HomeMy WebLinkAbout01-09-1997 Charter Minutes Charter Commission
.January 9, 1997
Page 1
LINO LAKES CHARTER COMMISSION
MINUTES OF SPECIAL MEETING
DATE : January 9, 1997
TIME STARTED : 7:10 p.m.
TIME ENDED : 9:50 P.M.
MEMBERS PRESENT : Bening, Bernier, Corson, Dahl, DeMotts,
Lane, Montain, Rehbine, Scharpen,
Stouvili, Trehus
MEMBERS ABSENT : Dunn, Solfest, Tumor(Excused)
I. CALL TO ORDER AND ROLL CALL:
Chair Montain called the regular meeting of the Lino Lakes Charter Commission
to order on January 9, 1997, at 7:10 p.m.
Chair Montain welcomed Tim Rehbine to his first regularly scheduled Charter
meeting. Rehbine is completing Rich LaMond`s term. He noted that any
member who cannot attend the meeting should call him for an excused absence.
Two unexcused absences violates the bylaws and would result in expulsion from
the Commission.
Chair Montain noted that half of the Charter Commission membership turns over
every two years. He encouraged those whose terms will expire at the end of the
year to consider applying for reappointment.
Il. CONSIDERATION OF MINUTES
October 10, 1996
MOTION by Lane, seconded by Bernier to accept the Charter Commission
minutes of October 10, 1996. The motion carried, 10 to 0 with Bening and
Rehbine abstaining.
December 3, 1996
The following corrections were made:
Page 1: List John Sullivan as present;
Charter Commission
January 9, 1997
Page 2
Page 1: The minutes should reflect that the following materials were
distributed to members and are on file with the Charter
Commission: 1) a summary report of a study conducted by an
outside attomey regarding sexual harassment; 2) a copy of the
invoice for that study; 3) a copy of the City Attorney's contract with
the City.
Page 2- The date in the first paragraph should be 1997,
MOTION by Sullivan, seconded by Scharpen to accept the minutes as written for
content with the above corrections, noting that identification of the speakers may
not be entirely correct. The motion carried unanimously.
It was the consensus of the Commission for the minutes to be continued in the
present format.
Dahl asked if members could receive the minutes prior to the Friday before a
meeting.
Chair Montain explained that the minutes are included as part of the meeting
packet which is assembled by Marilyn (a City employee) the week before a
meeting. The packets are distributed by the police to save postage. if members
would like a copy of the minutes earlier, he suggested they contact Al DeMott.
Ill. APPEARANCES
A. Economic Development - Brian Wessel
Chair Montain stated that Mr. Wessel is involved at the public hearing being held
at this time in the Council Chambers on the town center and is unable to be
present.
B. City Survey - Bill Morris
Chair Montain explained that Mr. Morris had an unavoidable schedule conflict
and could not be present.
Scharpen asked if an explanation of the survey is necessary, as all members
received a copy of it_
Chair Montain stated that Mr. Morris is able to break down the information and
identify Charter issues which could be discussed.
Charter Commission
January 9, 1997
Page 3
Commissioner Turner arrived at 7:50 p.m.
Trehus asked if Mr. Morris would be able to tell the Commission the questions
asked on the survey and how many responses there were to each question.
Turner stated that there were complaints about how the interviews were
conducted because they were not consistent. The interviewers were under 20
years of age_ She herself questions the accuracy of the information, and road
conditions were not included.
Chair Montain stated that the original survey was started by the Park Board with
regard to a sports complex. The survey then became bigger than the Park
Board issue. The Charter Commission will include road construction in its
meeting with Mr. Moms, which could be done at a special meeting, or he could
be invited to the regular April meeting.
IV. REPORTS AND OLD BUSINESS
A. Follow Up December 3, 1996 Special Charter Commission Meeting
Chair Montain stated that the purpose of the special meeting on December 3,
1996, was to inform Charter members as a group about the independent study
regarding alleged sexual harassment and discuss the Council's question
regarding payment of the invoice.
Sullivan asked if the invoice will be paid.
Chair Montain responded that to the best of his knowledge, the invoice will be
paid_
Turner asked if information on the issue has been released to the public. She
expressed concern about newspaper publicity and a possible lawsuit against the
City.
DeMott stated that the City Attorney is considering how the information can be
released.
Lane asked the Chair if the Charter Commission's discussion was reported to
the City Council.
Charter Commission
January 9, 1997
Page 4
Chair Montain stated that he summarized the consensus of the Commission to
the Council that the matter of the invoice is not a Charter issue. He also
recommended amending the City's contract with the City Attorney.
Sullivan stated that Chair Montain spoke well for the Charter Commission. Dunn
also spoke, but it was unclear whether he was speaking for the Charter
Commission or voicing his own opinion.
Chair Montain cautioned members to clarify when they are voicing their personal
opinion because their statements may easily be interpreted to mean that they
are speaking for the Commission.
Corson stated that at the last meeting speck portions of the Charter were
referred to a number of times and the Charter's overview role with the City.
However, it was never clear whether the Charter had the right to call a special
meeting on the issue because the City Council clearly has funding oversight. He
agreed the issue was important but felt the Charter Commission's right to call a
special meeting should be clarified.
Chair Montain stated that if a concern is brought to the Charter Commission, a
special meeting can be called to consider that item. He agreed that the
procedure to call a special meeting is not clear in the Charter Commission
bylaws and should be changed_
Corson requested that the Commission review the bylaws to clarify the
procedure on calling a special meeting.
Chair Montain noted that in the first paragraph on page 4 of the new Septic
System Procedures reference is made to recent amendments by the Charter
Commission. There were no Charter amendments, and that statement is a
miscommunication from City Hall.
Turner recommended the Commission request the City to retract the statement_
Commissioner Dunn arrived at 9:10 p.m.
B. Road Construction
Chair Montain reported that City Engineer Ahrens has completed a rough draft of
a road construction policy and schedule that will be presented to the City
Council_ Copies will be sent to the Charter Commission. Mr. Ahrens, working
with the City's consultant, has rated City streets, grouped them geographically,
Charter Commission
January 9, 1997
Page 5
and prioritized them for reconstruction work. It is his understanding that the
Council will want to move ahead with the recommendations of the report and will
want to meet with the Charter Commission later in January or February. Mayor
Landers would like to have a special election on road issues in July 1997.
Dunn stated that he does not know when the final report will be completed but
would support a joint meeting with the City Council to discuss road issues.
Sullivan noted that the City paid a consultant $11,000. It was his understanding
that Mr. Ahrens had indicated he could do the study himself. He does not want it
to be perceived that the Charter Commission authorized $11,000 for a
consultant_
Dunn added that hiring a consultant was proposed to the Council as any other
proposal. The Council reviewed the request and approved it. The majority of
the work is subcontracted because the City does not have the technical staff to
do an in-depth study.
MOTION by Trehus, seconded by Corson to direct Chair Montain to procure the
road reconstruction study documents as soon as possible and have them
distributed to Charter Commission members. The motion passed unanimously_
MOTION by Rehbine, seconded by Scharpen to schedule a joint meeting with
the City Council in February at the Council's convenience to discuss the road
reconstruction study. The motion passed unanimously.
Chair Montain asked if Mr. Morris should be invited to the joint meeting with the
City Council or to the next quarterly meeting.
Dunn stated that the intent of meeting with Mr_ Morris is to address specific
Charter issues. The data base of the survey can be searched for specific
information relating to the Charter and the respondents.
Rehbine stated that he does not believe it is necessary to meet with Mr. Morris.
After reviewing the survey material, he will call Mr. Morris if he has questions.
Trehus asked if there is a cost for Mr. Morris to meet with the Commission_
Dunn stated that he does not believe the expense would be large.
Charter Commission
January 9, 1997
Page 6
MOTION by Turner, seconded by Bening to invite Mr. Moms to the next
quarterly Charter Commission meeting, April 10, 1997, and separate the meeting
with Mr. Morris from the joint meeting with the City Council.
Discussion_
Sullivan asked what information the Commission can expect to receive from Mr.
Morris.
Dunn explained that Mr. Morris would analyze the data to present information on
the respondents and identify problem areas and solutions as part of an
education process for the community. He volunteered to work with Mr. Morris
and see that the data (including the questions asked) be distributed to Charter
members no later than six weeks before the April meeting. If any member has a
question, helshe can call Dunn who will ask Mr. Moms to address the question
in his presentation of the survey analysis.
The motion carried with 13 Ayes, 1 Nay (Rehbine).
Sullivan suggested setting a maximum charge for the meeting with Mr. Morris at
$100, but his first choice would be for the City to absorb the cost.
Dunn stated that the Assistant City Administrator has indicated that the cost
could be covered, and he will follow up on it.
MOTION by Trehus to set a limit of$1,500 for consultation with Mr. Morris on the
community survey.
Discussion:
Turner suggested that the Commission set a lower cap for a portion of the cost
and request that the City pay the remainder.
There was no second and the motion did not carry.
MOTION by Trehus that any financial obligations incurred by the Charter
Commission for consultation with Mr. Morris be left to the best judgment of the
Chair and Vice Chair.
Discussion:
Chair Montain stated that he would prefer to set a dollar amount.
Charter Commission
January 9, 1997
Page 7
There was no second and the motion did not carry.
MOTION by Trehus to set a cost limit of$750 for a consultation meeting with Mr.
Moms on the community survey_
Corson offered an amendment to the motion for a limit of$400.
Discussion:
Dahl stated that the cost could be included as part of the City's contract with Mr_
Morris. She expressed concern that an invoice will be received in the name of
the Charter Commission, and she would like to be sure that there is a cap placed
on the amount of that invoice.
Bernier asked why Mr. Morris would be paid for coming to the Commission
meeting_
Turner responded that additional analyses are being requested as part of his
presentation.
Trehus accepted Corson's amendment.
The motion carried, 13 Ayes, 1 Nay (Rehbine).
C. Five-Year Financial Plan
Chair Montain reported that he discussed the fact that a Five-Year Financial
Plan for the City is not in place with the City Administrator before the first of the
year_ He was told that it would be included with the budget Bening talked to
City officials six months ago in June. The only Five-Year Financial Plan that has
been developed was from 1990 to 1994. The Charter is specific about a Five-
Year Financial Plan being put in place. He has been led to believe several times
that it would be done, but it is not done.
MOTION by Sullivan, seconded by Rehbine to accept the City's Five-Year Plan
at the April quarterly Charter Commission meeting.
Discussion.
Bening asked what happens if the Charter Commission makes a time
commitment to have a Five-Year Plan in place by April and it is not done.
Charter Commission
January 9, 1997
Page 8
Chair Montain stated he does not know how much more time can be given_
Turner recommended that this issue be added to the agenda for the joint
meeting with the City Council in February_
Dunn stated that the Charter Commission should go on record and write to the
City Council noting that the City is delinquent on establishing a Five-Year
Financial Plan, and that the Charter Commission would like a progress report at
the joint meeting in February with a commitment to present the Plan to the
Commission at the April quarterly meeting.
Turner stated that a letter will not have as much impact as the full Commission
confronting the Council to let them know that the Commission will hold them
accountable for the Plan_ She would prefer to see the Commission as a whole
express its concern on this issue.
Chair Montain stated that he also prefers to discuss the issue face to face but
would prefer to bring it up at a Council workshop.
Trehus stated that if a letter is sent ahead of time requesting the Council to
address the issue of the lack of a Five-Year Financial Plan, then they will be
prepared to discuss it.
Corson called the question.
The motion carried with 8 Ayes and 5 Nays (Bernier, Dahl, Lane, Stouveli and
Trehus)_
MOTION by Turner, seconded by Rehbine to include the Five-Year Financial
Plan discussion on the agenda for the joint meeting with the City Council in
February, and that the Council be notified in writing of the addition to the agenda
before that meeting.
Discussion:
Turner explained that the Council needs to know that the Charter Commission
has discussed the matter and expects the Five-Year Financial Plan to be
completed by April 10, 1997. s
The motion carried unanimously.
Charter CommiWon
January 9, 1997
Page 9
It was the consensus of the Commission to have Chair Montain send the letter to
the City Council.
D. Time Line
Chair Montain stated that he has started to draw up a time line to clarify the
schedule of business matters of the Commission for members. It is not yet
completed, but he will continue to work on the document and present it at the
April meeting.
E. Community Education -City Charter
Chair Montain stated that he would like to see the Commission put articles in the
newsletter and write letters to the editor to inform citizens about the purpose of
the Charter. He noted that the survey indicates that the newspaper and Quad
are widely read and well received. Those would be good means of
communication. He would also like to see a newspaper article at the same time
the newsletter comes out for as much publicity as possible.
Tumer stated that even if an article does not appear until summer, it is an
important priority and she volunteered to work on an article. She would like the
Commission to coin a phrase to be used over and over that would catch on as a
marketing tool. She noted that Charter members are also volunteers, and she
suggested that Commission members be recognized as part of the awards
ceremony for board volunteers at the end of the year. The Commission could
also have its own event at the same time.
Dahl suggested a regular item in the newspaper to announce Charter meetings.
The Charter meeting could also be announced during the Open Mike portion of
the Council meeting.
MOTION by Turner, seconded by Dunn that any Charter Commission member
attending a City Council meeting will announce the next Charter meeting during
the Open Mike portion of the meeting and invite those interested to attend.
Discussion'
Chair Montain stated that people generally do not participate unless there is a
tax issue. When there were Charter public hearings in the past, people tended
to second guess the situation and did not pay attention because the decision did
not affect them personally.
Charter Commission
January 9, 1997
Page 10
Corson noted that residents recognize the Economic Development Board (EDB)
because that group has made a real effort to communicate, and those issues are
not necessarily related to taxes_
The motion carried with 9 Ayes and 4 Nays (Scharpen, Corson, Sullivan,
Bening).
Corson stated that the reason he opposed the motion is that there may be
meetings when it would be uncomfortable to make the announcement. It should
be done on a voluntary basis without defining what should be said.
It was the consensus of the Commission to establish a subcommittee to work on
articles and publicity of the Charter Commission. Turner, Montain, Bernier and
Trehus volunteered to serve on the subcommittee and will begin with the spring
newsletter, if possible.
Dunn noted that there is a one-or two-page synopsis of the Charter that may be
a good starting point for information.
S. NEW BUSINESS
A. Open Discussion
Chair Montain noted that on page 4 of the recent newsletter, amendments were
noted to the City Charter which affect sewage treatment systems. The fact is
that such a change would be done by ordinance, not by Charter amendment. He
agreed to contact City officials and request a correction in the next newsletter.
Scharpen reported that waste haulers are interested in adding a charge of$1.00
to everyone's monthly bill that would be donated to the City strictly for the
reconstruction of roads. She asked if this idea would be a conflict with the
Charter.
Chair Montain suggested that she talk to the City Attorney on whether and how it
could be handled.
Bening noted that any funds used for road,'reconstruction cannot come from the
general fund. A separate fund would have to be established.
Commissioner Trehus left at 9:30. p.m.
Charter Commission
January 9, 1997
Page 11
Dunn stated that there is a feeling within the City Council that the Charter
Commission is not taking enough initiative to help the Council. It is this group's
opinion that the Council is not helping the Charter Commission. He stated that a
philosophical discussion is needed because issues become stalemated and
nothing gets done.
Turner suggested regular joint meetings to create a format for ongoing
discussions of how both groups can understand and benefit each other in the
future_
Chair Montain stated that if he worked to get elected to the Council, he would
have specific ideas about what he would want to do. Councilmembers have
been chosen to make decisions and do not need the Charter Commission to tell
them what to do.
MOTION by Turner to regularly schedule joint meetings with the City Council for
better communication and understanding.
Discussion:
Chair Montain stated that joint meetings must have a specific purpose. The
agenda for the February meeting is road reconstruction and a letter to the
Council requesting the completed Five-Year Financial Plan by April 10, 1997.
There was not second and the motion did not carry.
Charter Commission - Past/Present(Future
Chair Montain stated that the Charter Commission was created in January 12,
1982, when a group of residents felt that the City was not doing a good job of
keeping them informed about assessments. At that time there were
assessments for Lake Drive, and residents believed they were overcharged.
The Charter document was a result of that discussion and has not changed
significantly since that time. Meetings used to be held once per year, unless the
City Council called a meeting for a Charter amendment. As recently as three
years ago it was difficult to get Commission members to meet, and often there
was not a quorum, even with 15 members. Bylaws were not adhered to. Since
that time Ron Solfest has done an excellent job getting people to come to
meetings and enforcing the bylaws.
Turner suggested that each member draft a purpose or mission statement for the
Charter Commission and bring it to the April meeting for further discussion.
Charter Commission
January 9, 1997
Page 12
G. SET APRIL 1997 AGENDA
The following items will be considered at the April 10, 1997 meeting:
1. Economic Development- Brian Wessel
2. Community Survey- Bill Morris
3. Five-Year Financial Plan
4. Community Education Update
5. Charter Timeline
6. Continued Discussion on Past, Present and Future of the
Charter Commission
7. ADJOURNMENT
MOTION by Dahl, seconded by Dunn to adjourn the meeting at 9:50 p.m.
Respectfully submitted,
Deanne Gueblaoui
Recorder