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HomeMy WebLinkAbout03-16-1989 Charter Packet z DATE : February 28 , 1989 TO : All Charter Commission Members FROM: Jerry Hanson, Chairman SUBJECT: Special Charter Commission Meeting A Charter Commission meeting has been set for Thursday, March 16th, at 7 : OOP.M. in Lino Lakes City Hall . On Monday the 27th of February, the City Council referred the pro- posed amendment to Chapter 8 back to the Commission for further work to include a "protest" provision. In previous meetings we had reached substantial agreement on the proposal submitted by DJK. The changes as agreed on were retyped and included with the announcement of the January 19 , 1989 meeting. Please contact City Hall or myself if you have conflict with the meeting date. Jerry Hanson (W) 921-8997 (H) 464-5035 City Hall 464-5562 TEXT OF PROPOSED .AMENDMENT TO CHAPTER 8 OF LINO LAKES CITY CHARTER (Retyped with changes ) Chapter 8 of the charter of the City of Lino Lakes is amended to read : 8 . 01 . Power to make improvements and levy assessments . The City may make any type of public improvements not for- bidden by law and levy special assessments to pay all or any part of the cost of such improvments 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 . (The above reads the same as original draft ) . 8 . 02 Procedures . The procedures for conducting local improvement; projects financed in whole or in part by special assessments against benefitted property are those provided by law and Section 8 . 03 of this charter and must be followed exclusively. The term "by law" as used in this chapter means Minn.esota. Statutes , Chapter 429 or any successor statute providing a uniform method of constructing local. improvements in cities . (The above reads the same as o.riginal.. draft ) . 8 . 03 . Protest . Subdivision 1 . Not later than 45 days after the conclusion of the public hearing or adjournment. thereof required by law to precede the ordering of the construction of a local improvement project the owner or owners of real property included in the area proposed to be assessed for the local improvement may file a written protest: with the recording officer of the City. The protest must he in the form prescribed by ordinance . ( Line 1 changed to 45 days ) . Subd . 2 . If a protest is filed as provided in Subdivi- sion 1 , the City Council must , by resolution adopted at, its next regular meeting or at a special meeting called for that purpose after the expiration of the 45 day period for filing protests , determine the validity and sufficiency of the protest . If the protest is determined to be valid and sufficient as to a single parcel of property proposed to be assessed for the local improvement, and the protest contains the names of a majority of the owners of that parcel of property, the City Council may not include that, parcel of property in the local improvement project -.hen ordered for construction . If the protest is determined to be valid and sufficient: and contains the names of owners of a majority by area of all parcels of property proposed to be assessed for the local improvement, the City Council may not order the s � construction of the local improvement project . The resolution determing the validity and sufficiency of the protest must be published in the same mangier as , and has the same effect of, a resolution determining the adequacy of a petition for a local improvement pursuant to law. ( Line 4 changed to 45 days ) . Subd . 3 . If a local improvement project or portion thereof is not ordered because of protest: as provided in this section the City Council may not initiate proceedings for the same or a substantially similar loc::a.l improvement project for a period of six months after the adoption of the resolution determining the validity and sufficiency of the pretest , but, the owners of property in the area proposed to be assessed may initiate proceedings for the same or a. substantially similar local improvement project at any time in the manner provided by law. (No changes ) . Subd . 4 . An owner of property signing a protest under this section may withdraw his or her name from the protest at any time prior to the adoption of the Council_ resolution determining the validity and sufficiency of the protest . ( No changes ) . Subd . 5 . For purposes of determining the validity and sufficiency of a protest filed under this section the City Council may rely on such records as it deems advisable , such as County ,assessors record; including those records usable for the purpose of mailed notice as provided by law. tInsertion as per minutes on Line 4 ) . Subd . 6 . Except where a petition has been received from all owners of property proposed to be assessed for a. local improvement projectt in the manner provided by law, the City Council may not order the construction of a local improvement until 45 days after the conclusion of the public hearing or adjournment thereof required by law to precede the ordering of a local_ improvement project . ( Line 5 changed to 45 days ) . Section 8 . 02 through 8 . 06 , inclusive , of the City Charter of the City of Lino Lakes are repealed.