Loading...
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 Wit, Sheldon, Dougherty & etch, RA. EVERSON SHELDON 111 IN Attorneys 1 Advisors. 1MORAMUM rkin tem, Dheetor txf Administration MOM Masai Dougherty Dia* April 10,2°09 ttilk. et eftednrine with "Our request, the Taming summarizen ie** gunipobnnta ref our *Eaton *thou Miterials. ' . in.Chapter Artil othe £ lebannaler Stab • The aerie o . ancLether pommel, to eget in farming a thew ind any ationthont or teuition mai C2) the cost or mon revision_ 6 ev aa - 6 any owns o °termite* ter golomPanitkalabergb lavaPigeR WOW** SIM e. Mem.. bat no ___ • the City Of Line Lames' payment ofd ofetkanegf and parse in the arnendinent tir of the thatttr ease er Pii4inii101,50:00Rer3" • On ar UM Lakes Jolty %mimed the $1,50100 rarer lima iftbeCouunal deems the owess paying (tit ofattorney-and 43t rx persornieg 44144 ft atimities or revision. &the charter *oast atarirdth4 to bo noitskory. • byt et n for meant, the Areal made by -die City $tLino Loebalndl be paid &reedy team vendor (aoinney or cc Al Rola, Rim= traector 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 i-•� 43 44 45 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-