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HomeMy WebLinkAbout08/09/1993 Council Minutes22 COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES AUGUST 9, 1993 , DATE 1993 TIME STARTED TIME ENDED :: • MEMBERS;: PRESENT; Astl*.or iltiterthet, Elliott, Bergeson; MEMBERS:..ABSENT<:None. Staff members present: City Attorney, Bill Hawkins; City Engineer, Darrell Schneider; Parks Director, Marty Asleson; Consulting Engineer, John Powell; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. Mayor Reinert introduced two (2) special guests from Esi, Japan; Tomoki and Tashishi. They are foreign exchange students living with the Jeff Joyer family and the Blake Rivard family. Tomoki and Tashishi are studying English and have the opportunity to practice speaking English by becoming foreign exchange students. Tomoki and Tashishi present a gift to Mayor Reinert. Mayor Reinert presented gifts to the boys and asked them to take a gift to the Mayor of Esi. Mayor Reinert thanked the students and their host families for coming this evening. SETTING THE AGENDA Council Member Kuether added Public Works Report under Old Business. CONSENT AGENDA Council Member Neal moved to approve the consent agenda as presented. Council Member Kuether seconded the motion. Motion carried unanimously. ITEM DISPOSITION MINUTES: Council Meeting, July 26, 1993 PAGE 1 Approved 1 1 2 COUNCIL MEETING AUGUST 9, 1993 DISBURSEMENTS: July 31, 1993 August 9, 1993 Centennial Fire Department REGULAR MEETING OPEN MIRE Approved Approved Approved Recreation Department Update - Mr. Bernstein is ill this evening. This report will be delayed until the August 23, 1993 Council meeting. No one else appeared under open mike. REVIEW OF BUSINESS SURVEY Brain Wessel, Chairman of the Economic Development Authority Advisory Board explained that the 1993 Strategic Plan for Economic Development contained two main missions: 1) maintain and encourage growth in existing businesses in. Lino Lakes, and 2) facilitate the development of quality commercial, retail and industrial businesses in Lino Lakes. As part of the first year action plan, a Business Retention Program was developed. The goal of the program is to create an atmosphere of partnership with local businesses. A computerized roster of existing businesses was created that can be continually updated as new businesses come into the City. A letter and a survey was prepared and mailed to all existing businesses. The purpose of the letter was to help identify local businesses' needs and concerns. The business survey was presented to the City Council and Mr. Wessel reviewed the response to the survey. The purpose of the survey was to determine what business owners in Lino Lakes planned for the future in terms of expansion of their business and facilities. Forty five of the 115 surveys were returned and the results have been compiled. Certain businesses that are considering either expansion or relocation have been targeted and personal contact is being made with them to communicate EDAAB's desire to lend support, find solutions to problems or facilitate their expansion within the City if possible. Mr. Wessel explained the contents of the survey and some of the responses. PAGE 2 24 COUNCIL MEETING AUGUST 9, 1993 Mr. Wessel said he felt the survey was a positive step forward and he feels good about the interaction with the business community. In the upcoming months, EDAAB will be considering ways to work in cooperation with local businesses. The Business Retention Program strategies may include devising a plan for making personal contact with all businesses in Lino Lakes; establishing a policy for support and involvement in local business grand openings; establishing a program for recognizing achievements of local businesses. Mr. Wessel noted that Lino Lakes does not have a business group. Such a group would allow businesses to get together and discuss problems and concerns as well as positive issues. He also noted that EDAAB is looking for ways to expand its influence with existing businesses. Council Member Bergeson asked if there are inquiries from potential new businesses. Mr. Wessel explained that things are moving ahead in this area and gaining momentum. Mayor Reinert thanked Mr. Wessel for his report and noted that Mr. Wessel is currently working with the Charter Commission in a positive manner. ENGINEER'S REPORT Consider Authorization for City Staff to Accept a Proposal from the Rice Creek Watershed District (RCWD) for a Flood Study of the 4th Avenue Ditch Area for Surface Water Management Funding - Mr. Schneider explained that there is a drainage problem in Section 5 that has been causing the ineffectiveness of on-site sewer systems in the area. He and Mr. Volk have walked much of the area and found the problem to be very extensive and dependent on a solution that would include work on ditches south of Main Street. Lino Air Park has requested an expansion across a county ditch. There is a question on the sizing of culverts for this crossing and the elevation of the 100 year flood level. In the review of Behm's Century Farms, a question was raised about the ordinary high water and 100 year flood level. According to RCWD there has never been a hydrologic study done on this ditch system. Mr. Schneider explained that he has negotiated a Hydrologic Flood Study of the 4th Avenue ditch that would be a joint project with the RCWD and result in a report prepared by the RCWD engineer, Steve Woods of Montgomery Watson. The Lino Lakes cost share would be $7,500.00. PAGE 3 1 1 1 ` 1J COUNCIL MEETING AUGUST 9, 1993 Following the study, RCWD may be able to justify spending maintenance funds on this ditch system. If the work can be justified, significant work would be done yet this year. Mr. Schneider strongly recommended that Lino Lakes proceed with the proposal. It is his opinion that there is no other way for Lino Lakes to deal with these problems at a comparable cost. The necessary funds would come from the Surface Water Management Fund. Lino Air Park could contribute enough funds to do this project. Mr. Schneider requested authorization to sign the RCWD/Montgomery Watson letter of proposal initiating the Lino Lakes Flood Study at an estimated cost of $7,500.00. Council Member Kuether moved to authorize staff to enter into an agreement with the RCWD for a Flood Study of the 4th Avenue ditch area. Council Member Neal seconded the motion. Council Member Bergeson noted that water management will be an ongoing problem for the City and the only source of funding is the fees charged to the developers. He was concerned that funding will end when the development ends but the water problems will continue to exist. Mr. Schneider explained funding for the Surface Water Management Fund comes from several sources not just developers. He felt that there should be funds available in the future. Voting on the motion, motion carried unanimously. SECOND READING, ORDINANCE NO. 93 - 09, AMENDING THE LINO LAKES CITY CODE BY ADDING SECTION 904, DECLARING WEEDS AND GRASS OVER EIGHT (8) INCHES IN HEIGHT AND WEEDS WHICH HAVE GONE TO SEED OR GROWING IN THE CITY OF LINO LAKES TO BE A NUISANCE, AND PROVIDING A METHOD FOR THE REMOVAL THEREOF Mr. Asleson explained that the first reading of this ordinance was held at the July 26, 1993 City Council meeting. At the first reading, the Public Works Director suggested a revision of 904.05 Exclusions (3) from park land to City owned and/or controlled property. The revision has been incorporated into the ordinance. Mr. Asleson recommended approval of the ordinance. Council Member Kuether expressed concern that the City should be excluded from some provisions while the private property Awner would be required to follow all provisions. She felt it may not be fair to pass an ordinance that the citizens must follow but not the City. Mayor Reinert explained that this does happen. Mr. Asleson explained that there are some areas in the City that PAGE 4 2 COUNCIL MEETING AUGUST 9, 1993 should not be mowed such as natural prairie restoration areas, nesting areas, etc. He noted that full right-of-way areas are not mowed in the rural areas thereby leaving areas for wild life habitation. Also mowing all areas owned/controlled by the City would be costly. Mr. Asleson explained that the ordinance was drafted citizen complaints of neighbors who do not•take care property in subdivisions and similar neighborhoods. that systematic inspections are not considered. The a tool to be used to respond to complaints. to address of their He noted ordinance is Council Member Kuether moved to delay the SECOND READING of Ordinance No. 93 - 09 until further information is received from the Public Works Director. Council Member Neal seconded the motion. Motion carried unanimously. SECOND READING, ORDINANCE NO. 93 - 12, CAMPAIGN CONTRIBUTIONS REPORTING REQUIRED The City Council held the first reading of this ordinance on July 26, 1993. Several concerns were raised by Council Member Bergeson. The first reading was approved and Mayor Reinert asked that the concerns be discussed at the August 3, 1993 Council work session. The concerns have been addressed and the ordinance has been revised to reflect the concerns. Council Member Bergeson asked if the candidate must comply with the new State Statute limiting the amount of contribution to his own campaign. The Secretary of State's office and the League of Minnesota Cities was consulted as well as the Mr. Hawkins. Since this question had not been raised previously, some time was need to determine that the candidate can spend as much as he wants to on his own campaign. However, he will be required to report his contribution. Council Member Elliott explained that she favors full disclosure of campaign contributions. This ordinance requires disclosure of all contributions over $25.00. She asked that this portion of the ordinance be monitored with the idea that in the future it can be amended to provide full disclosure. Council Member Bergeson explained that he feels if the candidate can contribute unlimited money to his own campaign, this may cause a "hole" in the ordinance. He felt that there should be some limit on the amount a candidate can contribute on his own behalf. Mr. Hawkins noted a Supreme Court ruling indicating such a restriction would violate the First Amendment. He noted that there are some provisions in state law, however, they concern PAGE 5 1 1 1 1 1 COUNCIL MEETING AUGUST 9, 1993 qualifying for public campaign funding. Mayor Reinert noted that originally he had proposed enacting this ordinance in an effort to prevent a group (special interest group) or an individual from trying to "buy" an election. He said he could see no reason why someone should not be able to contribute whatever they wished to their own campaign. Voting on the motion, motion carried unanimously. Ordinance No. 93 - 12 can be found at the end of these minutes. FIRST READING, ORDINANCE NO. 93 13, INCREASING SALARIES OF MAYOR AND COUNCIL MEMBERS Mr. Schumacher explained that in evaluating compensation adjustment for City staff, a salary survey was conducted using cities of comparable size, growth patterns and levels of service. By using this same survey and comparing City Council compensation figures, the survey indicates that the Lino Lakes Council compensation is approximately $1,000.00 per year below the average. In order to be consistent with the compensation policy, all elected officials positions should be brought up to the metro average. Mr. Schumacher noted that the last Council salary adjustment was effective January 1, 1990. He explained that the ordinance enacting a salary adjustment must be passed prior to a municipal election and cannot be effective until after the election. Mrs. Joyce Tufts, 6540 West Shadow Lake Drive asked what compensation other cities provide their city councils. Mr. Schumacher read the names of cities he used in his survey and the amounts of the council compensation. Council Member Bergeson explained that the compensation presented in the ordinance does not reflect the compensation the City Council receives for attending work sessions. He noted that the City Council always holds two (2) work sessions each month and each Council Member receives $40.00 per session. Council Member Bergeson felt that this information should be part of the published City Council compensation package. Council Member Neal noted that City Council members attend many other meetings including budget meetings and do not receive additional compensation for these meetings. ,. Mr. Schumacher noted that the figures he is proposing for compensation are averages. He also noted that he used the same communities for his survey as were used for staff compensation PAGE 6 2 r' 2. . COUNCIL MEETING AUGUST 9, 1993 adjustments. Mrs. Tufts said she was concerned because costs keep going up for Lino Lakes. She noted that Lino Lakes ranks ninth in property taxes. Council Member Neal noted that much of this problem can be attributed to the school taxes. Mayor Reinert explained that this concern is why the City Council is concerned about tax diversity and encouraging industrial and commercial development. Mrs. Tuft explained that she has lived in Lino Lakes since 1957 and has heard the same thing and yet nothing is being done. She noted that at first the City Council said that commercial development will not come until sewer is available. However, when sewer became available, the developers benefitted and not businesses. Mayor Reinert said that this is a "catch 22" because businesses will not come to an area until there is enough population to support the businesses. Now the population will influence the growth of business in the area. Mrs. Tuft referred to the annexation matter with the City of Centerville. Mayor Reinert explained that Centerville is trying to "grab" a portion of prime commercial property in Lino Lakes. He noted that the City is doing all that is possible to protect this property. Council Member Neal moved to adopt the first reading of Ordinance No. 93 - 13 and dispense with the reading. Council Member Elliott seconded the motion. Motion carried with Council Member Bergeson voting no. ATTORNEY'S REPORT Consideration of Accepting Right -of -Way and Easement, Apollo Drive Improvement and Authorizing Payment of $1,650.00 - Mr. and Mrs. Steven Leese have agreed to convey to the City Parcel 6, Lino Lakes Right -of -Way Plat No. 1 and a temporary easement for a payment of $1,650.00. City Council acceptance of the right-of- way and easement are required so that the warranty deed can be recorded at Anoka County. Mr. Hawkins explained that the compensation is within the area established by the City appraiser. Council Member Kuether moved to accept the right-of- way and temporary easement. Council Member Neal seconded the motion. Motion carried unanimously. PUBLIC HEARING, COUNTRY LAKES ESTATES IMPROVEMENT, RESOLUSION NO. 46 - 93 ORDERING PLANS AND SPECIFICATIONS FOR COUNTRY LAKES ESTATES Mayor Reinert opened the public hearing at 7:34 P.M. PAGE 7 1 1 1 COUNCIL MEETING AUGUST 9, 1993 Mr. Powell used the overhead projector and explained that this plat contains 58 lots and is located east of West Shadow Lake Drive and north of Birch Street on the south edge of Reshanau Lake. He presented a summary of the improvements noting that the total costs are estimated to be $761,356.00. Mr. Powell outlined a summary of the assessments for the subdivision which are estimated to be $884,137.98. An estimated typical lot assessment is $13,200.00. He noted that Living Waters Church will receive their utility services through this subdivision and they have been notified what their estimated assessment will be. Mr. Powell presented a time schedule for the improvements and noted that the project may be constructed in phases. Council Member Kuether asked why it costs so much to develop in Lino Lakes as compared to other cities. Mr. Powell explained that this is an estimated cost and there may be some credit given to the developer for trunk sewer. The final costs will depend upon the bids for construction of services. Council Member Kuether noted that the estimated cost is about $1,000.00 higher than presented last year. Mr. Powell explained that the estimates are based on recent projects in the City. He also noted that costs are rising. Council Member Neal asked where the drain tile will be installed. Mr. Powell explained that the drain tile will take ground water and direct it to the ponds. The intent is to lower the ground water table. Council Member Bergeson noted that Reshanau Lake Estates South has many ponds and asked Mr. Schneider if the ponds performed as they were planned. Mr. Schneider explained that there were some problems in the 4th and 5th additions. Mr. Powell will be preparing a report on this matter. Council Member Bergeson asked Mr. Schneider is he felt the engineering standards for ponds are adequate. Mr. Schneider said yes. Mr. Schneider explained that staff has been working closely with the developer of County Lakes Estates and he has been paying all costs. He will be the only person assessed for this subdivision. Mayor Reinert opened the public hearing for audience comment. Mr. Donald Dunn, 6885 Black Duck Drive explained that he had some concerns about the potential degradation of Reshanau Lake: and other future problems relating to this development. He asked who will manage this development to be sure that lake residents will not be encumbered with additional expenses created by this subdivision. He also noted that last year a moratorium was put PAGE 8 2 9 30 COUNCIL MEETING AUGUST 9, 1993 in place to allow time for staff to prepare a "economic impact study". The purpose of the "economic impact study" was to enable staff to make a comprehensive study of each proposed new development to determine if that development carried its own weight or would add additional financial burdens on the City. Mr. Dunn asked if such a study had been prepared for this subdivision. Mr. Schneider explained that the City Council had ordered the preparation of this study. However, funding was not available to have a consultant complete the study. Staff is working to complete the study along with its regular work. It is not expected to be completed this year. Mr. Schneider explained that the City does have a policy that each development pay its own way. This development will complete the Reshanau Lake trunk gravity system and it fits into the Lino Lakes Comprehensive Land Use Plan. It is also a "fill-in" development. Mr. Dunn explained that he misunderstood and thought that the purpose of the study was to find whether a particular development would create a positive or negative cash flow for the City. Mayor Reinert explained that it is hoped that in the near future this can be done. However, since the study is being prepared inhouse, it is going slower than anticipated. Mayor Reinert also noted that when a developer comes into a City and meets all codes and ordinances, it is very difficult to deny the project. Landowners do have the right to reasonable use of their property. Mr. Powell explained that RCWD is the governing watershed body. Engineering information is being prepared to submit to them for permits. RCWD requires that no subdivision can increase the water discharge from the area than was discharged prior to the development. Mr. Dunn asked if ponds in the subdivision will be deep enough to prevent sediment from discharging directly into the lake. Mr. Powell said that no direct discharge will be allowed. Mr. Dunn asked if there will be lake shore lots. Mr. Powell displayed the Country Lakes Estates plat and noted the lots that will abut the lake. Mr. Dunn asked if the lots met the 100 year high water mark. Mr. Powell explained that these lots are large because not all of the lot area meets the 100 year high water mark. However, the square footage required by the City ordinances do meet this requirement. Mr. Dunn asked if there will be covenants restricting lot owners from developing the lots. He also asked if the City will allow development in the cattails and access to the lake. It was explained that any work done in the protected areas of each lot must be permitted., from the DNR and ACORP. Mr. Dunn noted that on the north end of the lake a developer made a commitment regarding outlots that could be used as lake access. PAGE 9 1 1 1 COUNCIL MEETING AUGUST 9, 1993 He said he hoped that history did not repeat itself and the City would make sure that everything is in place and the people understand what they are buying. Mr. Powell noted that no outlot or common lot is platted on the lake shore. Mr. Dunn said he hoped that there is some "teeth" in the ordinances and in the permits to protect the lake. There was discussion regarding how much of the vegetation that can be cut by the new homeowners. Mayor Reinert asked that a specific answer be researched and presented to the City Council on this matter. Mr. Dunn noted that a variance was granted for several lots that do not meet the 100 year flood mark. He asked what this meant, does it mean that these lots could flood and there would be potential liability to the City. Mr. Powell explained that the plat has been changed. One (1) lot was eliminated thereby creating greater lot area to the other lots. All lots now conform to the lot area requirements. Mr. Dunn noted that there is a Outlot A and asked if any outlot could be used in common by all the lot owners. Mr. Powell explained that there are no multipurpose lots for use by the entire community. Outlot A will be used for ponding. Mayor Reinert said that he will have an answer regarding removal of vegetation on the shoreline. Jack Tufts, 6540 West Shadow Lake Drive said that the lake has flooded considerably more than what was experienced this year. He suggested that the City consider a 500 year flood zone. He noted that at some time a lake resident is going to experience a great deal of loss. Mayor Reinert explained that if the City Council were to enact a 500 year flood zone, there would be not development in Lino Lakes. Mr. Tufts felt it was not unreasonable and noted that the development north of Lino Lakes affects the water table here. Mayor Reinert said that the City must deal with the regulations imposed by the ACORP. Mr. Tufts referred to a newspaper article stating that City pumps were being used throughout the community. He asked if the City is responsible for some of these homes that are built to low. Mayor Reinert explained that rules and regulations have changed and homes are no longer being constructed that low. However, the ACORP does set the standards and Lino Lakes does have a problem with the high water table. Mr. Tufts asked who is responsible for the maintenance of the ditch coming north from Reshanau Lake Estates. He noted that there have been many problems with the lake. Mr. Schneider PAGE 10 COUNCIL MEETING AUGUST 9, 1993 explained that the surface water management plan will address these problems and describe how to deal with them. When the plan is completed, the staff will be able to address these problems. Mr. Tufts noted the recent newspaper articles regarding the Vadnais Heights holding ponds. It appears that the pond levels have raised and now basements are being flooded. It was noted that the City Engineer is now evaluating the problem. Council Member Kuether noted that only a portion of the lots in Country Lakes Estates will be in the flood plain area. The portion of the lot in the flood plain cannot be built on. Joyce Tufts, 6540 West Shadow Lake Drive referred to the proposed street South Shadow Lake Drive and noted that it is planned to be extended to the west through her property.. This upset her because no one has talked to her about the future extension. Mr. Schneider explained that in all new subdivisions, provision has to be made for future development. It also makes good planning sense to prepare for the future so that when you decide to subdivide your property there will be access to a City street. This plan also provides utilities for the Tufts property at no obligation to them. Mr. Schneider said that there is no plan to extend the street to the west. The street and utilities are located for future planning only. Council Member Elliott moved to close the public hearing at 8:16 P.M. Council Member Neal seconded the motion. Motion carried unanimously. Mayor Reinert noted that the City Council cannot order the improvement this evening. A 60 day waiting period begins this evening to allow the persons who are to be assessed to reconsider whether they wish to go forward with the improvement. The developer who is the only person to be assessed can petition that 50 of the 60 day waiting period be waived. Also during this time, staff will research the questions raised during the public hearing. Council Member Kuether moved to approve Resolution No. 46 - 93 Ordering Plans and Specifications for Country Lakes Estates. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 46 - 93 can be found at the end of these minutes. OLD BUSINESS Public Works Department Report - Council Member Kuether noted that the new dump trunk is ready to be delivered to the City. PAGE 11 1 1 1 COUNCIL MEETING AUGUST 9, 1993 The company who is providing the equipment for the truck would like to display the unit at the State Fair. The truck will have the City name on it and it should be great publicity. Mr. Schumacher asked since the City owns the trunk, if someone gets hurt on the truck, would the City be liable for damages? Mr. Hawkins said yes, however, the City could get an indemnification from the company displaying the truck. Mr. Hawkins has the form needed for this matter. Council Member Kuether moved to approve the display of the City dump truck at the State Fair provided that an indemnification is obtained. Council Member Neal seconded the motion. Motion carried unanimously. NEW BUSINESS Consideration of Special Event Application, Beer License Application and Cabaret License Application for Sandbur Days - Mrs. Anderson explained that Sandbur Days will be held September llth and 12th. This annual event requires. the above named three (3) licenses or permits. This is the first event to use the new Special Events form. It has met with some resistance, however, the Parks and Recreation Department staff have assisted in getting the form completed. The beer license application is complete and a certificate of insurance naming the City as insured is attached. The cabaret license is complete. Some of the requirements of the cabaret license are addressed in the special events application. However, the City Code does require that whenever an on sale beer license is issued and entertainment is provided on the premises where the beer is to be sold, a cabaret license is required. Council Member Kuether moved to approve all three (3) licenses. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Resolution No. 47 - 93 Amending the Charter Commission Budget - Mr. Schumacher explained that the Charter Commission budget has been exhausted. The Charter Commission would like to conduct a public meeting at the Rice Lake Elementary School to outline a proposed City Charter amendment. Mr. Schumacher proposed amending the budget by taking $2,000.00 from Non -business Revenues and adding $2,000.00 to the Charter Commission budget. Council Member Bergeson asked if there will be rental charges at Rice Lake Elementary School. Council Member Kuether noted that the outcome of the meeting is very important to the school as PAGE 12 COUNCIL MEETING AUGUST 9, 1993 well as the City and she felt that they would be cooperative. Mr. Schumacher noted that if there is a rental charge, it will come from the same area of the budget. Council Member Elliott moved to adopt Resolution No. 47 - 93 Amending the Charter Commission budget. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 47 - 93 can be found at the end of these minutes. Consideration of Authorizing League of Minpesota Cities Participation in the Charter Commission Public Meeting - The Lino Lakes Charter Commission is presenting a public meeting for potential charter amendments and has requested the assistance of the League of Minnesota Cities. Since the City holds the membership, it will be necessary for the City Council to authorize such participation by the League. Council Member Kuether asked if the League charges for their participation and Mr. Schumacher said no. Council Member Kuether moved to authorize the League of Minnesota Cities to participate in the Charter Commission public meeting. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Bergeson asked if the concert in the park that was scheduled for last evening has been canceled or rescheduled. It was noted that the concert could not be given because there was not enough power for the instruments. Mr. Schumacher will get a report on this matter for the work session scheduled for August 18, 1993. Council Member Neal noted that a ranger program has been started. Ten (10) persons with snowmobiles have volunteered for the program. He suggested training them so that they can also patrol the trails in the summer. Council Member Neal asked if there is something in the budget to fund this program and felt that safety on the trails should be addressed. Mayor Reinert explained that the new Chief of Police will be here in September and suggested that this is something that he should coordinate. Council Member Elliott felt it was worth looking into. Mayor Reinert noted that if the program requires funding, the program must be included in the budget. Council Member Kuether noted that all of the snowmobile complaints came from the south side of Lino Lakes. She suggested that the City Council consider banning snowmobiles in portions of the City especially in the south side. Mayor Reinert noted that this would require a hearing and the Council chambers would be PAGE 13 1 1 1 1 COUNCIL MEETING AUGUST 9, 1993 full of people. He felt properly marking trails and setting up a surveillance program could also be beneficial. Council Member Neal said he would continue to look for volunteers and then turn the program over to the new Chief of Police. Council Member Neal moved to adjourn at 8:34 P.M. Council Member Bergeson seconded the motion. Aye. These minutes were considered, corrected and approved at the regular City Council meeting held August 23, 1993. Ma it G. Anderson Vernon F. Reinert Clerk -Treasurer Mayor PAGE 14 3L f 6 Council Member Neal ordinance and moved its adoption: introduced the following CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 93 — 12 AN ORDINANCE AMENDING THE LINO LAKES CITY CODE BY ADDING A CHAPTER TO READ AS FOLLOWS: CHAPTER NO. 216, CAMPAIGN CONTRIBUTIONS REPORT REQUIRED The City Council of the City of Lino Lakes hereby ordains as follows: I. Section 216.01 Definitions of Terms 1. A "candidate" means any individual for whom it is contemplated or desired that votes may be cast at any election, and who either tacitly or expressly consents to be so considered. An individual shall be deemed to seek nomination for election if he or she has taken the action necessary to qualify himself or herself for nomination of election, has received contributions or made expenditures in excess of $25.00, or has given his or her implicit or explicit consent for any other person to receive contributions or make expenditures in excess of $25.00, for the purpose of bringing about his or her nomination or election. 2. A "committee" means any personal campaign committee or political committee unless the intent is clearly shown to be otherwise. 3. A "contribution" means a transfer of funds or a donation in kind. "Contribution" includes any loan or advance of credit to a political committee, party committee or personal campaign committee, which loan or advance credit is forgiven or paid by an entity other than the political committee, or personal campaign committee to -which the loan or advance of credit is made. If an advance of credit or a loan is forgiven or paid as provided in this definition, it is a contribution in the year in which the loan or advance of credit is made. PAGE 1 1 1 1 3/ A contribution made for the purpose of defeating a candidate is considered made for the purpose of influencing the nomination or election of that candidate or any opponent of that candidate. "Contribution" does not include services provided without compensation by an individual volunteering his time on behalf of a candidate, ballot question, political committee, personal campaign committee or the publishing or broadcasting of news items or editorial comments by the news media. 4. "Depository" means any bank, savings and loan association or credit union organized under federal or state law and transacting business within Minnesota. 5. "Disbursement" means every act by or through which any money, property, office, or position or other thing of value passes or is directly or indirectly conveyed, given, promised, paid, expended, pledged, contributed or lent, and also any money, property, office, or position or other thing of value so given, provided, paid, expended, promised, pledges, contributed or lent. 6. "Donation in kind" means anything of value other than money or negotiable instruments given by an individual or association to a political committee or personal campaign committee for the purpose of influencing the nomination or election of a candidate or for the purpose of promoting or defeating a ballot question. "Donation in kind" includes an approved expenditure. 7. "Election" means: A. A general, special, primary or runoff election; or B. A convention or caucus of a political party held to nominate a candidate. 8. "Person" means an individual, partnership, committee, association, corporation, labor organization and any other organization or group of persons, including a committee organized for political purposes, which is not included in the definition of "political committee or political fund." 9. "Personal campaign committee" means any committee appointed by a candidate for any election. 10. "Political committee". Every two (2) or more persons elected or appointed by a major political party or association for the purpose, wholly or partly, of raising, collecting or disbursing money, or directing the PAGE 2 raising, collecting or disbursing thereof, for nomination or election purposes, and every two (2) or more persons who shall cooperate in the raising, collecting or disbursing of money used, or to be used for or against the election to public office of any person or any class or number of persons, or for or against the adoption of any law, ordinance, or Charter amendment, or to support, oppose or influence any petition for initiative, referendum or recall shall be deemed a "political committee". 11. "Political fund" means any accumulation of dues or voluntary contributions by an association other than a political committee, which accumulation is collected or expended for the purpose of influencing the nomination or election of a candidate or for the purpose of promoting or defeating a ballot question. 12. "Public office" means any elective office as set forth under the Charter of the City of Lino Lakes but does not include judges or other officials as are provided by statute. 13. "Political party" means as association, committee or organization which nominates and supports a candidate for election to any public office whose name appears on the election ballot as the candidate of such association, committee or organization. Section 216.02 Administration Subdivision 1. City Clerk to Administer. The City Clerk shall be in charge of administering and carrying out the various provisions of this chapter. Subd. 2 City Clerk; Powers and Duties. The City Clerk shall have the following duties and powers: (1) Prescribe, adopt and distribute the form for registration forms, statements and reports required to be filed which shall, whenever possible, be identical to or consistent with state forms. (2) Receive and accept for filing in the City Clerk's office the registration forms, statements and reports required by this chapter. (3) Make the statements and reports filed with the City Clerk available for public inspection and copying. A reasonable fee for the cost PAGE 3 of copying may be charged. (4) Preserve all statements and reports for a period of four (4) years from the date of filing, or, in the event that the committee represents a candidate or party which permanently terminates activity within two (2) years,then said records and accounts shall be kept for two (2) years. (5) Report findings of noncompliance to the City Council acting as the elections board. Section 216.03 Reporting Requirements of Individual Candidates, Committees and Political Funds Subdivision 1. Organization; Funds (1) Every committee and political fund shall have a chairperson and a treasurer, who may be the same person. Every candidate or personal campaign committee shall have a secretary. Either the candidate or the secretary may be designated as the treasurer. (2) No contribution shall be accepted and no expenditure shall be made by or on behalf of a committee at a time then there is a vacancy in the office of treasurer. (3) The treasurer of a committee or political fund and the treasurer of a personal campaign committee shall designate a separate depository for depositing campaign contributions and disbursing expenditures. No more than one (1) depository shall be designated. All monetary contributions received by or on behalf of any candidate or committee or political fund shall, within fourteen (14) days after the receipt thereof, be deposited in a depository account designated "Campaign Fund of (name of committee, fund or candidate)". (4) No funds of a committee, political fund or personal campaign shall be co -mingled with any personal funds of the officers, members, associates of the committee or candidate. PAGE 4 40 (5) Candidates for City offices cannot accept contributions from congressional, statewide, or legislative campaigns and cannot transfer local campaign funds to candidates for constitutional, legislative, or judicial office. (See State Statute 211A.13) (6) The use of campaign funds shall be restricted according to Section 10A.01, State Statutes. (7) Personal use of campaign funds is prohibited according to Section 10A.01, State Statutes. (8) Non-profit corporations and partnerships and for profit corporations campaign contributions are restricted as outlined in State Statute 211B.12. Subd. 2 Record Keeping (1) It shall be the duty of the treasurer of every committee and every political fund to keep a detailed and accurate account of all identification data with respect to both contributions received and expenditures made by such committee. (2) The accounts shall be current within fourteen (14) days after receiving a contribution or making an expenditure. (3) The treasurer shall preserve all records and accounts for four (4) years; provided, however, that in the event that the committee or political fund represents a candidate or party which permanently terminates activity within two (2) years, then said records and accounts shall be kept for two (2) years. (4) Each individual required to file any report or statement as required by this chapter shall maintain records'on the matters required to be reported, including vouchers, canceled checks, bills, invoices, worksheets. Subd. 3 Registration (1) The treasurer of every committee, every political fund and personal campaign shall register with the City Clerk by filing a PAGE 5 a4 l statement of organization no later than fourteen (14) days after the date upon which the committee, political fund or personal campaign receives contributions or makes expenditures in excess of $25.00. (2) The statement of organization shall include: (A) The name and address of the committee or political fund or personal campaign; (B) The purpose of the committee or political fund or personal campaign; (C) The name, address and position of the custodian of books and accounts; (D) The name and address of the chairperson, the treasurer and any other principal officers; (E) The name, address, office sought and party affiliation, if any, of each candidate whom the committee, fund or personal campaign is supporting, or, if the committee or fund is supporting the entire ticket of.any party, the name of the party; (3) Any change in information required in sub- paragraph (2) above shall be forwarded to the City Clerk by the chairman or treasurer of the committee, political fund or personal campaign within ten (10) days of the change. Subd. 4 Campaign Reports (1) Every candidate, the secretary of every personal campaign committee and treasurer of every committee or political fund shall file with the City Clerk the reports required by this section in any year it receives contributions or makes expenditures in excess of $25.00. (2) Every candidate, the secretary of every personal campaign committee and treasurer of every committee or political fund shall file a financial statement as follows: (A) Ten (1) days before the regular or PAGE 6 special election; (B) On January 31 of each year the personal campaign committee or the committee is in existence; and (C) Thirty (30) days after the special or regular election. The statements shall cover all transactions made up to and including the third day before the filing of the statement and not accounted for and reported upon in statements previously filed, except that no transactions shall be made thereafter which are not included in the final statement. Each statement after the first shall contain a summary of all preceding statements and summarize all items theretofore reported under the provisions of this subdivision. (3) Each report under this subdivision shall disclose: (A) Every sum of money and all property, and every other thing of value, received by such candidate or committee or political fund during such period from any source whatsoever which the candidate or committee uses or has used, or is at liberty to use for political purposes, together with the name and address of every person or source from which it was received and the date when each was received, together with the total amount received from all sources in any amount or manner; except that names and addresses of every person or source need not be disclosed if the contribution is $25.00 or less. (B) Every promise or pledge of money, property or other thing of value received by the candidate or committee or political fund during such period, the proceeds of which the candidate uses or has used, or is at liberty to use for political purposes, together with the names of the persons by whom each was promised or pledged, and the date when each was so promised or pledged, together with the total amount promised or pledged from all PAGE 7 43 sources in any amounts or manner; except that the names and addresses of persons by whom each was promised or pledged need not be named if the promise or pledged is valued less than $25.00. (C) Every disbursement by such candidate or committee or political fund for political purposes made during such period, together with the name of every person to whom the disbursement is made, the specific purpose for which each was made, and the date when each was made, together with the total amount of disbursements made in any amounts or manner; and (D) Every obligation, expressed or implied, to make any disbursement incurred by such candidate or committee or political fund for political purposes during such period, together with the names of the person or persons to or with whom each such obligation has been incurred, the specific purposes for which each was made, and the date when each was incurred, together with the total amount of such obligations made in any amount or manner. (4) Requirements respecting reports and statements: (A) The reports or statements required by this chapter shall be signed and certified as true by the person required to file the report or statement. (B) Each contribution in kind shall be valued at fair market value and reported on the appropriate schedule of receipts, identified as to its nature and listed as "contributions in kind". The total amount of goods and services contributed in kind shall be deemed to have been consumed in the reporting period in which received. Each contribution in kind shall be declared as an expenditure at the same fair market value and reported on the appropriate expenditure schedule, identified as "contribution in kind". PAGE 8 (C) Any material changes in information previously submitted and any corrections to a report shall be reported in writing to the City Clerk within fourteen (14) days •following the date of the event prompting the change or the date upon which the person filing became aware of the inaccuracy. The change or correction shall identify the form and the paragraph containing the information to be changed or corrected. (5) Every individual who received a contribution for a committee or political fund or candidate shall, within fourteen (14) days after receipt of the contribution, inform the treasurer of the information required to be kept by paragraph (4). (6) No anonymous contribution or contributions shall be retained by a committee, political fund or candidate, but shall be turned over to the finance department for deposit into the general fund. (7) Exemptions: The City's elections board shall exempt any committee, political fund or political party, or any of their members or contributors, from the provisions of subparagraph (4) if disclosures would expose any or all of them to economic reprisal, loss of employment or threat of physical coercion. The City's elections board shall issue a written resolution to exempt any individual. The• City's election board shall establish a procedure so that any individual seeking an exemption may proceed anonymously if the individual would be exposed to reprisals if the individual's identity were revealed. Subd. 5 Ballot Questions Any individual, committee, political fund, association or corporation that makes any contribution or expenditure to promote or defeat a ballot question shall file reports as required by Subd. 4 Campaign Reports, paragraph (2) of this section. Reports shall be filed with the City Clerk PAGE 9 1 for placing the question on the ballot. Each report shall show the following information, covering the period from the last report to seven (7) days before the filing date: (A) The name and address of each committee, political fund, individual or other person to whom aggregate contributions or expenditures in excess of $25.00 have been made to promote or defeat a ballot question, together with the amount, date and purpose of the contribution or expenditure; except that names and addresses need not be disclosed if the contribution is $25.00 or less. (B) The total amount of contributions and expenditures made to promote or defeat a ballot question; and (C) Identification of the ballot question which the individual, committee, political fund, association or corporation seeks to promote or defeat. For the purpose of this section: (i) "Ballot question" means a question or proposition which is placed on the ballot and which may be voted on by the voters; and (ii) A contribution or expenditure for activities related to qualifying a question for placement on the ballot is a contribution or expenditure to promote or defeat the ballot question. Section 216.04 Violations Subdivision 1. Candidates. Any candidate, or secretary of a personal campaign committee or treasurer of a committee or political fund who receives, accepts, benefits from or, expends any campaign contributions which said candidate, secretary or treasurer knows to have been contributed or expended in violation of this chapter is guilty of a misdemeanor. Subd. 2 Contributors. Any person or responsible officer of an entity who makes a contribution in violation of this chapter is guilty of a misdemeanor. For purposes of this section, "responsible officer" means that person having final decision-making authority to make a contribution where the contributor is some entity other than a person. Subd. 3 Records and Reports. Any person who is required by this chapter to make reports or keep records and PAGE 10 who fails to do so is guilty of a misdemeanor. Section 216.05 Contribution Limitations No individual or committee or political fund shall make contributions to any candidate or committee or political fund with respect to any election for a city office which, in the aggregate exceeds $300.00 in an election year or more than $100.00 in a nonelection year. (Per State Statutes.) No individual or committee or political fund shall make contributions or expenditures to promote or defeat a ballot question which, exceeds $300.00 in an election year or more than $100.00 in a nonelection year. (Per State Statutes.) City candidates cannot accept contributions from congressional, statewide, or legislative campaigns and cannot transfer local campaign funds to such campaigns. (Per State Statutes.) II' This ordinance shall take effect upon its passage by'the City Council and publication as required by the City Charter. Passed by the City Council this 9th day of August , 1993. Vernon F. Reinert, Mayor CS he X / . c ,C Maiilyh G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: none. Whereupon said ordinance was declared duly passed and adopted. PAGE 11 1 1 1 1 1 Council Member Kuether moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 46 — 93 RESOLUTION ORDERING PREPARATION OF PLANS FOR COUNTRY LAKES ESTATES WHEREAS: a resolution of the City Council adopted the 28th day of June, 1993, fixed a date for a Council hearing on the proposed improvement of Country Lakes Estates, WHEREAS: ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held on the 9th day of August, 1993, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. John Powell, TKDA is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the Lino Lakes City Council this h day of August, 1993. Vernon F. Reinert, Mayor Marilyn C Anderson, Clerk -Treasurer Motion for the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same. none. Whereupon said resolution was declared passed and adopted. Council member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 47-93 CONSIDERATION OF AMENDING CHARTER COMMISSION BUDGET WHEREAS, the 1993 Charter Commission budget totals $1,350.00, and WHEREAS, the Charter Commission budget should be amended to reflect increases resulting from additional consultant use and future mailing costs. NOW THEREFORE BE IT RESOLVED, that the following budget amendment be authorized as follows, (Expenditure) Charter Commission Professional Services Advertising Current Amended Difference $1,000 $2,000 $1,000 $ 100 $1,100 $1,000 Total Charter Increase $2,000 (Revenue) Non Business Licenses and Permits $348,000 $350,000 $2,000 Adopted by the City Council of Lino Lak -this 9th day of August, 1993. Vernon F. Reinert - Mayor �l Maril/ynAnderson, Clerk Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: none. Where upon said resolution was declared duly passed and adopted: