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HomeMy WebLinkAbout04-09-2015 Charter PacketLINO LAKES CHARTER COMMISSION AGENDA THURSDAY, APRIL 9, 2015 6:30 PM 1. Call to Order and Roll Call 2. Pledge of Allegiance 3. Approval of the Agenda 4. Open Mike / Public Comments 5. Minutes 6:30 PM A. Consider approval of February 12, 2014 Charter Commission Rescheduled Regular Meeting Minutes (pgs 2-7) 6. Unfinished Business A. No Unfinished Business 7. New Business A. Outcome of Motion requesting City Attorney at April 9 Meeting — Chair Sutherland B. Next regular meeting date, Thursday, July 9, 2015 at 6:30 PM 8. Notices and Communications A. Letter to city regarding City Attorney request (pg 8) B. Response from city regarding City Attorney request (pg 9) Adjournment Connie Sutherland Kathryn Timm Caroline Dahl Chair Vice Chair Secretary Packet Page 1 of 9 Charter Commission February 12, 2015 Page 1 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS EXCUSED MEMBERS UNEXCUSED STAFF MEMBERS PRESENT OTHERS PRESENT: DRAFT CITY OF LINO LAKES CHARTER COMMISSION February 12, 2015 6:30 p.m. 8:10 p.m. Aldentaler, Bartsch, Bretoi (arrived at 7:31 p.m.), Dahl, Damiani, Johnson, Helgemoe (arrived at 6:34 p.m.), Lyden, Penn, Storberg, Sutherland, Timm, Turcotte Combs and Poehling None None Michael Manthy, Resident Greg Lucid, Quad Community Press , Resident CALL TO ORDER AND ROLL CALL Chair Sutherland reconvened the meeting of the Lino Lakes Charter Commission at 6:30 pm on January 8, 2015. PLEDGE OF ALLEGIANCE Chair Sutherland lead the Pledge of Allegiance. APPROVING THE AGENDA Agenda was accepted as presented without additions OPEN MIC/PUBLIC COMMENT No one present opted to speak for the open mike. APPROVAL OF MEETING MINUTES A. Consider Approval of July 25, 2014 Charter Commission Special Meeting Minutes It was noted the header should be removed from the top margins. Commissioner Helgemoe arrived. MOTION by Commissioner Dahl, seconded by Commissioner Damiani, approving the special meeting minutes of July 25, 2014. Motion passed unanimously. Packet Page 2 of 9 Charter Commission February 12, 2015 Page 2 47 B. Consider Approval of August 1, 2014 Charter Commission Special Meeting Minutes 48 Chair Sutherland referenced the motion by Commissioner Bretoi that begins in line 31 and 49 continues to mention amendment. She suggested to end the motion at Commissioner Bretoi., 50 "The motion by Commissioner Bretoi ??." It was noted that the space from line 34 should be 51 removed to add lines 35 and 36 to follow line 33 with a double space to follow line 36. 52 53 MOTION by Commissioner Lyden, seconded by Commissioner Turcotte, approving the special 54 meeting minutes of August 1, 2014 as amended. 55 56 Motion passed unanimously. (Timm abstained) 57 58 C. Consider Approval of November 6, 2014 Charter Commission Rescheduled Regular 59 Meeting Minutes 60 It was noted on line 91, it should read, "...the Commission Board..." On line 119, it should 61 state, "She wendefed asked..." On line 121, it should state, "...would be comfortable with it 62 noted her as seconding the motion." On line 156, it should state, "...wondered asked..." On line 63 178, it should state, "The Commissioner recessed at 7:13 to move to a different conference 64 room." On line 188, it should state, "Motion as amended carried unanimously, Sutherland 65 abstained." On line 195, it should state, "...stated this there was an email..." On line 200, it 66 should state, "...thought in the Charter it is required the five year plan." On line 209, it should 67 state, "...wondered what asked the Commission what they want wanted her to do." On line 145, 68 it should state, "...seconded by Commissioner Penn..." 69 70 MOTION by Commissioner Timm, seconded by Commissioner Penn, approving the rescheduled 71 regular meeting minutes of November 6, 2014 as amended. 72 73 Motion passed unanimously. (Johnson and Lyden abstained) 74 75 UNFINISHED BUSINESS 76 77 A. August 6, 2014 Packet Item: Ward Charter Amendment Council Response 78 Commissioner Turcotte stated that there is a process when amendments are brought before the 79 Commission in order for adjustments to be made if necessary. He did not agree with the process 80 followed by the City Council, noting that the Commission did not have sufficient funds for an 81 outside attorney to provide input. 82 83 Commissioner Damiani questioned if anything would be moving forward this year. 84 85 Michael Manthy stated that there is a Centennial Fire Department and concerned citizens group 86 will be meeting in March to discuss a formal appeal of voter rights. 87 88 Chair Sutherland explained the process for setting the meeting agenda and stated that an agenda 89 item can be added by Commissioner request prior to the meeting date. She stated that there is 90 also the ability to set a special meeting noting that process simply requires the request by two 91 Commissioners. 92 2 Packet Page 3 of 9 Charter Commission February 12, 2015 Page 3 93 NEW BUSINESS 94 95 A. Outcome of Budget Request Letter per Motion 96 Chair Sutherland referenced the written and audio materials that were included for the 97 Commission review. She stated that the Council did decline the request to cover the additional 98 $183. 99 100 Commissioner Lyden questioned the official rational that was given for the decision. 101 102 Chair Sutherland stated that in her opinion the Council did not receive the desired outcome and 103 based the decision off of that. She confirmed that all of the original Commission funds were 104 used prior to this request. She stated that the total legal fees were $2,825 and believed that was a 105 phenomenal job. 106 107 Commissioner Lyden stated that seems like such a small amount compared to the dollar amounts 108 and changes in the fire discussions the Council is having. 109 110 Commissioner Damiani commented that the Commission is working to assist the community in 111 the best way possible. 112 113 Chair Sutherland confirmed that TimeSavers was being funded directly by the City and does not 114 count against the budget of the Commission. 115 116 Commissioner Turcotte stated that there could have been cost savings if the Council would have 117 simply presented the amendment they wished to move forward with rather than bringing two 118 amendments for the Commission to review. 119 120 Commissioner Bartsch confirmed that the $183 will be taken from the Commission budget for 121 2015 and questioned why that nominal amount would not simply be taken from something in the 122 2014 budget. 123 124 B. Outcome of Five Year Plan Letter to Council per Motion 125 Chair Sutherland stated that a letter has been submitted to the City Council, which identifies their 126 non-compliance with a five year plan and advised that there has not been a response from the 127 City. She stated that the Commission currently does not have an attorney. She stated that the 128 Commission is limited in their powers and although they can make requests of the Council, she 129 did not feel that there was additional enforcement efforts. 130 131 C. Draft Letter to the Judge for 2014 132 Chair Sutherland read aloud the proposed letter to the judge for 2014 and accepted friendly 133 amendments. 134 135 MOTION by Commissioner Penn, seconded by Commissioner Timm, approving the draft letter 136 to the judge for 2014. 137 138 Motion passed unanimously. 3 Packet Page 4 of 9 Charter Commission February 12, 2015 Page 4 139 140 D. Attorney Karen Marty 141 Chair Sutherland advised that when she alerted Attorney Karen Marty to the Council's decision 142 regarding the $183, she resigned from representing the group. She explained that the attorney 143 was worked at a reduced rate and supports the work of the Commission but feels that it would be 144 difficult for the Commission to accomplish anything with the relationship between the 145 Commission and the City Council. She stated that there may be interest from a legal intern that 146 could assist the Commission, as the Commission funds are very limited. 147 148 Commissioner Johnson questioned if the funds could be generated privately or whether the 149 Commission funds have to come directly from the City. 150 151 Chair Sutherland explained that a legal entity would need to be created in order to collect 152 donations and pay bills. 153 154 Commissioner Lyden stated that as a private resident he would be willing to pay the $183.75. 155 156 Chair Sutherland stated that the approval of that bill is already underway and will be paid. 157 158 Commissioner Penn stated that perhaps the City Attorney should be invited to a future meeting 159 to provide legal input on why recent work of the Commission had been declined, including the 160 ward amendment. 161 162 Chair Sutherland stated that it had been suggested by the Mayor in the past that the City Attorney 163 be used by the Commission and suggested that perhaps the Commission ask the City Attorney to 164 draft the ward language. 165 166 Commissioner Bretoi arrived. 167 168 Commissioner Johnson confirmed that the Commission could make the request but the decision 169 as to whether the City Attorney would attend would be made by the City Council. 170 171 MOTION by Commissioner Penn requesting the City Attorney attend the next regularly 172 scheduled meeting to discuss items of concern to the Commission and City Council. 173 174 Motion failed for lack of a second. 175 176 Commissioner Lyden referenced the Commission meeting schedule and stated that it would be 177 difficult to draft language to include on the ballot for this year. 178 179 Chair Sutherland confirmed that the amendment could be drafted and then placed on the 180 appropriate year's ballot, meaning that could occur in 2016. 181 182 Commissioner Bartsch stated that an invitation to the City Attorney could simply be made which 183 would allow him to provide input on the work he did in conjunction with the items that affect the 184 Commission. 4 Packet Page 5 of 9 Charter Commission February 12, 2015 Page 5 185 186 Commissioner Lyden stated that perhaps the Commission simply ask the City Attorney to draft 187 language regarding wards, which the Commission could then review. 188 189 Commissioner Bartsch believed that would be a bit nave because ultimately the City Attorney 190 represents the City Council. He did believe there would be benefit to the City Attorney simply 191 attending a meeting to provide input. 192 193 Commissioner Dahl stated that the Commission could request the City Attorney to draft the ward 194 amendment language, which they could review at the April meeting, which would allow the 195 Commission sufficient time to review and include on the ballot if desired. 196 197 Commissioner Damiani expressed frustration that it appears the City Council simply declines 198 anything the Commission brings forward for action. She believed that the City Attorney should 199 be invited to attend a meeting and commented that if he chooses not to attend that would show 200 that he does not care about the residents of Lino Lakes. 201 202 Commissioner Turcotte agreed that the Commission could request the City Attorney to draft 203 language but did not feel that the Commission would agree with the results because ultimately 204 the City Council does not want the ward amendment. 205 206 Commissioner Johnson stated that it would be naive to assume that the City Attorney would 207 simply draft the language in time for the April meeting and instead stated that perhaps the best 208 path would be for the Commission to simply gauge the level of openness the City Attorney has 209 to working with the Commission. 210 211 Commissioner Storberg stated that she would like input on why the Council is not accepting the 212 requests of the Commission. She believed that rather than asking the City Attorney to address 213 that concern, a better setting may be for a portion of the Commission to attend a City Council 214 meeting and ask that of the Council during the open mic portion of the meeting, which would be 215 televised. 216 217 Chair Sutherland stated that the City Council will never answer that question. 218 219 MOTION by Commissioner Bretoi, seconded by Commissioner Dahl, requesting to invite the 220 City Attorney to the next meeting to obtain his opinion on what would need to be done to the 221 ward amendment in order for that to move forward. 222 223 MOTION by Commissioner Timm to close debate on the motion on the table. 224 225 Motion passed 9-3-1. (Aldentaler, Penn and Dahl opposed) (Sutherland abstained) 226 227 Motion passed 7-5-1. (Johnson, Penn, Bartsch, Storberg, and Turcotte opposed) (Sutherland 228 abstained) 229 230 NEXT MEETING DATE 5 Packet Page 6 of 9 Charter Commission February 12, 2015 Page 6 231 Chair Sutherland noted the next meeting date is Thursday, April 9, 2015 at 6:30 p.m. She asked 232 that the Commissioner consider the possibility of not meeting in July because the meeting tends 233 to be canceled for lack of attendance. She reminded the Commission that a special meeting can 234 be called at any time by the request of two Commissioners. 235 236 ADJOURN 237 MOTION by Commissioner Turcotte, seconded by Commissioner Helgemoe, to adjourn the 238 meeting at 8:10 p.m. Motion carried unanimously. 239 240 Drafted by: Amanda Staple, TimeSaver Off Site Secretarial, Inc. 6 Packet Page 7 of 9 r�:r t.. CITY OF SES March 30, 2015 Jeff Karlson City Administrator 600 Town Center Parkway Lino Lakes, MN 55014 Mr. Karlson: During the rescheduled regular meeting held by the Charter Commission on February 12, 2015 a motion was presented and passed as noted below: MOTION by Commissioner Bretoi, seconded by Commissioner Dahl, requesting to invite the City Attorney to the next meeting to obtain his opinion on what would need to be done to the ward amendment in order for that to move forward. In preparation for this agenda item the Commission would like confirmation that the City Attorney will be in attendance at its April 9, 2015 meeting that convenes at 6:30 PM. It is respectfully requested that confirmation be provided no later than Monday, April 6 to ensure this information is published in the agenda. Sincerely, Connie Sutherland Chair, Lino Lakes Charter Commission CC: Julie Bartell, City Clerk Kathryn Timm, Lino Lakes Charter Commission Vice Chair Caroline Dahl, Lino Lakes Charter Commission Secretary Chris Bretoi, Lino Lakes Charter Commissioner (Motioner) Packet Page 8 of 9 Letter per Motion made on February 12, 2015 Connie Sutherland <clsutherland@gmail.com> Jeff Karlson <jeff.karlson@ci.lino-lakes.mn.us> Tue, Apr 7, 2015 at 2:13 PM To: cls <clsutherland@gmail.com> Cc: Julie Bartell<julie.bartell@ci.lino-lakes.mn.us>, Caroline Dahl <denali2010@q.com>, Kathryn Timm <kmtimm@msn.com>, Christopher Bretoi <bret0025@umn.edu> Connie, The City Council considered the Charter Commission's request to have City Attorney Joe Langel attend the Charter meeting on Thursday night. The Council directed me to call Mr. Langel to ask him if this was a conflict of interest. Mr. Langel said if both parties were in agreement on an issue (in this case, the ward system), it would be fine for him to work with the Charter Commission. However, that has not been the recent history between the City Council and Charter Commission. Therefore, it is probably not in the best interest of the Council or the Commission to have Joe attend Thursday's meeting. From: cls [mailto:clsutherland@gmail.com] Sent: Monday, March 30, 2015 11:58 PM To: Jeff Karlson Cc: Julie Bartell; Caroline Dahl; Kathryn Timm; Christopher Bretoi Subject: Letter per Motion made on February 12, 2015 Mr. Karlson, Please find the attached letter as it relates to a motion presented and passed at the rescheduled regular meeting held by the Charter Commission on February 12, 2015. Thank you, Connie Sutherland Lino Lakes Charter Commission Chair Packet Page 9 of 9 Julie Bartell T t s -4-„L ut .1 �t-�- `i Lo (' From: Jeff Karlson Sent Wednesday, April 08, 2015 10:21 AM To: clsutherland@gmail.com Cc: Julie Bartell Subject: FW: Charter Commission request Connie, I'm forwarding the city attorney's response to the Charter Commission's request. I had hoped to get this to you before the electronic packet went out yesterday. From: Joseph Lange! [mailto:jjl@ratwiklaw.com] Sent: Tuesday, April 07, 2015 2:31 PM To: Jeff Karlson Subject: Charter Commission request Jeff, I am writing in response to the Charter Commission's request to have me attend their next meeting to discuss "the ward amendment in order for that to move forward." The "ward amendment" is the Commission's proposed amendment to the Charter that would create a ward system for the Council. I reviewed the original, proposed amendment on behalf of the City in July 2014 and opined that it conflicted with state law. Relying on my opinion, the Council subsequently declined to put the issue on the November 2014 ballot. It is my understanding that the Council remains opposed to a ward system. The Council's position is directly contrary to that taken by the Charter Commission, which apparently continues to favor a ward system, as indicated in their letter to you. As the appointed City Attorney, I am obligated to represent the City, the governing body of which is the City Council. I cannot represent the City Council while at the same time offering advice to the Charter Commission when the two bodies are taking directly adverse positions on the very issue on which I am providing advice. It is a conflict of interest. I must therefore respectfully decline the Charter Commission's invitation to attend the next meeting to discuss how to move their proposed amendment forward. Please let me know if you have any questions. Joe . Ili %k:k. JOSEPH J. LANGEL 730 Second Ave. S, Suite 300 Minneapolis, MN 55402 Ph. (612) 339-0060 Fax (612) 339-0038 1 Julie Bartell '—"Ncom: Jeff Karlson went: Tuesday, April 07, 2015 2:13 PM To: 'cls' Cc: Julie Bartell; Caroline Dahl; Kathryn Timm; Christopher Bretoi Subject: RE: Letter per Motion made on February 12, 2015 Connie, (AAk A0-402_ )K (1,2,01 o St,ht 4 )The City Council considered the Charter Commission's request to have City Attorney Joe Lange! attend the Chart meeting on Thursday night. The Council directed me to call Mr. Langel to ask him if this was a conflict of interest. Mr. Lange! said if both parties were in agreement on an issue (in this case, the ward system), it would be fine for him to work with the Charter Commission. However, that has not been the recent history between the City Council and Charter Commission. Therefore, it is probably not in the best interest of the Council or the Commission to have Joe attend Thursday's meeting. From: cls [mailto:clsutherland@gmail.com] Sent: Monday, March 30, 2015 11:58 PM To: Jeff Karlson Cc: Julie Bartell; Caroline Dahl; Kathryn Timm; Christopher Bretoi Subject: Letter per Motion made on February 12, 2015 Mr. Karlson, lease find the attached letter as it relates to a motion presented and passed at the rescheduled regular meeting held by the Charter Commission on February 12, 2015. Thank you, Connie Sutherland Lino Lakes Charter Commission Chair 1 March 30, 2015 Jeff Karlson City Administrator 600 Town Center Parkway Lino Lakes, MN 55014 Mr. Karlson: During the rescheduled regular meeting held by the Charter Commission on February 12, 2015 a motion was presented and passed as noted below: MOTION by Commissioner Bretoi, seconded by Commissioner Dahl, requesting to invite the City Attorney to the next meeting to obtain his opinion on what would need to be done to the ward amendment in order for that to move forward. In preparation for this agenda item the Commission would like confirmation that the City Attorney will be in attendance at its April 9, 2015 meeting that convenes at 6:30 PM. It is respectfully requested that confirmation be provided no later than Monday, April 6 to ensure this information is published in the agenda. Sincerely, Connie Sutherland Chair, Lino Lakes Charter Commission CC: Julie Bartell, City Clerk Kathryn Timm, Lino Lakes Charter Commission Vice Chair Caroline Dahl, Lino Lakes Charter Commission Secretary Chris Bretoi, Lino Lakes Charter Commissioner (Motioner)