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HomeMy WebLinkAbout10-10-2019 Charter PacketLINO LAKES CHARTER COMMISSION MEETING AGENDA 6:30 PM Thursday, October 10, 2019 1. Call to Order and Roll Call 2. Pledge of Allegiance 3. Setting the Agenda 4. Open Mike / Public Comments 5. Old Business A. Approval of May 9, 2019 minutes B. Petitions with City Clerk and City Attorney C. Legal Representation D. Open Positions on Charter Commission 6. New Business A. Odd Year Elections Julie Bartell 7. Next meeting January 9, 2020 6:30 PM Caroline Dahl Pat Devaney Chris Bretoi Chair Vice Chair Secretary 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Charter Commission May 9, 2019 Page 1 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS EXCUSED MEMBERS UNEXCUSED STAFF MEMBERS PRESENT OTHERS PRESENT: DRAFT CITY OF LINO LAKES CHARTER COMMISSION May 9, 2019 6:32 p.m. 7:17 p.m. Aldentaler, Bretoi, Dahl, Damiani, Juni, Lyden, Poehling, Stanek, Trehus, and Vanderpoel Devaney, Davis None None None CALL TO ORDER AND ROLL CALL Chair Dahl reconvened the meeting of the Lino Lakes Charter Commission at 6:32 pm on May 9, 2019. PLEDGE OF ALLEGIANCE Chair Dahl lead the Pledge of Allegiance. SETTING THE AGENDA Agenda was accepted as presented without additions. OPEN MIC/PUBLIC COMMENT No one present opted to speak for the open mic. OLD BUSINESS A. Approval of April 12, 2018 Meeting Minutes MOTION by Commissioner Juni, seconded by Commissioner Vanderpoel, approving the meeting minutes of April 12, 2018. Motion passed unanimously. B. Petitions with City Clerk and City Attorney Chair Dahl asked for input. Commissioner Trehus stated that he understands the information but cannot say he is in agreement. Commissioner Lyden referenced the response of the City and respected that is a legitimate response. He stated that the general public has no idea where to start with filing a petition for or 1 Charter Commission May 9, 2019 Page 2 46 against a project and noted that perhaps the information can be available in electronic format. He 47 noted that perhaps a pamphlet on the City Charter and Commission could be made available at 48 City Hall as well. 49 50 Commissioner Damiani agreed that it would be helpful to have the information available online. 51 52 Commissioner Juni noted that the City Clerk responded that she is available to assist residents 53 that may want help. He stated that perhaps something is published in the City newsletter letting 54 residents know that the City Clerk would be the contact for assistance. 55 56 Commissioner Lyden stated that perhaps that contact information could be listed under the City 57 Charter page as well. 58 59 Chair Dahl stated that she would follow up to determine if the information could be added to the 60 City Charter page of the website. 61 62 Commissioner Trehus stated that the City Clerk is not an attorney and if she is helping to word a 63 petition for signatures, could that then be a situation where the City Attorney determines that the 64 language is not appropriate and therefore is not valid. He stated that it could be helpful to have 65 some sample petition templates available for residents to use. 66 67 Commissioner Juni stated that it could be difficult to develop templates as the scope of potential 68 templates would be impossible to guess. He stated that he would hope that if the City Clerk is 69 working with a resident on a petition format, he would hope that the City Attorney would be 70 consulted to ensure it is the valid format. 71 72 Commissioner Trehus suggested that Chair Dahl ask the City Clerk the estimated length of time 73 that would be necessary for staff to assist a resident in creating a valid petition form that could be 74 used to gather signatures. 75 76 C. Legal Representation 77 Chair Dahl stated that she emailed many Charter cities in attempt to gather information on 78 possible legal representation. She stated that the three responses that she received all 79 recommended the use of Kennedy and Graven. 80 81 Commissioner Poehling asked if any of the responding cities indicated their legal budget. 82 83 Chair Dahl noted that most Charter cities are funded by the city. 84 85 MOTION by Commissioner Juni, seconded by Commissioner Bretoi, requesting that the Chair 86 reach out to Kennedy and Graven to solicit information on their service package to act as 87 representation for Charter Commissions. 88 89 Motion passed unanimously. 90 Charter Commission May 9,2019 Page 3 91 NEW BUSINESS 92 93 A. Open Positions on Charter Commission 94 Chair Dahl stated that the open positions could be listed on the City website, in the newsletter. 95 and on the cable channel that broadcasts City meetings. 96 97 Commissioner Bretoi suggested publishing the information in the Quad Press. 98 99 Commissioner Juni stated that each year various other Boards and Commissions publish 100 openings. He stated that if they are listing those positions, it would be helpful to include the 101 Charter Commission openings with those listings to gain additional interest. 102 103 Chair Dahl noted that perhaps it would be helpful to have a Charter Commission pamphlet 104 available at the front desk of City Hall advertising the open positions. 105 106 Commissioner Lyden agreed that it could be helpful to list available positions on the cable 107 channel prior to the City Council meetings. 108 109 Commissioner Poehling stated that perhaps the Council or staff could make an announcement 110 about the openings during a City Council meeting. 111 112 Commissioner Damiani stated that an announcement about the open positions could be included 113 in the scrolling information on the homepage of the City website. 114 115 Commissioner Poehling suggested implementing all the methods suggested by the City Clerk as 116 well as making an announcement at a City Council meeting. The Commission confirmed 117 consensus. 118 119 NEXT MEETING DATE 120 Chair Dahl noted the next meeting date is Thursday. July 11, 2019. 121 122 Commissioner Bretoi suggested holding a meeting if there is something to act on. 123 124 ADJOURN 125 126 MOTION by Commissioner Lyden, seconded by Commissioner Damiani. to adjourn the meeting 127 at 7:17 p.m. Motion carried unanimously. 128 129 Drafted by: Amanda Staple, TilneSaver Off Site Secretarial, Inc. Lino Lakes Charter Commission Agenda Item 6A STAFF ORIGINATOR: Julie Bartell, City Clerk MEETING DATE: October 10, 2019 TOPIC: Odd Year Elections Charter Commission Chair Dahl included the subject of odd year elections on the Charter Commission agenda. BACKGROUND In the past. both the Charter Commission and City Council have discussed the idea of changing city elections from odd to even years. The attached information outlines those discussions that occurred in 2010 and 2011: - October 2010 — The subject was brought forward by two council members and the matter referred to the Charter Commission for their review. - February 9. 2011 — The Charter Commission informed the council that they would not be taking any action on the matter. March 7. 2011 — The City Council discussed the matter and did not pursue a change. DISCUSSION Costs — One topic of past discussions of a change to even year elections has been cost savings to the City budget. Therefore I have attached updated budget information. The current odd year elections budget is $18,182. However, the entire budgeted cost would not be savings since some budgeted costs, such as capital equipment outlay, would continue to be an annual obligation. Charter Amendment Required - As outlined in the attached. any change would require an amendment to the City Charter. Terms of Office — A change in election year would require a plan to align elected official terms. ATTACHMENTS Elections and Voters Registration Budget Outline (2019 Budget) Staff report to City Council dated October 4. 2010 Minutes of October 4, 2010 City Council Meeting Referral of subject matter to Charter Commission, dated October 14, 2010 Response of Charter Commission, dated February 9, 2010 Staff work session report to City Council dated March 7, 2011 Minutes of March 7. 2011 Council Work Session CITY OF EL CT1QJ4S AND VOTERS REGISTRAJIQN 11Q1-4Q11 LINO LAKES Budget Adopted 2018 2019 Budget Detail Object Actual Actual Description Code 2016 2017 PERSONAL SERVICES SALARIES PERA SOCIAL SECURITY WORKER'S COMPENSATION 4101-000 4121-000 4122-000 4151-000 21,577 0 64 97 8,635 0 18 32 20,500 0 65 75 10.000 0 32 50 Primary and General Election Judges (Even Years) General Election Judges (Odd Years) 21,738 8,685 20,640 10,082 SUPPLIES OFFICE SUPPLIES 4200-000 962 257 800 800 Supplies for elections 962 257 800 800 OTHER SERVICES AND CHARGES POSTAGE 4322-000 95 124 2r00 200 Mail Election Judge Material TRAVEL & TUITION 4330-000 17 96 0 0 PRINTING & PUBLISHING 4340-000 390 1,703 1,000 1.800 Election Ballots (Odd years - City pays cost of municipal election ballots) 502 1,923 1,200 2,000 CONTRACTUAL SERVICES CONTRACTED SERVICES 4410-000 727 362 0 500 Voting Equipment Transport 727 382 0 500 CAPITAL OUTLAY EQUIPMENT 5000-000 4,583 4,655 4.600 4,800 Voting Equipment System per Anoka County Agreement 4,583 4,685 4,600 4,800 TOTAL ELECTIONS 28,512 15,932 27,240 18,182 'These costs would not be saved with even year election change 29 WS — Item 6 WORK SESSION STAFF REPORT Work Session Item #6 Date: October 4, 2010 To: City Council From: Julie Bartell, City Clerk Re: Odd Year Elections Background Chapter 4.01 of the Lino Lakes City Charter establishes that "A regular municipal election shall be held on the first Tuesday after the first Monday in November of each odd numbered year...". The rationale for holding a municipal election exclusive of the even - year state and federal level elections is not clearly stated in the city's records. Costs. The proposed budget for the city's cost of the 2011 election is $14,060. A change to even year would save that bi-yearly expense in its entirety. A change would also mean that the staff time devoted to elections during those odd years could be directed to other work. Charter Amendment. A change to the election year would require an amendment to the city charter. The amendment process is governed by state statute which provides more than one method by which a home rule charter can be amended: 1) Petition — a petition meeting the requirements of state law can be submitted by citizens and the question would be brought to the voters; 2) Amendment proposed by the council — the council may propose an amendment by ordinance and, after review by the charter commission, may present it to the voters; 3) Upon receiving a recommendation from the charter commission, the council may enact a charter amendment by ordinance with an affirmative vote of all council members (with a post approval waiting period of 90 days). Terms of Office. Any change to the municipal election year would obviously result in a question regarding the terms of office for the council members and mayor. Changing the election year may result in either the addition or loss of one year to the terms, possibly impacting both sitting council members and those individuals who are up for election/reelection. Requested Council Direction Staff is presenting the idea of pursuing a change to the city's current practice of odd -year municipal elections as a possible cost savings and efficiency measure and requests direction from the council regarding your interest. If the interest is present, the council should discuss the form of charter amendment that could be pursued. Staff would then be able to put together a possible schedule for either a council vote or inclusion of a question on the 2011 ballot. CITY COUNCIL WORK SESSION be t is, tot a CITY OF LINO LAKES EXCERPT OF MINUTES DATE MEMBERS PRESENT MEMBERS ABSENT October 4, 2010 : October 4, 2010 : Councilmember Gallup, O'Donnell, Reinert, Roeser and Mayor Bergeson : None Staff members present: City Administrator Jeff Karlson; Community Development Director Mike Grochala; Director of Public Safety Kent Strege; City Engineer Jim Studenski, City Clerk Julie Bartell The following is an excerpt of the minutes of the above date relating only to Item 6 on the meeting agenda. 6. Odd Year Elections — City Clerk Bartell explained that the concept of the city changing from an odd to even year election cycle for municipal elections is being brought forward at the request of two council members who presented it as an efficiency and cost saving possibility. Of the eighty plus cities in Anoka County, only two cities have their municipal elections in odd years (Lino Lakes and Circle Pines). She explained that the requirement for the current practice of odd -year city elections is included in the city charter so a charter amendment would be required for a change. The process for charter amendments (as set forth by state statute) was reviewed. Ms. Bartell noted the biyearly costs associated with holding an exclusive municipal election; the costs would be saved entirely along with staff's work and time associated with the election process. She also noted that any change to the election cycle would obviously result in an impact to terms of office for the council and mayor positions. It is advisable that any change in terms be determined and included in the enacting ordinance so it is clear up front. Staff is seeking direction from the council on their interest in further discussion or moving forward on a change and, if appropriate, on what type of amendment the council would seek. The council discussed possible scenarios of enacting a change, including how long a process would take. There was recognition that if the charter commission were to make the recommendation to the council, the process would be shorter and the savings would come quicker. The charter commission meets quarterly and has a meeting in October. The mayor remarked that municipal officials are at the bottom of the totem pole and the reason he sees for having off year elections is to give necessary attention to local questions. Joining with the larger election world would also mean some loss of the non- partisan nature of the municipal elections perhaps just by association (campaign signed displayed together). A council member noted that the savings are not extensive and they are actually saved only biyearly. Another council member suggested that the concept is worth exploring. 1 CITY COUNCIL WORK SESSION October 4, 2010 45 A question was posed by council regarding the city's sign regulations and the previous 46 direction to report on how the regulations should be amended to recognize the longer 47 absentee balloting period. The current regulations do not allow campaign signs to be 48 posted for the full absentee balloting period. Community Development Director 49 Grochala noted that he is working with the city attorney on that issue as well as another 50 constitutional concern about the city's sign regulations; he anticipates bringing forward a 51 change for consideration after the first of the year and in time for next year's election 52 period. 53 54 City Clerk Bartell added that there is additionally some language in the city charter that 55 does not correlate with recent election law changes at the state level and staff will be 56 reporting on that soon. 57 58 There was concurrence that the discussion on the matter will continue and the council 59 would like to request feedback from the charter commission. Staff should provide to the 60 commission the pros and cons mentioned at this meeting. 61 2 Referral to the Lino Lakes Charter Commission STAFF ORIGINATOR: Julie Bartell, City Clerk MEETING DATE: October 14, 2010 TOPIC: Odd Year Elections BACKGROUND The city council received the attached staff report at their work session on October 4, 2010. The report is in response to a council member suggestion that the city consider moving its election year from odd to even years as a cost saving measure. Since a change to the election year would require a charter amendment, the council is respectfully requesting that the Lino Lakes Charter Commission review the question and provide feedback to the council. Also attached is a draft of the minutes of the work session relative to this topic. The council requested that the pros and cons that they discussed be provided for your review. February 9, 2011 Honorable Mayor Jeff Reinert Councllmember O'Donnell Count member Gallup Counc lmember Rafferty Councilmember Roeser After reviewing the documentation of the Councff's discussion on the issue of odd/even election years, the Charter Commission concurs with the opinion provided by the Honorable Jeff Reinert, Mayor of Lino Lakes, in his canments of the Ocmber 4, 2010 work session approved minutes, lines 136 through 141: 136 The mayor remarked that municipal officials are at the bottom of the totem pole and the 137 reason he sees for having off year elections is to give necessary attention to local 138 questions. Joining with the larger election world would also mean some loss of the non- 139 ' partisan nature of the municipal elections perhaps just by association (campaign signs 140 displayed together). He also noted that the savings are not extensive and they are 141 actually saved only biyearly. Therefore the Charter Commission will not take any further action on this issue of odd/even election years. Caroline Dahl Chair Lino Lakes Charter Commission CC Julie Bartell, City Clerk Jeff Karison, City Administrator WS — Item 7 Date: To: WORK SESSION STAFF REPORT Work Session Item #7 March 7, 2011 City Council From: Julie Bartell, City Clerk Jean Viger, Deputy Clerk/Election Liaison Re: Even Year Elections Background In October of last year, the council discussed the idea of changing the municipal election from odd to even year to correspond with state and federal level elections and therefore save on the costs of administering an election. The proposed budget for the city's cost of the 2011 election is $14,060. A change to even year would save the actual expense biyearly. A change would also mean that the staff time devoted to elections during those odd years could be directed to other work. Of note also is that any change to the municipal election year would result in a question regarding the terms of office for the council members and mayor. Changing the election year may result in either the addition or loss of one year to the terms, possibly impacting both sitting council members and those individuals who are up for election/reelection. Since accomplishing a change in election year would require an amendment to the city charter, the council forwarded the matter to the Lino Lakes Charter Commission for their review. The Commission reviewed the matter at their meeting on January 13, 2011 and has forwarded the attached comments. It appears that the commission is not supportive of a change at this time. The council could still pursue an amendment to the charter. The amendment process is governed by state statute which provides more than one method by which a home rule charter can be amended: 1) Petition — a petition meeting the requirements of state law can be submitted by citizens and the question would be brought to the voters; 2) Amendment proposed by the council — the council may propose an amendment by ordinance and, after review by the charter commission, may present it to the voters; 3) Upon receiving a recommendation from the charter commission, the council may enact a charter amendment by ordinance with an affirmative vote of all council members (with a post approval waiting period of 90 days). Requested Council Direction Staff is presenting the response of the Charter Commission and requesting further council direction. Attachments Charter Commission letter CITY COUNCIL WORK SESSION March 7, 2011 APPROVED 223 6. Strategic Planning Update — Administrator Karlson noted that the council has 224 expressed interest in doing a strategic planning session for the city. He has presented the 225 name of an individual that has experience and can be recommended to lead an effort. The 226 council would need to establish goals for the session. The mayor suggested that a 227 facilitator should draw ideas from the council and help them create a plan from them. A 228 council member suggested that having the results of the organizational study may be 229 helpful in this process. Administrator Karlson suggested it would be at least 4 to 6 230 weeks until the results of the organizational study are ready; the council remarked that 231 such a time frame should fit in to when the planning session will occur. 232 233 Finance Director RoIek added that the city's Five Year Plan fits into the discussion of 234 strategic planning. He noted that while there is a framework for the plan (from past 235 consideration), the city needs to add another year and he's suggesting that be done in 236 April. The council will see the draft plan at their next work session, just for review. 237 With the results of the organizational study, an update should be considered. 238 239 7. Even Year Elections - City Clerk Bartell recalled that the council has discussed 240 the concept of changing from odd to even year municipal elections as a cost savings 241 measure. Since the election is established in the city charter and a change would require a 242 charter amendment, the idea was posed to the charter commission. The commission has 243 sent a response and it appears that they are not supportive of a change at this time. 244 245 The council did not indicate an interest in pursuing a change as a necessity. City 246 Administrator Karlson added that the election costs in the staff report don't include staff 247 time which can be significant. 248 249 8. Liquor License Fees - City Clerk Bartell reported that there are two items being 250 presented: a basic review of the city's license fee and the investigation fee issue. The 251 city's current liquor fees are included in the report. A comparison based on research of 252 fees in other cities of similar size and location was reviewed. It is good to look at the fees 253 regularly; a change in fees would be a council decision. Regarding investigation fees, 254 Police Chief Strege briefly reviewed what his department checks and confirmed that the 255 department performs the same intensive check each year and recommends continuing to 256 do that. A council member has concerns about these type of "extra" charges added each 257 year; one overall fee should suffice and, having spoken to other cities about their process, 258 he's found that the renewal investigation cost is generally included in the license fee. It 259 was clarified that the police department in fact does the same amount of investigation on 260 a renewal as on a new license. The Police Department also indicated that the current cost 261 of $250 or $450 is appropriate in regard to their cost to conduct the investigation. The 262 council reviewed the information included in the report comparing the cities investigation 263 costs with those of other cities. Finance Director Rolek added that there is some benefit 264 to the city in charging a separate fee for the investigation; if a license is denied, the cost 265 of the investigation is still paid. 266 6 Lino Lakes Charter Commission 2018 Membership and Term Donald Aldentaler Term expires December 31, 2019 Chris Bretoi (Co -Secretary) Term expires December 31, 2021 Pat Devaney (Vice Chair) Term expires December 31, 2019 Caroline Dahl (Chair) Term expires December 31, 2021 Kelli Damiani Term expires December 31, 2021 Steven C. Davis Term expires December 31, 2021 Howard Juni Term expires December 31, 2019 Christopher Lyden Term expires December 31, 2019 Jerome Poehling Term expires December 31, 2021 Carol Stanek (Co -Secretary) Term expires December 31, 2019 Mike Trehus Term expires December 31, 2021 Waylon Vanderpoel Term expires December 31, 2019 CITY OF LINO LAKES Application for Appointment to the Charter Commission PERSONAL INFORMATION Name: Phone: ( ) Address: Email address Number of years as a resident of Lino Lakes: CIVIC, PROFESSIONAL & COMMUNITY ACTIVITIES List any civic. service organizations, professional or community activities you have been or are currently involved in: List any special strengths, abilities. or experience you would bring to this commission: State why you would like to serve on the Charter Commission: Are you currently a qualified voter in the City? Yes No Are you currently a member of the Charter Commission? Yes No Note: City Council members cannot serve on the Charter Commission Signed: Date: You may attach additional information if you desire. Applications will be sent to the appointing judge for consideration. When appointments are made by the judge, applicants will be notified. Thank you for your interest in serving on the Charter Commission. Please return completed application to: -or- Commission Chair Caroline Dahl 1101 Holly Court East Lino Lakes. MN 55038 (rec 'd) City Clerk, Lino Lakes City Hall 600 Town Center Parkway Lino Lakes. MN 55014 (rec 'd) 2019 Charter Commiss.ln Meeting Attendance Regularly Scheduled Special tings Commissioners Cancelled Jetttrart10, 2019 Rescheduled (4-11 to 5-9) Mav 9, 2019 July 1 11, 2019 October 10, 2019 \ Last Name Aldentaler First Name Present Absent Excus , Absent Unexcused Absent Absent Present Excused Unexcused Absent Absent Present Excused Unexcused Absent A nt Present nexcused Donald Bretoi Chris / Dahl Caroline ✓ Damiani Kelly , (i Devaney Pat Davis Steven v / Juni Howard (/ / Lyden Christopher Poehling Jerry (// Stanek Carol Trehus Mike V Vanderpoel Waylon 7