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HomeMy WebLinkAbout08-20-2009 Charter PacketDtav clAoe p f8 V' S atquf- LINO LAKES CHARTER COMMISSION Special Meeting AGENDA jtry \ j' f,i,cdEra- Thursday, August 20, 2009 7:OOpm see W. C 1. CaII to Order and Roll CaII 7:00 PM 2. Pledge of Allegiance 7:01 PM 3. Setting the Agenda: Chair Dahl 7:03 PM Charter By -Laws: Article III, Section 2 4. Introductions - Name and Position 7:05 PM 5. Open Mike / Public Comment 7:07 PM 6. Joint meetin between Charter Commission and Council to discuss Charte dget . Cost of doing commission business, 2009 & 2010 B. Cost of legal advice for charter amendments, 2009 & 2010 C. Cost of legal advice for on-going audit of Charter Commission D. Plan of Action - Funds Vote i. Include Charter Commission's budget needs at Council 2010 budget meeting, Tuesday, August 25 ii. Include Charter Commission's 2009 budget needs to be voted on at the next scheduled Council Meeting 7. Goalsetting : Commissioner Sutherland 8. Next meeting date, agenda for Thursday, October 8, 2009 Adjoumment 8:30 PM Caroline Dahl Melissa Stockman Maher Kelly Gunderson Chair Vice Chair Secretary \Jt 'i{I i3t2.0 � Kennedy & Graven, Chartered 200 South Sixth Street Suite 470 Minneapolis, MN 55402 (812) 337-9300 41-1225694 July 31, 2006 Invoice # 72808 City of Mounds View - Non Retainer Kurt Ulrich 2401 Highway 10 Mounds View, MN 55112-1499 MU210-00004 Charter Commission -Legal Services Through June 30, 2006 AuJ For All Legal Services As Follows: Hours Amount 6/1/2006 SJR Review Kurt Ulrich e-mail and Jonathan Thomas message; 1.00 140.00 work on fie; work on matter 6/2/2006 SJR Work on matter. phone call with Jonathan Thomas; office 0.20 28.00 conference with J Short re matter 6/5/2006 SJR 6/8/2006 SJR Phone call with J Short re matter, review email; review materials Work on charter items; work on draft language; review J Thomas message; phone call with J Thomas; review charter, statutes and cases; phone can with J Thomas; review and revise memo; review J Short email 6/29/2006 SJR Review K Ulrich email and charter materials Total Services : 1.20 168.00 1.10 154.00 0.10 14.00 504.00 Total Services and Disbursements:; 7Tft•t- 1,, P=70. 504.00 Kennedy & Graven, Chartered 200 South Shah Street Suite 470 Minneaporls, MN 55402 (612) 337-9300 41-1225094 August 31, 2006 invoke # 73130 City of Mounds View - Non Retainer Kurt Ubic h 2401 Highway 10 Mounds View, MN 55112-1499 MU210-00004 Charter Commission -Legal Services Through July 31, 2006 For All Legal Services As Follows: Hours Amount 7/6/2006 SJR Work on matter; review K Mich message; review K Ulrich 1.60 224.00 email; review D Kennedy message 7/10/2006 SJR Work on matter, office conference with D Kennedy re 0.50 70.00 matter, etc. 7/11/2006 SJR Review K Ulrich email; phone cal with K Ulrich; review K 0.30 42.00 Ulrich message; phone cal with K Ulrich 7/12/2006 BWJ Conference wflh Sarah Sonsalla regarding ballot question 0.25 35.00 7/12/2006 SJR Review K Ulrich emals; office conference with S Sonsalla 0.30 42.00 and J Short re matter, review S Sonsala emafls 7/12/2006 SJS Legal research regarding referendum question; intraoifice 1.75 245.00 conference with 8. Johnson regarding bond issues; telephone conference with K. Ulrich regarding additional issues. 7/13/2006 BWJ Conference with Sarah Sonsala and Scott Riggs 0.75 105.00 regarding bait questions; conference call with Kurt Ulrich, Scott Riggs and Sarah Sonsalla regarding ballot questions 7/1312006 DJK Comments on proposed amendment -- taxes 2.50 350.00 7/13/2006 SJR Review S Sonsala email; office conference with J Short; 1.10 154.00 office conference with 8 Sonsalla and B Johnson re matter, review charter, conference with K Ulrich 7/13/2006 SJS Intraofflce conference with S. Riggs and B. Johnson 2.00 280.00 regarding referendum question for community center; telephone conference with K. Ulrich regarding same; legal research regarding advisory questions on a referendum. 7113/2006 CAW Prepare D Kennedy memo regarding charter. 1.10 99.00 7/14/2006 SJR Review S Sonsalla email 0.10 14.00 Page: 2 Kennedy & Graven, Chartered 200 South Sixth Street Suite 470 Minneapolis, MN 55402 City of Mounds View - Kurt Ulrich July 31, 2006 7/14/2006 SJS Legal research regarding referendum question limitations; 0.25 35.00 e -mall S. Riggs regarding same. 711712006 SJR Review D Kennedy memo; office conference with J Short 0.60 84.00 re matter, review K Ulrich message; phone call with K Ulrich re matter 7/20/2006 SJR Review k Ulrich message; phone call with K Ulrich; review 4.30 602.00 various emafts; office conference with J Short re file, items for meeting, etc; attend charter commission meeting Total Services : $ 2,389.00 For AN Disbursements As Follows: Photocopies 6.60 7/13/2006 Westlaw Research Charges 209.40 7/20/2006 Scott J. Riggs; Mileage Expense 33.38 Total Disbursements: $ 249.38 Total Services and Disbursements:$ 2,630.38 Page: 2 Kennedy & Graven, Chartered 200 South Sixth Street Suite 470 Minneapolis, MN 55402 City of Mounds View - Kurt Ulrich August 31, 2006 Kennedy re:matters and revisions; review statues; review various Kurt Ullrich emalis and respond, draft email; revise ballot quetions; phone call Kurt Ulrich 812512006 SJR Work on matter, review D Kennedy email; office 1.00 140.00 conference with D Kennedy re:matter; review Carol Mueller email and respond; phone call Kurt Ulrich re:matter 8/28/2006 SJR Review various mails; office conference with J Short re: 1.50 210.00 Kurt Ulrich messages; review, revise language; phone call Kurt Ulrich re: matter; review Carol Mueller email; review Jonathan Thomas mails; review D Kennedy emaR; revise resolution; office conference with J Short re: resolution and question revisions. 8/2912006 SJR Work on matter; revise resolution; office conference with J 0.50 70.00 Short regarding maiter.etc; various; phone call Kurt Ulrich regarding matter. Total Services : $ Z774.50 For Ali Disbursements As Follows: Photocopies 22.00 812312006 Westlaw Research Charges 39.06 Total Disbursements: $ 61.06 Total Services and Disbursements:$ 2,835.56 Kennedy & Graven, Chartered 200 South Sixth Street Suite 470 Minneapolis, MN 55402 (612) 337-9300 41-1225694 September 29, 2008 involte # 73601 City of Mounds View - Non Retainer Kurt Ulrich 2401 Highway 10 Mounds View, MN 55112-1499 MU210-00004 Charter Commission -Legal Services Through August 31, 2006 For Ali Legal Services As Follows: Hours Amount 8/7/2006 SJR Office conference with J Short and S Sonsalla re: ballot 0.10 14.00 question 8116/2006 SJR Review Kurt Ulrich emaL phone J Short re:matter 0.30 42.00 8/16/2006 JOS Phone call with Kurt Ulrich re his -email to S Riggs re 0.10 9.50 ballot questionlresearch 8!17/2006 SJR Review J Short email re: matter - various 0.30 42.00 8/18/2006 DJK Prepare resolution calling special election 1.50 210.00 8121/2006 SJR Work on matter; review emalls and documents re: ballot 0.80 112.00 questions, etc. 8/21/2006 SJS Legal research regarding amendment submittal deadline; 2.00 280.00 revise ballot question for charter amendment e-mail S. Riggs regarding same. 8/22/2006 RAA Review state law with respect to voting requirements for 1.40 196.00 passage of new charter provision 8!2212006 SJR Review Kurt Ulrich message; phone call Kurt Ulrich 0.10 14.00 8/23/2006 SJR Review Kurt Ulrich message; review J Short emafi; 2.10 294.00 Jonathan Thomas questions; review S Sonsalla research,eic; work on matter phone call Kurt Ulrich re:matter - various calls and revise ballot language; review Kurt Ulrich WISH. 8/2312006 SJS Legal research regarding number of votes needed to pass 1.25 175.00 charter amendment e-mail S. Riggs regarding same. 8/24/2006 DJK Review amended resolution; Intraoffice conference with S 0.50 70.00 Riggs 8/2412006 SJR Review Brian amundsen emaIt review Carol Mueller email; 6.40 896.00 work on matter phone call Kurt Ulrich; various calls; review emalis; work on language; office conference with D Kennedy & Graven, Chartered 200 South Sixth Street Suite 470 Minneapolis, MN 55402 (612) 337-9300 41-1225694 October 31, 2006 invoice # 74116 City of Mounds View - Non Retainer Kurt Ulrich 2401 Highway 10 Mounds View, MN 55112-1499 MU210-00004 Charter Corrwnission-legal Services Through September 30, 2006 For All Legal Services As Follows: Hours Amount 9/6/2006 SJR Review K Ulrich email; office conference with J Short re 0.40 56.00 ballot and resolution; phone call with J Ulrich re matter 9/7/2006 SJR Office conference with S Sonsalla re final ballot question; 0.70 98.00 review K Ulrich/D Crane email and respond; review S Somalia email; work on matter 9/712008 SJS Review and revise Charter Amendment document legal 1.00 140.00 research regarding requirements; e-mail K. Ulrich regarding same. 9/8/2006 SJR Review D Crane email re ballot 0.10 14.00 9/25/2006 SJS Review Election Ballot; legal research regarding 0.50 70.00 requirements; e-mail S. Riggs regarding same. Total Services : $ 378.00 Total Services and Disbursements:$ 378.00 Kennedy & Graven, Chartered 200 South Sbdh Street Suite 470 Minneapolis, MN 55402 (612) 337-9300 41-1225694 November 27, 2006 invoice # 74477 City of Mounds View - Non Retainer Kurt Ulrich 2401 Highway 10 Mounds View, MN 55112-1499 MU210-00004 Charter Commission -Legal Services Through October 31, 2006 For All Legal Services As Follows: 10/4/2006 SJR Review K Ulrich email; office conference with S Sonsalla re matter 10/5/2006 SJR 10/5/2006 SJS 10/17/2006 SJR 10/18/2006 SJR 10/19/2006 SJR 10/23/2006 SJR Hours Amount 0.10 14.00 Office conference with S Sonsafla re charter revision; 0.10 14.00 review S Sonsalia emal Review proposed Charier amendment fetraoffice 1.25 175.00 conference with S. Riggs regarding intent of amendment telephone conference with J. Thomas regarding same; e -mai S. Riggs regarding same. Review D Crane emall 0.10 14.00 Phone call with K Uhich re matter; phone call with M Beer 0.30 42.00 re admin penalties Issue; review email and staff report Work on matter, review 0 Crane emelt phone call with K 0.50 70.00 UMch; phone call with D Crane; review D Crane email Phone call with K Ulrich re matter; phone call with J 0,10 14.00 Thomas Total Services : $ 343.00 Total Services and Disbursements:$ 343.00 ) Lino Lakes Charter Commission Budget and Actual Expenses Source: City of Lino Lakes Financial Statements Year Final Budget Actual 2004 2995 2006 2007 2008 2009 2010 $ 950 $ 1,850 $ 1,875 $ 7,450 $ 5,700 $ 1,500 $ 2,373 $ 1,802 $ 2,082 $ 8,810 $ 5,867 Year City of Lino Lakes Charter Full -Time -Equivalent (FTE) Employees Source: City of Lino Lakes Financial Statements # Employees Population Total City Tax % Chg Levy % Chg FTE Pop. 1997 53.25 14,560 $, 3,349,400 1998 57.73 15,053 $ 3,589,617 8.4% 3.4% 1999 58.13 15,760 $ 4,116,312 0.7% 4.7% 2000 62.18 16,791 $ 4,571,888 7.0% 6.5% 2001 64.88 17,386 $ 5,098,609 4.3% 3.5% 2002 66.88 17,942 $ 5,902,158 3.1% 3.2% 2003 66.13 18,368 $ 6,124,621 -1.1% 2.4% 2004 66.13 18,725 $ 6,550,620 0.0% 1.9% 2005 71.88 19,698 $ 7,269,302 8.7% 5.2% 2006 73.88 19,736 $ 7,976,907 2.8% 0.2% 2007 74.88 19,851 $ 8,456,328 1.4% 0.6% 2008 75.88 20,000 $ 8,866,956 1.3% 0.8% 2009 25,000 20,000 15,000 10,000 5,000 0 ................................r 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 -0-Population-ii-Total City Tax Levy $10,000,000 $9,000,000 $8,000,000 $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $- MARTY LAW FIRM, LLC 3601 Minnesota Drive Suite 800 Bloomington, MN 55435 August 18, 2009 Invoice submitted to: Lino Lakes Charter Commission Caroline Dahl, Chair Telephone: 952-921-5859 e-mail: kmarty@ix.netcom.com Fax: 651-294-1026 4/7/09 Invoice submitted for last 3 months of 2008 $1126.65 5/31/09 Payment received for end of 2008 -1126.65 2008 Sum still due $ 0.00 2009 Legal Services Rendered: Date Work related to city's audit Hours Fees 1/8/09 Spoke with Chair regarding recording meetings. Researched issue. 1/16/09 Researched data practices law issues. Sent response to Chair. 1/28/09 Reviewed emails regarding audit. 1.41 204.45 2/2/09 Spoke with Chair regarding data request. 2/3/09 Reviewed data request and data practices act. Spoke with Chair re same. 2/4/09 Responded to legal question. 2/25/09 Spoke with Chair regarding data practices. 1.92 278.40 3/13/09 Responded to additional questions about data practices. Researched law and opinions re same. 3/16/09 Sent requested information to Chair. Discussed audit with Chair. 3/18/09 Sent letter to audit attorney. 4.00 580.00 5/28/09 Received and read Work Session staff report pages 0.67 97.15 regarding the Charter commission audit. 6/1/09 Spoke with Chair about audit attorney memo. 0.42 60.90 Completed and sent response letter. 6/2/09 Researched public purpose law and cases regarding 1.17 169.65 expenditure of money in a campaign. 6/4/09 Completed research into spending public money and 3.17 459.65 public purpose. Sent information to Chair regarding that, additional legal analysis, and duty of the charter commission. Spoke with Chair re same. 6/5/09 Spoke with Chair about city council work session earlier 0.42 60.90 in the week. 6/8/09 Listened to city council work session CD. Made notes 2.33 337.85 regarding what was said. Checked charter cases regarding powers. Analyzed city council comments. 6/19/09 Read newspaper article. Responded to questions from 0.08 11.60 Chair. 6/23/09 Responded to questions about audit. 0.50 72.50 6/24/09 Read draft city council minutes. Sent corrections and 1 145.00 comments to the chair, relating to charter commission issues. Also responded to draft opinion piece re charter commission activities. 6/26/09 Edited and added comments to draft letter. 0.25 36.25 7/29/09 Received call from a reporter. Read emails from the 0.08 11.60 Chair and responded to question. TOTAL related to city's audit: $2525.90 Date Work related to amending the Charter Hours 4/20/09 Responded to questions about data practices and the .08 Internet. 6/23/09 Sent note re charter amendment 0.08 7/30/09 Responded to emails about preparing charter amendments 0.25 7/31/09 Spoke with Charter Commission member regarding 0.33 two proposed charter amendments. Fees 11.60 11.60 36.25 47.85 TOTAL related to amending the Charter $107.30 MINUS payment received UNPAID for first half of 2009 1062.85 1570.35 Date: 12/30/2008 Time: 09:28:38 Account# / Title City of Lino Lakes FM Reports - Period Expenditure Report Operator: pms Calendar Period: 01/2008 To: 12/2008 Fiscal Period: 01/2008 To: 12/2008 Budget Thru: 12/2008 Original Net Budget Expended PTD Page: 1 Expended YTD 4 Unexpended Bal 101-405-4200-000 GENERAL CHARTER SUPPLIES Total 101-405-4300-000 GENERAL CHARTER 101-405-4300-999 GENERAL CHARTER Tr Date Type OFFICE SUPPLI 0.00 0.00 0.00 0.00 PROFESSIONAL 0.00 0.00 PROFESSIONAL 5,000.00 5,000.00 Journal Receipt Check#/tette Vendor 0.00 0.00 0.00 5,774.83 Description 0.00 0 0.00 0 0.00 0 5,774.83 115 Amount 02/11/08 02/25/08 02/29/08 04/14/08 05/27/08 05/27/08 08/21/08 08/25/08 10/27/DB 10/27/08 11/10/08 INV -IN INV -M PST-je INV -IN INV -IN INV -IN INV -IN INV -IN INV -IN INV -M INV -IN INV -IN 6907 82294 02/11/08 TIMESAVER OFF-SITE SECRETARIAL 6973 82317 02/12/08 MARTY LAW FIRM, LLC 7087 1 7070 82672 04/14/08 MARTY LAW 7217 82998 05/27/08 MARTY LAW 7217 83028 05/27/08 TIMESAVER 7416 83765 08/21/08 MARTY LAW 7400 83756 08/25/08 TIMESAVER 7522 84273 10/27/08 MARTY LAW 7528 84161 10/16/08 7546 84410 11/10/08 7546 84439 11/10/08 101-405-4301-000 GENERAL CHARTER MUNICIPAL ATT 101-405-4322-000 GENERAL CHARTER POSTAGE 101-405-4330-000 GENERAL CHARTER TRAVEL/TUITIO 101-405-4340-000 GENERAL CHARTER ADVERTISING FIRM, LLC FIRM, LLC OFF-SITE SECRETARIAL FIRM, LLC OFF-SITE SECRETARIAL FIRM, LLC POLEGRAPHIcS MAILING SOLUTIONS SUMMIT PRINTING 500.00 0.00 0.00 200.00 Tr Date Type Journal Receipt Check#/Date Vendor CHARTER MEETING LEGAL SERVICES/CHARTER • Rev Marty Law Firm,Ch8231 PROFESSIONAL SERVICES/CSA PROFESSIONAL SERVICES/CHA CHARTER COMMISSION 4-17 PROFESSIONAL SERVICES/CSA CHARTER MEETING PROFESSIONAL SERVICES (50) 24*48 CORRUGATED TWO MAILING SERVICES CHARTER CHARTER COMMISSION MAILER Detail Total: 500.00 0.00 0.00 0.00 0.00 0.00 200.00 91.80 Description 213.25 3,060.46 3,060.46- 846.31 274.48 243.50 181.25 213.25 1,078.63 628.35 1,535.71 560.1D 5,774.83 0.00 0 0.00 0 0.00 0 91.80 46 Amount 03/10/08 INV -IN 6996 03/31/08 PST-je 7219 04/14/08 INV -IN 7070 05/27/08 INV -IN 7217 06/23/08 INV -IN 7276 08/25/08 INV -IN 7400 09/08/08 INV -IN 7424 10/13/08 INV -IN 7485 10/13/08 INV -IN 7485 11/10/08 INV -IN 7546 11/24/08 INV -IN 7586 12/31/08 PST-je 7670 12/31/08 PST-je 7670 12/31/08 PST-je 7670 12/31/08 PST-je 7670 82459 03/10/08 PRESS PUBLICATIONS, INC. 1 82693 04/14/08 PRESS PUBLICATIONS, INC. 83014 05/27/08 PRESS PUBLICATIONS, INC. 83218 06/23/08 PRESS PUBLICATIONS, INC. 83748 08/25/08 PRESS PUBLICATIONS, INC. 83833 09/08/08 PRESS PUBLICATIONS, INC. 84126 10/13/08 PRESS PUBLICATIONS, INC. 84126 10/13/08 PRESS PUBLICATIONS, INC. 84426 11/10/08 PRESS PUBLICATIONS, INC. 84523 11/24/08 PRESS PUBLICATIONS, INC. 1 2 3 4 10"05-4343-000 GENERAL CHARTER NEWSLETTER 0.00 0.00 ADV CITY COUNCIL WORE SES Correct code for ch #8245 ADVERTISING/CHARTER COMMI CHARTER COMMISSION ADVERTISING CHARTER COMMI SPECIAL WORK SESSION ADVERTISING CHARTER ADV MEETING ADV MEETING MEETING NOTICE SPECIAL COUNCIL WORKSESSI Correct Ch# 83748, 8/25/0 Correct Ch# 84126, 10/13/ Correct Ch# 84426, 11/10/ Correct Ch# 84523, 11/24/ Detail Total: 22.95 22.95- 38.25 22.95 15.36 22.95 15.30 22.95 22.95 17.21 22.95 22.95- 45.90- 17.21- 22.95- 91.80 0.00 0.00 0.00 774.83 - 500.00 0.00 0.00 108.20 0.00 0.00 0 0.00 PIamIRUUnn POAWnWM D8/16/07 137461 LEGAL LEGAL RATES 2X 1.0C SPECIAL CHARTER MEETIN3 2.00 08/16 QUAD 1 7.40 14.80 14 Statement of Account - Aging of Past Due Amounts AliMMittaiN 16r060WeirollartefeoWen N/A AMMON n N/A PRESS PUBLICATIONS (651) 407-1200 N/A 16165160161. N/A Due date: 09/13/07 MUStraselais * UNAPPLIED AMOUNTS ARE INCLUDED IN TOTAL AMOUNT DUE 169527 ?f( . ENOW iN r s bill: INi ilei + it 3 grmdva isTaclgi i,r42.MArdiiFidtiiiM va�r 08/2007 2431 2431 ITY OF LINO LAKES, AL INVOICE n Statement of Account -Aging of Past Due Amounts Due date: 10/12/07 N/A N/A N/A N/A 59.20 PRESS PUBLICATIONS (651) 407-1200 * UNAPPLIED AMOUNTS ARE INCLUDED IN TOTAL AMOUNT DUE O.. L } _ a ,w �itY i R '1 .� .. 3 �. .,,�, . � I.. ^..T 1. �f.�. ��ii Y - .y 5+.. - k i i -. ,y -.Yet. ;, '>r .1'r.,...y . ';t:.. Tv Y`r--a r '- 7.1:rf'i .fir, �r .•- ,, ,;. „. 09/2007 2431 2431 ITY.OF LINO LAKES, AL 1 s Tom_ }+ Sw r'3tte 4 .. IMESAVER OFF-SITE SECRETARIAL, INC Veadoz# 004427 Check#81929 12-17 2p0. 01-405-4300-999 CHARTER COMMISSION/NOV 15 15887 295.10 295.10 .538209 Attn: Joyce. Lund City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Date h6rl son Lake, MN '56063-4179- . Description Nov. 15 Charter .Commissi.on Meeting Base Rate - 3.75 hour Amount $ 295.10 TOTAL $ 295.10 Sr I3 d 28601 Hub Drive • Madison Lake, MN 56063 • 763-421-8999 • Fax 507-931-1668 TIMESAVER OFF-SITE SECRETARIAL, INC Vendor# 004427 Check# 81863 12/10/2007 101-405-4300-999 NOV 1/CHARTER COMMISSION 15858 265.75 Attn: Joyce Lund City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 - Date Nov. 1 265.75 Madison Lake, MN 56063=4179 08,1.863 Description Amount Charter Commission Meeting Base Rate - 3.5 hour $ 265.75 TOTAL $ 265.75 28601 Hub Drive • . Madison Lake, MN 56063 • 763-421-8999 • Fax 507-931-1668 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 July 31, 2009 Bled through 07/31/2009 Invoice # 104509 City of Lino Lakes Attn: Gordon Heitke, City Administrator 600 Town Center Parkway Lino Lakes, MN 55014 RE: Investigation - Charter Commission Client/Matter No.: 10555 28517 Detail of Professional Services 07t22/2009 MGD Receipt & review Julie request 07/23/2009 AMM Prepare memorandum for City re: Charter Commission and proposed amendment 07242009 AMM Revise letter to Lino Lakes 07/27/2009 MGD Complete memo to City Administrator Total Current Charges Billing Summary Total professional services Net Current Charges Plus past due balance forward Total balance now due Total professional services rendered: tot- tt * Balance is due upon receipt of invoice * * Past due balances will be subject to service charge * * Questions regarding your invoke should be directed to the Business Office immediately * e.b.„44—zsfrin.e..4 4 -Ac StA56rfu.4. $310.00 5310.00 Amount $310.00 $310.00 $0.00 $310.00 4h iS d r 1 o mc C- ` i..c_. lhY'B1lfs 4r Gt,f4� S '� 's n� ,r x &w Z et,tbrovi &Js we/ cut- q1Prtova 04°q) Julie Bartell To: Subject: Dan Tesch Special Charter Commission Meeting - August 20, 2009 Dan - attached find the agenda for Thursday's special Charter Commission meeting. The meeting includes a joint session with the city council. The Commission chair has been informed that not all council members are available for the meeting but because the commission wants to have this discussion before the council's August 25 budget work session, they will hold the meeting anyway. 08-20-09 Agenda.doc Julie Bartell City Clerk City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 651-982-2406 651-982-2499 fax Julie. barfe/lna ei.lino-lakes. mn. us 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ^22 Charter Commission August 20, 2009 Page 1 DATE TIME STARTED TIME ENDED MEMBERS PRESENT c 1� Li Ct 4,1 Cl -c4.11_ 1213 o 101 FINAL CITY OF LINO LAKES CHARTER COMMISSION Special Meeting August 20, 2009 7:06 P.M. 9:01 P.M. Dahl, Gunderson, Lyden, Stockman Maher, Storberg, Trehus, Carlson, Zastrow, Sutherland, Drennan, Williams, Minar (arrived at 7:35pm), Bretoi (arrived at 8:30pm.) MEMBERS EXCUSED Aldentaler, Vacha MEMBERS UNEXCUSED None STAFF MEMBERS PRESENT Julie Bartell, City Clerk COUNCIL MEMBERS PRESENT:Jeff O'Donnell, Jeff Reinert, Kathi Gallop OTHERS PRESENT: Bob Benning CALL TO ORDER AND ROLL CALL 23 Chair Dahl called the meeting of the Lino Lakes Charter Commission to order at 7:06 pm. on 24 August 20, 2009 25 26 PLEDGE OF ALLEGIANCE 27 28 SETTING OF AGENDA 29 Chair Dahl reminded the Commission and others present of Charter By -Laws Article III, Section 30 2 that the agenda set by the notice of the special meeting may not be amended unless all members 31 of the Commission are present and vote unanimously to conduct additional business. 32 33 INTRODUCTIONS 34 35 OPEN MIKE 36 No one was present for open mike. 37 38 JOINT MEETING BETWEEN CHARTER COMMISSION AND COUNCIL TO 39 DISCUSS CHARTER BUDGET 40 41 A. Cost of Doing Commission Business, 2009 & 2010 42 Commissioner Sutherland handed out a packet of information related to discussion. Information ,,-..N.43 included: 44 1. Commission's past budgets vs. actuals going back to 2004. 1 Charter Commission August 20, 2009 Page 2 n 45 2. FTE's vs. population going back to 1997. 46 3. Invoices from Commission's attorney. 47 4. Invoices regarding Charter Business. 48 5. Additional page is the City Attorney's invoice for reviewing the Charter submitted 49 amendment for passage by ordinance. 50 51 Commissioner Trehus stated that the Charter Commission has been budgeted an average of 52 $4,000 each year going back to the mid -1990's. Most years, the commission did not use all the 53 funds budgeted and any unused funds were returned back to the General fund of the city budget. 54 55 Commissioner Storberg added that in some years, the Commission was budgeted up to $8,000. 56 57 Councilmember Reinert stated that there were two things at question: 1. Funds for legal advice 58 and 2. General charter operations. 59 60 Councilmember O'Donnell would like two discussions of the Commission's budget needs: 1. 61 Regular Charter Operations and 2. Amendments. O'Donnell asks if the Commission and Council 62 begin to look forward and work together. 63 64 Commissioner Storberg states that both entities worked well together before referendum to 65 amend the Charter happened. A compromise to amend the street financing referendum of the ".-N6 charter was worked out and the Council put a petition -initiated ballot question instead. 67 Councilmembers Reinert and O'Donnell agreed. 68 69 Commissioner Zastrow stated that the Council and Commission historically met together. Now 70 separate attorneys are needed. Commissioner Drennen stated he believes that two attorneys 71 between the City and Commission end potential conflicts of interest. 72 73 Commissioner Gunderson states that the Commission needs funds for the remaining two 74 scheduled meetings of 2009. Costs include publishing meeting notices and possible continuance 75 of the audit. Commissioner Sutherland states that approximately $3,000 is needed for 2010. 76 Commissioner Lyden states the Commission needs the professional legal service it has used in 77 the past in order to get accurate minutes out on time. 78 79 Chair Dahl asks Councilmember O'Donnell if two separate lines in the Charter Commission's 80 budget of "business" and "legal advice" would help. 81 82 Councilmember O'Donnell states that currently the city budget has one line for the Charter 83 Commission and that he would be open to having two lines. Councilmember Reinert agrees. 84 Councilmember Reinert states the Commission is currently broke and not through abuse, but due 85 to an audit ordered by the Council. 86 ^87 Chair Dahl states she does not favor adding a second line to the city budget for the Commission, 88 but wanted to make the suggestion to help the discussion. 2 Charter Commission August 20, 2009 Page 3 89 Commissioner Sutherland asks the Councilmembers what is needed from the Commission to 90 receive more funds from the Council. 91 92 Councilmember Gallop asks if the 2008 budget for the Commission was originally set at $1,500. 93 Many answer yes, that is the amount mandated by state law for all Charter Commissions. 94 95 Commissioner Storberg states that any year is unpredictable because the Council could bring 96 anything to the Commission. 97 98 Commissioner Trehus states the statue for Charter Commission funding states $1,500 is for costs 99 related to framing and amending. 100 101 Councilmember Reinert suggests two budget lines would protect funds for each "operations" and 102 "framing and amending." 103 104 Commissioner Sutherland states the $3,000 is estimated for operations from looking at the 105 Charter Commission's budgets going back to 2004. 106 107 Councilmember O'Donnell suggests the Commission could bring a request for only operations in 108 2009. After that, there should be discussions between the Council and Commission on future 109 amendments the Commission would like to bring forward. ^10 111 B Cost of Legal Advice for Charter Amendments for 2009 & 2010 112 Commissioner Carlson states he believes that Councilmember O'Donnell's suggestion is fair and 113 that he wishes the Council and Commission would have worked together on the road issue. 114 115 Commissioner Minar proposes a Councilmember attend the Charter Commission meetings, 116 perhaps rotating throughout the year. Chair Dahl reminds everyone that the Charter was 117 amended to prohibit members of the Council from being on the commission. Councilmember 118 Reinert states that the Council could still have a liaison to the Commission. He also states that 119 the Council and Commission need to be separate but work together. Commissioner Lyden states 120 that the Charter provides the structure that the Council works in. Commissioner Drennen agrees 121 that both should meet together and work on authority boundaries. 122 123 Councilmember O'Donnell states that road issues need fixing. Councilmember Reinert states he 124 supports the Charter and the Commission's amendment of compromise for road issues and thinks 125 that the amendment should come back. 126 127 Commissioner Storberg asks Councilmember Gallop her opinion the road issue. Gallop states 128 she supports the Task Force's road amendment. Storberg asks Gallop what she did not support of 129 the Commission's amendment and Gallop referenced the referendum. 130 + Charter Commission August 20, 2009 Page 4 .31 Commissioner Sutherland referenced the second handout. This handout contains copies of 132 invoices of legal advice for Mounds View Charter Commission's amendment for capping the 133 City Tax Levy, which totaled $6,690. 134 135 Chair Dahl states to the Councilmembers that the Commission does it's own research on 136 amendments, not the attorney, and that the attorney is only used when needed for review. Also 137 states that the statute mandating a minimum yearly budget of $1,500 was made into law in the 138 1960's. 139 140 Commissioner Trehus stated he believes that the Citizens for Safer Roads group received more 141 money from the city than the Charter Commission. 142 143 Chair Dahl stated that having three members of the City Council present at the meeting is a great 144 example of the willingness to work together. Yet, a commitment of additional funds for the 145 Commission is needed from the Council. 146 147 Commissioner Trehus asks when is the due date for setting the budget. Councilmember 148 O'Donnell states the City needs to declare the maximum levy in mid-September. Commissioner 149 Gunderson clarifies that the declaration of levy is to Anoka County and that further discuss can 150 still happen after mid-September. Commissioner Zastrow states the Charter Commission should 151 ask for more money and Commissioner Lyden agrees and states that any money not spent will be ''52 returned to the General Fund. 153 154 Councilmember Reinert states he would support additional dollars in 2009 to fund operations for 155 remaining Commission meetings. Also states that a path of how to work together should be 156 created for request for future dollars. Suggests that the Commission should have access to the 157 City Finance Director. 158 159 Commissioner Gunderson states that while appreciating the support for more dollars for 2009, 160 the next council meeting on August 25th is perhaps one of the final meetings for the 2010 budget. 161 Asks for a commitment for a base dollar amount for 2010. 162 163 Commissioner Sutherland reviews the outstanding legal invoices for the Charter Commission's 164 attorney. Councilmember Gallop asks if the Commission is content with additional dollars for 165 cost of business and current bills for 2009. Commissioner Sutherland affirms. Commissioner 166 Storberg asks if the Council make a motion at the next council meeting. Councilmember Reinert 167 states that to appropriate funds, a resolution is needed, not a motion. Also states the next council 168 work session is before the next council meeting. City Clerk Julie Bartell states that two 169 councilmembers can add an item to the work session agenda. Also states that there will be a 170 special council meeting on Tuesday, September 8th and the first regularly scheduled council 171 meeting in September is on the 15th. 172 �73 C. Cost of Legal Advice for On -Going Audit of Charter Commission 4 Charter Commission August 20, 2009 Page 5 .74 Commissioner Sutherland states that the attorney who conducted the audit, Mr. Michael 175 Dougherty, is still involved with Charter business due to the fact they are reviewing the 176 amendment for televising the open mike portion of city council meetings. Asks if the audit of the 177 Charter Commission is closed. 178 179 City Clerk Bartell states that there is an open agenda item on the audit. Also states the Council 180 directed the interim City Administrator, Dan Tesch, to look into the 3 points made in the audit 181 findings: Budget, Data Practice and unsure of the third point. Bartell states the City Attorney 182 was asked to review the charter amendment by ordinance and the City Administrator brought Mr. 183 Dougherty to also review. 184 185 Commissioner Zastrow asks who brought forth the audit. Many answer that some members of 186 the group Citizens for Safer Roads brought forth request and it was not done by petition. 187 188 Commission Lyden requests that the Council keep in mind the agenda of anyone who brings that 189 type of request in the future. 190 191 Councilmember Reinert states that the Commission feels the audit is still hanging over their 192 heads and suggests that the Council put an end to the audit at the next regular scheduled meeting. 193 Councilmembers O'Donnell and Gallop agree. Chair Dahl states that the Commission does ask 194 for closure on the audit. \95 196 D. Plan of Action — Funds Vote 197 I. Commissioner Sutherland states that the Charter will be represented at the 198 Tuesday, August 25th meeting for discussion on the 2010 budget. 199 II. Commissioner Sutherland states that next Council meeting with an opportunity 200 for action on the Charter Commission's 2009 budget is Monday, September 14. 201 202 The special council meeting on Tuesday, September 8th is for the first reading of the charter 203 amendment by ordinance on televising council meetings open mike portion and work sessions. 204 205 MOTION by Commissioner Minar, seconded by Drennen, to thank the three councilmembers 206 present for spending their personal time to meet with the Charter Commission. Motion passes 207 unanimously. 208 209 A five minute break is called by Chair Dahl. 210 211 Goalsetting 212 Commission reconvenes at 8:37pm. Chair Dahl hopes Commissioners agree that this meeting 213 was a good start to work with the City Council in the future. 214 215 Commissioner Drennen discusses the report sent to the State Auditor. Commissioner Trehus 16 states that he will be receiving any correspondence from the State Auditor's office regarding the _17 report. Chair Dahl asks Commissioner Trehus to inform the commission when he receives any 5 Charter Commission August 20, 2009 Page 6 218 notice from the State Auditor's office. Commissioner Minar states the report sent to the State 219 Auditors seeks an opinion from an unbiased, independent and unemotional third party regarding 220 questions of the city funding of the newsletter and ballot language of the 2008 Charter 221 Amendment referendum. 222 223 Discussing goalsetting, Commissioner Sutherland leads discussion on the following points: 224 A. Three outstanding items of the audit of the Charter Commission. 225 B. Tuesday, August 25th Council budget meeting - who will attend? Commissioner 226 Sutherland asks if more Commission budget and actual information going back before 227 2004 is available. Commissioners Trehus and Storberg suggests going back to 1981. 228 C. Council Work Sessions are scheduled for September 8 and 14. 229 230 Commissioner Gunderson states she will try to contact all Commissioners on the future meetings 231 mentioned. 232 233 Commissioner Storberg states she is really pleased with all the extra work Commissioner 234 Sutherland put into the joint meeting. Also complemented Commissioner Gunderson on speaking 235 before the City Council at the recent meeting. 236 237 Chair Dahl thanked all the Commissioners for a great, respectful meeting with the City 238 Councilmembers. /-N?39 240 NEW BUSINESS 241 242 The next meeting of the Charter Commission will be Thursday, October 8, 2009 at 6:30pm. 243 244 ADJOURN 245 MOTION by Commissioner Minar, seconded by Commissioner Lyden, to adjourn the meeting at 246 9:01p.m. Motion carried unanimously. 247 248 249 Respectfully Submitted, 250 251 Kelly Gunderson 252 Secretary 6