HomeMy WebLinkAbout1982-086 Council OrdinancesAJ\ zLj )ti8,
CITY OF LINO LAK1S
COUNTY OF ANOKA
STATE OF MINNESOTA
1
ORDIANCE NO. 86
AN ORDINANCE ESTABLISHING A LOCAL IMPROVEMENT PROCEDURE.
The City Council of Lino Lakes Ordains:
Section I. Purpose
This ordinance is adopted pursuant to the Lino Lakes City Charter,
specifically Section 8.03, and for the purposes set forth therein.
Section II. Definitions.
For purposes of this ordinance, the words below shall have the
meanings given them in this section.
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Subdivision 1. Local Improvement. Local improvement shall mean
a public improvement financed partly or wholly from special assessments
Subdivision 2. Petition. Petition shall mean a written document
presented to the Council for purposes relating to a local improvement
as set forth in this ordinance. A petition shall contain a clear
statement of its purpose on the top of each page upon which signatures
appear purporting to validate the same. All signatures shall be
accompanied by the address of the signator, the date of the signature
and a printing of the signator's name.
Section III. Initiation of Improvements.
Subdivision 1. Petition. A local improvement may be initiated
by a petition of at least 25% of the benefitted property owners. Pro-
vided, however, that a benefitted property owner can'only sign once
regardless of the number of benefitted parcels owned, and a benefitted
parcel can have only one signature. The petition shall be presented
to the City Clerk who shall place it on the agenda at the next available
Council meeting for its consideration. The Council shall review the
petition, as to its adequacy under this ordinance and the City Charter.
If the Council finds that it meets the criteria therein it may adopt
a Resolution by affirmative vote of the majority of all Council members
which contain the following:
(1) The nature and scope of the proposedimprovement including
the numner of benefitted property owners; and
(2) Shall provide a means to obtain a cost estimate for the total
cost of the improvement and unit prices thereof which will be the
basis for assessment.
Subdivision 2. Council Resolution. As an alternative to the
method prescribed in Subdivision 1 above, a local improvement may be
initiated by a Resolution adopted by a four -fifths affirmative vote
of all Council members. Said Resolution shall contain the same pro-
visions as the Resolution set forth in Subdivision 1 above.
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Section IV. Hearing
Subdivision 1. Notice and Setting. Upon receipt of the estimate,
set forth in Section 2 above, the Council shall by Resolution set a
date for a public hearing on the proposed improvement, setting forth
the time, place and purpose of the hearing. The Resolution shall be
published twice, at least one week apart, in the official newspaper
of the City, no less that two.: weeks prior to the date of the hearing
Additionally, a copy of the Resolution, including estimated unit
prices and estimated total price thereof, shall be mailed to each
benefitted property owner at his or her last known address at least
two weeks prior to the hearing. Failure to give mailed notice, or
any defects in the notice shall not invalidate the proceedings.
Subdivision 2. Hearing. At the hearing as set above, the City
Council shall present a special assessment formula and an analysis
of the assessment income expected to offset the proposed improvement
cost. After presentation of the above, the City Council shall receive
any written or oral statements, and hear any petitioners for or against
the proposed improvement.
Subdivision 3. Petition. A period of sixty 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 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 assessedfor the improve-
ment,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 improve-
ment; in which event the Council may disregard the petition against
the improvement.
Subdivision 4. Petitions - Generally. Any person's name who
appears on any petition allowed by this ordinance or the City Charter
may cause his or her name to be withdrawn from said petition for a;
local improvement by filing a signed written statement requesting
the same with the City Council before the petition is presented to
the City Council.
Section V. Elections. In the event that less than 100% of the
esitamated cost of any local improvement is to be paid for by special
assessment, the Council shall, within 120 days of the conclusion of
the public hearing, submit the proposed local improvement and the
proposed assessment formula to a special election. If no election
is scheduled during said period, the Council shall schedule a
special election within said period. The ballot shall contain the
n total price, a description of the project, unit prices and assess-
ment formulas. If a majority voting on the question are opposed, the
Council shall proceed no further with the local improvement. If a
majority of those voting on the question are not opposed, the Council
may proceed with the improvement.
Section VI. Ordering Improvement. When the proposed improvement
is allowed under the foregoing sections, the Council may by Resolution,
at any time between 60 days and 1 year after the conclusion of the
public hearing in Section 3, Subdivision 1, proceed on the improvement
by advertising for bids and the letting of the contract. Provided,
however, that no contract shall let in the event that the contract
exceeds the estimated cost of the improvement by 10%.
Section VII. Unapproved Improvement Projects. In the event
that a proposed improvement is disallowed either by petition or election,
the Council shall not consider the same improvement within one (1)
year after the hearing on said improvement. Any reconsideration of
said improvement must be treated as a new improvement under this
ordinance and the City Charter.
Section VIII. Council Procedure and Financing. The provisions of
Minnesota Statutes 429.041 through 429.091, except for Minnesota
Statutes 429.041, Subdivision 7, are hereby adopted by reference and
shall govern local improvements as if fully set out herein.
Section IX. Determination of Assessments. All assessment of
property under this ordinance shall be pursuant to Minnesota Statutes
429.051. Further, all properties, to the maximum extent allowed by
this ordinance and law, shall be included within the assessment district
and assessed. All assessments within an assessment district shall be
uniform for the assessment based upon benefits received.
Section X. Effective Date. This Ordinance shall be effective
from and after its passage and publication in accordance with Section
3.07 of the Lino Lakes City Charter.
Passed this 24th day of May, 1982 by the Lino Lakes City Council.
Benjamin G. Benson, Mayor
Edna L. Sarner, Clerk -Treasurer