Jane McWilliams, LWV Observer
All councilors were present.
Carnegie Centennial Celebration: During the Presentation time at the beginning of the meeting, Andrew Carnegie (aka Jim Young) read the council resolution declaring 2010 the Carnegie Centennial Celebration year in Northfield. The resolution ( http://www.ci.northfield.mn.us/assets/p/Packet158.pdf ) outlines the history of the public library, which began in 1898 when the Hiram Scriver Library, established in 1885, became a tax-supported public library. Library Board Chair, Margit Johnson provided me a copy of the celebration press packet, attractive booklet containing information about the large number of events planned for the celebration.
Waterford Annexation Issue: There were a large number of residents of townships surrounding Northfield in the room, drawn by the flurry of reports over the weekend about the city staff’s presentation at the Waterford Township Board meeting last week. City Administrator Joel Walinski and Community Development Director Brian O’Connell had reported to the board the opinion of City Attorney Chris Hook that the 1980 Joint Resolution (annexation agreement) is no longer in force. In addition to the board’s reaction to this unanticipated report, there have been questions in the larger community about whether the conveyance of this opinion to the board came about as a result of improper consultation with and approval by the city council.
During the Public Comments time, and later when the council took up the annexation issue, residents of not only Waterford, but also other communities in the region, addressed the council. Bridgewater resident Leif Knecht urged that the city avoid confrontational postures, and that decision-making must be done in a careful, cooperative way that respects the people in the larger neighborhood. Dundas resident Bruce Morlan said “we’re part of a larger community” and we should use mediation before legal routes. Northfielder Victor Summa supported the comments. Four Waterford residents addressed the council during the deliberation of the motion to postpone an action for 30 days to allow Waterford to respond to Attorney Hood’s opinion. JB Dudley said the city’s treatment of the township is reminiscent of the US treatment of Native Americans and that he hoped Northfield will recognize their right of self-determination.
League of Women Voters President Jessica Peterson raised concerns about the communication and decision-making around the issue and reminded the council about the "absolute, non-negotiable importance of your decisions being made openly.” (Read the entire statement below.*)
With the above motion still pending, the staff provided 3 options for the council to consider:
- Take action to end future tax reimbursements provided for in the agreement after the December 2010 payment.
- End the tax payments immediately.
- Refer the matter to staff for more information before taking action.
Attorney Hood said that the overall agreement has legal deficiencies and recommended that the city stop any further reimbursements “as such payments are not authorized by law.” He suggested the city might want to consider “approaching Waterford Township regarding the development of long-term orderly annexation process…” (Full text of Hood analysis and opinion: http://www.ci.northfield.mn.us/assets/2/2010CCR008--ATTACH-1-Memo-re-Waterford.pdf )
The council discussed the concerns raised by the public and how to proceed. Councilor Betsey Buckheit noted that if we agree that the current agreement is no longer in force, we need to make a decision about payments and make a fresh start. O’Connell reviewed the process by which the Greenvale annexation agreement was achieved – staff negotiations using talking points designated by the council. After approving the motion, Mayor Mary Rossing outlined further issues:
- Whether or not to discontinue payments
- Affirm that agreement is null and void
- Do we want to create a new agreement?
- If yes, what would be the talking points?
- What would be the negotiating team? Staff/council representatives? Solely staff?
These will be put on a future work session. In the meantime, the council agreed to give Waterford 30 days for seeking legal assistance for responding to the Hood opinion.
Councilor Buckheit asked that the council discuss process, saying that the recent event raised a lot of questions and “started to look fishier as time went on.” She said there was no intent to be secretive. She wanted to discuss ways to avoid this in the future. Pokorney said it was the “farthest thing on my mind that I was breaking the open meeting law”, that he was just being informed of what the staff was going to do. Councilor Jon Denison and Buckheit said it was a mistake for Waterford to see the attorney’s opinion before the Northfield citizens did. On the other hand, Walinski said that staff had told Township Supervisor Dudley that they would keep the information confidential until it was presented to the township. Buckheit said that when it comes to presenting information about which we’re going to take action, council should see it first.
The discussion included concerns about what responsibility councilors have for notifying public about upcoming decisions. Rossing said that she would appreciate suggestions for positive change in the way council operates.
In other action, the council approved a process for Charter Commission appointments suggested in a letter from chief Judge Robert Benson who has final responsibility for appointments. Changes in the Economic Development Authority’s bylaws were affirmed. Walinski announced that the council’s strategic planning session will be held on Tuesday, January 26, 5-10:00 p. m. at the Hospital Board room.
The meeting ended at 9:40 p.m.
*Entire statement read by Jessica Peterson White, President of LWVNCF:
“ Since this new council and mayor took office, there has been an expressed commitment to openness and transparency in city government. The League of Women Voters shares these goals, and considers the encouragement of open government one of our most important responsibilities to our community.
After speaking with our League City Council observer, Jane McWilliams, with the City Administrator, Joel Walinski, and with others on the communication and decision-making surrounding your agreement with Waterford Township, I don’t believe anyone intended that business be done behind closed doors. It’s not for the League, at this point, to determine whether the Open Meetings law was violated. We have no disagreement with those who are suggesting that the city “move on” and ensure that things are done differently in the future.
But the League is here to remind you of the absolute, non-negotiable importance of your decisions being made openly. Even the appearance of a lack of transparency fosters distrust and suspicion, as we’ve seen this week, between our city and other units of government, and between you and your constituents. While in your individual conversations with the administrator, it may not have been quite clear whether you were acknowledging, approving, or supporting a document or a course of action, this is the sort of grey area that you, as our leaders, must be alert to. Your constituents want and need to hear discussion from each of you, here in the council chambers, on decisions like the one regarding Waterford township.
No one but you can take responsibility for ensuring that all your decisions are made in the public eye. League believes that strong leadership is always as open as possible, and shares information readily, except in the very few cases where you have an obligation to protect individuals through secrecy. We depend on each of you to show this kind of leadership, and to be watchdogs, along with us, of the public’s interests and understanding of the business of city hall. Your openness and that of your staff will be rewarded with the public’s trust.”
Jessica Peterson White
President
League of Women Voters Northfield – Cannon Falls
Comments
Jane : a subtle difference in the Charter commission appointments issue: The Judge asked in his letter, to have a process other than his appointment responsibility, presumably because of his distance from Northfield, and his lack of familiarity with its residents. He also asked for the city to verify the validity of applicants (I assume residence) and thirdly, asked for a "neutral entity" to rank and submit the applications.
The idea of the Mayor/Council appointing, ranking and approving came , as Mr. Walinski so clearly stated in the Charter Commission Friday meeting, within the phone call he had with the Judge.
Obviously we have no idea where that idea originated, with Mr. Walinski or the Judge. I personally doubt it was with the Judge, or he would have suggested such a process in his initial letter.
Then... who might a "neutral entity" be? I can think of no group except possibly the LWV.
It is certainly not the Council, given the remarks made by previous councilor Cashman to the then Charter Commission Chair, Alex Beeby, or the more recent adversarial comments by C's. Denison and Pokorney.
I find it unfortunate that this important issue came up on the same night as the Waterford conflict; I feel that Councilors had to pick and choose their 'fights'...