By-Laws of CLID

 

 

BY-LAWS

COON LAKE IMPROVEMENT DISTRICT, (ANOKA COUNTY)

 Revised July 10, 2013

 

Attachment "A" Follows:

Anoka County Board Resolution #2008-10 Order to Establish

 

Attachment "B" Follows:

Coon Lake Improvement District Election Procedures June 18,2008

 

Article 1. Establishment

               

Section 1.  Established under Minnesota Statute 103B.535 by Anoka County Board of Commissioners via Anoka County Board Resolution #2008-10 Order to Establish on January 8, 2008, and effective 30 days thereafter.

 

Article 2. Name / Address of District

 

The name of this organization is: Coon Lake Improvement District, (Anoka County). This may be referred to as The Coon Lake Improvement District, or (CLID).  The official address of the district shall be:

            Coon Lake Improvement District

P.O. Box 26,

East Bethel, MN 55011

 

Article 3. Definition of the Coon Lake Improvement District

The Coon Lake Improvement District (CLID) is a political subdivision of the State of Minnesota. It is a local unit of government partially funded by a special taxation district authorized by Minnesota Statute 103B, Lake Improvement Districts, established by the Anoka County Board of Commissioners Resolution #2008-10 and bound by provisions where Minnesota Statute Chapter 13, MN Open Meeting Law and Minnesota Statute 15.17, Official Records, apply.  

 

Article 4. Priority

 

These by-laws, along with the Order to Establish referenced in Article 1, shall govern the activities of the Coon Lake Improvement District. In the event of a question of priority or interpretation, the Order to Establish shall have precedence over the by-laws. The Order to Establish is an integral part of these by-laws as Attachment 1.

 

Article 5. Purpose

Mission Statement

Our mission is to serve as a steward of our lake community, to protect, preserve, and improve the recreational and overall quality of Coon Lake. We will work within the lake community and cooperatively with the Coon Lake Improvement Association and County and State Agencies to continuously refine our goals and develop annual work plans to meet these goals. We will work closely with the County to oversee funds collected and expensed to accomplish this mission.

 

Goals

  • To eliminate the infestation of nuisance aquatic vegetation
  • To improve overall water quality
  • To improve the quality of recreation and overall lake utilization

 

Objectives

In light of the problems presented due to invasive aquatic vegetation in Coon Lake, the creation of a Lake Improvement District will allow for control and treatment of aquatic plants, and other in-lake studies and activities,  and will promote the public welfare, will benefit property located within the district, and will not cause nor contribute to long range environmental pollution.

 

 

Article 6. Membership

 

Section 1. Boundaries of District

The boundaries of the Coon Lake Improvement District shall include those properties that abut Coon Lake, including the man-made channel, in Anoka County, Minnesota.

 

Section 2. Membership Qualification

Owners of properties abutting Coon Lake, including the man-made channel, in the cities of East Bethel, Ham Lake, and Columbus, in Anoka County, Minnesota.

 

Section 3. Voting Rights

Each unique property owner (all names listed on County tax records as owners of property) is entitled to one vote (per assessable property – See Article 8) at the annual District meeting or at any special District meeting.

 

Section 4. Transfer of Membership

When a parcel of land is sold, membership shall transfer from the old owners to the new owners. When a parcel is sold on contract for deed, Membership shall transfer from the contract seller to the contract purchaser. When a parcel is leased or rented, Membership shall not transfer from the landlord to the tenant.

 

Article 7. Funding

 

Section 1. Initial Funding

The initial funding shall be raised by the Coon Lake Improvement Association, Inc. and supplemented via any of the following:

  1. Federal and state grants
  2. Donations and grants from private parties, corporations, or foundations
  3. Loans from governmental entities

 

Section 2. Subsequent Funding and Special Projects

Coon Lake Improvement District activities may be funded by any of the above means mentioned, and also by:

  1. Imposing service charges on the users of lake improvement district services within the District under Minn. Statute 428A.05
  2. Levying an ad valorem tax solely on property within the lake improvement district, to be appropriated and expended on projects of special benefit to the district
  3. Imposing any combination of service charges and taxes

 

Section 3. Assessment Fee

  1. It is the intention of the Coon Lake Improvement District to charge a fee per assessable property within the district as part of the means to finance its budget.
  2. Said fee is currently capped at a maximum of $300 per assessable property as approved in the petition to set up the district
  3. The maximum fee amount can only be changed with a majority vote at either an annual meeting, or a special meeting of district members called specifically for that purpose.

 

Article 8. Parcels Eligible for Assessment of Fees, Service Charges, or Taxes

 

All assessable properties within the boundaries of the district will be subject to a fee, tax, or charge as recommended and approved at the annual meeting.  Assessable parcels are defined as all properties within the boundaries of the district as approved by the Board. A parcel may be granted an exemption from the assessment of fees only by the CLID Board of Directors. All property owners will be charged an assessment fee for at least one parcel (property with a pin #). Provided there is Board approval, those owners with additional parcels that do not have a dwelling, building, or structure (unimproved) on the property will be exempt from assessment of fees for those additional parcels. The Board will submit a list of assessable properties to the County along with the annual budget, for the assessment of fees.

 

Article 9. Board of Directors

 

Section 1. Initial Board of Directors

The initial Board of Directors was appointed by the County Board at its meeting on February 12, 2008, and will serve until an election is held at the first Coon Lake Improvement District annual meeting. At the first annual meeting, two (2) directors will be elected to a three (3) year term, two (2) directors will be elected to a two (2) year term, and one (1) director will be elected to a one (1) year term. Thereafter, directors will be elected to serve three (3) year terms. The term length will be determined based on descending vote totals, with the higher vote counts getting the longer terms.

 

Section 2. Board of Directors

The Board of Directors of the Coon Lake Improvement District shall consist of five (5) directors with three (3) year staggered terms who must be at least eighteen (18) years of age, and own real property within the District; a majority of the directors must be residents of the district. 

 

Section 3. Terms

After the term for the initial Directors expires, Directors shall be elected to serve three-year terms. An annual term year shall be from annual meeting to annual meeting.

 

Section 4. Election of Directors

Elections will be held by secret ballot at the Coon Lake Improvement District annual meeting. Property owners not present at the annual meeting may participate in the election of the Board of Directors by absentee ballot. Absentee ballots shall be received at the location designated in the annual meeting notice no later than 3:00 p.m. on the date of the annual meeting or such ballots shall be void.

 

Section 5. Vacancies

Vacancies in the Board of Directors may be filled by a majority vote of the remaining directors until the next Coon Lake Improvement District annual meeting, with the director position to be filled by vote of the property owners at the next annual meeting. A director elected to fill a vacancy shall serve the unexpired term.

A vacancy shall occur if any of the following events occur:

  1. Death of a director;
  2. Sale by a director of all property owned by the director within the Coon Lake Improvement District;
  3. Removal of a director for misfeasance, nonfeasance, or malfeasance in office as determined by a vote of the remaining directors; or
  4. Resignation of a director
  5. Insufficient number of Directors elected at the annual meeting

 

Article 10: Officers / Board of Directors

 

Section 1. Officers

All Officers of the Coon Lake Improvement District (Anoka County) shall be Directors.

 

Section 2. Officer Positions

The Officers shall consist of Chair, 1st Vice Chair, 2nd Vice Chair, Secretary and Treasurer. These officers are the Executive Committee.

 

Section 3. Election of Officers

Officers will be elected by the Board of Directors from among its members at the first scheduled board meeting following any Annual Meeting at which new Directors are elected. Election will be by secret ballot if more than one person is nominated for any office.

 

Section 4. Duties of Officers,

  1. The Chair shall preside over all District Board meetings and the Coon Lake Improvement District (Anoka County) Annual Meeting, and shall see that the By-laws and any rules and regulations as adopted by the District and the Board are enforced.
  2. The 1st Vice Chair shall preside in the absence of the Chair and perform duties normally associated with this office, including other duties as may be assigned by the board such as heading of special committees as may be designated.
  3. The 2nd Vice Chair shall preside in the absence of the Chair and 1st Vice Chair and perform duties normally associated with this office, including other duties as may be assigned by the board such as heading of special committees as may be designated.
  4. The Secretary shall be responsible to keep accurate records of all meetings of the Board of Directors, regularly submit minutes to the Board of Directors and perform other duties normally associated with this office.
  5. The Treasurer shall present a financial statement at each meeting and shall perform all other duties normally associated with this office. The Treasurer shall approve all invoices for services previously approved by the Board of Directors and submit them for payment. Annually, or as required, the Treasurer will submit to the State, County, or any regulatory agency any financial reporting as is required.

 

Article 11: Directors Meetings

 

Section 1. Meetings

Directors are to hold at least two meetings annually, in addition to the Annual Meeting of the Membership, as shall be scheduled by the Chair or in the Chair’s absence by a majority of the remaining members of the Executive Committee. Special meetings may be called by the Chair or Vice Chairs as directed by the Chair, or by three members of the Board of Directors, as may from time to time be required to carry out the activities of the Board.

 

Section 2. Open Meetings

The provisions of Minn. Stat. Chap. 13D, which requires open meetings, apply to all meetings of the Board of Directors.

 

Section 3. Voting / Quorum

Voting rights are restricted exclusively to Directors only. A majority of the Board of Directors duly serving shall constitute the necessary quorum for the transaction of business.

 

Article 12:  Annual Meeting of District

 

Section 1. Time

The Annual District Meeting shall be in the month of July or August of each year unless changed by vote at the previous annual meeting.

 

Section 2. Notice

Notice of the annual meeting will be provided by the Board of Directors in accordance with the requirements in Minn. Statute 103B.571. The annual meeting shall be preceded by a minimum of two weeks’ published notice in the newspaper chosen by the Anoka County Board of Commissioners for the County’s official notices and by written notice to be mailed at least ten days in advance of the meeting to the county board and city boards wholly or partially within the District, the Minnesota Pollution Control Agency and the Commissioner of Natural Resources.

 

Section 3. Election Procedures

See “Attachment B” for election procedures.

 

Section 4. Agenda

At the annual meeting the District, property owners present shall:

a.       Elect one or more Members to fill the vacancies in the Board of Directors;

b.      Approve or disapprove any budget item budget for the District having a cost in excess of $5,000 per project per annum;

c.       Approve a full year budget for the fiscal year;

d.      Approve taxes or assessments to satisfy budget requirements; and

e.       Take up and consider other business that comes before them.

 

Article 13: Committees

 

The Chair, with the approval of a majority of the members of the Board of Directors at any regular or special meeting may create and appoint such additional committees as deemed necessary. The head of each committee shall regularly report to the Board of Directors on his / her committee’s progress.

 

Article 14: Budget

 

A budget must be approved by a majority of all owners voting in the annual meeting each year.

       

Any projects in excess of $5,000 must be approved by a majority of the property owners at an annual meeting.

 

In the annual budget for the district, which will be submitted to Anoka County following the annual meeting and before August 30th each year, the Board of Directors will include sufficient funds to cover the costs of administering the District. 

 

The submission of the budget to the county will include a list of properties to be assessed, as well as the recommended method of assessing fees to the properties within the district.

 

Article 15: Expenditure / Receipt of District Funds

All request for funds, whether individually or for project expenditures, must be submitted to the Board of Directors. All expenditures must be pre-approved by a majority of the Directors.

 

Should any committee require funds for purposes of its work, the committee shall make application to the Board of Directors in writing with a full statement of the funds required and the purpose for which the funds are to be expended. Upon request of the Board of Directors, the committee shall meet with the Board at any regular or special meeting thereafter to review the request and secure approval of same. No committee shall expend any funds without the approval of the Board of Directors of the Coon Lake Improvement District.

 

All invoices or claims for expense reimbursement must be signed off by at least one member of the board that is not the signatory on the claim voucher. The Treasurer, or designate from the board, must sign off on the claim voucher to the county.

 

All funds secured by donation, fund raising, or from any committee shall be turned over to the Board of Directors.

 

Accounting functions will be performed by the Anoka County Finance and Central Services Division, pending approval of a contract by the Board of Directors.  Any services provided will be on a flat fee basis. Any other financial arrangements must be Board approved.

 

Article 16: Fiscal Year

 

The District fiscal year shall be a calendar year starting January 1 and ending December 31.

 

Article 17: Rules of Order

 

The rules contained in the current edition of Roberts Rules of Order (Revised) shall govern the convention in all cases to which they are applicable and which are not governed by the by-laws of the district.

 

Article 18: Insurance

 

In order to adequately protect the Coon Lake Improvement District, the Board of Directors will maintain adequate insurance coverage for the district, including Liability Insurance and Directors and Officers Liability Insurance.

 

Article 19. Records

As a government entity, the provisions of Minn. Stat. Chap. 13 (the Minnesota government data practice act) apply to data of the Coon Lake Improvement District. Records necessary to a full and accurate knowledge of official activities must be made and preserved by the district in accordance with Minn. Stat. # 15.17

 

Article 20. Amendment of By-Laws

 

The By-Laws may be amended and require approval by a majority of the Board members at any scheduled Board meeting.

 

Article 21. Anoka County Contact

 

The Anoka County Land Commissioner will act as a contact for the Coon Lake Improvement District. The committee of jurisdiction for Anoka County will be the Wetland Review Committee.

 

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 ATTACHMENT "A"

 

RESOLUTION #2008-10  

ORDER ESTABLISHING COON LAKE IMPROVEMENT DISTRICT

 

WHEREAS, Anoka County has received a petition seeking the creation of a lake

improvement district for Coon Lake pursuant to Minn. Stat. § 103B.521; and,

WHEREAS, the Anoka County division manager of Property Records and Taxation (acting

as County Auditor) checked signatures on the petition against the list of property owners in the

proposed district and concluded that the petition was signed by a majority of the property owners;

and,

WHEREAS, the Anoka County Board of Commissioners held a public hearing on December

18, 2007, pursuant to Minn. Stat. § 103B.521, subd. 2, as to whether the requested lake improvement

district should be established; and,

WHEREAS, the advisory report from the Minnesota Department of Natural Resources,

which was read into the record at the public hearing, notes approval for the proposed boundaries with

a request the county board consider limiting the authority of the lake improvement district to matters

that can be addressed by the riparian property owners; and,

WHEREAS, Minn. Stat. § 103B.521 permits an order establishing a lake improvement

district to modify the petition relating to the district’s boundaries, functions, financing or

organization; and,

WHEREAS, based upon all comments received, there appears to be strong support among

the property owners for the establishment of a lake improvement district; and,

WHEREAS, in light of the problems presented due to invasive aquatic vegetation in Coon

Lake and the request to focus on aquatic plant control and other in-lake studies and activities, it is

determined that the creation of a lake improvement district is necessary, will promote the public

welfare, will benefit property located within the district, and will not cause or contribute to long

range environmental pollution:

NOW, THEREFORE, BE IT RESOLVED THE ANOKA COUNTY BOARD OF

COMMISSIONERS HEREBY ORDERS AS FOLLOWS:

1. A lake improvement district is established under Minn. Stat. Chap. 103B to address aquatic

plant control, other in-lake studies and activities, and related services for Coon Lake and shall be

known as the "Coon Lake Improvement District."

2. The boundaries of the Coon Lake Improvement District shall include those parcels that abut

Coon Lake, including the man-made channel. (Parcels contained within the district are depicted on

Exhibit A. Current tax parcels are listed on Exhibit B. Copies of Exhibits A and B are available for

review by contacting the Anoka County land commissioner.)

3. The board of directors for the Coon Lake Improvement District shall consist of five (5)

directors with three (3) year staggered terms who must be at least eighteen (18) years of age and own

real property within the district; a majority of the directors must be residents of the district. The

provisions of Minn. Stat. Chap. 13D, which require open meetings, apply to the meetings of the

board of directors.

4. The initial board of directors will be appointed by the county board at their meeting on

February 12, 2008, and will serve until an election is held at the first Coon Lake Improvement

District annual meeting. At the first annual meeting, two (2) directors will be elected to a three (3)

year term, two (2) directors will be elected to a two (2) year term, and one (1) director will be elected

to a one (1) year term. Thereafter, directors will be elected to serve three (3) year terms.

5. Vacancies may be filled by a majority vote of the remaining directors until the next Coon

Lake Improvement District annual meeting, with the director position to be filled by vote of the

property owners at the next annual meeting. A director elected to fill a vacancy will serve the

unexpired term. A vacancy shall exist if any of the following events occur:

a. Death of a director;

b. Sale by a director of all property owned by the director within the Coon Lake

Improvement District;

c. Removal of a director for misfeasance, nonfeasance, or malfeasance in office as

determined by a vote of the remaining directors; or

d. Resignation of a director.

6. Elections will be held by secret ballot at the Coon Lake Improvement District annual

meeting. Property owners not present at the annual meeting may participate in the election of the

board of directors by absentee ballot. Absentee ballots shall be received at the location designated in

the annual meeting notice no later than 3:00 p.m. on the date of the annual meeting or such ballots

shall be void. The board of directors may adopt by-laws with procedures for distribution and

tabulation of ballots.

7. In accordance with Minn. Stat. § 103B.571, the initial Coon Lake Improvement District

annual meeting will be scheduled by the board of directors in July or August of 2008 and will

continue to be held annually in that time period unless changed by a vote of the property owners at

the previous annual meeting. Notice of the annual meeting will be provided by the board of directors

in accordance with the requirements in Minn. Stat. § 103B.571. Any compensation for directors is to

be decided upon by the property owners at the annual meeting.

8. The county board delegates to the Coon Lake Improvement District Board of Directors their

authority to undertake the following activities listed in Minn. Stat. § 103B.551, subd. 3:

a. Acquire property, equipment, or other facilities by gift or purchase to improve

navigation;

b. Contract with a board of managers of a watershed district within the lake

improvement district or the board of supervisors of a soil and water conservation

district within the district for improvements under chapters 103C and 103D;

c. Undertake research to determine the condition and development of the body of water

and the water entering it and to transmit the results of the studies to the Pollution

Control Agency and other interested authorities;

d. Develop and implement a comprehensive plan to eliminate water pollution;

e. Conduct a program of water improvement and conservation;

f. Receive financial assistance from and participate in projects or enter into contracts

with federal and state agencies for the study and treatment of pollution problems and

related demonstration programs;

g. Make cooperative agreements with the United States or state government or other

counties or cities to effectuate water and related land resource programs;

h. Such other programs, plans, studies, developments, or implementations as are

allowed or permitted by law and approved by the county board from time to time.

9. That the programs and services of the Coon Lake Improvement District may be financed by:

a. Federal and state grants;

b Donations and grants from private parties, corporations, or foundations;

c. Loans from governmental entities;

d. Imposing service charges on the users of lake improvement district services within

the district under Minn. Stat. § 428A.05;

e. Levying an ad valorem tax solely on property within the lake improvement district, to

be appropriated and expended on projects of special benefit to the district; or

f. Imposing any combination of service charges and taxes.

10. As a government entity, the provisions of Minn. Stat. Chap. 13 (the Minnesota government

data practices act) apply to data of the Coon Lake Improvement District. Records necessary to a full

and accurate knowledge of official activities must be made and preserved by the district in

accordance with Minn. Stat. § 15.17.

11. In order to adequately protect the Coon Lake Improvement District, the board of directors

will obtain appropriate insurance coverage for the district. In the annual budget for the district,

which will be submitted to Anoka County following the annual meeting and before August 30th each

year, the board of directors will include sufficient funds to cover the costs of administering the

district.

12 The Anoka County land commissioner will act as a contact for the Coon Lake Improvement

District. The committee of jurisdiction for Anoka County will be the Wetland Review Committee.

Accounting functions and purchasing functions may be performed by the Anoka County Finance and

Central Services Division. Any services provided will be on a fee for service basis.

13. This order shall be published once in the official newspaper of Anoka County and shall be

filed with the Minnesota Secretary of State, the Pollution Control Agency, and the Commissioner of

Natural Resources.

14. The effective date of the establishment of Coon Lake Improvement District shall be thirty

(30) days after publication. 

* *

Mike Bury, resident of Ham Lake, responded to questions from the county board.

* *

Upon roll call vote, motion carried unanimously. Resolution declared adopted.

* * * * * * * * * *

The county board meeting was adjourned at 10:21 a.m.

From the 2008 Anoka County Board Minutes January 8,2008

_____________________________________________________________________________

 

ATTACHMENT “B”    

 

COON LAKE IMPROVEMENT DISTRICT

ELECTION PROCEDURES

 

June 18, 2008

 

I               Filing for Office of Director

a.  Eligibility.  Individuals must be unique property owners with property 

     abutting Coon Lake, Anoka County, including the man-made channel.

b.  Candidates.  Candidates shall be 18 years of age and submit a completed Letter of Interest

      within the stated filing period. Each term is for three years.

c.  Letter of Interest.  The Letter shall contain the following information:

i.   The candidate’s true name or the name by which the candidate is

      commonly and generally known in the community;

                        ii.   The address and telephone number of the individual;

                        iii.  The reason the candidate is running for office and

                        iv.  The signature of the individual.

                        v.   The Letter shall be delivered to the board or mailed to: 

                                          Coon Lake Improvement District

                                          P.O. Box 26

                                          East Bethel, MN 55011

d.  Filing Period.  Letters of Interest shall be filed not more than eight weeks nor less than two

     weeks before the annual meeting.

 

II.            Election Procedures

            a.  Eligibility.  Eligible voters include all the members of the Coon Lake

                Improvement District.  Each unique property owner (all names listed on  

                county tax records as owners of property) is entitled to one vote.

            b. Voter Eligibility List.  The Board of Directors shall work with Anoka County

                to update the list of eligible voters in a timely manner for notification of

                meeting notice.

            c.  Balloting.

                        i.    The Board of Directors of the Coon Lake Improvement District shall

                              conduct all elections at the annual meeting. Nominations shall not be

                              accepted from the floor during the annual meeting..

ii.   Absentee ballots shall be mailed to any eligible voter requesting one.

iii.  Completed absentee ballots shall be mailed to the Coon Lake

                                      Improvement District, P.O. Box 26, East Bethel, MN  55011

                        iv.  Absentee ballots not received by 3 p.m. the day of the annual

                                      meeting are void and shall not be counted.                                                    

            d.  Retention of Election Materials.  The Board of Directors shall retain all

                 election materials returned to them after any election for at least 22 months

                 from the date of that election.  All election materials involved in a contested

                 election must be retained for 22 months or until the contest has been finally

                 determined, whichever is later.

 

III.          Tabulation of Results. 

        

a.  Ballot counting shall occur at the annual meeting. 

b.  In the event of a tie, one recount shall be conducted.  If a tie persists, a coin

     toss shall determine the winner.  Election results will be posted on the Coon Lake Improvement

     District website www.CLIDMN.org and available at the next scheduled board meeting.