Loading...
HomeMy WebLinkAbout01-08-2009 Charter PacketLINO LAKES CHARTER COMMISSION AGENDA Thursday, January 8, 2009 1. Call to Order and Roll Call 6:30 PM 2. Pledge of Allegiance 6:31 PM 3. Approval of Agenda 6:33 PM 4. Open Mike 6:35 PM 5. Approval of Minutes: September 10, 2008 6:36 PM Introduce new member: Connie Sutherland (2 minute introduction) 6:37 PM Election of Chair and Vice Chair Due to Resignation of Chair Current Chair Caroline Dahl 6. Old Business A. Communication Plan/Web Site/Public Awareness 6:50 PM B. Statement of detailed expenses incurred up to December 2008, Charter Budget Balance and next year's (2009) budget (AI Rolek) 7. New Business A. Election Results on Charter Ballot Question 7:10 PM B. City Council passed New Resolution 08-144 to change voting on Five Year Plan to Spring of each year (letter from Gordon Heitke, City Administrator) Included in your packet C. Next meeting date Thursday, April 9, 2009 Adjournment Caroline Dahl, Chair Kelly Gunderson, Secretary 7:45 PM 7:46 PM 171 519 6256 Hollow Lane Lino Lakes, MN 55014 December 31, 2008 The Honorable Timothy Bloomquist Chief Judge, Tenth Judicial District Kanabec County Courthouse 18 North Vine Street Mora, MN 55051 Dear Judge Bloomquist: 1 -rd 0 CIA 1 5200 � As required by state law, please find the following partial annual report for the Lino Lakes Charter Commission. This is a partial report covering January 1- September 4, 2008, during which time I was the Chairperson: 2008 Lino Lakes Charter Commission Annual Report Approved by the Charter Commission on January 8, 2009 ' New officers of the Charter Commission were installed at the January 17, 2008 as per Commission By-laws. They include Chair Cori Duffy, Vice -Chair Caroline Dahl. Secretary Kelly Gunderson and Assistant Secretary Chris Lyden were installed at the April 17, 2008 meeting. Paul Montain was removed from his position as Commissioner effective January 15, 2008 for failing to perform the duties of his office. Bob Bening resigned as Commissioner effective February 12, 2008. Kelly Gunderson and Chris Bretoi were appointed to complete the terms of these outgoing Commissioners, both of whose terms expire December 31, 2009. Meetings Full meetings of the Charter Commission were held on January 11, April 17, July 17. Additional special meetings were held on February 28, May 22, June 18, August 21, and September 10. This report seeks to outline major activities and concerns of the Commission as discussed in Charter meetings. Minutes The Commission is satisfied with the business hired by the City to record Charter meetings. In an effort to save money, the Charter Commission Secretary recorded the minutes for the special meetings held throughout the year. Council/Commission Communications between the Commission and the City Council remain strained. In December 2007, the Commission presented a charter amendment to the City Council aimed at addressing the concerns of the city regarding road reconstruction procedures outlined in the charter. The city council rejected the Commission amendment without attempting to compromise with the Commission on the issues. On March 25, 2008, the council forwarded to the Commission, for its review, an amendment to an earlier council -initiated charter amendment. The Charter Commission rejected this amended amendment in July 2008. Charter Amendments .After the Charter -initiated charter amendment was rejected by the city council in March, and the Charter Commission in July rejected the council -initiated charter amendment, a citizen - initiated petition to amend the Charter was submitted to the Commission on August 12, 2008. This petition resulted in an amendment question being placed on the November 4, 2008 election ballot. The citizens of Lino Lakes by a large margin, 6.529 NO votes to 3.658 YES votes, or 64% to 36%, rejected the amendment. Charter Expenditures The Commission requested and received a budget increase of $5,000 for 2008 to cover any ongoing legal expenses associated with proposed amendments. Five Year Financial Plan Under the Charter, the Five Year Plan requires annual updating. In 2007, the Commission received its first update to the plan since 1996. The five-year financial plan for 2008-2012 was adopted on January 28, 2008. Respectfully Submitted, / t i Cori M. Duffy Former Chair, Lino Lakes Charter Commission • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 X21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Charter Commission September 10, 2008 Page 1 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS EXCUSED MEMBERS UNEXCUSED STAFF MEMBERS PRESENT OTHERS PRESENT: DRAFT CITY OF LINO LAKES CHARTER COMMISSION SPECIAL MEETING September 10, 2008 6:37 P.M. 7:40 P.M. Dahl, Gunderson, Storberg, Williams, Minar, Zastrow, Drennen, Carlson, Aldentaler, Vacha, Lyden, Bretoi (arrived at 6:39pm) Trehus, Stockman Maher None None Angela Drennen, Jeff Maki, Laura Carlson CALL TO ORDER AND ROLL CALL Acting Chair Dahl called the special meeting of the Lino Lakes Charter Commission to order at 6:37 p.m. on September 10, 2008. PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA Acting Chair Dahl added item 7C: Accepting Resignation of Cori Duffy. MOTION by Commissioner Drennen, seconded by Commissioner Bretoi, to adopt the amended agenda. Motion carried unanimously. OPEN MIKE No one was present for open mike APPROVAL OF MINUTES MOTION by Commissioner Minar, seconded by Commissioner Zastrow, to approve the minutes of August 21, 2008. Motion carried with Commissioner Lyden abstained. OLD BUSINESS A. Communication Plan Commissioner Drennen updated the commission on the charter website. He noted that the website is being paid for by the members of the commission and not by city funds. Commissioner Drennen stated that the website was mentioned in an article written by Deb Barnes for the Hugo newspaper The Citizen. Charter Commission September 10, 2008 Page 2 44 45 Commissioner Storberg suggested that the commission look into creating lawn signs that state 46 the website address. Commissioner Carlson stated he will investigate costs of lawn signs. 47 48 Commissioner Lyden asked the commission about placing ads in local newspapers to direct 49 citizens to the website. Acting Chair Dahl asked Commissioner Lyden to look into ad costs. 50 51 The next meeting of the Communication Subcommittee would be decided after this evening's 52 Commission meeting. 53 54 B. 2008 Budget Update 55 Acting Chair Dahl reviewed the 2008 budget update. As of August 25, 2008, there were no 56 outstanding bills pending for payment. 57 58 NEW BUSINESS 59 60 A. Petition to repeal Chapter 8 61 Acting Chair Dahl informed the committee that the citizens petition to repeal Chapter 8 of the 62 charter was recertified on September 5, 2008 and that language to that point will be on the ballot 63 in November. 65 MOTION by Commissioner Bretoi, seconded by Commissioner Carlson, to have the Charter 66 Commission's attorney investigate that proper procedure was followed by city staff in certifying 67 the petition to repeal Chapter 8. 68 69 Motion carries with Commissioners Vacha and Storberg voting no. 70 71 B. Ballot Language 72 At the September 8th meeting, the City Council decided what language would be placed on the 73 ballot from the petition. Commissioner Gunderson noted that the Council crafted language 74 which includes notice to voters that Chapter 429 would replace the referendum process. 75 76 C. Resignation 77 Acting Chair Dahl presented a letter from Chair Cori Duffy resigning from the Commission 78 effective immediately. 79 80 MOTION by Commissioner Zastrow, seconded by Carlson, to accept the resignation of Chair 81 Cori Duffy. Motion carries unanimously. 82 83 Acting Chair Dahl stated that Cori Duffy worked extremely hard and did a good job for the 84 Commission, making many sacrifices with the time and effort she put into her duties as Chair. 85 All Commissioners present agreed. '^ 86 87 The next meeting of the Charter Commission will be Thursday, October 9, 2008 at 6:30pm. 2 Charter Commission September 10, 2008 Page 3 88 89 ADJOURN 90 MOTION by Commissioner Bretoi, seconded by Commissioner Minar, to adjourn the meeting at 91 7:40 p.m. Motion carried unanimously. 92 93 94 Respectfully Submitted, 95 96 Kelly Gunderson 97 Secretary 3 CITY OF LINO LAKES ELECTION SUMMARY REPORT November 4, 2008 1 Pr. #1 Pr. #2 Pr. #3 Pr. #4 Pr. #5 Pr. #6 Pr. #7 TOTAL # of Reg. Persons at 7 a.m. 1139 1664 1525 2070 1047 1815 1870 11130 # of Persons Registering on Election Day 199 339 198 261 181 209 206 1593 Total # of Reg. Voters 1338 2003 1723 2331 1228 2024 2076 12723 CITY QUESTION -AMENDMENT TO CITY CHARTER Yes 302 455 409 899 341 562 690 3658 No 775 1096 904 1019 626 1051 1058 6529 Blank 81 189 138 117 108 131 100 864 Overvote 0 0 0 0 0 0 0 0 Voted In Person on Election Day 1079 1607 1343 1825 980 1527 1723 10084 Absentee 79 133 108 210 95 217 125 967 Total # Voters 1158 1740 1451 2035 1075 1744 1848 11051 Turn -out % 87% 87% 84% 87% 88% 86% 89% average = 87% 1 We, the legally constituted Municipal Canvassing Board, certify that the returns were duly examined, approved and placed on file in the Office of the City Clerk. 2 Date: 12/30/2008 Account# / Title Time: 09:28:38 City of Lino Lakes FM Reports - Period Expenditure Report Calendar Period: 01/2008 To: 12/2008 Fiscal Period: 01/2008 To: 12/2008 Budget Thru: 12/2008 Original Net Budget Operator: pms Page: 1 Expended PTD Expended YTD % Unexpended Bal 101-405-4200-000 GENERAL CHARTER OFFICE SUPPLI SUPPLIES Total 101-405-4300-000 GENERAL CHARTER PROFESSIONAL 101-405-4300-999 GENERAL CHARTER PROFESSIONAL Tr Date Type Journal Receipt 0.00 0.00 0.00 0.00 0.00 0.00 5,000.00 5,000.00 Check#/Date Vendor 0.00 0.00 0.00 0.00 0.00 5,774.83 Description 0 0 0.00 0 5,774.83 115 Amount 02/11/08 INV -IN 6907 02/25/08 INV -M 6973 02/29/08 PST-je 7087 04/14/08 INV -IN 7070 05/27/08 INV -IN 7217 05/27/08 INV -IN 7217 08/21/08 INV -IN 7416 08/25/08 INV -IN 7400 10/27/08 INV -IN 7522 10/27/08 INV -M 7528 11/10/08 INV -IN 7546 11,4^4<o8 INV -IN 7546 101-405-4301-000 GENERAL 101-405-4322-000 GENERAL 101-405-4330-000 GENERAL 101-405-4340-000 GENERAL Tr Date Type 82294 02/11/08 82317 02/12/08 1 82672 04/14/08 82998 05/27/08 83028 05/27/08 83765 08/21/08 83756 08/25/08 84273 10/27/08 84161 10/16/08 84410 11/10/08 84439 11/10/08 CHARTER MUNICIPAL ATT CHARTER POSTAGE CHARTER TRAVEL/TUI TIO CHARTER ADVERTISING TIMESAVER OFF-SITE SECRETARIAL MARTY LAW FIRM, LLC MARTY LAW FIRM, LLC MARTY LAW FIRM, LLC TIMESAVER OFF-SITE SECRETARIAL MARTY LAW FIRM, LLC TIMESAVER OFF-SITE SECRETARIAL MARTY LAW FIRM, LLC POLIGRAPHICS MAILING SOLUTIONS SUMMIT PRINTING 500.00 0.00 0.00 200.00 Journal Receipt Check#/Date Vendor CHARTER MEETING LEGAL SERVICES/CHARTER Rev Marty Law Firm,ch8231 PROFESSIONAL SERVICES/CHA PROFESSIONAL SERVICES/CHA CHARTER COMMISSION 4-17 PROFESSIONAL SERVICES/CHA CHARTER MEETING PROFESSIONAL SERVICES (50) 24*48 CORRUGATED TWO MAILING SERVICES CHARTER CHARTER COMMISSION MAILER Detail Total: 500.00 0.00 0.00 0.00 0.00 0.00 200.00 91.80 Description 0.00 0 0.00 0 0.00 0 91.80 46 213.25 3,060.46 3,060.46- 846.31 274.48 243.50 181.25 213.25 1,078.63 628.35 1,535.71 560.10 5,774.83 Amount 03/10/08 INV -IN 6996 03/31/08 PST-je 7219 04/14/08 INV -IN 7070 05/27/08 INV -IN 7217 06/23/08 INV -IN 7276 08/25/08 INV -IN 7400 09/08/08 INV -IN 7424 10/13/08 INV -IN 7485 10/13/08 INV -IN 7485 11/10/08 INV -IN 7546 11/24/08 INV -IN 7586 12/31/08 PST-je 7670 12/31/08 PST-je 7670 12/31/08 PST-je 7670 12/31/08 PST-je 7670 82459 03/10/08 1 82693 04/14/08 83014 05/27/08 83218 06/23/08 83748 08/25/08 83833 09/08/08 84126 10/13/08 84126 10/13/08 84426 11/10/08 84523 11/24/08 1 2 3 4 10ymN5-4343-000 GENERAL CHARTER NEWSLETTER PRESS PUBLICATIONS, INC. PRESS PRESS PRESS PRESS PRESS PRESS PRESS PRESS PRESS PUBLICATIONS, PUBLICATIONS, PUBLICATIONS, PUBLICATIONS, PUBLICATIONS, PUBLICATIONS, PUBLICATIONS, PUBLICATIONS, PUBLICATIONS, INC. INC. INC. INC. INC. INC. INC. INC. INC. 0.00 0.00 ADV CITY COUNCIL WORK SES Correct code for ch #8245 ADVERTISING/CHARTER COMMI CHARTER COMMISSION ADVERTISING CHARTER COMMI SPECIAL WORK SESSION ADVERTISING CHARTER ADV MEETING ADV MEETING MEETING NOTICE SPECIAL COUNCIL WORKSESSI Correct Ch# 83748, 8/25/0 Correct Ch# 84126, 10/13/ Correct Ch# 84426, 11/10/ Correct Ch# 84523, 11/24/ Detail Total: 22.95 22.95- 38.25 22.95 15.30 22.95 15.30 22.95 22.95 17.21 22.95 22.95- 45.90- 17.21- 22.95- 91.80 0.00 0.00 0.00 774.83- 500.00 0.00 0.00 108.20 0.00 0.00 0 0.00 Date: 12/30/2008 Time: 09:28:39 City of Lino Lakes FM Reports - Period Expenditure Report Account# / Title Operator: pms Page: 2 Calendar Period: 01/2008 To: 12/2008 Fiscal Period: 01/2008 To: 12/2008 Budget Thru: 12/2008 Original Net Budget Expended PTD Expended YTD % Unexpended Bal 101-405-4344-000 GENERAL CHARTER LEGAL PRINTIN OTHER SERVICES & CHARGES Total 101-405-5000-000 GENERAL CHARTER CAPITAL OUTLA CAPITAL OUTLAY Total CHARTER Total GENERAL Total GRAND TOTAL 0.00 0.00 0.00 0.00 0 0.00 5,700.00 5,700.00 5,866.63 5,866.63 103 166.63- 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 5,700.00 5,700.00 5,866.63 5,866.63 103 166.63- 5,700.00 5,700.00 5,700.00 5,700.00 5,866.63 5,866.63 103 5,866.63 5,866.63 103 166.63- 166.63- CITY OF LINO LAKES CHARTER ADMINISTRATION (101-405) June r.., Object Actual Actual Budget YTD Requested Adopted Increase/ Description Code 2006 2007 2008 2008 2009 2009 Decrease SUPPLIES OFFICE SUPPLIES 4200-000 0 0 0 0 0 0 *** 0 0 0 0 0 0 *** OTHER SERVICES AND SUPPLIES PROFESSIONAL SERVICES 4300-000 0 0 0 0 0 0 *** PROF SERVICES - CHARTER COMM 4300-999 1,018 7,315 5,000 1,578 1,500 1,500 (70.00%) MUNICIPAL ATTORNEY 4301-000 1,027 1,337 500 0 500 500 0.00% POSTAGE 4322-000 0 0 0 0 0 0 *** PRINTING & PUBLISHING 4340-000 36 159 200 77 200 200 0.00% NEWSLETTER 4343-000 0 0 0 0 0 0 *** LEGAL NOTICES 4344-000 0 0 0 0 0 0 *** 2,081 8,811 5,700 1,655 2,200 2,200 (61.40%) CAPITAL OUTLAY EQUIPMENT 5000-000 0 0 0 0 0 0 *** 0 0 0 0 0 0 *** 2,081 8,811 5,700 1,655 2,200 2,200 (61.40%) TOTAL CHARTER ADMINISTRATION A-1 9 December 12, 2008 Caroline T. Dahl Chair, Lino Lakes Charter Commission 1101 Holly Court Lino Lakes, MN 55038 Dear Caroline: Please be advised that the Lino Lakes City Council has established a revised timeline for the annual completion of the Five -Year Financial Plan. The plans will now be completed by the end of the first quarter of each year as set forth in Resolution No. 08-144, enclosed. The primary reason for this change is to allow for more current information on property values to be obtained from the county and afford the Council more time for discussion of the plan following completion of the annual budgets. Respectfully, / Gordon Heitke City Administrator Enc. 600 Town Center Parkway, Lino Lakes, Minnesota 55014-1182 Phone: 651-982-2400 • Fax: 651-982-2499 Council Member Stoltz introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08-144 RESOLUTION AMENDING RESOLUTION NO. 06-213 SETTING THE GENERAL TIMELINE FOR THE ADOPTION OF THE FIVE-YEAR FINANCIAL PLAN WHEREAS, the City Council adopted a timeline for the preparation, submission and annual adoption of the five-year financial plan with Resolution No. 06-213, and WHEREAS, WHEREAS, WHEREAS, such resolution states that the plan shall be adopted by the end of December, and information necessary to complete and adopt the plan within this timeframe is often unavailable until after the first of the ensuing year, and the City Council wishes to have all necessary information available prior to adopting the annual update of the five-year financial plan. NOW, THEREFORE, BE IT RESOLVED, by the Lino Lakes City Council that the timeline for adopting the five-year financial plan is hereby amended as follows: 1) The five-year plan shall be adopted by the City Council following a public hearing, along with any revisions arising therefrom, by the end of the first quarter each year. Adopted by the Lino Lakes City Council this 8th day of December 2008. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Gallup and upon vote being taken thereon, the following voted in favor thereof: Stoltz, Gallup, Reinert, O'Donnell, Bergeson The following voted against same: none Whereupon said resolution was declared duly passed and adopted. Julia ne Bartell, Cit 1 DUSTIN DEETS October 24, 2008 Mr. Gordon Heitke Lino Lakes City Hall 600 Town Center Parkway Lino Lakes, MN 55014 Dear Gordon, Please find my invoice enclosed for communications support work for the city of Lino Lakes. This work was approved by the City Council in a brainstorming meeting on Monday, September 22, 2008. The Council decided to have the brainstorming meeting at their September 2, 2008 regular Council meeting. During the brainstorming meeting, the Council approved a special -edition Lino Lakes News newsletter to be mailed to all citizens' homes by October 23, 2008. The Council also approved a half -page advertisement in both local newspapers—The Citizen, and The Quad Press. Finally, the Council approved adapting the newsletter for posting onto the city's website. All work was completed on-time and on -budget. If you have any further questions or concerns, Gordon, please do not hesitate to call. Thank you very much. Chris Deets Dustin Deets, LLC 612296.8786 Dustin Deets, LLC 5301 Halifax Avenue South Edina, Minnesota 55424 DUSTIN DEETS� Bill To: Gordon Heitke City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Invoice �..- Date Invoice No. 10/23/08 CLL102408 Terms Due on receipt Description Amount Communications Support for City of Lino Lakes. Details enclosed. L -t° /0 / — yo i — 1130 0 9,252.00 EIN 45-0556525 Total $9,252.00 Dustin Deets Accounting for Communications Support for Uno Lakes 10/25/08 Chris Deets 8:29 AM Date Description Hours 08.18.2008 Meeting to commence project from 3:30 p.m. until 5:30 p.m. in office. 2 08.25.2008 11:30 a.m.-2:30 p.m.—Meeting with Michael Grochula at City Hall. 3 08.27.2008 Studying proposal on plane from Denver. 1 08.28.2008 Background and foundation for communication plan. 9:20AM - 12:58PM 3.62 08.28.2008 Conference call with Gordon. 0.5 08.29.2008 Prepping communications document for Sept 2 meeting. 7:07AM - 8:10AM 1.05 08.30.2008 Developing communication plan. 5:17AM - 7:20AM 2.05 08.31.2008 Prepping communications strategy and citizens awareness plan. 8:54AM - 12:20PM 9:04PM - 9:31PM 9:39PM - 10:18PM 4.54 09.02.2008 Prepping for the Council meeting and the communications plan. 8:26AM - 12:09PM 12:11PM - 12:11PM 2:30PM - 3:15PM 4.45 09.02.2008 Attending and presenting at Council meeting from 4:30 pm until 7:30 pm. 3 09.05.2008 Phone conference. 0.5 09.10.2008 Prepping for September 18 brainstorming meeting. 10:00PM- 11:08PM 11:O8PM- 11:09PM 1.14 09.11.2008 Phone conference with Gordon. 1 09.17.2008 1.44 Preparing brainstorming sheet for Monday the 22nd brainstorming session. 1:32PM - 1:54PM 2:54PM - 3:58PM 09.17.2008 Drafting brainstorming preparation notes. 0.5 09.17.2008 Preparing for Thursday meeting. 1 09.21.2008 Prepare for Monday night brainstorming meeting. 10:47AM - 11:07AM 0.33 09.21.2008 Continued preparation for Monday night brainstorming meeting. 10:39PM - 11:46PM 1.11 09.22.2008 Prepping for Monday night brainstorming meeting. 11:25AM - 12:08PM 1:11PM - 4:03PM 3.58 09.24.2008 Meeting with Mary and the EDAC group, as well as Steve Bubul at City Hall. 2 09.24.2008 Working on laying the groundwork for the special edition of the newsletter. 8:50PM - 10:53PM 2.04 09.25.2008 Working on special edition of Lino Lakes News, calling Dave Roesser, 9:17AM - 10:26AM 1.14 09.26.2008 Phone conference with Charter Commission representative as well as Gordon. 1.5 09.28.2008 Meeting at the Big 10 restaurant in Hopkins. 4:40PM - 4:40PM 1.5 09.28.2008 Architecture for newsletter communication. 5:03PM - 7:27PM 2.41 09.29.2008 Meeting with Dave Roesser and Steve Bubul. 2.5 09.30.2008 Prepping newsletter. 1 09.30.2008 Drafting content for newsletter. 9:12PM - 12:14AM 3.03 10.01.2008 Drafting EDAC letter/article and rest of content for newsletter. 6 10.02.2008 Preparing newsletter content. 6:20PM - 11:29PM 5.15 10.03.2008 Prepping newsletter. 7:33AM - 10:34AM 3.02 10.03.2008 Prep work for Friday meeting. 2 10.06.2008 Preparing for Monday night meeting. 12:02PM - 1:02PM 1 10.06.2008 Driving to Lino Lakes, attending the city council meeting, and then driving home. 4 10.09.2008 Final draft of special edition of city newsletter. 9:31AM - 11:41AM 2.18 10.12.2008 Proofing newsletter and messages to Gordon and Mary. 0.5 10.13.2008 Prepping newsletter. 9:08AM - 10:29AM 1.34 10.15.2008 Proofing and working on newsletter. _ 1 10.16.2008 Drafting note to city coundl. 3:25PM - 3:54PM 0.49 10.19.2008 Drafting 1/2 -page ad copy. 1.5 10.20.2008 Update note to team. 0.5 10/25/08 Chris Deets 8:29 AM CITY OF LINO LAKES 600 TOWN CENTER PARKWAY LINO LAKES, MN 55014 Nystrom Publishing Co., Inc. Making Lasting Impressions Since 1968 DESCRIPTION Lino Lakes News, Special Edition postage advance Invoice 1 DATE INVOICE # 110/22/081 22668 DUE DATE P.O. NUMBER 11/21/08 RATE AMOUNT —I 2,013.38 1,431.88 QTY 6,600 6,574 Thank you for your business! Subtotal 6.5% Tax Total 9100 Cottonwood Lane North, Maple Grove, Minnesota 55369 phone: 763.425.7900 1 fax: 763.425.0898 1 web: www.nystrompublishing.com 1 email: sales@nystrompublishing.com united States Postal Service CONSOLIDATED POSTAGE STATEMENT -- Standard Mail POST Office: Note Mali Arrival Date %• Time mailer Entry Point: (1) SCF TWIN CITIES METRO HUE, MINNEAPOLIS. MN 55413-1778 Presort: ALL Permit Holder's Name ; Telephone and Address and 763-425-7900 Email Address, If Any Nystrom Publishing 9100 Cottonwood Lane Norh Maple Grove MN 55369 CAPS Cust.Ref.No. Customer NO. Name and Address of Mailing Agent (If other than permit holder) Nystrom Publishing 9100 Cottonwood Lane Maple Grove MN 55369 Customer No. I Telephone 763-425-7900 Norh Name and Address of Individual or Organization for Which Mailing is Prepared (if other than permit holder) CITY OF LINO LAKES 600 TOWN CENTER PARKWAY LINO LAKES, MN 55014 Customer No. Mailing Post Office of Mailing • 1 MINNEAPOLIS MN 55413-1778 I Mailing Date 10/20/2008 Fed Agency Cost Code I Statement Sequence No. 0001 Type of Postage 1 Processing Category (x)Permit Imprint 1 [ ]Letters [ 1CMm [X]Flats [ ]NFM [ ]Precanceied [ ]Parcels -Machinable [ ]Parcels -Irregular Stamps • 1 [ ]Letters -Paid as NFMs [ ]Metered I : ]ECR Letters -Paid as ECR Flats If Sacked, Based on I Total Pieces 1 [X]125 pcs 6574 1 [ ]15 lbs. [ ]both Total Weight 342.5054 I Permit No. 32324 I weight of a Single Piece 0.0521 pounds No. and Type of Containers 19 -Sacks 0 -1' Ltr Trays 0 -2' Ltr Trays 0 -EMM Ltr Traysj 0 -TTL Ltr Trays 0 -Flat Trays 0 -Pallets 0 -Other For Mail Enclosed within Another Class [ ]Periodicals [ ]Bound Printed Matter [ ]Library Mail [ ]Media Mail [ ]Parcel Post For Automation Price Pieces, Enter 1 For Enhanced Carrier Route Price Pieces, I For Enhanced Carrier Route Price Pieces, Date of Address Matching and Coding I Enter Date of Address Matching and Coding Enter Date of Carrier Route Sequencing / / I / / / / Move update method: [ ]Ancillary service endorsement [ ]FASTforward [ ]NCOA Link [ ]ACS [ ]Alternative method [ )Multiple I Postage Parts Completed (Select all that apply) [ ]A [ ]B [ ]C [ ]D [X]E [ ]F [ ]G [ ]H [X]I [ ]7 [ )K [ )L [ ]S Total Postaae (Add parts totals) I S 1431.88 Price at which Postaae Affixed (Check one) [ ]Correct [ ]Lowest [ ]Neither pcs. x S Postage Affixed I S Net Postage Due (Subtract postage affixed from total postage) I S 1431.8820 For USPS Use Only: Additional Postaae Payment (State reason) Is For postage affixed add additional payment to net postage due; for permit imprint add additional payment to total postage. Total Adjusted Postage Affixed 15 Postmaster: Report Total Postage in AIC 130 (Permit Imprint only) Total Adjusted Postage Permit Imprint I S Certification The mailer's signature certifies acceptance of liability for and agreement to pay any revenue deficiencies assessed on this mailing, subject to appeal. If an agent signs this form, the agent certifies that he or she is authorized to sian on behalf of the mailer. and that the mailer is bound by the certification and agrees to pay any deficiencies. In addition, agents may be liable for any deficiencies resulting from matters within their responsibility, knowledge, or control. The mailer hereby certifies that all infoaaation furnished on this form is accurate, truthful, and complete: that the mail and the supporting documentation comply"with'jall postal standards and that the mailing qualifies for the prices and fees claimed; and that the mailing does not contain Any matternprohibited by law or postal regulation. I understand that anyone who furnishes false or misleading informatiion on this fo for who omits information requested on this form may be subject to criminal and/or civil penalties,.includina fires -and • C Privacy Notice: For information regarding our Privacy Policy visit www.usps.com • Sig f Mailer! or A9�nt/ 1 1,1 ri .' ���� Lr��•• I Lynn Reemtsma I Printed Name of Mailer or Agent Signing Form I Telephone i 763-425-7900 USPS Use Only weight of a Single Piece 0._ _ _ _ pounds Are postage figures at left adjusted from [ ] Yes [ ] No mailer's entries? If "yes", state reason. Total Pieces I Total weight Total Postage IRound Stamp (Required)! Presort verification Performed? (check one) j Date Mailer Notified I Contact I By (initials) [ ] Yes [ ] No CERTIFY that this mailing has been inspected concerning: (1) eligibility for postaoe prices claimed; (2) proper preparation (and presort where required); (3) proper completion of postage statement: and ' (4) payment of annual fee (if required). verifying Employee's Signature I Print verifying Employee's Name Time AM PM PS Form 3602-R1. May 2008 (Paoe 1 of 3) Facsimile PSN 7530-07-000-6209 Postalsoft Desktop Mailer 7.84c Postal Explorer at pe.uSoS.Com Kennedy & Graven, Chartered 200 South Sixth Street Suite 470 Minneapolis, MN 55402 (612)337-9300 Tax ID No. 41-1225694 August 14, 2008 Statement No. 85 City of Lino Lakes Alan Rolek 600 Town Center Parkway Lino Lakes, MN 55014 + di 1`, 20084 LN140-00086 Charter Review LN140-00087 General Financial LN140-00099 Lakewood Apartments (Legacy I declare, under penalty of law, that this account, claim or demand is just and correct and that no of i1 s be }aid. Signature of CIaant /6i- 40/ - 3Z7_ 0 -43cm-ra) of Woods Edge) 507 z.3792.1-1/ AUG l 9 2008 1,641.66 250.00 110.00 Total Current Billing: 2,001.66 City of Lino Lakes Alan Rolek July 31, 2008 LN140-00086 Charter Review Through July 31, 2008 Page: 1 Kennedy & Graven, Chartered 200 South Sixth Street Suite 470 Minneapolis, MN 55402 For All Legal Services As Follows: Hours Amount 7/16/2008 SJB Phone call with Heitke regarding letter to charter council; 0.25 50.00 review/revise same 7/17/2008 MJM Statutory research on issue of "no" votes on charter 1.30 221.00 amendments 7/17/2008 SJR Phone call with Gordon Heitke regarding charter question; 0.10 19.50 office conference with M Manderschied regarding matter 7/18/2008 SJB Phone call with G. Heitke regarding various charter audit 1.00 200.00 questions; research petition requirements 7/18/2008 SJR Review M Manderschied message; review statutes; office 0.40 78.00 conference S Bubul; phone call with M Manderschied; phone call with S Bubul regarding matter 7/21/2008 SJB Conference with M Manderschied regarding petition 0.60 120.00 requirrements; review memo 7/21/2008 MJM Research and drafting of memo on petition process 3.50 595.00 related to charter amendments for public information project 7/21/2008 MTN Conference with S Bubul regarding: charter process, 0.50 105.00 statutory requirements for petition amendments. 7/22/2008 MJM Phone call with S Bubul regarding interpretation of M.S. 0.20 34.00 410.12, subd 2, discussing five electors and circulators of a petition 7/25/2008 SJB Phone call with G Heitke regarding communication issues 0.30 60.00 for charter amendment, related matters 7/25/2008 MJM Phone call to Secretary of State's office regarding sample 0.30 51.00 petition; reviewing sample petition for public information purposes 7/29/2008 SJB Review citizen's petition; phone call to/from G Heitke 0.25 50.00 regarding text of charter amendment 7/30/2008 SJB Review Secretary of State materials; phone message 0.25 50.00 from/to G. Heilk regarding 410.12, subd. 7 amendment Total Services : $ 1,633.50 City of Lino Lakes Alan Rolek 600 Town Center Parkway Lino Lakes, MN 55014 IftiroutitrAtigiftt 31''2O0844 LN 140-00086 Charter Review LN140-00087 General Financial Kennedy & Graven, Chartered 200 South Sixth Street Suite 470 Minneapolis, MN 55402 I declare, under penalty of law, that this account, claim or demand is just : d correct and that no_ — . •fit has been s Signature of CI - ant (612)337-9300 Tax ID No. 41-1225694 September 30, 2008 Statement No. 85837 /0/ — YrY —y" %c _' - 0 3,279.50 50.00 Total Current Billing: 3,329.50 City of Lino Lakes Alan Rolek August 31, 2008 LN140-00086 Charter Review Through August 31, 2008 Page: 1 Kennedy & Graven, Chartered 200 South Sixth Street Suite 470 Minneapolis, MN 55402 For All Legal Services As Follows: Hours Amount 8/12/2008 SJB Phone call with G. Heitke regarding petition timing; 1.25 250.00 reserach same; review petition sent by J. Bartell 8/12/2008 JBD Intraoffice conference with S Bubul regarding timliness of 0.40 86.00 petition. 8/13/2008 SJB Phone call with J. Bartell regarding petition questions 0.25 50.00 8/13/2008 CLL Intraoffice conference regarding charter petition process; 0.30 64.50 review emaiis 8/13/2008 MJM Reviewing charter petition received from citizens for 0.70 119.00 accuracy against Minnesota Rules and Statutes; follow up conference with S Bubul on "qualified voters" 8/14/2008 SJB Phone call with J. Bartell regarding questions on petition 0.25 50.00 8/18/2008 CLL Phone call from J. Bartel regarding petition; review email; 1.85 397.75 office conferences and research regarding same; phone calls to J. Bartel 8/18/2008 MJM Conference with C LeFevere on "registered voter" 1.00 170.00 concems raised by city clerk; phone call with clerk on same 8/19/2008 CLL Intraoffice conference regarding follow-up research on 0.25 53.75 definition of registered voters 8/19/2008 MJM Reviewing Minnesota Rules and annotations for more 1.20 204.00 information on usage of registered voters and petitions 8/20/2008 CLL Review certification of clerk regarding petition; review 0.75 161.25 statute; intraoffice conference regarding same; phone call to J. Bartel regarding same 8/20/2008 MJM Review of clerk's certification of petition, attorney general 0.60 102.00 opinion and statutes on time computation; conference with clerk and C LeFevere on same 8/25/2008 SJB Email from J Bartell regarding supplemental filing; 1.60 320.00 research and respond to same 8/26/2008 SJB Email to Springsted regarding status of petition; emails 1.75 350.00 to/from J Bartell regarding status of petition; begin work on ballot/resolution 8/28/2008 SJB Research 2 -question ballot draft same 2.75 550.00 City of Lino Lakes Alan Rolek August 31, 2008 Page: 2 Kennedy & Graven, Chartered 200 South Sixth Street Suite 470 Minneapolis, MN 55402 8/29/2008 SJB Phone call with G Heitke regarding 2 -question; research 1.50 300.00 same; review/revise Clerk's Certificate regarding petition Total Services : $ 3,228.25 For All Disbursements As Follows: Photocopies 2.80 8/19/2008 Westlaw Research Charges 48.45 Total Disbursements: $ 51.25 Total Services and Disbursements:$ 3,279.50 Kennedy & Graven, Chartered 200 South Sixth Street Suite 470 Minneapolis, MN 55402 City of Lino Lakes Alan Rolek 600 Town Center Parkway Lino Lakes, MN 55014 Through September 30, 2008 LN140-00036 NoI-Tec Systems TIF laNIMMISMOMMIN LN140-00087 General Financial (612) 337-9300 Tax ID No. 41-1225694 2ctober 31, 2008 Statement No. 86378 /0I- 4/q_ 30•% tTvv /6/ - yo(- recto -b /ol-(f/ /130 - 1 declare, under penalty of law, that this account, claim or demand is just and correct and that no of it has bee s aid. Signature of Claimant 19.50 6,353.23 584.00 Total Current Billing: 6,956.73 City of Lino Lakes Alan Rolek September 30, 2008 LN140-00086 Charter Review Page: 2 Kennedy & Graven, Chartered 200 South Sixth Street Suite 470 Minneapolis, MN 55402 For All Legal Services As Follows: Hours Amount 9/2/2008 SJB Review 2 -question voting; email from Bartell regarding 4.00 800.00 question on petition, phone call with Bartell regarding same; attend work session 9/2/2008 CLL Intraoffice conference regarding form of ballot question 0.25 53.75 9/2/2008 MJM Research on affidavit of petitioners data 0.30 51.00 9/3/2008 SJB Conference with M Manderschied regarding response to 2.50 500.00 petition compliants; review memo, draft opinion regarding complaint phone call with Heitke regarding ballot form; draft revised ballot language 9/3/2008 MJM Email communication with city clerk regarding contact 2.60 442.00 information for petitioners to inquire about circulation of petition with or without actual text of proposed amendment research and drafting memo on same 9/4/2008 SJB Draft memo regarding ballot options; phone call with 6.00 1,200.00 Bartell regarding citation complaint finalize opinion regarding same; phone call with Heitke regarding new charter commission proposal; research draft response to same 9/4/2008 MJM Reviewing draft opinion letter on matters raised by citizen 0.70 119.00 regarding received petition documents; checking citations for authority on Westlaw; follow up on same matter with S Bubul 9/5/2008 SJB Phone call with J. Bartell regarding ballot forums; phone 4.00 800.00 call with Bartell, Heitke regarding Marty letter, review same; draft response to letter to Council; research 12 -week deadline matter 9/5/2008 CLL Review draft letter regarding proposed additional claim 0.10 21.50 amendment 9/5/2008 MJM Phone call with S Bubul regarding letter from Charter 0.10 17.00 Commission's counsel 9/6/2008 SJB Revise response to Marty letter, continue legal research 1.50 300.00 9/8/2008 SJB Phone call with Bartell, Heitke; finalize letter in response 5.00 1,000.00 to Marty letter, research voluntary ballot option; review Trehus ballot language; travel to/attend council meeting 9/8/2008 CLL Review draft response to charter commission attomey's 0.70 150.50 City of Lino Lakes Alan Rolek September 30, 2008 Page: 3 Kennedy & Graven, Chartered 200 South Sixth Street Suite 470 Minneapolis, MN 55402 letter, intraoffice conference regarding initiating second question by council motion 9/8/2008 MJM Reviewing S Bubul letter in response to Ms Marty (Charter 0.30 51.00 Cmsm's counsel) letter 9/9/2008 SJB Prepare final ballot notice; email to Bartell 0.40 80.00 9/24/200F SJB Meet with C. Deets regarding charter for info material 2.00 400.00 9/25/2008 SJB Review ballot notice; conference with C. Deets regarding 0.25 50.00 further meeting 9/29/2008 SJB Meet with C. Deets regarding newsletter 1.50 300.00 Total Services : $ 6,335.75 For All Disbursements As Follows: Photocopies 8.40 Postage 2.78 9/4/2008 Westlaw Research Charges 6.30 Total Disbursements: $ 17.48 Total Services and Disbursements:$ 6,353.23 The Citizen ( Your Neighborhood News & Report) PO Box 393 Hugo MN 55038 651-426-6399 Bill To City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Invoice Date Invoice # 10/30/2008 8433 Terms Due on receipt Description Rate Amount Advertising for Half Page ( October 29th / Political Ad) Please note: April and October have a third issue, these are billed seperately. If you . have questions please contact your sales rep or call 651-426-6399. V( /4f - Yo `130 840.00 840.00 We accept Visa and MasterCard, to pay by credit card please contact Marilyn @ 651/426-4900 Total $840.00 10/30/08 199941 RO Plan Return Portion With Pa RETAIL RATE 10/30 QUAD 6X 10.50 63.00 1 11.47 903.26 976.50 c -- Statement of Account -Aging of Past Due Amounts N/A N/A .PRESS PUBLICATIONS (851) 407-1200 N/A N/A Due date: 11/27/08 976.50 UNAPPLIED AMOUNTS ARE INCLUDED IN TOTAL AMOUNT DUE Mr. Daniel Tesch Director of Administration City of Lino Lakes, MN 600 Town Center Parkway Lino Lakes, MN 55014 Springsted Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul, MN 55101-2887 Tel: 651-223-3000 Fax 651-223-3002 www.springsted.com December 5, 2008 Project No: 000502.101 Invoice No: 1 For Professional Services from June 11, 2008 to October 6, 2008 Re: HR Audit (Final Billing) Basic Fee: 8,150.00 Additional Fees Misc HR Consulting 1-29-08 to 11-30-08 Total Additional Fees 1,553.75 1,553.75 1,553.75 Total this Invoice $9,703.75 I declare under penalty of law that this account is just and correct and that no part of it has been paid. BY: SPRINGS ED Incorporated ONNIE C. MATS N Payment is due on receipt of this billing. After 30 days interest will be charged on any balance at a rate of 1% per month. Public Sector Advisors CITY COUNCIL WORK SESSION October 6, 2008 APPROVED 89 (considering the offer to the commission to participate in the newsletter) and the request 90 for funding for additional services. 91 92 COMPENSATION AUDIT REPORT 93 94 Ann Antonsen, Springsted, Incorporated, presented the consultant's completed Human 95 Resource Audit report. The audit provides a review of current compensation levels, 96 classification system, external and internal comparability, current performance evaluation 97 system, and the methodology used for the report. It asks the question of a pay 98 philosophy and how that is established (by comparison to whom). The pay for 99 performance would tie back to that pay philosophy so that isn't included in the report 100 specifically at this time. The report discusses the task and methodology used (looking at 101 information on jobs provided by the city). The pay philosophy, again, will be the key. 102 Information is provided on other metropolitan cities, by size of cities and by cluster as 103 established by the League using information besides size. The city needs to decide 104 "who" and "how" in looking at the pay philosophy question. 105 106 The report also reviewed job positions and descriptions and found that the city has done a 107 good job of keeping those up to date as jobs have changed. The city is required to 108 maintain a job evaluation system and does so utilizing the same point based system as the 109 state of Minnesota. 110 111 In looking at the compensation system for the audit, the marketplace (other comparable 112 cities) were reviewed and the city appears to be within close proximity of the survey 113 averages. An intemal analysis, comparing positions within the organization for equity, is 114 also included in the report. 115 116 The performance evaluation system was also reviewed. The current system used by the 117 city looks at essential jobs functions with a rating system attached. One thing that could 118 be upgraded is to expand the definitions included in the rating system. As well, the goal 119 setting system could be expanded so that goals are included by the employee and 120 supervisor. Additional performance factors could be added. Supervisor training on 121 conducting performance evaluations is another suggestion. The system used for 122 evaluation would be key in setting up any type of pay for performance element. 123 124 A council member asked if there is another way to consider compensation other than 125 comparables, and Ms. Antonsen suggested that the city determine its compensation 126 philosophy. However, if the system isn't comparable, it can result in frequent loss of 127 trained employees to other organizations with the associated costs, etc. of filling 128 positions. 129 130 TOWN CENTER UPDATE 131 132 Finance Director Rolek noted that the council has been discussing options on the 133 improvement bonds issued for the Town Center Project. As explained in the information �. 3 Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 147 Street, Suite 600 Apple Valley, MN 55124 FEIN: 41-1547156 Phone: 952-432-3136 / Fax: 952-432-3780 November 12, 2008 Billed through 11/12/2008 Invoice # 97714 Dan Tesch Director of Administration City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 RE: Investigation - Open Meeting Law Violation Client/Matter No.: 10555 28328 Detail of Professional Services 10/14/2008 10/15/2008 10/20/2008 ""•40/22/2008 I.0/27/2008 10/29/2008 10/31/2008 11/06/2008 11/10/2008 11/10/2008 11/12/2008 AMM MGD MGD MGD MGD MGD MGD MGD AMM MGD MGD Prepare Tennessen waming for Lino Lakes Communications w/ Dan re: interviews Travel to LL & conduct interview T/c's Dan Tesch Travel to LL & conduct interviews Memo to Dan T. & receipt of Council Information Commence draft of Findings T/c's Dan & conduct further interview Conference MGD re: report Prepare Conclusions to Report Finalize Investigative Report Total professional services rendered: Total Current Charges Billing Summary Total Professional Services Less: Courtesy Discounts Applied Net Current Charges Total balance now due Hours Rate 0.20 200.00 0.40 200.00 3.00 200.00 0.20 200.00 3.00 200.00 0.30 200.00 0.60 200.00 0.70 200.00 0.20 200.00 1.20 200.00 1.60 200.00 11.40 $280.00 CR * Balance is due upon receipt of invoice * * Past due balances will be subject to service charge * * Questions regarding your invoice should be directed to the Business Office immediately * Amount 40.00 80.00 600.00 40.00 600.00 60.00 120.00 140.00 40.00 240.00 320.00 $2,280.00 $2,280.00 Amount $2,280.00 $2,000.00 $2,000.00 Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 147 Street, Suite 600 Apple Valley, MN 55124 FEIN: 41-1547156 Phone: 952-432-3136 / Fax: 952-432-3780 November 30, 2008 Billed through 11/30/2008 Invoice # 97911 Dan Tesch Director of Administration City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 RE: Investigation - Open Meeting Law Violation Client/Matter No.: 10555 28328 Detail of Professional Services Hours Rate Amount 11/21/2008 MGD Receipt & review Dan T. memo re: distribution 030 200.00 60.00 11/26/2008 MGD T/c Dan re: council meeting 0.20 200.00 40.00 Total professional services rendered: 0.50 $100.00 Total Current Charges Billing Summary Total Professional Services Net Current Charges Plus past due balance forward Total balance now duebu �� Accounts Receivable Aging Under 31 Days 31- 60 Days $2,000.00 $0.00 $100.00 Amount $10 00 ‘1,0/ $2,000.00 $2,100.00 61-90 Days 91-120 Days $0.00 $0.00 Over 120 Days $0.00 * Balance is due upon receipt of invoice * * Past due balances will be subject to service charge * * Questions regarding your invoice should be directed to the Business O fire imme i,%- YO/- NRY S. SEVERSON .n4ES F. SHELDON MICHAEL G. DOUGHERTY* MICHAEL E. MOLENDA$ LOREN M SOLFEST *$ SHARON K. HILLS ROBERT B. BAUER* TERRENCE A MERRTTI$ ANNEITE M. MARGARIT STEPHEN A. LING* PI LA4,,cd iv/ wtkLy . Dvi ufr(2-00i SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW SUITE 600 7300 WEST 147TH STREET APPLE VALLEY MINNESOTA 55124-4517 (952) 432-3136 TELEFAX NUMBER (952) 432-3780 www.seversonsheklan.com November 12, 2008 Dan Tesch Director of Administration City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 Re: Investigation Our File No. 10555-28328 Dear Mr. Tesch: GARY L HUUSKO# CHRISTINE J. CASSELLIUS# BRIAN J. WISDORF* MICHAEL D KLE &. * EMILY FOX WILLIAMS MATTHEW J. SCHAAP THOMAS R. DONELY JESSICA L SANBORN RYAN J. BIES WIILJAM M TOPICA ERIN. E. BOERSCHEL Enclosed is the Investigation Report that was prepared in connection with our services. Should you have any questions concerning the same, please be in contact with me. I have also included a statement for our services. Thank you for allowing me to serve the interests of the City. Cordisily, chael G. GDrJlt Enclosure E-mail: doughertym@seversonsheldon.com Direct (952) 953-8820 INDIVIDUAL ATTORNEYS ALSO LICENSED IN IOWA, WISCONSIN AND MISSOURI #QUAL IRED NEUTRAL UNDER RULE 114 OF THE MINNESOTA GENERAL RULES OF PRACTICE #REGLS"IERED PATENT ATTORNEY *MSBA BOARD CERTIFIED REAL PROPERTY SPBCIALIST LARRY S. SEVERSON JAMES F. SHELDON MICHAEL. G. DOUGHERTY* MICHAEL E MOLF.NDA# LOREN M. SOLFEST *# SHARON K.HnIS ROBERT B. BAUER* TERRENCE A MERRIT * ANNETTE M. MARGARIT STEPHEN A LING* SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW SUITE 600 7300 WEST 147TH STREET APPLE VALLE MINNESOTA 55124-4517 (952) 432-3136 TELEFAX NUMBER (952) 432-3780 www.seversonsheldon.com INVESTIGATIVE REPORT GARY L HUUSKO# CHRISTINE J. CASSEU ` BRIAN J. WLSDL„' MICHAEL D. KLEMM** EMILY PDX WILLIAMS MATTHEW J. SCHAAP THOMAS R. DONELY JESSICA L SANBORN RYAN J. RIES WILLIAM M. TOPKA ERIN. E BOERSCHEL ISSUE: DID MEMBERS OF THE LINO LAKES CITY COUNCIL VIOLATE THE MINNESOTA OPEN MEETING LAW? INTRODUCTION STANDARD OF CONDUCT. Chapter 13 of the Minnesota Statutes ("Open Meeting Law") requires that all meetings of the governing body of a city be open to the public subject to limited exceptions. Before closing a meeting to the public (required of all exceptions), the city council shall state on the record the specific ground permitting the meeting to be closed and describe the subject to be discussed. What is a meeting? The Minnesota Supreme Court has held that "meetings subject to the requirements of the Open Meeting Law are those gatherings of a quorum or more members of the governing body... at which members discuss, decide or receive information as a group on issues relating to the official business of that governing body." What is the purpose of the open meeting law? The open meeting law is designed to avoid secret meetings, to allow the public to be informed about public officials' decision making and to allow members of the public to present their views to the public officials. EVIDENCE REVIEWED I was given full access to any information that I deemed was necessary in order to reach my findings. I conducted interviews with each of the members of the City Council, indicting the Mayor, as well as pertinent staff members. I further obtained and reviewed documents that I deemed relevant to making a determination. FINDINGS The evidence, together with the credibility of the testimony, reasonably supports the following: INDIVIDUAL ATTORNEYS ALSO LICENSED IN IOWA, WISCONSIN AND MISSOURI #QUALIFIED NEUTRAL UNDER RULE 114 OF TEE MINNESOTA GENERAL RULES OF PRACTICE #REGISTERED PATENT ATTORNEY *MSBA BOARD CERTIFIED REAL PROPERTY SPECIALIST Investigative Report November 12, 2008 Page 2 1. A gathering of three Lino Lakes council members to discuss official business of the city constitutes a meeting. 2. A meeting (work session) of the Lino Lakes City Council occurred on July 28, 2008 at 5:30 p.m. Notice of the meeting was properly made. All members of the City Council and the Mayor were present. 3. At the work session, the Mayor distributed a letter dated July 18, 2008 addressed to the Mayor from Cori Duffy, Chair of the Lino Lakes Charter Commission. 4. The activities of the Lino Lakes Charter Commission are a significant issue to the Lino Lakes City Council. 5. A regular meeting of the Lino Lakes City Council occurred on July 28, 2008 commencing at 6:30 p.m. Notice of the meeting was properly made. All members of the City Council and Mayor attended the meeting, which took place in the council chambers. 6. At 7:15 p.m. on July 28, 2008, the council, upon motion made and seconded, voted to adjourn the meeting. 7. Following the vote to adjourn, neither the council collectively nor individually sought to remove anyone from the council chambers or otherwise prevent anyone in attendance from observing the conduct within the council chambers. 8. Following the vote to adjourn, two to four distinct conversations occurred involving City Council members and/or City staff. 9. Within two to five minutes following the vote to adjourn, two of the five Council members had left the Council chambers. 10. Within five to ten minutes following the vote to adjourn, a third Council member left the Council chambers, leaving one Council member and the Mayor in the Council chambers. DETERMINATION The Lino Lakes City Council held a regular meeting on July 28, 2008. Following the motion to adjourn, several council members engaged in conversations, either with other council members or with city staff. The Complainant, a member of the council, alleged that he heard the words "charter" and "amendment" being used by a staff person. As one of the first Investigative Report November 12, 2008 Page 3 council members to exit the building, the Complainant alleged that he observed three council members apparently engaged and listening to the remarks of one staff person. The Complainant expressed concern that the discussion may in fact have continued following his exiting the building. The Complainant has raised the issue of whether what he observed was an illegal meeting, that is, a violation of the Open Meeting Law. The answer to the issue starts with a determination of whether a meeting has occurred. There is no doubt that the Lino Lakes City Council gathered as a quorum on July 28, 2008; commencing as a regular meeting at 6:30. The meeting was duly noted, held in the council chambers and open to the public. While the business being conducted ended with the vote on the motion to adjourn, the meeting of the council continued until such time as there was less than a quorum of the council members together. The meeting ended with the departure of the third council member from the chambers, approximately ten minutes after the vote to adjourn. The mere fact that the meeting continued after the vote for adjournment does not automatically constitute a violation of the Open Meeting Law. There is no statute addressing a post adjournment gathering and there is no Minnesota case law or law from other jurisdictions directly on point. The determination as to whether there was a violation on July 28th lies in the purpose behind the Open Meeting Law. As noted earlier, the primary purpose is to prevent private meetings from occurring where the public cannot have access to or observe the deliberations of the city council. On July 28th, the continuation of the meeting for several minutes following the vote of adjournment did not frustrate the principal purpose behind the Open Meeting Law. The public was duly aware of the meeting that was to occur on the 28th beginning at 6:30. There was no expression or expectation that the meeting would terminate at a given time. The meeting was fully open to the public and no effort was made to either restrict or prohibit the public from either attending or remaining in the council chambers following the vote for adjournment In addition, the council members took no steps to hold private conversations or as a quorum to remove themselves to a different location. Therefore, under the facts and circumstances, I am of the opinion that there was no violation of the Open Meeting Law. Because I have determined that no violation occurred, it is not necessary to opine whether what the Complainant heard or saw actually occurred. The outcome remains the same regardless of the truth of the Complainant's observation. CAUTION My opinion solely relates to the specific facts herein and should not be interpreted as support for future activities which could lead to an Open Meeting Law violation. Continuation of discussion in the council chambers following a motion to adjourn should not be condoned. Each council member should be concerned as to the possibility of a violation as the penalty is personal. Every effort should be made as a council member to depart from an existing quorum so as to avoid a meeting from continuing, which in other circumstances may prove Investigative Report November 12, 2008 Page 4 to be a violation. Additionally, members of the council should be aware that simply removing themselves from a quorum (without objecting to what is occurring) may not shield them from liability. Good faith or lack of harm is not a defense to an action for violation of the Open Meeting Law. Moreover, the Minnesota Court of Appeals has held that attendance at a meeting is also not required. In a recent case, the Court found a member to have violated the Open Meeting Law, finding that a member was instrumental in arranging the meeting, was aware of the meeting, and simply did not attend. The Court noted that the member did not indicate that his non-attendance was out of concern that the meeting might violate the Open Meeting Law. Under the Court's reasoning, had the facts supported an opinion that the Lino Lakes Council conducted a meeting in violation of the Open Meeting Law by remaining in the council chambers beyond the vote to adjourn, all five members could be subject to a penalty. The two council members that left the chambers first are not excused or immune from liability solely based on their removal from the council chambers, particularly if they had knowledge that a meeting in violation of the Open Meeting Law was taking place. In fact, neither of them asserted nor in any way declared that they were leaving in order to avoid an Open Meeting Law violation. I have concluded that under the present facts and circumstances a violation has not occurred; however, my opinion should not be comfort to those who wish to continue the practice of holding conversations in the council chambers following the motion to adjourn. Under Robert's Rules of Order, an affirmative vote on a motion to adjourn terminates a meeting. Having acted to terminate the business before the council, the members of the council should appropriately leave as soon as practical and keep any private conversations in a non -quorum forum. Respee.ill - chael GDrlt E-mail: do Direct (952) 953-8820 eversonsheldon.com APPLICABLE STATUTES AND CASE LAW 1. Morn. Stat. 13D.01 2. Minn. Stat 13D.04 3. Moberg v. ISD No. 281, 336 NW2d 510 (1983) 4. Thuma v. Kroschel, 506 NW2d 14 (Minn. App. 1993) 5. Brown v. Cannon Falls Township, 723 NW2d 31 (Minn. App. 2006) Lino Lakes Charter Commission 600 Town Center Parkway Lino Lakes, MN 55014 April 9, 2008 The Honorable Gary R. Schurrer Chief Judge, Tenth Judicial District Washington County Government Center Stillwater, MN 55082-3802 Dear Judge Schurrer: As required by state law, please find the following annual report for the Lino Lakes Charter Commission: 2007 Lino Lakes Charter Commission Annual Report Approved by the Charter Commission on January 17, 2008 New officers of the Charter Commission were installed at the April 12, 2007 meeting due to the resignation of Chair Paulette Warren in January. They include Chair Cori Duffy, Vice Chair Tom Vacha, and Secretary Caroline Dahl. Meetings Full meetings of the Charter Commission were held on January 11, April 12, July 19 and October 11. Additional special meetings were held on April 30, June 14, July 19, August 23, September 6, October 11, November 1, 15 & 29. A joint meeting with the city appointed Charter Task Force was also held on May 1. This report seeks to outline major activities and concerns of the Commission as discussed in Charter meetings. Minutes The Commission is satisfied with the business hired by the City to record Charter meetings. The Commission requested the recording secretary to provide expanded summary minutes of all meetings instead of full discussion format that had previously been provided. Council/Commission Communications between the Commission and the City Council continue to be strained. In January the Commission invited the City Engineer and the Community Development Director to the Charter meeting to discuss developing a process and plan for road reconstruction, with potential to move toward an amendment. Said invitation was rejected. In February the Council appointed a nine -member committee, the Citizen's Task Force, to study Chapter VIII of the Charter as it relates to road reconstruction, and brought forth an amendment. Members of the Charter Commission were notified of this development through local newspaper articles and were invited to attend the May 1 meeting of the Task Force. Charter Amendments On July 11, the Council submitted an amendment to the Commission to change Chapter VIII of the Charter, as proposed by the Citizen's Task Force. This amendment seeks to remove the provision for an automatic referendum for road reconstruction projects paid for by assessments and limits the rights of citizens to shape such projects. The Commission seriously reviewed the Citizen's Task Force amendment, utilizing the initial 60 -day and additional 90 -day review periods to secure legal counsel with charter experience to write a substitute amendment. The Commission's substitute amendment also eliminates the automatic referendum provision on road reconstruction projects and still includes provisions, including an option to petition for referendum, to protect citizen's rights with such projects. The Commission presented its amendment to the Council. on December 3, 2007, requesting that it be placed on the ballot in 2008. Charter Expenditures The Commission continues to closely monitor the expenses incurred by itself and the City. Following the decision to hire outside legal counsel for amendment review, the Commission requested and received an increase of $5,250 in funding for 2007 to cover legal expenses. The Commission also requested and received a budget increase of $5,000 for 2008 to cover any ongoing legal expenses associated with the proposed amendments. Five Year Financial Plan Under the Charter, the Five Year Plan requires annual updating. In 2007, the Commission received its first update to the plan since 1996. The plan has been updated for 2008 and upcoming public hearings have been scheduled for its review and implementation. Respectfully Submitted, Cori M. Duffy Chair, Lino Lakes Charter Commission Petition - Lino LAE._ )tizens for Safer Roads Lname Fname Address Valid Invalid Notes 1 AHN ERIC 749 COUNTRY LAKES Y 2 AHN JULIE 749 COUNTRY LAKES N 1 not registered voter 3 ALLEN BILL 6656 HOKAH DR Y 4 ANDERSON CHRIS 780 COUNTRY LAKES DR Y 5 ANDERSON DAVID 155 GLENVIEW AVE Y 6 ANDERSON MICHELE 155 GLENVIEW AVE Y 7 ANDREWS DAVID 7613 PALOMINO LN Y 8 ARMSTRONG GREG 6677 SHERMAN LK RD Y 9 ARMSTRONG LAURIE 6677 SHERMAN LK RD Y 10 ARMSTRONG MARCIA 6489 HOKAH Y 11 AUS ERIK 6279 HOLLOW LN Y 12 AUS SUSAN 6279 HOLLOW LN Y 13 AYDE LEONARD 1030 EVERGREEN Y 14 AYDE MARY 1030 EVERGREEN Y 15 BAHNEMAN BRITTANY 6922 W SHADOW LK DR Y 16 BEACH JOHN 6312 DEERWOOD LN Y 17 BEACH JONATHAN 6312 DEERWOOD LN N 1 *registered in Winona County 18 BECKMAN BRAD 1047 MALLARD DR N 1 *registered in St. Louis County 19 BERG LORI 7737 CAROLE Y 20 BERGESON DIANE 6996 W SHADOW LK DR Y 21 BERGESON HEATHER 6996 W SHADOW LK DR Y 22 BERTRAND DAVE 142 EGRET LN Y 23 BERTRAND JULIA 142 EGRET LN Y 24 BLANCK MICHAEL 731 COUNTRY LAKES DR Y 25 BRANDENBURGER JOHN 6940 W SHADOW LK DR Y 26 BRANDENBURGER JANE 6940 W SHADOW LK DR Y 27 BRANDENBURGER LARRY 6940 W SHADOW LK DR Y 28 BRANDENBURGER MARK 6940 W SHADOW LK DR Y 29 BRICKNER JANICE 550 HAWTHORN Y 30 BRICKNER TOM 550 HAWTHORN Y 31 BROBERG CATHERINE 6632 PELICAN PL Y 32 BROBERG ERIK 6632 PELICAN PL Y 33 BROUILLETTE DAVID 6970 BLACK DUCK DR N 1 not registered voter 34 BROUILLETTE LOLITA 6970 BLACK DUCK DR N 1 not registered voter 35 BROWN BLAIR 6897 BLACK DUCK DR Y 36 BROWN GLORIA 835 LOIS LN N 1 not registered voter Petition - Lino Lakes Citizens for Safer Roads Lname Fname Address Valid Invalid Notes 37 BROWN PETER 6897 BLACK DUCK DR N 1 invalid due to date on affidavit of circulator 38 BROWN RACHEL 6897 BLACK DUCK DR N 1 invalid due to date on affidavit of circulator 39 BRUNN BILL 6045 WARE RD Y 40 BRUNN CAROL 6045 WARE RD Y 41 CALLIES LISA 6993 BLACK DUCK DR Y 42 CANNIFF JAMEY 7033 W SHADOW LK DR Y 43 CANNIFF TINA 7033 W SHADOW LK DR Y 44 CARLISLE KELLIE 150 WHITE PINE RD Y 45 CASANOVA SUSAN 6323 DEERWOOD LN Y 46 CEREPAK BRUCE 6519 FAWN LN Y 47 CEREPAK MIKE 6519 FAWN LN Y 48 CEREPAK SHARON 6519 FAWN LN Y 49 CHMICKEWSKI MICHELLE 654 HICKORY PL Y 50 CIRIACY NORMA 1052 EVERGREEN Y 51 COSSETTE DEBRA 6390 FAWN LN Y 52 COSSETTE TERRY 6390 FAWN LN Y 53 COYNE SUE 6384 FAWN LN Y 54 DEBRUZZI DILLON 6450 KINGFISHER Y 55 DEBRUZZI MICHAEL 6450 KINGFISHER Y 56 DEBRUZZI SHANNA 6450 KINGFISHER Y 57 DEDOMINES ANNETTE 6323 RED MAPLE LN Y 58 DISHNEAU COLLEEN 7002 W SHADOW LK DR Y 59 DISHNEAU RONALD 7002 W SHADOW LK DR Y 60 DOWNS LAURIE 940 EVERGREEN Y 61 DOWNS PETER 940 EVERGREEN Y 62 DUELLMAN CONSTANCE 2162 CEDAR ST Y 63 DUELLMAN KENNETH 2162 CEDAR ST Y 64 DUOOS MIKE 922 LOIS LN Y 65 EBBERS-FURMANEK CHRISTY 6958 W SHADOW LK DR Y 66 ECKERT TERESA 6472 N TRAPPERS XING Y 67 EMERSON BRUCE 476 HAWTHORN RD Y 68 ERICKSON BENTON 6868 W SHADOW LK DR Y 69 ERICKSON KRISTINE 6868 W SHADOW LK DR Y 70 ESLER CHARLOTTE 1004 EVERGREEN Y 71 ESLER JAMES 1004 EVERGREEN Y 72 EVENSON BETH 843 LOIS LN Y Petition - Lino Lakk. t`tizens for Safer Roads Lname Fname Address Valid Invalid Notes 73 EVENSON NEIL 843 LOIS LN Y 74 FAIRBANKS JENNIFER 768 COUNTRY LAKES Y 75 FAIRBANKS ROGER 768 COUNTRY LAKES Y 76 FAIRBANKS SHERI 768 COUNTRY LAKES Y 77 FANCHER ARLENE 6308 DEERWOOD Y 78 FANCHER DONALD 6308 DEERWOOD Y 79 FOOTE-WITTE JANE 6966 BLACK DUCK DR Y 80 FORLITI MARY 1390 KARTH RD N 1 *registered in Ramsey County 81 FORLITI PATRICK 1390 KARTH RD Y 82 FOSSEY BRIAN 6900 W SHADOW LK DR Y 83 FOSSEY HANNAH 6900 W SHADOW LK DR N 1 **registration recorded after signature date 84 FOSSEY JENNA 6900 W SHADOW LK DR Y 85 FOSSEY KIM 6900 W SHADOW LK DR Y 86 FREDLUND LORI 6991 BLACK DUCK DR Y 87 FREDLUND ROGER 6991 BLACK DUCK DR Y 88 FURMANEK JEFFREY 6958 W SHADOW LK DR Y 89 GEEHAN PATRICIA 7121 MOURNING DOVE Y 90 GESTSON RANDY 960 EVERGREEN Y 91 GESTSON SHARI 960 EVERGREEN Y 92 GIFFORD KURT 6873 BLACK DUCK DR Y 93 GILBERTSON ANNA 7758 CAROLE DR Y 94 GOLDEN JULIE 7625 PALOMINO Y 95 GOROWSKY DAN 998 LANTERN LN Y 96 GOROWSKY DEREK 6911 BLACK DUCK DR Y 97 GOROWSKY DONALD 6941 BLACK DUCK DR Y 98 GOROWSKY JOHN 6941 BLACK DUCK DR Y 99 GOTWALD GEORGE 6770 W SHADOW LK DR Y 100 GOTWALD LOGAN 6770 W SHADOW LK DR Y 101 GOTWALD MICHAEL 6770 W SHADOW LK DR Y 102 GOTWALD PAMELA 6770 W SHADOW LK DR Y 103 GRAVES BRIAN 906 LOIS LN Y 104 GRAVES KRISTINE 906 LOIS LN Y 105 GRAY JOHN 1120 HUDSON TRL Y 106 GRAY JULIE 1120 HUDSON TRL Y 107 GREENE WILLIAM 6693 E SHADOW LK DR N 1 invalid due to date on affidavit of circulator 108 GROOMS LAURA 6453 KINGFISHER CT Y Petition - Lino Lakes Citizens for Safer Roads Lname Fname Address Valid Invalid Notes 109 GROOMS TONY 6453 KINGFISHER CT Y 110 GUTZMAN DEBRA 6919 BLACK DUCK DR Y 111 HABLE CHRIS 7147 WHIPPOORWILL Y 112 HABLE ERIN 7147 WHIPPOORWILL Y 113 HANNIGAN-TOSNEY BRENDA 998 LANTERN LN Y 114 HANSON STEVEN 1036 EVERGREEN Y 115 HAPNA L JAMES 742 BEAVER TL N 1 not registered voter 116 HARMON HEIDI 6901 W SHADOW LK DR Y 117 HARMON JASON 6901 W SHADOW LK DR N 1 not registered voter 118 HARRELL MICHAEL 1363 HUNTERS RIDGE Y 119 HARVILLE LAURA 726 COUNTRY LAKES Y 120 HARVILLE ROBERT 726 COUNTRY LAKES Y 121 HAWLEY BRENDA 7215 STAGE COACH Y 122 HENDERSON KRISTY 6987 W SHADOW LK DR Y 123 HENDERSON TIMOTHY 6987 W SHADOW LK DR Y 124 HENRY DAVE 202 WOODRIDGE LN N 1 not registered voter 125 HENRY JULEE 202 WOODRIDGE LN N 1 not registered voter 126 HERON JIM 1350 TIMBERWOLF TL N 1 not registered voter 127 HERON MARY 1350 TIMBERWOLF TL Y 128 HESS JENNIFER 553 HAWTHORN Y 129 HESS TODD 553 HAWTHORN Y 130 HEYMER JILL 743 COUNTRY LAKES Y 131 HOLT DOUGLAS 6373 DEERWOOD Y 132 HOLT MARI 6373 DEERWOOD Y 133 HOVERMAN BRIAN 646 LOIS LN Y 134 HOVERMAN SARAH 646 LOIS LN Y 135 HOWELL BARRY 724 FOX RD Y 136 HOWELL KELSEY 724 FOX RD Y 137 HOWELL SUSAN 724 FOX RD Y 138 HUFFORD DEBBY 6429 TOMAHAWK TL Y 139 HUFFORD JOE 6429 TOMAHAWK TL Y 140 HULS HARLAN 858 LOIS LN Y 141 HULS SHEILA 858 LOIS LN Y 142 HUSU COREY 1457 HAWK RIDGE Y 143 HUSU KAREN 1457 HAWK RIDGE Y 144 HYDEN DEB 6857 BLACK DUCK DR Y Petition - Lino Lake 6ltizens for Safer Roads Lname Fname Address Valid Invalid Notes 145 HYDEN MICHAEL 6857 BLACK DUCK DR Y 146 JACKSON JEFF 6899 BLACK DUCK DR Y 147 JACKSON MARTA 6899 BLACK DUCK DR Y 148 JECH JAMES 6966 BLACK DUCK DR N 1 *registered in Hennepin County 149 JOHNSON BENJAMIN 6520 FAWN LN Y 150 JOHNSON DONALD 1043 CRYSTAL CT Y 151 JOHNSON STASIA 1043 CRYSTAL CT Y 152 JOYER ANDREW 874 LAKE DR Y 153 JOYER DOUGLAS 8174 LAKE DR Y 154 JOYER JEFFREY 874 LAKE DR Y 155 JOYER MARY JO 874 LAKE DR Y 156 JOYER MATTHEW 874 LAKE DR Y 157 KIEGER ALEXANDER 6844 W SHADOW LK DR Y 158 KIEGER LAURA 6844 W SHADOW LK DR Y 159 KIEGER WILLIAM 6844 W SHADOW LK DR Y 160 KIRKLAND BETH 760 FOX RD Y 161 KIRKLAND BILLY 760 FOX RD Y 162 KIRKLAND KEITH 760 FOX RD Y 163 KLEHR DAVE 1555 SHERMAN LK RD Y 164 KLEHR JENNIFER 1555 SHERMAN LK RD Y 165 KNAPP BARB 6996 BLACK DUCK DR Y 166 KNAPP JEFFREY 6996 BLACK DUCK DR N 1 **registration recorded after signature date 167 KNAPP STEVEN 6996 BLACK DUCK DR Y 168 KNILANS PATRICIA 6664 HOKAH DR Y 169 KOCSIS LASZLO 616 AQUA CIR Y 170 KOLAK BRIAN 6456 DEERWOOD Y 171 KOLAK RYAN 6456 DEERWOOD Y 172 KOPPY DOUG 6689 E SHADOW LK DR Y 173 KORST PHILIP 6725 E SHADOW LK DR N 1 invalid due to date on affidavit of circulator 174 KORST TERRY 6725 E SHADOW LK DR N 1 invalid due to date on affidavit of circulator 175 KRAGNESS KARI 6453 KINGFISHER CT Y 176 KRANZ KRISTI 6832 W SHADOW LK DR Y 177 KRANZ SCOTT 6832 W SHADOW LK DR Y 178 KRAUSE JOHN 6960 BLACK DUCK DR Y 179 KREIGLER LYNN 701 FOX RD Y 180 KRIEGLER JOANN 6257 W SHADOW LK DR Y Petition - Lino Lakes Citizens for Safer Roads Lname Fname Address Valid Invalid Notes 181 KRIEGLER JOHN 6257 W SHADOW LK DR Y 182 KRIEGLER PAUL 701 FOX RD Y 183 KRINKIE BRUCE 6881 BLACK DUCK DR Y 184 KRINKIE JODI 6881 BLACK DUCK DR Y 185 KROLAK MARY JO 6932 BLACK DUCK DR Y 186 KUCK HOPE 546 LINDEN LN Y 187 KUCK KIM 546 LINDEN LN Y 188 KUIK RACHEL 6910 W SHADOW LK DR Y 189 KUIK ROBERTA 6910 W SHADOW LK DR Y 190 KUIK TIMOTHY 6910 W SHADOW LK DR Y 191 KULSRUD LEAH 6999 W SHADOW LK DR Y 192 KULSRUD DAVE 6999 W SHADOW LK DR Y 193 KUSCHKE JOAN 6566 HOKAH DR Y 194 KUSTERMAN SHARYN 744 COUNTRY LAKES Y 195 KUSTERMAN WILLIAM 744 COUNTRY LAKES Y 196 LANDBERG SONDRA 6349 PAINTED TURTLE Y 197 LANDBERG STEVEN 6349 PAINTED TURTLE Y 198 LAPADAT JOHN 130 WOODRIDGE LN Y 199 LAPADAT ROXANNE 130 WOODRIDGE LN Y 200 LAURECH BRUCE 1409 SHERMAN LK RD Y 201 LAURECH LINDA 1409 SHERMAN LK RD Y 202 LIESCH LAURA 809 COUNTRY LAKES DR Y 203 LINDBERG JULIE 6867 W SHADOW LK DR Y 204 LINDBERG PHILIP 6867 W SHADOW LK DR Y 205 LOVICK DAVID 6255 HOLLOW LN Y 206 LOVICK NANCY 6255 HOLLOW LN Y 207 LUCZAK JULIE 487 LONESOME PINE N 1 not registered voter 208 LUCZAK TONY 487 LONESOME PINE Y 209 MAJEWSKI DONNA 1039 EVERGREEN Y 210 MAJEWSKI THOMAS 1039 EVERGREEN Y 211 MAJEWSKI TYLER 1039 EVERGREEN Y 212 MALLEY ELAINE 6969 BLACK DUCK DR Y 213 MALLEY FRANK 6969 BLACK DUCK DR Y 214 MARTIN DON 707 FOX RD Y 215 MARTIN MARTHA 707 FOX RD Y 216 MCCONNELL KAREN 851 LOIS LN Y Petition - Lino Lakt. ) tizens for Safer Roads Lname Fname Address Valid Invalid Notes 217 MCCONNELL STEVE 851 LOIS LN Y 218 MCDERMOTT ERIN 7026 W SHADOW LK DR Y 219 MCDERMOTT KAREN 7026 W SHADOW LK DR Y 220 MCDERMOTT PATRICK 7026 W SHADOW LK DR Y 221 MCDONALD STEVEN 7433 JEANNE DR N 1 not registered voter 222 MCGEE MARSHA 6697 E SHADOW LK DR Y 223 MCGOUGH JANET 153 PARKVIEW DR Y 224 MCGOUGH MIKE 153 PARKVIEW DR Y 225 MCGREGOR JODI 6979 BLACK DUCK DR Y 226 MCGREGOR PETER 6979 BLACK DUCK DR N 1 not registered voter;***no date of birth given 227 MEIERHOFER JOHN 6910 BLACK DUCK DR Y 228 METZMAER MIKE 6879 W SHADOW LK DR Y 229 METZMAKER LEEANN • 689 W SHADOW LK DR Y 230 MEYER DEBRA 6988 W SHADOW LK DR Y 231 MEYER JOSEPH 6988 W SHADOW LK DR Y 232 MIKOLAI RON 764 FOX RD Y 233 MLINER DAVID 787 BEAVER CIR Y 234 MOHR ALYSSA 7021 W SHADOW LK DR Y 235 MOHR AUSTIN 7021 W SHADOW LK DR Y 236 MOHR KATHLEEN 7021 W SHADOW LK DR Y 237 MONTGOMERY BRENDA 496 LOIS LN Y 238 MULLINS ALEX 6673 HOKAH DR Y 239 MULLINS MARGARET 6673 HOKAH DR N 1 not registered voter 240 MULLINS VIRGINIA 6673 HOKAH DR Y 241 MURAWSKI CURT 6843 W SHADOW LK DR Y 242 MURAWSKI JACKIE 6843 W SHADOW LK DR Y 243 NELSON DENISE 6345 CHEROKEE TL Y 244 NELSON ERYN 6946 W SHADOW LK DR Y 245 NELSON GARY 6946 W SHADOW LK DR Y 246 NELSON JOEL 6345 CHEROKEE TL Y 247 NELSON KELLYE 6946 W SHADOW LK DR Y 248 NELSON MICHAEL 980 EVERGREEN Y 249 NELSON ROBERT 6733 E SHADOW LK DR N 1 invalid due to date on affidavit of circulator 250 NELSON SALLY 6946 W SHADOW LK DR Y 251 NELSON SYLVIA 980 EVERGREEN Y 252 NOREN BERT 785 LOIS LN Y Petition - Lino Lakes Citizens for Safer Roads Lname Fname Address Valid Invalid Notes 253 NOREN JEFF 785 LOIS LN Y 254 NUGENT CHRISTINE 6937 W SHADOW LK DR N 1 not registered voter 255 NUENT RANDY 6937 W SHADOW LK DR Y 256 ODLAND DEB 6962 BLACK DUCK DR Y 257 ODLAND KRISTINA 353 SIOUX LOOKOUT Y 258 ODLAND TOM 6269 BLACK DUCK DR Y 259 ODLAND-THIELEN RITA 353 SIOUX LOOKOUT Y 260 OLLILA BEN 6680 HOKAH DR N 1 *registered in Nicollet County 261 OLLILA BONNIE 6680 HOKAH DR Y 262 OLLILA DANIEL 6680 HOKAH DR Y 263 OLSON DAROLD 898 LOIS LN Y 264 OLSON GREG 6916 W SHADOW LK DR Y 265 OLSON KATHY 174 PARKVIEW DR Y _ 266 OLSON KIM 6916 W SHADOW LK DR Y 267 OLSON RYAN 6916 W SHADOW LK DR N 1 *registered in Stearns County 268 OLSON VICKIE 163 GLENVIEW AVE Y 269 OREN LAURA 6977 BLACK DUCK DR N _ 1 ***No date of birth given 270 ORNELL ALLIE 1047 MALLARD DR N 1 not registered voter 271 ORNELL BEVERLY 1097 MALLARD LN Y 272 ORNELL JAMES 1047 MALLARD DR Y 273 ORNELL TIM 1047 MALLARD DR Y 274 O'TOOLE SHARON 7002 W SHADOW LK DR Y 275 PARKINSON JODY 1535 STONEYBROOK Y 276 PARKINSON JOHN 1535 STONEYBROOK Y 277 PARTINGTON BRET 484 HAWTHORN Y 278 PARTINGTON CHRISTY 484 HAWTHORN Y 279 PAULSON JOHN 6315 DEERWOOD LN Y 280 PAULSON MELISSA 6315 DEERWOOD LN Y 281 PAULSON SUSAN 6315 DEERWOOD LN Y • 282 PAVEK JERRY 6657 HOKAH DR N 1 not registered voter 283 PENN MARGARET 7002 W SHADOW LK DR Y 284 PEREZ HENRY 1392 TIMBERWOLF TL Y 285 PERRY DANIEL 6982 W SHADOW LK DR Y 286 PERRY PAMELA 6982 W SHADOW LK DR Y 287 PETERSON CHRISTINE 1044 EVERGREEN Y 288 PETERSON MELISSA 647 RIVER BIRCH PL Y Petition - Lino Lake llzens for Safer Roads Lname Fname Address Valid Invalid Notes 289 PETERSON TIM 358 SIOUS CT Y 290 PINOLA GAIL 1045 CRYSTAL CT Y 291 PINOLA JOHN 1045 CRYSTAL CT Y 292 PITTMAN GABE 985 EVERGREEN N 1 not registered voter 293 PITTMAN KATHY 985 EVERGREEN N 1 not registered voter 294 PLOCHOCKI GREGG 990 EVERGREEN N 1 not registered voter 295 PLOCHOCKI JAMIE 990 EVERGREEN Y 296 POEHLING JEROME 6790 W SHADOW LK DR Y _ 297 POEHLING MONA 6790 W SHADOW LK DR Y 298 POTHEN DAVID 1452 SHERMAN LK RD Y 299 PUSKAS CHARLES 6994 W SHADOW LK DR Y 300 PUSKAS SUSAN 6994 W SHADOW LK DR Y 301 QUISBERG JENNIFER 6925 W SHADOW LK DR Y 302 RAFFERTY MARK 750 COUNTRY LAKES Y 303 RAFFERTY SHERYL 750 COUNTRY LAKES Y 304 REESE KIM 7131 GREY SQUIRREL Y 305 REESE LARRY 7131 GREY SQUIRREL Y 306 RIVARD BLAKE 8194 LAKE DR Y 307 RIVARD KATHY 8194 LAKE DR Y 308 ROBERTS BRADLEY 1553 SHERMAN LK RD Y 309 ROBERTS ELIZABETH 1553 SHERMAN LK RD Y 310 ROLSTAD NANCY 1505 E HOLLY DR Y 311 ROOT MICHAEL 1066 CRIPPLE CREEK Y 312 SARGENT JACK 1357 HUNTERS RIDGE Y 313 SARGENT MARY 1357 HUNTERS RIDGE Y 314 SCHACK CELESTE 763 FOX RD Y 315 SCHACK GILLIAN 763 FOX RD Y 316 SCHACK MICHAEL 763 FOX RD Y 317 SCHACK ROBERT 763 FOX RD Y 318 SCHAEFER TOM 6911 BLACK DUCK DR Y 319 SCHAEFER ZINDA 6911 BLACK DUCK DR Y 320 SCHMITZ STEVE 998 ASPEN LN Y 321 SCHRAAD ANDY 1439 PONDVIEW CIR Y 322 SCHRAAD JANICE 1439 PONDVIEW CIR Y 323 SCHULTZ LORI ANN 6965 W SHADOW LK DR Y 324 SCHULZE AMBER 199 GREEN BRIAR Y Petition - Lino Lakes Citizens for Safer Roads Lname Fname Address Valid Invalid Notes 325 SCHULZE TIM 199 GREEN BRIAR Y 326 SCHUT RON 6998 BLACK DUCK DR Y 327 SCHWEITZER SUE 6631 RUFFED GROUSE Y 328 SEARLE GARY 6302 DEERWOOD LN Y 329 SEARLE NANCY 6302 DEERWOOD LN Y 330 SEVER JOHN 6892 W SHADOW LK DR Y 331 SHEEHY LIZ 6749 E SHADOW LK DR N 1 invalid due to date on affidavit of circulator 332 SIEBER LAWRENCE 891 LOIS LN Y 333 SINGER IRVIN LEE 6928 W SHADOW LK DR N 1 duplicate signature 334 SINGER IRVIN LEE 6928 W SHADOW LK DR Y 335 SINGER JORDAN 6928 W SHADOW LK DR Y 336 SINGER JOSHUA 6928 W SHADOW LK DR Y 337 SINGER JUDY 69028 W SHADOW LK DR Y 338 SLATZ MONI 6283 RED MAPLE LN Y 339 SMITH ANTHONY 6922 W SHADOW LK DR Y 340 SMITH DEBRA 6922 W SHADOW LK DR N 1 not registered voter 341 SMITH GREGORY 6398 W SHADOW LK DR Y 342 SMITH JULI 6398 W SHADOW LK DR Y 343 SMITH KRISTINA 6922 W SHADOW LK DR Y 344 SMITH PATRICK 6922 W SHADOW LK DR Y 345 STANTON MARY 6856 W SHADOW LK DR Y 346 STEINBERG RALPH 736 FOX RD Y 347 STELTER MIKE 1018 EVERGREEN Y 348 STELTER SHAWN 1018 EVERGREEN Y 349 STERN ERIC 6820 W SHADOW LK DR Y 350 STERN JAMES 6820 W SHADOW LK DR Y 351 STERN SHERYL 6820 W SHADOW LK DR Y _ 352 STRANIK JOSEPH 6324 DEERWOOD LN Y 353 STRANIK KRISTI 6324 DEERWOOD LN Y 354 STUEWER THERESA 719 COUNTRY LAKES Y 355 STULL ALYSSA 1537 SHERMAN LK RD Y 356 STULL CYNDEE 1537 SHERMAN LK RD Y 357 STULL GREG 1537 SHERMAN LK RD Y 358 STULL NICK 1537 SHERMAN LK RD N 1 not registered voter 359 STUTE MATTHEW 6967 W SHADOW LK DR Y 360 SUMMERS SHARON 1050 EVERGREEN N 1 not registered voter Petition - Lino Lake_ lizens for Safer Roads Lname Fname Address Valid Invalid Notes 361 SUMMERS STEVEN 1050 EVERGREEN N 1 not registered voter 362 SWANGSTUE KELLEY 6301 COYOTE TL • Y 363 SWANGSTUE KELSEY 6301 COYOTE TL Y 364 SWANGSTUE LARRY 6301 COYOTE TL Y 365 TESSIER LORI 655 SHADOW CT Y 366 TESTIN ELLEN 8016 DANUBE Y 367 TESTIN NEAL 8016 DANUBE Y 368 THIELEN MARK 724 FOX RD Y 369 THIELMAN ANN 6585 SIOUX LN Y 370 THIELMAN DOUG 6585 SIOUX LN Y 371 THOMPSON JEAN 1029 LANTERN CIR Y 372 THOMPSON RICHARD 1029 LANTERN CIR Y 373 TOFFOLI CANDACE 6865 BLACK DUCK DR Y 374 TOLKINEN CHERI 688 RIVER BIRCH PL Y 375 TOLKINEN GARY 688 RIVER BIRCH PL Y 376 TOSNEY JAMES 998 LANTERN LN Y 377 TRALLE JACOB 945 EVERGREEN Y 378 TRALLE LAUREL 945 EVERGREEN Y 379 TRALLE LAYNE 945 EVERGREEN Y 380 TRALLE PAUL 945 EVERGREEN Y 381 TRAVER ROXANNE 6750 W SHADOW LK DR Y 382 TRAVER THOMAS 6750 W SHADOW LK DR Y 383 TRETUA TODD 769 COUNTRY LAKES Y 384 TROUNCE KRIS 1007 EVERGREEN Y 385 TROUNCE MEGAN 1007 EVERGREEN Y 386 TROUNCE TIM 1007 EVERGREEN Y 387 ULFIG COLLEEN 7702 APPALOOSA LN Y 388 ULRICH EMILY 544 HAWTHORN N 1 not registered voter 389 ULRICH KATHRYN 544 HAWTHORN Y 390 ULRICH MICHAEL 544 HAWTHORN Y 391 VANGILDER AMY 755 COUNTRY LAKES DR Y 392 VANGILDER JEFF 547 HAWTHORN Y 393 VANGILDER JON 755 COUNTRY LAKES DR Y 394 VANGILDER JORDON 755 COUNTRY LAKES DR Y 395 VANSELOW JONI 6933 BLACK DUCK DR Y 396 VOIGTLANDER ASHLEY 1574 MERGANSER CT N 1 `registered in Nicollet County Petition - Lino Lakes Citizens for Safer Roads Lname Fname Address Valid invalid Notes 397 VOIGTLANDER LORI 1574 MERGANSER CT Y 398 VOIGTLANDER RON 1574 MERGANSER CT Y 399 WALL KAREN 6520 DEERWOOD LN Y 400 WALL TOM 6520 DEERWOOD LN Y 401 WALSTROM BRENDA 6672 HOKAH DR Y 402 WARNER PEG 882 LOIS LN Y 403 WEBER MICHELE 890 LOIS LN Y 404 WEBER ROGER 890 LOIS LN Y 405 WENDLEN CAROLYN 6985 BLACK DUCK DR Y 406 WENDT CHRIS 6959 BLACK DUCK DR Y 407 WENDT DAN 6959 BLACK DUCK DR Y 408 WESTLING BRENDA 947 LOIS LN Y 409 WESTLING MARK 947 LOIS LN Y 410 WHITE RONALD 6631 RUFFED GROUSE Y 411 WIELAND MICHAEL 6741 E SHADOW LK DR Y 412 WINDEY KATHY 6325 COYOTE Y 413 WINDEY TIMOTHY 6325 COYOTE Y 414 WIRZ TONY 938 LOIS LN Y 415 WIRZ WENDY 938 LOIS LN Y 416 WOELTZ TOM 762 COUNTRY LAKES Y 417 YODER ANN 7768 CAROLE Y 418 YODER CINDA 7768 CAROLE N 1 not registered voter 419 YOTTER TRISH 874 LOIS LN Y 420 ZEWERS JANE 103 WHITE PINE RD Y 421 ZIMMERMAN KAREN 6644 WHITE BIRCH Y 43 *The Minnesota Secretary of State's Office has informed the City that the signatory must be registered to vote in the impacted area (City of Lino Lakes) Petition - Lino Laky, tizens for Safer Roads Lname Fname Address Valid Invalid Notes **The Minnesota Secretary of State's Office has informed the City that the signatory must be registered as of the date they signed the petition ***The standard practice of the Minnesota Secretary of State's Office has been to reject signatures that do not list the year of birth Supplemental Petition Signatures 1 ACKERMAN KRISTEN 1124 S TRAPPERS XING Y 2 ACKERMAN GRANT 1124 S TRAPPERS XING Y 3 ANDERSEN SVEND 6774 E SHADOW LK DR Y 4 BAILEY GERRI 8312 LAKE DR N 1 not registered voter 5 BAILEY RICK 8312 LAKE DR Y 6 BOECKMAN ANNE 6492 TOMAHAWK TR Y 7 BOECKMAN MARTY 6492 TOMAHAWK TR Y 8 BYRNE SCOTT 1410 CANFIELD RD Y 9 BYRNE VICTORIA 1410 CANFIELD RD Y _ 10 BYRNE MEGAN 1410 CANFIELD RD Y 11 CASANOVA PAUL 6323 DEERWOOD LN Y 12 CORDES MARK 1132 HUDSON TR Y 13 COTE JANE 101 PALOMINO LN Y 14 DAVIES KRISTY 166 SUNFLOWER LN Y 15 DEHAVEN MARTHA 1612 BIRCH ST Y 16 DEHAVEN JOHN 1612 BIRCH ST Y 17 EMERSON JULIE 476 HAWTHORN RD Y 18 FEDT DAVID 6559 BLACKDUCK DR Y 19 FITZPATRICK KEVIN 6332 DEERWOOD LN Y 20 FITZPATRICK PAMELA 6332 DEERWOOD LN Y 21 FOSSEY HANNAH 6900 W SHADOW LK DR Y Petition - Lino Lakes Citizens for Safer Roads Lname Fname Address Valid Invalid Notes 22 GEEHAN DAVID 7121 MOURNING DOVE RI Y 23 GESKE ANDY 874 MAPLE ST N 1 not registered voter 24 GIBBONS PATRICK 568 ARROWHEAD CT Y 25 GIBBONS BRENDA 568 ARROWHEAD CT Y 26 GROMEK CRAIG 145 WOODRIDGE LN Y 27 HACKETT JEFFREY 7275 MEADOW CT Y 28 HAUER JOSHUA 446 AQUA CIRCLE N 1 not registered voter 29 HAUER JASON 6910 SUNSET AV N 1 not registered voter 30 JOHNSON TERRY 987 MAPLE ST Y 31 JOHNSON THERESA 987 MAPLE ST Y 32 KERAN TAMERA 1144 HUDSON TR N 1 not registered voter 33 KERAN TOM 1144 HUDSON TR N 1 invalid due to date on affidavit of circulator 34 KUHNLY JAYNE 241 WOODRIDGE LN Y 35 KUHNLY KEITH 241 WOODRIDGE LN Y 36 KVINGE DAN 201 WOODRIDGE LN Y 37 KVINGE KATHY 201 WOODRIDGE LN Y 38 LAMBERT BEN 6339 DEERWOOD LN Y 39 LIESCH MICHAEL 809 COUNTRY LK RD Y 40 LIESCH LAURA GEORGE 809 COUNTRY LK RD 6823 E SHADOW LK DR N Y 1 duplication (signed original petition) 41 LINDY 42 LINDY BARBARA 6823 E SHADOW LK DR. Y 43 MELBY KRISTIN 6685 RUFFED GROUSE R Y 44 MELBY JEFFREY 6685 RUFFED GROUSE R Y 45 MICHAUD JOHN 8178 LAKE DR Y 46 MICHAUD LILLIAN 8178 LAKE DR Y 47 MOHR BLAKE 7021 W SHADOW LK DR Y 48 OGREN BRECK 6835 E SHADOW LK DR Y 49 OGREN JENNIFER BANN 6835 E SHADOW LK DR Y 50 OLDENBURG GREG 1119 S TRAPPERS XING Y 51 OLDENBURG TAMMY JEAN 1119 S TRAPPERS XING Y 52 PETRANGELO-SMITH DEBRA 6922 W SHADOW LK DR Y 53 RICH MARCIA 7573 PATTI DR Y 54 RICH TIM 7573 PATTI DR Y 55 SCHALLY DIANE 892 MAPLE ST Y 56 SCHLENDER TOM 6340 DEERWOOD LN Y 57 SCHRAAD MICHAEL 1439 PONDVIEW CIRCLE Y Petition - Lino Laks_ )Izens for Safer Roads Lname Fname Address Valid Invalid Notes 58 SHANNON PATRICK 785 FOX RD Y 59 SPINNER ANNE 1581 LAMOTTE DR Y 60 SPINNER JEFF 1581 LAMOTTE DR N 1 not registered voter 61 STRONG MICHAEL 6316 DEERWOOD LN Y 62 THROWER SCOTT 7831 LAKE DR N 1 not registered voter 63 TORGERSON LEANN 1128 S TRAPPERS XING Y 64 VEENEMAN JEANNE 1126 HUDSON TR Y 65 VEENEMAN PAUL 1126 HUDSON TR Y 66 YODER KLAUS 7768 CAROLE DR _ Y 9 Monday, July 23, 2007 *********** 5:15 p.m. City Council: Mayor Bergeson, Council Members Carlson, O'Donnell, Reinert & Stoltz City Administrator: Gordon Heitke > Call to Order and Roll Call 5:20 p.m. — Present were Mayor Bergeson, Council Members O'Donnell, Reinert, Carlson Absent — Council Member Stoltz A. Meet with Charter Commission Chair, Ms. Cori Duffy Action Taken: (,A letter was submitted by Ms. Duffy requesting addnl CM -Mk -for the Charter Commission; ounc cuss a Aug isr6 work session B. Request for use of City newsletter Action Taken: Informational portion of article will be included with other Charter Commission info in upcoming newsletter Action Taken: Motion by O'Donnell, seconded by Reinert, to adjourn at 6:00 p.m. passed on a voice vote �r 5I (A. (-cc-0- S..w eu-ak. Cen-ccc a 3 f zoo- 1 6256 Hollow Lane Lino Lakes, MN 55014 July 23, 2007 Mayor and City Council of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014-1182 Dear Mayor and City Council Thank you for honoring my request to be added to the work session agenda for this evening. I appreciate the opportunity to meet with you on short notice. On behalf of the Lino Lakes Charter Commission, I hereby request additional funding for the Charter Commission to cover upcoming publishing and legal expenses. The funding amount shall equal no more than what has been allocated to and expended by the Lino Lakes Citizens Task Force in 2007. I also request that the final decision to this funding request be added to tonight's City Council agenda for an official record and vote at the City Council meeting. Thank you for your prompt attention to this matter. Chair, Lino Lakes Charter Commission COUNCIL MINUTES — SPECIAL MEETING JULY 23, 2007 APPROVED 1 CITY OF LINO LAKES 2 SPECIAL CITY COUNCIL MEETING 3 MINUTES 4 5 6 DATE : July 23, 2007 7 TIME STARTED : 5:20 p.m. 8 TIME ENDED : 6:00 p.m. 9 MEMBERS PRESENT : Councilmember Carlson, O'Donnell, Reinert, 10 and Mayor Bergeson . 11 MEMBERS ABSENT : Councilmember Stoltz 12 13 Staff members present: City Administrator, Gordon Heitke; Economic Development Coordinator, 14 Mary Alice Divine; Director of Public Safety, Dave Pecchia; City Engineer, Jim Studenski; and City 15 Clerk, Julie Bartell 16 17 18 LINO LAKES CHARTER COMMISSION 19 20 Meet with Charter Commission Chair, Ms. Cori Duffy — Ms. Duffy presented a letter to the 21 council from the Charter Commission requesting additional funding for commission expenses related 22 to publishing and legal expenses. She asked that the matter be voted upon at the council meeting later 23 in the evening. 24 25 The council learned that the commission has an annual city budget and the amount provided in 2007 26 is $1,500, with $939 remaining. The council recognizes that the commission may need additional 27 funding related to study of the proposed charter amendment but asked that the commission put 28 together more specifics including the amount requested. The commission should have enough funds 29 remaining to provide for one additional meeting. The council would consider a more specific request 30 at their next work session on August 6. 31 32 The council discussed the amount of funds that the city has provided and may continue to provide to 33 the Citizen's Task Force to Review Charter Provisons for Local Improvements and expressed the 34 desire to review future expenses related to that group. 35 36 Request for use of City newsletter — Administrator Heitke explained that the city received an article 37 from Ms. Cori Duffy, Charter Commission Chair, with her request that the article be included in the 38 city's fall newsletter. The request is brought to the council because there is no precedent on this type 39 of information and staff needs council direction as to whether or not it should be included. 40 41 The council determined that the article is editorial in nature and they have not included that type of 42 information in the newsletter in the past. There was no council action to change that policy. 43 1 WORK SESSION AGENDA CITY OF LINO LAKES Monday August 6, 2007 CITY COUNCIL WORK SESSION Community Room (not televised) 5:30 P.M. gtaytc- Grat 1 Anoka County HRA/EDA, Karen Skepper 2. Spirit Hills Parking, Rockey Goertz 3. Land Acquisition, Anderson Builders 4. Water System Plans/Studies Update a. Water F.mergency and Conservation Plan b. Water Treatment Feasibility Report c. Update on Utility Rate Study — Al R.olek will present verbally at the meeting 5. Proposed Charter Amendment/Street Reconstruction Projects - To Follow a. Process and Timeframe Charter Commission Funding Reque Public Information 6 Compensation Study Proposal, Ann Antonsen 7. 2007-2008 Council Goals 8. Distribution/Designation of Remaining Funds — Memorial Hospital District 6. 9. Budget Process — Requests from Outside Organizations 10. Lino Lakes Ambassador Program Request for Use of City Vehicle 11. VLAWMO Budget/JPA — To Follow Adjourn CITY COUNCIL WORK SESSION August 6, 2007 APPROVED 92 sensor requirements for automatic sprinkler systems and an appropriate water rate 93 structure. 94 95 The council indicated that staff should continue to prepare plans to communicate with the 96 citizens on this matter. The council should be kept informed and involved. They advise 97 that citizens should be brought into this process as much as possible. 98 99 Water Treatment Plant Feasibility Study — Bernie Bullert, TKDA Consultant to the 100 project, presented his report to the council. Current health requirements and resident 101 complaints don't warrant water treatment, however, the process of developing a plant is 102 complex and future planning necessary. The study addresses water quality, future water 103 demands, site selection, plant floor plans, future infrastructure needs and financing/funding 104 alternatives. 105 106 City Engineer Studenski added that the city's current wells are pretty much being run at 107 maximum. 108 109 The council confirmed that future needs are being planned for in the city's five year capital 110 improvement plan, with the exception of a treatment plant that would be planned beyond 111 the five year threshold. 112 113 Update on Utility Rate Study- Finance Director Rolek explained that a utility rate study 114 is currently being done by Springsted, Inc. with input being provided by the city. The 115 report will be presented in September or October of this year. 116 117 PROPOSED CHAR1'J R AMENDMENT/STREET RECONSTRUCTION 118 PROJECTS 119 Process and Timeline - City Clerk Bartell provided the council with a timeline relative to 120 the proposed charter amendment (regarding local improvements). The amendment was 121 proposed by the Citizen's Task Force to Review Charter Provisions for Local 122 Improvements, presented in ordinance form to the council, approved for first reading and 123 referred to the Charter Commission. The Commission may chose to act upon the 124 ordinance within 60 days, allowing the council to place the matter on the ballot in 125 November, or the commission may request a 90 day extension by which the amendment 126 could not be included on the fall ballot. 127 128 The timeline for the staff proposed Shenandoah and West Shadow Lake Drive 129 Improvement Projects was reviewed. Feasibility studies for both projects are in place, 130 neighborhood meetings have been held and the projects are currently in a 60 day waiting 131 period during which petitions for or against may be received. Based on what occurs during 132 the 60 days, a referendum question for the fall ballot could be considered by the council at 133 the September 10 council meeting. 134 135 Charter Commission Funding Request — The Charter Commission submitted a request 136 for additional funding in 2007 at the last council work session. The council had requested 137 a more specific request but no additional information on the request was received. 3 CITY COUNCIL WORK SESSION August 6, 2007 APPROVED 138 139 The council requested a breakdown of the city's expenses related to the Citizen's Task 140 Force to Review Charter Provisions for Local Improvements. 141 142 Public Information — The Charter Commission had submitted a request to include an 143 article in the city's fall newsletter at the last council work session. The council directed 144 staff to work with the commission to develop an informational article on the role of the 145 charter commission as well as open appointments. City Clerk Bartell informed the council 146 that Charter Commission Chair Cori Duffy had worked with newsletter coordinator Mary 147 Alice Divine. 148 149 2007-2008 COUNCIL GOALS — 2007-2008 goals and performance objectives were 150 established by the council on March 28, 2007. The goals are presented to the council with 151 proposed actions steps, lead parties and funding sources for consideration of approval at a 152 future council meeting. 153 154 Some council members expressed concern that the goals should be considered earlier in 155 the year. Goal #4A2 was found to be redundant was stricken from the document. 156 157 Staff directed to include the goals on the upcoming council agenda. The goals should be 158 brought forward earlier next year and the action on the goals should include a quarterly 159 review process by the council. 160 161 DISTRiBUTION/DESIGNATION OF REMAINING FUNDS — MEMORIAL 162 HOSPITAL DISTRICT 6 — Finance Director Rolek explained that the Memorial 163 Hospital District dissolved in 2006 and distributed their remaining funds on a pro -rata 164 basis to the cities involved in the district. Staff is seeking council direction on how the 165 funds should be utilized. 166 167 The council suggested that use of the funds be considered during the budget process. The 168 council could pass a resolution at that time indicating an appropriate use. 169 170 BUDGET PROCESS — REQUESTS FROM OUTSIDE ORGANIZATIONS — Finance 171 Director Rolek reviewed the list of funding requests received from outside entities for the 172 2007 and 2008 budget years. 173 174 Director of Public Safety Pecchia noted that if funding requests are to be considered, the 175 Forest Lake Youth Service Bureau and the Bureau of Mediation Services should be added 176 to the list. 177 178 The council did not commit to consider outside funding requests but discussed the 179 possibility of formulating criteria to consider requests. 180 181 LINO LAKES AMBASSADOR PROGRAM — REQUEST FOR USE OF CITY 182 VEHICLE — Regarding the request of the Blue Heron Days Committee and Lino Lakes 183 Ambassador Program for the city to provide a city vehicle for the parade float, the council 4 CITY COUNCIL WORK SESSION September C2007 APPROVED 1 Engineering Staff - Regarding the matter of a change to in-house engineering staff, 2 Community Development Director Grochala provided additional information comparing 3 budgets for in-house services versus by contract. Next year would be a transition year so 4 the figures for 2008 don't present a complete change. Some services such as plan review, 5 land use applications and development review could become in-house and would have a 6 revenue stream to the city's general fund. Staff has estimated the general engineering 7 costs to the city over the past three years because those costs are part of a larger 8 engineering budget. The average rate paid for contracted engineering staff is estimated at 9 about $98 per hour versus the proposed in-house budget of $53 per hour. The funding 10 source numbers used are very conservative. Director Grochala stated that he is basically 11 indifferent about the change since the city would be well served either way but there does 12 appear to be some potential for cost savings. He also added that 1'KDA has attempted to 13 present options to reduce the cost of their services to the city in reaction to the proposal to 14 go in-house. The proposal became a part of the budget when it was proposed by the 15 department as part of the 5 Year Plan. 16 17 The council debated the process by which a change was brought forward and the 18 appropriateness of staff including the change in the proposed 2008 budget. 19 20 There was some suggestion that discussion about a change had occurred without the 21 knowledge of the full council; Council Member ODonnell requested that the record 22 reflect that he personally did not discuss the matter outside of official council sessions 23 other than to ask the city administrator one question the day previous. 24 25 The council did not reach a decision on the engineering item. Finance Director Rolek 26 confirmed that the proposed budget figures could stand with either option mainly because 27 2008 was budgeted as a transition year. The revenue changes would have to be worked 28 out. 29 30 The council will have a discussion of rebalancing the budget as all outstanding questions 31 are decided. 32 33 Charter Commission - Charter Commissioners were present with a request for addition 34 of $5,000 to their 2008 budget. Charter Chair Cori Duffy stated that the current annual 35 budget of $1,500 is not adequate for this year's work level even though they've been very 36 cautious with the funding they have. They are working on charter amendment issues and 37 may require some legal expertise. 38 39 The council concurred that the request is reasonable but confirmed that it wouldn't be an 40 eternal yearly addition to their budget. There may be an issue for 2007 funding and the 41 commission will inform the council when and if an adjustment is needed. 42 2 REVISED Monday September 24, 2007 (Scheduled to be broadcast on Channel 16) City Council: Mayor Bergeson, Council Members Carlson, O'Donnell,. Reinert & Stoltz City Administrator: Gordon Heitke NCIL :WORKSESSIOIC5! 30 P Community Room (not televised) A) Review of Regular Meeting Agenda tFzi ' ;t ., gQVX=1 MEETING 6:'30'rP. > Public Comment > Call to Order and Roll Call ➢ Pledge of Allegiance > Setting the Agenda: Addition or deletion of agenda items latateeNSENTRAGENVAtax r . A) Consideration of Expenditures: i) September 24, 2007 (Check No. 81072 through 81195) in the amount of $1,447,038.72; ii) Centennial Fire District (Check No. 2881 through 2896) in the amount of $45,965.42 B) Consider approval of August 27, 2007 Council Work Session (Budget) Minutes C) Consider approval of September 4, 2007 Council Work Session (Budget) Minutes D) Consider approval of September 5, 2007 Council Work Session Minutes E) Consider approval of September 10, 2007 City Council Meeting Minutes Pg. 4-20 Pg. 21-22 Pg. 23-25 Pg. 26-31 Pg. 32-38 Consider approval of application of Aquinas Roman Catholic Home Education Services to conduct an excluded bingo event on November 2, 2007 at St. Joseph's Church Pg. 39 G) Consider approval of Lino Lakes Civic Center Access Policy Pg. 40 AGENDA ITEM 2A `..-- STAFF ORIGINATOR Al Rolek, Director of Finance MEETING DATE: September 24, 2007 TOPIC: Consider Resolution No. 07 -155, Approving 2007 General Fund Budget Amendment For Charter Commission Expenditures VOTE REQUIRED: 3/5 BACKGROUND: At a special city council meeting held on July 23, 2007, Charter Commission Chair Cori Duffy appeared before the council to request additional funding in 2007 for anticipated commission expenses related to publishing and legal expenses. The council recognized that the commission may need additional finding related to study of the proposed charter amendment, but asked that the commission put together more specifics including the amount requested for consideration at the August 6 work session. Chair Duffy has submitted a letter requesting $5,250 of additional funding for outside legal services to assist in the review of the proposed charter amendment. OPTIONS: 1. Approve Resolution No. 07-155 amending the 2007 General Fund Budget for additional Charter Commission expenditures 2. Deny Resolution No. 07-155 CITY COUNCIL WORK SESSION APPROVED CITY OF LINO LAKES MINUTES DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT September 24, 2007 : September 24, 2007 . 5:40 p.m. . 6:20 p.m. : Councilmember Carlson, O'Donnell, Reinert, Stoltz and Mayor Bergeson : None Staff members present: City Administrator, Gordon Heitke; Community Development Director, Mike Grochala; Director of Public Safety, Dave Pecchia; City Engineer, Jim Studenski; and City Clerk, Julie Bartell REVIEW REGULAR AGENDA ITEMS Item 2a, Resolution No. 07 -155, Approving Budget Amendment For Charter Commission Expenditures — Charter Commission Chair Cori Duffy and Secretary Caroline Dahl were present and responded to questions about how the additional funding would be used. The council was advised that the funds would be drawn from the 2007 general fund contingency. Item 6D, Resolution No. 07-162, Ordering Repair/Removal of Hazardous Structure — Community Development Director Grochala presented the findings of a structural assessment of the property at 2395 65th Street. Staf is recommending that the council order the repair or removal of the property. The council verified that the property is secure and all parties including the owner (Wells Fargo) and real estate agents have been informed of the status. The Police Department is aware and enforcing the security. Council Member Carlson arrived at 6:15 p.m.; Mayor Bergeson left the meeting at 6:18 p.m. There were no changes to the regular Council agenda. The meeting was adjourned at 6:20 p.m. These minutes were considered, corrected and approved at the regular Council meeting held on October 8, 2007. Julianne Bartell, City Clerk John Bergeson, Mayor 1 CITY OF LINO LAKES CHARTER ADMINISTRATION (101-4051 BUDGET DETAIL Obiect Code 4300-000 Professional Services 4300-999 Professional Services - Charter Commission Directed Timesavers - Minutes Printing, Postage & Misc. Expenses 4301-000 Municipal Attorney 4340-000 Printing & Publishling 4343-000 Newsletter Possible newsletter articles D-22 5,000 50D 200 (A C Council Member introduced the following resolution and moved its adoption: CITY OF UNO LAKES RESOLUTION NO. 07-155 RESOLUTION AMENDING THE 2007 GENERAL OPERATING BUDGET FOR CHARTER COMMISSION EXPENDITURES WHEREAS, the City Council has adopted a budget for Charter Commission -initiated expenditures of $1,500 for 2007; and, WHEREAS, the Charter Commission has requested additional funding for Charter Commission - initiated expenditures in the amount of $5,250 for outside legal services; and, WHEREAS, the City Council wishes to amend the 2007 budget to utilize contingency funds to grant this request. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes that the general operating budget for 2007 be amended as follows: ACCOUNT 101-405-4300-999 CAPITAL OUTLAY 1D1-499-4905-000 CONTINGENCY Julianne Bartell, City Clerk ORIGINAL AMENDED BUDGET AMENDMENT BUDGET $ 1,500 $ 5,250 $ 6,750 60,000 (5,250) 54,750 John J. Bergeson, Mayor Adopted by the Lino Lakes City Council this 24th day of September, 2007. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. 600 Town Center Parkway Lino Lakes, MN 55014 September 18, 2007 Mr. John Bergeson Lino Lakes Mayor 6996 West Shadow Lake Drive Lino Lakes, MN 55014 Dear Honorable Mayor Bergeson, On behOf of the Lino Lakes Charter Commission, we hereby request to be added to your work session agenda on Monday, September 24, 2007. Per the July request of the City Council., we have received an estimate for legal services in the amount of $5,250.00 and formally request additional funding in this amount for the remainder of 2007 As you are aware, the Commission is taking its charge to study the proposed amendment very seriously and we will be utilizing outside legal resources to complete this process. By state law, we have a. limited amount of time within which to do this, so time is of the essence.. I believe this matter would take no more than five minutes to accommodate our request. Thank you for your time and consideration. RespectfUIly, Cori Duffy Chair, lino Lakes Charter Commission cc Council member Jeff Reinert Council member Donna Carlson Councl member Jeff O'Donnell Council. member Dan Stoltz • City Clerk Julie Bartell City Admini.strator Gordon Heitke CITY OF LINO LAKES CHARTER ADMINISTRATIQN (101-405) Object Actual Actual Budget Adopted Increase/ Description Code 2005 2006 2007 2008 Decrease SUPPLIES OFFICE SUPPLIES 4200-000 0 0 0 0 0 0 0 0 OTHER SERVICES AND SUPPLIES PROFESSIONAL SERVICES 4300-000 628 0 0 0 *** PROF SERVICES - CHARTER COMM 4300-999 0 1,018 1,500 5,000 233.33% MUNICIPAL ATTORNEY 4301-000 1,532 1,027 500 500 0.00% POSTAGE 4322-000 35 0 0 0 *** PRINTING & PUBLISHING 4340-000 27 36 200 200 0.00% NEWSLETTER 4343-000 152 0 0 0 *** LEGAL NOTICES 4344-000 0 0 0 0 *** 2,374 2,081 2,200 5,700 159.09% CAPITAL OUTLAY EQUIPMENT 5000-000 0 0 0 0 *** 0 0 0 0 *** TOTAL.CHARTER ADMINISTRATION 2,374 2,081 2,200 5,700 159.09% D-23 pl S -'!,t i2u. c9 !Do rjc Sees WI SJL((21)0,S) 600 Town Center Parkway Lino Lakes, MN 55014 August 4, 2008 Mr. John Bergeson Lino Lakes Mayor 6996 West Shadow Lake Drive Lino Lakes, MN 55014 Dear Honorable Mayor Bergesori, On behalf of the Lino Lakes Charter Commission, we formally request additional funding for 2009 in the amount of $7500.00. We anticipate that additional resources will be needed to further frame and amend the City Charter next year. Thank you for your time and consideration. cc: Council. member Jeff Reinert Council member ICathi Gallup Council member Jeff O'Donnell Council member Dan Stoltz City Clerk Julie Bartell City Administrator Gordon Heitke Respectfully, Cori Duffy Chair, Lino Lakes Chart _ Commission Charter Commission, 2004-2008 Electronic versions in computer Year A! enda Dates Appr Minutes Dates Recordin, s 2004 1/8/2004 1/8/2004 Note: Recordings are kept for a maximum of two years 4/8/2004 4/8/2004 7/8/2004 7/8/2004 7/19/2004 10/14/2004 10/14/2004 2005 1/13/2005 1/13/2005 draft 4/14/2005 4/14/2005 5/5/2005 5/5/2005 8/4/2005 8/4/2005 10/13/2005 2006 1/12/2006 1/12/2006 4/13/2006 4/13/2006 7/13/2006 7/13/2006 10/12/2006 10/12/2006 2 audio tapes *2007 1/11/2007 1/11/2007 digital recording 4/12/2007 4/12/2007 nothing submitted 6/14/2007 6/14/2007 nothing submitted 7/19/2007 7/19/2007 nothing submitted 8/23/2007 8/12/2007 nothing submitted 9/6/2007 9/6/2007 3 audio tapes 10/11/2007 10/11/2007 3 audio tapes 11/1/2007 11/1/2007 nothing submitted 11/15/2007 11/15/2007 digital recording 11/29/2007 11/29/2007 digital recording *2008 1/17/2008 1/17/2008 digital recording 2/28/2008 2/28/2008 nothing submitted 4/17/2008 4/17/2008 digital recording 5/22/2008 5/22/2008 nothing submitted 6/18/2008 6/18/2008 nothing submitted 7/17/2008 7/17/2008 notification received that they would not be recording their meetings any longer 8/21/2008 8/21/2008 9/10/2008 10/9/2008 (canc) * Available on city Web site Lino Lakes Charter Commission 600 Town Center Parkway Lino Lakes, MN 55014 October 13, 2008 The Honorable Gary R. Schurrer Chief Judge, Tenth Judicial District Washington County Government Center Stillwater, MN 55082-3802 Dear Judge Schurrer: As required by state law, please find the following annual report for the Lino Lakes Charter Commission: 2007 Lino Lakes Charter Commission Annual Report Approved by the Charter Commission on January 17, 2008 New officers of the Charter Commission were installed at the April 12, 2007 meeting due to the resignation of Chair Paulette Warren in January. They include Chair Cori Duffy, Vice Chair Tom Vacha, and Secretary Caroline Dahl. Meetings Full meetings of the Charter Commission were held on January 11, April 12, July 19 and October 11. Additional special meetings were held on April 30, June 14, July 19, August 23, September 6, October 11, November 1, 15 & 29. A joint meeting with the city appointed Charter Task Force was also held on May 1. This report seeks to outline major activities and concerns of the Commission as discussed in Charter meetings. Minutes The Commission is satisfied with the business hired by the City to record Charter meetings. The Commission requested the recording secretary to provide expanded summary minutes of all meetings instead of full discussion format that had previously been provided. Council/Commission Communications between the Commission and the City Council continue to be strained. In January the Commission invited the City Engineer and the Community Development Director to the Charter meeting to discuss developing a process and plan for road reconstruction, with potential to move toward an amendment. Said invitation was rejected. In February the Council appointed a nine -member committee, the Citizen's Task Force, to study Chapter VIII of the Charter as it relates to road reconstruction, and brought forth an amendment. Members of the Charter Commission were notified of this development through local newspaper articles and were invited to attend the May 1 meeting of the Task Force. Charter Amendments On July 11, the Council submitted an amendment to the Commission to change Chapter VIII of the Charter, as proposed by the Citizen's Task Force. This amendment seeks to remove the provision for an automatic referendum for road reconstruction projects paid for by assessments and limits the rights of citizens to shape such projects. The Commission seriously reviewed the Citizen's Task Force amendment, utilizing the initial 60 -day and additional 90 -day review periods to secure legal counsel with charter experience to write, a substitute amendment. The Commission's substitute amendment also eliminates the automatic referendum provision on road reconstruction projects and still includes provisions, including an option to petition for referendum, to protect citizen's rights with such projects. The Commission presented its amendment to the Council on December 3, 2007, requesting that it be placed on the ballot in 2008. Charter Expenditures The Commission continues to closely monitor the expenses incurred by itself and the City. Following the decision to hire outside legal counsel for amendment review, the Commission requested and received an increase of $5,250 in funding for 2007 to cover legal expenses. The Commission also requested and received a budget increase of $5,000 for 2008 to cover any ongoing legal expenses associated with the proposed amendments. Five Year Financial Plan Under the Charter, the Five Year Plan requires annual updating. In 2007, the Commission received its first update to the plan since 1996. The plan has been updated for 2008 and upcorning public hearings have been scheduled for its review and implementation. Respectfully Submitted, Cori M. Duffy Chair, Lino Lakes Charter Commission ANNUAL REPORT OF THE LINO LAKES CHARTER COMMISSION Approved by the Charter Commission on January 11, 2007 TO: The Honorable Gary R. Schurrer Chief Judge, Tenth Judicial District Washington County Government Center Stillwater, MN 55082-3802 FROM: Paulette Warren, Chair, Lino Lakes Charter Commission Date: January 11, 2007 New Officers of the Charter Commission were installed at the April 13, 2006 meeting. They include Chair Paulette Warren, Vice Chair Cori Duffy, and Secretary Caroline Dahl. Full meetings of the Charter Commission were held on April 13, July 13, October 12, 2006 and January 13, 2007. Minutes of these meetings are available for your review. This report seeks to outline major activities and concerns of the Commission as discussed in Charter meetings. MINUTES The Commission is satisfied that the business service hired by the City to record Charter meetings is efficiently handling the. process. In order to better facilitate review and approval of minutes, the service has now added numeric line designations to all records. The Commission strives to correct only substantive corrections to minutes at each session; and Commissioners are so prepared to address these concerns at each meeting. CHARTER EXPENDITURES The Commission remains concemed regarding assessments of City expenditures against the Charter operating budget, without involvement or prior approval of the Charter Commission. In the year ahead, the Chair recommends that the Commission seek involvement in establishing its annual operating budget and a specific process for accessing funds. CHARTER AMENDMENTS During this term, a citizen petition was presented to amend the Charter, prohibiting council members from serving on the Charter. Subsequently this amendment passed with the November election and is being enacted. COUNCIL/COMMISSION COMMUNICATIONS Communications between the Commission and the Council remain strained. The Commission has requested the Council appoint a liaison to help facilitate better understanding of the work processes and concerns that might impede citizen involvement in governance. To date, no such action has taken place. ASSESSABLE PROJECTS PROCESS The Commission is initiating a discussion with City Staff to encourage more in depth understanding of the pitfalls encountered when neighborhood improvement projects such as road reconstruction are being considered. It is the intention of the Commission to work toward a streamlined, consensus building process that will hopefully reduce planning costs while removing constraints so that projects may move forward with appropriate citizen involvement. Chair recommends this be the priority project of the Commission in the coming year, resulting in an amendment to Chapter 8 of the Charter. ACCOUNTABILITY AND THE FIVE YEAR PLAN The Commission spent many hours discussing the status of the Five Year Plan, which is required by Charter to be updated every year. The last Five Year Plan was approved for the period of 2003 through 2007 under the office of Mayor Bergeson; it was approved by the Council on January 13, 2003. Ultimately, the City Administrator informed the Commission that the final revision of the Five Year Plan would be made in December, 2006 with the 2007 budget. The Commission is presently engaged in determining what options are open to insure that the City comply with the Charter requirement on an ongoing basis. Realizing the City has many challenges in developing a comprehensive plan, the goal of the Commission is not to impede progress; bur rather to insure timely, ongoing review, updates and communication with residents in an open environment. Respectfully submitted, LINO LAKES CHARl'L1t COMMISSION Chair, Paulette Warren January 11, 2007 LINO LAKES CHARTER COMMISSION BY-LAWS Amended January 8, 2004 ARTICLE I - 111E COMMISSION Section 1. Name of Commission. The name of the Commission is the "Charter Commission of Lino Lakes, Minnesota". Section 2. Purpose. The purpose of the Commission is to serve as custodians of the Lino Lakes City Charter in accordance with state laws, these by-laws and rules of the Charter Commission. Section 3. Office of Commission. The offices of the Commission are at the Lino Lakes City Hall for purposes of official commission business. Section 4. Members. The commission is composed of 15 members. Members terms are for four (4) years starting January 1 and members shall serve their terms until their successors are appointed and have qualified, subject to state law. ARTICLE II - OFFICERS Section 1. Officers. The officers of the Commission are the Chair, Vice -Chair and Secretary. Section 2. Chair. The Chair shall call the regular meetings of the Commission, prepare, the agenda, preside at all meetings, oversee the implementation of the decisions of the Commission and act as the primary liaison with City staff. The Chair retains all the rights and responsibilities held as a member of the Commission including the right to vote Each year on or before the April meeting, the Chair shall submit to the Commission for its approv an annual report II arizing the activities and accomplishments of the Commission for the preceding calendar year. :' . e annual report to the Commission may contain the Chair's recommendation for Commission activities for the ensuing year. (amended 4/12/2007) Section 3. Vice -Chair. The Vice -Chair shall perform the duties of the Chair during the Chair's temporary absence, and shall perform such duties during the vacancy of that office until the Commission elects a new Chair. Section 4. Secretary. The Secretary shall maintain the records, record the minutes and votes at each meeting, and submit approved minutes and relevant materials to the City Clerk for the purpose of maintaining a permanent record for public review. On or before December 31st of each year, the Secretary shall submit to the Chief Judge of the District Court, the City Clerk and the Commission members, the Chair's approved annual report. The Commission may designate by majority voice vote an Assistant Secretary from the Charter Commission membership whose duties shall be to assist the Secretary, and to perform the duties of Secretary PAGE 1 LINO LAKES CHARTER COMVIISSION AMENDMENT NO. 2 - JULY 13, 2000 Section 9 of Article II was replaced. The original and replacement sections are as follows: Original Section 9. Appointments. The Chair shall notify the City Clerk -Treasurer at least three (3) months prior to the expiration of any seat on the Commission, of the names of the incumbents and their expiration of office date so that the Clerk -Treasurer may publicize the availability of openings on the Commission together with a summary of the application process. The Chair shall also notify members eligible for re -appointment at this time. Replacement Section 9. Appointments. At least four (4) months prior to the expiration of any seat on the Commission, the Chair shall notify the City Clerk the names of the incumbents and their expiration of office date so that the Clerk may publicize the availability of openings on the Commission together with a summary of the application process. The Chair shall also notify the affected incumbents. Should a member not finish his or her term on the commission, the Chair shall notify the City Clerk of that opening immediately to allow for prompt filling of that position. Following notification of the City Clerk, the Chair shall follow the appointment process for any openings on the CommiRsion and shall ensure that the proper and timely notification be given to the new and/or returning members following their appointment to the Commission AMENDMENT NO. 3 — January 8, 2004 In Section 4 of Article II the two occurrences of City Clerk -Treasure were replaced with City Clerk. In Article II there are two headings labeled Section 9. The first was changed to Section 8. Add the latest amendment date after the heading on page 1. AMENDMENT NO. 4 April 12, 2007 Article II, Section 2, amended as follows: Each year at the October on or before the April meeting, the Chair shall submit to the Commission for its approval, an annual report summarizing the activities and accomplishments of the Commission for the preceding calendar year. PAGE 5 Candidates for Mayor (In order of filing) Daryl Cooper John L. Landers Christopher Mark Lyden Kim Sullivan Vern Reinert 1997 CANDIDATES Candidates for Council (In order of fling) Linda Elliott Caroline Dahl John Bergeson Richard H. McCoy Don Dunn Sally A. Kuether QUESTIONS ON BALLOT QUESTION NO. 1 "Shall the City of Lino Lakes Ordinance No. 08 - 97, adopted by the City Council on April 28,1997, and entitled An Ordinance Regulating the Collection and Disposal of Refuse and Solid Waste in the City, Establishing and Providing for the Imposition and Collection of Fees for Collection Services, other Materials, Prohibiting Unauthorized Collection and Failure to Separate Recyclable and Other Materials and Providing Penalties for Violation, be allowed to go into effect?" Yes No QUESTION NO. 2 The City Council of Lino Lakes is considering the improvement and reconstruction of certain streets within the City. The total cost is estimated to be $1,969,110.00. Twenty eight percent (28%) of these costs are proposed to be paid by levying special assessments against the benefited properties within the subdivision, in accordance with standard City assessment policies. The remaining seventy two percent (72%) is proposed to be paid by money within the City General Fund which will include property tall revenues generated from the ehtire City. The City Charter requires voter approval before uthig General Fund revenues for this purpose. "Shall the City Council of Lino Lakes be authorized to pay for a portion of the costs of local street improvements from the General Fund of the City?" Yes No Candidates for Mayor an order of filing) Daryl Cooper John L. Landers Christopher Mark Lyden Kim Sullivan Vern Reinert Candidates for Council (In order of filing) Linda Elliott Caroline Dahl John Bergeson Richard H. McCoy Don Dunn Sally A. Kuether OUESTIONS ON BALLOT QUESTION NO. 1 "Shall the City of Lino Lakes Ordinance No. 08 - 97, adopted by the City Council on April 28,1997, and entitled An Ordinance Regulating the Collection and Disposal of Refuse and Solid Waste in the City of Lino Lakes; Establishing and Providing for a Solid Waste Collector; Establishing and Providing for the Imposition and Collection of Fees for Collection Services; other Materials; Prohibiting Unauthorized Collection and Failure to Separate Recyclable and Other Materials; and Providing Penalties for Violation, be allowed to go into effect?" Yes QUESTION NO. 2 The City Council of Lino Lakes is considering the improvement and reconstruction of certain streets within the City. The total cost is estimated to be 51,969,110.00. Twenty eight percent (28%) of these costs are proposed to be paid by levying special assessments against the benefited properties within the subdivision, in accordance with standard City assessment policies. The remaining seventy two percent (72%) is proposed to be paid by money within the City General Fund which will include property tax revenues generated from the entire City. The City Charter requires voter approval before using General Fund revenues for this purpose. No "Shall the City Council of Lino Lakes be authorized to pay for a portion of the costs of local street improvements from the General Fund of the City?" Yes No 1189 Main Street • Lino Lakes, Minnesota • 55014 Phone: 612-464-5562 • Fa,c 612-464-4568 SUMMARY OF VOTES CITY OF LINO LAKES MUNICIPAL ELECTION, NOVEMBER 4,1997 The following named persons received the number of votes as indicated below: OFFICE OF MAYOR: NAME PR.1 PR 2 PR. 3 PR. 4 TOTAL Daryl Cooper 21 32 16 14 83 John L. Landers 27 49 34 49 159 Christopher Lyden 228 319 239 278 1064 ICim Sullivan 191 456 219 281 1147 Vern Reinert 160 245 148 207 760 Write-in 0 1 1 6 8 Defective Ballots 0 0 0 0 0 Blank Ballots 10 8 18 17 53 TOTAL BALLOTS COUNTED 637 1110 675 852 3274 Page -1- SUMMARY OF VOTES City of Lino Lakes November 4,1997 OFFICE OF COUNCIL MEMBER: NAME PR. 1 PR. 2 PR. 3 PR. 4 TOTAL Linda Elliott 166 257 143 193 759 Caroline Dahl 323 520 309 362 1514 John Bergeson 179 383 230 315 1107 Richard McCoy 71 126 45 62 304 Don Dunn 140 367 231 317 1055 Salty Kuether 176 212 132 139 659 WRITE-IN: 11 20 6 7 44 Defective Ballots 0 0 0 0 0 * Blank Ballots 46 94 76 88 304 ** Under Votes 162 241 178 221 802 TOTAL BALLOTS COUNTED 1274 2220 1350 1704 6548 * Did not vote for any Council Member ** Voted for only one Council Member Page -2- SUMMARY OF VOTES City of Lino Lakes November 4,1997 BALLOT QUESTION NO. 1(SOLD) WASTE) PR. 1 PR. 2 PR. 3 PR 4 TOTAL Yes 56 172 157 183 - 568 No 578 931 509 662 2680 Blank 3 7 9 7 26 TOTAL 637 1110 675 852 3274 BALLOT OUESTION NO. 2 (STREET RECONSTRUCTION) PR 1 PR. 2 PR. 3 PR. 4 TOTAL Yes 335 609 420 519 1883 No 288 477 240 316 1321 Blank 14 24 15 17 70 TOTAL 637 1110 675 852 3274 Page -3- Persons Registered at 7:00 a.m. Persons Registering on Election Day TOTAL REGISTERED VOTERS City of Lino Lakes November 4,1997 PR. 1 PR. 2 PR 3 PR 4 TOTAL 1227 2481 1562 1900 7170 37 73 25 49 184 1264 2554 1587 1949 7354 ******* *, **********************, *, ********* *************************** Persons Voting at the polls 629 1090 671 830 3220 Absentee Ballots 8 20 4 22 54 TOTAL VOTERS 637 1110 675 852 3274 *************************************************,********************** Percent of Voter Turnout 50% 43% 43% 44% 45% ************************************************************************ We, the legally constituted Municipal Canvassing Board certify that we have herein specified the names of the persons receiving votes and the number of votes received by them in the Municipality at the Municipal Election held November 4,1997, as they appear by the returns by said election in the four (4) precincts in Lino Lakes duly returned to, filed, opened and canvassed and now remaining on file in the office of the Municipal Clerk, witness our official signature at Lino Lakes, Anoka Coun this 5th day of November, 1997. topher. ark Lyden — ®s: — ss: — NEM MIM, ME a: NM M M — M i — MN i MI it 1I ism N ME . di AND SCHOOL DISTRICT ELECTION BALLOT Lino Lakes, Minnesota November 7, 1995 INSTRUCTIONS TO VOTERS Completely fill in the oval ® opposite the name of the candidate you wish to vote fon ES CHARTER AMENDMENT ERM NE " COOPER tS ON 1BER 'ERM ITWO S EST : MARK UDEN ►N CHARTERAMENDMENT INSTRUCTIONS TO VOTERS Voters desiring to vote in favor of the Charter amendment listed below, fill in the oval opposite the word "YES" below the amendment. Voters desiring to vote against the Charter amendment listed below, fill in the oval opposite the word "NO". Replace entire sections of 8.04, 8.05, 8.06 and 8.07 of the current Charter with two (2) sections as follows: 8.04 SpecL4ssessatentLimitations Subdivision 1. The amount of the special assessment against abenefited property shall belimited to the special benefit received from an improvement project. Subdivision 2.. The portion of the special assessment which is for installing sewer and water mains, pipes, or service (not including storm sewer) for any property served by an operating private well and septic system shall be a deferred assessment. Subdivision 3. The deferred asst shall bear interest accrued from the date of the resolution establishing the special assessments, at a rate not to exceed 1 % in excess of the interest rate paid by the City on the improvement financing. Interest shall accrue on the deferred assessment for a maximum of fifteen (15) years. The deferred assessment shall be due and payable per state statute upon hookup to sewer and water, subdivision of or sale of the property. 8.05 Additional Funding Improvement cost not covered by special assessments may be funded by the use of general funds of the City. O YES O NO SUMMARY OF VOTES . CITY OF LINO LAKES MUNICIPAL ELECTION, NOVEMBER 7, 1995 .2`rG4. RLQ 1YR =u i, OFFICE OF MAYOR: NAME John Bergeson Daryl "Big D" Cooper John Landers PR.1 PR.2 PR.3 TOTAL fob✓ 3qt/ 755 15'i b2 (32 ✓ _� 30q 3o g+/ 7V let- pica* OFFICE OF COUNCIL MEMBER: Linda Elliott Martin Fabian John R. Guse Christopher Mark Lyden Andy Neal Ronald Solfest Kim Sullivan Bob Williams CHARTER AMENDMENT: Yes 17 ✓ 31,/ iW . /1c7 No OA/ 123 ✓ Iia$ a / 39 Charter Commission Appointment Process 1. Openings occur either by members leaving or terms expiring. When an opening occurs or is impending, the charter chair sets a period during which applications will be accepted. 2. The opening(s) is advertised in the newspapers (Quad Press & The Citizen), the city Web site, city newsletter, posted notice at city hall, and advertisement on the city cable channel. 3. Applications are available at City Hall and on the Web site; notice requests that completed applications be sent to the charter commission chair at the home address**; 4. The appointing authority is the chiefjw ge of the area district court. The charter commission (I believe the secretary) submits the application(s) to the chief judge. 5. City Clerk receives an order from the chief judge appointing members; newly appointed members are sworn in and sign a certificate of acceptance that is forwarded to the chief judge. ** It is my understanding that previous to about 2005, applications were submitted to city hall and forwarded to the chief judge by city staff.