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HomeMy WebLinkAbout01-12-2006 Charter Minutes Charter Commission January 12, 2006 APPROVED V' Page 1 1 2 CITY OF LINO LAKES 3 CHARTER COMMISSION 4 5 6 DATE : January 12,2006 7 TIME STARTED : 6:35 P.M. 8 TIME ENDED : 9:45 P.M. 9 MEMBERS PRESENT : Dahl,Aldentaler, Trehus,Handrick,Vacha,Bening, 10 Duffy,Bor,Richard Williams,Rosemary Williams, 11 Storberg,Warren,Montain and Carlson 12 MEMBERS EXCUSED : Zastrow 13 MEMBERS UNEXCUSED : None 14 STAFF MEMBERS PRESENT : City Clerk,Julianne Bartell (part) 15 16 17 SWEAR IN COMMISSIONERS 18 19 City Clerk Bartell swore in Charter Commissioner's Aldentaler, Bening, Dahl,Montain, Trehus, 20 Vacha and Rosemary Williams. 21 22 CALL TO ORDER AND ROLL CALL 23 24 Chair Trehus called the regular meeting of the Lino Lakes Charter Commission to order at 6:35 25 p.m. on January 12,2006. 26 27 APPROVAL OF AGENDA 28 29 Chair Trehus added item 413, Communication with New City Clerk and item 7E, Review of City 30 Council Minutes. 31 32 OPEN MIKE 33 34 No one was present for open mike. 35 36 COMMUNICATION WITH NEW CITY CLERK 37 38 City Clerk Bartell advised there is a list of Commissioners on the back table. She asked if 39 everyone would update his or her contact information. She advised there is also a calendar with 40 tentative meeting dates in Commissioner's packets. If the Commission would like to approve the 41 schedule the City can advertise all of the meetings at one time to save in advertising costs. 42 43 City Clerk Bartell referred to a letter from Public Services Director DeGardner indicating the 44 Charter Commission file cabinet is now in the Community Room closet. 1 Charter Commission January 12, 2006 APPROVED Page 2 45 46 Chair Trehus stated the Charter Commission used to get City Council minutes in their packets. 47 Most of the Commission now gets them through the website. However,the minutes on the 48 website are not up to date. 49 50 City Clerk Bartell stated the month of December 2005 are the only minutes that have not been 51 posted due to the accelerated Council calendar in December. When those minutes are approved, 52 they will be posted. City Clerk Bartell noted which Commissioner's would still like hard copies 53 of the Council meeting minutes. 54 55 Commissioner Dahl requested a list of the updated contact information for Commissioner's. 56 57 Chair Trehus stated Commissioner's also need a copy of the approved Charter Commission 58 minutes for previous meetings in the subsequent meeting packet. 59 60 MOTION by Commissioner Vacha, second by Commissioner Dahl,to approve the proposed 61 meeting schedule and advertise all of the meetings at one time. 62 63 Commissioner Duffy noted last year the July meeting was rescheduled. City Clerk Bartell 64 advised meetings could be changed and posted even after they are advertised. 65 66 Commissioner Montain expressed concern regarding the meetings not being published 67 throughout the year. He stated the meetings and City Charter get more exposure if they are 68 advertised throughout the year. 69 70 MOTION carried with Commissioner's Bening, Bor,Montain,Aldentaler and Trehus voting no. 71 72 The Commissioner determined the meetings for 2006 would be advertised at this time as 73 proposed. The meetings may be changed due to availability of the Commissioner's. 74 75 Chair Trehus stated the new file cabinet in the Community Room is not acceptable. The 76 Commission purchased their own file cabinet and would like it back. The location of the file 77 cabinet is not acceptable either. 78 79 MOTION by Commissioner Montain, second by Commissioner Warren,to direct the Chair to 80 have communication with the City about putting the Charter records back in the Commission's 81 file cabinet and have it located in a secure place. Motion carried unanimously. 82 83 APPROVAL OF MINUTES 84 85 April 14,2005—MOTION by Commissioner Duffy, seconded by Commissioner Handrick,to 86 approve the April 14, 2005, Charter Commission meeting minutes. Motion carried with 87 Commissioner's Montain and Bening abstaining. 88 2 Charter Commission January 12, 2006 APPROVED Page 3 89 August 4,2005—Commissioner Bening noted he was present at the August 4, 2005 meeting and 90 would like his name added. 91 92 MOTION by Commissioner Duffy, seconded by Commissioner Bening to approve the August 4, 93 2005, Charter Commissioner meeting minutes, as amended. Motion carried with 94 Commissioner's Warren and Montain abstaining. 95 96 October 13,2005—Commissioner Storberg stated the minutes are very short for a 3-%hour 97 meeting. 98 99 Commissioner Bening referred to page 4, line 151 and corrected the sentence to read "and the 100 statute sets a uniform standard throughout the state regarding this issue." 101 102 Commissioner Bor referred to page 2; line 55 and stated Councilmember Reinert did not provide 103 a historical background regarding road reconstruction. She stated that sentence does not reflect 104 what was discussed and is not true. She suggested the sentence read, "Councilmember Reinert 105 provided a historical background regarding the City's Charter noting why the Home Rule Charter 106 was established." 107 108 Commissioner Storberg stated she believes there is too much missing from the meeting minutes. 109 She suggested the minutes be redone. 110 111 MOTION by Commissioner Storberg, seconded by Commissioner Carlson,to send the minutes 112 back and have them redone. 113 114 Commissioner Carlson amended the motion to include that the minutes should be investigated to 115 determine where the rest of them are. He suggested the minutes be tabled for now. 116 117 Commissioner Montain stated there is nothing wrong with the minutes and very little was 118 accomplished at that meeting. He suggested the minutes be approved with the corrections noted. 119 120 Motion failed. 121 122 MOTION by Commissioner Montain, seconded by Commissioner Bening,to approve the 123 October 13, 2005, Charter Commission meeting minutes, as amended. Motion carried with 124 Commissioners Storberg,Handrick and Carlson voting no. 125 126 REPORTS OF THE CHAIR 127 128 Improvement Projects: West Shadow Lake Dr. and Shenandoah.2005—Chair Trehus 129 referred to the two road reconstruction projects. He stated West Shadow Lake Drive did not pass 130 and Shenandoah was petitioned against. He noted there were many signs in the neighborhoods 131 for and against the projects. The vote on the actual referendum was a mixed vote. He stated he 3 Charter Commission January 12, 2006 APPROVED Page 4 132 believes this is going to come up as a debate. He referred to an article in the City newsletter 133 indicating the Charter is to blame for the failed referendum. 134 135 Commissioner Bor stated she would like to understand why those particular projects were on the 136 referendum as opposed to other streets within the City. 137 138 Commissioner Montain stated the bigger question is whose failure was it,the City,Council, 139 Charter,residents, etc. The City needs to find a better way to market the program. 140 141 Commissioner Warren stated bundling roads by classification would be more reflective of the 142 state of the roads and perhaps have a better chance of passing. She stated the challenge is to find 143 a way to make the process work without changing the Charter and educating residents about the 144 Charter. Residents should not blame the Charter when a project fails. Find a smoother process 145 should be a priority for the Commission. 146 147 Improvement Proiect Activity in Other Neighborhoods,2005—Chair Trehus distributed 148 information regarding petitions for road improvements on Lois Lane,Marilyn Drive/Country 149 Lane and Lakeview Drive. He advised the City has started surveying residents after receiving a 150 petition allowing residents to be aware of approximate costs before moving forward with a 151 feasibility study. 152 153 Commissioner Duffy stated it makes sense to survey people before the City orders a feasibility 154 study and has to carry those costs. She suggested the possibility of amending the Charter to 155 include surveys in the process. She also stated the Charter Commission should be notified about 156 these petitions. 157 158 Chair Trehus stated he believes the petitions should be forwarded to the Charter Commission. 159 160 Commissioner Montain stated the only issue of the Commission is whether or not the Charter is 161 being followed. 162 163 Chair Trehus stated the Commission is also here to make sure the Charter is good for the City 164 and if it is working. The Commission needs these kinds of details to determine that. 165 166 OLD BUSINESS 167 168 Road Reconstruction—Chair Trehus introduced the Road Reconstruction issue and stated it is 169 tied into the Charter. 170 171 Commissioner Montain noted there are two ways to change the Charter if it is not working in 172 terms of road projects. 173 174 Commissioner Bor suggested City Administrator Heitke attend a meeting and discuss how 175 administrations views the role of the Charter Commission. 4 Charter Commission January 12, 2006 APPROVED Page 5 176 177 Commissioner Warren stated the Commission should look at the Charter itself and make sure 178 every Commissioner fully understands the Charter. Then the Commission can determine if there 179 should be possible amendments. 180 181 Chair Trehus stated the Commission needs to make sure it preserves the public component 182 within the City process. Maybe if the City had a better road reconstruction process,the projects 183 would have been successful. The City could implement a better process with a new policy or a 184 Charter amendment. 185 186 Commissioner Vacha suggested the Commission develop a flyer to send to residents to increase 187 Charter awareness and understanding. 188 189 The Commissioner directed Commissioner Dahl to confer with City staff regarding new residents 190 still receiving a welcome packet and letter referring to the City's Charter. 191 192 Chair Trehus stated he would like to get back to road reconstruction and have a discussion on 193 whether or not there is going to be a Charter amendment this year to change the road 194 reconstruction process. 195 196 MOTION by Commissioner Montain, seconded by Commissioner Richard Williams,to not 197 change the Charter tonight. 198 199 Chair Trehus stated he believes the Commission should do its own work, separate of the City,to 200 investigate ways to make the City process better. That work may or may not result in a proposed 201 Charter amendment. He made suggestions such as a petition form, City surveys, and a new 202 policy put in place and enhancement of neighborhood meetings. 203 204 Commissioner Bor called the question. 205 206 Motion passed with Commissioner's Duffy and Trehus voting no. 207 208 Commissioner Montain stated he is open to Chair Trehus' suggestions for a better process. He 209 asked that Chair Trehus write those ideas down and this issue be placed on the agenda for 210 discussion at the next meeting. 211 212 Commissioner Storberg added she would also like her questions of City staff regarding the City 213 process be answered and included in that discussion. 214 215 Commissioner Bening suggested forming a subcommittee to address this issue. 216 217 Commissioner Carlson stated the whole Commission should be involved in the process. 218 5 Charter Commission January 12, 2006 APPROVED Page 6 219 Five-Year Plan —Commissioner Montain stated he is glad there is Five-Year Plan in place but is 220 not happy with the lack of detail regarding road reconstruction. The whole purpose of the Plan is 221 to map out projects for the next five years. There is no plan for road reconstruction 222 223 Commissioner Duffy pointed out the line items within the Plan that relate to road reconstruction. 224 225 Commissioner Montain stated he had overlooked those items and that is exactly the detail he was 226 looking for. 227 228 Commissioner Duffy stated she has questions about some of the assumptions made within the 229 Plan such as the inflation rate. She indicated those assumptions should also be included in the 230 Plan. 231 232 Commissioner Dahl advised Finance Director Rolek as indicated Commissioner's that have any 233 questions about the Five-Year Plan could contact him directly. 234 235 Commissioner Montain excused himself from the meeting at 9:00 p.m. 236 237 Eminent Domain—Commissioner Dahl distributed information on eminent domain. She 238 indicated she and Commissioner Bening attended a meeting regarding this issue. 239 240 Commissioner Bening stated they attended a state legislature hearing. The purpose of the hearing 241 was to get input on the proposed changes to the state statutes in regarding to eminent domain. 242 The changes would prevent people from losing their property. He noted the proposed changes 243 are in a draft form and would probably be revised based on input from that hearing. 244 245 Annual Charter Commission Budget/Expenses—Chair Trehus advised there was a handout in 246 the packets outlining the Commission's budget for 2005 and 2006. State statute says the 247 Commission can spend$1,500 for fees relative to amending the Charter. The Commission can 248 also request more money from the Council. He noted he is not sure if the Commission can use 249 their own attorney or if legal questions have to be addressed by the City Attorney. 250 251 Commissioner Warren suggested the Commission discuss with the Council what type of budget 252 the Commission believes it needs. 253 254 Chair Trehus stated that request would be made through the budget process. 255 256 Chair Trehus suggested the Commission move on the Election of Officers noting the changes 257 would take place at the next meeting. 258 259 Election of Officers—Commissioner Warren nominated Chair Trehus for Chair of the 260 Commission, seconded by Commissioner Vacha. Chair Trehus declined the nomination stating 261 he would like someone else have the opportunity to Chair. 262 6 Charter Commission January 12, 2006 APPROVED Page 7 263 Commissioner Carlson nominated Commissioner Warren for Chair of the Commission, seconded 264 by Commissioner Vacha. Commissioner Warren suggested someone with more experience 265 should Chair the Commission. 266 267 The Commission voted and Commissioner Warren was elected Chair of the Charter 268 Commission. 269 270 Vice-Chair Carlson indicated he would decline a nomination to Vice-Chair the Commission. 271 272 Commissioner Handrick nominated Commissioner Duffy for Vice-Chair of the Commission, 273 seconded by Commissioner Carlson. 274 275 The Commission voted and Commissioner Duffy was elected Vice-Chair of the Charter 276 Commission. 277 278 Commissioner Vacha nominated Commissioner Dahl for Secretary of the Commission, seconded 279 by Commissioner Carlson. 280 281 The Commission voted and Commissioner Dahl was elected Secretary of the Charter 282 Commission. 283 284 Chair Trehus stated he would entertain a motion to move to the Annual Reports and table the rest 285 of the agenda. 286 287 MOTION by Commissioner Dahl, seconded by Commissioner Handrick, to move to the Annual 288 Reports and table the rest of the agenda to the April 2006 meeting. Motion carried unanimously. 289 290 Charter Review of City Council Minutes—This item was tabled to the April 2006 meeting. 291 292 NEW BUSINESS 293 294 Kennedy and Graven Charter Review: YMCA and Lei!acy-This item was tabled to the 295 April 2006 meeting. 296 297 Citizen Petition regarding Council Members on the Charter Commission—This item was 298 tabled to the April 2006 meeting. 299 300 Discussion of Term Limits of Commissioners in By-laws ,Commissioner BeningLThis item 301 was tabled to the April 2006 meeting. 302 303 Discussion of the Definition of the Commission's Role(Commissioner Bening)—This item 304 was tabled to the April 2006 meeting. 305 7 Charter Commission January 12, 2006 APPROVED Page 8 306 Approval of Annual Charter Commission Reports—Chair Trehus advised the 2004 and 2005 307 Annual Reports were included in the packets. 308 309 MOTION by Commissioner Bening, seconded by Commissioner Duffy,to approve the 2004 310 Annual Report, as presented. Motion carried unanimously. 311 312 Chair Trehus advised the Annual Reports of the Charter Commission are forwarded to the 313 District Judge. 314 315 Commissioner Bening referred to the 2005 Annual Report and the paragraph regarding road 316 reconstruction. He asked that the last statement be stricken. 317 318 Commissioner Warren suggested the sentence before that statement be amended to read, "This 319 project went to a referendum and was rejected by the voters by a 5-3 margin." 320 321 Commissioner Handrick excused herself from the meeting at 9:40 p.m. 322 323 MOTION by Commissioner Bening, seconded by Commissioner Warren,to approve the 2005 324 Annual Charter Commission Report as amended. Motion carried unanimously. 325 326 Set April 2006 Meeting Agenda—Chair Trehus set the following agenda for the April 2006 327 Charter Commission Meeting: 328 329 1. Call to Order and Roll Call 330 2. Approval of Agenda 331 3. Open Microphone 332 4. Approval of Minutes 333 A. January 12,2006 334 335 5. Old Business 336 A. Road Reconstruction 337 B. Five-Year Plan 338 C. Eminent Domain 339 D. Review of City Council Minutes 340 341 6. New Business 342 A. Kennedy and Graven Charter Reviews: YMCA and Legacy 343 B. Citizen Petition regarding Council Members on the Charter Commission 344 C. Discussion of Term Limits of Commissioner's in By-laws (Commissioner 345 Bening) 346 D. Discussion of the Definition of the Commission's Role(Commissioner 347 Bening) 348 E. Set Agenda for July 2006 Meeting 349 8 Charter Commission January 12, 2006 APPROVED Page 9 350 7. Adjourn 351 352 ADJOURN 353 354 MOTION by Commissioner Vacha, seconded by Commissioner Bening,to adjourn the meeting 355 at 9:45 p.m. Motion carried unanimously. 356 357 358 Respectfully Submitted, 359 360 Kim Points 361 TimeSaver Off Site Secretarial, Inc. 362 9