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HomeMy WebLinkAbout12/08/2003 Council Minutes (2)APPROVED 1 CITY OF LINO LAKES 2 MINUTES 4 5 DATE : December 8, 2003 6 TIME STARTED : 6:35 P.M. 7 TIME ENDED : 8:30 P.M. 8 MEMBERS PRESENT : Councilmembers Carlson, Dahl, O'Donnell, Reinert 9 and Mayor Bergeson 10 MEMBERS ABSENT : None 11 12 Staff members present: Acting City Administrator/Director of Administration, Dan Tesch; Finance 13 Director, Al Rolek; City Clerk, Ann Blair; and City Attorney, Barry Sullivan. 14 15 SETTING THE AGENDA 16 17 The agenda was approved as amended. 18 19 CONSENT AGENDA 20 21 Mayor Bergeson noted there were four actions on the consent agenda having to do with transfer of 22 funds. He asked for a brief explanation of those actions. 23 24 Finance Director Rolek advised the four actions are transferring funds from the Area and Unit Fund to •25 Debt Service Funds. He indicated this action is taken yearly. 26 27 Councilmember Dahl moved to approve the Consent Agenda, as submitted. Councilmember Reinert 28 seconded the motion. 29 30 Motion carried unanimously. 31 32 ITEM ACTION 33 34 A. CONSIDERATION OF EXPENDITURES: 35 36 i) December 8, 2003 (Check No. 69759 — 37 69855, $362,356.07) Approved 38 39 ii) Centennial Fire District (Check No. 14033 — 40 14039, $2,809.48) Approved 41 42 B. CONSIDERATION OF RESOLUTION NO. 03-216 43 AUTHORIZING THE TRANSFER OF FUNDS FROM 44 THE AREA AND UNIT FUND TO THE WATER 45 OPERATING FUND FOR PAYMENT OF 1996B G.O. 46 WATER REVENUE BOND Approved 47 111110 48 C. CONSIDERATION OF RESOLUTION NO. 03-217, COUNCIL MINUTES DECEMBER 8, 2003 APPROVED . 49 AUTHORIZING THE TRANSFER OF FUNDS FROM 50 THE AREA AND UNIT FUND TO THE 1999A G.O. 51 IMPROVEMENT BOND DEBT SERVICE FUND Approved 52 53 D. CONSIDERATION OF RESOLUTION NO. 03-218, 54 AUTHORIZING THE TRANSFER OF FUNDS FROM 55 THE AREA AND UNIT FUND TO THE 1996A G.O. 56 IMPROVEMENT BOND DEBT SERVICE FUND Approved 57 58 E. CONSIDERATION OF RESOLUTION NO. 03-219, 59 AUTHORIZING THE TRANSFER OF FUNDS FROM 60 THE AREA AND UNIT FUND TO THE 1998A G.O. 61 IMPROVEMENT BOND DEBT SERVICE FUND Approved 62 63 OPEN MIKE 64 65 Mayor Bergeson noted Councilmember O'Donnell would be completing his tour of duty at the next 66 meeting, which Mayor Bergeson will not be able to attend. He thanked Councilmember O'Donnell 67 for his four years of service, indicating he has been a great Councilmember, taking on a lot of extra 68 duties. He stated he would be sorry to see Councilmember O'Donnell go. 69 70 FINANCE DEPARTMENT REPORT, AL ROLEK 71 •72 There was none. 73 74 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 75 76 A. Consider Adopting City Council Ethical Guidelines Policy, Jeff O'Donnell 77 78 Councilmember O'Donnell advised that this past July the topic of Ethical Guidelines was brought to a 79 work session. The idea was discussed to put together ethical guidelines for this and future City 80 Councils, outlining the expectations for acting and interacting with each other, Staff, and the residents 81 of Lino Lakes. He stated that as citizens and Councilmembers they are asked to uphold laws, and 82 these guidelines are in no way meant to supercede or counteract any laws they have vowed to uphold 83 in their oath of office. He indicated they are simply guidelines to guide how they act in their civic 84 duty. He stated they held many meetings on the subject, and he thanked the other Councilmembers 85 for their time in discussing this. He noted the City Attorney, as well as Duke Addicks, the attorney 86 for the League of MN Cities, have reviewed the guidelines and indicated the Council is free to adopt 87 the guidelines if they so choose. He stated the Council now needs to decide if they want to adopt 88 these ethical guidelines to help in how they interact in the course of their work. 89 90 Councilmember O'Donnell read the guidelines at the request of Councilmember Carlson. He noted 91 that at the last work session Mayor Bergeson had suggested a change to the `Remedies' section, 92 noting the third sentence would say `If inappropriate behavior is reported, the City Council may 93 appoint one of its members to investigate the allegations and provide a written report of conclusions 94 at a Council work session.' 41195 2 COUNCIL MINUTES DECEMBER 8, 2003 APPROVED .96 Councilmember Reinert thanked Councilmember O'Donnell for putting these together, noting he has 97 been working on them for months. 98 99 Councilmember Reinert moved to adopt the City Council Ethical Guidelines presented with the 100 change suggested by Mayor Bergeson and noted by Councilmember O'Donnell. 101 102 Councilmember Carlson stated she had additional questions before this matter goes to motion. She 103 indicated her greatest concern has to do with obtaining information. She stated one point has been 104 clarified. The guidelines said Councilmembers shall forward requests to the City Administrator, 105 whereas the letter received tonight from Duke Addicks says they should be sent to the Responsible 106 Authority, which is the City Clerk. She stated there was also a point of clarification that the City 107 Council could get information just as any citizen can get under the Data Practices Act. She indicated 108 she is wondering how this would work, since Staff has five days to provide information under Data 109 Practices, but if they have a work session on Wednesday and have to vote on the topic on Monday, 110 she may not have the information she needs to vote. 111 112 City Attorney Sullivan indicated he does not recall the Data Practices Act saying five days for all 113 information; he believes it says reasonable time. Councilmember Carlson agreed it may say 114 reasonable time. City Attorney Sullivan stated the City receives requests all the time for public 115 information, often at the police department where someone is looking for a copy of a police report, 116 and Staff usually provides it very quickly. He noted that in his opinion some civil matters at City 117 Hall may take more time to provide. He stated two suggestions; to ask the City Administrator for the 118 information, or to ask for it under the Data Practices Act. He noted the Ethical Guidelines are not •19 meant to interfere with Data Practices. 120 121 Councilmember Carlson stated that any information available to the public must be available to the 122 City Council, and should be requested by contacting the Responsible Authority. She indicated that 123 would not be the City Administrator. She stated time is a concern because they do not have a lot of 124 time between discussing topics at the work session and voting at the City Council meeting. She 125 indicated the guidelines say the City Administrator may either grant the request and advise the other 126 City Councilmembers accordingly, or shall refer the request to the City Council. She questioned how 127 that would work if they are not having a meeting. 128 129 City Attorney Sullivan indicated this assumes the data is public. He stated you could add to the 130 wording that the City Administrator could also refer it to the City Clerk for Data Practices review. 131 132 City Clerk Blair commented that hopefully the two provisions are not inconsistent. She stated it says 133 the Responsible Authority can allow others to distribute information, and as noted in her memo, it has 134 been her practice to let other staff members distribute data specific to their areas. 135 136 Councilmember Reinert moved to adopt the City Council Ethical Guidelines presented with the 137 change suggested by Mayor Bergeson and noted by Councilmember O'Donnell. Councilmember 138 O'Donnell seconded the motion. 139 140 Councilmember Carlson stated she did receive the letter just tonight from Duke Addicks, and it says 141 this merely reflects guidelines of the City Council, and any City Councilmember who does not wish 042 to follow them should make it clear which guidelines they do not wish to follow and why. She noted 3 COUNCIL MINUTES DECEMBER 8, 2003 APPROVED *43 that this letter was sent late today, and she received it only when she arrived. She stated she has made 44 notes on the guidelines and several comments on language, and in her opinion she has concerns about 145 getting information. She stated she has some concerns about open meetings, and also putting an item 146 on the agenda. She noted the guidelines say a Councilmember may request an item be placed on the 147 work session agenda by contacting the City Administrator. She indicated prior to this 148 Councilmembers could place items on the agenda. She stated it has also been the policy that two City 149 Councilmembers could call a special meeting, so it does not make sense that two or even one 150 Councilmember could not therefore put an item on the agenda. 151 152 Councilmember O'Donnell stated that in both agenda notations the last sentence says 'at the work 153 session' or 'at the City Council meeting, by consensus'. He indicated if you know ahead of time, you 154 then ask to have it put on the agenda, which is the same practice as today. 155 156 Councilmember Carlson disagreed, indicating consensus is different than majority. She indicated her 157 concern is being able to represent the citizens as well as she has, and she feels this is pulling in two 158 different directions, with one being more open and one more closed. She indicated she would like to 159 get beyond that. She stated before she came tonight she was reading a book on quotes. She read two 160 quotes, one on leadership, and one on experience. She indicated her convictions include not putting 161 restrictions on information citizens and the City Council can receive. 162 163 Councilmember Carlson indicated that following Duke Addicks' recommendation that she should be 164 saying what she will not follow, she will not vote for this tonight. She stated that with a new City 165 Councilmember and City Administrator coming on after the first of the year, she would be more •66 comfortable going through it then, and would not agree to guidelines that limit her ability to get 167 information and do the best job she can. 168 169 Councilmember Reinert stated they have been discussing this for four months, and need to put it in 170 place. He indicated with that he would call the question. 171 172 Mayor Bergeson asked if calling the question means they take the vote. City Attorney Sullivan 173 advised that calling the question is a request to end the debate, and requires a 2/3 vote, which would 174 be four Councilmembers in this case. 175 176 Vote: 2 Ayes, 3 Nays. Motion failed. Councilmembers Carlson, Dahl, and O'Donnell opposed. 177 178 Councilmember O'Donnell indicated he voted not to end debate because he does not want to be 179 viewed as limiting or imposing these guidelines. He stated the intent is not to limit any City 180 Councilmember from doing their job; the idea is just to set some guidelines on how City 181 Councilmembers should interact. 182 183 Councilmember Dahl indicated there are a few items to consider. She stated these guidelines were 184 started in July, but changed constantly. She indicated she missed one meeting and did not have a 185 voice. She agreed they received the memo from Duke Addicks late, but noted it says the guidelines 186 should be discussed with new members at one of the first meetings. She indicated that since they will 187 have a new City Councilmember and new City Administrator, she would prefer to table these for 188 now. She commented that concerning stating why they would or would not agree to follow the •89 guidelines, she did not know she would have to state why. She is concerned with a few of the 4 COUNCIL MINUTES DECEMBER 8, 2003 APPROVED • 90 guidelines. She indicated she felt very strongly about conflict of interest; however the Mayor cleared 91 that up. She stated she also has a problem with the guideline concerning Boards and Commissions, 192 which read 'Even when an elected official intends answers and comments to be construed as personal 193 opinion, it is nearly impossible for others to separate the personal role from the elected one.' She 194 stated personally she believes their Boards and Commissions are smarter than that. She indicated she 195 believes it belittles them to think otherwise. 196 197 Dahl stated in her opinion the guidelines go into way too much detail. She advised she contacted 198 other cities to see what their guidelines are like, and they do not go into this much detail. She stated 199 she thinks this is totally disrespectful, and feels if you respect yourself you do not conduct yourself 200 that way. She noted there is also a set of guidelines from her and Councilmember Carlson, which 201 they hoped would be incorporated into these, but were not at all. She stated she will not vote for this. 202 203 Councilmember Carlson stated that the letter from Duke Addicks says they should state which 204 guidelines a Councilmember is not in agreement with. She asked if she voted no, that would cover it 205 or if she had to be specific. 206 207 Mayor Bergeson indicated he read that to relate not to how a Councilmember would vote on the 208 guidelines, but how they would conduct themselves going forward, and if a Councilmember is going 209 to do something that would be perceived as in conflict with the guidelines, to state why. 210 211 City Attorney Sullivan stated that a no vote makes her intentions clear. He indicated the idea is to put 212 the public on notice of your intentions, and a no vote would accomplish that. •13 214 Mayor Bergeson indicated they have spent most of the discussion time here trying to find fault with 215 the document. He believes they should step back and see what they are trying to accomplish. He 216 stated they are trying to set ethical guidelines which most professional groups have; a code of ethics. 217 He indicated this is not about Data Practices, and it has changed over time, but he believes the 218 document has changed for the better as they have worked on it. He stated it has been edited and re - 219 edited and now it is time for action. He indicated they did receive responses from the City Attorney 220 and the League of Minnesota Cities and they found nothing wrong with the document. He feels it is 221 disturbing that a City Councilmember would not want to support this. He stated they could nit pick 222 the language for months, but he thinks they need to put it in place. 223 224 Councilmember Dahl stated they already have guidelines that they paid a consultant to prepare in 225 1999. She indicated it was pushed out of sight until Councilmember Carlson reminded them about it, 226 and the other two City Councilmembers may not have known they even existed. 227 228 Councilmember Carlson stated there are additional comments from the League of Minnesota Cities 229 that add to her concern. She indicated the comments go to the point that if two members can call a 230 meeting, they should be able to place an item on the agenda. She read the rules surrounding the Open 231 Meeting law, noting the fine for violation. 232 233 Kim Sullivan, 7132 Whipperwillow Lane, indicated it is very obvious that the City Council is always 234 bound by the laws of the State and ordinances of the City. Her comment is why any City Council 235 would not support these ethical guidelines. She stated that she believes all are aware there have been •36 requests by the City Council that have been very cumbersome to Staff, often way beyond what would 5 COUNCIL MINUTES DECEMBER 8, 2003 APPROVED . 37 be relevant. She indicated these guidelines are to encourage the City Council to work together and 38 with Staff. As a citizen of Lino Lakes, she would expect the City Council to do things to not cost the 239 residents money. She stated if the City Council puts the issues on the table and comes to an 240 agreement in a timely manner it saves the residents all kinds of money. She commented that taking 241 five years to pass the Comprehensive Plan cost the taxpayers a lot of money. She believes these 242 guidelines should be passed, even if they are only relevant to this City Council for thirty days. 243 244 Barbara Bor, 7707 20th Avenue stated that having been an observer of City Council meetings for the 245 last two years, it seems these guidelines have evolved because of a lack of trust. She indicated much 246 of what is discussed in minute detail and frustration is often frustrating to her and those watching 247 also. She believes the guidelines will help going forward for 2004. She stated she was very touched 248 by Councilmember O'Donnell's comments at the work session on goals. She believes goals are very 249 important for any organization, and was surprised to hear they have not been finalized for 2004. She 250 indicated residents do not want their representatives to all have the same opinion, but they need trust 251 of each other and trust that reaches to Staff. She noted there is a perception of distrust of Staff with 252 the neighborhood coalitions, and some of that comes back to the trust and leadership of the City 253 Council. She stated as long as these guidelines are not limiting to what the City Council can do for 254 residents, or a resident can do with or without involving the City Council, she believes the Council 255 needs to resolve their semantics and move on. 256 257 Vote on Council Guidelines: 3 Ayes, 2 Nays. Motion carried. Councilmembers Carlson and Dahl 258 opposed. 259 *60 B. Consider Adopting City of Lino Lakes Guidelines Policy, Donna Carlson and Caroline 261 Dahl 262 263 Councilmember Carlson indicated they are proposing a second set of guidelines, which they had 264 submitted for review on September 17, 2003, but which were not incorporated into the document just 265 adopted. She indicated the guidelines come from the League of MN Cities, the City Charter and the 266 Constitution of the State of Minnesota. She read the proposed guidelines. 267 268 Councilmember Reinert stated they just passed the City Council Ethical Guidelines, and now these 269 are more. He indicated with the first set they went through the rigors of going for review by the 270 League of MN Cities and the City Attorney, however these guidelines have not had that review. He 271 believes for consistency they should. 272 273 Councilmember Dahl indicated when Councilmember Carlson originally presented these guidelines 274 they invited such a review to happen. She stated if it did not, she does not know why, as they invited 275 the same process. 276 277 Councilmember Carlson stated she submitted these guidelines at the first meeting held to discuss 278 guidelines in September. She indicated while they only went through part of the previous set of 279 guidelines at that meeting, they were submitted. She stated the legal opinions were all received after 280 that time, and these should have been sent on with the previous set. She believes to say they should 281 not consider them because they have not had a legal opinion is not a valid point. She asked who the :82 City Attorney was corresponding with in the City. City Attorney Sullivan responded that he 6 COUNCIL MINUTES DECEMBER 8, 2003 APPROVED . 83 corresponded with Acting City Administrator / Director of Administration Tesch and City Clerk 84 Blair. 285 286 Councilmember Reinert stated these guidelines were submitted for consideration, and the Council did 287 have a meeting to discuss them, but they were deemed to be redundant, as most of them address laws 288 the Councilmembers took an oath to follow. He stated at subsequent meetings they discussed each of 289 these points, however they seemed to miss the point of why ethical guidelines were being put in 290 place. He indicated these are legal statements that do not guide behavior, and he believes that is why 291 they were not passed on for legal review. He stated these guidelines are just laws that are already in 292 place. 293 294 Councilmember Carlson commented that the question has been raised that if these were discussed at a 295 work session, why she and Councilmember Dahl did not speak up when discussed. She indicated for 296 health reasons, neither of them were present at that work session. She noted that work session took 297 place over a month after these guidelines were submitted. She indicated at an earlier meeting they did 298 discuss the conflict of interest statement, which shows that they are interested in ethics. She stated 299 they did adopt this at the September 17th work session, although a watered down version, stating 300 Councilmembers would follow the advice of the City Attorney. 301 302 Councilmember O'Donnell stated the conflict of interest statement was removed at the advice of the 303 City Attorney because it is included in Robert's Rules of Order. He indicated they did remove some 304 of the original statements in an effort to not make these guidelines redundant. He agrees with 305 Councilmember Reinert that some statements in this proposed set of guidelines are redundant with •06 what Councilmembers vow to uphold in their oath, but he believes there are several statements that 307 are not covered. He would recommend adding five of these guidelines to those previously adopted, 308 starting with statement five and going through statement nine. 309 310 Mayor Bergeson indicated the primary item on the floor is the set of guidelines proposed by 311 Councilmembers Carlson and Dahl. He asked if it would be appropriate to take these guidelines and 312 amend the guidelines previously adopted. The City Attorney offered that this is an agenda item, so he 313 does not know why the City Council could not adopt these guidelines in whole or in part. 314 315 Councilmember Carlson argued that putting these in the guidelines two of the City Councilmembers 316 have already voted against because of concerns with getting pertinent data, and to leave out the 317 conflict of interest statement which is the most important part places them in a position of having to 318 vote no on their own agenda item. 319 320 Councilmember Reinert stated whether Councilmembers voted for the previous guidelines or not is 321 irrelevant since they were passed and are in place. 322 323 Councilmember Carlson stated she is going back to the consensus language, stating the previous 324 guidelines do not reflect consensus. She referred also to the language from Duke Addicks that any 325 Councilmember who does not intent to follow a guideline should state why. Councilmember Reinert 326 indicated he does not read that as a Councilmember not having to follow the guidelines, only that they 327 do not have to agree with them. 328 • 7 COUNCIL MINUTES DECEMBER 8, 2003 APPROVED 29 Councilmember Reinert stated the proposed guidelines are called City of Lino Lakes guidelines. 30 They just passed City Council Ethical Guidelines, and in 1999 adopted City Council Guidelines. He 331 asked if they could pass one set each year, and if so, should they identify and define them if they are 332 going to have so many. He indicated City Council Ethical Guidelines is very clear, and they removed 333 the statements that were redundant with other documents already in place. He stated it seems 334 frivolous to pass a lot of guidelines. He indicated the proposed guidelines look like legal statements, 335 so maybe they should call them that, although each of the Councilmembers have agreed to follow the 336 law, so this becomes redundant, but they could pass them anyway. He asked if they could pass 337 twenty sets of City Council guidelines. The City Attorney indicated they could if they chose to do so, 338 and could call them all the same thing if that is what they want to do. 339 340 Councilmember Carlson moved to adopt the City of Lino Lakes Guidelines in their presented form. 341 Councilmember Dahl seconded the motion. 342 343 Councilmember Carlson stated in the spirit of working together, she would consider amending the 344 guidelines to remove the first four statements, but believes the conflict of interest statement is 345 important, and it is from the League of Minnesota Cities. 346 347 Councilmember O'Donnell indicated that going back to the October 8th letter from the City Attorney 348 he has no problem leaving that statement in if there is something unique that is not covered in other 349 documents. The City Attorney stated he does not know if there was a conflict of interest statement in 350 the version sent to them for review, and the statement does not state what a conflict of interest is, so it 351 would only be what the law defines. •52 53 Councilmember Carlson called the question, motioning for the debate to end. Councilmember 354 O'Donnell seconded the motion. 355 356 Vote: 3 Ayes, 2 Nays. Motion failed. Councilmember Reinert and Mayor Bergeson opposed. 357 358 Councilmember Carlson stated she did offer a compromise, and called the question not to limit 359 discussion but to have something left of the document to vote on. 360 361 Mayor Bergeson indicated he feels it is unfortunate members of the City Council would bring forth a 362 competing set of guidelines. He stated there has been ample opportunity to bring forth discussion. 363 He indicated he will vote against these guidelines because he does not thing they were brought 364 forward in the spirit of cooperation, but to sideline the previous guidelines. He stated he will also 365 vote against because they have not had the legal vigor the others had, and he believes that is an 366 important step. He feels if they are going to consider the guidelines, that step should be done. He 367 indicated the other reason is many of these guidelines already exist in City, State or Federal law, and 368 he believes they are asking for trouble when they adopt the same thing into many documents. 369 370 Councilmember Reinert indicated he, too, will vote against the guidelines for a lot of the same 371 reasons. He feels they are redundant, and have all been covered before. He believes they were 372 submitted in competition, and serve no purpose. He stated it would also be appropriate to include 373 with these guidelines to have milk with cookies; stop and smell the roses; and hug your children. 374 • 8 COUNCIL MINUTES DECEMBER 8, 2003 APPROVED •375 Councilmember Carlson indicated although they will have one set of guidelines adopted and one 376 voted down, she expressed that they were submitted in sincerity, and the lack of forwarding them on 377 for legal review shows the lack of sincerity with which they were received. She believes the conflict 378 of interest statement is important, and noted she has received calls about this from residents. She 379 stated although these guidelines will fail, she hopes they can come together with a new City Council 380 and a new City Administrator because she feels it is very important. She commented that to the point 381 of the audience member who spoke about how long it took the Council to pass the Comprehensive 382 Plan, she would point out that it did not take this City Council five years to do so because they have 383 only been here four years. She stated it took about a year for them to go through the plan word by 384 word, and it took the Metropolitan Council awhile to approve it. She indicated this Council has been 385 able to take a vote and move on, but if that vote limits her ability under the Data Practices Act, and 386 limits the ability for her to do her job, she has to vote against it. 387 388 Councilmember Dahl stated when she called other cities to see what they have, they did not call them 389 guidelines, they called them bylaws, and they are very redundant. She indicated they talk about 390 meeting, minutes, agendas, ordinances and even though the information is covered in other places, 391 they put them down again in the bylaws. She believes even if they are redundant, they should be 392 received with the same respect the previous guidelines were received. She indicated while mention 393 was made of the work Councilmember O'Donnell did on the previous guidelines, they were worked 394 on with the former City Administrator also, so she should be given some of the credit. She stated 395 respect is one of the most important guidelines. She indicated whether others agree or disagree with 396 them is fine, but show respect. She thanked Councilmember O'Donnell for trying to come to 397 consensus by the willingness he has shown to incorporate this with the previous guidelines. She 4098 stated whether or not the other two Councilmembers agree, Councilmember Carlson has said she is 399 willing to listen and incorporate them and she will also. She stated she has always been the type to 400 come to the middle on issues, and they could have a win/win situation, but either way, she asked that 401 the Council show respect. 402 403 Councilmember Reinert stated he disagrees with the comment that they should pass redundant 404 guidelines because other cities have passed them. 405 406 Vote: 2 Ayes, 3 Nays. Motion failed. Councilmembers O'Donnell and Reinert and Mayor Bergeson 407 opposed. 408 409 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 410 411 There was no report. 412 413 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 414 415 There was no report. 416 417 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 418 419 A. Consideration of Resolution No. 03-220, Approving Final Payment for 2003 Wearing 420 Course, Jim Studenski 021 9 COUNCIL MINUTES DECEMBER 8, 2003 APPROVED •422 Acting City Administrator / Director of Administration Tesch summarized the Staff report, indicating 423 Staff recommends approval of the resolution. 424 425 Councilmember O'Donnell moved to adopt Resolution No. 03-220 approving Payment No. 2 for the 426 2003 Wearing Course Project. Councilmember Dahl seconded the motion. 427 428 Motion carried unanimously. 429 430 Resolution No. 03-220 can be found in the City Clerk's office. 431 432 UNFINISHED BUSINESS 433 434 There was none. 435 436 NEW BUSINESS 437 438 A. Approval of the November 19, 2003 Council Work Session Minutes 439 B. Approval of the November 24, 2003 City Council Meeting Minutes 440 441 Councilmember Carlson noted the following change to the November 24, 2003 minutes: 442 Page 4, Line 186 and 187 should say 'She stated she also supports the YMCA. 443 Councilmember Carlson indicated she is concerned the City Council does not have a plan to 444 say what the City will get, and she is concerned about the road improvements and the $26 045 million cost.' 446 447 Councilmember Carlson also noted clarification is needed on the November 19, 2003 minutes where 448 they were discussing the TIF district and the amount of cost. She indicated on Page 2, Line 30 her 449 concern was about the $3.5 million fiscal disparities, although she does not know quite how to clarify 450 that. She stated it also says she was requesting a specific report, when what she was really requesting 451 was information similar to a report they had previously received. 452 453 Mayor Bergeson suggested they postpone action on the November 19, 2003 minutes, and asked that 454 Councilmember Carlson work with the City Clerk to clarify that paragraph. 455 456 Councilmember Dahl moved to approve the minutes of November 24, 2003 as amended. 457 Councilmember Reinert seconded the motion. 458 459 Motion carried unanimously. 460 461 COMMUNITY CALENDAR December 9, 2003 THROUGH December 15, 2003: 462 463 A) Wednesday, December 10, 2003, 5:30 p.m., Council Work Session 464 B) Wednesday, December 10, 2003, 6:30 p.m., Planning & Zoning Board Meeting 465 C) Monday, December 15, 2003, 6:30 p.m., City Council Meeting • 10 COUNCIL MINUTES DECEMBER 8, 2003 APPROVED S 466 ADJOURN 467 468 Councilmember Carlson asked if under the law she can attend meetings of the Lino Lakes Boards, 469 and can specify she is there as a citizen and address those boards. She questioned her position under 470 the newly adopted guidelines. City Attorney Sullivan indicated under the law she can attend any of 471 the Board meetings she chooses to attend. 472 473 Councilmember Carlson clarified she could speak as a resident if she states she is speaking as a 474 resident. She indicated she wanted to clarify because the guidelines say she is discouraged from 475 doing so. 476 477 There being no further business, Councilmember O'Donnell moved to adjourn at 8:30 p.m. 478 Councilmember Carlson seconded the motion. 479 480 Motion carried unanimously. 481 482 These minutes were considered and approved at the regular Council Meeting, January 12, 2004. 483 484 485 486 Ann Blair, it y Clerk Bergesi6n, Mayor 487 W 488 Transcribed,,y: 4089 Karen Whaley 490 TimeSaver Off Site Secretarial, Inc. 491 492 493