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HomeMy WebLinkAbout04-13-2000 Charter Minutes Charter Commission April 13, 2000 Page 1 CITY OF LINO LAKES CHARTER COMMISSION DATE : April 13,2000 TIME STARTED : 7:00 P.M. TIME ENDED : 10:15 P.M. MEMBERS PRESENT : DeMotts, Dahl,Aldentaler, Trehus, Sullivan, Bening,Zych, Rafferty, Carlson, Zastrow, S. Lane, Christopherson,Kenfield (part), G. Lane MEMBERS ABSENT : Montain and Rehbine STAFF MEMBERS PRESENT : Ry-Chel Gaustad, CMC City Clerk CALL TO ORDER AND ROLL CALL Chair Sullivan called the regular meeting of the Lino Lakes Charter Commission to order at 7:10 p.m. on April 13, 2000. It was noted that all absences were excused except for Commissioner Montain. CHARTER COMMISSION APPOINTMENTS Chair Sullivan distributed a list of Commissioners and term expirations. He explained that one too many Commissioners have been appointed. Chair Sullivan referred to a letter from Judge Meyer regarding the situation. The Judge advised he is very reluctant to arbitrarily exclude one of the seven qualified appointees. He suggested that the seven (7) appointees be asked whether anyone of them would be willing to voluntarily resign their seat on the Commission, or, it may be possible that one of the other nine members may wish to resign. Ms. Gaustad, City Clerk advised she had spoke to the City Attorney regarding this issue. There is a discrepancy as to how the Commission can exclude one of the members. It appears the only way to exclude a member is if a Commissioner has two- (2) unexcused absences. She advised that the Judge has recommended the new Commissioner's be not sworn in until the situation has been resolved. Chair Sullivan asked if there is a stipulation in the by-laws regarding two- (2)unexcused absences. Ms. Gaustad advised there is nothing in the by-laws regarding absences. She stated the City Attorney has recommended the Commission ask for a voluntary resignation. The second option 1 Charter Commission April 13, 2000 Page 2 is to petition the Judge to make a recommendation regarding the Commissioners that have not been sworn in. She explained where the mistake occurred noting it was in 1997. Chair Sullivan asked if any member would like to resign. He advised he did not speak with Mr. Rehbine. Mr. Montain has indicated he is considering resigning because he feels responsible for the situation. Commissioner Kenfield volunteered her resignation. She noted that if anyone resigns in the future she would like to come back to the Charter Commission. Chair Sullivan advised a written resignation must be submitted. Commissioner Trehus asked if another vacancy occurs, can the Commission bypass the reappointment process and appoint Ms. Kenfield. Ms. Gaustad advised it is up to the Commission to fill a mid-term vacancy. It appears, the Charter Commission has always had the Judge make appointments in the past to avoid political conflicts. The City has on file all applications for the Commission vacancies. Chair Sullivan thanked Ms. Kenfield for her support and help. Ms. Kenfield stated the Metropolitan Council is proposing a new bus plan that will eliminate bus services beyond the 95th park and ride. A new plan will be out in the middle of the month. She asked for the Commission's support regarding this issue. ADMINISTER OATH OF OFFICE TO NEW CHARTER COMMISSION MEMBERS The City Clerk administered the oath of office to Mr. Dale Christopherson and Ms. Sharon Lane. Chair Sullivan requested Commissioner Rafferty to confer with the City Clerk to attain an update member list. Commissioner Trehus suggested that Ms. Kenfield get the call if a Commissioner resigns. She could attend the meeting and be voted and sworn in immediately. Chair Sullivan advised he will research the options if another member resigns. He noted that Ms. Kenfield would be the first choice. Commissioner Rafferty asked the new members when they were notified about their appointments. The majority of the new members advised they were called the day of the last meeting. Commissioner Rafferty suggested an official statement be made prior to the first meeting with new members. 2 Charter Commission April 13, 2000 Page 3 MOTION by Commissioner Rafferty to make it the responsibility of the Chair of the Commission to identify new and old appointees. Commissioner DeMotts referred to page 3, section 9, of the by-laws regarding this issue. Chair Sullivan noted the Judge tends to make the appointments public at the last minute. Commissioner Gene Lane noted the Commission has always had a problem with last minute appointments. Commissioner Carlson inquired about Commissioner terms. Chair Sullivan advised he will research the Commissioner terms and put it on the July 2000, agenda. Commissioner Trehus seconded MOTION. Chair Sullivan advised if the Chair is formally designated to inform appointees, it needs to be noted in the by-laws. A resolution needs to be written and presented at the next meeting. A vote will then be taken. Commissioner Trehus advised he would write the resolution. CONSIDERATION OF MINUTES January 13,2000 Commissioner Dahl referred to page 3, paragraph 12, advising the City Clerk asked about specific wording. Commissioner Lane stated she would prefer not be listed as absent from the meeting. Chair Sullivan advised her absence was excused. Commissioner Lane referred to page 6, paragraph 13, asking for clarification of Commissioner Trehus" two nominations for vice-chair. Commissioner Trehus advised he did nominate two (2) members for vice-chair. Commissioner Gene Lane referred to page 4, paragraph 11. He corrected the following statement to read"Commissioner Sullivan asked Commissioners to think about whether they should proceed with a more readable document''. 3 Charter Commission April 13, 2000 Page 4 MOTION by Commissioner Dahl seconded by Commissioner Zastrow, to accept the amended version of the Charter Commission minutes of January 13, 2000. The motion carried with Commissioner Lane abstaining. REPORTS OF THE CHAIR Clerk/Treasurer—Chair Sullivan referred to page 14 of the Charter regarding the Clerk/Treasurer position. A letter from Duke Addicks was distributed to the Commissioners regarding this issue. The letter indicated that if the Charter Commission wishes to change the Charter, he suggests the Commission simply delete the "-Treasurer" in section 6.04 and leave it up to the Council to determine who performs those duties, rather than creating a finance director under the Charter. Mr. Addicks stated the simple procedure would be for the Charter Commission to recommend this change to the Council which would make the change by ordinance, subject to reverse referendum under the provisions of Minnesota Statutes Section 410.12, Subdivision 7. Commissioner Trehus asked if the City currently has a treasurer. Chair Sullivan advised the City currently has a finance director. Having two positions allows for a checks and balances system. Commissioner Carlson inquired about whom would be responsible for signing checks if the two- (2)jobs are split. Chair Sullivan advised it is the Council's decision regarding check signing. He advised he would work with the Council regarding this issue to make the Charter more accurate. Charter Language, Chapter 8—Chair Sullivan advised members received a copy of the first draft. If the Commission decides to continue, answers to questions and the second draft will be distributed at the July 2000, meeting. Chair Sullivan asked for comments regarding this issue. Commissioner Trehus noted the Commission has continued with this issue because there was nothing to lose. Commissioner Lane stated the two issues are making the document more reader friendly and correcting the typos. She stated she is in favor of correcting the typos. Commissioner DeMotts noted that any change to the Charter has to go through the Commission and Council. The other option is to take it to the voters. Commissioner Zych asked what the driving force is behind the change. Commissioner Bening advised the driving force is to make the document more readable. 4 Charter Commission April 13, 2000 Page 5 Commissioner Zych stated things in the first draft bother him and should be included in City ordinances, not in the Charter. Chair Sullivan asked if the Commission would like to continue with the process. MOTION by Commissioner Bening, seconded by Commissioner DeMotts, to continue to work with the League of Cities in developing,through the Commission's questions, an appropriate chapter. Commissioner Carlson asked if the Commission is considering a rewrite and correction of typos. Chair Sullivan advised the Commission is considering a rewrite, formatting, and language change. Some words have been changed in the first draft. The next step is to obtain answers to questions for the second draft. A final recommendation will then be made and the Charter will determine if it should move forward. Commissioner Trehus stated some suggestions made could change the meaning of the document. He stated the first draft is not any more readable than the original. He stated he sees no value in a rewrite. The Charter works well as it is. Commissioner Gene Lane stated he agrees and is not in favor of changing the document. He is not in favor of changing whole sentences. Smaller words such as "the" can be changed. He stated he would vote against continuing the process. Commissioner Rafferty inquired about additional fees if the process continues. Chair Sullivan indicated there will be no more fees. He read a note from the attorney regarding money for services rendered. Commissioner Dahl inquired about the age of the Charter. Commissioner Carlson commented the Charter was written in 1983. Council Member Dahl stated the attorney has advised he can not guarantee that there would not be any meaning change. It is up to the Commission to ensure the meaning in the document does not change. She stated she does not believe the document should be changed. It has stood the test of time and it has been proven to work on several occasions. She stated she believes the Commission is side stepping the residents by working with the City Council. She advised the City Clerk has indicated it is the job of the City Attorney, City Administrator, and the City Clerk to interpret the Charter for residents. The City Clerk also indicated she could put together an easier to read summary of the Charter for residents. Commissioner Dahl stated she has never been in favor of the rewrite. She noted a lot of time and effort was put into writing the original document. 5 Charter Commission April 13, 2000 Page 6 Chair Sullivan stated it was very difficult the last time the Commission tried to get an amendment to the Charter passed because residents did not understand the language. Commissioner Bening noted the Commission is not trying to by pass voters. The Commission has not yet determined which option to pursue if the document is rewritten. Commissioner Trehus stated a discussion was held regarding working with the City Council to change the Charter. Commissioner Lane added the Charter is in better shape than Chapter 429. She indicated she is in favor of changing the typos. Chair Sullivan clarified that a yes vote is in favor of continuing the process and submitting a second draft at the July 2000, meeting. Commissioner Bening withdrew the motion. Commissioner DeMotts withdrew the second. MOTION by Commissioner Trehus, seconded by Commissioner Lane,to drop the Charter redraft project of Chapter 8. Chair Sullivan noted he would include all works done in the Commission's files. MOTION carried with Commissioner Zastrow, Commissioner Bening, and Commissioner DeMotts voting no. Commissioner Aldentaler abstained. Five-year Plan—Chair Sullivan advised he previously indicated he would review the Five - Year Plan submitted by the City Administrator. No work has been done regarding this issue. MOTION by Chair Sullivan, seconded by Commissioner Zastrow, to table the Five - Year Plan to the October, 2000, Charter Commission meeting. Commissioner Dahl noted the Plan might be outdated by the time the Commission reviews it. MOTION carried unanimously. October 1999 Annual Report—Chair Sullivan advised the by-laws indicate an annual report must be given each October. He advised Commissioner Montain was prepared to give the report this evening but he is not present. Chair Sullivan requested Commissioner Rafferty obtains a copy of the report, after the report is received, and forward it to the Commission's files, the City Clerk, and the Judge. 6 Charter Commission April 13, 2000 Page 7 New Chair Recommendations - Chair Sullivan advised the annual report might include his recommendations. He advised his recommendations be as follows: 1. The Commission is more respectful to the minute taker. 2. The Commission takes a vote on continuing TimeSaver services. This item will be on the July 2000, agenda. 3. The Commission is sure that items on the agenda and discussed are in the Charter and by laws. 4. The Commission put things to a vote that are hanging on within the agenda. REPORT OF COMMITTEES Ward System—Commissioner Bening advised no work has been done on the Ward System since the last meeting. The committee did not elect a chairperson. MOTION by Commissioner Bening, seconded by Commissioner Gene Lane, to dissolve the Ward System committee and the work of the committee. Motion carried unanimously. Commissioner Dahl distributed information from the City Clerk regarding a Ward System vs. At Large System. UNFINISHED BUSINESS Road Reconstruction —Chair Sullivan advised the City Engineer previously asked the Commission for a recommendation relating to a single project vs. multiple projects on a ballot. The Commission recommended the City put two (2)years worth of road reconstruction projects on each two- (2)year City elections. Chair Sullivan advised the City Engineer will discuss the recommendation with the City Council. He noted the City Engineer has advised there is still time to put a project on this year's election. Chair Sullivan discussed an article written by Mayor Bergeson. He stated he called Mayor Bergeson about a comment that was made. Chair Sullivan commented the article is regarding road maintenance and tax dollars. Chair Sullivan advised the Council is working on a fund for road reconstruction. He clarified that the City can fix roads through the Charter. If a fund it established, it may not be considered tax dollars. Commissioner Carlson stated the Commission must determine if the Council is acting appropriately regarding the development of a road reconstruction fund. 7 Charter Commission April 13, 2000 Page 8 Chair Sullivan advised he asked Mayor Bergeson if dollars are currently going into the fund. He advised the Commission he would report back when more information is received. New Resident Welcome Letter—Chair Sullivan advised previous Commissioner Turner had developed a welcome letter to include in the welcome packet. He noted she has given him the disk for future use and added the old letter needs some work. He suggested a committee be formed to make recommendations regarding the letters content at the next meeting. Chair Sullivan distributed a copy of the Charter summary. He asked the Commission to consider adding the summary to the welcome packet also. Commissioner Lane, Commissioner Gene Lane, and Commissioner Carlson volunteered for the committee. MOTION by Chair Sullivan, seconded by Commissioner Dahl, to create a committee to work on the City Charter Commission's welcome letter to be presented at the July, 2000, meeting. Commissioner Bening advised the committee must elect a chair. MOTION carried unanimously. Commission Files—Chair Sullivan referred to the by-laws regarding the Commission's files. He stated that currently the files are at the old City Hall and are not secured. Chair Sullivan requested Commissioner DeMotts and Commissioner Rafferty work with the City Clerk on moving the files to the new City Hall. Commissioner Lane suggested a fireproof filing cabinet be purchased for the files. An update will be given at the July 2000, meeting. Joint Council/Charter Meeting—Chair Sullivan advised a joint meeting has not yet been scheduled. He stated he left a message for Mayor Bergeson regarding possible agenda items for the meeting. He asked the members about their ideas for agenda items. Commissioner Trehus suggested road reconstruction be placed on the agenda. Commissioner Carlson suggested the special fund and the clerk/treasurer position be placed on the agenda. Chair Sullivan requested a review of the five-year Plan is placed on the agenda. Chair Sullivan advised he will schedule a joint meeting with the Council. 8 Charter Commission April 13, 2000 Page 9 Chapter 8 Final Payment—MOTION by Commissioner Trehus, seconded by Commissioner Christopherson, to make the last payment for services rendered regarding Chapter 8. Motion carried unanimously. NEW BUSINESS Review City Council Meeting Minutes for Charter Compliance—Chair Sullivan advised the Commission used to receive the Council meeting minutes. He suggested the Commission scan the minutes for Council compliance of the Charter. It was the consensus of the Commission to scan the Council meeting minutes for Council compliance of the Charter. Charter Budget—Chair Sullivan advised a copy of the Charter Budget was included in the packets. The by-laws indicate the Commission cannot spend over$1500 per year. Chair Sullivan advised he will review the Commission's expenses with the new budget person. An update will be given at the July 2000, meeting. Special Elections—Commissioner DeMotts advised there is a provision in the Charter regarding special elections and filling vacant Council seats. He referred to page 10, Chapter 4 of the Charter and read the provision. He noted that if this provision had been in place, a special election would not have been held. Chair Sullivan added that if the process had been in place, J.P. Houchins would have been elected to the City Council. Commissioner Bening suggested the Commission leave the process as is. He stated it is not very often that a current Council Member runs for the office of Mayor. Chair Sullivan suggested Commissioner DeMotts obtains figures on the cost of a special election. This item will be placed on the agenda for the July 2000, meeting. Set July 2000 Agenda—Chair Sullivan advised the following items will appear on the July, 2000, meeting agenda: Clerk/Treasurer five-year Plan Annual Report Welcome Letter Commission Files Joint Council/Charter Meeting Review Council Minutes Charter Budget Special Elections Research Commissioner Terms Commissioner Bening requested Commissioners receive their packets earlier. 9 Charter Commission April 13, 2000 Page 10 Chair Sullivan advised he would speak to the City Clerk about receiving packets two (2) weekends before the meeting. ADJOURN MOTION by Commissioner Bening, seconded by Commissioner Christopherson,to adjourn the meeting at 10:00 p.m. Motion carried unanimously. Respectfully submitted, Kim Points Timesaver Off Site Secretarial, Inc. 10