HomeMy WebLinkAbout07-09-2009 Charter PacketLINO LAKES CHARTER COMMISSION
AGENDA
Thursday, July 9, 2009
1. CaII to Order and Roll Call 6:30 PM
2. Pledge of Allegiance 6:31 PM
3. Setting the Agenda: Addition or deletion of agenda items 6:33 PM
4. Open Mike / Public Comment 6:35 PM
5. Approval of Minutes: April 9, 2009 6:36 PM
6. Old Business
A. Audit Update 6:40 PM
B. Commissioners Aldentaler and Zastrow: discussion of
city road maintenance 6:55 PM
C. Chair's report to Judge 7:10 PM
D. Discussion of Commissioner Sutherland's presentation,
subcommittee update 7:20 PM
E. Update from Commissioner Trehus on the ballot question,
newsletter, ballot language and related funding 7:30 PM
F. Statement of detailed expenses incurred up to July 1, 2009
Charter Budget Balance (Al Rolek), read only 7:40 PM
7. New Business
A. Status of Commercial Zones 7:45 PM
B. Appointments 7:55 PM
C. Next meeting date, agenda for Thursday, October 8, 2009 8:00 PM
Adjoumment 8:05 PM
r'1
Charter Commission DRAFT
April 9, 2009
Page 1
1 CITY OF LINO LAKES
2 CHARTER COMMISSION
3
4 DATE : April 9, 2009
5 TIME STARTED : 6:45 p.m.
6 TIME ENDED : 8:37 p.m.
7 MEMBERS PRESENT : Dahl, Bretoi, Carlson, Drennen, Gunderson,
8 Stockman Maher, Minar, Storberg, Sutherland,
9 Trehus, Williams
10 MEMBERS EXCUSED : Aldentaler, Lyden, Vacha, Zastrow
11 MEMBERS UNEXCUSED : None
12 STAFF MEMBERS PRESENT : None
13
14 CALL TO ORDER AND ROLL CALL
15 Chair Dahl called the regular meeting of the Lino Lakes Charter Commission to order at 6:45
16 p.m. on April 9, 2009.
17
18 PLEDGE OF ALLEGIANCE
19
20 APPROVAL OF AGENDA
21 Chair Dahl added item 6C, the former Chair's report required to be submitted to Judge
22 Bloomquist. She also deleted item 7B in lieu of Commissioners Aldentaler and Zastrow's
23 absence this evening, and in its place added a presentation by Commissioner Sutherland
24 regarding Facebook technology.
25
26 Commissioner Bretoi requested a status report regarding commercial zoning exclusions.
27
28 Commissioner Carlson suggested the Commission discuss this at a future meeting.
29
30 Chair Dahl agreed to put this item on the July agenda.
31
32 MOTION by Commissioner Carlson, seconded by Commissioner Bretoi, to approve the agenda,
33 as amended. Motion carried unanimously.
34
35 OPEN MIKE
36 No one was present for open mike.
37
38 Commissioner Trehus arrived at 6:51 p.m.
39
40 APPROVAL OF MINUTES — JANUARY 8, 2009
41 Chair Dahl noted that line 136 should be corrected to add a space between the words "Vacha"
42 and "stated."
n 43
44 Commissioner Bretoi asked if line 198 should refer to the January 2009 agenda and not January
45 2008.
Charter Commission
April 9, 2009
Page 2
DRAFT
46
47 Commissioner Carlson stated the reference to 2008 is accurate.
48
49 MOTION by Commissioner Carlson, seconded by Commissioner Drennen, to approve the
50 minutes of January 8, 2009, as amended. Motion carried unanimously.
51
52 OLD BUSINESS
53
54 A. Communication Plan/Web Site/Public Awareness
55 Chair Dahl presented a breakdown of expenses prepared by Commissioner Drennen for the
56 November ballot issue.
57
58 Commissioner Drennen stated total expenditures for the Communication Committee were
59 $3,445.69, of which the City paid $2,725.47 and the commissioners paid $720.22.
60
61 The Commission discussed the Charter Commission's budget and expenses appropriately paid
62 for by the City with respect to the ballot question.
63
64 MOTION by Commissioner Bretoi, seconded by Commissioner Storberg, to request that the City
65 pay the outstanding invoice of $371.53.
66
67 Further Discussion:
68 Commissioner Carlson requested further information regarding any differences in the first and
69 second flyer printing. It was noted that the second flyer stated that the printing cost was paid by
70 the commission; as a result payment for the second flyer should be paid for by commission
71 members on a voluntary basis.
72
73 Commissioner Bretoi withdrew the motion on the table.
74
75 Commissioner Storberg withdrew her second to the motion on the table.
76
77 B. Statement of detailed expenses incurred up to April 1, 2009 — Charter Budget
78 Balance
79 Chair Dahl presented the statement of detailed expenses incurred up to April 1, 2009 and noted
80 this item does not require action by the Charter Commission.
81
82 C. Letter to Judge Bloomquist
83 Chair Dahl noted that former Chair Duffy previously presented this to the Charter Commission
84 and stated the letter needs to be sent in; she asked the Charter Commission to approve the letter
85 in its current form for submission to the Judge.
86
87 Commissioner Trehus stated the report covers the period through September 2008 and felt the
88 report should be updated to cover the remainder of 2008.
89
Charter Commission DRAFT
April 9, 2009
Page 3
90 MOTION by Commissioner Trehus, seconded by Commissioner Sutherland, to table this item to
91 the July 9, 2009, meeting. Motion carried unanimously.
92
93 NEW BUSINESS
94
95 A. Audit Update
96 Chair Dahl presented a letter from Doherty law firm dated February 2, 2009, and a letter from
97 Karen Marty dated March 18, 2009. She stated she contacted Ms. Marty today and was
98 informed there has been no further correspondence since that time.
99
100 B. Commissioners Aldentaler and Zastrow: Discussion of City Road Maintenance
101 This item was removed from the agenda.
102
103 Substitution for Item 7B
104 B. Commissioner Sutherland: Facebook Technology
105 Commissioner Sutherland presented information regarding Facebook and stated this free social
106 networking technology represents another opportunity to reach residents with a target age of 28
107 to 55. She stated Facebook would provide immediate access and is an interactive site, which
108 would allow residents to ask questions or express concerns. She stated a Facebook link could be
109 added to the Commission's existing website. She indicated the Communication Committee
10 discussed the technology and is aware of the need to insure that any communications do not
111 violate any open meeting laws. She stated that because the technology is static, it is not virtually
112 interactive and there would be no ability to conference with this technology. She stated this
113 technology should be viewed as another information source for residents, particularly since the
114 Charter Commission rarely has residents who attend the meetings for open mike; this would
115 provide additional interaction from people who would not normally come to open mike. She
116 added she sees this as a free way to educate residents about issues of interest to them and a way
117 to open the dialogue with the community.
118
119 Commissioner Carlson asked who would be responsible for putting information on the site and
120 making sure it is accurate.
121
122 The Commission discussed the use of Facebook by residents and the ability by the Charter
123 Commission to control the site.
124
125 Commissioner Drennen stated he felt this was a wonderful idea and serves as a means to
126 encourage interactivity and to know what people are thinking and saying.
127
128 Commissioner Gunderson concurred and stated it will be important to determine who will have
129 editor access to the site on behalf of all members of the Charter Commission.
130
131 Commissioner Bretoi recommended that this issue be taken under advisement by the
�'T32 Communication Committee and to bring a recommendation back to the Charter Commission for
133 its consideration.
Charter Commission
April 9, 2009
Page 4
DRAFT
•
134 Chair Dahl stated she mentioned this idea to Ms. Marty and Ms. Marty indicated she would like
135 to know more about it.
136
137 MOTION by Commissioner Bretoi, seconded by Commissioner Sutherland, to table action on
138 this item until the July 9, 2009, meeting and directing the Communication Committee to prepare
139 a recommendation for consideration by the Charter Commission at its next meeting. Motion
140 carried unanimously.
141
142 C. Report from Commissioner Trehus on the ballot question, newsletter, ballot
143 language and related funding
144 Commissioner Trehus reported that he contacted the State Auditor's office and the Attorney
145 General's office. He stated the State Auditor's office would deal with the question of financing
146 and the ballot language would be dealt with by the County. He stated he spoke with Heidi
147
148 of the investigative unit of the State Auditor's office and was informed if the State Auditor's
149 office conducts an investigation, there would be no cost to the City for that investigation. He
150 added that Ms. was unable to give him further detailed information; until an official
151 complaint is filed and investigative work performed, she was unable to provide further comment.
152
153 The Commission discussed reporting financial concems and what type of concerns the State
154 Auditor will review.
155
156 Commissioner Trehus presented a Statement of Position from the Office of the State Auditor and
157 an excerpt from the State Auditor's website.
158
159 The Commission discussed the ballot language and whether to approach the County.
160
161 Commissioner Drennen stated he felt in the interest of the citizens of Lino Lakes, this is worth
162 pursuing.
163
164 Commissioner Carlson stated he was not opposed to this, but would like to see the flyers and the
165 ballot to review the language.
166
167 Commissioner Sutherland pointed out the Charter Commission has previously reached consensus
168 that it has concerns and the next step is to ask the State Auditor to review the matter.
169
170 Commissioner Bretoi concurred.
171
172 Commissioner Trehus proposed that the communication subcommittee prepare a letter for review
173 by the entire Charter Commission.
174
175 MOTION by Commissioner Bretoi, seconded by Commissioner Sutherland, to prepare a letter to
176 the Office of the State Auditor or other appropriate governmental agency requesting an
177 investigation that includes, but is not limited to, the wording on the ballot and the use of City
178 funds for the City newsletter and other election related items.
Charter Commission DRAFT
April 9, 2009
Page 5
179
180 The Commission discussed at length the role of the State Auditor and statutes applicable to an
181 investigative review.
182
183 Commissioner Trehus called the question.
184
185 Motion carried. Voting AYE: Commissioners Bretoi, Drennen, Gunderson, Sutherland, Trehus,
186 and Williams. Voting NO: Commissioners Carlson and Storberg. Abstaining: Chair Dahl and
187 Commissioner Stockman Maher.
188
189 D. Next Meeting Date, agenda for Thursday, July 9, 2009
190 Chair Dahl noted the next meeting of the Charter Commission will be Thursday, July 9, 2009.
191
192 ADJOURN
193 MOTION by Commissioner Stockman Maher, seconded by Commissioner Drennen, to adjourn
194 the meeting at 8:37 p.m. Motion carried unanimously.
195
196 Respectfully submitted,
197 Barbara Hughes
198 TimeSaver Off Site Secretarial, Inc.
i
WS — Item 2
WORK SESSION STAFF REPORT
Work Session Item 2
Date: 1 June 2009
To: City Council
From: Dan Tesch, Director of Administration
Re: Charter Commission Audit
Background
In October 2008, the City Council was presented with a written request from the Citizens
for Safer Roads to conduct an audit of the practices of the Lino Lakes Charter
Commission. Mr. Michael Dougherty of SSDM Attorneys/Advisors was charged with the
audit. Please find herein said audit.
Attachment(s)
Charter Commission Audit
1
LinoCharter.org
Know Your Rights
The lawn signs contained the following: "Prepared and paid for by the Lino Lakes
Charter Commission, 600 Town Center Parkway, Lino Lakes, Minnesota 55014".
• www.linocharter.org is a Web Site/URL that carries a banner that reads "Lino
Lakes Charter Commission" 1 In October of 2008, the Home Page of the Web
Site contained the following language:
On November 4, citizens of Lino Lakes will be presented a ballot question
to determine how road widening, reconstruction, city utility expansion and
other public improvement projects will be managed. Under the provisions
of Chapter 8 of the current city charter, citizens enjoy certain rights for
assessable projects that will be lost should the ballot issue pass.
The material on the Web site contains the following notation: Copyright 2008.
Lino Lakes Charter Commission. All rights reserved.
While the Web site contains many "pages," the majority of the content centered
around the theme that in Lino Lakes, the only measure currently in place that
allows voters to restrict tax increases imposed by the City Council is in Chapter 8
of the Lino Lakes City Charter. An example of such content is the following:
"If the charter amendment passes, all citizen input will be surrendered to
the City Council... the checks and balances offered by the current city
charter would be mill and void."
AUTHORITY OF THE CHARTER COMNIISSION
The existence of a charter commission is conferred by the state legislature. The commission's
only powers are those expressly conferred by statute or implied as necessary to aid in those
expressly conferred powers. The charter commission has no authority to undertake any action
without the existence of enabling legislation to support such activity. In other words, the charter
commission has no inherent power.
The charter commission's expressed powers are only found in Chapter 410 of the Minnesota
Stat les. The powers of the commission enumerated in Chapter 410 are as follows:
I The cost of operating and maintaining the Web Site were not directed to the City of Lino Lakes for payment, and
are not further addressed is this opinion.
2
In 2005, the MVfmnesota State Auditor's Office was asked to opine on the design and distribution
of a flyer by a charted commission. The Auditor, citing to the Attorney General's opinion, stated
that the charter commission lacked authority to produce and distribute an educational flyer. The
Auditor stated that a charter commission has a narrowly limited statutory purpose. That purpose
is to draft and present the charter or any amendments to the city.
INFORMATIONAL MATERIAL VS. ADVOCACY
As previously noted, unldce public entities charged with management and control of public
assets, the charter commission has no express or implied authority to create communication,
flyers or lawn signs. Notwithstanding the issue of authority, no public entity, including a charter
commission, may advocate for the passage or defeat of a local ballot question. While every
action of the charter commission must be legislatively supported, such actions must also have a
proper public purpose. The Minnesota State Attorney General's office and the Minnesota State
Auditor's office have each authored opinions that there is no public purpose for a public entity to
take a position on a ballot question. Additionally, each office has clearly asserted that public
funds maybe not be used to advocate for the adoption or rejection of any ballot question and by
extension local government units may not give money to an organization to advocate or
campaign for or against a ballot question.
The conduct of a campaign by governmental entities before an election for the purpose of
influencing the voters is not the exercise of any legitimately proper legislative power. Public
funds may not be used in support of only one side of any election issue. Any such activity is
beyond the role of govemment
"Vote No to rF.FP Your RIGHTS Vote yes to give them up." There can be no clearer example
of advocacy literature that fits the prohibition articulated by the Minnesota State Attorney
General's office and the Minnesota State Auditor's office. Similarly, while less discerning than
the direct language found in the flyer, the lawn signs coupled with the Web Site2 clearly contain
prohibited advocacy.
FAIR CAMPAIGN PRACTICES
Under Chapter 211B of the Minnesota Statutes — Fair Campaign.Practice, political purposes is
defined as -"an act intended or done to influence, directly or indirectly, voting in a primary or
other election." Minn. Stat §211B.09 states that an employee or official of the state or of a
political subdivision may not use official authority or influence to compel a person to apply for
membership and/or become a member of a political organization, to pay or promise to pay a
political contribution, or to take part in a political activity. In her Statement of Position made in
2008, the Minnesota State Auditor refected to these statutes while noting that Minnesota's
Campaign Practices law appears to prohibit public officers and employees from approving the
2 We note that the Web site contains a statement that the Web site is 100% paid for through vohmteer contributions
by members of the Lino Lakes Charter Commission. However, there can be no doubt that the Web Site belongs to
the Commission as evidenced by the style, title, use of the Commission's name, and more importantly through the
copyrit'ght in the namz of rtan.
4
• The charter commission expenses to be paid by the City must solely relate to: (i) the
employment of an attorney and other personnel to assist in framing the charter or any
amendment or revision and/or, (ii) the cost to print the charter and any amendment or
revision. h is not enough that the expenses be reasonable and necessary.
These interpretations are consistent with the language used in Section 410.06, taken together
with Chapter 645 of the Minnesota Statutes governing the canons of mon. "[Gjeneral
words are construed to be restricted in their meaning by preceding particular words... i4 In the
cases discussing this canon, it has been held that where, in a statute, words particularly designate
specific things (reasonable compensation and cost of printing) and are followed by words of
general import regarding comprehensively designating things (reasonable and necessary charter
commission expenses), the latter are generally to be regarded as comprehending only as to the
matters particularly stated. In other words, the latter used phrase (reasonable and necessary
commission expenses, found in sentence two of §410.06) solely relates to the prior phrase
(reasonable compensation and cost of printing, found in sentence one of §410.06).
The first part of Section 410.06 particularly designates that the commission may contract for the
reasonable compensation of an attorney or other personnel for the sole purpose of framing a
charter and amendments. Following the limited contractual language are the words that
prescribe the payment of $1,500.00 by the City using the general term of "reasonable and
necessary charter commission expenses". Under the rules of construction the phrase
"commission expenses" relates solely to the payment of compensation to an attorney or others
employed to assist in framing amendments or revisions to the charter (the cost of printing the
amendment or revision is also included.)
Recently, the Dakota County District Court, in denying a charter commission's request for
reimbursement from the City for the cost of producing a Web Site, found that for expenses to be
paid by the city, the expenses must relate to the statutory itemized expenses ofi (1) the
employment of an attorney and other personnel to assist in framing the charter and any
amendment or revision and (2) the cost to print the charter and any amendments or revision. A
city is not authorized by statute to pay for other charter commission expenses.
The Court's interpretation also conforms to the position of the Office of the State Auditor. The
Office of the Auditor has stated that to "simply annually appropriate $1,500 to a charter
commission .... is inconsistent with the statute." The expenses must be reasonable and
necessary and related to the charter commission's purpose and powers laid out in the statute."
4 Mmn. Stat. §-645.08, cabp. 3 (2008).
6
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CITY COUNCIL WORK SESSION
APPROVED
DATE
TIME STARTED
TIME ENDED
MEMBERS PRESENT
MEMBERS ABSENT
CITY OF LINO LAKES
MINUTES
CITY COUNCIL WORK SESSION
June 1, 2009
: June 1, 2009
. 5:30 p.m.
. 7:35 p.m.
: Council Member Gallup,
Reinert, Stoltz and Mayor Bergeson
: Council Member O'Donnell
Also Present: City Administrator Dan Tesch; Community Development Director Michael
Grochala; City Engineer Jim Studenski; City Finance Director Al Rolek; Economic
Development Coordinator Mary Alice Divine; City Clerk Julie Bartell
EDAC UPDATE — ECONOMIC DEVELOPMENT PLAN/ONE-YEAR ACTION
PLAN — Economic Development Coordinator Divine reported that the Economic
Development Advisory Committee (EDAC) has recently completed an update of their
Five -Year Plan and one year action plan as called for in their goals and the city's draft
comprehensive plan. A copy of their draft is included in the council's letter. The council
has a goal relating to enhancement of economic development that includes holding a
meeting with EDAC to discuss the council's economic development goals, EDAC's role
in meeting those objectives and establishing some communications procedures, etc.
EDAC is very interested in proceeding with such a joint meeting.
The council was informed that the next regular meeting of EDAC is July 16, 2009, at
7:00 a.m. All council members present agreed to attend that meeting. It would also be
helpful to share the results of the recent value setting sessions with the EDAC group.
CHARTER COMMISSION AUDIT - Attorney Michael Doherty presented the results
of the audit conducted on the practices of the Lino Lakes Charter Commission. He noted
that the council received a memorandum that was presented to the city on April 6, 2009
outlining the investigation results as well as a summary of the attorney opinions contained
in the report. The audit was started as an investigation on the expenditure of public
dollars and whether or not the Charter Commission had overextended its authority in that
area. Under state law, chef6ommissions have limited powers that are enumerated in
Chapter 410 of the M nnesota Statutes and they have no power past that. Their focus is
to be limited to the charter itself and whether it should be amended. The city has an
obligation under state law to pay up to $1,500 per year for allowed commission
expenditures; additional reasonable expenses can be authorized by the council but not
beyond allowed expenditures. In an attempt to gather information about how funds were
expended by the commission, Mr. Doherty asked the commission for public data related
to communication on the subject. He received a response from their attorney indicating
that the data would not be made available and that any data the commission has is
1
CITY COUNCIL WORK SESSION June 1, 2009
APPROVED
46 maintained at city hall. Mr. Doherty reported that the city has no legal obligation to be
47 the commission's repository of data unless that duty is first accepted by the city. Charter
48 commissions have an obligation under data practice law to take care of their own
49 information. Mr. Doherty did not receive access to the e-mails between commission
50 members that he requested and that are public data. In reviewing the commission
51 minutes, there was no evidence that the charter commission ever approved the
52 expenditure of funds (for signs and brochures). There is reference to something like a
53 subcommittee and, if that group did exist, it is under the same obligation to maintain data
54 and make it public.
55
56 A council member suggested that the report seems to indicate that there were some
57 activities that weren't within the scope of the commission's legal charge; are there any
58 consequences for those actions?
59
60 Mr. Doherty reviewed the section of the report that relates to signs and brochures used by
61 the commission. To the extent that those were not legal and allowable expenses, the city
62 should not have paid the bill if and when it was presented. Further the commission has
63 no authority to enter into a contract or to order goods. Regarding the commission's Web
64 site, while the site is prepared and paid for by other than the city, if it represents the
65 commission, it cannot contain advocacy or preferential information; it must be neutral to
66 any ballot questions.
67
68 A council member suggested that the bills were prepaid by the city.
69
70 Responding on a question of consequences, Mr. Doherty explained that there is little that
71 could occur in that area between the city and the commission since the commissioners are
72 appointed by the chief judge. It would be up to the judge to deal with issues. It would be
73 within the council's purview to inform the chief judge of issues if they deem that is
74 necessary. The council doesn't make appointments to the commission, the chief judge
75 has that responsibility. An individual could pursue a complaint under fair campaign
76 practices.
77
78 A council member suggested that the council must consider the matter of intent. If there
79 was something done that could be considered illegal, did the commission know that? It
80 may be prudent to put something together to inform the commission of what is legal and
81 what isn't. Mr. Doherty suggested the League of Minnesota Cities is a good resource for
82 assistance in that area. The council member added that individual charter commission
83 members shouldn't be mnz7led on issues; they are volunteers. Mr. Doherty pointed out
84 that the Web page was presented as belonging to the commission however. Mr. Doherty
85 further explained that the commission has more limitations than the city council and
86 cannot even offer an information piece — the commission is not allowed to present that
87 type of information. The city, on the other hand, cannot advocate but can provide
88 information.
89
2
CITY COUNCIL WORK SESSION June 1, 2009
APPROVED
90 There was discussion among council members about whether or not the information piece
91 done by the city was opinionated. It was pointed out that the piece was approved in its
92 entirety by the city's attorney.
93
94 On the issue of data practices, Mr. Doherty suggested that it will be a policy issue
95 whether the city takes on the responsibility (under contract) to maintain the commission's
96 data. If so, there needs to be a clear understanding of how the practices will occur and
97 responsibilities. The commission has the same obligation as the city to appoint a
98 responsible authority and follow data practice law. It was pointed out by a council
99 member that it may be difficult for a volunteer group to respond to public requests for
100 data.
101
102 A council member suggested that the result of the audit should be to move toward
103 improvements but not to be punitive — a positive outcome should be the goal.
104
105 A council member noted three issues that the council should deal with: 1) if there are
106 issues of inappropriate activities, they should be addressed because wrong is wrong; 2) a
107 system should be developed to review expenditures to ensure they are appropriate; and 3)
108 data practice of the commission is an issue and it needs to be clear how data will be
109 properly handled in the future. These matters should be put on a future council agenda
110 for discussion. It was suggested that a process for expenditures could be: a) commission
111 approval; b) council approval; c) expense can be incurred.
112
113 Charter Commission member Rosemary Storberg was present. She suggested that city
114 hall also did everything wrong that attorney Doherty said the commission has done. The
115 commission was simply defending the existing charter.
116
117 A council member clarified that the city's piece was found to be neutral by the city
118 attorney.
119
120 A council member noted that the city didn't write the rules but if something was done
121 wrong, it needs to be dealt with. The council has an obligation to deal with the findings
122 of the independent audit.
123
124 At the request of a council member, Mr. Doherty confirmed that the law offers the
125 commission no authority to present an opinion. He further explained that the way the law
126 works for individuals and government entities is different — individuals can do something
127 unless the law says it is prohibited; government entities can only do things that are
128 specifically designated by state law. The commission has no authority to contract except
129 for attomey services and charter printing services. It was clarified that individual
130 commission members, as well as council members, can do advocacy as long as they don't
131 purport to represent the group.
,,..� 132
CITY COUNCIL WORK SESSION
APPROVED
133 Mr. Bob Bening, 6788 E. Shadow Lake Road, in regard to a statement that the council
134 cannot make appointments to the commission, pointed out that state law allows the
135 council to do so if the chief judge doesn't do it.
136
137 The council discussed the history of receiving instruction regarding charter commissions
138 from the League of Minnesota Cities (LMC). Both the council and the commission have
139 had the benefit of those presentations. In this case, it would be appropriate to take full
140 advantage of those services.
141
142 When asked if his appointed task has been completed, Mr. Doherty responded yes with
143 the exception of following through on the data practice request for information on how
144 the contract for services was let.
145
146 Rosemary Storberg, speaking as a citizen of Lino Lakes, noted her concern that the audit
147 wouldn't have happened if the referendum hadn't lost. She suggests that too much
148 money has been spent already on these issues (the referendum) and she doesn't think the
149 citizens of Lino Lakes would welcome yet more publicity. It would not be good for the
150 city.
151
152 A council member clarified that the council never took a stand on how they wanted the
153 referendum to turn out. The citizens need to have as much information as necessary for
154 them to understand what is going on. The effort should be to continue to provide
155 proactive information that is helpful to the public in understanding the charter.
156
157 A council member noted the history of the referendum that includes a citizen task force
158 recommendation that was more moderate than what was on the ballot. The process of
159 bringing that thorough and thoughtful recommendation to the people was high jacked.
160
161 A citizen in the audience remarked that the citizens of the city have every right to know
162 when something runs afoul. It appears the commission worked outside the boundaries of
163 their authority whether they knew or not.
164
165 A council member remarked that the council needs to be pro active on communicating
166 how the charter works. How do we communicate what our charter means? That's
167 another task for the council to consider.
168
169 ANNUAL FINANCIAL AUDIT
170
171 Finance Director Rolek introduced Michelle Bruley and Craig Poppenhagen of the city's
172 financial auditing firm, LarsonAllen, LLP. Mr. Poppenhagen distributed a summary of
173 the 2008 audit and reviewed the content (summary and all audit reports on file).
174
175 The audit will be considered for approval by the council at their meeting on June 8, 2009.
176 Once the document is approved, it will be posted on the city's Web sit.
177
June 1, 2009
4
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
February 28, 2009
Billed through 02/28/2009
- Invoice # 100759
City of Lino Lakes
Attn: Gordon Heitke, City Administrator
600 Town Center Parkway r'15
Lino Lakes, MN 55014
,rte
RE: Investigation - Charter Commission
Client/Matter No.: 10555 28511
Detail of Professional,Services Hours
12/01/2008 MGD'``_Receipt :& review G. Heitke memo re: Charter 030
12/01/2008 Way'', T/c Gordon H. 030
12/12/2008 MGD `. ':..T/c Gurdon H. {' 030
12/12/2008 EEB Consult with MGD re: charter commission's poteatia2`gpen 0.20
✓'1 meeting law and data practices violations,._\ �:
12/17/2008 EEB Analyze the issues for investigation; determine current 0.30
chairperson for charter commission.
12/24/2008 JFS Research data practices issues; review city: web site; draft 1.20
letter to afl Charter Commission. riiembers about responsible
autrgit,a4d data practices policy
12/29/2008 JFS Update MGD / �' 0.10
01/02/2009 MGD 1 repare memo to Gonlon H. 020
01/07/2009 EEB Prepare letters t °three members of the charter commission 0.30
ie contact for data practices requests and copy of data
`� _practice access policy
01/20/2009 MGD .Receipt & review Gordon memo 0.20
01/20/2009 JFSReview information & e mail to city, voice mail to city clerk 0.30
abont,expendiiare requests by charter commission to City
and responses/reporting '
01/21/2009 JFS Phone conference with City Clerk on Charter Commission 0.50
payments and files; review e mail and web site for Charter
Commission
01/22/2009 JFS e marl review from City Clerk regarding charter commission expenditures 0.50
01/27/2009 JFS Draft of government data practices demand 0.40
02/10/2009 JFS Review, revise and discuss data practices letter to commission lawyer 020
02/11/2009 MGD Letter to Karen Marty, Commisssion Counsel 0.40
02/17/2009 JFS Voice mail and phone call with City Clerk about responsible 0.40
authority and charter commission resolutions and
agreements with City, e marl from City Clerk about non
existence of agreements or resolutions between City and
Charter Commission about data practices
02/24/2009 MGD T/c Gordon H. 030
02/24/2009 JFS Discuss status and request of City Clerk to forward City 0.20
records of invoices
02/25/2009 JFS E mail from and to Clerk; review invoices; e mail Clerk 030
about copy of flyer
Total professional services rendered: 6.90 $984.00
Billing Summary
Total balance now due
Amount
$984.00
* Balance is due upon receipt ofinvoice *
* Past due balances will be subject to service charge *
* Questions regarding your invoice should be directed to the Business Office immediately *
Page 2
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
May 31, 2009
Billed through 05/31/2009
Invoice # 103170
City of Lino Lakes
Attn: Dan Tesch, Acting City Administrator
600 Town Center Parkway
Lino Lakes, MN 55014
RE: Investigation - Charter Commission
Client/Matter No.: 10555 28517
Detail of
03/05/2009
03/12/2009
03/13/2009
03/16/2009
03/17/2009
".^Q3/17/2009
J3/23/2009
03/24/2009
03/25/2009
03/25/2009
03/26/2009
03/30/2009
03/31/2009
04/01/2009
04/01/2009
04/02/2009
04/03/2009
04/03/2009
04/03/2009
04/06/2009
04/06/2009
04/06/2009
04/07/2009
04/08/2009
04/09/2009
04/10/2009
)4/24/2009
04/28/2009
05/20/2009
Professional Services
MGD T/c Gordon
JFS E mail to City Administrator
MGD Receipt & review Charter handout
MGD Comm mication from Gordon H.
MGD Compile research material re: expenditures
MGD Research of documents re• expenditures
MGD Receipt & review Marty letter
JFS Review payments by city on behalf of commission
JFS Review payments and mimues of Commission, web site
issues and public documents
E mail from and to City Cleric about data practices request
T/c Dan Tesch
Review charter commission file, publications, attorney
general opinions; partially draft memorandum.
Partial preparation of report re: expenses
Compose memo on Opinion
Partially draft and revise memorandum regarding charter
commission publications and campaign materials
Discuss authority of charter commission for expenses and
web site; confirming calls to PoliGraphics about sign and
email
Review MGD's memo re: Charter Commission expenses
T/c Dan Tesch
Review resources, citations & reference material, edit &
complete memo to Dan
T/c Dan Tesch
Partial preparation of memo re- data practice
Review memo to Council
Review and discuss responsible authority issues with MGD
T/c Dan Tesch
Review summary memo
Prepare summary of Opinion
Communication w/ D. Tesch
T/c Dan Tesch
T/c Dan Tesch
JFS
MGD
JLS
MGD
MGD
JIS
IFS
AMM
MGD
MGD
MGD
MGD
JFS
JFS
MGD
JFS
MGD
MGD
MGD
MGD
o&a'
(6/-W- Y306 -
Hours Rate Amount
0.40 350.00 140.00
0.50 320.00 160.00
0.50 350.00 175.00
030 350.00 105.00
1.20 350.00 420.00
0.40 350.00 140.00
0.40 350.00 140.00
0.50 320.00 160.00
1.20 320.00 384.00
0.20 320.00 64.00
030 350.00 105.00
2.50 190.00 475.00
1.60 350.00 560.00
1.40 350.00 490.00
1.90 190.00 361.00
0.80 320.00 256.00
0.70 200.00 140.00
0.30 350.00 105.00
5.20 350.00 1,820.00
0.30 350.00 105.00
0.50 350.00 175.00
0.20 320.00 64.00
0.60 320.00 192.00
0.30 350.00 105.00
0.20 320.00 64.00
1.00 350.00 350.00
0.30 350.00 105.00
0.30 350.00 105.00
030 350.00 105.00
,o Lakes, City of Invoice # 103170
sent/Matter No.: 10555 28517
Total professional services rendered: 24.30 $7,570.00
Total Current Charges $7,570.00
Billing Summary Amount
Total Professional Services $7,570.00
Net Current Charges $7,570.00
Total balance now due $7,570.00
* 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
Date: 06/30/2009
Account# / Title
Time: 10:42:05
City of Lino Lakes
FM Reports - Period Expenditure Report
Operator: pms Page: 1
Calendar Period: 01/2009 To: 06/2009
Fiscal Period: 01/2009 To: 06/2009
Budget Thru: 12/2009
Original Net Budget Expended PTD
Expended YTD % Unexpended Bal
101-405-4200-000
SUPPLIES Total
101-405-4300-000
101-405-4300-999
Tr Date Type
GENERAL CHARTER OFFICE SUPPLI
GENERAL CHARTER PROFESSIONAL
GENERAL CHARTER PROFESSIONAL
Journal
0.00 0.00
0.00 0.00
0.00
0.00
0.00 0
0.00 0
0.00 0.00 0.00 0.00
1,500.00 1,500.00
Receipt Check#/Date Vendor
0
2,605.67 2,605.67 174
Description
Amount
01/31/09
02/09/09
05/26/09
05/26/09
05/26/09
PST-je
INV -IN
INV -IN
INV -IN
INV -IN
7742
7722
7985
7985
7985
101-405-4301-000 GENERAL
101-405-4322-000 GENERAL
101-405-4330-000 GENERAL
194.405-4340-000 GENERAL
Date Type Journal
1
85039
85759
85759
85788
02/09/09
05/26/09
05/26/09
05/26/09
CHARTER MUNICIPAL ATT
CHARTER POSTAGE
CHARTER TRAVEL/TUITIO
CHARTER ADVERTISING
TIMESAVER
MARTY LAW
MARTY LAW
TIMESAVER
500.00
0.00
0.00
200.00
Receipt Check#/Date Vendor
OFF-SITE SECRETARIAL
FIRM, LLC
FIRM, LLC
OFF-SITE SECRETARIAL
Plague for C.Duffy -Chart
CHARTER COMMISSION MEETIN
1ST QTR 2009 LEGAL FEES
2008 LEGAL FEES
CHARTER COMMISSION MEETIN
Detail Total:
500.00 0.00
0.00 0.00
0.00 0.00
200.00 73.88
Description
0.00
0.00
0.00
1,105.67 -
7.42
220.00
1,062.85
L2,126.651
188.75
2,605.67- Hi T, Oi
0.00 0
0.00 0
0.00 0
73.88 37
Amount
01/26/09 INV -IN
02/09/09 INV -IN
04/13/09 INV -IN
7706 84962 01/26/09 PRESS PUBLICATIONS, INC.
7722 85033 02/09/09 PRESS PUBLICATIONS, INC.
7893 85411 04/13/09 PRESS PUBLICATIONS, INC.
101-405-4343-000 GENERAL CHARTER NEWSLEr.LER
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
2,200.00 2,200.00
0.00 0.00
0.00 0.00
2,200.00 2,200.00
2,200.00 2,200.00
2,200.00 2,200.00
LEGALS/JAN 8TH QUAD
LEGAL/NOTICE OF ECON DEV
CHARTER COMMISSION MTG PU
Detail Total:
0.00
0.00
2,679.55
0.00
0.00
0.00
0.00
2,679.55
0
0
122
0.00 0
0.00 0
2,679.55 2,679.55 122
2,679.55 2,679.55 122
2,679.55
22.20
35.78
15.90
73.88
500.00
0.00
0.00
126.12
0.00
0.00
479.55-
0.00
0.00
479.55-
479.55-
2,679.55 122 479.55-