Loading...
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