2014.02.13 Work Session Packet4141 Douglas Drive North • Crystal, Minnesota 55422-1696
CITY of Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
CRYSTAL
Posted: February 7, 2014
CRYSTAL CITY COUNCIL
WORK SESSION AGENDA
Thursday, February 13, 2014
7:00 p.m.
Conference Room A
Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City
Charter, the work session of the Crystal City Council was held at p.m. on Thursday,
February 13, 2014 in Conference Room A located at 4141 Douglas Drive, Crystal, Minnesota.
I. Attendance
Council members Staff
Peak Norris
Selton Therres
Adams Revering
Budziszewski Mathisen
Deshler Gaulke
Hoffmann Norton
Libby Serres
II. Agenda
The purpose of the work session is to discuss the following agenda items:
• Review of Police Department programming, department functions
• Snow removal on sidewalks
• Tobacco violation civil penalties
• Request for campaign reports on website
• Guns on city property
III. Adjournment
The work session adjourned at p.m.
Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763)
531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529.
"Service with Compassion and Integrity"
TO: Anne Norris, City Manager
FROM: Stephanie K. Revering
DATE: February 6, 2014
SUBJECT: COUNCIL WORK SESSION: 2/13/14
MEMORANDUM
At the work session being held on Thursday, February 13, 2014, I will be discussing the police
department's mission, goals, and general operations for 2014. Appropriate handouts will be
provided at the meeting.
Thank you.
CMemorandum
My of
`CRYSTAL
DATE: February 3, 2014
TO: Mayor and City Council
FROM: Tom Mathisen, Public Works Director
Mark Gaulke, Streets Superintendent
Kim Therres, Assistant City Manager
Anne Norris, City Manager
SUBJECT: Snow Removal — Sidewalks and Trails
BACKGROUND
During last year's budget work sessions, there was discussion about whether the City
should continue its policy of snow removal from sidewalks. It was agreed this
discussion would occur well in advance of the 2014-15 snow removal season.
By way of background, when the Council considered its sidewalk plan in 1995, the
following factors were considered:
- Location of sidewalks and connections to schools, parks or other community
gathering spots;
- Cost for construction of sidewalks; and
- Maintenance of sidewalks.
Since 1997, sidewalks have been constructed on certain State Aid streets as part of the
Street Reconstruction program. The sidewalk program that the Council approved in
2004 includes trails, consistent with the guidance provided in the City's Comprehensive
Plan. Sidewalks provide safe pedestrian routes and are intended to be located on
collector streets and major thoroughfares to link schools, parks, and community
gathering places. Sidewalks are also located along certain streets to provide links
through neighborhoods. Trail systems are also provided in City parks.
There are currently 33.4 miles of sidewalks in Crystal. Of these, 15.3 miles are on
County Roads which the City maintains, both in terms of repairs and snow removal.
The rest are local City sidewalks, of which 6.6 miles are traditional "up in the boulevard"
sidewalks that were built as part of certain initial housing developments, or in rare
instances, by petition from adjoining property owners. These sidewalks are not
currently plowed by City crews. And the balance of 11.5 miles is along State Aid streets
that have been rebuilt as part of the Street Reconstruction Program, are plowed by City
crews. The two types combined total 18.1 miles of City sidewalks.
The City Council initially approved the installation of the State Aid Street sidewalks for
the following reasons: 1) to provide safe pedestrian access on busy streets; 2) provide
a network throughout the City neighborhoods so it would not be necessary to walk more
than a few blocks to get to a sidewalk; 3) the cost of the sidewalks was and continues to
be an eligible for State Aid Funds expense, meaning residents do not have to pay for
the construction. As an added incentive for residents, it was agreed the City would
maintain the sidewalks both in terms of repairs and snow removal. And, to minimize
impact to residential properties and efficiently remove snow, the State Aid sidewalks
have and continue to be constructed immediately behind the street curb rather than in
the boulevard.
Besides the 33.4 miles of sidewalks, there are also 11.6 miles of trails throughout the
City that are maintained and plowed as time allows. The attached map shows the
locations, types, and lengths of all the various kinds of trails and sidewalks.
WINTER MAINTENANCE
The Crystal winter maintenance policy is to plow sidewalks and trails as soon as time
allows after a snow event. For an average four inch snow event, sidewalk maintenance
begins the day after the local streets have been plowed. This is for two reasons, one
being staff limitations, and the second being an attempt to minimize having to make
duplicate passes as County and City streets may be plowed more than once following a
snow event. City policy does not include the application of salt or other types of ice
control chemicals or materials.
It takes approximately 16 plow machine hours to plow all 26.8 miles of County and City
state aid sidewalks at a labor cost of approximately $736, plus a fuel cost of about
$215. This totals to $951 per plowing event. On the average there are 10 sidewalk
plowing events per year for a total of $9,510. Looking at the totals on the attached
map, and assuming at a minimum the County Roads, 36th Avenue, Douglas -Sherburne,
and Corvallis between Broadway and 81sidewalks would be plowed, this adds up to
19.0 miles and 71% of the total snow management annual cost equaling $6,745.
Potentially $2,755 might be saved annually in labor and fuel if all the remaining State
Aid sidewalks received no snow maintenance. But many of these sidewalks connect
neighborhoods to bus routes and other public and commercial amenities. It might be
difficult to select which ones would receive no maintenance.
EQUIPMENT
The city has two Trackless sidewalk plows. These machines are versatile in that they
have other uses in the summer. They are the most popular machine for sidewalk
maintenance as they can be used with either a blower or a rotating broom. There is
$125,000 budgeted in the 2014 PIR to replace a 1994 Trackless machine. As of
October 17, 2013 the low quote for a replacement machine in 2014 was $110,436,
including the value of trading in the 1994 machine. The other Trackless is 10 years old.
Removing snow on miles of sidewalk is hard on these machines due to the nature of
the work. Heaved sidewalk, metal debris from the road, and other obstacles are often
hard to avoid. If the City is to continue plowing even just the County and mainline state
aid sidewalks, it is important to replace the 1994 machine as soon as possible. It
recently had another breakdown costing $800 in parts plus internal labor.
RECOMMENDATION
Sidewalk and trail snow maintenance is an important function of the City Streets and
Parks Departments. The cost and staff time is a very small percentage of the annual
operating budgets and workloads. While it may be true that depending on the weather
of a given winter, miles of sidewalk remain snow and ice covered, it has been the
experience based on the number of phone calls when walks are not plowed, that it
would not be cost effective to try to formulate a process by which some walks would
receive no winter maintenance.
When Public Works staff has completed street plowing, and ice rink clearing and
flooding after a snow event, there are many other ongoing winter time priority functions
that must be done. Sidewalk and trail maintenance are some of these functions.
I:pubworks/sidewalks/sidewalk snow removal - Feb 2014mem.doc
Side
City MSA
(36th ave
Douglas -5
City Non -N
Total City
County Ra
Sidewalks
All Other 1
Total Plow
Crystal Trails,
Sidewalks and Parks
0 0.25 0.5 Miles
N
Memorandum
CITY of
CRYSTAL
DATE: January 14, 2014
TO: Mayor and City Council
FROM: Anne Norris, City Manager
Chrissy Serres, City Clerk
SUBJECT: Tobacco Violations — Civil Penalties
Last year, the Council had extensive discussion on the imposition of civil penalties for
violations of the sale of tobacco to underaged buyers in the context of pending
enforcement matters and in a work session to discuss the issues in depth. There was
discussion about whether the suspension portion of the penalty is too harsh even
though Section 1137.11 of the City Code does provide the Council discretion in
imposing penalties. It was clear there is no agreement among the Council on whether
any changes are necessary to the civil penalties.
Since there are outstanding tobacco violations that will be coming before the City
Council later this year for civil penalties, it would be helpful if the Council could consider
modest revisions to the current language in Section 1137, to minimize the discussion of
policy matters while also trying to arrive at a decision on a pending enforcement matter.
Current language in Section 1137.11 of the City Code:
Subd. 3. Administrative civil penalties; licensee. If a licensee or an employee of a
licensee is found to have sold tobacco to a person under the age of 18 years, or
committed a violation of MinnesotaStatutes Chapter 297F, as amended, the city
council may impose an administrative penalty as follows: (Amended, Ord. No.
2012-01, Sec. 2)
First violation: a civil fine in the amount of $500 and license suspension for a
period of ten days.
Second violation within 24 months after the first violation: a civil fine in the
amount of $750 and suspension of license for a period of 20 days.
Third violation within 36 months after the second violation: a civil fine in the
amount of $1,000 and suspension of license for a period of 30 days.
Fourth violation within 36 months after the third violation: revocation of license.
(Amended, Ord.No. 2001-07, Sec. 2; Ord. No. 2002-09, Sec. 1)
Subd. 6 of Section 1137.11 goes on to give the Council discretion in imposing
penalties: "The city council may impose lesser penalties under subdivisions 2 and 3
when in the judgment of the council it is appropriate to do so, provided that in no event
438592v2 CR205-30
will the amount of any fine or period of suspension be less than the amounts and
periods specified in Minnesota Statutes, section 461.12, subdivisions 2 and 3, as
amended."
Possible changes to Section 1137.11 are:
Subd. 3. Administrative civil penalties; licensee. If a licensee or an employee of a
licensee is found to have sold tobacco to a person under the age of 18 years, or
committed a violation of MinnesotaStatutes Chapter 297F, as amended, the city
council may impose an administrative penalty as follows: (Amended, Ord. No.
2012-01, Sec. 2)
First violation: a civil fine in the amount of up to $500 and license suspension for
a period of te-R up to one days.
Second violation within 24 months after the first violation: a civil fine in the
amount of up to $750 and suspension of license for a period of 2-9 up to 3 days.
Third violation within 36 months after the second violation: a civil fine in the
amount of up to $1,000 and suspension of license for a period of 30 up to 10
days.
Fourth violation within 36 months after the third violation: a civil fine in the
amount of up to $2,000 and suspension of license for a period of up to 20 days
reVGGatinn of Iinonse
Fifth violation within 48 months after the fourth violation: revocation of license.
In addition, if the council intends to use discretion in imposing penalties, the Council
should consider discussing guidelines to include criteria and circumstances which
reasonably justify departing from the presumptive penalties.
Attached is a survey of alcohol and tobacco compliance failure penalties completed in
late 2013 to show how Crystal's civil penalties compare with those in other metro area
cities.
The City Clerk, City Attorney and I will be at the February 13 work session to discuss
possible refinements or changes to the City Code regarding tobacco civil penalties.
Attach:
438592v2 CR205-30
ALCOHOL & TOBACCO COMPLIANCE FAILURE PENALTIES
SURVEY OF SURROUNDING CITIES
NOVEMBER/DECEMBER 2013
CITY
ALCOHOL PENALTY
TOBACCO PENALTY
MISC INFO
Brooklyn
May suspend or revoke license & impose a
1 ' violation: $100
Case-by-case basis based on circumstances, number and type
Center
civil penalty not to exceed $2,000
2nd violation: (same location within 24 mos):
of violation. City may impose additional penalties based on
$200
circumstances of violation and history.
3`d violation: (within 24 mos of 1 st
violation): $250 + suspension for not less
than 7 days
Individuals selling to an underage person are
charged an admin penalty of $50.
Brooklyn
I" violation: $500
1st violation: $75
Tobacco & Alcohol:
Park
2nd violation (same location within 24 mos):
2nd violation (same location within 24 mos):
Other individuals, other than minors, in violation are charged
$750
$200
an adminstrative fee of $50.
3`d violation (same location within 24 mos)_
3`d violation (same location within 24 mos);
$1,000 + 7 days suspension
$250 + 7 days suspension
4'h violation (same location within 24 mos):
4d' violation (same location within 24 mos):
$1,250 + 30 days suspension
$300 + 30 days suspension
5d` violation (same location within 24 mos):
5't' violation (same location within 24 mos):
$1,500 + revocation
$350 + revocation
Crystal
ls'violation: $750 + 1 -day suspension
lst violation: $500 + 10 days suspension
Presumptions regarding administrative penalties: In the event
2nd violation (within 24 mos of l s'
2nd violation (within 24 mos of I st violation):
of any license suspension imposed under subdivision 3, the
violation): $1,500 + 3 days suspension
$750 + 20 days suspension
city council may select which days a suspension will be
3`d violation (within 36 mos of after 2nd
3d violation (within 36 mos of after 2nd
served. Notwithstanding the provisions of subdivision 3, a
license may be revoked for any violation of this section when
violation): $2,000 + 10 days suspension
violation): $1,000 + 30 days suspension
in the judgment of the council it is appropriate to do so. The
4th violation (within 36 mos after 3`d
4th violation (within 36 mos after 3`d
city council may impose lesser penalties under subdivisions 2
violation): Revocation
violation): Revocation
and 3 when in the judgment of the council it is appropriate to
do so.
Fridley
Admin Civil Penalties on Licensee:
Admin Civil Penalties on Licensee:
Tobacco and Alcohol - Admin Civil Penalties on Individuals:
I st violation: $500 (if the license is not paid
I' violation: $500 (if the license is not paid
1st violation: $250
within 20 days, may suspend up to 10 days)
within 20 days, may suspend up to 10 days)
2nd violation: (within 12 mos of I" violation): $500
2nd violation: (within 12 mos of ls'
2nd violation: (within 12 mos of I"
3`d violation: (within 12 mos of after 2nd violation): $750
violation): $1000 (if the license is not paid
violation): $1000 (if the license is not paid
within 20 days, may suspend up to 30 days)
within 20 days, may suspend up to 30 days)
3`d violation: May permanently revoke the
3`d violation: May permanently revoke the
license
license
ALCOHOL & TOBACCO COMPLIANCE FAILURE PENALTIES
SURVEY OF SURROUNDING CITIES
NOVEMBER/DECEMBER 2013
CITY
ALCOHOL PENALTY
TOBACCO PENALTY
MISC INFO
Golden
I" violation:
Admin Civil Penalties on Licensees:
Alcohol: Violations are counted over a period of (3) years. In
Valley
• On -sale liquor: $500 + 1 -day
15` violation: $500 + 5 consecutive days
lieu of the civil penalties and license suspensions, the licensee
suspension
suspension
may choose to surrender the license to sell alcohol for a
• Off sale liquor: $750
2nd violation (within 24 mos): $750 + 15
minimum of 12 mos. Period from the date of license
• On sale wine/3.2 beer: $350 + I -day
consecutive days suspension
surrender.
suspension
3`d violation (within 24 mos): $1,000 + 30
• Off sale 3.2 beer $250 + 1 -day
consecutive days suspension
4`h violation (within 24 mos): Revocation for
suspension
2nd violation:
at least 1 year
• On -sale liquor: $1,000 + 3 days
Admin Civil Penalties on Individuals:
suspension
• Off sale liquor: $1,500 + 1 -day
15S violation: $50
2nd violation (within 12 mos): $100
suspension
3`d violation (within 12 mos): $150
• On sale wine/3.2 beer: $700 + 3 days
suspension
• Off sale 3.2 beer: $500 plus 3 days
suspension
3`d Violation:
• On -sale liquor: $2,000 plus 10 days
suspension
• Off sale liquor: $2,000 plus 6 days
suspension
• On sale wine/3.2 beer: $1,500 plus 10
days suspension
• Off sale 3.2 beer: $1,000 plus 10 days
suspension
4`h violation: Revocation
ALCOHOL & TOBACCO COMPLIANCE FAILURE PENALTIES
SURVEY OF SURROUNDING CITIES
NOVEMBER/DECEMBER 2013
CITY
ALCOHOL PENALTY
TOBACCO PENALTY
MISC INFO
Maple Grove
1" violation (within 3 yrs):
Penalties in Code for tobacco are not
Alcohol: In addition to suspension, Council includes a $2,000
On -sale: suspended for at least 2
specific and refer to Minn. Stat. 461.12 as
penalty. City Council selects the day(s) of suspension.
consecutive days
the minimum administrative penalities to be
Off -sale: may be suspended at discretion of
imposed.
council for up to 2 consecutive days
2nd violation (within 3 yrs):
On -sale: suspended for at least 5
consecutive days
Off -sale: may be suspended at discretion of
council for up to 5 consecutive days
3`d violation (within 3 yrs):
On -sale: suspended for at least 10
consecutive days
Off -sale: may be suspended at discretion of
council for up to 10 consecutive days
4d' violation (within 3 yrs):
On & Off sale: Revocation
New
1S` violation: $1,000
15` violation: $100
Suspension and revocation of licenses is considered on a
Brighton
2nd violation (within 24 mos of violation):
2nd violation (within 24 mos of violation):
case-by-case basis based on circumstances, number and type
$1,500
$200
of violation. The City Council may suspend or revoke a
3`d violation (within 24 mos of after 2nd
3`d violation (within 24 mos of after 2nd
liquor or tobacco license for violation of any provision
or condition of the applicable chapters of the City Code or of
violation): $2,000
violation): $300
any State or Federal law regulating the sale of liquor or
tobacco.
Alcohol & Tobacco (same):
Licensee must pay for training in advance of the training and
1" violation: $250 + 3 days suspension (may elect training in lieu of suspension)
the license suspension will be imposed if the licensee fails to
2nd violation (within 24 mos): $750 + 15 days suspension (may elect training in lieu of 10
make payment. The fee for the city -conducted identification
of the 15 -day suspension)
training is $100.
New Hope
3rd violation (within 24 mos): $1,000 + 30 -day suspension
4`h violation (within 24 mos): Revocation
ALCOHOL & TOBACCO COMPLIANCE FAILURE PENALTIES
SURVEY OF SURROUNDING CITIES
NOVEMBER/DECEMBER 2013
CITY
ALCOHOL PENALTY
TOBACCO PENALTY
MISC INFO
Plymouth
Presumptive Penalty:
Presumptive Penalty:
Alcohol: 1St violations are handled by an administrative
1St violation:
1St violation: $500 + 5 days suspension
hearing with the Police Chief with the presumptive penalty
• On -sale liquor: $500 + 5 days
2nd violation (within 24 mos): $750 + 5 days
given to license holders.
stayed suspension
suspension
• Off sale liquor: $500 + 3 -days
3rd violation (within 24 mos): $1,000 + 10 days
Presumptive Penalty (Alcohol):
stayed suspension
suspension
These penalties are presumed to be appropriate for every
• On sale beer and wine: $500 + 5
4`h violation within 24 mos): Revocation
case; however, the Council may deviate based on
days stayed suspension
circumstances, number and type of violation(s). Maximum
• Off sale 3.2 beer: $1,000 +10 days
Individuals who sell to minors charge a $50
fine of $2,000 + 60 -day suspension. Multiple violations are
stayed suspension
administrative penalty.
computed by checking the time period of the 3 years
2nd violation (within 36 mos):
immediately prior to the date of the most recent violation.
• On -sale liquor: $1,000 + 5 days
suspension
• Off sale liquor: $1,000 + 3 days
suspension
• On sale wine/3.2 beer: $1,000 + 5
days suspension
• Off sale 3.2 beer: $1,500 + 10 days
suspension
3`d violation (within 36 mos):
• On -sale liquor: $2,000 + 10 days
suspension
• Off sale liquor: $2,000 + 7 days
suspension
• On sale wine/3.2 beer: $2,000 +
10 days suspension
• Off sale 3.2 beer: $2,000 + 20 days
suspension
4d' violation (within 36 mos):
• Revocation
ALCOHOL & TOBACCO COMPLIANCE FAILURE PENALTIES
SURVEY OF SURROUNDING CITIES
NOVEMBER/DECEMBER 2013
CITY
ALCOHOL PENALTY
TOBACCO PENALTY
MISC INFO
Richfield
I" violation: $1,000 + 5 days
1St violation: $200
*Revocation hearing at 4h violation: hearing before council
suspension
2"d violation: (within 24 mos): $500 + 2 days
to discuss alternatives available that can be agreed upon by
2"a violation: (within I yr): $1,750 +
suspension (if outside of 24 mos of 1St violation,
council and owner to prevent need to revoke license.
7 days suspension
it's considered a I St violation)
Alternatives determined on case-by-case basis. If no
3rd violation: (within 2 yrs of 2nd
3rd violation: (within 24 mos of 2"d violation):
alternatives exist, license is revoked. If feasible alternatives
violation): $2,000 + 12 days
$700 + 7 days suspension (if outside of 24 mos of
exist, conditions placed on licensee by council. Fine is
suspension
2nd violation, it's considered a 2"d violation)
assessed either way.
4th violation: (within 2 yrs of 3
4th violation: (within 24 mos of 3rd violation):
"Step Back Option" — Each time an establishment sucessfully
violation): $2,000 + *revocation
$1,000 + suspension of up to 60 days, with option
passes a minimum of 2 consecutive compliance checks, a
hearing before council (if violation
to revoke license (if outside of 24 mos of 3ra
licensee can step back a failure level.
occurs outside of 2 yrs of 3
violation, it's considered a 3ra violation). If license
violation, it's considered a 3ra
is revoked, the establishment is ineligible to
violation)
reapply for tobacco license for 1 year from date of
5th violation: (within 2 yrs of 4th
revocation.
violation): $2,000 + revocation for
remainder of license year (ineligible
Licensee must appear before the council after 2nd
for a license for 5 yrs from date of
3ra, or 4th violations. Upon such appearance, the
revocation)
council will reduce the applicable fine by $100.
If a licensee fails to comply with a suspension or
revocation notice, the council may increase the
suspension or the fine, or both, at its discretion.
Other individuals found to be in violation shall be
charged an admin fee of $100.
ALCOHOL & TOBACCO COMPLIANCE FAILURE PENALTIES
SURVEY OF SURROUNDING CITIES
NOVEMBER/DECEMBER 2013
CITY
ALCOHOL PENALTY
TOBACCO PENALTY
MISC INFO
Robbinsdale
Penalties in Code for alcohol are not
Admin Civil Penalties on Individuals:
specific. Council may suspend or
1St violation: council may impose civil fine
revoke a license or impose a civil fine
between $504500
for a violation of city code or any
2nd violation (within 12 mos): council may impose
state or federal law regulating or
civil fine between $50-$750
relating to retail sale of alcohol and
3rd violation (within 12 mos): council may impose
must revoke the license for willful
civil fine between $5041,000
violation. Suspension cannot exceed
Admin Civil Penalties on Licensee:
60 days.
1St violation: council shall impose civil fine
As an alternative to supsending or
between $75-$500. May suspend license for up to
revoking, council may impose a civil
10 days.
fine, the amount of which is
2nd violation (within 24 mos): council shall impose
established by resolution by the
civil fine between $200-$750 + up to 20 days
council..
suspension.
3rd violation (within 24 mos): council shall impose
civil fine between $250-$1,000 + 7-30 days
suspension.
Council may revoke or suspend a license for
violation after notice and hearing.
St. Louis
1St violation: $2,000
1 st violation: $250
At the council's discretion, the occurrence of multiple
Park
2nd violation: (within 3 yrs): $2,000 +
2nd violation: (within 36 mos): $750 + 1 -day
vioations is grounds for deviation from these presumed
1 -day suspension
suspension
penalties.
3rd violation: (within 3 yrs): $2,000 +
3rd violation: (within 36 mos): $2,000 + 3 days
Council may suspend a license for up to 60 days, revoke a
3 days suspension (consecutive
suspension (consecutive business days)
license, impose a civil fee not to exceed $2,000.
business days)
4th violation: (within 36 mos): Revocation
In addition to civil penalities, every licensee violator must
4th violation: (within 3 yrs):
(The above penalties also apply for failure to
enter into and complete an education training program
Revocation
attend mandatory education training.)
approved by the PD.
Kennedy
Graven
CHARTERED
TO:
FROM:
DATE:
RE:
Michael T. Norton
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis MN 55402
(612) 337-9242 telephone
(612) 337-9310 fax
email: mnorton@ kennedy-graven.com
MEMORANDUM
City Manager Anne Norris and City Clerk Chrissy Serres
Michael T. Norton, City Attorney
January 23, 2014
Posting of Campaign Reports
You advise that a citizen has requested that campaign finance reports filed with the City
Clerk be posted on the City's website.
I have researched Crystal City Code ("CCC") § 215.17, subd. 4. This ordinance in part
requires the City Clerk to post campaign finance reports filed by candidates or political
committees by Minnesota Election Law, specifically Minn. Stat. § 211A.02. The reports must be
made to the "filing officer", which in our case is the City Clerk. The reports are maintained for
five years. Typically, campaign finance matters and conduct of campaigns and candidates arising
out of political campaign activity are handled by the Campaign Finance and Public Disclosure
Board, and the City would not be involved directly with these activities.
However, Minn. Stat. § 211A.02, subd. 3, allows charter cities to enact additional
provisions concerning the filing of campaign finance reports. Crystal City Charter Chapter 4, §
4.01 provides that the Council adopts Minnesota Election Law, but also authorizes the Council to
adopt "suitable and necessary regulations for the conduct of elections." CCC § 215.17, subd. 4
provides as follows in pertinent part:
"...the Clerk must, if so directed by the City Council, make the reports, or a summary of
the reports (the campaign finance reports), available on the City's website. "
As a result, in order for campaign finance reports filed with the City Clerk as required by
law to be posted to the City's website, the Council must take a formal action to provide such
direction. In that direction, the Council should determine the scope of the posting, i.e., with what
year should the posting commence, and the target date for on-line posting.
438668vl MTN CR205-30
Anne Norris
From:
Jeff Kolb 0pkolb@gmail.com]
Sent:
Tuesday, January 14, 2014 5:31 PM
To:
Jim Adams; Laura Libby; Anne Norris
Cc:
Chrissy Serres
Subject:
Campaign Finance Reports
Hi all,
I recently met with Chrissy to review campaign finance reports and have a few concerns with the process that is in
place. I ran into Laura last night at the Planning meeting and we discussed this issue in depth. I am still doing some
research on a few of the issues I see, but one thing that could be done right away to alleviate concerns would be to
make the reports available online.
Section 215 of the city code contains this passage:
Subd. 4. Availability, publication
The clerk must maintain the reports filed pursuant to this section in such a manner so as to make them easily accessible
to members of the public. The clerk must, if so directed by the city council, make the reports, or a summary of the reports,
available on the city's website. (Added, Ord. 2004-14, Sec. 4)
According to Chrissy, this request has never been made by the council.
I would like to request that the council considers directing Chrissy to make campaign finance reports available on the
city's website, as provided for in the city's code. Nothing fancy, just scan the paper files, turn them into PDFs, and post
them online.
Can you please let me know if there's something else I need to do to make this request "officially?"
Thanks,
Jeff Kolb
Kennedy
Michael T. Norton
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis MN 55402
(612) 337-9242 telephone
Graven (612) 337-9310 fax
email: mnorton@kennedy-graven.com
CHARTERED
MEMORANDUM
TO: Crystal City Council
FROM: Michael T. Norton, Attorney
DATE: February 6, 2014
RE: Civil Disorder Ordinance/Dangerous Weapons
The Council will recall that in 2013 Police Chief Revering and I collaborated on review and
revision of Section 945 -Use of Firearms in the Crystal Code. At the direction of the Council, we
revised Section 945 to comply with state law regarding regulation of the use of firearms in the
City. Unfortunately, we overlooked Ordinance Section 940 dealing with the banning of
dangerous weapons in City Hall. This ordinance is in a separate Chapter and it was overlooked
during our review. As a result, we need direction from the Council as to how the Council wishes
to proceed with this ordinance.
As we discussed in the past, based on the changes in state law dealing with conceal/carry, any
city's prohibition on the possession of firearms in public buildings would likely be
unenforceable under the state statute. Since Crystal is a charter city, we could argue that our
Charter authority allows us to enforce this ordinance, if the Council directed enforcement. Again,
as we discussed, enforcement of Section 940 under the Charter would also face a significant
obstacle based on the conceal/carry law. It is also possible to consider the weapons ban to be a
rule of decorum with respect to public meetings, but we would face the same issues regarding
enforcement.
The Council should direct whether the City continues to keep Section 940 banning possession of
firearms on City property in the Code, or be deleted.
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