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HomeMy WebLinkAbout09-10-2008 Charter PacketLINO LAKES CHARTER COMMISSION AGENDA SPECIAL MEETING Wednesday, September 10, 2008 1. Call to Order and Roll Call 2. Pledge of Allegiance 3. Approval of Agenda 4. Open Mike 5. Approval of Minutes: August 21, 2008 6. Old Business A. Communication Plan/Web Site B. Statement of detailed expenses incurred up to September 2008 and Charter Budget Balance (Al Rolek) Read Only 6:30 PM 6:32 PM 6:33 PM 6:34 PM 6:34 PM 6:38 PM 7. New Business A. Citizen's Petition to repeal Chapter 8, Council's Amendment and Charter's Amendment on Ballot 7:00 PM B. Ballot Language from City Charter Attorney, Mr. Bubul C. Next meeting date: Thursday, October 9, 2008 Adjournment 8:30 PM Date: 09/05/2008 Time: 11:10:30 City of Lino Lakes FM Reports - Period Expenditure Report 1 Account# / Title Operator: ajr Page: 1 Calendar Period: 01/2008 To: 08/2008 Fiscal Period: 01/2008 To: 08/2008 Budget Thru: 12/2008 Original Net Budget Expended PTD Expended YTD 8 Unexpended Bal 101-405-4200-000 GENERAL CHARTER OFFICE SUPPLI 101-405-4300-000 GENERAL CHARTER PROFESSIONAL 101-405-4300-999 GENERAL CHARTER PROFESSIONAL Tr Date Type 0.00 0.00 5,000.00 Journal Receipt Check#/Date Vendor 0.00 0.00 5,000.00 0.00 0.00 1,972.04 Description 0.00 0.00 1,972.04 0 0 39 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 INV -IN INV -M PST-je INV -IN INV -IN INV -IN INV -IN INV -IN 101-405-4301-000 101-405-4322-000 101-405-4330-000 101-405-4340-000 -4 1 ate Type 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 FIRM, LLC 7217 82998 05/27/08 MARTY LAW FIRM, LLC 7217 83028 05/27/08 TIMESAVER OFF-SITE SECRETARIAL 7416 83765 08/21/08 MARTY LAW FIRM, LLC 7400 83756 08/25/08 TIMESAVER OFF-SITE SECRETARIAL GENERAL GENERAL GENERAL GENERAL Journal CHARTER CHARTER CHARTER CHARTER MUNICIPAL ATT POSTAGE TRAVEL/TUITIO ADVERTISING 500.00 0.00 0.00 200.00 Receipt Check#/Date Vendor CHARTER MEETING LEGAL SERVICES/CHARTER Rev Marty Law Firm,ch8231 PROFESSIONAL SERVICES/CHA PROFESSIONAL SERVICES/CHA CHARTER COMMISSION 4-17 PROFESSIONAL SERVICES/CHA CHARTER MEETING Detail Total: 500.00 0.00 0.00 0.00 0.00 0.00 200.00 99.45 Description 0.00 0 0.00 0 0.00 0 99.45 50 0.00 0.00 3,027.96 213.25 3,060.46 3,060.46- 846.31 274.48 243.50 181.25 213.25 1,972.04 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 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. 101-405-4343-000 GENERAL CHARTER NEWSLETTER 101-405-4344-000 GENERAL CHARTER LEGAL PRINTIN 101-405-5000-000 GENERAL CHARTER CAPITAL OUTLA GRAND TOTAL 0.00 0.00 0.00 5,700.00 0.00 0.00 0.00 5,700.00 ADV CITY COUNCIL WORK SES Correct code for ch #8245 ADVERTISING/CHARTER COMMI CHARTER COMMISSION ADVERTISING CHARTER COMMI SPECIAL WORK SESSION Detail Total: 0.00 0.00 0.00 2,071.49 0.00 0 0.00 0 0.00 0 2,071.49 36 500.00 0.00 0.00 100.55 22.95 22.95- 38.25 22.95 15.30 22.95 99.45 0.00 0.00 0.00 3,628.51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 '22 23 24 PLEDGE OF ALLEGIANCE 25 26 APPROVAL OF AGENDA 27 MOTION by Commissioner Stockman Maher, seconded by Commissioner Minar, to adopt the 28 amended agenda. Motion carried unanimously. 29 30 OPEN MIKE 31 No one was present for open mike. 32 33 APPROVAL OF MINUTES 34 Chair Duffy requested line 257 be amended to read "Chief Judge Gary Schurrer's" there by 35 correcting the spelling of the Chief Judge's name. 36 37 MOTION by Commissioner Zastrow, seconded by Commissioner Stockman Maher, to approve 38 the minutes of July 17, 2008 as amended. Motion carried with Commissioner Trehus abstained. 39 40 41 OLD BUSINESS 42 Charter Commission August 21, 2008 Page 1 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS EXCUSED MEMBERS UNEXCUSED STAFF MEMBERS PRESENT OTHERS PRESENT: DRAFT CITY OF LINO LAKES CHARTER COMMISSION SPECIAL MEETING August 21, 2008 6:39 P.M. 8:40 P.M. Duffy, Gunderson, Storberg, Trehus, Bretroi, Williams, Minar, Zastrow, Stockman Maher (departs 8:30pm), Dahl (arrived at 6:47pm), Drennen (arrived at 6:55pm), and Carlson (arrived 7:28pm) Aldentaler, Vacha, Lyden None None Deb Barnes, reporter for The Citizen. CALL TO ORDER AND ROLL CALL Chair Duffy called the special meeting of the Lino Lakes Charter Commission to order at 6:39 p.m. on August 21, 2008. 1 Charter Commission August 21, 2008 Page 2 43 A. Communication Plan 44 Chair Duffy presented an update of submission of an article for the City's Fall newsletter. After 45 sending an article to city staff and requesting a copy of any changes made before going to press, 46 she found that a majority of the article had been rewritten. 47 48 Commissioner Dahl arrives at 6:47pm 49 50 Commissioner Trehus summarized the article that was sent to the City from the communication 51 subcommittee. Chair Duffy said that after reviewing the article that was sent back to her, she 52 directed city staff not submit the article for the newsletter. 53 54 MOTION by Commissioner Trehus, seconded by Commissioner Minar, to table discussion of 55 Communication Plan until Commissioner Drennen arrives. Motion passes unanimously. 56 57 58 B. 2008 Budget Update 59 Chair Duffy reviewed the 2008 budget update. As of August 15, 2008, there were no outstanding 60 bills pending for payment. 61 62 Commissioner Drennen arrives at 6:55pm 63 '64 NEW BUSINESS 65 66 A. Incoming Petition to repeal Chapter 8 67 Chair Duffy received a copy of a petition that seeks to replace the entire Section 8 of the Charter 68 with Chapter 429 of State statute. 69 70 The Petition was submitted to the City on August 12, 2008. Of the 421 signatures on the 71 petition, 36 were found to be invalid. In order for the petition to be certified valid, 415 signatures 72 were needed. City Clerk Julie Bartell certified the petition to be invalid. The citizens who 73 present the petition have until September 2, 2008 to rectify the petition and resubmit. The City 74 then has 5 days to re -certify the petition. 75 76 Chair Duffy discussed the Council's options to either submit the Citizen Task Force charter 77 amendment for the November election ballot or not submit that amendment and support the 78 Citizens petition 79 80 Commissioner Trehus summarized a letter sent to the City Council by 4 members of the Citizens 81 Task Force, dated August 17, 2008, supporting the Petition rather than the Task Force's proposed 82 amendment. 83 84 Commissioner Minar discussed the Commission's opposition of State Statute Chapter 429. 85 86 Chair Duffy discussed the possibility of submitting the Charter's own proposed amendment. 2 Charter Commission August 21, 2008 Page 3 87 Chair Duffy reviews the City Council's timetable regarding submitting ballot language. The City 88 Council's next work session is Tuesday September 2, 2008 and the next meeting on Monday 89 September 8, 2008. The deadline for submitting ballot language to Anoka County is Thursday 90 September 11, 2008. 91 92 Chair Duffy then redirected the meeting to the earlier agenda item under Old Business: 93 Communication Plan. 94 95 OLD BUSINESS (continued from earlier) 96 97 A. Communication Plan (Continued) 98 Commissioner Carlson arrived at 7:28pm. 99 100 Commissioner Drennen favored waiting on any further communication plan until the Council 101 acts on September 8, 2008 and if the petition is recertified. 102 103 Chair Duffy asked for commissioners' opinions on submitting the commission's proposed 104 amendment to the ballot. Commissioners Trehus and Minar stated their opinions are to wait on 105 submitting the amendment to the ballot. 106 107 MOTION by Commissioner Drennen to have Commission's attorney draft ballot language of '08 Commission's Charter amendment in preparation for the November General Election. 109 Commissioner Trehus offered a friendly amendment of Commission to meet Wednesday 110 September 10, 2008 instead of Monday September 15, 2008. Commissioner Drennen accepts 111 the friendly amendment to the motion. Commissioner Minar seconds. Motion passes 112 unanimously. 113 114 MOTION by Commissioner Storberg, seconded by Commissioner Zastrow to reserve the City 115 Council chambers a day in the last week of October for live charter commission public forum, 116 inviting all members of charter commission and commission attorney to attend. 117 118 Deb Barnes asked the commission to keep in mind press deadlines for the area newspapers to 119 publish articles on the forum. 120 121 Commissioner Minar expressed favoring the motion, but said an exact date would be needed. 122 123 Commissioner Drennen stated the Communication Subcommittee should discuss and plan a 124 forum before reserving a date for the chambers. Commissioner Trehus and Carlson agreed. 125 126 Commissioner Minar states that dates should be looked at rather than making a reservation. 127 Commissioner Storberg withdraws the motion. 128 X129 Chair Duffy received a letter from the City offering to have the Commission work jointly with 130 the firm hired by the City handling a communication plan. The letter invited her to attend a 3 Charter Commission August 21, 2008 Page 4 31 meeting with Springsted on Monday August 25, 2008. Chair Duffy stated she had requested 132 materials from the city in preparation for this meeting. As of the date of this meeting, she had 133 not received any materials from the City. 134 135 Commissioners Drennen and Trehus discussed how this meeting has no purpose as evidenced by 136 the City rewriting what the Commission had submitted for the Fall newsletter. 137 138 Chair Duffy agreed and stated that she would politely decline the offer to meet with the firm. 139 140 Commissioner Drennen gave an update of the Subcommittee's work on a website to help inform 141 the citizens on any possible vote on amending the Charter. The next meeting of the 142 Subcommittee would be decided after that evening's Commission meeting. 143 144 Commissioner Stockman Maher departs at 8:30pm. 145 146 The next meeting of the Charter Commission will be Wednesday September 10, 2008 at 6:30pm. 147 148 149 ADJOURN 150 MOTION by Commissioner Minar, seconded by Commissioner Bretoi, to adjourn the meeting at 151 8:40 p.m. Motion carried unanimously. X52 153 154 Respectfully Submitted, 155 156 Kelly Gunderson 157 Secretary 4 STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND AGENDA ITEM 3B Julie Bartell, City Clerk September 8, 2008 Resolution No. 08-98, Receiving Proposed Charter Amendment and Calling a Special Election Thereon (ballot language for citizen petition) 3/5 On August 12, 2008, a petition was submitted to the City and the Lino Lakes Charter Commission by the Lino Lakes Citizens for Safer Roads. The petition requests amendment of the City Charter regarding procedures for special assessments for public improvement projects. The form of the petition was found to meet the statutory requirements related to charter amendments and petitions. Since only registered voters are allowed to sign such a petition, all signatures were checked and registered voters totaled. On August 20, 2008, the petition was found to be insufficient and the petitioners were so informed. On August 28, 2008, as allowed by state statute, a supplemental petition was submitted by the petitioners. The petition, including the supplemental pages, was found to be sufficient in signatures and therefore was certified. The state statute governing charter amendments designates that the governing body (the city council in this case) fix form of the ballot for all amendments. The City's attorney has prepared the attached resolution calling for an election and setting the ballot relative to the citizen proposed charter amendment for the council's consideration. RECOMMENDATION City Council consideration of Resolution No. 08-98, Receiving Proposed Charter Amendment and calling a Special Election thereon. ATTACHMENTS Text of the charter amendment, as attached to the citizen petition Text that is included on the signature pages of the citizen petition Certification of the petition Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08-98 RESOLUTION RECEIVING PROPOSED CHARTER AMENDMENT AND CALLING A SPECIAL ELECTION THEREON BE IT RESOLVED by the City Council of the City of Lino Lakes, Anoka County, Minnesota ("City") as follows: 1. The City Council hereby finds and determines that the City Council has duly received a proposed amendment to the City's Charter initiated by a petition of voters pursuant to Minnesota Statutes, Section 410.12, subdivision 1, 2 and 3, which amendment generally changes the procedures for financing of public improvements with special assessments. 2. In accordance with Minnesota Statutes, Section 410.12, subdivision 3, the City Clerk duly examined the petition within ten days after filing thereof, and after notifying petitioners of certain insufficiencies and examining a supplemental petition filed by petitioners within ten days after such notification, duly certified that the petition was properly attested and was signed by a sufficient number of registered voters (being a number equal to five percent of the total votes cast at the last previous state general election in the City). 3. As required under Minnesota Statutes, Section 410.12, subdivision 4, the proposed charter amendment will be submitted to the voters of the City at the special election to be held (as part of the general election) on Tuesday, November 4, 2008. The election will be held and conducted in accordance with the laws of the State of Minnesota relating to municipal elections and the City's home rule charter. 4. The City Clerk is directed to cause a notice of election or sample ballot, or both, in substantially the form attached hereto as Exhibit A to be posted and published as required by law and as follows: (a) The notice of election, including the complete text of the proposed charter amendment, will be published in the official newspaper of the City once a week for two successive weeks prior to the election; The notice of election and a sample ballot will be posted in the office of the City Clerk at least four days prior to the election and a sample ballot will be posted at each polling place on election day, and (c) The sample ballot will be published in the official newspaper at least one week prior to the election. (d) The City Clerk will provide written notice of the election to the Anoka County Auditor at least 53 days before the election, including the date of the election and title and language for the ballot question. (b) 1 5. The polling places, hours of election and the respective judges for the election will be those established by the City for general elections. The polls will be open from 7:00 a.m. until 8:00 p.m. 6. (a) The City Clerk is authorized and directed to prepare the ballot in substantially the following form, subject to the terms of Section 6(b) hereof: CITY QUESTION BALLOT SPECIAL ELECTION CITY OF LINO LAKES November 4, 2008 INSTRUCTIONS TO VOTERS: To vote for a question, fill in the oval next to the word "YES" for that question. To vote against a question, fill in the oval next to the word "NO" for that question. CITY QUESTION NO. 1: PROPOSED CHARTER AMENDMENT INITIATED BY VOTER PE"1'1'11ON Option A: Should Chapter 8 of the City of Lino Lakes charter be amended to read as follows: "The City may undertake public improvements financed in whole or in part with special assessments in accordance with state law" Option B: Should Chapter 8 of the City of Lino Lakes charter be amended to authorize the financing of public improvements with special assessments using the procedures of Minnesota Statutes, Chapter 429 instead of the separate procedures under the current City Charter. Option C: Should Chapter 8 of the City of Lino Lakes charter be amended to authorize the financing of special assessments using the procedures of Minnesota Statutes, Chapter 429 instead of current City Charter procedures that include a city-wide referendum and potential veto by affected owners for most improvements? OYES CD NO 2 (b) The City Clerk is authorized and directed to prepare ballots pursuant to the requirements of Minnesota Statutes, Section 206.61. The City Clerk will provide each polling place with at least two sample ballots which are facsimiles of the card to be voted on in that precinct, in accordance with Minnesota Statutes, Section 206.62. 7. The City Council shall meet in the City Hall on November 10, 2008, at 6:30 p.m., C.T. to canvass the results of the election and to declare the results thereof. Approved by the City Council of the City of Lino Lakes this 8th day of September, 2008. John Bergeson, Mayor ATTEST: Julianne Bartell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: And the following voted against the same: Whereupon said resolution was declared passed and adopted. 3 Text of Charter Amendment Section 1. Chapter VIII, Sections 8.01 through 8.07 of the Lino Lakes Charter are repealed. Section 2. New Chapter VIII, Section 8.01 of the Lino Lakes Charter is approved to read as follows: The City may undertake public improvements financed in whole or in part with special assessments in accordance with state law. ,ino Lakes Citizens Petition to Amend the Lino Lakes Charter regarding procedures for Special Assessments All information on this petition is subject to public inspection. 'e, the undersigned registered voters of the City of Lino Lakes, petition to amend the Lino Lakes Charter regarding ocedures for special assessments. (Text of proposed Charter amendment attached) 1e purpose of this petition is to amend the City of Lino Lakes Charter by replacing Chapter VIII of the Lino Lakes barter with Minnesota Statutes Chapter 429 in its entirety which prescribes procedures for the special assessments r public improvement projects, such as the reconstruction of roads. corporating MN Statute 429 would allow the City of Lino Lakes to operate like the vast majority of municipalities the State of Minnesota by having the Lino Lakes City Council make decisions regarding the reconstruction of the ity of Lino Lake's roads, as opposed to current provisions of Chapter 8 of the City of Lino Lakes Charter, which quires a City wide referendum when construction is financed, in part, through special assessments. "I swear (or affirm) that I know the contents and purpose of this petition and that I signed this petition only once and of my own free will." tll information must be filled in by person(s) signing the petition unless disability prevents the person(s) from doing so." CITY OF LINO LAKES SUPPLEMENT TO CERTlN'1CATION PETITION TO AMEND THE LINO LAKES CHARTER REGARDING PROCEDURES FOR SPECIAL ASSESSMENTS STATE OF MINNESOTA) COUNTY OF ANOKA) SS CITY OF LINO LAKES) I, Julie Bartell, City Clerk of the City of Lino Lakes, in the County of Anoka and State of Minnesota, certify that after further examination of the petition submitted to the City of Lino Lakes and the Lino Lakes Charter Commission on August 12, 2008 by the Lino Lakes Citizens for Safer Roads requesting amendment of the city charter regarding procedures for special assessments for public improvement projects and the supplemental petition submitted by the petitioners on August 28, 2008, I have determined the following: The petition contains two sections wherein the affidavit of the circulator is dated prior to the date of some of the signatures on the attached petition. The signatures in those two sections totaling eight (8) have therefore been found invalid. The eight affected signatures are noted on the attached spreadsheet. The petition, including the supplemental pages, therefore contains 487 signatures of which 52 signatures have been found to be invalid.. Therefore, the petition has been found to have 435 valid signatures. IN WITNESS WHEREOF, I have signed and affixed the city seal on September 5, 2008. CITY OF LINO LAKES CERTIFICATION PETITION TO AMEND THE LINO LAKES CHARTER REGARDING PROCEDURES FOR SPECIAL ASSESSMENTS STATE OF MINNESOTA) COUNTY OF ANOKA) SS CITY OF LINO LAKES) Committee of Petitioners: Jack Sargeant, 1357 Hunter Ridge, Lino Lakes, MN Peter T. Brown, 6897 Black Duck Drive, Lino Lakes, MN James Stern, 6820 West Shadow Lake Drive, Lino Lakes, MN Joe Stranik, 6324 Deerwood Lane, Lino Lakes, MN Paul Tralle, 945 Evergreen Trail, Lino Lakes, MN I, Julie Bartell, City Clerk of the City of Lino Lakes, in the County of Anoka and State of Minnesota, certify that I have examined the petition submitted to the City of Lino Lakes and the Lino Lakes Charter Commission on August 12, 2008 by the Lino Lakes Citizens for Safer Roads (Committee of Petitioners noted above), requesting amendment of the city charter regarding procedures for special assessments for public improvement projects. I also certify that on August 20, 2008 (within 10 days after receipt of the petition), I delivered to petitioners a certificate explaining that the petition was insufficient because of deficiencies in certain signatures; and that I have examined a supplemental petition submitted by the petitioners on August 28, 2008 (within 10 days after the date of the certificate describing the initial insufficiencies). I have determined that the petition, as supplemented, was properly attested and was signed by a sufficient number of registered voters (being a number equal to five percent of the total votes cast at the last previous state general election in the City). The petition, including the supplemental pages, in total contains 487 signatures of which 44 signatures have been found to be invalid. Therefore, the petition has been found to have 443 valid signatures. The particulars for the signatures found to be invalid are explained on the attached spreadsheet. IN WITNESS WHEREOF, I have signed and affixed the city seal on August 29, 2008. that the petition, as supplemented, was properly attested and was signed by a sufficient number of registered voters (being a number equal to five percent of the total votes cast at the last previous state general election in the City). The petition, including the supplemental pages, in total contains 487 signatures of which 44 signatures have been found to be invalid. Therefore, the petition has been found to have 443 valid signatures. The particulars for the signatures found to be invalid are explained on the attached spreadsheet. IN WITNESS WHEREOF, I have signed and affixed the city seal on August 29, 2008. CHARTERED 470 US Bank Plaza 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-graven.com MEMORANDUM TO: Gordon Heitke, City Administrator FROM: Stephen Bubul DATE: September 4, 2008 RE: Charter Amendment Ballot Accompanying this memo is the proposed resolution calling an election and setting the ballot form, for an amendment to the City Charter as petitioned by voters. At the September 2, 2008 work session, the Council directed me to prepare the ballot in a way that identified the amendment as being initiated by petition, and also to expand on the ballot question itself. I have prepared the ballot (included within the resolution) with three options for the ballot question: Option A is the language from the prior draft reviewed on September 3, which simply states the text of the amendment. Option B describes the text, indicating that the amendment would change assessment procedures from the separate procedures under the charter to the procedures under Chapter 429. Option C is similar to Option B, except that it highlights two features of the existing charter that would change—the referendum and the veto by affected owners. My recommendation is that the ballot should include either Option A or B. The difficulty with Option C is that the ballot singles out two particular features of the existing charter without explaining any of the alternative features under Chapter 429. Also, by selecting just these features (which are admittedly significant and controversial), the Council might viewed as making a statement about what is most important, rather than letting voters investigate the entire amendment and make their own decision on that point. The alternative—providing a very detailed description of the differences between Chapter 429 and existing Chapter 8 of the Charter—is practically impossible in a ballot. The most practical option is to describe the general concept of the amendment in the ballot, and explain the amendment and the context in educational materials. Note that this is essentially what happens when a charter is adopted in the first place. In that case, the ballot question simply states: "Shall the proposed new charter be adopted?" See Minnesota Statues, Section 410.10, Subd. 3. The contents and significance of the charter must be explained in background materials made available to the public. If you have questions on this point, please contact me. 2 Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. RESOLUTION RECEIVING PROPOSED CHARTER AMENDMENT AND CALLING A SPECIAL ELECTION THEREON BE IT RESOLVED by the City Council of the City of Lino Lakes, Anoka County, Minnesota ("City") as follows: 1. The City Council hereby finds and determines that the City Council has duly received a proposed amendment to the City's Charter initiated by a petition of voters pursuant to Minnesota Statutes, Section 410.12, subdivision 1, 2 and 3, which amendment generally changes the procedures for financing of public improvements with special assessments. 2. In accordance with Minnesota Statutes, Section 410.12, subdivision 3, the City Clerk duly examined the petition within ten days after filing thereof, and after notifying petitioners of certain insufficiencies and examining a supplemental petition filed by petitioners within ten days after such notification, duly certified that the petition was properly attested and was signed by a sufficient number of registered voters (being a number equal to five percent of the total votes cast at the last previous state general election in the City). 3. As required under Minnesota Statutes, Section 410.12, subdivision 4, the proposed charter amendment will be submitted to the voters of the City at the special election to be held (as part of the general election) on Tuesday, November 4, 2008. The election will be held and conducted in accordance with the laws of the State of Minnesota relating to municipal elections and the City's home rule charter. 4. The City Clerk is directed to cause a notice of election or sample ballot, or both, in substantially the form attached hereto as Exhibit A to be posted and published as required by law and as follows: (a) The notice of election, including the complete text of the proposed charter amendment, will be published in the official newspaper of the City once a week for two successive weeks prior to the election; The notice of election and a sample ballot will be posted in the office of the City Clerk at least four days prior to the election and a sample ballot will be posted at each polling place on election day; and (c) The sample ballot will be published in the official newspaper at least one week prior to the election. (d) The City Clerk will provide written notice of the election to the Anoka County Auditor at least 53 days before the election, including the date of the election and title and language for the ballot question. (b) 1 5. The polling places, hours of election and the respective judges for the election will be those established by the City for general elections. The polls will be open from 7:00 a.m. until 8:00 p.m. 6. (a) The City Clerk is authorized and directed to prepare the ballot in substantially the following form, subject to the terms of Section 6(b) hereof: CITY QUESTION BALLOT SPECIAL ELECTION CITY OF LINO LAKES November 4, 2008 INSTRUCTIONS TO VOTERS: To vote for a question, fill in the oval next to the word "YES" for that question. To vote against a question, fill in the oval next to the word "NO" for that question. CITY QUESTION NO. 1: PROPOSED CHARTER AMENDMENT INITIATED BY VOTER PETITION Option A: Should Chapter 8 of the City of Lino Lakes charter be amended to read as follows: "The City may undertake public improvements financed in whole or in part with special assessments in accordance with state law" Option B: Should Chapter 8 of the City of Lino Lakes charter be amended to authorize the financing of public improvements with special assessments using the procedures of Minnesota Statutes, Chapter 429 instead of the separate procedures under the current City Charter. Option C. Should Chapter 8 of the City of Lino Lakes charter be amended to authorize the financing of special assessments using the procedures of Minnesota Statutes, Chapter 429 instead of current City Charter procedures that include a city-wide referendum and potential veto by affected owners for most improvements? OYES O NO (b) The City Clerk is authorized and directed to prepare ballots pursuant to the requirements of Minnesota Statutes, Section 206.61. The City Clerk will provide each polling place with at least two sample ballots which are facsimiles of the card to be voted on in that precinct, in accordance with Minnesota Statutes, Section 206.62. 7. The City Council shall meet in the City Hall on November , 2008, at p.m., C.T. to canvass the results of the election and to declare the results thereof. Approved by the City Council of the City of Lino Lakes this 8th day of September, 2008. John Bergeson, Mayor ATTEST: Julianne Bartell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: And the following voted against the same: Whereupon said resolution was declared passed and adopted. 3 Kennedy c H A R T E R E D Offices in Minneapolis Saint Paul St. Cloud 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-graven.com Affirmative Action, Equal Opportunity Employer STEPHEN J. BUBUL Attorney at Law Direct Dial (612) 337-9228 Email: sbubul@kennedy-graven.com September 8, 2008 Mayor Bergeson and Council members City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014-1182 RE: Letter from Charter Commission Attorney Dear Mayor and Council members: I received a letter dated September 5, 2008 from Karen Marty, counsel to the Lino Lakes Charter Commission. Her letter (which is attached) raised several objections to the conclusions in my letter to Gordon Heitke and Julie Bartell also dated September 5, 2008 (also attached), regarding the communication from the Charter Commission chair on September 4. In advance of the Council meeting on September 8, I thought it would helpful for you to have my responses. I will briefly describe her objections and explain why I believe they are unfounded. 1. Prior Charter Commission Submittals. The letter alleges that the Charter Commission submitted a proposed amendment to the City Council in December 2007, and submitted a second amendment in July, 2008, either of which date was in advance of the 12 -week deadline under Minnesota Statutes, Section 410.12, subdivision 1. However, both referenced proposals were indisputably submitted by the charter commission as "substitute amendments" in response to charter amendments initiated by the City Council under Minnesota Statutes, Section 410.12, subdivision 5. Under that subdivision, the City Council may accept or reject the charter commission's substitute amendments; it may submit to the people either the Council's original proposal or the Charter Commission's substitute, or it may decide to submit neither. Subdivision 5 clarifies that nothing in that subdivision "precludes the charter commission from proposing charter amendments in the manner provided by subdivision 1" (emphasis added). 339370v1 SJB LN140-86 City of Lino Lakes September 8, 2008 Page 2 of 8 Subdivision 1 of Section 410.12 is an independent method of initiating a charter amendment, under which the charter commission, rather than the City Council, initiates the process. Amendments initiated under that subdivision must be submitted to the City Council at least 12 weeks before the general election. If that deadline is met, the amendment must be submitted to the voters (with limited exceptions), and the City Council's only role is to approve the form of the ballot. However, there is no authority for the proposition that a charter commission may, after the fact, tum its responsive substitute amendment under subdivision 5 into a commission - initiated amendment under Subdivision 1. If that were possible, the council's discretion regarding its own amendment under Subdivision 5 would be meaningless, and the 12 -week submittal requirement under subdivision 1 would be easily evaded. Further, nothing in any communications from the Charter Commission regarding its prior amendments suggested that they were intended as independent proposals under Section 410.12, subdivision 1. The first time that intention was stated was in the letter from the chair on September 4, 2008. At the very least, the Charter Commission would have needed to notify the City Council by August 12, 2008 (the 12 -week deadline) that it intended to treat one of its prior amendments (and identify which one) as a charter -initiated amendment under Section 410.12, subdivision 1. Without such notice, there is simply no basis for a claim that one (or both) of the prior substitute amendments should now be treated as a Subdivision 1 submittal. Finally, the text of the proposed amendment included in the chair's letter on September 4, 2008 is not identical to the text of the December 2007 proposal (which included revisions to Section 8.07 of the Charter that are absent in the current proposal) or the July 2008 proposal (which called only for repeal of Section 8.07). It is difficult to understand how those proposals can be treated as meeting the 12 -week deadline for a different proposal submitted just days before the Council must act in order to approve ballots for the November 4 election. 2. Council approval of the amendment. The letter next argues, in effect, that the City Council has no power to "approve" the Charter Commission's amendment, as the Charter Commission itself has the power to decide whether its amendments go on the ballot. It is true that, in the case of commission -initiated amendments under Section 410.12, subdivision 1, the Council's only role is to approve the form of the ballot. However, subdivision 1 also contains a significant procedural requirement—the 12 -week submittal deadline. If the deadline is not met, the Council has no duty to approve the form of the ballot for the upcoming general election. Or, to put it another way, if the Charter Commission could force the council to approve the ballot form no matter when the amendment were submitted, the 12 -week submittal deadline would be meaningless. I think it's very clear that the council has no duty (and on these facts, no authority) to approve the ballot for an amendment submitted more than three weeks after the deadline. 339370v1 SJB LN140-86 City of Lino Lakes September 8, 2008 Page 3 of 8 3. Delegation of authority to approve the ballot. The letter's next point essentially repeats the prior point; it alleges that the Council's only role is to approve the ballot language (which is correct when an amendment is timely filed). However, the letter goes on to say that if the City Council disagrees with this position, "the Charter Commission will assume that this authority was delegated to it, as it pertains to any amendment being proposed by the Charter Commission." That is simply an assertion, without logic or legal support. As explained above, the Council retains the authority to approve the form of the ballot, but cannot be forced to approve a ballot form for an amendment that did not even approximately comply with the timeline for submittal to the Council in advance of the general election. 4. Withdrawal of amendment. The fourth point is yet another way of claiming that the Charter Commission has independent authority to submit, or withdraw, charter amendments, and the City Council's authority ends with fixing the ballot form. My responses above apply here as well. 5. Application of 12 -week deadline to petitioned amendment. Lastly, the letter claims that if the Council may not approve the ballot form for the Charter Commission's amendment because it was not timely filed, then the ballot for the petitioned amendment should also not be approved because the petition was insufficient and incomplete when the 12 -week deadline passed. However, this argument ignores the clear process laid out in the statute, requiring the City Clerk to give petitioners at least 10 days to cure any deficiencies. The sequence is as follows: a. Under Section 410.12, subdivision 1, amendments (whether initiated by the charter commission or upon petition of voters) must be submitted at least 12 weeks before the general election. b. Under Section 410.12, subdivision 3, the City Clerk must examine the petition within ten days after the petition is transmitted to the City Council. c. Under Section 410.12, subdivision 3, if the Clerk finds deficiencies, he or she must certify them to the petitioners, and allow them ten days to file a supplementary petition. Within five days after any such supplemental filing, the Clerk must certify findings regarding the petition. Nothing in the statute even hints that the Clerk's review, and the petitioner's time for cure, must occur before the 12 -week deadline for submittal of an amendment. The City Clerk does not begin to review the petition until it has been "submitted" under Section 410.12, subdivision 1. The statute could scarcely be clearer that the review process, allowing time for petitioners to cure deficiencies, occurs after the petitioned amendment has been submitted, and therefore may run beyond the 12 -week deadline (when a petition is submitted at or just before the deadline). 339370v1 SJB LN140-86 City of Lino Lakes September 8, 2008 Page 4 of 8 Finally, as I've noted in prior correspondence regarding the petition, Minnesota Courts are likely to construe statutes governing petitions in favor of petitioners, who are usually "laymen, not skilled in the technical aspects of law." Bogen v. Sheedy, 304 Minn. 62, 71, 229 N.W.2d 19, 24 (1975). The Charter Commission, by contrast, is a governmental body represented by legal counsel, and therefore presumably has less difficulty meeting statutory requirements. In my view, Minnesota courts would dismiss any claim that the petition should be rejected as untimely, and likewise would dismiss any claim that the Charter -Commission amendment --submitted three weeks late --should be accepted for ballot approval for the November 4, 2008 election. In short, none of the objections raised in Ms. Marty's letter are persuasive, and I continue to recommend that the City Council decline the request to approve the ballot form for the proposal described in the Charter Commission chair's September 4, 2008 letter. I will be at the September 8, 2008 City Council work session and regular meeting to answer any questions you may have. Very truly yours, 740, Stephen Bubul SJB c: Gordon Heitke Julie Bartell Karen Marty Attachments: Letter from Karen Marty dated September 5, 2008 Letter from Stephen Bubul to Gordon Heitke and Julie Bartell 339370v1 SJB LN140-86 City of Lino Lakes September 8, 2008 Page 5 of 8 3601 Minnesota Drive Suite -80O Bloon;angtcq MN 55+435. Telephone 952-921-5859 e-mail: Ionarty(gaix.netcam.com FaTr__ 651.294-1026_.:> `Stephen J. Bubul Kennedy&;Graven .200.5.:66 Street Suite -470 Minneapolis, MN 55402 Dear:Mr. Bi bul: i_`repreeent_filo:Luno.-Lakes_'Cht{rter.COmmission,• Your=:leiterofioday's_ date*.a the City Lino Lakes, hes been for_warded:to me. Judging from your letter, `tt appearsihatyou have missed a:ffew impout:faicts. to: First;_ the iChsrter minissi to _subinitted:ixs propOS Mendinent: tp -to the City Council for consideration in December 2007. It submitted a second amendment tnJuly 2008, and suggested that the City Council might adopt the second amendment by ordinance (which the City Council declined to do). Either -of these dates is well in advance of the 12 -week deadline referenced in your*.letter. Second. the Charter: Commission isnot requesting the City Council to approve its Charter amendment or place the proposed Charter amendment on the ballot. The Charter_. Commission itself has the power to decide whether its Charter amendments goes on the ballot, as per the first_ line of Minn. Stat. .§ 410.12, Subd. 1, and the last line ofMinn. Stat. § 410.12, Subd. 5. Third, what the Charter Commission requested in its September 4, 2008 letter, was for the City Council to fulfill its obligation. under Minn. Stat. § 410.1.2. Subd. 4, where it states "The focin o f the ballotshall be feted by the governing body. The statement of the question on -the ballot shall be sufficient 10 identify the amendment clearly and to distinguish :the question from_. every other question on the ballot at the same time." While the CCharterCommission decides whether to place its amendment onthe pilot, we read this statute to give the City Council responsibility for setting the actualballot language. lithe City Council disagrees with this interpretation, then the Charter Commission will assume that this_authority was delegated to it as it pertainsto any amendment being proposed by the Charter Commission. Fourth, the responsibility of the City Council ends with after fixing the form of the ballot. Whether the Charter Commission thereafter withdraws its ballot issue is entirety up to the Charter Commission. Just as the City Council cannot prohibit a eandidate from withdrawing 339370v1 SJB LN140-86 City of Lino Lakes September 8, 2008 Page 6 of 8 from a race alter nhallot is approved, the City CoonoilCallitot eOntrOl:Alic4cciaitnia of the.: Charter Commission. g• FLftII ind:finaIIy yon raise -A Vary interesting pulpt in yourclistuaaitit]Ortne1 2 -week - cles4line for .submission Of bellOCniointeiffer If I budotrtgantl your iiiiiitioriconetitly,;S:ohnitrer-: amendment not properly and fully subilnitteit-itietat 12 weltsbefore the election cannot berplacesictrthcballot. If thlals so, then the by worozona7,pounon natynot . be aced onam upponungjallat,--bapausort was incomplete and.insutflcienl-y.lankthe 12 -weak rteirliina pissed,: Even tliOuglilaataiaw alloWilkopatitiOnent10 days to znake an insufficient petition:inif6cient; doeinat iitiYoeiittanditheFrIZWeiek deadline. Siticer!*. - MAXY W FXRK-LLC • cc: Liao Lakes Charter Commission 339370v1 STB LN140-86 May Attorney at Law - City of Lino Lakes September 8, 2008 Page 7 of 8 Kennedy Gr en 470 U.S. BankPlaia: O&ites m 200 South Sixth Sneer Minn oils := eap 55402. Saint Paul -(012)-337-9300 cekplwne (6121337410 Era St :Cloud hup/!www kenni:tiv zieo:eom Al�auvcAcuoe,`Equal_OAp? ky:EmPlo - - September.5 2008 Gordon Ileitke, City Administrator Julie Bartell,City Clerk.: City ofLino,Lakes: : 600 Town CenterParkway ._ _ Lino Lakes, MN 550141481. Re: : Charter .Coi'nniission Proposal Dear Gordon and:Julie: S`iEPI Burirk..= _ = Attorney at;Fa,J Diiec=pial(632) 331-9228 Emait: sbubul@kennedy-graven:rmm :: You report that -you received a °eommnunication ori_:-epteinber .4,'2008 from the chair of the lino Lakes Charter Commission, requesting the Council to approve ballot language for a charter amendment that the:. Charter Commission intends to approve at a meeting on September 10, 2008: You asked me to advise how the Council should respond to this request. In my view, the Council has no authority to place the proposed charter amendment on the ballot for the November 4, 2008 election. The : chairperson's letter acknowledges that the amendment is initiated by the Charter. Commission under Minnesota Statutes, Section 410.1.2, Subd. 1. That statute provides as follows: "Proposed charter amendments must be submitted at least 12 weeks before -the general election." The deadline for submission of amendments. under this subdivision waa Tuesday, August 12. Therefore, the proposed amendment was not timely submitted to the City Council: Further, as of the date of the City Council meeting on -September .8, the Charter Commission will not have approved the amendment (according to the chair's letter). This means that the:. Charter Commission has not actually "proposed" a charter amendment—the chair has simply provided advance notice of an amendment that the commission intends to consider. May the Council approve a ballot fonn (as it is required to do: under Minnesota Statutes, Section 410.12, subd. 4) in advance of receiving a formal proposal from the Charter Commission? I don't have a confident answer without further research,. but the question is moot even if such action were proper, the submittal would not be timely for the reason described above. I also observe that the amendment may not, alternatively, be construed as the Charter Commission's -response to the charter amendment that was initiated by the City Council on March 24, 2008 under Minnesota Statutes, Section 410.12, subd. 5. As required under that provision, the Council submitted a proposed amendment to the Charter Commission, which had 60 days for review and -comment plus an additional 90 days upon the Charter Commission's request. The Charter Commission requested 339370v1 SJB LN1 40-86 City of Lino Lakes September 8, 2008 Page 8 of 8 City of Lino Lakes September 5, 2008 Page 2of2 the additional 90 days, then' responded by letter dated July -=1=8, 2008 rejectingxhe Council's proposed amendment and recommending than the Council repeal lection 8.07 .of e City Charter under ..Minnesota Statutes, Section 410.12, subdivision 7 =That response letter was itiParentlY.Tintinded as the Charter Commission's response to the Council= initiated amendment under Minnesota Statutes Section 410.12, subdivision 5; While one might argue. that the Charter Comnnssion could changeits mind bysul mitting_a substitute amendment, any such action would nevertheless need to occur within the_ 90 -day extended :review period. That period expired on -August -2k2008 2008 (90 days -after -delivery of the proposedordinance to the Charter Commission on_ March: 25, 2008.). Therefore, even if a: proposal approved by the Charier. Commission- on September 10 were .treated=:as a: "substitute . amendment"-under'Minnesot-Statutes, Section 410`1.2 :subdivision:. 5,.the" submittal would not be..: :timely... In any event, the chair's letter. indicates the intenl to treat the proposal as a new amendment initiated by the Charter Commission under Section 410.12, - subdivision 1. A final :question is whether the Council could_ voluntarily puri the proposed amendment on>.the:_ballot despite ,the fact it was submitted by the Charter Commission approximately -three weeks ager the statutory deadline. I believe the answer: is no. Suchaction would. essentially leMstitute waiver of the: 12 week requirement under=Section 410 12, subdivisionuncertainty. about ;the =Council's ability: ton waive- this: requirement generally, where -(as here) petitioners and the Charter Commission both submit amendments subject. to the same 12 -week deadline, waiver of the commission's deadline might prejudice petitioners (who did meet the deadline but might;now-face a competing amendment). Assuch, the Council nightbe exposed to claims of arbitrariness or unequal treatment. While there is a theoretical argument that -the Council could instead initiate anew amendment under Section 410.12, subd. 5, using the Charter Commission's new proposal, the time frames for that process are virtually impossible -to meet given: the need to submit a`final.ballot to the county: auditor. on. Thursday, September 11. Keep in mind that the Council would need to approve a "two alternative - amendments" ballot, raising questions and concerns similar to those considered by the Council at its: - September 2 work session.. In sum, my recommendation is that the Council decline the request to approve the ballot language proposed by the Charter Commission chair, for the reasons described above. If youorCouncil members have further questions on this matter, please let me know. Veryy truly yours, Stephen J. Bubul SJB 339370v1 SJB LN140-86 Member oDonnell introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08-98 RESOLUTION RECEIVING PROPOSED CHARTER AMENDMENT AND CALLING A SPECIAL ELECTION THEREON BE IT RESOLVED by the City Council of the City of Lino Lakes, Anoka County, Minnesota ("City") as follows: 1. The City Council hereby finds and determines that the City Council has duly received a proposed amendment to the City's Charter initiated by a petition of voters pursuant to Minnesota Statutes, Section 410.12, subdivision 1, 2 and 3, which amendment generally changes the procedures for financing of public improvements with special assessments. 2. In accordance with Minnesota Statutes, Section 410.12, subdivision 3, the City Clerk duly examined the petition within ten days after filing thereof, and after notifying petitioners of certain insufficiencies and examining a supplemental petition filed by petitioners within ten days after such notification, duly certified that the petition was properly attested and was signed by a sufficient number of registered voters (being a number equal to five percent of the total votes cast at the last previous state general election in the City). 3. As required under Minnesota Statutes, Section 410.12, subdivision 4, the proposed charter amendment will be submitted to the voters of the City at the special election to be held (as part of the general election) on Tuesday, November 4, 2008. The election will be held and conducted in accordance with the laws of the State of Minnesota relating to municipal elections and the City's home rule charter. 4. The City Clerk is directed to cause a notice of election or sample ballot, or both, in substantially the form attached hereto as Exhibit A to be posted and published as required by law and as follows: (a) The notice of election, including the complete text of the proposed charter amendment, will be published in the official newspaper of the City once a week for two successive weeks prior to the election; The notice of election and a sample ballot will be posted in the office of the City Clerk at least four days prior to the election and a sample ballot will be posted at each polling place on election day; and (c) The sample ballot will be published in the official newspaper at least one week prior to the election. (d) The City Clerk will provide written notice of the election to the Anoka County Auditor at least 53 days before the election, including the date of the election and title and language for the ballot question. (b) 1 5. The polling places, hours of election and the respective judges for the election will be those established by the City for general elections. The polls will be open from 7:00 a.m. until 8:00 p.m. 6. (a) The City Clerk is authorized and directed to prepare the ballot in substantially the following form, subject to the terms of Section 6(b) hereof: CITY QUESTION BALLOT SPECIAL ELECTION CITY OF LINO LAKES November 4, 2008 INSTRUCTIONS TO VOTERS: To vote for a question, fill in the oval next to the word "YES" for that question. To vote against a question, fill in the oval next to the word "NO" for that question. (b) CITY QUESTION NO. 1: PROPOSED CHARTER AMENDMENT INITIATED BY VOTER PETITION Should Chapter 8 of the City of Lino Lakes charter be amended to authorize the financing of public improvements with special assessments using the procedures of Minnesota Statutes, Chapter 429 instead of current City Charter procedures that include a city-wide referendum for most improvements? CD YES O NO The City Clerk is authorized and directed to prepare ballots pursuant to the requirements of Minnesota Statutes, Section 206.61. The City Clerk will provide each polling place with at least two sample ballots which are facsimiles of the card to be voted on in that precinct, in accordance with Minnesota Statutes, Section 206.62. 7. The City Council shall meet in the City Hall on November 10, 2008, at 6:30 p.m., C.T. to canvass the results of the election and to declare the results thereof. Approved by the City Council of the City of Lino- kes this 8th day of September, 2008. Jglin Bergeson, Mayor ATTE T: Xis e Bartell, Cityleek 2 The motion for the adoption of the foregoing resolution was duly seconded by member Stoltz and upon vote being taken thereon, the following voted in favor thereof: O'Donnell, Stoltz, Reinert, Gallup, Bergeson And the following voted against the same: none Whereupon said resolution was declared passed and adopted. 3 Charter Commission July 17, 2008 Page 5 DRAFT 174 Commissioner Lyden suggested including information on the City's website and/or on public 175 television. 176 177 It was the consensus of the Charter Commission that the first priority for the communication plan 178 subcommittee is to prepare a cover letter to the City Council and to submit an article for the City 179 newsletter. 180 181 MOTION by Commissioner Bretoi, seconded by Commissioner Minar, to empower the 182 communication plan subcommittee to submit a communication 011 behalf of the entire Charter 183 Commission without having to come back to the entire body for approval. Motion carried 184 unanimously. 185 186 D. Statement of detailed expenses incurred up to July 2008 and Charter Budget 187 Balance 188 189 Chair Duffy presented the statement of detailed expenses through June 2008 and noted a balance 190 of $3,422.46. She added there will be some additional expenses incurred for TimeSaver Off Site 191 Secretarial and Marty Law Firm, resulting in a remaining balance of approximately $3,000. 192 193 Commissioner Dahl stated the Charter Commission will need to give consideration to its budget ^194 request for 2009. 195 196 NEW BUSINESS 197 198 Chair Duffy presented the July 16, 2008 email from City Administrator Heitke inviting her to 199 provide an update at the August 4, 2008 City Council work session regarding the Charter 200 Commission's review of the Citizen's Task Force/Council-initiated amendment. 201 202 Commissioner Drennen suggested that Chair Duffy attend the August 4, 2008 City Council work 203 session and respectfully decline to offer any information whatsoever. 204 205 A. Next meeting date to be decided 206 207 It was the consensus of the Charter Commission to meet on Monday, September 15, 2008, at 208 6:30 p.m. The next regular meeting of the Charter Commission is scheduled for October 9, 2008. 209 210 B. Set next meeting agenda 211 212 It was the consensus of the Charter Commission that the September 15, 2008 meeting agenda 213 will include discussion of the communication plan and ballot question language. 214 5 Page 1 of 1 Julie Bartell From: CDah122231@aol.com ent: Thursday, September 11, 2008 10:03 AM To: Julie Bartell Subject: Meeting Hi Julie, Last night we accepted Cori Duffy's resignation. I am now Pro Tem Chair. Caroline Psssst...Have you heard the news? There's a new fashion blog, plus the latest fall trends and hair styles at StyleList.com. 9/11/2008 Memorandum To: Caroline Dahl From: Gordon Heitke and Al Rolek Date: September 18, 2008 Re: Charter Commission information request Cc: Charter Commissioners Per your email request of September 11, 2008, the final expenses paid to date for the City Council's Charter Task Force process is $16,957, which includes the costs for legal fees, professional services and consulting staff services, publication costs and miscellaneous expense. There are no outstanding or in process bills. In terms of future expenditures connected with this process, none are planned at this time. I hope that this information answers your questions. If you have further questions please feel free to contact us.