HomeMy WebLinkAbout04-10-2008 Charter PacketLINO LAKES CHARTER COMMISSION
AGENDA
Thursday, April 1 2008
1.
Call to Order and Roll Call
6:30 PM
2.
Pledge of Allegiance
6:32 PM
3.
Approval of Agenda
6:33 PM
4.
Open Mike
6:34 PM
5.
Approval of January 17 and February 28, 2008 minutes
6:35 PM
6.
Old Business
Quarterly Finance report 2008, Budget Update and all
Charter related updates by City Administrator,
Gordon Heitke (read only)
A. Election of Officers
6:39 PM
B. Street Maintenance Update
6:45 PM
C. Under Charter's review
6:55 PM
a. Staffs amended amendment approved by
City Council
i. Charter Commission review of amended
city amendment
D. Attorney's Opinion
7:20 PM
E. Communication Plan
7:50 PM
7. New Business
A. Review Charter Commission Amendment 8:20 PM
B. July meeting date, July 10, 2008 9:00 PM
8. Adjourn 9:05 PM
Charter Commission
January 17, 2008
I CITY OF LINO LAKES
2 CHARTER COMMISSION
3
4
5 DATE : January 17, 2008
6 TIME STARTED : 6:30 P.M.
7 TIME ENDED : 8:51 P.M.
8 MEMBERS PRESENT : Aldentaler, Bening, Carlson, Dahl, Drennen, Duffy,
9 Minar, Stockman Maher (arrived at 6:53 p.m.),
10 Storberg, Trehus, and Vacha
11 MEMBERS EXCUSED : Lyden and Zastrow
12 MEMBERS UNEXCUSED : Montain and Williams
13 STAFF MEMBERS PRESENT : City Clerk, Julianne Bartell (part)
14
15
16 CALL TO ORDER AND ROLL CALL
17
18 Chair Duffy called the regular meeting of the Lino Lakes Charter Commission to order at 6:34
19 p.m. on January 17, 2008.
20
21 NEW MEMBERS SWORN IN
22
23 City Clerk Bartell administered the oath of office to Harold Carlson, Cori Duffy, Jim Drennen,
24 Steve Minar, and Rosemary Storberg.
25
26 A. INTRODUCE NEW MEMBERS TO CHARTER COMMISSION
27
28 Commissioner Minar introduced himself to the Commission. He stated he has lived in Lino
29 Lakes for about 2 1/2 years. He wanted to get involved in the community and has worked as an
30 election judge. It was suggested that he serve on the Charter Commission, and he thought it
31 would be a good point to start getting involved in the City.
32
33 Commissioner Drennen introduced himself to the Commission. He stated he moved to Lino
34 Lakes nine years ago. He has two daughters in high school; one will graduate this year and one
35 will be a senior next year. They love Minnesota; it is a great place to live. Coming out of the
36 60's and 70's he became cynical and apathetic about government. He decided that he should take
37 a more active role and decided to join the Charter Commission.
38
39 PLEDGE OF ALLEGIANCE
40
41 APPROVAL OF AGENDA
42
43 The following items were added to the agenda:
44 ■ Item B.1, Charter Commission Guidelines
Charter Commission
January 17, 2008
45 ® Item 7.A. 1, Discussion of Commissioner Bening's presentation to the City Council on the
46 proposed charter amendment
47 ® 8D, Review of Quad article "Charter Changes on Deck"
48 ® 8D moved down in the agenda to 8E
49
50 MOTION by Commissioner Dahl, seconded by Commissioner Vacha, to approve the agenda as
51 amended. Motion carried unanimously.
52
53 OPEN MIKE
54
55 No one was present for open mike.
56
57 APPROVAL OF MINUTES - NOVEMBER 29,2007 AND JANUARY 11, 2007
58 November 29, 2007
59
60 Commissioner Dahl requested the following correction to the minutes:
61 Page 1, line 3 1: "Commissioner Dahl te4d stated she would let Commissioner Zastrow know that
62 perhaps it would be best..."
63
64 Commissioner Bening referred to page 7, line 290 of the minutes. He pointed out that the
65 minutes state "It was the consensus of the Commission.." However, he had submitted that he
66 would like to replace Sections 8.05, 8.06, 8.07 8.08 & 8.09, and had stated that he felt Section
67 8.05 was unworkable.
68
69 It was the consensus of the Commission to amend line 290 as follows: "It was the eensensus of
70 opinion of the majority of the Commission
71
72 Commissioner Stockman Maher arrived at 6:53 p.m.
73
74 There was discussion of whether lines 290 - 293 in the minutes correctly reflect the consensus of
75 the Commission regarding the amendment to Section 8.07, subd. 2. It was the consensus of the
76 Commission that lines 290 - 293 are stated correctly in the minutes.
77
78 Commissioner Bening requested the following deletion from the minutes:
79 Page 14, lines 597 - 599
80
81 Commissioner Trehus requested the following amendments to the minutes:
82 Page 8, line 309: "...-this provision alle does not provide that, and leaves them with
83 no recourse but to petition for a referendum."
84 t Page 11, lines 462-464: "...for the Commission's review. whieh asked the question "do you
85 want ar-anked ballot" and to rank in order- of pref-e—e -hat Feside s warA, followed by
86 instant run off-.2"
87 Page 11, line 466: "...He added the you will not need the , etitioni ,g that there would be
88 less need to petition for a referendum..."
Charter Commission
January 17, 2008
89 ■ Page 11, line 468: "...He felt this pr-eN4 es ranked ballots provide for a really good
90 process..."
91 ® Page 11, line 473-474: "Commissioner Trehus replied it would could use instant run-off
92 methodology or another method, and felt that Ms. Marry could draft appropriate language
93 with ease."
94 ® Page 12, line 484: "Commissioner Trehus stated that the project is decided before the public
95 hearing, and that he felt..."
96
97 MOTION by Commissioner Minar, seconded by Commissioner Dahl, to approve the November
98 29, 2007, Charter Commission meeting minutes as corrected above. Motion carried
99 unanimously.
100
lol JANUARY 11, 2007 MINUTES
102
103 Chair Duffy reviewed that approval of the January 11, 2007 meeting minutes had been postponed
104 due to questions regarding the accuracy of the minutes. She requested discussion regarding the
105 process for approval of the January 11, 2007 meeting minutes. The Commission discussed
106 whether the audio recording of the meeting should be reviewed in order to determine the
107 accuracy of the minutes. It was suggested that one option would be for the Commission to vote
108 not to accept the minutes.
109
110 MOTION by Commissioner Bening, seconded by Commissioner Vacha, to not approve the
ill January 11, 2007, Charter Commission meeting minutes in the form as distributed in the January
112 17, 2008 Charter Commission meeting packet. Motion carried unanimously.
113
114 OLD BUSINESS
115
116 A. DISCUSSION OF CHARTER'S AMENDMENT AT COUNCIL WORK SESSION
117
118 Chair Duffy stated with the presentation of the Charter Commission's proposed charter
119 amendment, each of the City Council members were provided with a cover letter and the final
120 substitute amendment as prepared by the Charter Commission's attorney. The City Council
121 received the proposed amendment and cover letter with their packet the Friday before the
122 Monday City Council meeting. The Council formally accepted the Charter Commission's
123 proposal at the following City Council meeting.
124
125 The Commission reviewed the following documents in relation to the charter amendment
126 process:
127 ■ Staff Report prepared for 1/7/08 City Council Work Session
128 ® Legal Memorandum prepared by Attorney Karen Marty to Charter Commission
129
Charter Commission DRAFT
January 17, 2008
130 The Commission discussed the two options outlined in the legal memorandum prepared by
131 Attorney Karen Marty. There was discussion of Minn. Stat. Sec. 410.12, Subd. 5, specifically in
132 relation to whether a special election is required for the charter amendment process. Chair Duffy
133 pointed out that Attorney Karen Marty has indicated the charter amendment process could be
134 legally defended with or without the special election.
135
136 MOTION by Commissioner Dahl, seconded by Commissioner Storberg, that the Charter
137 Commission send a letter to the City Council as stated on page 2, paragraphs 3 and 4 of the
138 January 11, 2008 legal memorandum prepared by Attorney Karen Marty, with the letter edited as
139 the Commission determines.
140
141 It was noted that if a special election is held the process would likely be rushed, resulting in the
142 citizens not receiving enough information. It was also noted that the charter amendment process
143 is now in the City Council's hands.
144
145 Commissioner Dahl withdrew the motion on the floor. Commissioner Storberg withdrew the
146 second to the motion on the floor.
147
148 B. COMMUNICATION PLAN
149
150 Chair Duffy reviewed the process the Commission followed at the November 29, 2007 Charter
151 Commission meeting with the determination of the substitute charter amendment to be submitted
152 to the City Council. She stated Commissioner Bening at that time had presented five sections of
153 the proposed amendment that he did not agree with, and he had submitted his own language. The
154 Commission was not interested in pursuing Commissioner Bening's version of changes for
155 Section 8.05 through Section 8.09. She stated since that time Commissioner Bening decided to
156 take it upon himself and present his version of the amendments at the City Council meeting on
157 Monday.
158
159 Commissioner Bening stated the amendment he presented to the City Council includes the
160 following changes from what he had been presented to the Charter Commission:
161
162 Section 8.09, Subd. 1. Petition: The number of valid signatures on the petition must exceed -3"0
163 19%..."
164 Section 8.06. Public Hearing: Language referring to certified mail is now included in one
165 sentence.
166
167 Chair Duffy requested Commissioner Bening to explain his rationale behind going to the City
168 Council with his proposed amendment. She expressed concern that what he has done undermines
169 everything the Charter Commission has done for the last year to get some change that is
170 workable and agreeable to the City.
171
Charter Commission DRAFT
January 17, 2008
172 Commissioner Bening expressed his view that in being a Charter Commission member he does
173 not give up his individual rights as a citizen of Lino Lakes to present his feelings and beliefs. He
174 does not believe it undermines the Charter. Nothing in the Charter says anything against what he
175 did by spearing to the City Council. He stated he had brought up many times in Commission
176 meetings that he did not agree on most of the things the Commission was changing, the heart of
177 it in Sections 8.05 through 8.09. He had spoken about that at different times and had sent an
178 email to the Chairperson on November 18th specifically outlining many different things. He
179 agrees it was short notice and that is one thing he apologizes for, but he had discussed it at other
180 meetings. He felt as a citizen of Lino Lakes he had the right to speak to the City Council and staff
181 and present what he considered would be an alternative.
182
183 There was considerable discussion by the commission members regarding Commissioner
184 Bening's presentation to the City Council. The following concerns were expressed:
185 Commissioner Bening should have resigned from the Charter Commission prior to
186 presenting his viewpoints to the City Council.
187 Commission members have the right to present their viewpoints to the City Council if
188 they present themselves as a citizen, and not as a member of the Charter Commission.
189 A member of the Charter Commission must separate their personal views and represent
190 the residents of Lino Lakes.
191 The final vote was taken at the November Commission meeting on what would be
192 presented to the City Council.
193
194 MOTION by Commissioner Storberg, seconded by Commissioner Stockman Maher, to move on
195 in the agenda.
196
197 The following additional concerns were noted:
198 ® Commissioner Bening disrespected the fellow commissioners.
199 ® If the City Council accepts Commissioner Bening's amendment there will be additional
200 costs, as well as more time required from staff and legal attorneys.
201 ® The Commission does not always agree but they should work as a team.
202 ® Commissioner Bening should have informed the Commission he would be presenting an
203 amendment to the City Council.
204
205 Commissioner Bening stated he did not mean to be disrespectful to anyone on the Commission.
206 He wanted to be public and upfront about it. He noted that the press was there and interviewed
207 him, and there will most likely be information in the Citizen and the Quad.
208
209 Chair Duffy stated she received a call from the Quad wanting to do an article on this. She
210 expressed concern that there is a rift between what the Council and the Charter Commission
211 want. Now there will be a third option out there, which will add to more confusion for the
212 citizenry.
213
214 Motion carried unanimously.
215
Charter Commission DRAFT
January 17, 2008
216 Chair Duffy requested discussion regarding the Commission's Communication Plan to inform
217 the citizens about the proposed charter amendment.
218
219 Commissioner Carlson suggested further discussion regarding the Commission's
220 Communication Plan following the technical review of the charter proposal scheduled for the
221 February 4, 2008 City Council work session. Commissioner Vacha suggested including the
222 Communication Plan on the April 10, 2008 Charter Commission meeting agenda. The
223 Commission discussed flyers and newspaper ads as possible communication methods.
224 Commissioner Drennen indicated his profession is in the field of marketing and offered his
225 assistance in preparing communication materials.
226
227 C. QUARTERLY FINANCE REPORT 2007, 2008 AND 5-YEAR PLAN UPDATES
228
229 The Commission reviewed the Quarterly Update prepared by City Administrator Gordon Heitke.
230
231 Informational; no action required.
232
233 NEW BUSINESS
234
235 A. ANNUAL REPORT, CHAIR
236
237 Commissioner Dahl noted the following amendment to the Annual Report of the Charter
238 Commission Chair:
239 ® Last paragraph to read: "...the citizen task force to study Chapter 8 of the charter as it
240 related to road reconstruction, and brought forth an amendment..."
241 ® "Charter Commission" to be included on the top of the report.
242
243 Commissioner Dahl indicated upon approval of the Commission she will forward the report to
244 the judge.
245
246 MOTION by Commissioner Bening, seconded by Commissioner Stockman Maher, to approve
247 the Annual Report of the Charter Commission Chair as amended above. Motion carried
248 unanimously.
249
25o B. LETTER TO JUDGE REGARDING STATUS, COMMISSIONER MONTAIN
251
252 Commissioner Dahl reviewed that Commissioner Montain missed 8 of the last 11 meetings and
253 the Commission was unable to communicate with him. She sent a letter to the judge regarding
254 Commissioner Montain's absence and received a response today. She recited the letter received
255 from the judge ordering Paul Montain to be removed as a member of the Lino Lakes Charter
256 Commission.
257
258 Chair Duffy indicated there will be notification of the opening on the Charter Commission.
259
26o B.I. GUIDELINES
6
Charter Commission DRAFT
January 17, 2008
261
262 Commissioner Dahl explained her request to add this topic to the agenda was to be proactive in
263 deterring a situation similar to Commissioner Bening's open mike presentation to the City
264 Council on Monday night.
265
266 The consensus of the Commission was to table the topic of Charter Commission Guidelines to
267 the April meeting, with Commissioner Dahl to present further information at that time.
268
269 C. ELECTION OF OFFICERS
270
271 Chair Duffy called for nominations for the position of Chair.
272
273 MOTION by Commissioner Bening, seconded by Commissioner Vacha, to elect Cori Duffy as
274 Charter Commission Chair for 2008. Motion carried 10 — 0 — 1. (Chair Duffy abstained.)
275
276 Commissioner Dahl stated she would like to continue serving as an officer of the Commission;
277 however, Section 7 of the Charter Commission Bylaws state that no officer is eligible to hold
278 more than two consecutive terms in the same office. Options would be for her to serve as Vice-
279 Chair or for the Commission to amend the Bylaws.
280
281 MOTION by Commissioner Minar, seconded by Commissioner Dahl, to elect Caroline Dahl as
282 Charter Commission Vice -Chair for 2008.
283
284 There was not interest expressed by any of the commissioners in serving as Charter Commission
285 Secretary for 2008. There was discussion of amending the Bylaws in order for Commissioner
286 Dahl to continue serving as Charter Commission Secretary. It was noted that according to the
287 Bylaws Commissioner Dahl could be appointed as Assistant Secretary until a different
288 commissioner is elected for the position of Secretary.
289
290 Motion carried 10 — 0 — 1. (Commissioner Dahl abstained.)
291
292 MOTION by Commissioner Stockman Maher to elect Caroline Dahl as Charter Commission
293 Assistant Secretary for 2008.
294
295 Commissioner Carlson pointed out it would be beneficial to the Commission to have three
296 different members acting in the officer positions, rather than only filling the three positions with
297 two members.
298
299 The consensus of the Commission was that Commissioner Dahl maintain the position as Acting
300 Secretary until a different commissioner is elected to fill the position of Secretary, and to include
301 Election of Secretary on the April Charter Commission meeting agenda.
302
303 Commissioner Stockman Maher withdrew the motion on the floor.
304
305 D. QUAD NEWS ARTICLE
7
Charter Commission DRAFT
January 17, 2008
306
307 The Commission reviewed the Quad News Article "Charter Changes on Deck". Concern was
308 expressed that the article is misleading in the following ways: 1) it makes it appear that road
309 construction is the issue, while the real issue is road repair; 2) this has not been a pain in the
310 resident's rear for several years as stated in the article; 3) statement that 60% of the respondents
311 favored changing the City Charter is taken out of context from the actual survey question.
312
313 Commissioner Storberg suggested each commissioner present a communication brochure or flyer
314 at the April Charter Commission meeting. It was noted that the Commission may want to review
315 the information that will be distributed by the City Council prior to preparing the Commission's
316 communication materials. Commissioner Drennen suggested forming a subcommittee for the
317 purpose of preparing communication materials. Commissioners Dahl, Drennen and Minar
318 volunteered to serve on the Communication Subcommittee. It was the consensus of the
319 Commission that the subcommittee be left open for additional volunteers.
320
321 E. SET AGENDA APRIL 10, 2008
322
323 There was not discussion on this agenda item.
324
325 Commissioner Drennen corrected his email address to be listed on the Charter Commission
326 Membership List as jdreiinei-i@comcast.net
327
328 ADJOURN
329
330 MOTION by Commissioner Minar, seconded by Commissioner Vacha, to adjourn the meeting at
331 8:51 p.m. Motion carried unanimously.
332
333
334 Respectfully Submitted,
335
336 Carol Hamer
337 Timesaver Off Site Secretarial, Inc.
0
11,ATE
TENAE STARTED
TIME ENDED
,"r
CITY OF LINO LAIKES
CPECIAL CHARTER COMMISSION MEETINI
DRAFT I
February 28, 2008
6:43 P.M.
8:33 P.M.
Dahl, Aldentaler, Drennen, Trehus, Duffy, Williams, Lyden,
Minar, Storberg, Stockman Maher, and Carlson left 8 P.M.
acha, Zastrow,
None
None
Chair Duffy called the meeting of the Lino Lakes Special Charter Commission meeting to order
at 6!43 p.m. on February 28, 2007.
PLEDGE OF ALLEGIANCE
MOTION by Commissioner Dahl, seconded by Commissioner Lyden, to adopt the agenda.
Motion carried unanimously.
Discussion on City's Amendments to the Charter. Consensus is to wait and see which of the three
amendments the city council will vote on to amend the Charter's Chapter 8.
ROBERT BENI[NG
Commissioner Dahl moved to accept Resolution No. 08-01 as presented. Commissioner Williams
seconded the motion. Motion carried with Commissioner Maher voting no.
SET DATE FOR APRIL 10, 2007 MEETING
MOTION by Commissioner Williams, seconded by Commissioner Drennen, to adjourn the meeting
at 8:3 3 p.m. Motion carried unanimously.
Respectfully Submitted,
Caroline Dahl, Lino Lakes Charter Commission Secretary
These minutes were considered and approved at the regular Charter Commission Meeting on
April 10, 2008.
Date: April 4, 2008
To: Charter Commission
From: Gordon Heitke
Re: Quarterly Update
Five Year Financial Plan
The Five Year Financial Plan was adopted by the City Council on January 28, 2008.
Public Improvement Petitions
No petitions for public improvements have been received.
Street Reconstruction Project
There will be no street reconstruction project initiated this year.
Charter Financial Report
The 2008 expenditure report for charter administration is attached.
Charter Amendment
The City Council approved the first reading of Ordinance No. 05-08, An Ordinance
Amending Chapter 8 of the Lino Lakes City Charter, Regarding Public Improvements
And Special Assessments, on March 24, 2008 and served a notice of this action and a
copy of the ordinance to the Charter Commission Chair on March 25, 2008.
Date: 04/04/2008 Time: 12:59:39 City of Lino Lakes
operator: ajr Page: 1
FM Reports - Period Expenditure Report
Calendar Period: 01/2008 To: 03/200B
Fiscal Period: O1/9 T ?006
Budget Thru: 12/2008
Original Net Budget Expended PTD Expended YTD q; unexpended Bal
Account# / Title ----- ----------------------
-------------------
0.00
101-405-420D-D00 GENERAL CHARTER OFFICE SUPPLI O.DD
0.00 D D.DO
O.DO 0.00 0.00
1D1-405-4300-ODD GENERAL CHARTER PROFESSIONAL 213.25 4 4,786.75
101-405-43D0-999 GENERAL CHARTER PROFESSIONAL
5,0D0.D0 5,DOD.00 213.25
Description Amount
Tr Date Type Journal Receipt Check#/Date Vendor --------------------------
-----------------------------------------
213.25
02/11/OB INV-IN 6907 82294 02/11/08 TIMESAVER OFF -SITE SECRETARIAL CHARTER MEETING 3,060.46
62317 02/12/08 MARTY LAW FIRM, LLC LEGAL SERVICES/CHARTER
D2/25/08 INV-M 6973 / n Rev Marty Law Firm,chB231 (3,D60.46-
02/29/DB PST-7e 7087 �, 1 �( �--�j �}rj y� e__X-av$e'Detail Total: 213.25
500.00 SOD.00
0.00 0.00 0 50D.00
101-405-4301-ODD GENERAL, CHARTER MUNICIPAL A. O.DD 0.00 0.D0 D 0.00
101-405-4322-000 GENERAL CHARTER POSTAGE 0.00 0.00 0.00 0 0.00
VEL
1D1-405-4330-OD0 GENERAL CHARTER TRA /TUITIO D.OD D.00 22.95 22.95 11 177.05
101-405-4340-000 GENERAL CHARTER ADVERTISING 200.00 200.00
Tr Date Type Journal Receipt Check#/Date Vendor
Description Amount
---------------------------------------
22.95
'-0/D8 INV-IN 6996 B2459 03/1D/06 PRESS PUBLICATIONS, INC. ADV CITY COUNCIL WORK SES 22 95
Detail Total:
NEWSLETTER 0.00 0.00
().OD 0.00 0 0.00
101-405-4343-000 GENERAL, CHARTER 0.00 D.OD 0.00 0.00 0 D.OD
101-405-4344-ODD GENERAL CHARTER LEGAL PRINTIN O.OD D.DO
101-405-SD00-000 G 0 O.DO
GENERAL CHARTER CAPITAL OUTIA 0.D0 0.00
5,700.D0 5,700.DD 236.20 236.20 4 5,463.60
GRAND TOTAL