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HomeMy WebLinkAbout07-08-2010 Charter PacketLINO LAKES CHARTER COMMISSION AGENDA JULY 8, 2010 FOR JOINT MEETING WITH CITY COUNCIL 6:30 PM 1. Call to Order and Roll Call 2. Pledge of Allegiance 3. Open Mike / Public Comment Welcome Mayor and City Council to our Joint meeting Old Business Charter Agenda for Joint Meeting with City Council A. Charter Budget B. The unpaid bills from Attorney Marty D. Code of Conduct / Conflict of Interest E. Tax Cap Amendment New Business A. Road Improvements — How do we get there? (Council initiated agenda item) 1 a. Joint Subcommittee (Council initiated agenda item) Adjournment for Joint Meeting with Council 9:00 PM 6:30 PM Caroline Dahl Christopher Lyden Kelly Gunderson Chair Vice Chair Secretary MARTY LAW FIRM, LLC 3601 Minnesota Drive Suite 800 Bloomington, MN 55435 August 18, 2009 Invoice submitted to: Lino Lakes Charter Commission Caroline Dahl, Chair Telephone: 952-921-5859 e-mail: kmarty@ix.netcom.com Fax: 651-294-1026 4/7/09 Invoice submitted for last 3 months of 2008 $1126.65 5131/09 Payment received for end of 2008 -1126.65 2008 Sum still due $ 0.00 2009 Legal Services Rendered: Date Work related to city's audit Hours Fees 1/8/09 Spoke with Chair regarding recording meetings. Researched issue. 1/16/09 Researched data practices law issues. Sent response to Chair. 1/28/09 Reviewed emails regarding audit. 1.41 204.45 2/2/09 Spoke with Chair regarding data request. 2/3/09 Reviewed data request and data practices act. Spoke with Chair re same. 2/4/09 Responded to legal question. 2/25/09 Spoke with Chair regarding data practices. 1.92 278.40 3/13/09 Responded to additional questions about data practices. Researched law and opinions re same. 3/16/09 Sent requested information to Chair. Discussed audit with Chair. 3/18/09 Sent letter to audit attorney. 4.00 580.00 5/28/09 Received and read Work Session staff report pages 0.67 97.15 regarding the Charter commission audit. 6/1/09 Spoke with Chair about a„riit attorney memo. 0.42 60.90 Completed and sent response letter. 6/2/09 Researched public purpose law and cases regarding 1.17 169.65 expenditure of money in a campaign. 6/4/09 Completed research into spending public money and 3.17 459.65 public purpose. Sent information to Chair regarding that, additional legal analysis, and duty of the charter commission. Spoke with Chair re same. 6/5/09 Spoke with Chair about city council work session earlier 0.42 60.90 in the week 6/8/09 Listened to city council work session CD. Made notes 2.33 337.85 regarding what was said.. Checked charter cases regarding powers. Analyzed city council comments. 6/19/09 Read newspaper article. Responded to questions from 0.08 11.60 Chair. 6/23/09 Responded to questions about audit. 0.50 72.50 6/24/09 Read draft city council minutes. Sent corrections and 1 145.00 comments to the chair, relating to charter commission issues. Also responded to draft opinion piece re charter commission activities. 6/26/09 Edited and added comments to draft letter. 0.25 36.25 7/29/09 Received ball from a reporter. Read emails from the 0.08 11.60 Chair and responded to question. TOTAL related to city's audit: Date Work related to amending the Charter Hours $2525.90 Fees 4/20/09 Responded to questions about data practices and the .08 Internet. 6/23/09 Sent note re charter amendment 0.08 7/30/09 Responded to emails about preparing charter amendments 0.25 7/31/09 Spoke with Charter Commission member regarding 0.33 two proposed charter amendments. TOTAL related to amending the Charter MINUS payment received UNPAID for first half of 2009 11.60 11.60 36.25 47.85 1062.85 157035 Section 204A.01 204A.02 204A.03 204A.04 204A.05 204A.06 CHAPTER 204 CODE OF CONDUCT Procedures Disclosure Removal of influence Representation of interested party City employment Removal from office § 204A.01 PROCEDURES. Any elected official, city employee or agent appointed by the City Council, or any member of a committee or commission who has been appointed by the City Council or Mayor, who in ,-� the discharge of their official duties, would be required to take action or make a decision which could substantially affect the official's financial interest, or those of an associated business, unless the effect on the official is no greater than that on any other members of the official's business classification, profession or occupation, shall take the following action. (Prior Code, § 204A.01) (Ord. 14-95, passed 9-11-1995) § 204A.02 DISCLOSURE. Disclosure to the Council or chairperson, and other members of the commission of which they are a member, their participation in the matter, prior to the time the matter is considered by the Council, committee, or commission. (Prior Code, § 204A.02) (Ord. 14-95, passed 9-11-1995) § 204A.03 REMOVAL OF INFLUENCE. Remove themselves in the manner prescribed by the Council, or the chairperson of the committee or commission of which they are a member, from any consideration or influence over the action and decision in question. (Prior Code, § 204A.03) (Ord. 14-95, passed 9-11-1995) 1 § 204A.04 REPRESENTATION OF INTERESTED PARTY. Not appear before the Council or committee or commission of which they are a member, on their own behalf, or as a representative for any other person, firm, corporation, partnership, or association, operated either for profit or non-profit. (Prior Code, § 204A.04) (Ord. 14-95, passed 9-11-1995) § 204A.05 CITY EMPLOYMENT. No member of the City Council shall accept any employment, except as a Council member, with the city. (Prior Code, § 204A.05) (Ord. 14-95, passed 9-11-1995) § 204A.06 REMOVAL FROM OFFICE. Any officer, employee, agent member of a committee or commission who intentionally violates the provisions for this section can be removed as an officer, employee, agent, or member of a committee or commission by a majority action of the entire City Council, after a hearing held by the Council, pursuant to written charges, and at least 10 days personal notice, or in the event the individual cannot be served after due diligence, by 10 days published notice, or both. (Prior Code, § 204A.06) (Ord. 14-95, passed 9-11-1995; Am. Ord. passed 10- -1995) 2 SECTION XXX CODE OF CONDUCT. XXX.XXX. Purpose. The city council of the city of Lino Lakes confirms its determination that standards of professionalism, ethics, and will of the people be adhered to among its members, as well as appointed and hired officials and employees of the City. The standards of conduct set forth below are intended to serve as a guideline for the members of the city council and others in carrying out their duties, as referenced in the Lino Lakes City Charter, Chapter XII, Section 12.03, Code of Conduct. By eliminating conflicts of interest and providing a guide for conduct in city matters, the city council upholds that it is essential that the public have trust and confidence in the integrity and transparency, and to encourage its citizens to serve on its council and commissions. The residents and businesses of Lino Lakes are entitled to have fair, ethical and accountable local government. Such a government requires that public officials: • Comply with both the letter and the spirit of the laws and policies affecting operations of the government. • Be independent, impartial and fair in their judgment and actions. • Use their public office or position for the public good, not for personal gain. • Conduct public deliberations and processes openly, unless legally confidential, in an atmosphere of respect and civility. XXX.XXX. Standards of Conduct. 1. Act in the Public Interest Recognizing that stewardship of the public interest must be their primary concern, council members shall work for the common good of the people of Lino Lakes and not for any private or personal interest, and they will endeavor to treat all persons, claims and transactions in a fair and equitable manner. 2. Comply with the Law Council members shall comply with the laws of the nation, the State of Minnesota and the City in the performance of their public duties. These laws include, but are not limited to: the United States and Minnesota constitutions; the Lino Lakes City Charter; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities and open processes of government; and City ordinances and policies. 3. Conduct of Members Council members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of the City council, boards, commissions, committees, staff or the public. Council members shall support the maintenance of a positive and constructive environment for residents, businesses and City employees. 4. Conduct of Public Meetings Council members shall inform themselves of public issues, listen attentively to public discussions before the body and focus on the business at hand. Council decisions shall be based upon the merits and substance of the matter at hand. 5. Compensation or Reimbursement A council member or member of any board or commission may accept compensation or expense reimbursement for the performance of the person's public duties only from the sources listed below. A council member or member of any board or commission must not solicit or accept, and a person must not offer or pay to a public official or employee, compensation or expense reimbursement for the performance of the person's public duties from any source other than: a. compensation and expenses paid by the city; b. compensation and expenses from other employment, if the person happens to conduct public business while being paid for the other employment and if the other employment does not interfere with, influence, or compromise the person's public position; and c. compensation and expenses paid by another governmental agency or municipal association to a council member or member of a board or commission who serves as a city representative for that agency, but only if the city does not also pay the person for the same activity. 6. Contract or Proprietary Interest A council member or member of any board or commission must not enter into a contract with the city of Lino Lakes, unless authorized by law. A council member or member of a board or commission who has a proprietary interest of 10 percent or more in an agency doing business with the city must make known that interest in writing to the city council and the city clerk. 7. Public Data Disclosure and Privacy A council member or member of a board or commission must not disclose to the public, or use for the private gain of self or others, information that was gained by reason of the official's public position and that is not public data. Further, a council member or member of a board or commission must not disclose information received, discussed, or decided in conference with the council's or board's attorney that is protected by the attorney/client privilege, unless a majority of the council or board has authorized that disclosure. It is the responsibility of council members or member of a board or commission to publicly share substantive information that is relevant to a matter under consideration that they have received from sources outside of the public decision-making process with all other Council members or member of a board or commission. Council members or member of a board or commission shall respect and preserve the confidentiality of information provided to them concerning the confidential matters of the City. They shall neither disclose confidential information without proper legal authorization nor use such information to advance their personal, financial or private interests. 8. Coordination with City Staff Appropriate City staff should be involved when council members or member of a board or commission meet with officials from other agencies and jurisdictions to ensure proper staff support as needed and to keep staff informed. 9. Conflict of Interest In order to assure their independence and impartiality on behalf of the public good, council members or member of a board or commission shall not use their official positions to influence government decisions in which they have a financial interest or where they have an organizational responsibility or a personal relationship that would present a conflict of interest under applicable State law. Except as permitted by law, a council member or member of a board or commission must disclose a potential conflict of interest for the public record and refrain from participating in the discussion and vote, when a matter comes before that person that: a. affects the person's financial interests or those of a business with which the person is associated, unless the effect on the person or business is no greater than on other members of the same business classification, profession or occupation; or b. affects the financial interests of an organization in which the person participates as a member of the governing body, unless the person serves in that capacity as the city's representative. 10. Gifts and Favors Council members or member of any board or commission shall not take advantage of services or opportunities for personal gain by virtue of their public offices that are not available to the public in general. They shall refrain from accepting gifts, favors or promises of future benefits that might compromise their independence of judgment or action or give the appearance of being compromised as prohibited by state law. 11. Use of Public Resources A council member or member of any board or commission must not use public money, time, personnel, facilities, or equipment for private gain or political campaign activities except when: a. the use is required or authorized by law; or b. the use is no greater than that allowed for members of the general public. This paragraph does not prohibit correspondence at any time to individual residents in response to the resident's specific inquiries, or general surveys of residents that are conducted before the time of filing for candidacy for elective office. 1 2a. Representation of Private Interests In keeping with their role as stewards of the public trust, council members or member of a board or commission shall not appear on behalf of the private interests of a third -party before the City council or any board, commission or committee or proceeding of the City. 12b. Advocacy To the best of their ability, council members or member of a board or commission shall represent the official policies and positions of the body. When presenting their personal opinions or positions, members shall explicitly state that they do not represent the council or the City. A council member or member of a board or commission must not act as an agent or attorney for another before the city council or a board or commission in a matter where a conflict of interest exists or may exist. 13. Improper Influence A council member or member of any board or commission must not use the official position to secure special privileges or exemptions for the person or others. Council members shall refrain from using their position to improperly influence the deliberations or decisions of City staff, boards, commissions or committees. 14. Intentional Violation of Provisions A council member or member of any board or commission must not intentionally violate a provision of the city charter or the city ordinances. Council members shall respect and adhere to the council -Administrator structure of Lino Lakes City government as provided in State law and the City Charter. XXX.XXX Implementation City council members shall sign this personal code of conduct at the first council meeting in January each year as a symbol of each council member's continuing commitment to abide by the principles of this code. Code of Conduct standards shall be included in the regular orientations for City council candidates or potential members of any board or commission or city staff. Council members entering office shall sign this statement affirming they read and understand the Lino Lakes City Code of Conduct. XXX.XXX. Disclosures. All City officials shall take an oath upon assuming office, pledging to uphold the Home Rule Charter and laws of the City, the State and the Federal government. As part of this oath, officials commit to disclosing to the appropriate authorities and/or to the City council any behavior or activity that may qualify as corruption, abuse, fraud, bribery or other violation of the law. Within 30 days after taking the oath of office or being appointed to a position, each council member and member of a city board or commission must file a report with the city clerk, on a form prepared by the clerk, which contains the information specified below for the preceding year. Subsequently, each person must file a supplemental report on the first day of February of each year in office and within 30 days after any change in information provided under paragraph 5. The information must be for the individual, the individual's spouse, and all minor children (collectively referred to below as "person"): a. a business entity in which the person is an officer, director, member, or employee, and the position held; b. a business entity in which the person has an ownership interest, either legal or equitable, greater than 5 percent; c. sources of income, compensation, fees, or commissions that are received from employment, for services rendered, or from pensions, except the employment of minor children; d. non-profit organizations in which the person serves on the governing body, and the position held, except if serving in that capacity as the city's representative; and e. real property within the city owned by the person or in which the person has a beneficial interest and that has an assessed valuation in excess of $10,000. The person's homestead need not be included. The term "business entity" includes any business, proprietorship, firm, partnership, person in representative or fiduciary capacity, association, venture, trust or corporation. Compliance and Enforcement Council members themselves have the primary responsibility to assure that ethical standards are understood and met and that the public can continue to have full confidence in the integrity of City government. This code of conduct shall be considered to be the definitive document relating to ethical conduct by Lino Lakes council members or member of any board or commission. XXX.XXX. Compliance and Enforcement. The council may hold a hearing after receiving a written complaint questioning adherence to these principles or alleging a conflict of interest or failure to file a required disclosure statement, or on the council's own volition. At the hearing, the person accused must have the opportunity to be heard. A hearing will be held only if the city council determines (1) upon advice of the city attorney, designee or other attorney appointed by the council, that the allegations rise to the level of a violation of these principles or to the level of a legally -recognized conflict of interest, and (2) that the complaint has been lodged in good faith and not for impermissible purposes such as delay. If after the hearing, the council finds that a conflict of interest, failure to file a required disclosure, or violation of these principles does exist, the council may take whatever action it deems appropriate, including referring the matter for criminal prosecution, imposing a civil penalty not exceeding $2000 per violation, directing an official not to participate in a decision, or removing an appointed member of an advisory board or commission from office. A council member or member of a board or commission must not participate in a decision if the council prohibits the participation. I affirm that I have read and understand the City of Lino Lakes City council Code of Conduct. Signature Date CODE OF CONDUCT Purpose To establish a code of conduct and associated remedies that council members agree to abide by in carrying out their duties as elected officials. This code of conduct does not supersede any existing or future statutory or constitutional rights, but simply outlines appropriate council expectations, behavior and interactions with each other, city staff, citizens and all other groups encountered as a result of city business, so as to efficiently and effectively develop and carry out the mission, vision, goals and established policies of the city. Roles/Responsibilities Meetings — By Charter, the mayor presides over meetings of the city council. Speakers, including council members, do not speak until recognized by the mayor. Act in the Public Interest — Recognizing that service to our citizens must be our primary concern, council members shall work for the common good of the people of Lino Lakes and not for any private or personal interest. Council members will treat all persons, claims and transactions in a fair and equitable manner. Preparation — Council members are expected to be prepared for city council meetings and work sessions. Agenda Preparation — The city administrator directs preparation of draft meeting agendas. The final agenda is determined by the city council prior to the meeting. At the council meeting, agenda items may be added or deleted by council members per procedures established in the city code. Conduct of Members Staff Direction — The mayor and city council members direct city staff, contract employees and consultants only through the city administrator, as determined by majority vote. At work sessions, the mayor will state the concerns of the council or specific directions provided by the council to the staff. The city administrator will request further clarification if he feels it is required so that there is a clear understanding of what the council's expectations are in terms of the actions to be taken by staff. Respect for Staff Time — If a council member is utilizing an inordinate amount of staff time, the city administrator is required to bring this to the attention of the city council for resolution. Interactions — Council members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of the city council, boards, commissions, committees, staff or the public. Respect for Process — Council member duties shall be performed in accordance with the �"1 processes and rules of order established by the city council. Use of Public Resources — Public resources not available to the general public (e.g., city staff time, equipment, supplies or facilities) shall not be used by council members for private, personal or political purposes. Advocacy — To the best of their ability, council members shall speak with one voice in representing the official policies and positions of the city council. When presenting their personal opinions or positions, members shall explicitly state that they do not represent the council or the city. Improper Influence — Council members shall refrain from using their position to improperly influence the deliberations or decisions of city staff, boards, commission or committees. Positive Work Environment — Council members shall support a positive, efficient and effective environment for residents, businesses and city employees. Steward of City Funds — When the end of a council member's service on the city council has been determined by means of not seeking re-election, resignation, or the results of an election, that council member shall not subject the city to unnecessary travel and/or tuition costs. Communication Sharing of Information — It is the responsibility of council members to publicly share information with all other council members that they have received from sources outside of the public decision-making process, which pertains to a topic under consideration. Whenever possible, new information or data obtained by council members, pertinent to a topic being discussed, will be distributed through the city administrator to the city council members. Upon reviewing the "new information" the council may adopt a motion to postpone further consideration of the information until all members have had time to review and interpret this new information. Focused Discussions — Council members shall work to keep discussions and debates focused on the item under discussion without introducing extraneous or irrelevant information. Request for Information- All council members shall receive the same information at the same time when deemed ready for distribution by staff. If an elected official requests information in advance of others on the city council, the matter shall be resolved by a majority of the city council. Coordination with City Staff — City staff should be involved when council members meet with officials from other agencies and jurisdictions to ensure proper staff support as needed and to keep staff appropriately informed. Citizen Questions — Elected officials should refer questions and concerns from citizens to the city administrator or appropriate department director. City staff should report back to the city council on the resolution of the referral. Confidential Information — Council members shall respect and preserve the confidentiality of non-public, protected non-public, private, and confidential information provided to them concerning matters of the city. They shall neither disclose confidential information without proper legal authorization nor use such information to advance their personal, financial or private interests. Notice of Attendance — If any council member has knowledge or reason to believe that there will be a large or emotional attendance at an upcoming council meeting or work session, they have an obligation to inform the city administrator as soon as they become aware of the potential situation. Implementation Orientation — This Code of Conduct shall be included in the regular orientations for new city council members. Following each election, the new council shall, by resolution of its elected members, adopt a city council code of conduct. Compliance and Enforcement — Council members themselves have the primary responsibility to assure that the code of conduct is understood and followed and that the public can continue to have full confidence in the integrity of the Lino Lakes city government. Remedies It is the responsibility of the city council to police its members. When inappropriate behaviors are observed, any member of the council can intervene. If inappropriate behavior is observed, the city council will discuss the behavior at a council work session. By direction of the council, it will be determined whether: a. A letter is sent to the offending council member stating that they have been found operating outside the established code of conduct, requesting them to correct the behavior identified as inappropriate; or b. The council member is formally sanctioned by resolution at a council meeting. Resolution 06-58 adopting this Code of Conduct was adopted by the Lino Lakes City Council on April 10, 2006. John Bergeson, Mayor City of Lino Lakes 2010 Adopted Tax Levy General Fund Levy Special Levy - PERA Contribution Adopted Adopted Adopted 2008 2009 2010 7,864,704 38,418 8,247,178 47,994 7,768,238 47,994 7,903,122 8,295,172 7,816,232 Special Levy - Target/Kohls Abatemt 70,114 Special Levy - Legacy/YMCA Abatemt 2006C 42,443 112,557 Debt Levy Certificate of Indebtedness 2005 40,404 - Certificate of Indebtedness 2006 122,603 120,698 Certificate of Indebtedness 2007 66,990 62,948 60,349 Certificate of Indebtedness 2008 82,975 81,732 Certificate of Indebtedness 2009 126,840 Civic Complex Bond 1998A ** 191,213 126,788 Public Project Revenue Bond 1999C 109,557 104,570 Taxable G.O. Imp Bond 2003B 20,741 19,534 23,524 G.O. Improvement Bond 2005A - G.O. Improvement Refunding Bond 2005B 108,041 113,482 124,176 G.O. Tax Abatement Bond 2006C 66,148 108,591 140,091 G.O. CIP Refunding Bond 2006E ** 125,580 209,580 322,470 Total Debt Levy 851,277 949,166 879,182 Total Levy 8,866,956 9,244,338 8,695,414 ** Is decreased by School District lease B-7 LEAGUE OF MINNESOTA CITIES CONNECTING & INNOVATING SINCE 1913 How to estimate your 2011 levy limit Updated 5/21/2010 • Again for 2011 levy limits will only be in effect for cities over 2,500 population. Under current law, levy limits expire after 2011. • The language on levy limits is contained in Chapter 275 of Minnesota statutes. • Slight changes to the levy limit law were made during the 2010 session: HF3729 and Chapter 215. • The final inflationary increase percentage will NOT be known until later this summer. • The Dept. of Revenue will be certifying levy limits by Sept. 1, 2010. Cities must indicate to the Dept. using the PT280 form which special levies they are intending to use by Sept. 30, 2010. Step 1: Start with your city's adjusted levy limit base for pay 2010 (note that starting with the adjusted levy limit from last year means that any unused levy authority is retained going forward for your city). You can arrive at this figure by adding your maximum allowable levy (the limited piece) for payable 2010 to your certified 2010 LGA, 2010 taconite aid (f applicable), 2010 wind energy production tax (if applicable) and your 2010 utility valuation transition aid (if applicable). This is your city's levy limit base. Step 2: Multiply your levy limit base by 1.68% (the levy limit law says the inflationary increase is the lesser of 3.9% OR the change in the implicit price deflator (IPD) for local governments). The 2010 legislature clarified that the change cannot be less than zero percent. The most recent data (May 2010) on the IPD factor from the Bureau of Economic Analysis shows the change in the deflator at 1.68 percent. [NOTE: this is NOT the final IPD figure that will be used; DOR will use the most recent data available—likely from June—when it calculates levy limits]. Step 3: Multiply the result of Step 2 by 1 plus one-half of the percentage increase, if any, in the number of households in your city over the last year. Step 4: Multiply the result of Step 3 by 1 plus one-half of the percentage increase in the total taxable market value for all kinds of property as a result of new construction of just commercial and industrial (CI) property. (This adjustment only applies, in other words, fyour total taxable market value increased AND you had new CI construction). The result is your adjusted levy limit base for pay 2011. Step 5: From your adjusted levy limit base for 2011, subtract your 2011 certified LGA (if applicable), your 2011 taconite aid (if applicable), your 2011 wind energy production tax (if applicable), and your 2011 utility valuation transition aid (if applicable). The 2010 Legislature confirmed and clarified that certified aid amounts are to be used in the calculation. At this point, 2011 LGA amounts are estimates only (see spreadsheet on LMC website). Certified aid amounts for 2011 will be announced by DOR in July 2010. The result is your 2011 levy limit. See the following pages for detailed information on special levies for pay 2011. 145 UNIVERSITY AVE. WEST PHONE (651) 281-1200 FAX: (651) 281-1299 ST. PAUL, MN 55103-2044 TOLL FREE= (800) 925-1122 WEB: WWW.LMC.ORG League of Minnesota Cities How to estimate your 2011 levy limit Page 2 Special Levies for 2011 There are several special levies allowed beyond this levy limit. Below is a list of the most frequently used "special levies." Those marked with an "*" are special levies that cities can use for the first time for payable 2011. For a complete list of special levies, see MS 275.70. subd 5. • *Levies to recover 2010 LGA cuts in ratified unallotments • *Levies to recover 2010 MVHC reimbursement cuts in ratified unallotments • *Levies to recover 2010 LGA cuts in supplemental budget passed by 2010 legislature • *Levies to recover 2010 MVHC reimbursement cuts in supplemental budget • *Levies to recover 2011 MVHC reimbursement cuts in supplemental budget • Levies for bonds and most certificates of indebtedness. • Voter approved levies. • Levies to pay for federal or state matching requirements. • Levies for natural disaster recovery. • Levies for property tax abatements. • Levies for increases in PERA employer contributions. • Levies to repay a federal or state loan for a transportation or capital project. • Levy increases to fund police and firefighter relief associations. • Levies related to foreclosure costs • Levies for police and firefighter wage and benefit costs. Example of how to estimate the levy limit Information needed for calculation: ✓ Pay 2010 adjusted levy limit base = $900,000 = levy limit base for pay 2011 ✓ Percent change in number of households over last year = 2% ✓ Percent change in total market value of all property types as a result of new construction of commercial/industrial property= 0% ✓ 2011 estimated LGA= $3,250 ✓ 2011 taconite aid= $0 ✓ 2011 wind energy production tax= $0 ✓ 2011 utility transition aid = $0 Calculation: Step 1: $900,000 Step 2: $900,000 x 1.68%= $915,120 Step 3: $915,120 x (l +half of 2%) _ $915,120 x 1.01 = $924,271 Step 4: $924,271 x (1+0) = $924,271 x 1 = $924,271 (adjusted levy limit base for pay 2010) Step 5: $924,271 — $3,250 — 0 — 0 - 0 = $921,021 (2011 levy limit) For more information about levy limits, contact the following League of Minnesota Cities staff: Gary Carlson Jennifer O'Rourke Rachel Walker Director of Intergovernmental Relations Intergovernmental Relations Policy Analysis Manager (651) 281-1255 or (800) 925-1122 Representative (651) 281-1236 or (800) 925-1122 ecarlsona hne.u;,_ (651) 281-1261 or (800) 925-1122 iwalken'a i c.o g jorourkeallmc.ora League of Minnesota Cities How to estimate your 2011 levy limit Page 3 FAQ: 2011 Special Levies Q: Are there special levies that we should consider for the first time? A: Yes. There are several special levies that cities can take advantage of for the first time. These are special levies to allow cities to recoup the amounts of LGA and/or MVHC reimbursement that were unalloted by the Governor AND the amounts of LGA and/or MVHC reimbursement that were cut by the Legislature in the supplemental budget bill of 2010 Q: If we used a special levy in 2010, do we have to use it again in 2011? A: Technically, the answer is no. However, the Department of Revenue makes adjustments to your levy limit base once you start using a special levy (i.e. your base is reduced). If you opt to stop using a special levy, the Department will NOT restore your base. Therefore, it is in the city's best interest to continue to use a special levy once it starts. Q: Do we have to use special levies? A: No. They are optional, keeping in mind the answer above. If your city is going to use one or more special levies for the first time in 2011, there may be special calculations you need to do in order to estimate your levy limit base (see below). Q: If we use special levies for the first time for pay 2011, what information do we need to provide to DOR? A: For most of the allowed special levies, the Dept. of Revenue needs baseline data. When you decide to start using a given special levy, the Department will use the information provided by cities on the property tax levy report. This report was due to the Department in December of 2009. If you are concerned that your city's report was incomplete or inaccurate for any reason, you need to contact the Department in order to work with them on calculating an accurate baseline. Cities will need to submit form PT280 by September 30th to the Dept. of Revenue. That form indicates which special levies a city intends to use. Q: Do we need to submit any forms to the Dept. of Revenue? A: Yes. Cities will need to submit form PT280 by September 30th to the Dept. of Revenue. That form indicates which special levies a city intends to use. Q: Should we use special levies? A: It depends. The use of special levies is optional. Keep in mind that the inflationary increase on the limited levy is just 1.68% (note that this figure will be finalized in early July using the data available at that time and may change slightly). If you are going to see an increase of less than the inflationary increase PLUS the other 2 percentage adjustments for household growth and commercial -industrial growth in a category of spending that could be a special levy, it may be of more benefit to NOT treat that category as a special levy. This way, you retain those dollars in the calculation of your levy limit base. League of Minnesota Cities How to estimate your 2011 levy limit Page 4 Q: Where does the household data come from for calculating levy limits? A: The state demographer and Metropolitan Council will certify population and household counts to the Dept. of Revenue by July 15. Q: Where does the commercial/industrial new construction data come from? A: Data on new construction of C/I property is available from the 2009 Fall Mini Tax Abstract from the Dept. of Revenue. Total taxable market value for all property types in a city will be available on the 2010 Abstract of Tax Lists in July. Q: How is new construction within TIF districts or within JOBZ areas handled in the levy limit calculations? A: Levy authority is adjusted for a portion of the percentage increase in total taxable market value as a result of new construction of commercial/industrial property. New construction of C/I property within TIF and JOBZ areas will count in the calculation of this adjustment. Select Special Levies Allowed for Taxes Payable 2011 A table listing several of the special levies allowed in the levy limit law is below. For each of these special levies, the table makes note of whether or not cities that are using the special levy for the first time must back out the entire 2010 levy amount for a given special levy in order to calculate the levy limit base. The table also includes additional information on some of the more complex special levies. DOR will issue highly detailed instructions on special levies when it sends out the PT280 forms. Special Levy If city will use this special levy FOR THE FIRST TIME in 2011, does city need to subtract entire 2010 amount from levy limit base calculation? Notes Unalloted (ratified) 2010 LGA or MVHC cuts No. Supplemental cuts to 2010 LGA or MVHC No. Cuts to 2011 MVHC No. Costs attributable to police/fire wages and benefits YES. The special levy is the entire amount—not just the change. If you contract with another city or county for police services, you need to ask the provider for documentation as to the portion of contract costs that go to cover wage/benefits. Then, you need to determine the amount of levy you have used/will use to cover that part of the contract cost. Levies for bonds and most certificates of indebtedness YES. The special levy is the entire amount—not just the change. If a city issued an emergency debt certificate to recover from aid and credit cuts rather than using the special levy for a similar purpose. it must use this special levy to pay the certificate back. not the aid or credit cut special levy League of Minnesota Cities How to estimate your 2011 levy limit Page 5 Special Levy If city will use this special levy FOR THE FIRST TIME in 2011, does city need to subtract entire 2010 amount from levy limit base calculation? Notes Levies approved via voter referendum YES. The special levy is the entire amount—not just the change. Levies to fund matching requirements for federal or state grants Yes—the special levy is for the change since 2001 only. To the extent that matching requirement exceeds requirement in 2001 or it is a new requirement that didn't exist prior to 2002 Levies to pay expenses incurred in preparing or repairing the effects of natural disaster YES. The special levy is the entire amount—not just the change. There is also a separate application to DOR Commissioner. Levies for property tax abatements YES. The special levy is the entire amount—not just the change. Levies for increases in PERA employer contribution rates or for locally administered plans effective after 6/30/01 YES—the special levy is for the change since 2001 only. Cities cannot use a special levy for PERA rate increases if they are accounting for those rate increases as part of the police/fire wages and benefits special levy and vice versa. No double counting is allowed. Levies to repay state or federal loan used to fund spending on transportation or other capital project YES. The special levy is the entire amount—not just the change. Levies to fund police and firefighter relief associations. YES. The special levy is the entire amount—not just the change. Levies to pay costs incurred for securing, maintaining, or demolishing foreclosed or abandoned residential properties YES. Requires separate application to DOR commissioner. City must meet threshold: foreclosure rate of at least 1.4% in 2007 OR foreclosure rate in 2007 in city or zip code area of city that is at least 50% higher than average metro foreclosure rate. Foreclosure rate is number of foreclosures in sheriff sales records divided by number of households in 2007. League of Minnesota Cities How to estimate your 2011 levy limit Page 6 Examples of how to estimate your city's levy limit Example 1: City has small debt levy (also had for pay 2010) Information needed for calculation: ✓ 2010 adjusted levy limit base = levy limit base for pay 2011 = $900,000 ✓ Percent change in number of households over last year = 2% ✓ Percent change in total market value of all property types as a result of new construction of C/I = 0% ✓ 2011 estimated LGA= $3,250 ✓ 2011 taconite aid= $0 ✓ 2011 wind energy production tax= $0 ✓ 2011 utility transition aid = $0 Calculation: Step 1: $900,000 Step 2: $900,000 x 1.68%= $915,120 Step 3: $915,120 x (1+half of 2%) _ $915,120 x 1.01 = $924,271 Step 4: $924,271 x (1+0) = $924,271 x 1 = $924,271 (adjusted levy limit base for pay 2010) Step 5: $924,271 - $3,250 - 0 - 0 - 0 = $921,021 (2011 levy limit) Example 2: City uses police/fire wage and benefit cost special levy (for 1st time in pay 2011) Information needed for calculation: ✓ 2010 adjusted levy limit base = pay 2011 levy limit base = $125,000 ✓ 2010 levy for police/fire wage and benefit costs = $35,000 (treat as if it would have been a special levy) ✓ Percent change in number of households over last year = 3% ✓ Percent change in total market value of all property types as a result of new construction of C/I = 1% ✓ 2011 estimated LGA= $3,250 ✓ 2011 taconite aid= $0 ✓ 2011 wind energy production tax= $0 ✓ 2011 utility transition aid = $0 Calculation: Step 1: $125,000 Step 2: $125,000 - $35,000 = $90,000 Step 3: $90,000 x 1.68%= $91,512 Step 4: $91,512 x (l+half of 3%) _ $91,512 x 1.015 = $92,885 Step 5: $92,885 x (l+half of 1%) = $92,885 x 1.005 = $93,349 (adjusted levy limit base) Step 6: $93,349 - $3,250 - 0 - 0 - 0 = $90,099 (2011 levy limit) 2008 TAX COMPARISION AMONG SI city rate school tax 31.39 17.42 $lame 31.57 29.14 Centerville 45.81 Chaska 19.18 1 Cottage grove 35.12 on 43.01 ILAR DEVE _OPING METRO COMMUNITIES ** 30,98 $326.53 $18,: `' t ,317 56,575 $333.89 3,839 ` $517.23 23,775 $181.42 Farrington (Forest lake Hugo Lake elmo Linowhec� Prior lake Rosemount St. pawl park victoria ''aconin 16 -city averages 16 -city totals i vs. -15.52% 13 33.81% -53.06'' -6.71% 37.52% 23.45% 1.04% 11.68% -17.85% w1 -2.13% 38.34% -31.22% 6'9.15% 29.44 34.19 20.55 4 16.11 18.45 74.39 80.3 69.E ,078 $6,832,461 89 507 2,597,984 113 364,208 $11,184,627 $1,420,711 37.15 32.59 32.37 ` 111 28.96 103.06 27.10 17,494 12,022 8.182 $477.17 $390.56 $431.67 $317.52 20,917 $534.71 5.344 $265.85 $4,138 ,682 6,330 $65382 9,701 $413.09 $4,007,385 $386.53 6.87% 0. * Average annual rec nstruction expense of $2,187,500 (per PMRfinancing plan, pringsted) levy amount to account for proposed reconstruction expenses, beginning an ongoing process. Below are Lino Lakes' numbers without the normalization, for reference: A67,213 19 added to the rce: League innesota Cities, Metropolitan C( City of Lino Lakes: Population vs. Total Tax Levy Sources: Metropolitan Concil, Comprehensive Annual Financial Reports, City of Lino Lakes Year 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 Population Total Tax Levy 15,053 $ 2,889,626 15.760 $ 3,699,918 16,791 $ 4,187,526 17 380 $ 4,766,240 17942 $ 5,902,158 18,368 6,124,621 18,725 $ 6,550,620 19,698 $ 7,269,302 19,736 $ 7,976,907 19.851 $ 8,456,328 19987 $ 8,868,213 Year % Chg Population % Chg Tax Levy 1998 , 2008 32.8% 206.9% Year % Chg Population % Chg Tax Levy 1998 1999 4 7% 28.0% 2000 6% 13.2% 2001 3 5% 13.8% 2002 3.2% 23.8% 2003 : 4 % 3.8% 2004 ^ 9 % 7.0% 2005 5 2 % 11.0% 2006 0.2% 9,7% 2007 06°1. 6,0% 2008 0 7% 4.9% 25,000 20000 15,000 10,000 5,000 -- $10,000,000 — $9,000,000 $8,000,000 — $7,000,000 $6,000,000 1998 1999 2000 2001 2002 2003 2004 2005 Population f - Total Tax Levy 2006 2007 2008 $5,000,000 $4 ,000,000 $3,000,000 $2,000,000 $1,000,000 $- DATA YOY% Population Change 1998 15053 1999 15760 4.49% 2000 16791 6.14% 2001 17380 3.39% 2002 17942 3.13% 2003 18368 2.32% 2004 18725 1.91% 2005 19698 4.94% 2006 19736 0.19% YOY % Tax Levy Change $ 2,889,626 $ 3,699,918 21.90% $ 4,187,526 11.64% $ 4,766,240 12.14% $ 5,902,158 19.25% $ 6,124,621 3.63% $ 6,550,620 6.50% $ 7,269,302 9.89% $ 7,976,907 8.87% 25.00% 20.00% m m c 0 V 15.00% "a m 2 w m 10.00% 8 • a 5.00% 0.00% Year over Year % of Change 1999 2000 2001 2002 2003 2004 2005 2006 • Population ■ Tax Levy 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Charter Commission January 14, 2010 Page 1 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS EXCUSED MEMBERS UNEXCUSED STAFF MEMBERS PRESENT OTHERS PRESENT: FINAL DRAFT CITY OF LINO LAKES CHARTER COMMISSION January 14, 2010 6:40 P.M. 9:50 P.M. Bretoi (departs at 8;30pm), Carlson, Dahl, Gunderson, Lyden, Penn, Storberg, Trehus, Turcotte, Williams, Minar (arrived at 7:28pm), Sutherland (arrived at approx. 8:OOp) Drennen, Stockman Maher, Zastrow None Julie Bartell, City Clerk John Sullivan CALL TO ORDER AND ROLL CALL Chair Dahl called the meeting of the Lino Lakes Charter Commission to order at 6:40 pm. on January 14, 2010. PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA Commissioner Carlson added item 7A: City Council meeting from January 11, 2010. OPEN MIKE No one was present for open mike. APPROVAL OF MINUTES Commission viewed the draft minutes from the October 8, 2009. Commissioner Trehus stated that line 145 needed to be removed, as he did not state the question listed. MOTION by Commissioner Trehus, seconded by Commissioner Carlson, to approve the minutes of October 8, 2009, as amended. Motion passes with Commissioners Lyden, Turcotte and Penn abstaining. The Commission then viewed the draft minutes from December 3, 2009. The time of the meeting ended was entered as 8:40pm. At line 59, Commissioner Lyden's name needed to be added as the person who made the statement. Line 77 the word "out" needs to be replaced with "how". Charter Commission January 14, 2010 Page 2 46 47 Line 106 and 107 needs to be amended Commissioner Trehus stated that there is an issue with 48 draft language pertaining to conflicts of interest. Commissioner Trehus also stated that the City 49 Council may be in conformance with section 12.03 of the City Charter. 50 51 Line 122 needs to be corrected as motion made by "Vacha" and seconded by "Aldentaler" at 52 "8:40pm." 53 54 MOTION by Commissioner Lyden, seconded by Commissioner Gunderson, to approve the 55 minutes of December 3, 2009 as amended. Motion passes with Commissioners Turcotte and 56 Penn abstaining. 57 58 59 INTRODUCTION OF NEW COMMISSIONERS 60 Margaret Penn and Shawn Turcotte are introduced as the newest members of the Charter 61 Commission. 62 63 Commissioner Penn stated that she has lived in Lino Lakes for 21 years. She holds dual 64 citizenship as she was born in Canada and became a United States citizen in 2000. She is a 65 Management Consultant for a personnel consulting firm. She is very interested in learning more 66 about the Commission. 67 68 Commissioner Turcotte is a union ceramic tile setter. He has a large interest in local government 69 and is excited to be a member of the commission. 70 71 NEW LAW: Contact information of commissioner contact information becomes public 72 Julie Bartell explained a new law that recently went into effect that all members of any public 73 board must have contact information made public. Ms. Bartell stated the public information of 74 the Commission will not listed on the city's website. 75 76 Commissioner Gunderson asked Ms. Bartell if the City Council has looked into making e-mail 77 addresses for themselves public. 78 79 Commissioner Storberg asked about the status of a permanent City Administrator. Ms. Bartell 80 said the Council was continuing the process of searching for a permanent Administrator. 81 82 OLD BUSINESS 83 84 A. Code of Conduct 85 Commissioner Sutherland was not available at this point of the agenda for an update. 86 MOTION by Commissioner Penn, seconded by Commissioner Carlson to table the update until 87 April meeting. Motion passes unanimously. 88 89 Charter Commission January 14. 2010 Page 3 90 B. Update on Possible Charter Amendments 91 i. Tax Cap 92 Commissioner Sutherland was not available for an update. 93 94 ii. Powers of Charter Commission 95 Commissioner Trehus stated there was no update. 96 97 iii. Televised Meetings 98 Chair Dahl stated that at the November 2, 2009 City Council work session, the Council decided 99 to immediately begin televising the "Open Mike" part of City Council meetings. Further, Chair 100 Dahl stated that Councilmember O'Donnell suggested that the Council members take a cut in pay 101 to cover the costs to televise the work sessions of the City Council. 102 103 Commissioner Trehus commented on city tax levy. Chair Dahl and Commissioner Gunderson 104 stated that the Commission can continue the agenda items not updated to the April meeting 105 106 C. Update from Commissioner Trehus on the ballot question, newsletter, ballot 107 language and related funding 108 109 Commissioner Trehus stated he had a conversation with staff of the State Auditor's office and 110 due to so many requests for review of levy questions from around the state, the office did not 111 have the ability to review the any vague possibilities of local governments advocating for or 112 against a ballot question. 113 114 MOTION by Commissioner Carlson, seconded by Commissioner Lyden to close the agenda 115 item. Commissioners Bretoi, Lyden and Chair Dahl thanked the Commissioners that worked on 116 the report for the Commission. Commissioner Storberg asked if any beneficial information on 117 ballot questions was learned in the process. Commissioner Trehus reviewed some court cases 118 regarding the issue of ballot questions. Commissioner Trehus also stated the report may have 119 purpose later. 120 121 Chair Dahl calls the question. Motion passes with Commissioners Penn and Turcotte abstaining. 122 123 D. Goal Setting for 2010 124 125 Commissioner Minar arrived at 7:28pm 126 127 MOTION by Commissioner Bretoi, seconded by Commissioner Williams to table to April 128 meeting. Chair Dahl recapped the agenda item that Commissioner Sutherland suggested setting 129 goals for the year. Motion passes unanimously. 130 131 132 133 134 Charter Commission January 14, 2010 Page 4 135 NEW BUSINESS 136 137 A. Public Comment at City Council meetings 138 139 Commissioner Carlson watched a replay of the January 11, 2010 City Council meeting where a 140 member of the public was denied an opportunity to comment on an agenda item by Mayor 141 Reinert. Commissioner Carlson called Chair Dahl and reviewed to her Section 3.01 of the 142 Charter that states 143 144 Commissioner Carlson told Chair Dahl that he would like to draft a letter to the City Council. 145 146 Commissioner Storberg stated she also watched the replay of the council meeting. The agenda 147 item being discussed was the union contacts with the city employees. The issue with the contract 148 of a "no-layoff' clause. Commissioner Storberg stated that the Mayor stated that the council 149 meeting wasn't public meeting regarding the contracts. 150 151 Commissioner Lyden asked if this denial of public comment happened during "open mike". 152 Commissioner Carlson stated it was during an agenda item and it was not a closed meeting. 153 154 Commissioner Gunderson asked if the person being denied a chance to comment was a known 155 citizen of Lino Lakes or a known union represented. Commissioner Carlson said the man did not 156 have a chance to identify himself. 157 158 Chair Dahl stated she believes it does not matter who the person was who wanted to speak. The 159 Charter does not state that only citizens of Lino Lakes have the right to speak. Commissioner 160 Storberg disagrees. 161 162 Commissioner Trehus asked what the rationale of the denial. Commissioner Carlson said the 163 Mayor stated the meeting was not a public hearing on the issue. 164 165 Commissioner Gunderson stated the Council should be reminded of the section of the Charter 166 that allows for citizens to speak on agenda items, where as the person who was denied should 167 have been allowed to at least identify themselves for public record. 168 169 Commissioner Penn suggested we reference past practice in the letter to the Council. 170 171 Commissioner Carlson states that any agenda items cannot be discussed during the "open mike" 172 portion of the meeting. 173 174 A video of the part of the meeting where the person was denied to speak to the Council was 175 played for the Commission. 176 177 MOTION by Commissioner Bretoi, seconded by Commissioner Minar, to send a letter to the 178 council reminding them of Section 3.01 of the Charter regarding the rules of public comment 179 allowed for agenda items of City Council meetings. 4 n Charter Commission January 14, 2010 Page 5 180 181 Discussion from several Commissioners further edits the letter being drafted to the City Council. 182 183 Commissioner Sutherland arrives at approximately 8:OOp 184 185 Commissioner Storberg objects to sending the letter to the Council. Commissioners Lyden, 186 Gunderson and Minar both state believes it is the duty of the Charter Commission to send this 187 letter of reminding the Council of public comment rules. 188 189 Mr. John Sullivan suggests the Commission table the issue and do more research. 190 191 Commissioner Trehus asked what would be discussed in a closed meeting in regards to union 192 contracts. Commissioner Lyden states personnel issues and negotiations would be discussed in 193 closed meetings. Commissioner Trehus stated the Commission should remind the council of the 194 charter and asked if there was any mitigating circumstances behind the denial of public comment 195 196 Commissioner Bretoi has concerns of dropping the issue, but asked if the Chair could approach 197 the Mayor off the record on this issue. 198 199 Commissioner Gunderson agrees the issue should not be tabled because the next meeting is three 200 months away and encourages sending the letter stating the section of the Charter on public ^' 201 comments and asking for further details. 202 203 Commissioner Trehus suggests further editing of the letter to soften the tone of the letter. 204 205 Commissioner Bretoi withdraws his motion of sending the letter to the Council. Commissioner 206 Minar also withdraws the motion. 207 208 Commissioner Bretoi departs at 8:30pm. 209 210 Commissioner Minar suggested asking the Mayor and City Attorney to attend the next Charter 211 Commission meeting. Further discussion continues to edit the letter. 212 213 MOTION by Commissioner Lyden, seconded by Williams to send letter with lines deleted by 214 Trehus, beginning at "so that you may have." in the last paragraph. 215 216 Commissioner Penn offers amendment to invite the Mayor and City Attorney to attend the next 217 Commission meeting on April 8, 2010. Commissioners Sutherland and Trehus further amend the 218 letter. 219 220 Commissioner Sutherland calls the question. Motion passes with Commissioners Trehus and 221 Storberg voting no. 222 2'23 224 Charter Commission January 14, 2010 Page 6 225 B. ELECTION OF OFFICERS 226 227 Chair Dahl opens nominations for the office of Chair of the Charter Commission. Chair Dahl 228 requests to continue as Chair. 229 Commissioner Carlson nominates Caroline Dahl for Chair. Commissioner Carlson states that 230 Chair Dahl has good relationships with city staff and Council. She is very dedicated to the 231 Charter and works hard for the Commission. Commissioner Sutherland seconds the nomination. 232 Commissioner Lyden calls the question. MOTION passes unanimously. 233 234 Chair Dahl opens nominations for the office of Vice Chair of the Charter Commission. 235 Commissioner Gunderson nominates Christopher Lyden for the office of Vice Chair. 236 Commissioner Carlson seconds the nomination. MOTION passes unanimously. 237 238 Chair Dahl opens nominations for the office of Secretary of the Charter Commission. 239 Commissioner Williams nominates Kelly Gunderson for Secretary. Commissioner Trehus 240 seconds the nomination. MOTION passes unanimously. Commissioner Trehus commends 241 Commissioner Gunderson on her diligence of minute taking and participating in the discussions 242 at the meetings. 243 244 C. AUDIT 245 i. Data Practice 246 Chair Dahl stated she requested other Charter ruled cities in Minnesota of how they conduct data 247 practice of their Charter Commissions. Chair Dahl received responses from 11 cities, either from 248 city clerks or city attorneys. Most responses stated the Charter Commission had no legal right to 249 appoint their own data practice authority. 250 251 Commissioner Lyden asked if we need to respond to the city in regard to the Data Practice 252 recommendation of the audit. 253 254 ii. Outstanding invoices for Charter Attorney 255 Chair Dahl reviewed the outstanding balance of Ms. Karen Marty, Attorney, who acted on behalf 256 of the Charter Commission. Total balance due at the time of the meeting was $1,644.30, with 257 $1,463.05 being a past balance. 258 259 Commissioner Sutherland stated the Commission should ask how Ms. Marty will collect and that 260 we request detailed invoices. It appears Ms. Marty may be adding fees for outstanding balance. 261 262 Commissioner Trehus asked if we are in danger of Ms. Marty refusing to take the Commission as 263 a client. Chair Dahl stated that Ms. Marty has stated she will continue to help us at our request. 264 265 Commissioner Storberg suggested we request the City Council put this balance on a meeting 266 agenda. 267 6 Charter Commission January 14. 2010 Page 7 268 Commissioner Sutherland suggested the Commission should inform the City Council that there 269 is potential litigation regarding these unpaid bills. She will contact Ms. Marty to get details of 270 the balance and then bring it to next work session of the City Council. 271 272 D. Legislation for $ 5,000 Charter Commission budget 273 MOTION by Commissioner Sutherland, seconded by Commissioner Penn to table to the April 274 meeting as part of Goal Setting. Commissioner Minar agrees. Motion passes with Commissioner 275 Storberg voting no. 276 277 E Next meeting date: Thursday April 8, 2010 278 279 280 ADJOURN 281 MOTION by Commissioner Trehus, seconded by Commissioner Williams, to adjourn the 282 meeting at 9:5Opm. Motion carried unanimously. 283 284 285 Respectfully Submitted, 286 287 Kelly Gunderson 288 Secretary 7 /"\ 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Charter Commission January 14, 2010 Page 1 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS EXCUSED MEMBERS UNEXCUSED STAFF MEMBERS PRESENT OTHERS PRESENT: FINAL DRAFT CITY OF LINO LAKES CHARTER COMMISSION January 14, 2010 6:40 P.M. 9:50 P.M. Bretoi (departs at 8;30pm), Carlson, Dahl, Gunderson, Lyden, Penn, Storberg, Trehus, Turcotte, Williams, Minar (arrived at 7:28pm), Sutherland (arrived at approx. 8:OOp) Drennen, Stockman Maher, Zastrow None Julie Bartell, City Clerk John Sullivan CALL TO ORDER AND ROLL CALL Chair Dahl called the meeting of the Lino Lakes Charter Commission to order at 6:40 pm. on January 14, 2010. PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA Commissioner Carlson added item 7A: City Council meeting from January 11, 2010. OPEN MIKE No one was present for open mike. APPROVAL OF MINUTES Commission viewed the draft minutes from the October 8, 2009. Commissioner Trehus stated that line 145 needed to be removed, as he did not state the question listed. MOTION by Commissioner Trehus, seconded by Commissioner Carlson, to approve the minutes of October 8, 2009, as amended. Motion passes with Commissioners Lyden, Turcotte and Penn abstaining. The Commission then viewed the draft minutes from December 3, 2009. The time of the meeting ended was entered as 8:40pm. At line 59. Commissioner Lyden's name needed to be added as the person who made the statement. Line 77 the word "out" needs to be replaced with "how". Charter Commission January 14, 2010 Page 2 46 47 Line 106 and 107 needs to be amended Commissioner Trehus stated that there is an issue with 48 draft language pertaining to conflicts of interest. Commissioner Trehus also stated that the City 49 Council may be in conformance with section 12.03 of the City Charter. 50 51 Line 122 needs to be corrected as motion made by "Vacha" and seconded by "Aldentaler" at 52 "8:40pm." 53 54 MOTION by Commissioner Lyden, seconded by Commissioner Gunderson, to approve the 55 minutes of December 3, 2009 as amended. Motion passes with Commissioners Turcotte and 56 Penn abstaining. 57 58 59 INTRODUCTION OF NEW COMMISSIONERS 60 Margaret Penn and Shawn Turcotte are introduced as the newest members of the Charter 61 Commission. 62 63 Commissioner Penn stated that she has lived in Lino Lakes for 21 years. She holds dual 64 citizenship as she was born in Canada and became a United States citizen in 2000. She is a 65 Management Consultant for a personnel consulting firm. She is very interested in learning more 66 about the Commission. 67 68 Commissioner Turcotte is a union ceramic tile setter. He has a large interest in local government 69 and is excited to be a member of the commission. 70 71 NEW LAW: Contact information of commissioner contact information becomes public 72 Julie Bartell explained a new law that recently went into effect that all members of any public 73 board must have contact information made public. Ms. Bartell stated the public information of 74 the Commission will not listed on the city's website. 75 76 Commissioner Gunderson asked Ms. Bartell if the City Council has looked into making e-mail 77 addresses for themselves public. 78 79 Commissioner Storberg asked about the status of a permanent City Administrator. Ms. Bartell 80 said the Council was continuing the process of searching for a permanent Administrator. 81 82 OLD BUSINESS 83 84 A. Code of Conduct 85 Commissioner Sutherland was not available at this point of the agenda for an update. 86 MOTION by Commissioner Penn, seconded by Commissioner Carlson to table the update until 87 April meeting. Motion passes unanimously. 88 89 Charter Commission January 14. 2010 �-� Page 3 90 B. Update on Possible Charter Amendments 91 i. Tax Cap 92 Commissioner Sutherland was not available for an update. 93 94 ii. Powers of Charter Commission 95 Commissioner Trehus stated there was no update. 96 97 iii. Televised Meetings 98 Chair Dahl stated that at the November 2, 2009 City Council work session, the Council decided 99 to immediately begin televising the "Open Mike" part of City Council meetings. Further, Chair 100 Dahl stated that Councilmember O'Donnell suggested that the Council members take a cut in pay 101 to cover the costs to televise the work sessions of the City Council. 102 103 Commissioner Trehus commented on city tax levy. Chair Dahl and Commissioner Gunderson 104 stated that the Commission can continue the agenda items not updated to the April meeting 105 106 C. Update from Commissioner Trehus on the ballot question, newsletter, ballot 107 language and related funding 108 109 Commissioner Trehus stated he had a conversation with staff of the State Auditor's office and 110 due to so many requests for review of levy questions from around the state, the office did not 111 have the ability to review the any vague possibilities of local governments advocating for or 112 against a ballot question. 113 114 MOTION by Commissioner Carlson, seconded by Commissioner Lyden to close the agenda 115 item. Commissioners Bretoi, Lyden and Chair Dahl thanked the Commissioners that worked on 116 the report for the Commission. Commissioner Storberg asked if any beneficial information on 117 ballot questions was learned in the process. Commissioner Trehus reviewed some court cases 118 regarding the issue of ballot questions. Commissioner Trehus also stated the report may have 119 purpose later. 120 121 Chair Dahl calls the question. Motion passes with Commissioners Penn and Turcotte abstaining. 122 123 D. Goal Setting for 2010 124 125 Commissioner Minar arrived at 7:28pm 126 127 MOTION by Commissioner Bretoi, seconded by Commissioner Williams to table to April 128 meeting. Chair Dahl recapped the agenda item that Commissioner Sutherland suggested setting 129 goals for the year. Motion passes unanimously. 130 131 132 133 134 Charter Commission January 14, 2010 Page 4 135 NEW BUSINESS 136 137 A. Public Comment at City Council meetings 138 139 Commissioner Carlson watched a replay of the January 11, 2010 City Council meeting where a 140 member of the public was denied an opportunity to comment on an agenda item by Mayor 141 Reinert. Commissioner Carlson called Chair Dahl and reviewed to her Section 3.01 of the 142 Charter that states 143 144 Commissioner Carlson told Chair Dahl that he would like to draft a letter to the City Council. 145 146 Commissioner Storberg stated she also watched the replay of the council meeting. The agenda 147 item being discussed was the union contacts with the city employees. The issue with the contract 148 of a "no-layoff" clause. Commissioner Storberg stated that the Mayor stated that the council 149 meeting wasn't public meeting regarding the contracts. 150 151 Commissioner Lyden asked if this denial of public comment happened during "open mike". 152 Commissioner Carlson stated it was during an agenda item and it was not a closed meeting. 153 154 Commissioner Gunderson asked if the person being denied a chance to comment was a known 155 citizen of Lino Lakes or a known union represented. Commissioner Carlson said the man did not 156 have a chance to identify himself. 157 158 Chair Dahl stated she believes it does not matter who the person was who wanted to speak. The 159 Charter does not state that only citizens of Lino Lakes have the right to speak. Commissioner 160 Storberg disagrees. 161 162 Commissioner Trehus asked what the rationale of the denial. Commissioner Carlson said the 163 Mayor stated the meeting was not a public hearing on the issue. 164 165 Commissioner Gunderson stated the Council should be reminded of the section of the Charter 166 that allows for citizens to speak on agenda items, where as the person who was denied should 167 have been allowed to at least identify themselves for public record. 168 169 Commissioner Penn suggested we reference past practice in the letter to the Council. 170 171 Commissioner Carlson states that any agenda items cannot be discussed during the "open mike" 172 portion of the meeting. 173 174 A video of the part of the meeting where the person was denied to speak to the Council was 175 played for the Commission. 176 177 MOTION by Commissioner Bretoi, seconded by Commissioner Minar, to send a letter to the 178 council reminding them of Section 3.01 of the Charter regarding the rules of public comment 179 allowed for agenda items of City Council meetings. 4 Charter Commission January 14, 2010 Page 5 180 181 Discussion from several Commissioners further edits the letter being drafted to the City Council. 182 183 Commissioner Sutherland arrives at approximately 8:OOp 184 185 Commissioner Storberg objects to sending the letter to the Council. Commissioners Lyden, 186 Gunderson and Minar both state believes it is the duty of the Charter Commission to send this 187 letter of reminding the Council of public comment rules. 188 189 Mr. John Sullivan suggests the Commission table the issue and do more research. 190 191 Commissioner Trehus asked what would be discussed in a closed meeting in regards to union 192 contracts. Commissioner Lyden states personnel issues and negotiations would be discussed in 193 closed meetings. Commissioner Trehus stated the Commission should remind the council of the 194 charter and asked if there was any mitigating circumstances behind the denial of public comment 195 196 Commissioner Bretoi has concerns of dropping the issue, but asked if the Chair could approach 197 the Mayor off the record on this issue. 198 199 Commissioner Gunderson agrees the issue should not be tabled because the next meeting is three 200 months away and encourages sending the letter stating the section of the Charter on public 201 comments and asking for further details. 202 203 Commissioner Trehus suggests further editing of the letter to soften the tone of the letter. 204 205 Commissioner Bretoi withdraws his motion of sending the letter to the Council. Commissioner 206 Minar also withdraws the motion. 207 208 Commissioner Bretoi departs at 8:30pm. 209 210 Commissioner Minar suggested asking the Mayor and City Attorney to attend the next Charter 211 Commission meeting. Further discussion continues to edit the letter. 212 213 MOTION by Commissioner Lyden, seconded by Williams to send letter with lines deleted by 214 Trehus, beginning at "so that you may have." in the last paragraph. 215 216 Commissioner Penn offers amendment to invite the Mayor and City Attorney to attend the next 217 Commission meeting on April 8, 2010. Commissioners Sutherland and Trehus further amend the 218 letter. 219 220 Commissioner Sutherland calls the question. Motion passes with Commissioners Trehus and 221 Storberg voting no. 222 223 224 Charter Commission January 14, 2010 Page 6 225 B. ELECTION OF OFFICERS 226 227 Chair Dahl opens nominations for the office of Chair of the Charter Commission. Chair Dahl 228 requests to continue as Chair. 229 Commissioner Carlson nominates Caroline Dahl for Chair. Commissioner Carlson states that 230 Chair Dahl has good relationships with city staff and Council. She is very dedicated to the 231 Charter and works hard for the Commission. Commissioner Sutherland seconds the nomination. 232 Commissioner Lyden calls the question. MOTION passes unanimously. 233 234 Chair Dahl opens nominations for the office of Vice Chair of the Charter Commission. 235 Commissioner Gunderson nominates Christopher Lyden for the office of Vice Chair. 236 Commissioner Carlson seconds the nomination. MOTION passes unanimously. 237 238 Chair Dahl opens nominations for the office of Secretary of the Charter Commission. 239 Commissioner Williams nominates Kelly Gunderson for Secretary. Commissioner Trehus 240 seconds the nomination. MOTION passes unanimously. Commissioner Trehus commends 241 Commissioner Gunderson on her diligence of minute taking and participating in the discussions 242 at the meetings. 243 244 C. AUDIT 245 i. Data Practice 246 Chair Dahl stated she requested other Charter ruled cities in Minnesota of how they conduct data 247 practice of their Charter Commissions. Chair Dahl received responses from 11 cities, either from 248 city clerks or city attorneys. Most responses stated the Charter Commission had no legal right to 249 appoint their own data practice authority. 250 251 Commissioner Lyden asked if we need to respond to the city in regard to the Data Practice 252 recommendation of the audit. 253 254 ii. Outstanding invoices for Charter Attorney 255 Chair Dahl reviewed the outstanding balance of Ms. Karen Marty, Attorney, who acted on behalf 256 of the Charter Commission. Total balance due at the time of the meeting was $1,644.30, with 257 $1,463.05 being a past balance. 258 259 Commissioner Sutherland stated the Commission should ask how Ms. Marty will collect and that 260 we request detailed invoices. It appears Ms. Marty may be adding fees for outstanding balance. 261 262 Commissioner Trehus asked if we are in danger of Ms. Marty refusing to take the Commission as 263 a client. Chair Dahl stated that Ms. Marty has stated she will continue to help us at our request. 264 265 Commissioner Storberg suggested we request the City Council put this balance on a meeting 266 agenda. 267 6 Charter Commission January 14, 2010 Page 7 268 Commissioner Sutherland suggested the Commission should inform the City Council that there 269 is potential litigation regarding these unpaid bills. She will contact Ms. Marty to get details of 270 the balance and then bring it to next work session of the City Council. 271 272 D. Legislation for $ 5,000 Charter Commission budget 273 MOTION by Commissioner Sutherland, seconded by Commissioner Penn to table to the April 274 meeting as part of Goal Setting. Commissioner Minar agrees. Motion passes with Commissioner 275 Storberg voting no. 276 277 E Next meeting date: Thursday April 8, 2010 278 279 280 ADJOURN 281 MOTION by Commissioner Trehus, seconded by Commissioner Williams, to adjourn the 282 meeting at 9:5Opm. Motion carried unanimously. 283 284 285 Respectfully Submitted, 286 287 Kelly Gunderson 288 Secretary 7 AGENDA Joint Meeting LINO LAKES CITY COUNCIL AND CHARTER COMMISSION 8 July 2010 — 6:30 p.m. City Hall Community Room 1. Road Improvements — How do we get there? A. Joint Subcommittee 2. Charter Commission Budget 3. Unpaid Bills for Attorney Marty 4. Code of Conduct / Conflict of Interest 5. Tax Cap Amendment Julie Bartell from: Caroline Dahl [denali2010@q.com] .ent: Sunday, July 18, 2010 8:41 PM To: Julie Bartell Cc: Chris Lyden; Kelly Gunderson; Caroline Dahl Subject: Charter Commission By Laws Hi Julie, LINO LAKES CHARTER COMMISSION BY-LAWS Amended January 8, 2004 ARTICLE I - THE COMMISSION Section 1. Name of Commission. The name of the Commission is the "Charter Commission of Lino Lakes, Minnesota". At our last Charter meeting, In Article 1 - The Commission: the Commission voted to amend that the "City Charter of Lino Lakes, Minnesota" be changed to "Lino Lakes Charter Commission". It passed unanimously. Please make that change to the Charter By Laws. Thank you, Caroline 1 Charter Commission 1995 - 2009 Adopted Amended Actual Year Budget Budget Spent 1995 4250 4250 5389 1996 4250 4250 363 1997 5000 5000 2044 1998 6710 6710 890 1999 6700 6700 988 2000 5000 5000 1053 2001 2400 2400 836 2002 3600 3600 594 2003 2500 2500 1318 ., 2004 950 950 2373 2005 1850 1850 1802 2006 1875 1875 2082 2007 2200 7450 8810 2008 5700 5700 5867 2009 2200 2200 2803 CITY COUNCIL WORK SESSION July 6, 2010 DRAFT 269 related issue. Information received from an English only group that was received by a 270 council member was shared with Mr. Tesch; some of the information may be helpful as 271 he prepares a resolution proposal. Council members noted they've had lots of feedback 272 on the proposal and anticipate receiving more as it goes forward. One council member 273 received a suggestion from a resident to look at Google Translator as a way that the city 274 could provide translation services at no cost. Another council member suggested that 275 providing such a service could open the city to liability in providing translation services. 276 277 Mr. Tesch will work with Council Member Roeser on composing a resolution for 278 consideration. 279 280 11. Joint Council and Charter Commission Meeting Agenda - Acting Administrator 281 Tesch noted that the council has been provided with a draft agenda (provided by the 282 commission) for the upcoming joint meeting with the charter commission. 283 284 A council member asked why the question of paying the commission's outstanding legal 285 bill is on the agenda; hasn't that already been determined to be outside of what the 286 council can legally do? A member responded that it is perhaps on the agenda because 287 there are some charter commission members that may not have been involved in previous 288 discussions. The council confirmed that the amount of funding and what for is mandated 289 by state statute. The city can only authorize funding that is directly related to framing and 290 amending the city charter. 291 292 The agenda item regarding a code of conduct was discussed briefly. The council 293 questioned if it the subject is a code of conduct for the council or the commission as that 294 isn't clearly stated. City Clerk Bartell clarified that the information in the meeting packet 295 is the code of conduct from the city code and the code of conduct approved as a policy by 296 the council. 297 298 Regarding the tax cap amendment item, a council member suggested some concern about 299 having an unelected body putting forth a means to control the budget under the control of 300 the city's elected officials. 301 302 Regarding road improvements, the council noted that is their topic of interest. They 303 would like to see where the commission is at, ask them to come up with some suggestions 304 to work on. The city isn't taking care of the infrastructure in place so the problem must 305 be addressed. It would be optimum to have the charter commission make 306 recommendations, forward that to the council and then a change could be accomplished 307 with a council vote. The council discussed the charter amendment process set forth by 308 state law. 309 310 REVIEW REGULAR AGENDA ITEMS 311 '"1 312 There were no changes to the regular agenda. 313 314