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HomeMy WebLinkAbout10-11-2001 Charter Minutes Charter Commission October 11, 2001 Page 1 CITY OF LINO LAKES CHARTER COMMISSION DATE : October 11, 2001 TIME STARTED : 7:00 P.M. TIME ENDED : 9:25 P.M. MEMBERS PRESENT : Dahl, Sullivan,Aldentaler, Montain, Zastrow, DeMotts, Bening, Trehus, Christopherson, and Carlson MEMBERS EXCUSED : Rafferty, G. Lane, S. Lane MEMBERS UNEXCUSED : Zych STAFF MEMBERS PRESENT : None CALL TO ORDER AND ROLL CALL Chair Sullivan called the regular meeting of the Lino Lakes Charter Commission to order at 7:00 p.m. on October 11, 2001. APPROVAL OF MINUTES July 12, 2001 Chair Sullivan referred to page 6, paragraph 11 and 12, and corrected the term "campaigning"to "advertising". MOTION by Commissioner Montain, seconded by Commissioner DeMotts, to approve the July 12, 2001, meeting minutes, as amended. Motion carried with Commissioner Bening abstaining. REPORTS OF THE CHAIR Road Reconstruction Fund Outside of General Fund—City Attorney Opinion—Chair Sullivan distributed a copy of a memo from the City Attorney regarding his opinion on a road fund outside of the General Fund and amendment of Charter regarding the Clerk-Treasurer position. Commission Zastrow stated the City got a big chunk on money from the Met Council years ago from building permits. He wondered what the City is doing with that and suggested it be used for a road reconstruction fund. Chair Sullivan advised the Mayor indicated anyone could review the City budget. He also suggested Commissioner Zastrow contact the City Clerk regarding that issue. 1 Charter Commission October 11, 2001 Page 2 Commissioner DeMotts stated he believes that money went to the state but it was supposed to be paid back if it was not being used. Chair Sullivan stated the issue of a separate fund for road reconstruction was brought up at the joint meeting. He noted he is not suggesting the funds be taken out of the General Fund and put into a road reconstruction fund. He is just asking if a special fund for road reconstruction can be set up. He reviewed the memo from the City Attorney regarding this issue. He noted the City Attorney indicated there is nothing in the Charter or statutes, which prevent a municipality from setting up specific road maintenance funds, road renewal funds or other similar accounts. The City cannot, however, remove revenues from the General Fund into a special road maintenance fund and then consider that special fund to be "outside funding". Chair Sullivan advised the Commission should just keep this in mind and watch the budget at the end of every year. Commissioner Montain stated now the Commission knows it can be done but the City does not have the revenue source to fund it at this time. Commissioner Bening added it is not the Commission's responsibility to determine the source of the revenue for the fund. Charter Budget—Chair Sullivan distributed a copy of the year-to-date expenditures for the Charter Commission that included the proposed 2002 budget. He noted that the Council sets the budget for the Commission every year. He indicated he would make recommendations regarding the budget along with his annual report. Commissioner Montain stated it is nice to see what the Commission has spent in the past few years. It is not the Commission's job to spend money, but to spend it wisely when necessary. Commissioner Dahl stated the Commission should get this information every year. Annual Report and Chair Recommendations—Chair Sullivan distributed and reviewed a Summarization of Activities and Accomplishments of the Charter Commission. He also reviewed his recommendation for the Charter Commission. He noted it is the responsibility of the Secretary to give a copy of the report to the Judge and City Clerk by December 31, 2001. MOTION by Commissioner Zastrow, seconded by Commissioner DeMotts, to accept the 2001 Annual Chair Report and Recommendations. Commissioner Trehus asked for clarification regarding approving the recommendations. Chair Sullivan stated the Commission needs to accept the recommendations as part of the 2001 Annual Report. 2 Charter Commission October 11, 2001 Page 3 Commissioner Zastrow and Commissioner DeMotts amended the motion to include the acknowledgment of the Chair's Recommendations. MOTION carried unanimously. Commissioner Applications - Chair Sullivan advised he does have Commissioner Aldentaler's application for reappointment along with Commissioner Montain's. He stated he has asked the City Clerk to speak to the Judge about reappointment. Chair Sullivan noted the status of the following Commissioner's: Commissioner Aldentaler—has reapplied Commissioner Montain—has reapplied Commissioner Dahl—is going to reapply Commissioner G. Lane—his term is expiring Commissioner Sullivan—is not reapplying Commissioner Zastrow—is reapplying Commissioner Rehbine—is not reapplying Commissioner Bening asked if the openings for the Commission have been advertised in the paper. Chair Sullivan advised the positions have been advertised in the paper twice. REPORT OF COMMITTEES Clerk/Treasurer Amendment—City Attorney Opinion on Commissioner Trehus Option (Commissioners Bening and Trehus)—Chair Sullivan referred to the memo from the City Attorney regarding his opinion on"Option B". The City Attorney has indicated he does not think Option B is appropriate because it presumes to permit the elimination of the position of City Clerk. Chair Sullivan suggested the Commission does not discuss this issue and allow the Committee to handle it. Commissioner Trehus stated he is against the messiness of changing the Charter to make the term correct. He clarified what Option B entails and indicated he does not necessarily agree with the opinion from the City Attorney and gave his reasons why. Chair Sullivan stated he would like to see the Committee handle this issue. He noted he would not want to go against the advice of the City Attorney. Commissioner Trehus stated he is in favor of obtaining another legal opinion and contacting the League of Minnesota Cities. 3 Charter Commission October 11, 2001 Page 4 Commissioner Bening stated he believes the Committee can get additional information and bring it to the next meeting so it can be voted on either way. The issue can't just be dropped. Commissioner Carlson asked if there is any other way to word Option B to come to a compromise. The sentence that the City Attorney objected to could be reworded. Commissioner Trehus stated he could ask as part of the inquiry to draft the change along the lines of Option B. Chair Sullivan stated the Commission would have to allocate money as a group to get an opinion from the League of Minnesota Cities. Commissioner Montain stated the question is whether or not the Commission even wants to pursue this issue. MOTION by Commissioner Montain, seconded by Commissioner Trehus, to vote on whether or not to continue the discussion on this issue. Commissioner Trehus stated the main concern is that the duties specified in the Charter are carried out. The Commission does not necessary care which person carried the duties out as long as they are done. He stated he is very comfortable leaving the Charter the way it is because the City is doing what they are supposed to do. Commissioner DeMotts stated that for 20 years the City has not had a Clerk-Treasurer. If anything is changed it should say Finance Director and Clerk. Commissioner Bening stated he is in favor on continuing this discussion and changing the Charter to what it is for clarity. He stated he does not want to set precedence and indicate the Charter does not matter. Chair Sullivan stated the reason for the position was a checks and balances system. He read the Charter(page 14)regarding this issue. He stated the Commission could make the Charter accurate. Commissioner Montain stated the words do mean something and the Charter needs to be accurate. However, this is not a high priority at this time. Chair Sullivan stated he would not want to bring something to the Council that is not worth their time. Commissioner Carlson referred to the Charter(page 15) regarding this issue and noted the Clerk is not disbursing money. Commissioner Christopherson stated the City Attorney did address that issue. 4 Charter Commission October 11, 2001 Page 5 Commissioner Carlson stated the City Administrator did indicate she does not want a specific term for the Finance Director so the Council has the option. Chair Sullivan stated he also wants to do right by the authors of the Charter. Motion carried with Commissioner's Dahl, Zastrow, Aldentaler and DeMotts voting no. MOTION by Commissioner Trehus, seconded by Commissioner Christopherson,to authorize the Committee to give a proposal to the League of Minnesota Cities to write Option B if Option B is appropriate. Chair Sullivan suggested the letter from the City Attorney be attached to the letter being written to the League of Minnesota Cities. The response should then be brought back to the next meeting for discussion. Commissioner Bening stated he wants both options sent to them for an opinion. Commissioner Carlson stated he likes both options. Again he asked if there is any way to change the wording of Option B so the City Attorney agrees with it. He stated he is concerned that the Commission state what it is doing. Commissioner Trehus indicated he will rephrase Option B. Commissioner Montain added a friendly amendment to the motion to include that the Committee should be allowed to spend a maximum of$300 to get an opinion from the League of Minnesota Cities. That opinion should be brought back to the January 2002 meeting that includes what questions were asked. Commissioner Trehus and Commission Christopherson agreed to the amendment. MOTION carried with Commissioner Bening voting no. Chair Sullivan advised the Committee to inform the City Clerk they will be contacting the League of Minnesota Cities. Five Year Plan Review (Vice-Chair Montain)—Commissioner Montain stated he has talked to the Finance Director regarding this issue. Staff is discussing the Plan but at this point it mainly consists of the CIP. He stated he is disappointed that the Plan was not a bigger part of the budget process. He suggested that the next time they have a joint meeting, the Commission request a copy of the Plan. He stated the Commission needs to push the Council more regarding this issue and the Council needs to be held accountable. He added he doesn't think staff had time to fully address the Plan and it was a bit overwhelming. The Commission needs to get it through to the Council that it has to get done. 5 Charter Commission October 11, 2001 Page 6 Chair Sullivan stated the Commission are the custodians of the Charter and they need to push for the completion of the Plan. Commissioner Montain added that the City is doing a very good job in planning. The problem is formulating the Plan according to the Charter. Commissioner Dahl advised she has spoken to the City Administrator regarding this issue. The Finance Director is working with all the Directors and their next meeting is October 15, 2001. Commissioner Montain stated this item needs to be included on the next agenda. Charter Terms Clarification Report (Commissioners Sullivan/Montain/Rafferty)—Chair Sullivan advised a summary regarding this issue was included in the packets. UNFINISHED BUSINESS Review City Council Meeting Minutes for Charter Compliance—Chair Sullivan advised he has talked to City staff regarding this issue several times. He has asked the City Clerk to include the Council Meeting packets in everyone's packets. Commissioner DeMotts suggested the Commission does not receive them all at once. Commissioner Dahl stated the City does mail them out upon request. Commissioner Bening stated this problem will be solved once the City gets their web site. Chair Sullivan asked if any of the Commissioners identified a problem in the minutes. The Commission indicated no problems were identified. By-Laws/Section 9. (Appointments)Amendment (Secretary Rafferty)—This item was tabled until the January 2002 meeting. Review/Accept Official Charter& By-Laws—Chair Sullivan advised he would like to get the entire Charter and By-Laws in front of the Commission for review. Commissioner Bening stated the City Clerk needs to send it out to the Commissioners. Chair Sullivan stated he will ask the City for their official copy of the Charter and have copies sent out to each Commissioner. Charter Archives Report(Secretary Rafferty)—This item was tabled to the January 2002 meeting. 6 Charter Commission October 11, 2001 Page 7 Commissioner Montain noted the Secretary needs to get the Charter documents from Ms. Rosemary Storeburg. NEW BUSINESS Set January 2002 Allenda—Chair Sullivan advised he will do the packets for the January 2002 meeting. He indicated he will also get a legal opinion regarding whether or not he should chair the January 2002 meeting. He advised the following items will appear on the January 2002 meeting agenda: • Approval of October 11, 2001 Minutes • Annual Report and Chair Recommendations Distribution • Clerk/Treasurer Amendment • Five Year Plan Report • Review Council Meeting Minutes for Charter Compliance • By-Laws/Section 9. Amendment • Review/accept Official Charter&By-laws • Charter Archives Report • Elect New Officers • Set April 2002 Agenda ADJOURN MOTION by DeMotts seconded by Commissioner Bening,to adjourn the meeting at 9:25 p.m. Motion carried unanimously. Respectfully submitted, Kim Points Timesaver Off Site Secretarial, Inc. 7