HomeMy WebLinkAbout10-14-2010 Charter PacketLINO LAKES CHARTER COMMISSION
QUARTERLY MEETING
AGENDA
6:30 PM
Thursday, October 14, 2010
1. Call to Order and Roll Call
2. Pledge of Allegiance
3. Setting the Agenda: Addition or Deletion of agenda items
4. Open Mike / Public Comment
5. Minutes: Informational
Council Joint Meeting
Charter Minutes Part after Joint meeting
6. Old Business
6:30 PM
A. Robert's Rules of Order 6:35 PM
a. Call the Question (clarification)
B. Possible Charter Amendments 6:45 PM
a. Tax Cap
b. Charter Communication t- dr Air
c. Adding Section 1.04, and changes to Sections 3.09, 5.01 & 5.07
C. Code of Conduct and Conflict of Interest 7:45 PM
a. Amendment by Ordinance
D. Budget 8:15 PM
A. City Needs to Pay Bill in Arrears
a. Karen Marty, Charter Attorney
i. 1,500.00 Bill in Arrears to defend and protect the Charter
Initiated by City Audit
ii. Memo from city attorney on paying K. Marty's Bill from City Audit
iii. Budget line items and procedures (completed)
E. Discussion of Joint Meeting 8:40 PM
A. Discussion of council request to change Chapter 8
a. Discussion on possible 2nd joint meeting with council
i. Discussion on possible joint subcommittee or task force
on road reconstruction, changing or amending Chapter 8
requested by council
7. New Business
A. Memo from City Council on odd year elections
B. Next meeting date, Thursday, January 14, 2011
Adjournment
✓Caroline Dahl Christopher Lyden
Chair Vice Chair
9:20 PM
Kelly Gunderson
Secretary
JT CITY COUNCIL/CHARTER COMMISSION MEETING July 8, 2010
APPROVED
1 CITY OF LINO LAKES
2 MINUTES
3 SPECIAL JOINT MEETING
4 WITH THE LINO LAKES CHARTER COMMISSION
5
6 DATE : July 8, 2010
7 TIME STARTED : 6:40 p.m.
8 TIME ENDED : 9:58 p.m.
9 MEMBERS PRESENT : Council Members Rafferty, Gallup,
10 O'Donnell, Roeser and Mayor Reinert
11 MEMBERS ABSENT : none
12 CHARTER COMMISSION
13 MEMBERS PRESENT : Commissioners Carlson, Dahl, Drennen., r�r�
14 Gunderson, Lyden, Minar, Penn, Storberg,
15 Trehus, Turcotte, Williams
16 CHARTER COMMISSION
17 MEMBERS ABSENT : Commissioners Aldentaler, Bretoi,
18 Sutherland and Zastrow (all excused)
19
20 Staff members present: Acting City Administrator Dan Tesch; Community Development
21 Director Michael Grochala
22
23 The joint meeting of the Lino Lakes City Council and Charter Commission was called to
\..-- 24 order and roll call was taken and the Pledge of Allegiance was recited.
25
26 There was no public comment offered during the open mike period.
27
28 Charter Commission Chair Dahl first noted that she would like for the meeting to remain
29 respectful at all times.
30
31 Charter Agenda for Joint Meeting with City Council.
32
33 Old Business
34
35 A. Charter Budget.
36
37 Chair Dahl distributed information (state statute information on charter commission
38 budgets). She noted that the Charter Commission has in the past asked for more funds in
39 their budget to work on charter amendments. The answer that the Commission received
40 was that the council is not allowed to exceed the $1,500 budget allowed by state statute.
41 The statute does state, however, that the council may authorize additional expenses as it
42 deems necessary. Chair Dahl noted that the Commission received an estimate from their
43 attorney of $5,000 to work on three charter amendments and they did submit that to the
44 council
45
JT CITY COUNCIL/CHARTER COMMISSION MEETING July 8, 2010
APPROVED
46 Mayor Reinert explained that the council understands their ability to authorize additional
47 funds to the commission but historically the desire has been to lay out a procedure to look
48 at those situations when the Commission requests additional funds. This is a good
49 opportunity to discuss, between the two groups, such a procedure or the commission
50 could submit a proposal for a procedure to the council for consideration.
51
52 Commissioner Lyden noted the historical budget information before the group that
53 indicates the regular need for more than $1,500 per year. He suggests that $6,000 to
54 $8,000 per year would allow the commission to function as it should.
55
56 Council Member Roeser suggested that the council considers the city budget on a line
57 item basis with the bottom line impacting the tax rate/levy. To be consistent, he'd like to
58 see the charter budget presented in that line item fashion.
59
60 Council Member Rafferty said the council must be stewards of the city budget and
61 especially conscientious during these current difficult economic times so he is watching
62 individual budgets, including the council, police department and charter commission very
63 carefully. Establishing a procedure to consider needs seems appropriate.
64
65 Commissioner Drennen said he finds it entirely reasonable to ask the commission to put
66 together a line item budget and the idea of an established procedure for budget requests
67 seems appropriate also.
68
69 Commissioner Carlson remarked that historically also there was substantial funding spent
70 by the council to audit the commission and there was a need for the commission to get
71 their own legal advice in that area. Any procedure for funding would have to recognize
72 that type of circumstance.
73
74 Commissioner Trehus noted that the audit was done by a charter -busting attorney so he
75 questions the motive. Back to the charter budget, historically the commission has
76 received in the area of $5,000 per year regularly and many times money was returned to
77 the general fund. The commission provides a vital check and balance approach to city
78 government and should receive adequate city funding.
79
80 Commissioner Storberg suggested that an annual budget figure be established but that the
81 commission be allowed to roll that over for times when there is more work.
82
83 Council Member O'Donnell suggested that the council is about to enter the 2011 budget
84 cycle and they would welcome communication from the commission about their 2011
85 needs and it would be helpful to see it on a line item basis.
86
87 Chair Dahl noted that there is currently a "lock" on the 2010 charter budget so that they
88 are not allowed to expend any funds. Neither council members nor the acting city
89 administrator were aware of the situation. Chair Dahl will review the minutes to confirm.
90
2
JT CITY COUNCIL/CHARTER COMMISSION MEETING July 8, 2010
APPROVED
91 Commissioner Drennen noted there are some old concerns that have come up and that's
92 to be expected but he for one is interested in keeping the conversation going and
93 continuing to have joint meetings.
94
95 The group agreed that the time frame for submitting a proposed budget should be within
96 the budget discussion cycle — early in August would be appropriate.
97
98 B. Unpaid bill from Attorney Marty.
99
100 Commissioner Gunderson explained the current status of the commission's account with
101 their attorney, Karen Marty, is that most of the outstanding balance is owed in
102 conjunction with the commission's response to the city's audit and that when the
103 commission was asked to spend no more money (August of 2009) there were no
104 additional expenses incurred. The charges on the bill were at one time separated
105 according to what was for framing and amending and that portion was paid at the end of
106 2009 and the remaining balance is $1,463.05. The commission is looking for a resolution
107 on this bill; the attorney did put in the work and she would have the option of coming to
108 the city for payment. She believes that the statute allows the city to pay if the council
109 deems it necessary.
110
111 Mayor Reinert recalled that the council has paid some of the Marty bills and he was
112 supportive of paying the bills so that the council and the commission could move to
113 working together. The city attorney has since opined, however, that it is illegal for the
`--- 114 council to pay this bill.
115
116 Commissioner Carlson suggested that it would be helpful to see some legal precedence
117 on that opinion.
118
119 Mayor Reinert agreed to have the attorney look at the question again and provide some
120 legal precedent.
121
122 Chair Dahl pointed out that the commission will have difficulty moving ahead until this
123 bill is paid and would appreciate a legal review and another opinion.
124
125 C. Code of Conduct/Conflict of Interest
126
127 Commissioner Gunderson explained that the commission at one time decided to review
128 the code of conduct language in the city code especially in light of their desire to have a
129 code for the commission. In reviewing the language, they could see it needs some
130 revision and have drafted some language; they'd like additionally to get input from the
131 council. The draft was compiled using codes from other cities.
132
133 Mayor Reinert noted that the passing of laws, policies, and ordinances are generally
134 approached to solve a problem or to pave the way to improvement. There is a code of
JT CITY COUNCIL/CHARTER COMMISSION MEETING July 8, 2010
APPROVED
135 conduct in the code and as well a council produced code from 2006 and he doesn't see an
136 issue with what's in place or issues in the area of conduct.
137
138 Commissioner Dahl explained that there didn't seem to be any language on conflict of
139 interest and as well they have found in doing research that some codes seem to cover
140 better the boards and commissions.
141
142 Commissioner Drennen noted that the language doesn't include the words "conflict of
143 interest" or deal with gifts and favors. That isn't seen as strong enough.
144
145 Mayor Reinert suggested that if the language isn't complete, then perhaps an update is
146 possible.
147
148 Council Member O'Donnell suggested that bringing the codes of conduct together is a
149 fine idea but in the interest of maintaining the original intent of the code that the council
150 adopted which was to focus on how the council interacts within its body and with staff
151 and he wouldn't want to see that intent lost with any revisions.
152
153 Commissioner Lyden remarked that a change in the enforcement process may be
154 warranted; the body policing itself doesn't always work well.
155
156 D. Tax Cap Amendment — Commissioner Trehus noted the information provided in the
157 packet that indicates that the increases in the city levy have outgrown the population
158 increases. A number of cities in the region have enacted measures to cap tax increases.
159 Lino Lakes is a little different in that there is no budgeting for road improvements and so
160 he has added an estimated cost for those improvements into his figures. He feels the cap
161 is a strong need with the pending end of the state levy limits. When looking at the
162 adopted levy for 2008-2010, Mr. Trehus complimented last year's council for decreasing
163 the 2010 levy.
164
165 Council Member Rafferty distributed a recent Letter to the Editor written by
166 Commissioner Trehus on the subject of the tax levy. He asked to use the letter as grounds
167 for gaining more information and he has noted that on the back of the handout. He has
168 spoken with staff for additional information on some of the elements — population, city
169 budget ten years back, comparison of dollars and cents over the years, and particular
170 impacts on the budget over those years. It's important to take a historical view of the
171 information with clarity on what the budget has had to support over the period in
172 question.
173
174 Mayor Reinert noted that tax caps can look like a great idea on the surface but can
175 sometimes end up choking a city. For instance a cap could prevent an investment in
176 maintaining roads that pays off big in the long run. He identifies himself as a fiscal
177 conservative and understands a tax cap can look like a great idea but the whole picture is
178 important. The electorate can remove officials who are not taxing appropriately. He
179 doesn't see a problem to solve with tax cap right now.
4
JT CITY COUNCIL/CHARTER COMMISSION MEETING July 8, 2010
APPROVED
180
181 Commissioner Minar noted that he has seen city employee salary information that
182 indicates there is a problem; the salaries are too high and there are people who would do
183 the jobs for less. Public employees should not be making more than their private sector
184 counterparts. Regarding road maintenance, it can be funded properly within a reasonably
185 reduced budget.
186
187 Council Member O'Donnell suggested that staff could be hired at a lower salary but the
188 full picture includes consideration of what staff brings to the city, i.e. the city's high bond
189 rating saves the city lots of money. Regarding the subject at hand, a tax levy, he doesn't
190 have a problem seeing it considered if that is a goal of the commission and it is best for
191 the citizens.
192
193 Commissioner Gunderson suggested that the commission's goal isn't necessarily to go
194 out with a referendum on the question. The goal is to make sure there's a cap when the
195 state's levy limit requirement expires to protect the taxpayers of the city.
196
197 There was discussion between the council and commissioners about the city's obligations
198 related to the Legacy at Woods Edge area and the possibility of an impact on city taxes.
199
200 Chair Dahl thanked the council for input on this item indicated that the commission will
201 keep the matter (tax cap) on their agenda.
202
`-� 203 New Business
204
205 A. Road Improvements — How do we get there? (Council initiated agenda item)
206 1 a. Joint Subcommittee (Council initiated agenda item)
207
208 Mayor Reinert asked if the commission feels that there is a problem with current process
209 for reconstructing roads. He noted that there has been one road reconstructed in the last
210 twenty years but information would seem to indicate that while it's not an emergency,
211 more work is needed. There have been failed referendums. He is interested in hearing
212 the commission's viewpoint and any suggestions.
213
214 Commissioner Turcotte noted that he has reviewed the city's Pavement Management Plan
215 and would like an explanation of the city's maintenance program. Community
216 Development Director Grochala explained the city's current program of sealcoating and
217 overlay, noting that there are streets in the city that are past the point where either of those
218 processes would be helpful.
219
220 Council Member O'Donnell noted that it is good that the city has a pavement
221 management plan but bad that it hasn't been fully funded (although full funding is in
222 place again recently). In regard to the work that was done in the past (by the citizens task
223 force) to address the matter of reconstructing the city's roads, he'd like to leverage that
JT CITY COUNCIL/CHARTER COMMISSION MEETING July 8, 2010
APPROVED
224 work because it was beginning to bring the council and the commission together toward a
225 solution. Can that language be explored again?
226
227 Commissioner Drennen noted that he feels the crux of the issue is how does the city get
228 to the issue of citizens paying for streets that don't benefit them because that seems like
229 taxation without representation.
230
231 Commissioner Trehus added that it isn't accurate to always refer to the projects as "road
232 reconstruction" because in many cases the proposed projects include other improvements.
233 He is also concerned that the lack of sewer and water utilities can affect a roadway's
234 rating in the pavement management plan.
235
236 Mayor Reinert asked for input on the idea of forming a subcommittee to work on a
237 proposal, including using the work that has already been done on the subject.
238
239 Commissioner Lyden suggested that the solution could be to fund necessary road
240 reconstruction by making city budget cuts.
241
242 Mayor Reinert suggested that he is confident there is a better way to do things and he
243 thinks a subcommittee is a good way to look for that information.
244
245 Council Member Roeser noted that he is very committed to reducing the cost of
246 government and to keeping taxes down. There needs to be a way to handle road work and
247 the concept of bringing people together, using the information already on the table, seems
248 appropriate to him.
249
250 Commissioner Gunderson pointed out that in discussing the history of the matter it should
251 be noted that the only road project to go to referendum is somewhat unique (not a
252 thoroughfare, water and sewer) and considering that should be part of the equation. The
253 Mayor suggested that most of the roads in town fit that description however.
254
255 Commissioner Carlson remarked that history is speaking loudly in the area of what the
256 citizens want. The commission already gave the council a good proposal that was
257 rejected.
258
259 Commissioner Drennen said he feels it is appropriate to look forward on the matter and
260 he hopes that the commission will be discussing if and who for a subcommittee at their
261 regular meeting.
262
263 Chair Dahl remarked that the discussion shouldn't be about whether or not the charter
264 works because it does. She doesn't support a subcommittee at this time because some
265 charter members are absent, the concept wasn't commission initiated, and the idea needs
266 to be fully discussed. The charter commission is doing other good work for the citizens
267 in the meantime.
268
6
JT CITY COUNCIL/CHARTER COMMISSION MEETING July 8, 2010
APPROVED
269 The Mayor concluded that it doesn't appear as if the commission feels there is a problem
270 to be solved so that answers his initial question.
271
272 Commissioner Drennen suggested that he feels that the commission's message is that
273 they are open to the idea of a subcommittee and would like to discuss it further.
274
275 Commissioner Minar moved to thank the three council members who attended. The
276 motion was seconded by several commission members. The motion was adopted by the
277 commission.
278
279 A motion by Commissioner Minar, seconded by Mayor Reinert, to adjourn at 9:58 p.m.
280 was approved.
281
282 The charter commission continued with their meeting.
283
284 These minutes were considered, corrected and approved at the regular Council meeting held on
285 September 13, 2010.
286
287 The draft minutes were also presented by the City Clerk to the Charter Commission for
288 their future consideration.
289
290
291
292 Julianne Bartell, City Clerk Jeff Reinert, Mayor
7
Charter Commission
July 8, 2010
Page 1
1
2
3
4
5
6
7 DATE
8 TIME STARTED
9 TIME ENDED
10 MEMBERS PRESENT
11
12 MEMBERS EXCUSED
13
14 MEMBERS UNEXCUSED
15 STAFF MEMBERS PRESENT
16 OTHERS PRESENT:
17
18
19
20
21
"^ 22
23 OPEN MIKE
24 No one was present for open mike.
25
26 APPROVAL OF MINUTES
FINAL DRAFT
CITY OF LINO LAKES
CHARTER COMMISSION
July 8, 2010
10:02 P.M.
10:45 P.M.
Dahl, Lyden, Gunderson, Carlson, Drennen, Minar
Penn, Storberg, Trehus, Turcotte, Williams
Aldentaler, Bretoi, Sutherland, Zastrow
None
None
Bob Bening (part); Nicholas Backus (Quad Press — part)
CALL TO ORDER AND ROLL CALL
Chair Dahl reconvened the meeting of the Lino Lakes Charter Commission 10:02 pm on July 8,
2010.
27
28 MOTION by Commissioner Minar, seconded by Commissioner Williams, to approve the
29 minutes for January 14, 2010 and June 3, 2010. Motion passes unanimously.
30
31
32 NEW BUSINESS
33
34 A. Possible 2" joint meeting with City Council
35
36 Commissioner Turcotte stated he believes that forming a subcommittee with the council would
37 be reducing voting power of the Commission.
38
39 Chair Dahl stated she is not in favor of voting on a joint committee because there are three
40 commissioners absent from the meeting and it would not be fair to vote without their input.
41
42 Commissioner Drennen stated there is already a proposal from the Commission available to work
43 off for a subcommittee. Second, if 4 Commissioners are on a Subcommittee, they still would
44 need to bring back to the entirety of the Commission any work done in the Subcommittee.
45
1
Charter Commission
July 8, 2010
Page 2
�--. 46 Commissioner Gunderson states the agenda item is for a possible 2nd joint meeting. She then
47 asked if the Commission would like to amend the agenda to discuss the formation of a joint
48 commission -council subcommittee and then discuss inviting the council back for a 2nd joint
49 meeting.
50
51 Chair Dahl suggested the agenda item be tabled to the October meeting due to the absence of the
52 commissioners.
53
54 MOTION by Commissioner Gunderson, seconded by Carlson, to table agenda item 3A, Possible
55 2nd Joint meeting with Council to the October meeting. Motion passes with Commissioner
56 Lyden abstaining.
57
58 MOTION by Commissioner Gunderson, seconded by Commissioner Minar, to add agenda item
59 3B to discuss forming a subcommittee with the City Council on addressing the issue of road
60 reconstruction.
61
62 Commissioner Penn is against the motion because of the absence of 3 Commissioners and of the
63 late hour of the meeting.
64
65 Commissioner Gunderson clarifies her motion is for discussion purposes only. The Commission
66 could then discuss adding the issue to the October meeting agenda or plan a special meeting
67 before October to discuss a subcommittee.
68
69 Commissioner Penn calls the question.
70
71 Motion fails with Commissioners Drennen, Turcotte, Minar, Gunderson voting yes.
72 Commissioners Storberg, Williams, Carlson, Penn, Dahl, Lyden, Trehus voting no.
73
74 MOTION by Commissioner Trehus, seconded by Penn, to discuss the request line item budget
75 and procedure to request additional funds above budget for the commission.
76
77 Commissioner Carlson states that the meeting agenda doesn't contain approval of the agenda.
78 Chair Dahl admits the omission due to the meeting with the council changed the format and will
79 note for future meetings.
80
81 Motion passes with Commissioners Storberg and Carlson voting no.
82
83 Commissioner Penn asks if a subcommittee is needed.
84
85 Commissioner Drennen states the commission would use past years budgets of the commission
86 and create line items of frame and amend, attorney fees, etc.
87
88 Commissioner Penn asked if we should do anything different than in the past. Commissioner
89 Drennen stated the past procedure was that the Commission made the budget request for the year
90 as one number and the Council gave the money to the commission. Now the Commission would
2
Charter Commission
July 8, 2010
Page 3
91 need to forecast a budget with detailed line items for attorney fees, secretarial services, office
92 supplies, printing, advertisments, etc.
93
94 Commissioner Drennen also stated that we need to come up with a procedure for asking for
95 additional funds if needed in the throughout the year.
96
97 MOTION by Commissioner Lyden, seconded by Commissioner Gunderson, to form a
98 subcommittee to create the line item requests and procedure to request additional funds above
99 budget, chaired by Commissioner Drennen, to include Chair Dahl and Commissioners
100 Gunderson and Penn. Motion passes unanimously.
101
102 B. Housekeeping items
103
104 Chair Dahl states that in years past, a plaque would be made to thank an outgoing commissioners
105 for their service. Chair Dahl would like to clarify that plaques be giving to commissioners after
106 they complete at least 4 years of service. Commissioner Carlson agrees with Chair Dahl's
107 proposal.
108
109 Commissioner Storberg states she is impressed by the commissioners of their professional work
110 on the commission.
111
'-s112 MOTION by Chair Dahl, seconded by Commissioner Penn, to change Article 1 of the bylaws to
113 change the name of the commission to state "Lino Lakes Charter Commission." Motion passes
114 with Commissioner Minar voting no.
115
116
117 ADJOURN
118 MOTION by Commissioner Storberg, seconded by Commissioner Minar, to adjourn the meeting
119 at 10:45pm. Motion carried unanimously.
120
121
122
123 Respectfully Submitted,
124
125 Kelly Gunderson
126 Secretary
46 RULES OF ORDER [§ IO
adjournment or recess, or a question of privi-
lege or a specified order that was made before
it was, then the proper course is to move "that
the question be made a special order for," etc.,
specifying the day or hour. As this motion,
if adopted, suspends all rules that interfere
with the consideration of the question at the
appointed time, it requires a two-thirds vote
for its adoption. A special order cannot be
considered before the appointed time except
by suspending the rules, which requires a two-
thirds vote. (c) If, however, it is desired to
lay the question aside temporarily with the
right to take it up at any moment when busi-
ness of this class, or unfinished or new busi-
ness, is in order and no other question is be-
fore the assembly, the proper motion to use is
to lay the question on the table. When laid
upon the table a majority vote may take it up
at the same or the next session, as described
'n 35.
(3) To Suppress Debate. (a) If it is de-
sired to close debate now and bring the as-
sembly at once to a vote on the pending
question, or questions, the proper course is to
move, or demand, or call for, the previous
question on the motions upon which it is de-
sired to close debate. The motion, or demand,
for the previous question should always spec-
ify the motions upon which it is desired to
order the previous question. If no motions
dunire specified, the previous question applies only
I01 PROPER MOTIONS TO tISE
47
to the immediately pending question. It re-
quires a two-thirds vote for its adoption.
After it has been adopted, privileged and inci-
dental motions may be made, or the pending
questions may be laid on the table, but no
other subsidiary motion can be made nor is
any debate allowed. If it is lost the debate is
resumed. (b) If it . is desired to limit the
number or length of speeches, or the time
allowed for debate, the proper course is to
move that the speeches or debate be limited
as desired, or that the debate be closed and
the vote be taken at a specified time. These
motions to limit or close debate require a two-
thirds vote for their adoption, and are in order,
like the previous question, when any debatable
question is immediately pending.
(4) To Suppress the Question. A legiti-
mate question cannot be suppressed in a de-
liberative assembly without free debate, except
by a two-thirds vote. If two-thirds of the
assembly are opposed to the consideration of
the question then it can be suppressed by the
following methods : (a) If it is desired to
prevent any consideration of the question, the
proper course to pursue is to object to its
consideration before it has been discussed or
any other motion stated, and, therefore, it
may interrupt a member who has the floor
before the debate has begun. It requires no
second. On the question of consideration
there must be a two-thirds negative vote to
LEAGUE OF
MINNESOTA
CITIES
CONNECTING & INNOVATING
SINCE 1913
How to estimate your 2011 levy limit
Updated 7/27/2010
• Again for 2011 levy limits will only be in effect for cities over 2,500 population. Under current
law, levy limits expire after 2011.
• The language on levy limits is contained in Chapter 275 of Minnesota statutes.
• Slight changes to the levy limit law were made during the 2010 session: HF3729 and Chapter 215.
• The final inflationary increase percentage for 2011 levy limits is 1.6784%.
• The Dept. of Revenue will be certifying levy limits by Sept. 1, 2010. Cities must indicate to the
Dept. using the PT280 form which special levies they are intending to use by Sept. 30, 2010.
Step 1: Start with your city's adiusted levy limit base for pav 2010 (note that starting with the adjusted
levy limit from last year means that any unused levy authority is retained going forward for your
city). You can arrive at this figure by adding your maximum allowable levy (the limited piece)
for payable 2010 to your certified 2010 LGA, 2010 taconite aid (if applicable), 2010 wind energy
production tax (if applicable) and your 2010 utility valuation transition aid (if applicable). This
is your city's levy limit base.
Step 2: Multiply your levy limit base by 1.6784% (the levy limit law says the inflationary increase is the
lesser of 3.9% OR the change in the implicit price deflator (IPD) for local governments). The
2010 legislature clarified that the change cannot be less than zero percent.
Step 3: Multiply the result of Step 2 by 1 plus one-half of the percentage increase, if any, in the number
of households in your city over the last year.
Step 4: Multiply the result of Step 3 by 1 plus one-half of the percentage increase in the total taxable
market value for all kinds of property as a result of new construction of just commercial and
industrial (CI) property. (This adjustment only applies, in other words, if your total taxable
market value increased AND you had new CI construction). The result is your adjusted levy
limit base for pav 2011.
Step 5: From your adiusted levy limit base for 2011, subtract your 2011 certified LGA (if applicable),
your 2011 taconite aid (if applicable), your 2011 wind energy production tax
(if applicable), and your 2011 utility valuation transition aid (if applicable). The 2010 Legislature
confirmed and clarified that certified aid amounts are to be used in the calculation. At this point,
2011 LGA amounts are estimates only (see spreadsheet on LMC website). Certified aid amounts
for 2011 will be announced by DOR by the end of July 2010.
The result is your 2011 levy limit. See the following pages for detailed information on special levies for
pay 2011.
145 UNIVERSITY AVE. WEST PHONE: (651) 281-1200 FAH: (651) 281-1299
ST. PAUL, MN 55103-2044 TOLL FREE: (800) 925-1122 WEB: WWW.LMC.ORG
League of Minnesota Cities
How to estimate your 2011 levy limit
Page 2
Special Levies for 2011
There are several special levies allowed beyond this levy limit. Below is a list of the most frequently used
"special levies." Those marked with an "*" are special levies that cities can use for the first time for
payable 2011. For a complete list of special levies, see MS 275.70, subd 5.
• *Levies to recover 2010 LGA cuts in ratified unallotments
• *Levies to recover 2010 MVHC reimbursement cuts in ratified unallotments
• *Levies to recover 2010 LGA cuts in supplemental budget passed by 2010 legislature
• *Levies to recover 2010 MVHC reimbursement cuts in supplemental budget
• *Levies to recover 2011 MVHC reimbursement cuts in supplemental budget
• Levies for bonds and most certificates of indebtedness.
• Voter approved levies.
• Levies to pay for federal or state matching requirements.
• Levies for natural disaster recovery.
• Levies for property tax abatements.
• Levies for increases in PERA employer contributions.
• Levies to repay a federal or state loan for a transportation or capital project.
• Levy increases to fund police and firefighter relief associations.
• Levies related to foreclosure costs
• Levies for police and firefighter wage and benefit costs.
Example of how to estimate the levy limit
Information needed for calculation:
✓ Pay 2010 adjusted levy limit base = $900,000 = levy limit base for pay 2011
• Percent change in number of households over last year = 2%
✓ Percent change in total market value of all property types as a result of new construction of
commercial/industrial property= 0%
✓ 2011 estimated LGA= $3,250
✓ 2011 taconite aid= $0
✓ 2011 wind energy production tax= $0
✓ 2011 utility transition aid = $0
Calculation:
Step 1: $900,000
Step 2: $900,000 x 1.68%= $915,120
Step 3: $915,120 x (l+half of 2%) = $915,120 x 1.01 = $924,271
Step 4: $924,271 x (1+0) = $924,271 x 1 = $924,271 (adjusted levy limit base for pay 2011)
Step 5: $924,271 — $3,250 — 0 — 0 - 0 = $921,021 (2011 levy limit)
For more information about levy limits, contact the following League of Minnesota Cities staff:
Gary Carlson Jennifer O'Rourke Rachel Walker
Director of Intergovernmental Relations Intergovernmental Relations Policy Analysis Manager
(651) 281-1255 or (800) 925-1122 Representative (651) 281-1236 or (800) 925-1122
gcarlson!a lmc.org (651) 281-1261 or (800) 925-1122 rwalkerrn,lmc.orc
jorourke (lmc.ore
League of Minnesota Cities
How to estimate your 2011 levy limit
Page 3
FAQ: 2011 Special Levies
Q: Are there special levies that we should consider for the first time?
A: Yes. There are several special levies that cities can take advantage of for the first time. These
are special levies to allow cities to recoup the amounts of LGA and/or MVHC reimbursement that
were unalloted by the Governor AND the amounts of LGA and/or MVHC reimbursement that
were cut by the Legislature in the supplemental budget bill of 2010
Q: If we used a special levy in 2010, do we have to use it again in 2011?
A: Technically, the answer is no. However, the Department of Revenue makes adjustments to
your levy limit base once you start using a special levy (i.e. your base is reduced). If you opt to
stop using a special levy, the Department will NOT restore your base. Therefore, it is in the city's
best interest to continue to use a special levy once it starts.
Q: Do we have to use special levies?
A: No. They are optional, keeping in mind the answer above. If your city is going to use one or
more special levies for the first time in 2011, there may be special calculations you need to do in
order to estimate your levy limit base (see below).
Q: If we use special levies for the first time for pay 2011, what information do we need to
provide to DOR?
A: For most of the allowed special levies, the Dept. of Revenue needs baseline data. When you
decide to start using a given special levy, the Department will use the information provided by
cities on the property tax levy report. This report was due to the Department in December of 2009.
If you are concerned that your city's report was incomplete or inaccurate for any reason, you need
to contact the Department in order to work with them on calculating an accurate baseline.
Cities will need to submit form PT280 by September 30th to the Dept. of Revenue. That form
indicates which special levies a city intends to use.
Q: Do we need to submit any forms to the Dept. of Revenue?
A: Yes. Cities will need to submit form PT280 by September 3Oth to the Dept. of Revenue. That
form indicates which special levies a city intends to use.
Q: Should we use special levies?
A: It depends. The use of special levies is optional. Keep in mind that the inflationary increase
on the limited levy is just 1.67% (note that this figure will be finalized in early July using the data
available at that time and may change slightly). If you are going to see an increase of less than the
inflationary increase PLUS the other 2 percentage adjustments for household growth and
commercial -industrial growth in a category of spending that could be a special levy, it may be of
more benefit to NOT treat that category as a special levy. This way, you retain those dollars in the
calculation of your levy limit base.
League of Minnesota Cities
How to estimate your 2011 levy limit
Page 4
Q: Where does the household data come from for calculating levy limits?
A: The state demographer and Metropolitan Council will certify population and household counts
to the Dept. of Revenue by July 15.
Q: Where does the commercial/industrial new construction data come from?
A: Data on new construction of C/I property is available from the 2009 Fall Mini Tax Abstract
from the Dept. of Revenue. Total taxable market value for all property types in a city will be
available on the 2010 Abstract of Tax Lists in July.
Q: How is new construction within TIF districts or within JOBZ areas handled in the levy
limit calculations?
A: Levy authority is adjusted for a portion of the percentage increase in total taxable market value
as a result of new construction of commercial/industrial property. New construction of C/1
property within TIF and JOBZ areas will count in the calculation of this adjustment.
Select Special Levies Allowed for Taxes Payable 2011
A table listing several of the special levies allowed in the levy limit law is below. For each of
these special levies, the table makes note of whether or not cities that are using the special levy for
the first time must back out the entire 2010 levy amount for a given special levy in order to
calculate the levy limit base. The table also includes additional information on some of the more
complex special levies. DOR will issue highly detailed instructions on special levies when it sends
out the PT280 forms.
Special Levy
If city will use this special
levy FOR THE FIRST
TIME in 2011, does city
need to subtract entire
2010 amount from levy
limit base calculation?
Notes
Unalloted (ratified) 2010 LGA or
MVHC cuts
No.
Supplemental cuts to 2010 LGA
or MVHC
No.
Cuts to 2011 MVHC
No.
Costs attributable to police/fire
wages and benefits
YES.
The special levy is the
entire amount—not just the
change.
If you contract with another city or county
for police services, you need to ask the
provider for documentation as to the
portion of contract costs that go to cover
wage/benefits. Then, you need to
determine the amount of levy you have
used/will use to cover that part of the
contract cost.
Levies for bonds and most
certificates of indebtedness
YES.
The special levy is the
entire amount—not just the
change.
If a city issued an emergency debt
certificate to recover from aid and credit
cuts rather than using the special levy for a
similar purpose, it must use this special
levy to pay the certificate back, not the aid or
credit cut special levy
League of Minnesota Cities
How to estimate your 2011 levy limit
Page 5
Special Levy
If city will use this
special levy FOR THE
FIRST TIME in 2011,
does city need to
subtract entire 2010
amount from levy limit
base calculation?
Notes
Levies approved via voter
referendum
YES.
The special levy is the
entire amount—not just the
change.
Levies to fund matching
requirements for federal or state
grants
Yes—the special levy is for
the change since 2001 only.
To the extent that matching
requirement exceeds requirement in
2001 or it is a new requirement that
didn't exist prior to 2002
Levies to pay expenses incurred
in preparing or repairing the
effects of natural disaster
YES.
The special levy is the
entire amount—not just the
change.
There is also a separate application to
DOR Commissioner.
Levies for property tax
abatements
YES.
The special levy is the
entire amount—not just the
change.
Levies for increases in PERA
employer contribution rates or
for locally administered plans
effective after 6/30/01
YES—the special levy is
for the change since 2001
only.
Cities cannot use a special levy for
PERA rate increases if they are
accounting for those rate increases as
part of the police/fire wages and
benefits special levy and vice versa.
No double counting is allowed.
Levies to repay state or federal
loan used to fund spending on
transportation or other capital
project
YES.
The special levy is the
entire amount—not just the
change.
Levies to fund police and
firefighter relief associations.
YES.
The special levy is the
entire amount—not just the
change.
Levies to pay costs incurred for
securing, maintaining, or
demolishing foreclosed or
abandoned residential properties
YES.
Requires separate application to DOR
commissioner. City must meet
threshold: foreclosure rate of at least
1.4% in 2007 OR foreclosure rate in
2007 in city or zip code area of city
that is at least 50% higher than average
metro foreclosure rate. Foreclosure
rate is number of foreclosures in sheriff
sales records divided by number of
households in 2007.
League of Minnesota Cities
How to estimate your 2011 levy limit
Page 6
Examples of how to estimate your city's levy limit
Example t City has small debt levy (also had for pay 2010)
Information needed for calculation:
✓ 2010 adjusted levy limit base = levy limit base for pay 2011 = $900,000
✓ Percent change in number of households over last year = 2%
✓ Percent change in total market value of all property types as a result of new construction of C/I =
0%
✓ 2011 estimated LGA= $3,250
✓ 2011 taconite aid= $0
✓ 2011 wind energy production tax= $0
✓ 2011 utility transition aid = $0
Calculation:
Step 1: $900,000
Step 2: $900,000 x 1.68%= $915,120
Step 3: $915,120 x (1+half of 2%) = $915,120 x 1.01 = $924,271
Step 4: $924,271 x (1+0) = $924,271 x 1 = $924,271 (adjusted levy limit base for pay 2011)
Step 5: $924,271 - $3,250 - 0 - 0 - 0 = $921,021 (2011 levy limit)
Example 2: City uses police/fire wage and benefit cost special levy (for 1st time in pay 2011)
Information needed for calculation:
✓ 2010 adjusted levy limit base = pay 2011 levy limit base = $125,000
✓ 2010 levy for police/fire wage and benefit costs = $35,000
(treat as if it would have been a special levy)
✓ Percent change in number of households over last year = 3%
✓ Percent change in total market value of all property types as a result of new construction of C/I =
1%
✓ 2011 estimated LGA= $3,250
✓ 2011 taconite aid= $0
✓ 2011 wind energy production tax= $0
✓ 2011 utility transition aid = $0
Calculation:
Step 1: $125,000
Step 2: $125,000 - $35,000 = $90,000
Step 3: $90,000 x 1.68% _ $91,512
Step 4: $91,512 x (1+half of 3%) = $91,512 x 1.015 = $92,885
Step 5: $92,885 x (l+half of 1%) = $92,885 x 1.005 = $93,349 (adjusted levy limit base)
Step 6: $93,349 - $3,250 - 0 - 0 - 0 = $90,099 (2011 levy limit)
WEST ST. PAUL CITY CHARTER
CHAPTER VII
TAXATION AND FINANCES
Sec. 7.09.
Subd. 2. Limitations on Property Tax Levy. The total levy in property taxes for General Fund purposes shall be
limited as follows:
(a) For taxes payable in the calendar year 2007, the General Fund property tax levy plus the state -certified Local
Government Aid (LGA) from the State of Minnesota, shall not exceed $360 per capita for each resident of the
City.
(b) For each year thereafter, the $360 per capita limit shall increase each year based on the Implicit Price Deflator
(IPD) as published by the Bureau of Economic Analysis as of March 31st of the year prior to the year in which
the taxes will be payable. The IPD increase will be applied to the per capita limit from the previous year to
determine the limit of the total combined amount of taxes and LGA. From this total combined amount, the state -
certified LGA for the next year shall be deducted, resulting in the tax levy limit for the General Fund for the next
year.
To determine the population, the Finance Director shall use the United States decennia census figure from the
most recent U.S. Bureau of Census, unless a more recent estimate is available from the demographer's office of
the Metropolitan Council.
Section 7.04 thru Section 7.14 - Ordinance 97-14
Section 7.10 Subd. 1— Ordinance 99-25
12-20-07
FRIDLEY CITY CHARTER
CHAPTER 7. TAXATION AND FINANCES.
Section 7.01. COUNCIL TO CONTROL FINANCES.
The Council shall have full authority over the fmancial affairs of the City, and shall provide for the
collection of all revenues and other assets, the auditing and settlement of accounts, and the
safekeeping and disbursement of public moneys. In the exercise of a sound discretion it shall make
provisions for the payment of all liabilities and expenses. The Council shall establish the fiscal year
for the City.
Section 7.02. POWER OF TAXATION.
1. The City shall have, in addition to the powers by this Charter expressly or impliedly granted,
all the powers to raise money by taxation pursuant to the laws of the State which are
applicable to cities of the class of which it may be a member from time to time, provided that
the amount of taxes levied against real and personal property within the City for general City
purposes shall not exceed in dollars, a tax levy that is greater than the prior year tax levy
increased by an inflationary index, or 5%, whichever is least. Said inflationary index shall
be that as defined by the U.S. Department of Labor, Bureau of Labor Statistics, Consumer
Price Index for all Urban Consumers in the Minneapolis, St. Paul metropolitan area. (Ref.
Ord. 592, 1102 and 11/7/00 Amendment)
Nothing in this provision shall be construed to impair any general obligation the City may
have in support of otherwise lawful indebtedness or similar obligation supported by the full
faith and credit of the City, provided, however, that long-term, general obligation
indebtedness shall not be used for the purpose of funding the routine and daily business
operations of the City. (Ref Ord 1152)
2. The City Council may also levy a tax against real and personal property within the City in
addition to said limit as defined in paragraph 1 provided the Council shall:
A. Adopt a resolution declaring the necessity for an additional tax levy and specifying
the purposes for which such additional tax levy is required.
B. Hold a public hearing pursuant to three (3) weeks' published notice in the official
newspaper of the City setting forth the contents of the resolution described in
Subdivision A.
C. Adopt after such public hearing a resolution by an affirmative vote of a least four (4)
members of the Council which shall be presented as a clear and concise 'plain
language' ballot question at the next regular municipal election. (Ref. Ord. 592, 1102
and 11/7/00 Amendment)
D. The additional tax levy shall take effect if 51% of the votes cast at said election are in
favor of its adoption.
3. Any other fees created, or increased beyond the limits set forth in subsection 1, shall require
voter approval as stipulated in subsection 2.
A. For the purposes of this subsection, "fees" includes sales and use taxes, recycling
fees, gas and electric franchise fees and any other fee that produces a tax burden or
direct financial obligation for all property owners and/or residents of Fridley. (Ref
Ord 1152, 1244)
B. For the purposes of this subsection, the term "fees" does not include: utility charges,
Parks and Recreation Department participation fees, charges for photo -copying, sales
of municipal liquor store products, or civil and criminal fines and other charges
collected in cases of restitution or violation of law or contract. The term "fees" also
does not include rental housing fees, building permit fees, liquor license fees, the
extension or transfer of cable television service authority to additional service
providers for which fees are already being charged, fees for the operation of junk
yards, annual license fees for the operation of pawn shops and other regulated
business, and any other charge for services, including health and safety related Code
enforcement, and other goods, services or materials routinely provided by the City to
its citizens or other members of the public which, by law, must be limited to the
actual cost of the service being provided. The term "fees" shall not include any
special assessments made under Minnesota Statutes Section 429. (Ref Ord 1152,
1244)
C. For the purposes of this subsection, "fee increase" includes a new tax or fee, a
monetary increase in an existing tax or fee, a tax or fee rate increase, an expansion in
the legal definition of a tax or fee base, and an extension of an expiring tax or fee.
(Ref Ord 1152)
D. For the purposes of this subsection, "city" includes the city itself and all its
departments and agencies that are organized to exercise the "Powers of the City" as
defined in Chapter 1 of this Charter. "City" shall not include any body of
government owing its existence to separate constitutional or statutory authority
outside of the Charter, regardless of whether that other body of government has
jurisdiction or performs duties and services within the boundaries of the City. (Ref
Ord 1152)
E. For the purpose of addressing natural disasters this subsection does not apply to any
specific emergency measure authorized in Chapter 7, Section .08 (7.08). (Ref
11/7/00 Amendment)
MOUNDS VIEW CITY CHARTER
CHAPTER 7
TAXATION AND FINANCES
Section 7.01 Council to Control Finances. The Council shall have full authority over the
financial affairs of the City except as limited or prohibited by the state constitution, state laws, or
this Charter. It shall provide for the collection of all revenues and other assets, and the auditing and
settlement of accounts. It shall further provide for the safekeeping and disbursements of public
monies by the City Treasurer.
Section 7.02 Fiscal Year. The fiscal year of the City shall be the calendar year.
Section 7.03 System of Taxation. Subject to the state constitution, and except as
forbidden by it or by state law, the Council shall have full power to provide by ordinance for a
system of local taxation. This authority includes the power by ordinance to assess, levy, and
collect taxes on all subjects or objects of taxation except as limited or prohibited by the state
constitution, by this Charter or by state laws imposing restrictions upon the City irrespective of
Charter provisions.
Subdivision 1. The City's annual resolution to levy ad valorem taxes (raising money
against real and personal property) shall not exceed the lesser of the following formulas; either
the prior year tax levy dollar amount increased by a maximum of 5%, or CPI (Consumer Price
Index) plus 2%. The CPI shall be the 12 month average of the most recently published data for
all Urban Consumers in the Minneapolis, St. Paul metropolitan area, as defined by the U.S.
Department of Labor, Bureau of Labor Statistics.
Subdivision 2. The City Council may levy a tax against real and personal property in
excess of the limit set in Subdivision 1 provided the Council shall:
A) Adopt a resolution declaring the necessity for a n additional tax levy and specifying
the purposes for which such additional tax levy is required.
B) Hold a public hearing upon at least 10 days posted and published notice in the City's
official newspaper, City newsletter, and, if available, the City web site, setting forth
the contents of the resolution described in Subdivision 2A.
C) After such public hearing, adopt by an affirmative vote of at least four (4) members of
the Council such resolution language which is readily understandable and a summary
of such resolution will be the ballot question for the electorate at the next regular
municipal election or special election, per this Charter's Section 4.04, as amended,
prior to the final levy approval.
D) If the additional tax levy resolution is then approved by the voters under Chapter 4 of
this Charter then the levy shall be implemented in the following fiscal year or later date as
specified in the resolution.
Subdivision 3. Any other fee or levy, created, or increased beyond the limits set forth in
Subdivision 1, shall require voter approval as stipulated in Subdivision 2 of this Section.
a) For the purposes of this Section, "fee" includes utility charges (other than water,
sanitary sewer, storm water and street light), recycling fees, franchise fees (for gas
and electric) and shall also include any other fee that produces a tax burden or direct
financial obligation to a simple majority of property owners and/or residents of
Mounds View and not specifically excluded in Section 7.03, Subd. 3b. (Amended by
Ordinance 819, Adopted May 11, 2009; Effective: August 19, 2009.)
b) For the purposes of this Section, the term "fee" does not include: Filing for Office fee,
park or recreational participation fees, charges for photo -copying, sales of municipal
liquor store products, Building and Zoning Permit or Inspection and Planning fees, or
civil, criminal and banking fines and other charges collected in cases of restitution or
violation of law or contract. The term "fee" does not include charges collected by the
direction of the State, County or other taxation authority, or as a result of joint powers
agreements. The term "fee" also does not include rental housing fees, liquor license
fees, cable franchise fees, annual license fees for the operation of a regulated
business, fees for services, including health and safety related Code enforcement, and
other goods, services or materials routinely provided by the City that for those
applicable, pursuant to MN Statute, the amount charged shall reflect the actual cost.
The term "fee" shall not include any special assessments made under Minnesota
Statutes Section 429, as amended. (Amended by Ordinance 819, Adopted May 11,
2009; Effective: August 19, 2009.)
c) For the purposes of this Section, "fee increase" includes a new tax or fee, a monetary
increase in an existing tax or fee, a tax or fee rate increase, an expansion in the legal
defmition of a tax or fee base, and an extension of an expiring tax or fee, excluding
the annual recertification of the utility franchise fee. (Amended by Ordinance 819,
Adopted May 11, 2009; Effective: August 19, 2009.)
d) This Section does not apply to any specific emergency measure authorized in Chapter
7 Section 7.12. or MN Statute 475.754, as amended.
Subdivision 4. The City shall not levy to increase any fund reserve beyond 50% of an
average of that fund's previous five years annual expenditures. The Council may raise a fund's
reserve beyond 50% provided:
a) the Council designates by resolution and holds a public hearing reviewing the purpose
of the reserve increase and the City follows such proposed increase with the steps
outlined in Subdivision 2 of this Section the year prior to the collection of such
increased taxation or fee, or
b). the Council modifies and adopts by resolution the Five Year Financial Plan, as
defined in Chapter 7, Section 7.05, as amended, specifying the fund reserve purpose
and the City follows such proposed increase with the steps outlined in Subdivision 2
of this Section the year prior to the collection of such increased taxation or fee.
Moneys raised by Tax Increment Financing shall not be included in the calculation of reserve
limit. This Subdivision and Section shall not limit or impair the City's ability to create Tax
Increment Financing or enter into Development Agreements specified by MN Statutes 469.174
to 469.1799, as amended. This Subdivision shall not require the City to divest or expend any
excess of any reserve fund(s) currently exceeding the specified limit, provided the Council,
within 90 days of adopting this Section, designates by resolution the purpose of the reserve or
�� adopts a modified Five Year Financial Plan reflecting the reserve purpose.
Subdivision 5. Nothing in this Section shall be construed to impair any general obligation
the City may have in support of otherwise lawful indebtedness or similar obligation supported by
the full faith and credit of the City, provided, however, that long-term, general obligation
indebtedness shall not be used for the purpose of funding the routine and daily business
operations of the City.
(Section 7.03 Amended by Referendum Election, November 2006)
City of Lino Lakes
2010 Adopted Tax Levy
General Fund Levy
Special Levy - PERA Contribution
Adopted Adopted Adopted
2008 2009 2010
7,864,704 8,247,178 7,768,238
38,418 47,994 47,994
7,903,122 8,295,172 7,816,232
Special Levy - Target/Kohls Abatemt 70,114
Special Levy - Legacy/YMCA Abatemt 2006C 42,443
112,557
Debt Levy
Certificate of Indebtedness 2005 40,404
Certificate of Indebtedness 2006 122,603 120,698
Certificate of Indebtedness 2007 66,990 62,948 60,349
Certificate of Indebtedness 2008 - 82,975 81,732
Certificate of Indebtedness 2009 - 126,840
Civic Complex Bond 1998A ** 191,213 126,788
Public Project Revenue Bond 1999C 109,557 104,570
Taxable G.O. Imp Bond 2003B 20,741 19,534 23,524
G.O. Improvement Bond 2005A - -
G.O. Improvement Refunding Bond 2005B 108,041 113,482 124,176
G.O. Tax Abatement Bond 2006C 66,148 108,591 140,091
G.O. CIP Refunding Bond 2006E ** 125,580 209,580 322,470
Total Debt Levy 851,277 949,166 879,182
Total Levy 8,866,956 9,244,338 8,695,414
** Is decreased by School District lease
B-7
Council Member introduced the following resolution and moved its adoption:
CITY OF LINO LAKES
COUNTY OF ANOKA
RESOLUTION NO. 10-78
RESOLUTION ADOPTING AND CERTIFYING THE PRELIMINARY 2010 TAX LEVY, COLLECTIBLE IN
2011
WHEREAS, Minnesota State Statutes grant local governments the authority to levy property taxes to
finance the operations of the local jurisdiction; and,
WHEREAS, the City of Lino Lakes annually levies property taxes to finance General Fund operating
costs and annual debt service on outstanding indebtedness; and,
WHEREAS, the City Council of Lino Lakes has reviewed the proposed 2011 General Fund operating
budget and the preliminary 2010 tax levy collectible in 2011; and,
WHEREAS, the preliminary levy is the maximum that the City will levy for tax year 2010 collectible in
2011, and which may be lowered but cannot be increased before adopting the final tax levy;
and,
WHEREAS, the City Council must certify the preliminary 2010 tax levy collectible in 2011 to the Anoka
County Auditor by September 15, 2010.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lino Lakes, Anoka County,
Minnesota, hereby does levy on a preliminary basis the following upon taxable property in said City of Lino
Lakes:
1. Total amount levied in the year 2010 to be spread for taxes due and payable in the year
2011 is $8,660,000.
2. The total amount above levied is for the following purposes:
General Operating Levy $7,675,424
Special Levies
PERA Employer Contribution 43,816
General Bonded Debt
G.O. Improvement Bond 2003B 21,917
G.O. Improvement Refunding Bond 2005B 124,172
G.O. Tax Abatement Bonds 2006C 196,581
G.O. CIP Refunding Bond 2006E 325,410
Equipment Certificates of 2008 80,808
Equipment Certificates of 2009 127,008
Equipment Certificates of 2010 64,864
Total General Obligation Bonded Debt 940,760
TOTAL LEVIES $8 660.000
Page 29A — 29B
Draft#1:
Section 1.04. Charter Commission. The City's Charter
Commission shall study the City and propose amendments to
the City Charter, under the requirements of the Statutes of the
State of Minnesota, and/or disseminate information regarding
such proposals. The Charter Commission members shall
receive no compensation, and shall be comprised of 15
members who are appointed by the District Judge. Upon
expiring terms and other vacancies, the Charter Commission
Chair shall receive applications for appointment and submit
them to the District Judge. The Commission may employ the
legal and professional services necessary to its functions, the
reasonable cost of which, when directed by the Commission,
shall be paid for by the City, not to exceed the monetary
limitation set by the Minnesota Legislature.
Draft #2
Section 1.04. Charter Commission. The Charter Commission
shall have all powers necessary to protect and preserve the
City Charter.
Draft Ballot Language:
Should Chapter 1 of the City Charter be amended by adding Section 1.04, which reads as
follows? <Yes> <No>
Section 3.09. When Ordinances and Resolutions Take Effect.
Every emergency ordinance shall take effect immediately upon
its adoption or at such later date as it specifies. Every
resolution , - - r its
adoption or at such later date as it specifies. Every other
ordinance or resolution shall take effect thirty (30) days after
its publication or at such later date as it specifies.
Section 5.01. Power Reserved by the People. The people of
Lino Lakes reserve to themselves the powers in accordance
with the provisions of this Charter to initiate and adopt
ordinances, to require ordinances or resolutions passed by the
Council to be referred to the electorate for approval or
disapproval, and to recall elected public officials. These
powers shall be called the initiative, the referendum, and the
recall, respectively. (Amended)
Section 5.07. Referendum. Prior to the date when and -
ordinance or resolution takes effect, it may be subjected to a
referendum petition. If the petition is found to be sufficient
under Section 5.03, the said ordinance shall thereby be
prevented from taking effect, and shall be placed on a ballot as
determined by Section 5.03. If a majority
Section
204A.01
204A.02
204A.03
204A.04
204A.05
204A;06
CHAPTER 204 CODE OF CONDUCT
Procedures
Disclosure
Removal of influence
Representation of interested party
City employment
Removal from office
§ 204A.01 PROCEDURES.
Any elected official, city employee or agent appointed by the City Council, or any member
of a committee or commission who has been appointed by the City Council or Mayor, who in
the discharge of their official duties, would be required to take action or make a decision
which could substantially affect the official's financial interest, or those of an associated
business, unless the effect on the official is no greater than that on any other members of the
official's business classification, profession or occupation, shall take the following action.
(Prior Code, § 204A.01) (Ord. 14-95, passed 9-11-1995)
§ 204A.02 DISCLOSURE.
Disclosure to the Council or chairperson, and other members of the commission of which
they are a member, their participation in the matter, prior to the time the matter is considered
by the Council, committee, or commission.
(Prior Code, § 204A.02) (Ord. 14-95, passed 9-11-1995)
§ 204A.03 REMOVAL OF INFLUENCE.
Remove themselves in the manner prescribed by the Council, or the chairperson of the
committee or commission of which they are a member, from any consideration or influence
over the action and decision in question.
(Prior Code, § 204A.03) (Ord. 14-95, passed 9-11-1995)
1
§ 204A.04 REPRESENTATION OF INTERESTED PARTY.
Not appear before the Council or committee or commission of which they are a
member, on their own behalf, or as a representative for any other person, firm,
corporation, partnership, or association, operated either for profit or non-profit.
(Prior Code, § 204A.04) (Ord. 14-95, passed 9-11-1995)
§ 204A.05 CITY EMPLOYMENT.
No member of the City Council shall accept any employment, except as a Council
member, with the city.
(Prior Code, § 204A.05) (Ord. 14-95, passed 9-11-1995)
§ 204A.06 REMOVAL FROM OFFICE.
Any officer, employee, agent member of a committee or commission who
intentionally violates the provisions for this section can be removed as an officer,
employee, agent, or member of a committee or commission by a majority action of the
entire City Council, after a hearing held by the Council, pursuant to written charges, and
at least 10 days personal notice, or in the event the individual cannot be served after
due diligence, by 10 days published notice, or both.
(Prior Code, § 204A.06) (Ord. 14-95, passed 9-11-1995; Am. Ord. passed 10- -1995)
2
SECTION XXX CODE OF CONDUCT.
XXX.XXX. Purpose.
The city council of the city of Lino Lakes confirms its determination that standards of
professionalism, ethics, and will of the people be adhered to among its members, as well
as appointed and hired officials and employees of the City. The standards of conduct set
forth below are intended to serve as a guideline for the members of the city council and
others in carrying out their duties, as referenced in the Lino Lakes City Charter, Chapter
XII, Section 12.03, Code of Conduct. By eliminating conflicts of interest and providing a
guide for conduct in city matters, the city council upholds that it is essential that the
public have trust and confidence in the integrity and transparency, and to encourage its
citizens to serve on its council and commissions.
The residents and businesses of Lino Lakes are entitled to have fair, ethical and
accountable local government. Such a government requires that public officials:
• Comply with both the letter and the spirit of the laws and policies affecting
operations of the government.
• Be independent, impartial and fair in their judgment and actions.
• Use their public office or position for the public good, not for personal gain.
• Conduct public deliberations and processes openly, unless legally confidential, in
an atmosphere of respect and civility.
XXX.XXX. Standards of Conduct.
1. Act in the Public Interest
Recognizing that stewardship of the public interest must be their primary concern,
council members shall work for the common good of the people of Lino Lakes and not
for any private or personal interest, and they will endeavor to treat all persons, claims and
transactions in a fair and equitable manner.
2. Comply with the Law
Council members shall comply with the laws of the nation, the State of Minnesota and
the City in the performance of their public duties. These laws include, but are not limited
to: the United States and Minnesota constitutions; the Lino Lakes City Charter; laws
pertaining to conflicts of interest, election campaigns, financial disclosures, employer
responsibilities and open processes of government; and City ordinances and policies.
3. Conduct of Members
Council members shall refrain from abusive conduct, personal charges or verbal attacks
upon the character or motives of other members of the City council, boards,
commissions, committees, staff or the public. Council members shall support the
maintenance of a positive and constructive environment for residents, businesses and City
employees.
4. Conduct of Public Meetings
Council members shall inform themselves of public issues, listen attentively to public
discussions before the body and focus on the business at hand. Council decisions shall be
based upon the merits and substance of the matter at hand.
5. Compensation or Reimbursement
A council member or member of any board or commission may accept compensation or
expense reimbursement for the performance of the person's public duties only from the
sources listed below. A council member or member of any board or commission must
not solicit or accept, and a person must not offer or pay to a public official or employee,
compensation or expense reimbursement for the performance of the person's public duties
from any source other than:
a. compensation and expenses paid by the city;
b. compensation and expenses from other employment, if the person happens to
conduct public business while being paid for the other employment and if the
other employment does not interfere with, influence, or compromise the person's
public position; and
c. compensation and expenses paid by another governmental agency or municipal
association to a council member or member of a board or commission who serves
as a city representative for that agency, but only if the city does not also pay the
person for the same activity.
6. Contract or Proprietary Interest
A council member or member of any board or commission must not enter into a contract
with the city of Lino Lakes, unless authorized by law. A council member or member of a
board or commission who has a proprietary interest of 10 percent or more in an agency
doing business with the city must make known that interest in writing to the city council
and the city clerk.
7. Public Data Disclosure and Privacy
A council member or member of a board or commission must not disclose to the public,
or use for the private gain of self or others, information that was gained by reason of the
official's public position and that is not public data. Further, a council member or
member of a board or commission must not disclose information received, discussed, or
decided in conference with the council's or board's attorney that is protected by the
attorney/client privilege, unless a majority of the council or board has authorized that
disclosure.
It is the responsibility of council members or member of a board or commission to
publicly share substantive information that is relevant to a matter under consideration that
they have received from sources outside of the public decision-making process with all
other Council members or member of a board or commission.
Council members or member of a board or commission shall respect and preserve the
confidentiality of information provided to them concerning the confidential matters of the
City. They shall neither disclose confidential information without proper legal
authorization nor use such information to advance their personal, financial or private
interests.
8. Coordination with City Staff
Appropriate City staff should be involved when council members or member of a board
or commission meet with officials from other agencies and jurisdictions to ensure proper
staff support as needed and to keep staff informed.
9. Conflict of Interest
In order to assure their independence and impartiality on behalf of the public good,
council members or member of a board or commission shall not use their official
positions to influence government decisions in which they have a financial interest or
where they have an organizational responsibility or a personal relationship that would
present a conflict of interest under applicable State law.
Except as permitted by law, a council member or member of a board or commission must
disclose a potential conflict of interest for the public record and refrain from participating
in the discussion and vote, when a matter comes before that person that:
a. affects the person's financial interests or those of a business with which the person
is associated, unless the effect on the person or business is no greater than on
other members of the same business classification, profession or occupation; or
b. affects the financial interests of an organization in which the person participates
as a member of the governing body, unless the person serves in that capacity as
the city's representative.
10. Gifts and Favors
Council members or member of any board or commission shall not take advantage of
services or opportunities for personal gain by virtue of their public offices that are not
available to the public in general. They shall refrain from accepting gifts, favors or
promises of future benefits that might compromise their independence of judgment or
action or give the appearance of being compromised as prohibited by state law.
11. Use of Public Resources
A council member or member of any board or commission must not use public money,
time, personnel, facilities, or equipment for private gain or political campaign activities
except when:
a. the use is required or authorized by law; or
b. the use is no greater than that allowed for members of the general public.
This paragraph does not prohibit correspondence at any time to individual residents in
response to the resident's specific inquiries, or general surveys of residents that are
conducted before the time of filing for candidacy for elective office.
12a. Representation of Private Interests
In keeping with their role as stewards of the public trust, council members or member of
a board or commission shall not appear on behalf of the private interests of a third -party
before the City council or any board, commission or committee or proceeding of the City.
12b. Advocacy
To the best of their ability, council members or member of a board or commission shall
represent the official policies and positions of the body. When presenting their personal
opinions or positions, members shall explicitly state that they do not represent the council
or the City.
A council member or member of a board or commission must not act as an agent or
attorney for another before the city council or a board or commission in a matter where a
conflict of interest exists or may exist.
13. Improper Influence
A council member or member of any board or commission must not use the official
position to secure special privileges or exemptions for the person or others.
Council members shall refrain from using their position to improperly influence the
deliberations or decisions of City staff, boards, commissions or committees.
14. Intentional Violation of Provisions
A council member or member of any board or commission must not intentionally violate
a provision of the city charter or the city ordinances.
Council members shall respect and adhere to the council -Administrator structure of Lino
Lakes City government as provided in State law and the City Charter.
XXX.XXX Implementation
City council members shall sign this personal code of conduct at the first council meeting
in January each year as a symbol of each council member's continuing commitment to
abide by the principles of this code.
Code of Conduct standards shall be included in the regular orientations for City council
candidates or potential members of any board or commission or city staff. Council
members entering office shall sign this statement affirming they read and understand the
Lino Lakes City Code of Conduct.
XXX.XXX. Disclosures.
All City officials shall take an oath upon assuming office, pledging to uphold the Home
Rule Charter and laws of the City, the State and the Federal government. As part of this
oath, officials commit to disclosing to the appropriate authorities and/or to the City
council any behavior or activity that may qualify as corruption, abuse, fraud, bribery or
other violation of the law.
Within 30 days after taking the oath of office or being appointed to a position, each
council member and member of a city board or commission must file a report with the
city clerk, on a form prepared by the clerk, which contains the information specified
below for the preceding year. Subsequently, each person must file a supplemental report
on the first day of February of each year in office and within 30 days after any change in
information provided under paragraph 5. The information must be for the individual, the
individual's spouse, and all minor children (collectively referred to below as "person"):
a. a business entity in which the person is an officer, director, member, or employee,
and the position held;
b. a business entity in which the person has an ownership interest, either legal or
equitable, greater than 5 percent;
c. sources of income, compensation, fees, or commissions that are received from
employment, for services rendered, or from pensions, except the employment of
minor children;
d. non-profit organizations in which the person serves on the governing body, and
the position held, except if serving in that capacity as the city's representative; and
e. real property within the city owned by the person or in which the person has a
beneficial interest and that has an assessed valuation in excess of $10,000. The
person's homestead need not be included.
The term "business entity" includes any business, proprietorship, firm, partnership,
person in representative or fiduciary capacity, association, venture, trust or corporation.
Compliance and Enforcement
Council members themselves have the primary responsibility to assure that ethical
standards are understood and met and that the public can continue to have full confidence
in the integrity of City government.
This code of conduct shall be considered to be the definitive document relating to ethical
conduct by Lino Lakes council members or member of any board or commission.
XXX.XXX. Compliance and Enforcement.
The council may hold a hearing after receiving a written complaint questioning adherence
to these principles or alleging a conflict of interest or failure to file a required disclosure
statement, or on the council's own volition. At the hearing, the person accused must have
the opportunity to be heard. A hearing will be held only if the city council determines (1)
upon advice of the city attorney, designee or other attorney appointed by the council, that
the allegations rise to the level of a violation of these principles or to the level of a
legally -recognized conflict of interest, and (2) that the complaint has been lodged in good
faith and not for impermissible purposes such as delay. If after the hearing, the council
finds that a conflict of interest, failure to file a required disclosure, or violation of these
principles does exist, the council may take whatever action it deems appropriate,
including referring the matter for criminal prosecution, imposing a civil penalty not
exceeding $2000 per violation, directing an official not to participate in a decision, or
removing an appointed member of an advisory board or commission from office. A
council member or member of a board or commission must not participate in a decision if
the council prohibits the participation.
I affirm that I have read and understand the City of Lino Lakes City council Code of
Conduct.
Signature
Date
CODE OF CONDUCT
Purpose
To establish a code of conduct and associated remedies that council members agree to abide by
in carrying out their duties as elected officials. This code of conduct does not supersede any
existing or future statutory or constitutional rights, but simply outlines appropriate council
expectations, behavior and interactions with each other, city staff, citizens and all other groups
encountered as a result of city business, so as to efficiently and effectively develop and carry out
the mission, vision, goals and established policies of the city.
Roles/Responsibilities
Meetings - By Charter, the mayor presides over meetings of the city council. Speakers,
including council members, do not speak until recognized by the mayor.
Act in the Public Interest — Recognizing that service to our citizens must be our primary
concern, council members shall work for the common good of the people of Lino Lakes and not
for any private or personal interest. Council members will treat all persons, claims and
transactions in a fair and equitable manner.
Preparation — Council members are expected to be prepared for city council meetings and work
sessions.
Agenda Preparation — The city administrator directs preparation of draft meeting agendas. The
final agenda is determined by the city council prior to the meeting. At the council meeting,
agenda items may be added or deleted by council members per procedures established in the city
code.
Conduct of Members
Staff Direction — The mayor and city council members direct city staff, contract employees and
consultants only through the city administrator, as determined by majority vote. At work
sessions, the mayor will state the concerns of the council or specific directions provided by the
council to the staff. The city administrator will request further clarification if he feels it is
required so that there is a clear understanding of what the council's expectations are in terms of
the actions to be taken by staff.
Respect for Staff Time — If a council member is utilizing an inordinate amount of staff time, the
city administrator is required to bring this to the attention of the city council for resolution.
Interactions — Council members shall refrain from abusive conduct, personal charges or verbal
attacks upon the character or motives of other members of the city council, boards, commissions,
committees, staff or the public.
Respect for Process — Council member duties shall be performed in accordance with the
processes and rules of order established by the city council.
Use of Public Resources — Public resources not available to the general public (e.g., city staff
time, equipment, supplies or facilities) shall not be used by council members for private,
personal or political purposes.
Advocacy — To the best of their ability, council members shall speak with one voice in
representing the official policies and positions of the city council. When presenting their
personal opinions or positions, members shall explicitly state that they do not represent the
council or the city.
Improper Influence — Council members shall refrain from using their position to improperly
influence the deliberations or decisions of city staff, boards, commission or committees.
Positive Work Environment — Council members shall support a positive, efficient and effective
environment for residents, businesses and city employees.
Steward of City Funds — When the end of a council member's service on the city council has
been determined by means of not seeking re-election, resignation, or the results of an election,
that council member shall not subject the city to unnecessary travel and/or tuition costs.
Communication
Sharing of Information — It is the responsibility of council members to publicly share
information with all other council members that they have received from sources outside of the
public decision-making process, which pertains to a topic under consideration. Whenever
possible, new information or data obtained by council members, pertinent to a topic being
discussed, will be distributed through the city administrator to the city council members. Upon
reviewing the "new information" the council may adopt a motion to postpone further
consideration of the information until all members have had time to review and interpret this new
information.
Focused Discussions — Council members shall work to keep discussions and debates focused on
the item under discussion without introducing extraneous or irrelevant information.
Request for Information- All council members shall receive the same information at the same
time when deemed ready for distribution by staff. If an elected official requests information in
advance of others on the city council, the matter shall be resolved by a majority of the city
council.
Coordination with City Staff — City staff should be involved when council members meet with
officials from other agencies and jurisdictions to ensure proper staff support as needed and to
keep staff appropriately informed.
Citizen Questions — Elected officials should refer questions and concerns from citizens to the
city administrator or appropriate department director. City staff should report back to the city
council on the resolution of the referral.
Confidential Information — Council members shall respect and preserve the confidentiality of
non-public, protected non-public, private, and confidential information provided to them
concerning matters of the city. They shall neither disclose confidential information without
proper legal authorization nor use such information to advance their personal, financial or private
interests.
Notice of Attendance — If any council member has knowledge or reason to believe that there
will be a large or emotional attendance at an upcoming council meeting or work session, they
have an obligation to inform the city administrator as soon as they become aware of the potential
situation.
Implementation
Orientation — This Code of Conduct shall be included in the regular orientations for new city
council members. Following each election, the new council shall, by resolution of its elected
members, adopt a city council code of conduct.
Compliance and Enforcement — Council members themselves have the primary responsibility
to assure that the code of conduct is understood and followed and that the public can continue to
have full confidence in the integrity of the Lino Lakes city government.
Remedies
It is the responsibility of the city council to police its members. When inappropriate behaviors
are observed, any member of the council can intervene. If inappropriate behavior is observed,
the city council will discuss the behavior at a council work session. By direction of the council,
it will be determined whether:
a. A letter is sent to the offending council member stating that they have been found
operating outside the established code of conduct, requesting them to correct the
behavior identified as inappropriate; or
b. The council member is formally sanctioned by resolution at a council meeting.
Resolution 06-58 adopting this Code of Conduct was adopted by the Lino Lakes City Council on
April 10, 2006.
John Bergeson, Mayor
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
5131/09 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 233 337.85
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
Date Work related to amending the Charter
4/20/09
6/23/09
7/30/09
7/31/09
$2525.90
Hours Fees
Responded to questions about data practices and the .08 11.60
Internet
Sent note re charter amendment 0.08
Responded to emails about preparing charter amendments 0.25
Spoke with Charter Commission member regarding 033
two proposed charter amendments.
TOTAL related to amending the Charter
MINUS payment received
UNPAID for first half of 2009
11.60
36.25
47.85
1062.85
157035
Referral to the Lino Lakes Charter Commission
STAFF ORIGINATOR:
MEETING DATE:
TOPIC:
BACKGROUND
Julie Bartell, City Clerk
October 14, 2010
Odd Year Elections
The city council received the attached staff report at their work session on October 4,
2010. The report is in response to a council member suggestion that the city consider
moving its election year from odd to even years as a cost saving measure.
Since a change to the election year would require a charter amendment, the council is
respectfully requesting that the Lino Lakes Charter Commission review the question
and provide feedback to the council.
Also attached is a draft of the minutes of the work session relative to this topic. The
council requested that the pros and cons that they discussed be provided for your
review.
WS — Item 6
WORK SESSION STAFF REPORT
Work Session Item #6
Date: October 4, 2010
To: City Council
From: Julie Bartell, City Clerk
Re: Odd Year Elections
Background
Chapter 4.01 of the Lino Lakes City Charter establishes that "A regular municipal
election shall be held on the first Tuesday after the first Monday in November of each odd
numbered year... ". The rationale for holding a municipal election exclusive of the even -
year state and federal level elections is not clearly stated in the city's records.
Costs. The proposed budget for the city's cost of the 2011 election is $14,060. A change
to even year would save that bi-yearly expense in its entirety. A change would also mean
that the staff time devoted to elections during those odd years could be directed to other
work.
Charter Amendment. A change to the election year would require an amendment to the
city charter. The amendment process is governed by state statute which provides more
than one method by which a home rule charter can be amended:
1) Petition — a petition meeting the requirements of state law can be submitted by
citizens and the question would be brought to the voters;
2) Amendment proposed by the council — the council may propose an
amendment by ordinance and, after review by the charter commission, may present it to
the voters;
3) Upon receiving a recommendation from the charter commission, the council
may enact a charter amendment by ordinance with an affirmative vote of all council
members (with a post approval waiting period of 90 days).
Terms of Office. Any change to the municipal election year would obviously result in a
question regarding the terms of office for the council members and mayor. Changing the
election year may result in either the addition or loss of one year to the terms, possibly
impacting both sitting council members and those individuals who are up for
election/reelection.
Requested Council Direction
Staff is presenting the idea of pursuing a change to the city's current practice of odd -year
municipal elections as a possible cost savings and efficiency measure and requests
direction from the council regarding your interest. If the interest is present, the council
should discuss the form of charter amendment that could be pursued. Staff would then be
able to put together a possible schedule for either a council vote or inclusion of a question
on the 2011 ballot.
CITY COUNCIL WORK SESSION
DATE
MEMBERS PRESENT
MEMBERS ABSENT
DRAFT
CITY OF LINO LAKES
EXCERPT OF MINUTES
October 4, 2010
: October 4, 2010
: Councilmember Gallup, O'Donnell,
Reinert, Roeser and Mayor Bergeson
: None
Staff members present: City Administrator Jeff Karlson; Community Development
Director Mike Grochala; Director of Public Safety Kent Strege; City Engineer Jim
Studenski, City Clerk Julie Bartell
The following is an excerpt of the minutes of the above date relating only to Item 6 on the
meeting agenda.
6. Odd Year Elections — City Clerk Bartell explained that the concept of the city
changing from an odd to even year election cycle for municipal elections is being brought
forward at the request of two council members who presented it as an efficiency and cost
saving possibility. Of the eighty plus cities in Anoka County, only two cities have their
municipal elections in odd years (Lino Lakes and Circle Pines). She explained that the
requirement for the current practice of odd -year city elections is included in the city
charter so a charter amendment would be required for a change. The process for charter
amendments (as set forth by state statute) was reviewed. Ms. Bartell noted the biyearly
costs associated with holding an exclusive municipal election; the costs would be saved
entirely along with staff's work and time associated with the election process. She also
noted that any change to the election cycle would obviously result in an impact to terms
of office for the council and mayor positions. It is advisable that any change in terms be
determined and included in the enacting ordinance so it is clear up front. Staff is seeking
direction from the council on their interest in further discussion or moving forward on a
change and, if appropriate, on what type of amendment the council would seek.
The council discussed possible scenarios of enacting a change, including how long a
process would take. There was recognition that if the charter commission were to make
the recommendation to the council, the process would be shorter and the savings would
come quicker. The charter commission meets quarterly and has a meeting in October.
The mayor remarked that municipal officials are at the bottom of the totem pole and the
reason he sees for having off year elections is to give necessary attention to local
questions. Joining with the larger election world would also mean some loss of the non-
partisan nature of the municipal elections perhaps just by association (campaign signed
displayed together).
A council member noted that the savings are not extensive and they are actually saved
only biyearly. Another council member suggested that the concept is worth exploring.
1
CITY COUNCIL WORK SESSION October 4, 2010
DRAFT
45 A question was posed by council regarding the city's sign regulations and the previous
46 direction to report on how the regulations should be amended to recognize the longer
47 absentee balloting period. The current regulations do not allow campaign signs to be
48 posted for the full absentee balloting period. Community Development Director
49 Grochala noted that he is working with the city attorney on that issue as well as another
50 constitutional concern about the city's sign regulations; he anticipates bringing forward a
51 change for consideration after the first of the year and in time for next year's election
52 period.
53
54 City Clerk Bartell added that there is additionally some language in the city charter that
55 does not correlate with recent election law changes at the state level and staff will be
56 reporting on that soon.
57
58 There was concurrence that the discussion on the matter will continue and the council
59 would like to request feedback from the charter commission. Staff should provide to the
60 commission the pros and cons mentioned at this meeting.
61
2
Traffic Signal Referendum
November 2
Main Street Birch Street
Lake Drive Ware Road
Residents of Lino Lakes have asked City officials to add signals at two
Anoka County road intersections in the city: Lake Drive/Main Street and
Birch Street/Ware Road. Traffic at these intersections has steadily increased,
causing congestion and delays. Traffic studies at each intersection supported
the need for signalization and related improvements.
Residents will have the opportunity to support or reject these projects on
Election Day November 2. A ballot question will ask whether the City of
Lino Lakes should be authorized to issue general obligation bonds not to ex-
ceed $1,840,000 to provide funds for signals at both intersections, including
required improvements such as turn lanes and storm sewers. Anoka County
would provide $834,000 toward the project on Lake Drive and Main Street,
for a cost of both projects totaling $2,593,000.
If voters approve the projects, construction would begin in 2012.
Referendum Question
Shall the City of Lino Lakes be authorized
to issue its general obligation bonds in an
amount not to exceed $1,840,000 to provide
funds for constructing traffic signals and other
improvements to the intersection of Main
Street and Lake Drive and the intersection of
Birch Street and Ware Road in the City? (By
voting "yes" on this ballot question, you are
voting for a property tax increase.)
Impact to Taxpayers
If the projects are approved, the annual
tax impact over the next 15 years would
be:
$200,000 home: $18.30/year
$300,000 home: $27.45/year
$400,000 home: $36.59/year
$500,000 home: $45.75/year
Main Street & Lake Drive
Proposed Improvements
Summary of Improvements for Lake Drive & Main Street
• Traffic Signals at Lake Drive & Main Street
• Exclusive left and right turn lanes
• Restriping of the existing roadway and widening on the intersection legs.
• Crosswalk and pedestrian timers
Birch Street & Ware Road
Proposed Improvements
Summary of Improvements for Birch Street & Ware Road
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• Traffic Signal at Birch Street and Ware Road
• Hokah Drive, approximately 350 feet east of the Ware Road intersections, will be restricted to
right in/right out through a raised median on Birch Street
• Hokah Drive north of Birch Street is an existing dead end street, so access will be constructed
by connecting Sioux Lane to Hokah Drive, as provided in the city's transportation plan, allowing
Hokah Drive residences to access the signalized Ware Road.
• The northbound approach on Ware Road will be reconstructed to provide an exclusive right -
turn lane. This will match the southbound approach and improve traffic operations and safety
under signal control.
• Crosswalk and pedestrian timers
For Additional Information:
Michael Grochala, Community Development Director
City of Lino Lakes
651-982-2427
michael.grochala@ci.lino-lakes.mn.us
or
Jim Studenski, City Engineer
City of Lino Lakes
651-982-2430
jim. studenski@ci.lino-lakes.mn.us
LINO LAKES CHARTER COMMISSION
BY-LAWS
Amended July 8, 2010
ARTICLE I - THE COMMISSION
Section 1. Name of Commission. The name of the Commission is the "Lino Lakes
Charter Commission". (amended 7-8-2010)
Section 2. Purpose. The purpose of the Commission is to serve as custodians of the
Lino Lakes City Charter in accordance with state laws, these by-laws and rules of the Charter
Commission.
Section 3. Office of Commission. The offices of the Commission are at the Lino
Lakes City Hall for purposes of official commission business.
Section 4. Members. The commission is composed of 15 members. Members terms
are for four (4) years starting January 1 and members shall serve their terms until their successors
are appointed and have qualified, subject to state law.
Section 1.
Secretary.
ARTICLE II - OFFICERS
Officers. The officers of the Commission are the Chair, Vice -Chair and
Section 2. Chair. The Chair shall call the regular meetings of the Commission,
prepare, the agenda, preside at all meetings, oversee the implementation of the decisions of the
Commission and act as the primary liaison with City staff The Chair retains all the rights and
responsibilities held as a member of the Commission including the right to vote. Each year on or
before the April meeting, the Chair shall submit to the Commission for its approval, an annual
report summarizing the activities and accomplishments of the Commission for the preceding
calendar year. The annual report to the Commission may contain the Chair's recommendation
for Commission activities for the ensuing year. (amended 4/12/2007)
Section 3. Vice -Chair. The Vice -Chair shall perform the duties of the Chair during
the Chair's temporary absence, and shall perform such duties during the vacancy of that office
until the Commission elects a new Chair.
Section 4. Secretary. The Secretary shall maintain the records, record the minutes
and votes at each meeting, and submit approved minutes and relevant materials to the City Clerk
for the purpose of maintaining a permanent record for public review. On or before December
31st of each year. the Secretary shall submit to the Chief Judge of the District Court, the City
Clerk and the Commission members, the Chair's approved annual report. The Commission may
designate by majority voice vote an Assistant Secretary from the Charter Commission
membership whose duties shall be to assist the Secreta y. and to perform the duties of Secretary
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/'1 in the event of the absence or vacation of office by the Secretary until such time as the
Commission elects a new Secretary.
Section 5. Compensation; Expenses. The members of the Commission shall
receive no compensation, but the Commission may employ an attorney and other personnel to
assist in amending or revising the City Charter, and the reasonable compensation and cost of the
printing of such Charter, when directed by the Commission shall be paid by the City. The
amount of reasonable and necessary Commission expenses shall be paid by the City, which
expenses cannot exceed $1,500.00 in any one (1) year unless the City Council authorized
additional expenses pursuant to Minnesota Statutes Section 410.06, as amended.
Section 6. Additional Duties. The officers of the Commission shall perform such
other duties and functions as may from time to time be required by the Commission or its by-
laws or rules.
Section 7. Elections. The Chair, Vice -Chair and Secretary shall be elected from
among the members of the Commission at the first meeting after January 1 in even -numbered
years and shall hold office for two (2) years or until their successors are elected and qualified.
The Chair shall conduct the election. Officers shall be declared elected and qualified by a simple
majority vote of those present and voting. Newly elected officers shall take office at the close of
the meeting in which the election is held. No officer shall be eligible to hold more than two (2)
consecutive terms in the same office. In filling vacancies for unexpired terms, an officer who has
served more than half of a term is considered to have served a full term in that office.
Section 8. Vacancies. A vacancy in the office of Chair, Vice -Chair or Secretary,
including a vacancy pursuant to Minnesota Statutes, Section 410.05, shall be filled by a special
election by the Commission at its next meeting with the elected successor serving the unexpired
term of office.
Section 9. Appointments. At least four (4) months prior to the expiration of any seat
on the Commission, the Chair shall notify the City Clerk the names of the incumbents and their
expiration of office date so that the Clerk may publicize the availability of openings on the
Commission together with a summary of the application process. The Chair shall also notify the
affected incumbents. Should a member not finish his or her term on the commission, the Chair
shall notify the City Clerk of that opening immediately to allow for prompt filling of that
position. Following notification of the City Clerk, the Chair shall follow the appointment process
for any openings on the Commission and shall ensure that the proper and timely notification be
given to the new and/or returning members following their appointment to the Commission.
Section 10. Resignations. Persons resigning shall submit a written resignation to the
commission on or before the next scheduled meeting.
r•\ ARTICLE III - MEETINGS
Section 1. Regular Meetings. The Commission shall meet on the second Thursday
of January. April. July and October of each year. When the business of the Commission cannot
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be appropriately handled at the quarterly meetings or business from a special meeting is not
completed and necessitates additional meetings, the Commission shall establish, by resolution, a
schedule of regular meetings. All meetings shall be held in the Lino Lakes City hall unless
meeting notices state otherwise. All meetings shall comply with the Minnesota Open Meeting
Law (Minnesota Statutes, Section 471.705).
Section 2. Special Meetings. The Chair or any two (2) members of the Commission
may call a special meeting to transact any business stated in the meeting notice in accordance
with state law. Notice of the special meeting shall state the time, date, place and business to be
conducted at the special meeting. Notices may be delivered or mailed to the member's
designated mailing address at least three (3) working days prior to the special meeting. The
business to be considered at special meetings shall be limited to that stated in the meeting notice
unless all members of the Commission are present and vote unanimously to conduct additional
business.
Section 3. Quorum. The powers of the Commission shall be vested in the members
thereof in office from item to item. A majority of qualified and acting members shall constitute a
quorum for the purpose of conducting the Commission's business and exercising its powers and
for all other purposes, but a smaller number of members may adjourn from time to time.
Section 4. Order of Business. The Commission shall use the following order of
business at its meetings:
1. Roll Call
2. Approval of Minutes
3. Reports of the Chair
4. Reports of Committees
5. Unfinished Business
6. New Business
7. Adjournment
All resolutions shall be recorded in the minutes of the Commission meetings. The meetings will
be conducted in accordance with Robert's Rules of Order, Revised, latest edition.
Section 5. Manner of Voting. The voting on all questions coming before the
Commission shall be recorded in the minutes, which shall state what was done and not what was
said. The votes on resolutions, unless unanimous, shall state the number of "ayes" and "nays"
and "abstentions". When a quorum is in attendance, action may be taken by the Commission
upon a vote of the majority of the members present unless another provision of these by-laws
specifically states otherwise.
Section 6. Committees. The Commission may establish and appoint committees.
Each committee must designate a Chair.
Section 7. Discharge of Members. Any member who has failed to attend two (2)
consecutive meetings without being excused by the Commission shall be discharged according to
the provisions of Minnesota Statutes, Section 410.05. Subdivision 2, as amended.
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Article IV - Amendments
Section 1. Amendment Procedure. The Commission by-laws may be amended by a
resolution, made in writing, and adopted by a two-thirds majority vote of qualified and acting
members at a properly noticed meeting of the Commission. The Secretary shall number each
amendment, noted the date of adoption, and have it distributed to the members and the City
Officers.
Section 2. Records. The Chair shall ensure that each member received a copy of the
City Charter and the Commission by-laws. The City Charter, the Charter Commission by-laws
and the Charter Commission minutes shall be kept on file at the City Offices and made available
for public review.
ADOPTED: April 28, 1994
Amendment No. 1, July 11, 1996
Amendment No. 2, July 13, 2000
Amendment No. 3, January 8, 2004
Amendment No. 4, April 12, 2007
Amendment No. 5, July 8, 2010
AMENDMENT NO. 1 - JULY 11, 1996
Article I,
Section 4. Members. The Commission is composed of 15 members. Member
terms are for four (4) years starting on January 1 and members shall serve their terms
until their successors are appointed and have qualified, subject to state law.
Article II,
Section 7. Elections. The Chair, Vice -Chair and Secretary shall be elected from
among the members of the Commission at the first meeting after January 1 in even -numbered
years and shall hold office for two (2) years or until their successors are elected and qualified .. .
"Bold" color indicates the change or changes.
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r� AMENDMENT NO. 2 - JULY 13, 2000
Section 9 of Article II was replaced. The original and replacement sections are as follows:
Original
Section 9. Appointments. The Chair shall notify the City Clerk -Treasurer at least
three (3) months prior to the expiration of any seat on the Commission, of the names of the
incumbents and their expiration of office date so that the Clerk -Treasurer may publicize the
availability of openings on the Commission together with a summary of the application process.
The Chair shall also notify members eligible for re -appointment at this time.
Replacement
Section 9. Appointments. At least four (4) months prior to the expiration of any seat
on the Commission, the Chair shall notify the City Clerk the names of the incumbents and their
expiration of office date so that the Clerk may publicize the availability of openings on the
Commission together with a summary of the application process. The Chair shall also notify the
affected incumbents. Should a member not finish his or her term on the commission, the Chair
shall notify the City Clerk of that opening immediately to allow for prompt filling of that
position. Following notification of the City Clerk, the Chair shall follow the appointment process
for any openings on the Commission and shall ensure that the proper and timely notification be
given to the new and/or returning members following their appointment to the Commission
AMENDMENT NO. 3 — January 8, 2004
In Section 4 of Article II the two occurrences of City Clerk -Treasurer were replaced with City
Clerk.
In Article II there are two headings labeled Section 9. The first was changed to Section 8.
AMENDMENT NO. 4 — April 12, 2007
Article II, Section 2, amended as follows:
Each year at the October on or before the April meeting, the Chair shall submit to the
Commission for its approval, an annual report summarizing the activities and accomplishments
of the Commission for the preceding calendar year.
AMENDMENT NO. 5 — July 8, 2010
Article I, Section 1, is amended as follows:
Section L Name of Commission. The name of the Commission is the "City Charter of Lino
Lakes, Minnesota" '`Lino Lakes Charter Commission".
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