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Charter Commission
January 8, 2009
Page 1
DATE
TIME STARTED
TIME ENDED
MEMBERS PRESENT
MEMBERS EXCUSED
MEMBERS UNEXCUSED
STAFF MEMBERS PRESENT
DRAFT
CITY OF LINO LAKES
CHARTER COMMISSION
: January 8, 2009
. 6:35 P.M.
. 8:44 P.M.
: Aldentaler, Carlson, Dahl, Drennen,
Gunderson, Lyden, Minar, Stockman Maher,
Storberg, Sutherland, Trehus, Vacha, Williams
: Bretoi, Zastrow
: None
: None
CALL TO ORDER AND ROLL CALL
Acting Chair Dahl called the regular meeting of the Lino Lakes Charter Commission to order at
6:35 p.m. on January 8, 2009.
PLEDGE OF ALLEGIANCE
APPROVAL OF AGENDA
Acting Chair Dahl added the presentation for Former Chair Duffy under approval of minutes.
MOTION by Commissioner Vacha, seconded by Commissioner Maher, to adopt the amended
agenda. Motion carried unanimously.
OPEN MIKE
No one was present for open mike.
INTRODUCE NEW MEMBER: CONNIE SUTHERLAND
Acting Chair Dahl welcomed Connie Sutherland to the Charter Commission and invited her to
introduce herself.
Commissioner Sutherland stated she moved to Lino Lakes from Stillwater three years ago and
has a seven year old daughter. She became interested in the Charter through a discovery process
and when she started researching things that came to ballot and wanted to learn more about the
Charter. She stated that through this process, she found a link that said "apply" and here she is.
She stated that she works for Boston Scientific and is passionate about teaching about heart
health. She is an active volunteer in the community.
PRESENTATION TO FORMER CHAIR CORI DUFFY
Acting Chair Dahl presented Former Chair Duffy with a card signed by the Commission and a
plaque commemorating her service on the Charter Commission.
1
Charter Commission
January 8, 2009
Page 2
DRAFT
45
46 Ms. Duffy stated that she just ended up with "too much on her plate" and the Charter
47 Commission was the thing that had to go.
48
49 Acting Chair Dahl distributed copies of the annual report letter drafted by Former Chair Duffy to
50 submit to Judge Bloomquist. She noted that she would like the Commission to read through the
51 letter during the meeting so it can be approved and sent out. She stated that this process has
52 normally been completed in October.
53
54 Acting Chair Dahl stated that there is no agenda item about the audit because the Charter
55 Commission has not been formally notified in any way, so she didn't know what could be
56 discussed.
57
58 APPROVAL OF MINUTES — SEPTEMBER 10, 2008
59 MOTION by Commissioner Drennan, seconded by Commissioner Carlson, to approve the
60 minutes of September 10, 2008. Motion carried with Commissioner Trehus abstaining.
61
62 ANNUAL REPORT DISCUSSION
63 Commissioner Trehus stated that the annual report needs to be approved by vote and he would
64 like to time to read through it before a vote is taken.
65
66 The Commission discussed whether to include it on tonight's agenda or a future agenda.
�•• 67
68 Former Chair Duffy stated that she didn't think the report needed to be submitted in October and
69 had thought the bylaws were changed so it could be done in January.
70
71 Commissioner Trehus read aloud language from the bylaws that states the annual report for the
72 preceding year is to be submitted on or before the April meeting.
73
74 It was noted that the annual report will be added to the next agenda.
75
76 ELECTION OF CHAIR AND VICE CHAIR DUE TO RESIGNATION OF CHAIR
77 Acting Chair Dahl noted that it has been an honor for her to serve as Chair and she is interested
78 in continuing in this role. She called for nominations for the position of Charter Commission
79 Chair.
80
81 Commissioner Lyden nominated Acting Chair Dahl to continue as chair.
82
83 Commissioner Trehus nominated Commissioner Maher for Chair and noted the importance of
84 her law background to this position.
85
86 Acting Chair Dahl called for additional nominations. Hearing none, she entertained a motion.
87
2
Charter Commission
January 8, 2009
Page 3
DRAFT
88 MOTION by Commissioner Gunderson, seconded by Commissioner Carlson, to close the
89 nominations for Chair. Motion carried unanimously.
90
91 Acting Chair Dahl asked for a show of hands in support of
92
93 Acting Chair Dahl for Chair: Commissioners Aldentaler, Drennen, Lyden, Williams, Minar,
94 Storberg, Carlson, Sutherland, Dahl and Gunderson.
95
96 Commissioner Maher for Chair: Commissioners Vacha, Trehus, and Maher.
97
98 Acting Chair Dahl was elected to serve as Chair.
99
100 Chair Dahl called for nominations for the position of Charter Commission Vice Chair.
101
102 Commissioner Drennen nominated Commissioner Maher for Vice Chair
103
104 Chair Dahl called for additional nominations. Hearing none, she entertained a motion.
105
106 MOTION by Commissioner Gunderson, seconded by Commissioner Maher to close nominations
107 for Vice Chair. Motion carried unanimously.
108
' 09 Chair Dahl asked for a show of hands in support of:
110
111 Commissioner Maher for Vice Chair: Commissioners Vacha, Trehus, Aldentaler, Drennen,
112 Lyden, Williams, Minar, Maher, Storberg, Carlson, Sutherland, Gunderson and Dahl.
113
114 Commissioner Maher was elected as Vice Chair.
115
116 OLD BUSINESS
117
118 A. Communication Han / Web Site / Public Awareness
119 Commissioner Drennen stated that the website homepage has been updated with a new picture of
120 Lino Lakes in winter. He noted that there has been a tab added for the Charter and Bylaws which
121 can be read in their entireity. He stated that a tab was added for meetings and agendas, which
122 will be updated before every meeting. He stated that there will be a tab for minutes where the
123 meeting minutes will be published, in addition to what the City may or may not do on the City
124 website. He stated that they will be adding a section talking about the audit since that is in the
125 public domain. He stated that they they felt to be completely unbiased and fair in reporting and
126 as an information source for citizens, it is important to report on the situation with the audit.
127
128 Chair Dahl pointed out that on the home page there is a counter that is up to 2,807, but noted that
129 the counter started at 1,000.
130
3
Charter Commission
January 8, 2009
Page 4
DRAFT
1..„.A31 Commissioner Drennen stated that if you do a Google search on the Lino Lakes Charter, we
132 show up in the number one position and noted that there have been a lot of people involved in
133 helping to make this happen. He stated that there are costs that have had private contributions,
134 which he feels need to be tallied.
135
136 Commissioner Vachastated that these figure should be calculated and presented at the April
137 meeting.
138
139 Commissioner Drennen noted that their site can be accessed by typing either
140 www.linocharter.org or www.linocharter.com. He stated that he has about $100 into the project
141 but some of the others have $600 or so in.
142
143 Commissioner Minar stated that he would like this information tallied and a breakdown of the
144 costs and what everyone has contributed published on the website.
145
146 The Commission discussed the recent ballot question and the information distributed to citizens
147 and its costs. The Commission also discussed what the role of the Charter Commission is in
148 relation to the City and its citizens.
149
150 MOTION by Commissioner Sutherland, seconded by Commissioner Lyden, to ask
151 Commissioner Trehus to take the information he has found on the newsletter, ballot language,
52 and ballot question related funding to the State Attorney General or the State Auditor with the
153 intent of discovery and to bring their opinion back to the April meeting, with no intent of
154 outcome Motion carried unanimously.
155
156 B. Statement of detailed expenses incurred up to December 2008, Charter Budget
157 Balance and next year's (2009) budget
158 Chair Dahl stated that this does not require action, but is something that the Commission should
159 read.
160
161 The Commission discussed the Charter Commission budget for 2009 and whether it will be
162 increased.
163
164 NEW BUSINESS
165
166 A. Election Results on Charter Ballot Question
167 Chair Dahl noted the election summary report by precinct.
168
169 The Commission discussed the possibility of when the ballot question could be brought forward
170 again.
171
172 Commissioner Gunderson stated that this was petition driven, and her understanding is if they
173 got another petition together, they could get it certified and hold a special election.
4
Charter Commission
January 8, 2009
Page 5
DRAFT
\,,475 Commissioner Carlson stated that he doesn't think they will do a special election because of the
176 Cost.
177
178 B. City Council passed New Resolution 08-114 to change voting on Five Year Plan to
179 Spring of each year
180 Chair Dahl noted the letter from City Administrator Heitke included in the packet.
181
182 C. Next Meeting Date
183 Chair Dahl noted that the next Charter Commission meeting is scheduled for Thursday, April 9,
184 2009. She stated that there is a calendar that shows the dates for the Council meetings for 2009.
185
186 Commissioner Carlson stated that in the past the Commisison had always worked on the agenda
187 for the next meeting and if somebody wanted something on the agenda, they should ask for it
188 now in front of the Commission.
189
190 Commissioner Aldentaler stated that Commissioner Zastrow had asked him to discuss sending a
191 letter to the City to ask them to take care of the maintenance of the roads.
192
193 Chair Dahl stated that she will put that on next agenda. She noted that Former Chair Duffy told
194 her that the Chair set the agenda for the meetings.
195
96 Commissioner Trehus agreed that Commissioner Carlson's suggestion is a good way to do it.
''197
198 Commissioner Carlson noted that the January 2008 agenda included an item to set the agenda for
199 April meeting.
200
201 Commissioner Sutherlund stated that Commissioner Trehus will need to be included on the next
202 agenda to report on his findings from the State Attorney General or State Auditor.
203
204 Commissioner Gunderson read aloud from the Bylaws, Article 2, that states the Chair shall
205 prepare agenda.
206
207 Commissioner Drennen noted that the Chair can take input from the Commission.
208
209 The next meeting of the Charter Commission will be Thursday, April 9, 2009 at 6:30 p.m.
210
211 ADJOURN
212 MOTION by Commissioner Minar, seconded by Commissioner Trehus, to adjourn the meeting at
213 8:44 p.m. Motion carried unanimously.
214
215
216 Respectfully Submitted,
217 Kayla Atkins-Rokosz
18 TimeSaver Off Site Secretarial, Inc.
5
Date: 04/02/2009 Time: 09:40:28 City of Lino Lakes
FM Reports - Period Expenditure Report
Account# / Title
Calendar Period: 01/2009 To: 03/2009
Fiscal Period: 01/2009 To: 03/2009
Budget Thru: 12/2009
Operator: ajr Page: 1
Original Net Budget Expended PTD Expended YTD % Unexpended Bal
101-405-4200-000 GENERAL CHARTER OFFICE SUPPLI 0.00 0.00 0.00 0.00 0 0.00
101-405-4300-000 GENERAL CHARTER PROFESSIONAL 0.00 0.00 0.00 0.00 0 0.00
101-405-4300-999 GENERAL CHARTER PROFESSIONAL 1,500.00 1,500.00 227.42 227.42 15 1,272.58
Tr Date Type Journal Receipt Check#/Date Vendor Description Amount
01/31/09 PST-je 7742 1 Plaque for C.Duffy -Chart 7.42
02/09/09 INV -IN 7722 85039 02/09/09 TIMESAVER OFF-SITE SECRETARIAL CHARTER COMMISSION MEETIN 220.00
Detail Total: 227.42
101-405-4301-000 GENERAL CHARTER MUNICIPAL ATT 500.00 500.00 0.00 0.00 0 500.00
101-405-4322-000 GENERAL CHARTER POSTAGE 0.00 0.00 0.00 0.00 0 0.00
101-405-4330-000 GENERAL CHARTER TRAVEL/TUITIO 0.00 0.00 0.00 0.00 0 0.00
101-405-4340-000 GENERAL CHARTER ADVERTISING 200.00 200.00 57.98 57.98 29 142.02
Tr Date Type Journal Receipt Check#/Date Vendor Description Amount
01/26/09 INV -IN 7706 84962 01/26/09 PRESS PUBLICATIONS, INC. LEGALS/JAN 8TH QUAD 22.20
02/09/09 INV -IN 7722 85033 02/09/09 PRESS PUBLICATIONS, INC. LEGAL/NOTICE OF ECON DEV 35.78
Detail Total: 57.98
101-405-4343-000 GENERAL CHARTER NEWSLETTER 0.00 0.00 0.00 0.00 0 0.00
101-405-4344-000 GENERAL CHARTER LEGAL PRINTIN 0.00 0.00 0.00 0.00 0 0.00
101-405-5000-000 GENERAL CHARTER CAPITAL OUTLA 0.00 0.00 0.00 0.00 0 0.00
GRAND TOTAL 2,200.00 2,200.00 285.40 285.40 13 1,914.60
001
Severson,
Severson, Sheldon, Dougherty & Molenda, P.A.
7300 West 147 Street, Suite 600
Apple Valley, MN 55124
FEIN: 41-1547156
Phone: 952-432-3136 / Fac 952-432-3780
February 28, 2009
Billed through 02/28/2009
Invoice # 100759
City of Lino Lakes
Atter Gordon Heitke, City Administrator
600 Town Center Parkway
Lino Lakes, MN 55014
RE: Investigation - Charter Commission
Client/Nfatter No.: 10555 28517
Detail of Professional, Services
12/01/2008 MGD, : Receipt review G. Heitke memo re: Charter
12/01/2008 MGD T/c Gordon H.
12/12/2008 MGD T/c Gordon H.
12/12/2008 EEB Consult with MGD re: charter commission's potential -open
meeting law and data practices violations.
12/17/2008 EEB Analyze the issues for investigation; determine current
chairperson for charter commission.
12/24/2008 JFS Research data practices issues; review city web site; draft
letter to all Charter Commissioninembers about responsible
autliiincl data practices policy
12/29/2008 JFS iipdte MGD aF;
01/02/2009 MGD Prepare memo tax ordon H.
01/07/2009. EEB Prepare letters t4 three members of the charter commission
rc contact for data practices requests and copy of data
01/20/2009 MGD
01/20/2009 JFS
01/21/2009 JFS
01/22/2009
01/27/2009
02/10/2009
02/11/2009
02/17/2009
JFS
JFS
IFS
MGD
JFS
02/24/2009 MGD
02/24/2009 JFS
02/25/2009 JFS
practice access policy.
Receipt & review Gordon memo
Review information & e mail to city, voice mail to city clerk
about expenditure requests by charter commission to City
and responses/reporting
Phone conference with City Clerk on Charter Commission
payments and files; review e mail and web site for Charter
Commission
e mail review from City Clerk regarding charter commission expenditures
Draft of government data practices demand
Review, revise and discuss data practices letter to commission lawyer
Letter to Karen Marty, Commisssion Counsel
Voice mail and phone call with City Clerk about responsible
authority and charter commission resolutions and
agreements with City; e mail from City Clerk about non
existence of agreements or resohrtions between City and
Charter Commission about data practices
T/c Gordon H.
Discuss status and request of City Clerk to forward City
records of invoices
E mail from and to Clerk review invoices; e mail Clerk
about copy of flyer
Total professional services rendered:
Hours
030
030
0.30
0.20
0.30
1.20
0.10
0.20
0.30
0.20
0.30
030
0.50
0.40
0.20
0.40
0.40
0.30
0.20
030
6.90 $984.00
Billing Summary
Total balance now due
Amount
$984.00 -�
* 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 Office immediately *
Page 2
HAND DELIVERED
Lino Lakes Charter Commission
Caroline Dahl, Chair
600 Town Center Parkway
Lino Lakes, MN
March 23, 2009
Honorable Mayor Bergeson
Council member Kathi Gallop
Council member Jeff O'Donnell
Council member Jeff Reinert
Council member Dan Stoltz
RE: Charter Commission Attorney Bill
Dear Honorable Mayor Bergeson,
The enclosed bills are the ones requested by the City Council. The Charter Commission
budget was intended to fund Charter Commission activities. The Charter Commission
does not have any funds for responding to issues raised and initiated by the City Council-
The
ouncilThe Charter Commission respectfully requests that the city pay the fair and reasonable
legal bills from our attorney relating to the audit and for responding to the "citizen"
petition out of the general revenue, just as the city is paying for all other expenses of the
audit and the November election.
Re y,
L/Ca_e
Caroline Dahl
Chair, Lino Lakes Charter Commission
Enclosures 2
MARTY LAW FIRM, LLC
3601 Minnesota Drive
Suite 800
Bloomington, MN 55435
March 17, 2009
Invoice submitted to:
Lino Lakes Charter Commission
Caroline Dahl, Chair
Telephone: 952-921-5859
e-mail: kmarty@ix.netcom.com
Fax: 651-294-1026
Legal Services Rendered:
10/08 Addressed questions regarding a citizen petition. $ 102.95
10/08 Worked on Charter Commission matters $ 259.55
11/08 Worked on Charter Commission matters $ 265.35
12/08 Addressed issues related to an audit initiated by the
city council $ 395.85
12/08 Worked on Charter Commission matters $ 102.95
2008 Legal Fees due: $1126.65
MARTY LAW FIRM, LLC
3601 Minnesota Drive
Suite 800
Bloomington, MN 55435
March 17, 2009
Invoice submitted to:
Lino Lakes Charter Commission
Caroline Dahl, Chair
Legal Services Rendered:
1/09 Addressed issues related to an audit initiated by the
city council.
2/09 Addressed additional issues related to an audit
initiated by the city counciL
2009 Legal Fees due:
Telephone: 952-921-5859
e-mail: kmarty®ix.netcom.com
Fax: 651-294-1026
$ 204.45
$278.40
$482.85
March 31, 2009
Dear Commissioners,
The following are excerpts from the State Auditor's website. The complete page can be seen at:
http://www.osa.state.mn.us/default.as p x?page=repo rtingfinancialconcerns.
Thanks,
Commissioner Mike Trehus
Reporting Financial Concerns to the Office of the State Auditor
What type of financial concern will the OSA review?
Each year, the OSA receives about 1,000 questions and concerns about local government
finances, including reports of possible misuse of public resources. The Legal/Special
Investigations Division of the OSA considers whether a financial concern about a local
government involves a violation of a state law, rule or an accounting standard. Common issues
include concerns about competitive bidding, conflict of interest and the possible theft of public
funds or property. The Office of the State Auditor cannot get involved in matters that are in
litigation.
What are possible results of an OSA review?
• Referral to the appropriate agency or entity with jurisdiction;
• Answer provided to a general financial question;
• Review conducted during the next financial audit;
• Review conducted and recommendations forwarded orally or in writing to the local
government;
• Proceed with a formal investigation and issue a final report;
• Decline review because issue is outside the authority of the OSA or because a
determination has been made that a review is not warranted.
Does the OSA grant confidentiality and access to review files?
The identity of local government employees and officials reporting a possible theft of public
funds or property to the OSA in accordance with Minn. Stat. § 609.456 is considered not public
information.
In addition, information provided to the OSA during a review or investigation is considered not
public information while the review or investigative process is taking place. An OSA review file
becomes accessible to the public when the review or investigation is completed and allowed by
law. However, certain information within a completed review file may still be considered not
public information. See, for example, Minnesota Statute § 6.715 ("Data that could reasonably be
used to determine the identity of an individual supplying data pursuant to section 609.456 are
private."); see also Minnesota Statute § 13.43 (personnel data), Minnesota Statute § 13.35
(federal contracts data), and Minnesota Statute §§ 13.462, 13.46 (benefit data or welfare data).
The not public information will not be accessible to the public.
REBECCA OTTO
STATE AUDITOR
STATE OF MINNESOTA
OFFICE OF THE STATE AUDITOR
SUITE 500
525 PARK STREET
SAINT PAUL, MN 55103-2139
Statement of Position
Expenditure of Public Funds on Ballot Issue Advocacy
(651) 296-2551 (Voice)
(651) 296-4755 (Fax)
state.auditor@state.mn.us (E-mail)
1-800-627-3529 (Relay Service)
Local units of government may want to advocate for the passage of constitutional
amendments, local ballot questions, or levy referenda. I However, with rare exceptions,
public funds may not be used to advocate for the adoption or rejection of any ballot
question. By extension, local governmental units may not give money to an organization
to advocate or campaign for or against a ballot question.
The Minnesota Attorney General has long held that local governments cannot spend
public funds on campaigns to promote a particular election outcome, such as to adopt
amendments to the Minnesota Constitution.2 In 1952, the Attorney General was asked
whether the Town of Brooklyn was authorized to pay town funds to an association
organized to advocate for the adoption of a constitutional amendment.3 The Attorney
General "answered in the negative." Quoting a 1927 opinion, the Attorney General
stated, "`Spending the money of the taxpayers for such purposes is against public policy,
and illegal.'" The opinion asserted, "Neither public officers nor the people assembled at
[a] town meeting may lawfully spend or vote to spend public moneys for such purposes."
Similarly, a 1966 Minnesota Attorney General opinion determined that a school district
had no authority to spend money to promote one side of a bond referendum.4 The
opinion relied on the reasoning of a New Jersey case, Citizens to Protect Public Funds v.
Board of Education, 98 A.2d 673 (N.J. 1953). In the New Jersey case, the court upheld
the right of the Board of Education to present the facts to the voters, but explained that
public funds entrusted to a public body belong equally to both sides of a controversy.
The public body could not use public funds to try to persuade the voters that only one
side of the controversy had merit.
The 1966 Attorney General opinion explained that school boards may expend a
reasonable amount of funds to educate voters of facts pertinent to a ballot question or
IThis Statement of Position does not address lobbying, that is, working to influence a legislator's vote.
2 Minnesota's Campaign Practices law also appears to prohibit public officers and employees from
approving the expenditure of public funds for ballot issue advocacy. See Minn. Stat. §§ 211B.01, subd. 6
and 211B.09.
3 Op. Att'y Gen. (July 10, 1952).
4 Op. Att'y Gen. 159a-3 (May 24, 1966).
Reviewed: July 2008
Revised: July 2008 2008-1001
educational levy referendum.5 Publications meant solely to inform the public of financial
conditions and the potential effects of the passage or failure of a ballot question or levy
referendum may be published and distributed by school districts.6 These publications
must not promote a vote for or against the issue.
However, the ban on spending public funds to promote one side of a ballot issues is not
absolute. In a 2006 letter, the Minnesota Attorney General recognized that there are
circumstances where a state action or proposal could have such a "direct and substantial
effect" on the interests of a local government entity that the entity would have a "legally
recognizable interest in promoting or protecting its interests." If a "legally recognizable
interest" exists, the public entity could spend public funds to protect or promote its
interests, even by financially supporting one side of a ballot issue. The Attorney General
cautioned, however, that previous Attorney General opinions have concluded that public
funds cannot be spent for advocacy where the proposed measures' effect would be "only
indirect and in common with the public at large." The border between "direct and
substantial" and "indirect and in common with the public at large" is often difficult to
discern. The Office of the State Auditor recommends that, before spending public funds
to advocate a ballot issue, a local government entity seek legal advice.
Finally, elected officials may appear before citizens to orally advocate for a
particular position so long as no expenditure of public funds is involved.8
More information on school board referenda can be found on the Minnesota School
Boards Association website at:
http://www.mnmsba.org/Public/MSBA Docs/SchoolBdsRefBrochure.pdf?CFID=133859
1 &CFTOKEN=36562726.
5 Id.
6 Id.
Id.
8 Id.
Reviewed: July 2008
Revised: July 2008
2008-1001