HomeMy WebLinkAbout07-25-2014 Charter PacketLINO LAKES CHARTER COMMISSION
SPECIAL MEETING AGENDA
FRIDAY, JULY 25
6:00 PM — 9:00 PM
1. Call to Order and Roll Call 6:00 PM
2. Pledge of Allegiance
3. Continued discussion of City Council Proposed Charter Amendments (Chapter 8) and
Response to City Council with Attorney Karen Marty
4. New Business
A. Next regular meeting date, Thursday, October 9, 2014
Adjournment 9:00 PM
Connie Sutherland
Chair
Kathryn Timm Caroline Dahl
Vice Chair Secretary
CHAPTER VIII. PUBLIC IMPROVEMENTS AND SPECIAL
ASSESSMENTS
Section 8.01. Power to Make Improvements and Levy Assessments.
The City may make any type of public improvements not forbidden by
law and levy special assessments to pay all or any part of the cost of
such improvements as are of a local character. The total assessments
for any local improvement may not exceed the cost of the
improvement, including all costs and expenses connected therewith,
with interest. No assessment shall exceed the benefits to the
property.
Section 8.02. Effective Charter Provisions. Except as Provided in
Section 8.07. Local improvements (the term "local improvement"
shall mean a public improvement financed partly or wholly from
special assessments) shall be carried out exclusively under the
provisions of this Charter. (Amended 11/23/93, Ordinance No. 93-19)
Section 8.03. Local Improvement Ordinances and Regulations.
Within one hundred twenty (120) days after this Charter goes into
effect and before local improvements can be acted upon, the Council
shall enact suitable ordinance(s) governing local improvements and
special assessments. The ordinance(s) shall provide a complete
working code covering the determination of assessments and
assessment districts, public hearings, appeals from a collection of
assessments, penalties for delinquency in making payments, financing
of said assessments, and the certifying of unpaid assessments for
collection by the proper County officer. Said ordinance(s) shall also
provide for installment payments and notices to be given thereof,
appellate procedure, reassessment, if necessary, and all other matters
appropriate to the subject of local improvements and assessments.
After the adoption of such ordinance(s) providing for local
improvements, all procedures in compliance therewith shall conform
to the regulations as set forth in such ordinance(s) and as otherwise
contained in this Charter.
Section 8.04. Special Assessment Procedure. (Amended)
Subdivision 1. All improvements to be paid for by special
assessments against the benefitted property shall be instituted by
either, (1) a petition of at least twenty-five percent (25%) in number
of the benefitted property owners (A benefitted property owner can
only sign once regardless of the number of benefitted parcels owned
and a benefitted parcel can only have one signature.) together with a
resolution adopted by an affirmative vote of the majority of all of the
Council, or, (2) a resolution adopted by a four-fifths affirmative vote
of all of the Council. The Council resolution shall state the nature
and scope of proposed improvement including the number of
benefitted property owners, and shall provide means to obtain a cost
estimate which shall set forth the cost of the improvement both in
unit price and in total thereof. Upon receipt of such estimate, the
Council shall by resolution set a date for a public hearing on the
proposed improvement setting forth therein the time, place and
purpose of such hearing. Such resolution shall be published twice, at
least one week apart, in the official newspaper of the City no less
than two (2) weeks prior to the date of said hearing, and in addition
thereto, a copy of such resolution including estimate unit prices and
estimated total price thereof shall be mailed to each benefitted
property owner at his/her last known address at least two (2) weeks
prior to the date of said hearing. Failure to give mailed notice, or
any defects in the notice, shall not invalidate the proceedings. At
such hearing the City shall receive any written and oral statements.
and hear any petitioners for or against the proposed improvement. At
such hearing the City Council shall present a special assessment
formula and an analysis of the assessment income expected to offset
the proposed improvement cost. A period of sixty (60) days shall
elapse after the public hearing before any further action shall be
taken by the Council, on the proposed improvement. If within such
sixty (60) day period, in a petitioning process independent of the
initiating process, a petition against such improvement be filed with
the Council, signed by a majority of the owners proposed to be
assessed for such improvement, or when the improvement has been
petitioned for, signed by a number of the owners proposed to be
assessed for such improvement, at least equal to the number of those
who petitioned for the improvement, the Council shall not make such
improvement at the expense of the property benefitted, unless, in the
meantime there be filed with the Council a petition asking that the
improvement be made, signed by property owners proposed to be
assessed for such improvement at least equal in number to those who
signed the petition against the improvement; in which event the
Council may disregard the petition against the improvement. Any
person, whose name appears on a petition to the Council for a local
improvement, may withdraw his/her name by statement in writing
filed with the Council before such petition is presented to the
Council.
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 submit the
proposed local improvement and its assessment formula to the voters
of the City at the next general election. If no general election is
scheduled to occur within 160 days after the conclusion of the public
hearing, the Council shall schedule a special election as soon as
practicable to submit said improvement and its associated assessment
formula 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.
(Amended 01/13/2014)
Subdivision 3. When a proposed improvement is allowed under the
foregoing subdivision, and the public record of the proposed
improvement contains all of the evidence on which the Council shall
base their decision, the Council may by resolution, at any time
between sixty (60) days and one (1) year after the conclusion of the
public hearing, proceed on the improvement. If after bids are
received on the project the proposed contract exceeds the estimated
cost of the engineer stated at the public hearing held under
Subdivision 1 by more than ten (10%) percent, the City Council may
not award the contract for the proposed improvement, but may rebid
the project for one (1) time only. (Amended)
Subdivision 4. When a proposed improvement is disallowed under the
foregoing subdivisions, the Council shall not vote on the same
improvement within a period of one (1) year after the public hearing
on said improvement.
(Section 8.0, Subdivision 2, amended 01/13/2014, Ordinance No. 05-
13)
Section 8.05. Assessments for Services. The Council may provide by
ordinance that the cost of City services to streets, sidewalks, or
other public or private property may be assessed against property
benefitted and may be collected in the same manner as special
assessments. Such costs shall not be deemed to be "special
assessments" for the purposes set forth in Section 8.03 of this
chapter.
Section 8.06. When under the provisions of section 8.04, Subdivision
1, an improvement is petitioned for by one hundred (100%) percent of
the benefitted property owners, such property owners may after the
mailing of notice of a public hearing, petition to waive fifty (50) of
the sixty (60) days waiting period. After such petition, the City
�"1 Council may immediately order the proposed project. (Amended)
Section 8.07. Local Improvement: Special Provisions.
Subdivision 1. Except as provided in Subdivision 3, in the
geographic areas of the City described in Subdivision 2, the
construction of local improvements, the levy of special assessment
for the financing of those improvements must be conducted in
accordance with procedures specified in state law.
Subdivision 2. Subdivision 1 applies to land within three (3)
geographic areas, each not exceeding 430 acres, legally described as
follows:
AREA NO. 1 Trunk Highway #49 (Hodgson Road) and County
State Aid
Highway #23 Intersection (Lake Drive)
-All Government Lot 1, Section 30, T31, R22, PIN. 30-31-22-
210001
-That part of Lots 14, 15, 16 and 17, Auditor's Subdivision No.
151 lying south and east of State Trunk Highway #49
(Hodgson Road) right-of-way
AREA NO. 2 - Interstate I35E and County Road 242 (Main Street)
Interchange
Northeast one quarter (1/4) of Section 24
- That part of the southeast one quarter (1/4) of Section 24 lying
north of Cedar Street
- East one half (1/2) of the southwest one quarter (1/4) of Section
24
- East one half (1/2) of the northwest one quarter (1/4) of Section
24
AREA NO. 3 Interstate I35W and Trunk Highway #49 (Lake
Drive)
Interchange
North one half (1/2) of the southwest one quarter (1/4) of
Section 18
That part of the south one half (1/2) of the southwest one quarter
(1/4) of Section 18 lying north of the Interstate I35W right-of-
way
- That part of the southwest one quarter (1/4) of Section 17 lying
west of Trunk Highway #49 (Lake Drive) right-of-way
All of the northwest one quarter (1/4) of Section 17 with the
exception of that part of the southeast one quarter (1/4) of said
northwest one quarter (1/4) of Section 17 as follows: beginning
at a point at the intersection of the south line of said southeast
one quarter (1/4) of the northwest one quarter (1/4) with the east
right-of-way line of Trunk Highway #49; thence northeasterly
along said right-of-way line 938.14 feet (+ or -) ; thence
southeasterly 672. 39 (+ or -) feet to east line of said southeast
one quarter (1/4) of the northwest one quarter (1/4); thence south
along said east line 588.5 (+ or -) feet to the south line of said
southeast one quarter (1/4) of the northwest one quarter (1/4);
thence westerly along said south line 1021.59 feet (+ or -) to the
point of beginning.
The north 720 feet of that part of the southwest one quarter (1/4)
of the northeast one quarter (1/4) of Section 17 lying west of the
Anoka County Park property
That part of the north one half (1/2) of the northeast one
quarter (1/4) of Section 17 lying west of the Anoka County Park
property.
That part of the north one half (1/2) of the northeast one
quarter (1/4) of Section 17 lying west of the Anoka County Park
property
- The south one half (1/2) of southeast one quarter (1/4) of the
southeast one quarter (1/4) of Section 8
- The southeast one quarter (1/4) of the southeast one quarter (1/4)
of the southwest one quarter (1/4) of Section 8
- The east 330 feet (+ or -) of the northeast one quarter (1/4) of
the southeast one quarter (1/4) of the southwest one quarter (1/4)
of Section 8
Subdivision 3. When construction of local improvements, the levy of
special assessments for the financing of those improvements
specially benefit a parcel of real property, in an area described in
subdivision 2, on which a single family, owner occupied residential
unit existed on September 30, 1993, the owner/occupant of such
residential unit may file a petition with the City Clerk objecting to
the special assessment to be levied against his/her parcel. Such
petition shall be filed with the City at or before the first public
hearing to be held on the project. After the filing of such petition
the City may not specially assess such owner's property for the
improvements constructed unless the owner, at his/her option, in the
future elects to connect to or use the improvements constructed by
the City. Any notice of hearing mailed to such single family, owner
• occupied units shall include notice of the property owner's right to
object to the assessments as granted in this paragraph. This
exception terminates on the first day that an owner occupied
residential unit no longer exists on the parcel of real property.
(Section 8.07 Added November 22, 1993, Ordinance No. 93 - 19)
1st Reading: March 10, 2014
Publication:
2nd Reading:
Effective:
CITY OF LINO LAKES
ORDINANCE NO. 03-14
AN ORDINANCE AMENDING CHAPTER 8 OF THE LINO LAKES CITY
CHARTER, REGARDING PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS
The City Council of the City of Lino Lakes does ordain:
Section 1. That Chapter 8, Section 8.01, 8.02, 8.03, 8.04, of the Lino Lakes City Charter
be and are hereby repealed:
Section 8.01. Power to Make Improvements and Levy Assessments.
The City may make any type of public improvements not forbidden by law and levy special
azessments to pay all or any part of the cost of such improvements as are of a local character.
The total assessments for any local improvement may not exceed the cost of the improvement,
including all costs and expenses connected therewith, with interest. No assessment shall exceed
the benefits to the property.
Section 8.02. Effective Charter Provisions, Except as Provided in
Section 8.07. Local improvements (the term "local improvement" shall mean a public
improvement financed partly or wholly from special assessments) shall be carried out
exclusively under the provisions of this Charter. ( &mended 11/23/93, Ordinance No. 93 19)
Section 8.03. Local Improvement Ordinances and Regulations. Within one hundred
twenty (120) days after this Charter goes into effect and before local improvements can be acted
assessments. The ordinance(s) shall provide a complete working code covering the
determination of assessments and assessment districts, public hearings. appeals from a collection
of assessments, penalties for delinquency in making payments, financing of said assessments,
and the certifying of unpaid assessments for collection by the proper County officer. Said
local improvements and assessments. After the adoption of such ordinance(s) providing for local
improvements, all procedures in compliance therewith shall conform to the regulations as set
forth in such ordinance(s) and as otherwise contained in this Charter.
Section 8.04. Special Assessment Procedure.
Subdivision 1. All improvements to be paid for by special assessments against—the
once regardless of the number of benefitted parcels o
shall set forth the cost of the improvement both in unit price and in total thereof. Upon receipt of
such estimate, the Council shall by resolution set a date for a public hearing on the proposed
improvement setting forth therein the time, place and purpose of such hearing. Such resolution
,hall be published twice, at least one week apart, in the official newspaper of the City no less
than two (2) weeks prior to the date of said hearing. and in addition thereto, a copy of such
said hearing. Failure to give mailed notice, or any defects in the notice, shall not invalidate the
reeei-ve any written and oral statements. and hear any
petitioners for or against the proposed improvement. At such hearing the City Council shall
the proposed improvement cost. A period of sixty (60) days shall elapse after the public hearing
filed with the Council a petition asking that the improvement be made, signed by property
for a local improvement, may withdraw his/her name by statement in writing filed with the
Council before such petition is presented to the Council.
Subdivision 2. Regardless of the provisions of Subdivision 1 of this section, when less
••.
paid for by special assessments, connection charges, or any outside funding sources ther than
assessment formula to the voters of the City at the next general election. If no general election is
scheduled to occur within 160 days after the conclusion of the public hearing, the Council shall
schedule a special election as soon as practicable to s
improvement as proposed. (Amended 01/1312011)
Subdivision 3. When a proposed improvement is allowed under the foregoing
estimated cost of the engineer stated at the public hearing held under Subdivision 1 by more than
0
but may rebid the project for one (1) time only.
after the public hearing on said improvement.
Section 2. That Chapter 8 of the Lino Lakes City Charter be amended by adding thereto
a new Section 8.01 to read as follows:
Section 8.01. Local Improvements Defined: Charter Provisions Effective.
Subdivision 1. For the purposes of this Chapter. the term "local improvements" means
any public improvements financed in whole or in part from special assessments.
Subdivision 2. For the purposes of any objection or petition under this Chapter. (a) only
one person or entity may sin an objection or petition on behalf of all owners of a parcel; and (b)
if the same person or entity owns more than one parcel affected by a local improvement. that
person or entity may sign an objection or petition only once; and (c) for the purpose of
identifying recipients of any notice under this Chapter, owners are determined in accordance
with Minnesota Statutes, Section 429.031. subdivision 1.
Subdivision 3. The City may undertake any local improvements not forbidden by law
and levy special assessments to pay all or any part of the cost of such local improvements. The
principal amount of special assessments for any local improvements shall not exceed the cost of
the local improvement, including all design. financing and related costs. and shall not exceed the
benefit to the property determined in accordance with state law.
Subdivision 4. Local improvements shall be carried out exclusively under the provisions
of this Charter. except to the extent otherwise provided in Section 8.02.
Section 3. That Chapter 8 of the Lino Lakes City Charter be amended by adding thereto
a new Section 8.02 to read as follows:
Section 8.02. Local Improvement Procedure.
Subdivision 1. Local improvements shall be carried out in accordance with state law,
except as provided in this Section.
Subdivision 2. If more than 50 percent of the owners of the real property within the area
proposed to be assessed as defined in the mailed notice of the improvement hearing under
Minnesota Statutes. Section 429.031, subdivision 1. sign written objections regarding the local
improvements, and file such objections with the city clerk prior to the improvement hearing or
present such objections to the presiding officer at the hearing. then after the hearing the council
shall schedule a special meeting to be held at least 45 days after the date of the hearing. At least
10 days prior to the date of the special meeting. the city shall publish notice of the special
meeting and mail notice of the special meeting to all owners who received the initial notice under
Section 429.031. subdivision 1. Such published and mailed notice shall include all the
information provided in the initial mailed notice. along with a statement as to the number and
percentage of affected owners who filed objections at or before the hearing.. At the special
meeting. the council shall hear additional testimony on behalf of any objecting property owners.
and may consider further written or oral testimony from appropriate city officials and other
witnesses, as to the nature of the local improvements. the advisability of proceeding with such
local improvements. the proposed financing for such local improvements. any proposed
amendments to the plans or financing for such local improvements. and the methodology used to
calculate individual special assessments for such local improvements.
Subdivision 3. A resolution ordering the local improvements (as such local
improvements may have been amended in response to the hearing or special meeting under
Section 8.02. Subdivision 2) may be adopted at any time within six months after the date of the
special meeting by vote of a majority of all members of the council when the local improvement
has been petitioned for by not less than 35 percent of the owners of the real property within the
area proposed to be assessed defined in the petition as the location of the local improvement: and
when there has been no such petition. the resolution may be adopted only by vote of four-fifths
of all members of the council. The effective date of a resolution ordering the local improvement
must be at least 30 days after adoption. Within five days after adoption of the resolution. a
summary of the resolution must be mailed to the affected owners. If more than 50 percent of the
affected owners sign written objections regarding the resolution. and file such objections with the
city clerk prior to the effective date of the resolution. the resolution does not become effective
and the local improvement is not ordered. Any objections filed under Section 8.02. Subdivision
2 will not constitute objections under this Subdivision 3. If the required number of owners do
not file a timely objection under this subdivision. the local improvement may proceed after the
effective date of the resolution. except as otherwiseprovided in Subdivisions 5 and 6.
Subdivision 4. If timely objections are not filed by the required number of property
owners under Subdivision 2 of this Section. Subdivisions 2 and 3 of this Section do not thereafter
apply to the subject local improvements. and all subsequent procedures for approval of and
levying of special assessments for those local improvements shall be in accordance with state
law. except as otherwise provided in this subdivision and Subdivisions 5 and 6. Notwithstandina
anything to the contrary in Minnesota Statutes. Section 429.031. subdivision 1. clause (f). a
resolution ordering the local improvement may be adopted at any time within six months after
the date of the hearing by vote of a majority of all members of the council when the local
improvement has been petitioned for by not less than 35 percent of the owners of the real
property within the area proposed to be assessed as defined in the petition as the location of the
local improvement; and when there has been no such petition. the resolution may be adopted
only by vote of four-fifths of all members of the council.
Subdivision 5. If any portion of the cost of a local improvement is to be paid from ad
valorem taxes, the ordering of the local improvement shall be suspended for 45 days after the
effective date of the resolution ordering the local improvement under subdivision 3 (if no timely
objection was filed by the required number of owners) or under subdivision 4. If a petition
requesting a vote on the local improvement signed by registered voters equal to at least 5 percent
of the votes cast in the last general municipal election is filed with the City Clerk by the end of
that 45 -day period. then the City may proceed with the local improvement. and may issue
general obligation bonds to finance the local improvement. only after obtaining approval of a
majority of the voters voting on the question at a general or special election. The ballot shall
generally describe the proposed local improvement. the estimated principal amount of bonds to
be issued to finance the local improvement. and the estimated percentage of total debt service on
the bonds expected to be paid from ad valorem taxes.
Subdivision 6. If the voters do not approve a local improvement and issuance of bonds
therefore at an election required by subdivision 5, the provisions of Minnesota Statutes. section
475.58. subd. la shall apply.
Section 4. That Chapter 8, Section 8.05, of the Lino Lakes City Charter is hereby
amended as follows:
Section 8.033. Assessments for Services. The Council may provide by ordinance that the
cost of City services to streets, sidewalks, or other public or private property may be assessed
against property benefitted and may be collected in the same manner as special assessments.
Such costsservices shall not be deemed to be "special assessments" local improvements for the
purposes set forth in Section 8.801 of this chapter.
Section 5. That Chapter 8, Section 8.06, of the Lino Lakes City Charter is hereby
repealed:
Section 8.06. When under the pf4siens e€ section 8414. Subdivision 1, an improvement
is petitioned for by one hundred (100%) percent of the benefitted property owners, such property
sixty (60) days waiting period. After such petition, the
proposed project. (Amended)
Section 6. That Chapter 8. Section 8.07, of the Lino Lakes City Charter is hereby
amended as follows:
Section 8.074. Local Improvement; Special Provisions.
Subdivision 1. Except as provided in Subdivision 3, in the geographic areas of the City
described in Subdivision 2, the construction of local improvements, the levy of special
assessment for the financing of those improvements must be conducted in accordance with
procedures specified in state law.
Subdivision 2. Subdivision 1 applies to land within three (3) geographic areas, each not
exceeding 430 acres, legally described as follows:
AREA NO. 1 - Trunk Highway #49 (Hodgson Road) and County State Aid
Highway #23 Intersection (Lake Drive)
-All Government Lot 1. Section 30, T31. R22. PIN. 30-31-22-210001
-That part of Lots 14. 15, 16 and 17. Auditor's Subdivision No. 151 lying south and east of
State Trunk Highway #49 (Hodgson Road) right-of-way
AREA NO. 2 - Interstate I35E and County Road 242 (Main Street)
Interchange
- Northeast one quarter (1/4) of Section 24
- That part of the southeast one quarter (1/4) of Section 24 lying north of Cedar Street
- East one half (1/2) of the southwest one quarter (1/4) of Section 24
- East one half (1/2) of the northwest one quarter (1/4) of Section 24
AREA NO. 3 Interstate I35W and Trunk Highway #49 (Lake Drive)
Interchange
- North one half (1/2) of the southwest one quarter (1/4) of Section 18
- That part of the south one half (1/2) of the southwest one quarter (1/4) of Section 18 Lying
north of the Interstate I35W right-of-way
- That part of the southwest one quarter (1/4) of Section 17 lying west of Trunk Highway
#49 (Lake Drive) right-of-way
- All of the northwest one quarter (1/4) of Section 17 with the exception of that part of the
southeast one quarter (1/4) of said northwest one quarter (1/4) of Section 17 as
follows: beginning at a point at the intersection of the south line of said southeast one
quarter (1/4) of the northwest one quarter (1/4) with the east right-of-way line of
Trunk Highway #49; thence northeasterly along said right-of-way line 938.14 feet (+
or -) ; thence southeasterly 672. 39 (+ or -) feet to east line of said southeast one
quarter (1/4) of the northwest one quarter (1/4); thence south along said east line 588.5
(+ or -) feet to the south line of said southeast one quarter (1/4) of the northwest one
quarter (1/4); thence westerly along said south line 1021.59 feet (+ or -) to the point of
beginning.
- The north 720 feet of that part of the southwest one quarter (1/4) of the northeast one
quarter (1/4) of Section 17 lying west of the Anoka County Park property
- That part of the north one half (1/2) of the northeast one quarter (1/4) of Section 17 lying
west of the Anoka County Park property
- That part of the north one half (1/2) of the northeast one quarter (1/4) of Section 17
lying west of the Anoka County Park property
- The south one half (1/2) of southeast one quarter (1/4) of the southeast one quarter (1/4)
of Section 8
- The southeast one quarter (1/4) of the southeast one quarter (1/4) of the southwest one
quarter (1/4) of Section 8
- The east 330 feet (+ or -) of the northeast one quarter (1/4) of the southeast one quarter
(1/4) of the southwest one quarter (1/4) of Section 8
Subdivision 3. When construction of local improvements, the levy of special assessments
for the financing of those improvements specially benefit a parcel of real property, in an area
described in subdivision 2, on which a single family, owner occupied residential unit existed on
September 30, 1993, the owner/occupant of such residential unit may file a petition with the City
Clerk objecting to the special assessment to be levied against his/her parcel. Such petition shall
be filed with the City at or before the first public hearing to be held on the project. After the
filing of such petition the City may not specially assess such owner's property for the
improvements constructed unless the owner, at his/her option, in the future elects to connect to or
use the improvements constructed by the City. Any notice of hearing mailed to such single
family, owner occupied units shall include notice of the property owner's right to object to the
assessments as granted in this paragraph. This exception terminates on the first day that an
owner occupied residential unit no longer exists on the parcel of real property.
Jeff Reinert, Mayor
Attest: Julianne Bartell, City Clerk
Adopted by the Lino Lakes City Council this day of ; 2014.
The motion for the adoption of the foregoing ordinance was introduced by Council Member
and was duly seconded by Council Member and upon vote being taken
thereon, the following voted in favor thereof:
The following voted against same:
1St Reading: March 10, 2014
Publication:
2nd Reading:
Effective:
CITY OF LINO LAKES
ORDINANCE NO. 04-14
AN ORDINANCE AMENDING CHAPTER 8 OF THE LINO LAKES CITY
CHARTER, REGARDING PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS
The City Council of the City of Lino Lakes does ordain:
Section 1. That Chapter 8, Section 8.01, 8.02, 8.03, 8.04, 8.05 and 8.06 of the Lino
Lakes City Charter be and are hereby repealed:
Section 8.01. Power to Make Improvements and Levy Assessments.
The City may make any type of public improvements not forbidden by law and levy special
The total assessments for any local improvement may not exceed the cost of the improvement,
including all costs and expenses connected therewith, with interest. No assessment shall exceed
the benefits to the property.
Section 8.02. Effective Charter Provisions, Except as Provided in
Section 8.03. Local Improvement Ordinances and Regulations. Within one hundred
assessments. The ordinance(s) shall provide a complete working code covering the
determination of assessments and assessment districts, public hearings, appeals from a collection
of assessments, penalties for delinquency in making payments, financing of said assessments,
and the certifying of unpaid assessments for collection by the proper County officer. Said
appellate procedure, reassessment. if necessary, and all other matters apprepriate to the subject of
forth in such ordinance(s) and as otherwise contained in this Charter.
Section 8.01. Special Assessment Procedure.
Subdivision 1. All improvements to be paid for by special assessments against the
benefitted property shall be instituted by either, (1) a petition of at least twenty five percent
(25%) in number of the benefitted property owners (A benefitted property owner can only sign
once regardless of the number of benefitted parcels owned and a benefitted parcel can only have
a resolution adopted -by an affirmative vote of the majority of all of
The Council resolution shall state the nature and scope of proposed improvement including the
number of benefitted property owners, and shall provide means to obtain a cost estimate which
shall set forth the cost of the improvement both in unit price and in total thereof. Upon receipt of
such estimate, the Council shall by resolution set a date for a public hearing -en -the -proposed
shall be published twice, at least one week apart, in the official newspaper of the City no less
than two (2) weeks prior to the date
resolution including estimate unit prices and estimated total price thereof shall be mailed to each
benefitted property owner at his/her last known address at least tw (2) weeks prior to the date of
said hearing. Failure to give mailed notice, or any defects in the notice, shall not invalidate the
.. b .
Hirt the City :gall receive any written and oral statements, and hear any
petitioners for or against the proposed improvement. At such hearing the City Council shall
present a special assessment formula and an analysis of the assessment income expected to offset
the proposed improvement cost. A period of sixty (60) days shall elapse after the public hearing
before any further action shall be taken by the Council, on the proposed improvement. If within
such sixty (60) day period, in a petitioning process independent of the initiating process, a
filed with the Council a petition asking that the improvement be made, signed by property
owners proposed to be assessed for such improvement at least equal in number to those who
signed the petition against the improvement; in which event the Council may disregard the
Council before such petition is presented to the Council.
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
the City general fund, the Council shall submit the proposed local improvement and its
assessment formula to the voters of the City at the next general election. If no general election is
schedule a special election as soon as practicable to submit said improvement and its associated
assessment formula 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. (Amended 01/1312014)
Subdivision 3. When a proposed improvement is allowed under the foregoing
subdivision, and the public record of the proposed improvement contains all of the evidence on
which the Council shall base their decision, the Council may by resoluti n, at any time between
. - e conclusion of the public he-ar-ing, pnece e
improvement. If after bids arc received on the project the proposed contract exceeds the
estimated cost of the engineer stated at the public hearing held under Subdivision 1 by more than
ten (10%) percent, the City Council may not award the contract for the proposed improvement,
but may rebid the project for one (1) time only.
Subdivision /1. When a proposed improvement is disallowed under the foregoing
subdivisions, the Council shall not vote on the same
after the public hearing on said improvement.
cost of City services to streets, sidewalks, or other public or private property may be assessed
Such costs shall not be deemed to be "special assessments" for the purposes set forth in Section
8.03 of this chapter.
is petitioned for by one hundred (100%) percent of the benefitted property owners, such property
proposed project. (Amended)
Section 2. That Chapter 8 of the Lino Lakes City Charter be amended by adding thereto
a new Section 8.01 to read as follows:
Section 8.01. Local Improvements Defined: Charter Provisions Effective.
Subdivision 1. For the purposes of this Chapter. the term "local improvements" means
any public improvements financed in whole or in part from special assessments.
Subdivision 2. For the purposes of any objection or petition under this Chapter. (a) only
one person or entity may sign an objection or petition on behalf of all owners of a parcel: and (b)
if the same person or entity owns more than one parcel affected by a local improvement. that
person or entity may sign an objection or petition only once: and (c) for the purpose of
identifying recipients of any notice under this Chapter. owners are determined in accordance
with Minnesota Statutes. Section 429.031. subdivision 1.
Subdivision 3. The City may undertake any local improvements not forbidden by law
and levy special assessments to pay all or anv part of the cost of such local improvements. The
principal amount of special assessments for any local improvements shall not exceed the cost of
the local improvement. including all desien, financing and related costs. and shall not exceed the
benefit to the property determined in accordance with state law.
Subdivision 4. Local improvements shall be carried out exclusively under the provisions
of this Charter. except to the extent otherwise provided in Section 8.02.
Section 3. That Chapter 8 of the Lino Lakes City Charter be amended by adding thereto
a new Section 8.02 to read as follows:
Section 8.02. Local Improvement Procedure.
Subdivision 1. Local improvements shall be carried out in accordance with state law,
except as provided in this Section.
Subdivision 2, The notice of hearing mailed to the owner of each parcel within the area
proposed to be assessed shall include. in addition to the requirements of Minnesota Statutes,
Section 429.031. subdivision 1. an estimate of the proposed assessment for each individual
parcel proposed to be assessed.
Subdivision 3. A period of sixty (60) days shall elapse. after the public hearing held
pursuant to Minnesota Statutes, Section 429.031. subdivision 1. before any further action shall be
taken by the Council. on the proposed improvement. If within such sixty (60) day period. a
petition against such improvement is filed with the Council. signed by a majority of the owners
proposed to be assessed for such improvement, the Council shall not make such improvement at
the expense of the property benefitted. unless, in the meantime there be filed with the Council a
petition asking that the improvement be made, signed by property owners proposed to be
assessed for such improvement at least equal in number to those who signed the petition against
the improvement. in which event the Council may disregard the petition against the
improvement. Any person whose name appears on a petition to the Council for a local
improvement. may withdraw his/her name by statement in writing filed with the Council before
such petition is presented to the Council.
Subdivision 4. If any portion of the cost of a local improvement is to be paid from ad
valorem taxes. then the City may proceed with the local improvement. and may issue general
obligation bonds to finance the local improvement. only after obtaining approval of a majority of
the voters voting on the question at a general or special election. The ballot shall generally
describe the proposed local improvement. the estimated principal amount of bonds to be issued
to finance the local improvement, and the estimated percentage of total debt service on the bonds
expected to be paid from ad valorem taxes.
Subdivision 5. Street reconstruction and bituminous overlays. Not withstanding
subdivision 4, the City may proceed with a street reconstruction or bituminous overlay project
and may issue general obligation bonds if the conditions of Minnesota Statutes. Section 475.58,
subdivision 3b. are met.
Subdivision 6. When a proposed improvement is allowed under subdivisions 3. 4 or 5,
notwithstanding anything to the contrary in Minnesota Statutes, Section 429.031, subdivision 1.
clause (f). a resolution ordering the local improvement may be adopted at any time between sixty
(60) days and one (1) year after the date of the public hearing by vote of a majority of all
members of the council when the local improvement has been petitioned for by not less than 35
percent of the owners of the real property within the area proposed to be assessed as defined in
the petition as the location of the local improvement: and when there has been no such petition.
the resolution may be adopted only by vote of four-fifths of all members of the council.
Subdivision 7. If the voters do not approve a local improvement and issuance of bonds at
an election as may be required by subdivision 4 or subdivision 5. the provisions of Minnesota
Statutes. section 475.58. subdivision. la shall apply.
Subdivision 8. When under the provisions of section 8.02. subdivision 1. an improvement
is petitioned for by one hundred (100%) percent of the benefitted property owners. the City
Council may immediately order the proposed project.
Section 4. That Chapter 8, Section 8.05, of the Lino Lakes City Charter be
amended as follows:
Section 8.05-3. Assessments for Services. The Council may provide by ordinance
that the cost of City services to streets, sidewalks, or other public or private property may be
assessed against property benefitted and may be collected in the same manner as special
assessments. Such costsservices shall not be deemed to be " . -- "local
improvements for the purposes set forth in Section 8.8301 of this chapter.
Section 5. That Chapter 8, Section 8.07, of the Lino Lakes City Charter be amended as
follows:
Section 8.07-4. Local Improvement; Special Provisions.
Subdivision 1. Except as provided in Subdivision 3, in the geographic areas of the City
described in Subdivision 2, the construction of local improvements, the levy of special
assessment for the financing of those improvements must be conducted in accordance with
procedures specified in state law.
Subdivision 2. Subdivision 1 applies to land within three (3) geographic areas, each not
exceeding 430 acres, legally described as follows:
AREA NO. 1 - Trunk Highway #49 (Hodgson Road) and County State Aid
Highway #23 Intersection (Lake Drive)
-All Government Lot 1, Section 30, T31. R22, PIN. 30-31-22-210001
-That part of Lots 14, 15, 16 and 17, Auditor's Subdivision No. 151 lying south and east of
State Trunk Highway #49 (Hodgson Road) right-of-way
AREA NO. 2 - Interstate I35E and County Road 242 (Main Street)
Interchange
- Northeast one quarter (1/4) of Section 24
- That part of the southeast one quarter (1/4) of Section 24 lying north of Cedar Street
- East one half (1/2) of the southwest one quarter (1/4) of Section 24
- East one half (1/2) of the northwest one quarter (1/4) of Section 24
AREA NO. 3 Interstate I35W and Trunk Highway #49 (Lake Drive)
Interchange
- North one half (1/2) of the southwest one quarter (1/4) of Section 18
- That part of the south one half (1/2) of the southwest one quarter (1/4) of Section 18 lying
north of the Interstate I35W right-of-way
- That part of the southwest one quarter (1/4) of Section 17 lying west of Trunk Highway
#49 (Lake Drive) right-of-way
- All of the northwest one quarter (1/4) of Section 17 with the exception of that part of the
southeast one quarter (1/4) of said northwest one quarter (1/4) of Section 17 as
follows: beginning at a point at the intersection of the south line of said southeast one
quarter (1/4) of the northwest one quarter (1/4) with the east right-of-way line of
Trunk Highway #49; thence northeasterly along said right-of-way line 938.14 feet (+
or -) ; thence southeasterly 672. 39 (+ or -) feet to east line of said southeast one
quarter (1/4) of the northwest one quarter (1/4); thence south along said east line 588.5
(+ or -) feet to the south line of said southeast one quarter (1/4) of the northwest one
quarter (1/4); thence westerly along said south line 1021.59 feet (+ or -) to the point of
beginning.
- The north 720 feet of that part of the southwest one quarter (1/4) of the northeast one
quarter (1/4) of Section 17 lying west of the Anoka County Park property
- That part of the north one half (1/2) of the northeast one quarter (1/4) of Section 17 lying
west of the Anoka County Park property
- That part of the north one half (1/2) of the northeast one quarter (1/4) of Section 17
lying west of the Anoka County Park property
- The south one half (1/2) of southeast one quarter (1/4) of the southeast one quarter (1/4)
of Section 8
- The southeast one quarter (1/4) of the southeast one quarter (1/4) of the southwest one
quarter (1/4) of Section 8
- The east 330 feet (+ or -) of the northeast one quarter (1/4) of the southeast one quarter
(1/4) of the southwest one quarter (1/4) of Section 8
Subdivision 3. When construction of local improvements, the levy of special assessments
for the financing of those improvements specially benefit a parcel of real property,. in an area
described in subdivision 2, on which a single family, owner occupied residential unit existed on
September 30, 1993, the owner/occupant of such residential unit may file a petition with the City
Clerk objecting to the special assessment to be levied against his/her parcel. Such petition shall
be filed with the City at or before the first public hearing to be held on the project. After the
filing of such petition the City may not specially assess such owner's property for the
improvements constructed unless the owner, at his/her option, in the future elects to connect to or
use the improvements constructed by the City. Any notice of hearing mailed to such single
family, owner occupied units shall include notice of the property owner's right to object to the
assessments as granted in this paragraph. This exception terminates on the first day that an
owner occupied residential unit no longer exists on the parcel of real property.
Jeff Reinert, Mayor
Attest: Julianne Bartell, City Clerk
Adopted by the Lino Lakes City Council this day of , 2014.
The motion for the adoption of the foregoing ordinance was introduced by Council Member
and was duly seconded by Council Member and upon
vote being taken thereon, the following voted in favor thereof:
The following voted against same:
March 12, 2014
Connie Sutherland, Chair
Lino Lakes Charter Commission
889 Main Street
Lino Lakes, MN 55014
Dear Chair Sutherland:
SENT VIA U.S. MAIL and
ELECTRONIC MAIL
March 12, 2014
The Lino Lakes City Council has been considering a proposed amendment to the City Charter,
Chapter 8 regarding Public Improvements and Special Assessments. The Council's discussion
has led to the development of two (2) options for consideration. Following deliberation the
Council felt that forwarding both options to the Charter Commission would allow for greater
opportunity for the Commission to provide input.
Amendment Option 1, Ordinance No 03-14 is generally consistent with the amendment placed
before voters in 2012. The following changes have been incorporated:
1. Clarifies language in Section 8.02, subdivisions 2, 3, and 4 regarding benefiting
properties to address concems over area assessments.
2. Changes the percentage of signatures needed to require an election from 12% to 5%.
3. Changes the period of time for residents to submit a petition for an election from 30 days
to 45 days.
4. Retains language from the current City Charter regarding Assessment for Services with
minor technical clarifications.
5. Retains language from the current City Charter regarding Charter exempt areas.
Amendment Option 2, Ordinance No. 04-14
Amendment Option 2 provides a different alternative than what was previously considered. The
proposed amendment carries forward much of the existing charter process, incorporates
components of the 2012 amendment providing consistency with existing state law and provides a
specific exemption from election requirements of the charter for street reconstruction projects.
1. Section 8.01, Subd. 1 same as amendment option 1.
2
2. Section 8.01, Subd. 3 same as amendment option 1.
3. Section 8.02, Subd. 1 same as amendment option 1.
4. Section 8.02, Subdivision 2 requires that the notice of hearing include an estimate of the
proposed assessment for each parcel proposed to be assessed.
5. Section 8.02, Subdivision 3, generally follows the existing charter language regarding the
60 day petitioning process with the exception of the procedural requirements that would
now follow the provisions of state law.
6. Section 8.02, Subdivision 4, generally follows the charter requirement that an election be
held if ad valorem taxes (property taxes) are proposed to be used.
7. Section 8.02, Subdivision 5, is a new section specifically relating to street reconstruction
and bituminous overlays. This section would allow for the City to proceed without
election on projects that meet the requirements of Minnesota Statutes, Chapter 475,
subdivision 3b. These requirements include:
a) The city prepares a 5 year street reconstruction plan
b) A public hearing is held on the street reconstruction plan
c) The plan is approved by unanimous vote of the City Council
d) 30 day period for petition to hold an election following public hearing. Petition must
be signed by voters equal to 5% of the votes cast in the last municipal general
election.
e) If no petition is received the city may issue bonds without election.
Section 8.02, Subdivision 6, generally follows state law provisions for ordering a project but
incorporates technical clarifications to address the allowable timeline for doing so.
Section 8.02, Subdivision 7, provides requirements in the event that the project is not allowed in
accordance with state law or charter provisions (MN Statutes, Section 475.58, Subdivision 1 a).
In this case the question cannot be resubmitted to the voters for a period of 180 days (6 months).
If it fails again it cannot be submitted for a period of 1 year. The current charter does not allow
the City Council to take any action on a proposed project for one year from the date of the public
hearing if defeated.
Section 8.02, Subdivision 8, allows for projects that are petitioned for by 100% of property
owners, paying 100% of costs to be ordered immediately by council. This is consistent with
state law requirements. The current charter requires the public hearing to be held and requires
owners to supply a separate petition to waive 50 of the 60 day petition period.
Section 8.03, addresses special assessments for city services. This is an existing charter
provision and provided for in state law. The language includes minor technical revisions for
consistency with the provisions of Section 8.01.
600 Town Center Parkway, Lino Lakes, MN 55014
Phone: 651-982-2400 • Fax: 651-982-2499
3
Section 8.04, is the renumbered Section 8.07 relating to charter exempt areas.
On March 10, 2014 the Lino Lakes City Council approved the 1st reading of Ordinance No. 03-
14 and Ordinance No. 04-14 Amending Chapter 8 of the Lino Lakes City Charter, Regarding
Public Improvements and Special Assessments. The Council hereby submits these amendments
for review and comment by the Charter Commission in accordance with Minnesota Statutes,
Section 410.12, subd. 5. It is requested that the Charter Commission review these amendments
and respond to the Council within 60 days after the date of this letter. The Council understands
that the Charter Commission may extend the time for review by an additional 90 days if (within
the initial 60 -day period) the Commission files with the city clerk a resolution determining that
additional time is needed.
The Council appreciates your efforts and looks forward to receiving your input on these
amendments.
Sincerely,
Julie Bartell
City Clerk
Enclosure(s): Ordinance No. 03-14
Ordinance No. 04-14
Reference Material:
Mn Statutes, Section 429.031, 429.101, 475.58 Subd. la, 475.058, subd 3b
600 Town Center Parkway, Lino Lakes, MN 55014
Phone: 651-982-2400 • Fax: 651-982-2499