HomeMy WebLinkAbout10-08-2020 Charter PacketLINO LAKES CHARTER
COMMISSION MEETING
AGENDA
6:30 PM
Thursday, October 8, 2020
6:30 PM 1.Call to Order and Roll Call
2.Pledge of Allegiance
3.Setting the Agenda
4.Open Mike / Public Comments
-Introduction of New Member Melissa Rodriquez
5.Old Business
A.Approval of October 10, 2019 minutes
B.Legal Representation (no new information)
C.Open Positions on Charter Commission
On going advertising (City website, newsletter, City Hall)
D.Odd Year Elections (no new information)
6.New Business
A.City Charter Document on City Web Site
7.Next meeting January 14, 2021
Chris Bretoi Caroline Dahl
Chair Secretary
How to Join the Meeting
Phone: Dial 1 312 626 6799
Meeting ID: 636 878 8293
Weblink: https://us02web.zoom.us/j/83954697111?
pwd=Z0Y5V3NwOGZoa091MHVnbDlZZVRiUT09
Charter Commission
October 10, 2019
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DRAFT 1
CITY OF LINO LAKES 2
CHARTER COMMISSION 3
4 5 DATE October 10, 2019 6 TIME STARTED 6:30 p.m. 7
TIME ENDED 7:49 p.m. 8
MEMBERS PRESENT Bretoi, Dahl, Damiani, Davis, Juni, Lyden, Poehling, 9
Stanek, Trehus, and Vanderpoel 10
MEMBERS EXCUSED Aldentaler 11 MEMBERS UNEXCUSED Devaney 12 STAFF MEMBERS PRESENT City Clerk Julie Bartell 13 OTHERS PRESENT: none 14
15
16
CALL TO ORDER AND ROLL CALL 17 Chair Dahl convened the meeting of the Lino Lakes Charter Commission at 6:30 pm on October 18 10, 2019. 19 20
PLEDGE OF ALLEGIANCE 21
Chair Dahl lead the Pledge of Allegiance. 22
23
SETTING THE AGENDA 24 Chair Dahl requested to add discussion of the Five-Year Plan under New Business. 25 26
Agenda was accepted as presented without additions 27
28
OPEN MIC/PUBLIC COMMENT 29 No one present opted to speak for the open mic. 30
31 OLD BUSINESS 32
33
A. Approval of May 9, 2019 Minutes 34
MOTION by Commissioner Juni, seconded by Commissioner Poehling, approving the meeting 35
minutes of May 9, 2019. 36
37 Motion passed unanimously. 38 39
B. Petitions with City Clerk and City Attorney 40
City Clerk Bartell referenced the discussion the Commission had at the May 9th meeting which 41
left some open-ended questions. She explained that due to the number and types of varying 42
petitions, it would be difficult to provide a template petition. She reviewed some of the different 43 petitions that she has received in the past. She explained that each petition is very different in its 44 regulations and therefore a template could make it more difficult as it would not be accurate. She 45
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October 10, 2019
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stated that the most successful method would be for residents to check with City staff or legal 46 counsel related to the necessary information for a petition. 47
48
Commissioner Lyden commented that it appears it would be difficult to formulate a template and 49
perhaps it would be better to include language on the City website that residents can contact City 50
staff for more information on what would be required for a particular petition. He explained that 51 his concern is making the information accessible and user friendly. 52 53
City Clerk Bartell stated that perhaps blurbs could be placed under the City Charter and 54
Administration portions of the website which would make it easily searchable. 55
56
Chair Dahl provided an example of a petition that circulated her neighborhood and was 57 successful to gain additional streetlights. 58 59
Commissioner Trehus stated that the discussion at the last meeting was related to the petitions 60
available under the two sections of the Charter. He stated that he has heard in the past that 61
residents have reached out about potential petitions and were assisted by City staff. He asked for 62
additional details on the assistance that City staff is able to provide, as he would want to ensure 63 that the petition process is an easy and open process. 64 65
City Clerk Bartell agreed that she also likes to ensure that the process is as easy and open as 66
possible. She provided an example where she recently spoke with a resident about a petition that 67
was not clear. She stated that in that case it was clear to her that the resident should speak to 68
legal counsel on how best to proceed. She stated that the petition was ultimately rejected by the 69
City Council. 70 71
Commissioner Trehus stated that he has submitted a petition in the past and used the statute for 72
guidance. He asked if a form was created for the petition against the extension of water in a 73
neighborhood. 74
75
City Clerk Bartell confirmed that the City Attorney assisted in creating that form, based on 76 direction from City staff. She explained that there was a need for the Council to know how many 77 people supported water/sewer in that neighborhood. She noted that the decision from City staff 78
to request assistance from the City Attorney would be based on the circumstances. She stated 79
that she would hope that residents would not see a petition form as the only method of 80
communicating or requesting something they would like to discuss. She noted that she will help 81
to the extent of her knowledge and power when asked. 82 83 Commissioner Lyden stated that in getting it right, sometimes a legal opinion is needed. 84
85
City Clerk Bartell stated that in some instances the City Attorney could review that. She noted 86
that she does not refer anything directly as the City Attorney conducts work under a legal 87
contract and therefore any potential referrals would need to go through the City Administrator. 88 89 C. Legal Representation 90
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Chair Dahl stated that she reached out to Kennedy and Graven, following the last discussion. 91 She stated that the firm currently represents the City on bond and development matters and 92
therefore cannot represent the Charter Commission. She noted that two additional referrals were 93
provided that have knowledge on municipal law but noted that neither option had any experience 94
with charters. She stated that she is at a loss of what else she could do to research potential legal 95
representation. 96 97 Commissioner Bretoi asked if Kennedy and Graven provided a reason for not wanting to assist 98
the Charter Commission. 99
100
Chair Dahl explained that the reason provided was a potential conflict as the firm currently 101
represents the City on bonding and development issues. 102 103 Commissioner Trehus agreed that there could be a potential conflict if that firm represents the 104
City on bonding and development issues. 105
106
Commissioner Poehling asked if a specific issue was mentioned in the email to the firm, as there 107
could be a difference in a potential conflict dependent upon the issue needing assistance. 108 109 Chair Dahl read aloud the communication she sent to the firm, which was vague in the possible 110
representation. She stated that at this time there is not a specific issue the Commission needs 111
assistance with. She explained that is why she kept the request general as there is not a specific 112
request needing assistance. 113
114
Commissioner Poehling stated that if there is a specific issue that arises, perhaps the Commission 115 could reach out to the firm and there could be clearance provided for that firm to assist the 116
Commission if there is not a conflict. 117
118
Commissioner Bretoi stated that this issue has been ongoing for some time with no resolution 119
and perhaps it would be time to move on. 120
121 Commissioner Trehus referenced the outdated list that Chair Dahl mentioned and asked for more 122 information. 123
124
Chair Dahl stated that she has a list from the League of Minnesota Cities of other charter cities 125
and the related contacts. She noted that the contacts listed have most likely become outdated, 126
which would equate to the lack of responses. She stated that she did request an updated list but 127 was told there would be a very high hourly charge to provide that information. She stated that 128 she would be willing to reach out to additional cities. 129
130
City Clerk Bartell stated that perhaps the contact be limited to the metro area to narrow down the 131
list. 132
133
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Commissioner Damiani stated that she completed a Google search of charter cities within the 134 state of Minnesota which provided immediate results. She noted that may be a source to provide 135
updated contact information. 136
137
Chair Dahl noted that some charter cities replied that they do not have their own representation 138
and simply utilize their City Attorney with questions. 139 140
D. Open Positions on Charter Commission 141
City Clerk Bartell stated that the Chair typically invites the members with expiring terms to 142
reapply if desired and reviewed the different methods to reapply. She explained the process that 143
is followed once applications are received. She stated that the City has been advertising for the 144
open positions on the Commission through multiple formats. She stated that the City has not yet 145 received any applications for the three open positions. 146 147
NEW BUSINESS 148
149
A. Odd Year Elections 150 City Clerk Bartell hoped that the Commissioners were able to review the report which includes 151 the background information going back to 2010. She explained that in 2010 the Council brought 152 forward the idea of switching to even year elections, as Lino Lakes is one of only two cities in 153
Anoka County that complete local elections in odd years. She stated that a driving force to 154
change to even years is the cost savings to the city budget as well as staff time. She explained 155
that both the City Clerk and Deputy City Clerk devote much of their time in a year to election 156
administration, along with the time of the election judges. She stated that the requirement of an 157
odd year election is included in the Charter and therefore, inte 2010, the question of change ot an 158 even year was sent to the Charter Commission. 159
160
Chair Dahl recalled that the Mayor was opposed to a change. She found it helpful to have that 161
opinion expressed. 162
163
City Clerk Bartell noted that the topic was added to the Charter Commission now at the request 164 of the Chair. She noted that the cost budgeted for election administration this year is $18,000. 165 She confirmed that $4,000 to $5,000 of that cost is capital improvements for equipment that 166
wouldn’t be saved. 167
168
Commissioner Poehling asked if the Council is currently discussing this topic. 169
170 City Clerk Bartell said no. 171 172
Chair Dahl stated that she placed the item on the agenda at the request of a Commission member. 173
174
Commissioner Poehling stated that he would favor even year elections. He recognized the cost 175
savings but noted that there would also be higher voter turnout. 176 177 Commissioner Lyden asked if there is information on the turnout for even and odd year elections. 178
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179 City Clerk Bartell commented that in Presidential years the voter turnout rate is in the 90 percent 180
rate, whereas typical odd year turnouts range from about 15 to 30 percent. 181
182
Commissioner Trehus asked if special referendum elections could still fall on odd years. 183
184 City Clerk Bartell confirmed that those elections could occur on odd years if necessary. She 185 provided additional information on the administration of elections and the related costs. 186
187
Commissioner Bretoi asked if it would be appropriate to bring the topic back to the City Council 188
following the election this year. 189
190 Chair Dahl agreed that would be a good idea. 191 192
Commissioner Juni stated that he remembered when this discussion occurred in 2010. He stated 193
that it seemed that the Charter Commission at that time followed the opinion of the Mayor to not 194
change that element of the Charter. 195
196 City Clerk Bartell noted that Charter amendments that don’t go to ballot require a unanimous 197 vote of the Council. 198
199
Commissioner Trehus stated that the reason the change was not supported in the past is because 200
the visibility of the local candidates often becomes lost during even year elections because of the 201
elections at the state and federal levels occurring at that time. He stated that even though there is 202
a lesser voter turnout on odd years, the people voting are often more informed. 203 204
Commissioner Bretoi noted that there is nothing that requires a voter to vote for every position. 205
He noted that people can simply skip items that they are not informed on. He stated that there is 206
a much smaller voter turnout for odd election years. 207
208
Commissioner Trehus commented that those are more informed voters. 209 210 Commissioner Bretoi commented that is just a personal opinion. 211
212
Commissioner Juni stated that he would like to wait to continue the discussion after the elections 213
this year. He stated that even if half of the even year election turnout votes on local elections, 214
that is still more than the turnout on odd years. 215 216 Commissioner Trehus stated that it his opinion that the ability to focus on local election matters 217
is compromised by the larger elections occurring on even number years. 218
219
Commissioner Poehling stated that he pays attention to all those offices up for election when he 220
votes on even number years. 221 222
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October 10, 2019
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MOTION by Commissioner Bretoi, seconded by Commissioner Lyden, requesting to bring this 223 topic forward to the City Council after the election. 224
225
Further discussion: Commissioner Juni commented that this would be a good topic for joint 226
discussion between the Commission and City Council. 227
228 Commissioner Davis stated that it is a fairly common issue across the country with lower vote 229 participation in odd years. He stated that he believes in odd year elections as it provides local 230
candidates much more visibility but noted that education of the public would really be a driving 231
force in increasing voter participation. He stated that during even year elections the local 232
election candidates would most likely be placed on the back side of the form which is typically 233
considered “less important”. 234 235 Chair Dahl noted that the Commission could discuss this at its January meeting and then 236
something could be potentially sent to the City Council. 237
238
Commissioner Bretoi (maker of the motion on the floor) stated that he would agree to delaying 239
until after the Commission can discuss the topic again. 240 241 Commissioner Juni stated that he would also suggest that the Commission discuss the topic and 242
perhaps then in a joint format with the City Council to open that line of communication as this 243
would be a good topic to discuss jointly between the two groups. 244
245
Commissioner Bretoi agreed that this should be discussed under Old Business at the January 246
Charter Commission meeting and a specific time to discuss the topic with the Council could be 247 discussed at that time. 248
249
Motion passed unanimously. 250
251
B. Discussion of the Five-Year Plan 252 Chair Dahl stated that this element is required by the Charter but did not believe that the City 253 Council is doing a good job to ensuring this is completed. 254 255
MOTION by Commissioner Bretoi, seconded by Commissioner Trehus, ask the City Council 256
when it plans to update and publish the next Five-Year Plan as required by the City Charter. 257
258
Motion passed unanimously. 259 260 NEXT MEETING DATE 261
Chair Dahl noted the next meeting date is Thursday, January 9, 2020. 262
263
ADJOURN 264 265 The meeting adjourned at 7:49 p.m. Motion carried unanimously. 266 267
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Drafted by: Amanda Staple, TimeSaver Off Site Secretarial, Inc. 268
CHARTER COMMISSION AGENDA ITEM 6A
STAFF ORIGINATOR: Julie Bartell
City Clerk
MEETING DATE: October 8, 2020
TOPIC: City Charter Document On-Line
INTRODUCTION
Since Lino Lakes is a home rule charter city, it is organized and operates under the guidance of
its City Charter, its Code of Ordinances and state statutes.
BACKGROUND
It’s important for citizens to have access to the City Charter to fully understand the operations
and regulations of the City. Currently the Charter document is available to view on the City’s
website as a PDF document that can be accessed by clicking on the Charter Commission link.
The City’s Code of Ordinances is available through the City website also however it is provided by a link to a professional legal publishing company called American Legal. By hosting our
Code online through this service, we offer residents and staff certain benefits such optimum
search capability and the ability to insert amendments efficiently.
RECOMMENDATION
As someone who utilizes the City Code and Charter often, I think it would be beneficial to add
the City Charter to the Code of Ordinances site for the following reasons:
-Better search capability;- More visibility to the general public and staff;
- One stop viewing for City regulations;
-Cleaner format.
There is an upfront cost of approximately $1,200 to get the Charter added to the site. This upfront cost would be covered through the current City annual budget line item for updating the
City Code with no impact on the Charter Commission budget.
ATTACHMENTS
Since the Charter Commission meeting will be held on Zoom, I plan to show you a sample of
what the Charter document would look like if added the Code page. If you’re interested in
seeing how this looks for another city, here’s a link to the City of Bloomington site. https://www.bloomingtonmn.gov/cl/city-charter-and-code-ordinances