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HomeMy WebLinkAbout10-09-1997 Charter Minutes Charter Commission October 9, 1997 Page 1 CITY OF LINO LAKES CHARTER COMMISSION DATE : October 9, 1997 TIME STARTED : 7:10 P.M. TIME ENDED : 9:30 P.M. MEMBERS PRESENT : Bening,Bernier,Dahl, DeMotts,Dunn,Lane, Montain, Rehbene, Sullivan, Trehus and Turner MEMBERS EXCUSED : Corson, Solfest, Stoulil MEMBERS ABSENT : Scharpen (moved from the City) STAFF MEMBERS PRESENT : City Engineer,David Ahrens CALL TO ORDER AND ROLL CALL Chair Montain called the regular meeting of the Lino Lakes Charter Commission to order on October 9, 1997 at 7:10 p.m. Commissioner Trehus arrived at 7:18 p.m. and Commissioner Dahl arrived at 7:28 p.m. CONSIDERATION OF MINUTES July 10, 1997 Paragraph 5 on Page 3 was corrected as follows: "The Charter Commission does not have authority to fund road reconstruction, and how that fund is spent is controlled by the Charter." MOTION by Rehbein, seconded by Bening,to accept the corrected version of the Charter Commission minutes of July 10, 1997, without filling in omitted information. The motion carried unanimously. APPEARANCES City Engineer David Ahrens explained that one year ago a meeting was held with the City Council to determine which roads the City would reconstruct. One neighborhood was identified as having exceptionally poor streets but already had utilities in place; therefore, utility assessment was not an issue. Following identification of this neighborhood, a detailed report was prepared by SEH which described in more detail the elements of road reconstruction; such as, soil borings, type of street section that should be installed, and a cost estimate which totaled$1.89 million. Along with this report, the following assessment rate was proposed: $2,000 per lot for street improvements, and $1,045 per lot for storm sewer improvements, for a total of$3,045 per lot. Mr. Ahrens pointed out that the street improvement assessment is based upon a base rate, while Charter Commission October 9, 1997 Page 2 the storm sewer improvements are based upon actual construction costs divided by the total number of lots (183). Mr. Ahrens further explained that one neighborhood meeting was held, at which 30 to 40 people appeared. Mr. Ahrens reviewed the details of the proposed project at that time, and felt that attendants understood the process. Following City Council acceptance of this report, a public hearing was scheduled for July 28, 1997. After SEH's presentation audience participation was encouraged, beginning with a positive statement. The public hearing was closed on that date, beginning the 60-day waiting period within which affected residents have the opportunity to give additional input in the form of a petition, either for or against the project. The petitioning period ended September 27, 1997, with no petitions filed. Mr. Ahrens stated that at this time the City is "on track" for consideration of this item on the upcoming election ballot. City Attorney Hawkins prepared the following question for the November 4, 1997 election ballot: QUESTION NO. 2 The City Council of Lino Lakes is considering the improvement and reconstruction of certain streets within the City. The total cost is estimated to be $1,969,110.00. Twenty eight percent(28%) of these costs are proposed to be paid by levying special assessments against the benefited properties within the subdivision, in accordance with standard City assessment policies. The remaining seventy two percent (72%) is proposed to be paid by money within the City General Fund which will include property tax revenues generated from the entire City. The City Charter requires voter approval before using General Fund revenues for this purpose. "Shall the City Council of Lino Lakes be authorized to pay for a portion of the costs of local street im- provement from the General Fund of the City?" Yes No Mr. Ahrens indicated that Mr. Elsenpeter of the Press contacted Mr. Ahrens, stating that he would be taking most of the information for his upcoming article from the public hearing minutes and the feasibility report. Following the election on November 4, the City Council will be in a position to take action on this matter based upon the outcome of the vote. Chair Montain asked if those in attendance at the public hearing had a clear understanding of the Charter and how it works. Mr. Ahrens indicated that the majority seemed to accept the explanations offered by Staff, however, some felt the reconstruction process seemed difficult, and a small percentage came forward with negative comments. Charter Commission October 9, 1997 Page 3 Chair Montain indicated that the ballot Question as written seemed too vague; not tied strongly enough to the explanatory paragraph. He asked Mr. Ahrens if he perceived this as a problem. Mr. Ahrens stated that he did not. Ms. Turner stated her feeling that the tie between the Question and the explanation appearing above it should be much stronger. Chair Montain reiterated concern that if voters simply read the Question and not the paragraph above it, they would not make the connection between the two. Commissioner Bening suggested that if this issue passes,the possibility exists that it could be misconstrued as a blanket endorsement for future street improvements. Ms. Turner expressed concern that many might vote "no" based on such a misconception. Mr. Ahrens stated that he did not believe that would happen. Commissioner Sullivan asked why specific streets were not named in the Question. Mr. Ahrens indicated that perhaps such information was omitted in the interest of keeping the Question brief. Chair Montain clarified that the reconstruction in connection with this Question is intended for specific streets. Mr. Ahrens responded in the affirmative. Ms. Turner expressed frustration because the Charter Commission had so little input into the formalization of this Charter test. She also pointed out that the Commission was to handle the educational portion of this election issue, and added that the way it is written the Question is not representative of the Commission's intent. Commissioner Dunn suggested that the Charter Commission come forth at this time with a positive educational advertisement as a remedy to this situation. Chair Montain asked if a neighborhood meeting might have taken place had this been a Chapter 429 area, or would the only difference have been the 60-day waiting period. Mr. Ahrens responded that the main difference between Charter and Chapter 429 procedure is the 60-day waiting period preceding the vote. Chair Montain asked for Mr. Ahrens' feeling about the way this issue is being presented to the voters. Mr. Ahrens indicated that he reviewed the Question prior to publication and approved its content. He apologized for not presenting the proposed language to the Charter Commission prior to finalization. Commissioner Trehus asked if it is too late to change the Question. Mr. Ahrens indicated that it is too late to revise the language. Chair Montain asked the group for its feeling as to possible success or failure of this issue. Charter Commission October 9, 1997 Page 4 Commissioner Dunn stated that the Charter was followed explicitly in so far as the process used. Commissioner Rehbein asked if the intention of the test of the Charter is not more of a blanket concept. Chair Montain responded that the purpose is to test the Charter as written; however, this Question is directed at the first phase only, not intended to be a blanket decision. Commissioner Sullivan suggested that the voters be apprised of the streets involved. Mr. Ahrens explained that East Shadow Lake Drive, Black Duck Drive, Mallard Lane, Black Duck Circle, Partridge Place, Lantern Circle, and Lantern Lane are the specific streets proposed for improvement. Chair Montain pointed that these streets are generally located at the southeast corner of Reshanau Lake. Mr. Ahrens expressed concern about the Commission's apparent dissatisfaction with the way the election Question is worded, and asked if it intended to pursue a remedy. Commissioner Trehus asked if there might be time to place an article in the next newsletter to clarify the Question. Commissioner Turner asked why reference to "improvements" couldn't be changed to "repairs" or"reconstruction", as "improvements" suggests inclusion of utilities. Chair Montain reiterated the intent of this ballot issue as a test of the Charter as written. If the issue fails, a close look must be taken at why the issue failed--whether it was due to anticipated cost, or due to the workings of the Charter. Commissioner Trehus stated that failure of this issue is no test of whether or not the Charter works. Commissioner Dunn suggested that if the issue fails, it is because the pertinent section of the Charter does not work. Commissioner Lane asked if there is any plan to educate the voters on the streets involved as they come to vote. Mr. Ahrens indicated that there is not. Commissioner Trehus asked if a flyer could be prepared for distribution. Chair Montain pointed that no campaigning activity could take place at the polling location. Commissioner Lane put this question to Mr. Ahrens, who agreed that there could be legal ramifications to any prepared information being distributed at the voting locations. He added that he doesn't feel it would be appropriate to place educational articles in local publications, as the proper process has been followed. Commissioner Dunn pointed out that a document went out to residents describing the project, and the City published a map of the area for the public hearing as well as the proposed costs. Charter Commission October 9, 1997 Page 5 The only possible omission would be reference to the specific streets. Otherwise, in Commissioner Dunn's opinion, there is a very clear explanation of the intent of this ballot issue. Mr. Ahrens suggested a brief notice clarifying the streets involved, or a map as a supplement to the proposed newspaper article, might be appropriate. Commissioner Bening disagreed with Commissioner Dunn with respect to the presence of a clear link between the Question and the explanatory paragraph. Chair Montain asked if Mr. Ahrens could work with the newspaper to see that the map be published, as suggested earlier. Commissioner Turner clarified that this Question applies only to the first phase of reconstruction, and any subsequent work would have to be voted on by the public again. Commissioner Trehus reiterated concern that passage of this item opens the door for use of public funds for future projects without public vote. Commissioner Lane asked if there will be a second reconstruction phase if this issue does not pass public vote. Mr. Ahrens indicated that he could not answer that question. Commissioner Sullivan passed correspondence to Mr. Ahrens for future discussion, and indicated his interest in the education proposal. Mr. Ahrens stated that he would review the information with Attorney Hawkins. Chair Montain thanked Mr. Ahrens for his appearance. He then acknowledged Kim Sullivan and Dick McCoy, who were visitors to the meeting. OLD BUSINESS Road Reconstruction -Ballot - Chair Montain reiterated the general concern of the Commission regarding Question No. 2 on the upcoming ballot. He stated that his main concern is that this Question is designed to test the Charter; and if it fails, will the failure be due to the issue itself or due to the workings of the Charter. Chair Montain indicated that he recently communicated with Bob Elsenpeter, who asked about Question No. 2. Chair Montain told Mr. Elsenpeter that the Charter had not been tried in approximately 15 years with respect to road reconstruction. He pointed out that the City has a responsibility for and a large investment in its roads, and that the applicable part of the Charter should be tested. Chair Montain also pointed out to Mr. Elsenpeter that failure of the issue would result in close review of that portion of the Charter, and indicated his desire that the public be more involved in the workings of the City government through this process. Commissioner Turner questioned whether or not this is a fair test. Commissioner Dunn asked what a fair test would have been, if this is determined not to be. Charter Commission October 9, 1997 Page 6 Commissioner Turner again expressed frustration with not having been asked for input during the process leading up to finalization of the ballot question. Commissioner Dunn stated that he inquired about the issue as it was being written. He added that the 60-day waiting period was almost coincident with the release of data for the ballot. Technically the 60 days must pass before the referendum could be allowed on the ballot, absent sufficient objection by the affected residents which did not occur. Unfortunately, Commissioner Dunn did not have the opportunity for further input prior to the ballot going to the printer. Commissioner Turner restated her question--would this have been a true test of the Charter if the Question was tied more specifically to the descriptive paragraph. Chair Montain stated that he is more optimistic. As far as testing the Charter, Chair Montain feels that the ballot accomplishes what the Charter requires. Commissioner Turner requested feedback from the balance of the Commission. Commissioner Sullivan stated that there is not time to call a special meeting for review of this issue. The Commission agreed to the Charter test, and that it is regrettable that the Commission did not have input into the content of the ballot. Commissioner Trehus indicated that the Commission should limit present discussion to what it can do to make this Charter test as successful as possible. Commissioner Sullivan presented the document prepared by Kim Sullivan which included results of her research and advice with respect to this issue. He expressed concern that if this is "the big test", it be a good test; and, in his opinion,this is not clear. Commissioner Sullivan called for a motion whether or not the Charter Commission supports the Question on the ballot. Commissioner Trehus stated that the Commission should concentrate on resolving the issue of the ambiguity of Question No. 2; that the question as to whether or not the Charter will require revision or amendment following the election is not one that should be addressed at this time. Commissioner Sullivan suggested that there is a good chance that if Question No. 2 passes the City can "run wild''with public funds. Commissioner Dunn pointed out that it can only spend up to $1.9 million. Commissioner Dunn stated that regardless of how the Question is worded, the City cannot spend more than $1.9 million. Commissioner Trehus stated that the Question suggests that the City is looking at a project for that amount of money and that they are requesting authorization to use public funds for a portion of those costs. There is a specific issue, and a general question. Charter Commission October 9, 1997 Page 7 Commissioner Bening expressed concern that if the issue passes it can be interpreted incorrectly. Chair Montain indicated that the duty of the Commission would be to monitor future projects that would fall under this process. Commissioner Dunn pointed out that any future projects would have to follow the same process as this one has thus far; and that the petition process can stop any projects not acceptable to the public. Commissioner Trehus disagreed with Commissioner Dunn's interpretation of the Charter. Additionally, he hypothesized that if the City Council were to initiate another road reconstruction project, in accordance with the process set forth in the Charter, it would be highly unlikely that they would go forward with road reconstruction without offering the matter for public approval. Chair Montain reiterated the Commission's responsibility to monitor future projects. Commissioner Bening stated that all the Commission can do is point out a problem with the process; it cannot provide a solution. Commissioner Dunn stated that the Commission can only recommend what is on the ballot. Kim Sullivan expressed concern that the Charter test will not be a good one; that the paper trail ends between the descriptive paragraph and Question No. 2, according to her sources. Commissioner Rehbein stated that even if the Question itself is vague,the Charter process must still be followed with respect to future projects. Commissioner Trehus agreed that the Charter requires that the petition process be followed. Commissioner Bening pointed out that a petition is only presented by those directly effected by the proposed project,not the entire community. Commissioner Turner asked what the Commission can do to resolve the situation. Commissioner Rehbein expressed his feeling that publicizing the street names would result in more "no" votes. Commissioner Turner asked if there is anything the Commission can do to make the Question more valid. Commissioner Bening suggested that the City Council be asked to take formal action tying the Question to the descriptive paragraph. Commissioner Turner expressed agreement. MOTION by Bening, seconded by Turner,to advise the City Council to clarify by formal action that Question No. 2 encompasses only the East Shadow Lake Drive/Black Duck Drive area, and is not blanket for any other road reconstruction. Charter Commission October 9, 1997 Page 8 Commissioner Trehus expressed concern that if the Question is passed and subsequently changes in the Charter do not take into account its "blanket" nature, the City would then be subjected to Chapter 429. He suggested adding to the motion that approval of Question No. 2 is not authorization for any future road reconstruction of any type. Commissioner Dunn suggested that the $1.9 million be allocated to a specific road improvement plan. Commissioner Bening stated that reference not necessarily be to funds, but to a specific project. Kim Sullivan asked that a resolution be requested rather than a motion, making the action binding. Chair Montain repeated Bening's motion, clarifying "by formal action" by amending the motion to state "to advise the City Council to clarify by resolution that Question No. 2 encompasses only the East Shadow Lake Drive/Black Duck Drive area, and is not blanket for any other road reconstruction. Motion carried unanimously. Chair Montain suggested that this issue be presented at the City Council's next work session, which is scheduled for October 22, 1997, and that it be recommended for the October 27, 1997 Council agenda. Commissioner Trehus asked what can be done if the City Council fails to resolve this issue on October 27. There would not be sufficient time for the Commission to take action between that date and the election. Commissioner Rehbein stated that the Commission cannot take a stand against the ballot. Chair Montain stated that the Commission is seeking only to dissolve any doubt as to the Council's intent. Chair Montain indicated that he will attend the work session. Additionally, Commissioner Dunn stated that he and Commissioner Bening would attend. Prior to that time, Chair Montain will communicate concerns to Staff and notify the City Clerk that this item should be placed on the October 27 City Council agenda. Chair Montain asked for input from the Commission as to what, if anything, the Commission should present to the public with respect to education on this ballot item. Commissioner Turner asked for a slogan that asks the public to vote yes. Charter Commission October 9, 1997 Page 9 Commissioner Dunn suggested that with some minor revisions the draft article for the winter volume of the Lino Lakes City Newsletter provides the essence of good material for an educational presentation. Commissioner Turner indicated an obligation on the part of the Commission to support the ballot issue. Commissioner Trehus stated that the Commission cannot claim that voting yes on this issue will save the City Charter. Commissioner Dunn reminded the group that the Commission's goal is to assure that the City is positioned to fix the infrastructure, roads being just one element. Commissioner Lane suggested "save the roads" as a slogan. Commissioner Turner stated that the endorsement should be tied to the Charter test. Chair Montain clarified that this ballot issue is a test of the Charter working, but is not a test of the Charter itself. He asked again for a decision as to whether or not the Commission should offer educational information and, if so, what specifically should be presented. With respect to road reconstruction, the majority of the group expressed agreement that educational information should be presented. Commissioner Dunn asked if the Commission will endorse a"yes"vote on this ballot issue. Chair Montain pointed out that the issue will appear on the ballot regardless of what the Commission decides, and that the intent of this poll is to establish ground for development of educational material. All voted yes, except Commissioner Trehus, who felt that endorsement would be advising people how to vote. Commissioner Sullivan called for professional behavior by the Commission, including being recognized before speaking. Commissioner Turner expressed her feeling that it is important for the Commission to endorse and support the City Council in this test of the City Charter. Commissioner Trehus expressed the necessity for the Commission to retain credibility, which could be jeopardized if this measure is not met with voter favor. He added that the Commission as a group should ask Lino Lakes residents to take a strong look at Question No. 2, because under the City Charter the only way to accomplish the much-needed road reconstruction in our community is through voter approval of this measure on the ballot. MOTION by Commissioner Trehus, seconded by Bernier, that the Commission feels strongly that many of the City's roads need repair. Under the current Charter the only way to repair roads is through voter approval, and that the residents take a strong look at the measure on the ballot. Charter Commission October 9, 1997 Page 10 Chair Montain asked if Commissioner Trehus intended for his motion be presented to the public in the form of an advertisement, to which Trehus responded in the affirmative. Commissioner Dunn suggested the word"reconstruction"rather than"repair". Motion carried unanimously. Chair Montain then asked how and when the advertisement should occur. Commissioner Turner suggested a flyer inserted within the newspaper, with the motion on one side and the historical information contained in the proposed Newsletter article on the other. Commissioner Dunn pointed out that a 1/4-page would cost approximately $250. It was agreed that an insert would be less costly. Following additional discussion about cost and placement, a MOTION was made by Commissioner Dunn, seconded by Bening, to appoint a subcommittee to lead the effort to prepare an advertisement for the local newspaper either by way of an insert or a 1/4-page advertisement, whichever is most suitable, with a cost limit of$500; and that this subcommittee be authorized to prepare the language and put the advertisement into the newspaper. Motion carried unanimously. The committee will consist of Commissioners Turner, Trehus, Dahl, and Bernier. Road Reconstruction - Subcommittee- Commissioners Dunn, Sullivan, Trehus, Solfest, and DeMotts (Chair)met on September 13, 1997, at which time it was agreed that a fund would be started. Commissioner DeMotts read the following communication from City Administrator Schumacher with regard to this item: Dear Mr. Dunn: I would like to take this opportunity to thank you and the road committee for all your hard work and persistence on the Lino Lakes road improvement program. As you know, the process for improvements is well under way(feasibility report, public hearing and referendum) and will be completed this November. An important factor in this program is the funding element. I believe the City Council has made a significant statement by allowing future utility franchise fees to remain undesignated which may be used for future road improvement programs. The City Council is also investigating other non-tax revenue sources eligible for road reconstrution. The City Council has only taken preliminary action on the 1998 budget and it will not be finalized until December of this year. Once again,thank you for your assistance in the development and support for the Lino Lakes road improvement program. Charter Commission October 9, 1997 Page 11 Commissioner Dunn stated that this group had a series of meetings to determine a course of action. The first step was to meet with Mary Vaske, David Ahrens and Randy Schumacher to discuss general funds in the budget. There were several financial documents prepared for review of cash flow and schedule; DeMotts and Dunn attended the preliminary budget hearing, where they expressed the Commission's views; and subsequent meetings were held with Ahrens and Vaske to work on the issue. Commissioner Dunn stated that when the preliminary budget was presented there were no funds allocated for road reconstruction. He indicated that he communicated dissatisfaction to Schumacher, who said that there was a possibility of using royalties for road reconstruction activity. Commissioner Dunn requested that Schumacher put this suggestion in writing, and the correspondence read earlier was the result of Dunn's request. The amount of these royalties could amount to approximately $250,000 per year. Significantly, this amount has not been committed to the general fund and stands as a potential tool of dollars that could be used to pay off a bond issue, etc. Although not directly responsive to the Commission's request, Dunn stated that it is a step toward recognition by the City Administrator of the need to motivate the City Council to accomplish such goals. Commissioner Dunn added that the budget is not final, and there is still the possibility of reallocation of funds. MOTION by Commissioner Dunn, seconded by Trehus,that after the election the Commission reapproach the City Council to allocate funds from this year's budget for projects such as road reconstruction, seconded by Trehus. Commissioner Rehbein expressed agreement that the funds would be appreciated, but concern about where the funds would come from and that use would be properly monitored. Commissioner Dunn indicated that this is presently general fund money. Motion carried unanimously. Commissioner Trehus asked if it would be appropriate to advise the public that the project on this ballot might raise taxes or cut services. Commissioner Dunn suggested that such advice would cloud the issue at hand; and that put in proper priority order the work can be done without any tax increase. Commissioner Sullivan reminded the group that previous research revealed that Lino Lakes is not budgeting for road reconstruction as is done by other cities. He added that the money is there, and no tax increase will occur. Commissioner Dahl asked if the $1.9 million is the 28%to be supplied by residents. Commissioner Trehus explained that 72%of the $1.9 million comes from the general fund, and 28% is assessed to residents. Communication - Chair Montain stated that the process is ongoing. Commissioner Turner indicated that a momentum has been established, and that there is a need to produce another newsletter. She distributed a draft for consideration, requesting input from the Commission. Commissioner Turner stressed the need to continue to put out the newsletter. She suggested Charter Commission October 9, 1997 Page 12 reporting by the subcommittee, and keeping the public informed about the Commission's efforts to aid the City Council in accomplishing the wishes and goals of the community. Commissioner Turner also suggested use of the flyer information in the newsletter. Commissioner Dahl suggested an announcement, audio or video, of the same information on cable television prior to the Council meeting. MOTION by Commissioner Turner, seconded by Dunn,that Turner prepare two articles, present them to the Commission for review, and publish them following timely response from Commission members. Motion carried unanimously. Commissioner Turner asked about a Commission Vision/Mission Statement. Commissioner Sullivan suggested that this issue had been decided previously. Chair Montain indicated that it had been discussed, and will be presented for additional thought for discussion at the January, 1998 meeting. Five Year Plan - Chair Montain indicated that he met with Mary Vaske, that the Five Year Plan was adopted and the annual update, as provided in the Plan, is being prepared. He added that the Commission must review the annual update, and monitor the activity as prescribed by the Plan. Commissioner Trehus asked if the Commission could be supplied with a copy of the Five Year Plan. Chair Montain indicated that he would follow up on obtaining the Plan and updates. Commissioner Dunn suggested that if this material is available for the January meeting, it would be helpful to have Ms. Vaske appear to give a presentation. Commissioner Turner added that she would like to write an article. NEW BUSINESS Annual Report- Chair Montain explained that it is his duty to present his annual report for the Commission's approval, pursuant to the Section II of the By-Laws. He stated that during the past year three items dominated discussion: (1)the City's road reconstruction policy (or lack thereof); (2) reinstallment of the Five-Year Plan, as prescribed by the Charter; and (3) communication about the Charter to the general public as well as City Staff and Council. Great progress was made in all three of these areas; but these items should remain as focal points for the Commission during the ensuring year. The Commission is a large appointed group of residents who wants nothing but the best for Lino Lakes. Chair Montain stated that it is at times frustrating watching our political process work, but it does work. He expressed his hope that as individuals and as a group where necessary, the Commission will not be afraid to participate in this process to make Lino Lakes a great place to live and to do business. Commissioner DeMotts explained that the Chair's annual report is placed on file with the City Clerk. Charter Commission October 9, 1997 Page 13 Commissioner Turner suggested that the City Council could benefit from hearing this report, as well as other City groups such as the Planning and Zoning Board. MOTION by Commissioner Turner, seconded by Commissioner Rehbein,that Chair Montain's Charter Commission annual report be offered to the City Council, as well as to other boards and commissions for educational purposes. Commissioner Dunn suggested that the report be put into the form of an official document prior to giving it to the other groups. Commissioner DeMotts suggested that after a copy is given to the City Clerk and to the County, the City Clerk can prepare and distribute the document. Commissioner Turner stated that she would get the report into the newsletter. Motion carried unanimously. OTHER BUSINESS Chair Montain explained that he had received correspondence from Council Member Lyden suggesting that it might be appropriate to amend the wording of Chapter 8.05 of the Charter. Chair Montain informed Council Member Lyden that the current policy is to work within the Charter, and change to this section might be a matter for future discussion. Commissioner Rehbein asked if a copy was provided for all Commission members. Chair Montain indicated that everyone had been provided a copy of this correspondence. Chair Montain pointed out that there are nine openings coming up on the Commission. He explained that individuals have until the end of October to submit applications, and that the judge then has 60 days to make appointments. New members should take their seats as of January 1, 1998. Commissioner Bening stated that according to the By-Laws, each member maintains his position until a successor has been appointed. Chair Montain indicated that members who do not apply will be considered"not interested" in another term. Commissioner DeMotts read the names of those whose terms are ending, as follows: Commissioners Dahl, Lane, Montain, Solfest, Stoulil, Sullivan, Trehus, and Rehbein. Chair Montain announced that election of officers will take place at the January, 1998 meeting. Charter Commission October 9, 1997 Page 14 Commissioner Trehus asked if election to the City Council would create additional openings on the Commission. Chair Montain explained that the Charter's By-Laws allow for membership on more than one governing body, so conceivably a Charter Commissioner could sit on the City Council. SET JANUARY, 1998 AGENDA The following items were suggested for the January agenda: Roll Call Election of Officers Consideration of Minutes Road Reconstruction Five-Year Plan Appearances Charter Language Communications Chair Montain asked for comments from the visitors to the meeting. Mr. McCoy thanked the Commission for allowing him to attend. MOTION by Commissioner Dunn, seconded by Commissioner Trehus, to approve Chair Montain's annual report. Motion carried unanimously. Chair Montain expressed his gratitude to the Commission for the past year's work. Commissioner Dunn thanked Chair Montain for his leadership over the past year. MOTION by Commissioner Bening, seconded by Commissioner Dahl, to adjourn the meeting at 9:30 p.m. Motion carried unanimously. Transcribed by: Judy Pope Timesaver Off Site Secretarial, Inc.