HomeMy WebLinkAbout04-09-2015 MinutesCharter Commission
April 9, 2015
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APPROVED 1
CITY OF LINO LAKES 2
CHARTER COMMISSION 3
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DATE April 9, 2015 7
TIME STARTED 6:30 p.m. 8
TIME ENDED 7:30 p.m. 9
MEMBERS PRESENT Bretoi, Damiani, Johnson, Lyden, Poehling, Storberg, 10
Sutherland, Timm, and Turcotte 11
MEMBERS EXCUSED Aldentaler, Combs, Dahl, Penn, Bartsch and Helgemoe 12
MEMBERS UNEXCUSED None 13
STAFF MEMBERS PRESENT None 14
OTHERS PRESENT: Michael Manthy, Resident 15
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CALL TO ORDER AND ROLL CALL 18
Chair Sutherland reconvened the meeting of the Lino Lakes Charter Commission at 6:31 p.m. on 19
April 9, 2015. 20
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PLEDGE OF ALLEGIANCE 22
Chair Sutherland led the Pledge of Allegiance. 23
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SETTING THE AGENDA 25
MOTION by Commissioner Lyden, seconded by Commissioner Damiani, approving the agenda 26
as presented. 27
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Motion passed unanimously. 29
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OPEN MIC/PUBLIC COMMENT 31
No one present to speak for the open mike. 32
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APPROVAL OF MEETING MINUTES 34
Chair Sutherland noted on line 19, it should state, “Michael Manthey, Resident”. 35
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MOTION by Commissioner Timm, seconded by Commissioner Damiani, approving the meeting 37
minutes of February 12, 2015 as amended. 38
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Motion passed unanimously. 40
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OLD BUSINESS 42
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A. No Unfinished Business 44
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April 9, 2015
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NEW BUSINESS 46
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A. Outcome of Motion Requesting City Attorney at April 9th Meeting 48
Chair Sutherland stated that a handout is available on the table, which is the official legal 49
response from Attorney Joe Langel. 50
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Commissioner Bretoi stated that this puts the Commission in a difficult situation as the Council 52
stated that the proposed language from the Commission was unconstitutional, yet the City 53
Attorney is not available for consult. 54
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Chair Sutherland stated that the Council has stated several times that the Charter Commission 56
could use their attorney but this is the first time that the response has been that there would be a 57
conflict of interest and the two groups could not share an attorney. 58
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Commissioner Timm stated that the attorney has never said that the idea of wards was 60
unconstitutional but that the proposal from the Commission was contrary to statute. She stated 61
that the Charter Commission could draft a ward amendment consistent with State law and 62
explained that the Commission had used the Saint Paul language as a template, which had been 63
approved prior to changes in State statute. 64
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Chair Sutherland stated that the Commission would need to find their own resources if they wish 66
to move forward with a ward amendment. 67
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Commissioner Storberg questioned if the Commission could utilize the League of Minnesota 69
Cities for assistance. 70
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Commissioner Turcotte believed that City approval would be needed. 72
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Commissioner Johnson stated that perhaps the League of Minnesota Cities could provide 74
assistance as long as the issue is not in conflict with the City. 75
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Commissioner Timm stated that she suggested that option in the past. 77
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Commissioner Damiani stated that the legal response bothers her because it seems that no matter 79
what the Commission does, the Council will not agree with what is proposed. She stated that it 80
does not appear that there are rights as residents. 81
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Chair Sutherland stated that the Commission does have options to bring the issue to ballot as part 83
of the Charter. She stated that the Commission could clean up the language as suggested and 84
bring the proposal back to the Council, noting that if the Council still does not agree the issue 85
could move forward as a petition. She agreed that there would not be sufficient time to pursue 86
that option this year but noted that the work could still be done. 87
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April 9, 2015
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MOTION by Commissioner Bretoi, seconded by Commissioner Timm, to approach the League 89
of Minnesota Cities to determine if they could offer assistance with the ward amendment 90
language and if so, proceed with their help. 91
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Motion passed 7-0-2. (Turcotte and Sutherland abstained) 93
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Commissioner Timm stated that she consulted with another attorney at her place of business, 95
Jennifer Urban, on another municipality issue. She stated that she is not aware of her rates but 96
would suggest pursuing that option should the League of Minnesota Cities not be able to assist. 97
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MOTION by Commissioner Bretoi, seconded by Commissioner Lyden, to invite Jennifer Urban 99
to attend the July meeting to discuss her rates and possible representation of the Commission. 100
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Motion passed 7-0-2. (Turcotte and Sutherland abstained) 102
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Commissioner Turcotte stated that the original amendment should not have been held from the 104
ballot. 105
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Commissioner Lyden believed that everyone on the Commission provides their own perspective 107
and puts a lot of work into this. He stated that ultimately it will come down to whether the 108
Council is willing to work with the Commission. 109
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Chair Sutherland stated that residents do not understand that the Commission does not have 111
power and only has the authority to move things forward to the Council, who is then supposed to 112
move things forward as well which unfortunately is not happening. She stated that until the faces 113
on the Council change this is the position the Commission will be in. 114
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Commissioner Damiani stated that she believed that the two groups were at one time working 116
together and questioned when that changed. 117
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Chair Sutherland stated that in her opinion it seemed that the change occurred when the 119
originally proposed change to Chapter 8, went to ballot and failed. 120
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Commissioner Timm stated that she is very disheartened that this situation will ever change. She 122
stated that her term expires at the end of the year and she will not be seeking reappointment. She 123
stated that when she speaks with people in other branches of government the thought they have is 124
that the Charter Commission is the issue, unless they are thoroughly aware of the situation. She 125
believed that the Commission should move an amendment forward to dissolve the Charter, 126
which will force the Council to operate in the open rather than placing blame on the Charter 127
Commission. 128
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Commissioner Lyden left the meeting at 7:03 p.m. 130
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Chair Sutherland stated that the Commission has had some great proposals, which the Council 132
has not allowed to move through to the citizens. She stated that the Commission has also been 133
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April 9, 2015
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denied the request to educate the residents on the Charter, noting that the City is unwilling to 134
provide that education. 135
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NEXT MEETING DATE 137
Chair Sutherland noted the next meeting date is Thursday, July 9, 2015. 138
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ADJOURN 140
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MOTION by Commissioner Bretoi, seconded by Commissioner Turcotte, to adjourn the meeting 142
at 7:18 p.m. 143
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Motion failed 3-4-1. (Poehling, Bretoi, and Damiani voted in favor and Sutherland abstained) 145
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Commissioner Storberg stated that the Commission has a difficult time getting a quorum in July 147
and suggested canceling that meeting. 148
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MOTION by Commissioner Storberg, seconded by Commissioner Timm, to hold only two 150
meetings per year, in April and October. 151
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MOTION by Commissioner Timm, seconded by Commissioner Johnson, to amend the motion to 153
also hold a January meeting on years when new Commissioners are appointed. 154
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Further discussion: Chair Sutherland read language from the bylaws that state that four meetings 156
should be held in January, April, July and October. 157
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The amendment failed unanimously. 159
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The original motion failed 1-7-1. (Storberg voted in favor and Sutherland abstained) 161
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MOTION by Commissioner Timm, seconded by Commissioner Johnson, to make an exception 163
to the bylaws and schedule the next regular meeting of the Commission to the second Thursday 164
of October. 165
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Motion passed unanimously. 167
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Chair Sutherland noted that the next regular meeting will then take place on October 8, 2015 at 169
6:30 p.m. 170
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Michael Manthey commended the Charter Commission for their efforts and stated that he does 172
attend the Council meetings and work sessions. He stated there are other residents that are 173
opposed to the City Council and will be running against them. He stated that while the Council 174
may put restrictions on funding, the Commission members can still speak with their neighbors 175
and other residents in the community. 176
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MOTION by Commissioner Timm, seconded by Commissioner Damiani, to adjourn the meeting 178
at 7:30 p.m. Motion passed unanimously. 179
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Drafted by: Amanda Staple, TimeSaver Off Site Secretarial, Inc. 181