07-14-2011 Charter Packet - Laserfiche WebLink

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2. Special Improvements. The Lino Lakes City Charter contains provisions relative to public improvements and special assessments (Chapter 8). Language within that section of the charter is also impacted by the above -referenced election law changes. Under current charter language, there would not be sufficient time to meet the deadline for submission of ballot language and meet the charter requirements of: a) a public hearing; b) the passing of 60 days before further action; and c) submission to the voters within 120 days of the public hearing. In order to allow sufficient time to satisfy both the Charter requirements and the ballot notice requirements, it is suggested that the 120 day period be increased to 160 days. Also the city attorney has pointed out that the language in this section is not clear in dictating when a special election must be held (if a general election isn't already scheduled within the 120 or 160 day period) and that state law wouldn't allow the city to hold a special election in the 19 weeks before a state primary election nor within 40 days after a state general election. The language proposed would also clarify those points. The following are the proposed changes to Section 8.04 of the Charter: Subdivision 2. Regardless of the provisions of Subdivision 1 of this section, when less than one hundred (100%) percent of the estimated cost of the proposed improvement is to be paid for by special assessments, connection charges, or any outside funding sources other than the City general fund, the Council shall within one hundred twenty sixty -0204 160 days after the conclusion of the public hearing, submit the proposed local improvement and its assessment formula to the voters of the City. If no general election is scheduled during such one hundred twenty sixty} (160) day period, the Council shall schedule a special election within said period unless otherwise prohibited by law, in which event the special election shall be held as soon as reasonably practicable. by which said improvement and its associated assessment formula can be submitted to the City's voters. If a majority of those voting on said improvement and associated assessment formula are opposed, the Council shall not proceed with the local improvement as proposed. Charter Amendment Procedure. The charter amendment process is governed by state statute, which provides more than one method by which a home rule charter can be amended: Petition — a petition meeting the requirements of state law can be submitted by citizens and the question would be brought to the voters; Amendment proposed by the council — the council may propose an amendment by ordinance and, after review by the charter commission, may present it to the voters;