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HomeMy WebLinkAbout07-12-2001 Charter Minutes Charter Commission rd !y t July 12, 2001 Page 1 CITY OF LINO LAKES CHARTER COMMISSION DATE : July 12,2001 TIME STARTED : 7:05 P.M. TIME ENDED : 8:35 P.M. MEMBERS PRESENT : Dahl,Sullivan,S.Lane,Montain, G. Lane, DeMotts, Christopherson,Rafferty,and Carlson MEMBERS EXCUSED : Aldentaler, Zych,Bening,and Trehus STAFF MEMBERS PRESENT : None CALL TO ORDER AND ROLL CALL Chair Sullivan called the regular meeting of the Lino Lake art ommission to order at 7:05 p.m. on July 12, 2001. b APPROVAL OF MINUTES October 12,2000 Commissioner Dahl stated she review r the October 12 2000 meeting three times. She was unable to hear the a question made by Commissioner Trehus. She stated that Commissioner Trehu ad in ate., a comment was taken out of context. Chair Sullivan advised he spoke wi .ssioner Trehus regarding this issue. Commissioner Trehus indicated he made the comme but would prefer it is taken out of the minutes. Chair Sullivan advised the comment can not be removed from the minutes. MOTION by Commissioner DeMotts to approve the October 12, 2000, meeting minutes, as presented. MOTION failed due to lack of a second. MOTION by Commissioner Dahl, seconded by Commissioner G. Lane,to approve the October 12, 2000,meeting minutes,with the removal of the statement relating to "mismanagement of City fiends". Chair Sullivan stated Commissioner Trehus has indicated he made the comment. 1 Charter Commission July 12, 2001 Page 2 Commissioner Dahl stated the comment is not on the tape. It is possible the tape did not pick it up or the comment was made when the tape was being changed. Chair Sullivan stated Commissioner Trehus indicated he made the comment but it did not come out as he intended. Commissioner Rafferty asked if Commissioner Trehus explained what he did mean by the comment. Chair Sullivan referred to the January 11, 2001, meeting minutes noting the explanation given by Commissioner Trehus. Commissioner Montain suggested the minutes be approved with the comment and a statement indicating the comment was taken out of context. Commissioner Dahl suggested the explanation from the January ting minutes also be added. Commissioner Montain stated the comment may have bee en of context. If Commissioner Trehus is concerned, he can bring it up a xt me _ 9- MOTION by Commissioner Dahl, seconded by Commissi C. Lane, to amend her previous motion to move to approve the October 12, 2001, min tes to include the following: Commissioner Trehus has indica co e t relating to "mismanagement of City funds"was taken out of contex . er Trehus explained his comment with the following: "Commissioner s to a made the comment. He indicated he does not feel the statement c acro he y it was intended. He stated he meant that he does not understand w y taxes a so high and there is no money to fix roads. He stated the comment was not ction of a particular individual. He added the Park Board needs more money also . Commissioner Montain called the question. MOTION carried with Commissioner DeMotts,Zastrow, Montain, and Christopherson abstaining. April 12, 2001 Chair Sullivan referred to page 1 relating to "Members Absent". He stated Commissioner Rehbine was not absent because he has resigned. He referred to page 4, Item C and corrected the second sentence to read "He noted the letter of explanation and apology from the City Administrator and stated he does not believe a retraction is needed". 2 Charter Commission July 12, 2001 Page 3 Commissioner Christopherson referred to page 7,paragraph 4, and noted the report on the efforts of a full archive of Charter documents was not put on the July agenda. Chair Sullivan advised a report of the effort of a full archive of Charter documents will be put on the October 2001 agenda. MOTION by Commissioner Montain, seconded by Commissioner Zastrow, to approve the April 12, 2001, meeting minutes as amended. Motion carried with Commissioner Dahl and Rafferty abstaining. REPORTS OF THE CHAIR Commissioner Term Expiration (December 2001) Chair Sullivan advised there is a new amendment to the by-laws that the Chair of the Commission needs to notify members of the term expirations four months in advance. He stated he will notify members this evening. The terms that expire in December 2001 include the following Commissio • Commissioner Aldentaler • Commissioner Dahl • Commissioner G. Lane • Commissioner Montain • Commissioner Sullivan • Commissioner Zastrow Chair Sullivan explained the process to r g a letter can be given to either the Chair of the Commission or the City Clerk Chair Sullivan advised he is mee wi ommissioner Montain and Rafferty after the meeting to discuss his term and Commission ane's term. Commissioner Rafferty added he believes Commissioner Sullivan is eligible to return. Commissioner Montain stated he does not believe he is eligible to reapply because he served more than one half of someone else's term. Commissioner Rafferty advised he received a letter from the City Attorney that indicated a Commissioner can serve two full terms. The term does not count if a Commissioner serves a part of someone else's term. Chair Sullivan stated Commissioner Aldentaler is on his first term. Commissioner Dahl is eligible to reapply. He noted the by-laws state a Commissioner continues to attend meetings until the seat is filled. He added a report relating to Commissioner's terms expirations will be given at the next meeting. 3 Charter Commission July 12, 2001 Page 4 Use of General Fund Dollars for Road Reconstruction—Chair Sullivan advised that at the Joint Meeting with the City Council this issue was discussed. The question was asked if the City can set aside a fund outside of the General Fund for road reconstruction. The City Administrator did refer that question to the City Attorney but misunderstood the question. He advised he will confer with the City Attorney again for an answer. Commissioner Montain stated he believes there are funds outside of the General Fund to start a road reconstruction fund. If the funds in that account grow it could be used for street projects without going to the voters. Commissioner Carlson stated the Charter could still be maintained by having reserve funds for streets. The project could still go to the voters but the funds would already be set aside for the project. REPORT OF COMMITTEES Clerk/Treasurer Amendment Commissioners Benin an -hus —Chair Sullivan advised Commissioner Bening and Trehus are not present this eve < , T roposals relating to this issue were previously given. Commissioner Trehus has dic ed tha a believes the City Attorney only gave his opinion on Commissioner Benin oposal. Commissioner Trehus would like an opinion on his proposal. An opini from th , gue of Minnesota Cities has already been given. He referred to the letter from : I '.. At mey regarding this issue. Commissioner Trehus has asked the Commission f re ' on. Commissioner Zastrow stated he belie should be left as is. Commissioner Montain indicate a ag Y Commissioner Zastrow. The term is dated but it should be left as is until other s in t Charter are changed. The term may be confusing but the City is not out of compliant Commissioner Carlson stated the Charter should be changed but the City is not required to do so. He referred to the letter from Mr. Addicks regarding this issue noting Mr. Addicks did state that if the Charter is changed,the term should state"clerk'. Commissioner Dahl stated she believes the Charter should be left as is. Commissioner S. Lane stated she agrees with Commissioner Dahl. Chair Sullivan stated he would still like Commissioner Trehus and Bening to come forward with a recommendation. He stated he will obtain an opinion from the City Attorney on Commissioner Trehus's option. Commissioner Carlson suggested when the option is sent back, determine if the City Attorney failed to look at that option. 4 • Charter Commission • July 12, 2001 Page 5 Chair Sullivan stated he believes Commissioner Bening took both options to the City Administrator. It appears that the City Attorney considered both options. He indicated he will confirm that with the City Attorney. Commissioner G. Lane excused himself from the meeting at 8:05 p.m. Five Year Plan Review (Committee Formation)—Chair Sullivan advised he previously suggested a committee be formed to ensure the Five Year Plan is in compliance with the Charter. He asked for volunteers for the committee. Commissioner Dahl stated she spoke with the Finance Director regarding this issue. Mr. Rolek indicated the Plan will be updated as far as Capital Improvements and other issues. He also indicated the Plan is a very good Plan but has to be updated yearly. Commissioner Montain volunteered to be part of the committee. He stated the Commission has been frustrated at the pace of the Five Year Plan. The Plan is no here near what the Charter requires. It is the Commission's job to point out what the Cit ds to do according to the Charter. Commissioner Christopherson and Carlson also volume or the committee to review the Five Year Plan. Chair Sullivan noted the Charter points out what is de ithin the Plan on page 16. Commissioner Christopherson asked if c should review the current Plan or wait for the revised one. Chair Sullivan stated the co shoal determine that. Commissioner Montain volunteered t Chair the committee. He stated the committee should also attend a Council work session to express the Commission's frustration relating to the Plan. The City Council can then urge staff to complete the Plan and be compliant. Commissioner Carlson noted he believes the City is heading in the right direction with the new Finance Director. Charter Commission Membership List/Research Commissioner Terms (Commissioners Sullivan/Montain/Rafferty)—Chair Sullivan advised a meeting will be held immediately after this meeting and a report will be given. UNFINISHED BUSINESS Review City Council Meeting Minutes for Charter Compliance—Chair Sullivan asked if all Commissioner's received the Council meeting minutes. 5 Charter Commission July 12, 2001 Page 6 Commissioner Carlson and DeMotts indicated they did not receive the Council minutes. Commissioner Dahl stated the City Clerk is on a leave of absence and Jean Viger is doing two jobs. Chair Sullivan stated he requested the minutes from Ms. Viger. The Council minutes can not be reviewed this evening so this item will be put on the October agenda. He noted he will request the Council minutes for every Commissioner. This item was tabled until the October 2001 meeting. By-Laws/Section 9. (Appointments)Amendment(Secretary Rafferty)—Chair Sullivan directed Commissioner Rafferty to bring all Commissioner's a copy and also submit one to the City Clerk. This item was tabled until the October 2001 meeting. Review/Accept Official Charter &By-Laws-This ite to until the October 2001 meeting. NEW BUSINESS Charter Budget—Commissioner Montain request h Sullivan speak to the City Administrator regarding this issue. Chair Sullivan stated he believes la City Administrator sent him a copy of the proposal and the Commission reviewed i Commissioner S. Lane asked if c ng comes out of the Commission's budget. Commissioner Montain advised campaigning does come out of the budget as well as other items including packet fees, secretarial fees and attorney fees. Commissioner Rafferty asked if any excess funds from the Commission can go into a special fund such as road reconstruction. Commissioner Dahl stated excess funds go back into the General Fund. Set October 2001 Agenda—Chair Sullivan advised the following items will appear on the January 2001 meeting agenda: • Commissioner Terms Clarification Report • Committee Report of Five Year Plan • Charter Archives 6 Charter Commission • July 12,2001 Page 7 • Use of General Fund Dollars for Road Reconstruction • Review/Accept Official Charter&By-Laws • Council Meeting Minutes for Charter Compliance • By-Laws/Section 9. Amendment • Charter Budget ADJOURN MOTION by Paul Montain, seconded by Commissioner Christopherson, to adjourn the meeting at 8:35 p.m. Motion carried unanimously. Respectfully submitted, Kim Points Timesaver Off-Site Secretarial, Inc. 7