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HomeMy WebLinkAbout10-20-1988 Charter Minutes r" Charter Commission Meeting _ October 20, 1988 Meeting called to order 7 :03PM. Members Present: Chairman Jerry Hanson, Eugene Blomquist, \ Jean Goldade, Paul Howard, Bernice Juleen, Sally Kuether, Ron Mikolai , Kay Murphy, Kim Olson, Al Ross, Warren Schlichting, Debra Smith, Royce Zaudtke. City Representatives : H. Bisel, Councilman R. Schumacher, City Administrator Absent: Member Curtis Pelarski Motion by Al Ross to accept the minutes of the . Sept. 15th meeting. Second by Kay Murphy. Carried. Each member had received a mailed packet containing: A draft of amendment changes on Chapter VIII proposed by David Kennedy, City Bond Counsel, titled' 3'-17-88 DJR; A draft of rewording to Chapter VIII , titled 9-20-88 JH; Various copies of other city charters for comparison; A booklet purchased from the League of Cities. . Tabled issue of September 15, 1988 meeting was discussed atlength. Mr. D. Kennedy was asked to explain M.S. 429 . Jerry Hanson explained proposed rewording, titled 9-20-88 JH. Warren Schlichting categorized four alternatives presently under study with the Commission. 1•. . Keep the Charter as it is. 2. Proposed rewording, titled 9-20-88 JH. 3 . Mr. Kennedy's draft, titled 3-17-88 DJK. 4 . M.S . 429 . As a process of elimination, each alternative was con- sidered as follows: Motion by Warren Schlichting not to leave the Charter as it is. Second by Royce Zaudtke. Aye: 8 No: - 4. Motion by Al Ross to consider rewording of Section 8, titled 9-20-88 JH. Second by Eugene BlomSluist. ` _ Aye: 7 No: 6 . Motion by Paul Howard to hold for discussion DJK Draft dated 3-17-88. Second by Sally Kuether. Aye: 8 No: 4 . Motion by Sally Kuether to hold for discussion M.S. 429. Second by Debra Smith. Aye: 8 No: 4. Motion by Paul Howard to consider all three proposals at the next meeting. Second by Warren Schlichting. Carried. Motion by Al Ross for the next meeting to be held Thursday November 17 , 1988 at 7PM. Second by Ron Mikolai . Carried. Motion by Al Ross to adjourn. Second by. Paul Howard. Carried. Adjournment at 9 : 40PM. Submitted by: Bernice Juleen DJK DRAFT 3-17-88 TEXT OF PROPOSED AMENDMENT TO CHAPTER 8 OF LINO LAKES CITY CHARTER r 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 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 . 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 Minnesota Statutes, Chapter 429 or any successor statute providing a uniform method of constructing local improvements in cities. 8 .03. Protest. Subdivision 1 . Not later than 15 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 be, in the form prescribed by ordinance. 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 15 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 when 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 construction of the local improvement project . The resolution determining the validity and sufficiency of the protest must be published in the same manner as, and has the same effect of, a resolution determining the adequacy of a petition for a local improvement pursuant to law. f 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 local improvement project for a period of six months after the adoption of the resolution determining the validity and sufficiency of the protest, 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. 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 . Subd. 5 . For purposes of determining the validity and sufficiency of a protest filed under this section the City Council may rely on suchrecords as it deems advisable including those records usable for the purpose of mailed notice as provided by law. _ Subd . 6 . Except where a petition has been received from all owners of property proposed to be assessed for a local improvement project. in the manner provided by law, the City Council may not order the construction of a local improvement until 15 days after the conclusion of the public hearing or adjournment thereof required by law; to precede the ordering of a local improvement project . Section 8 .02 through 8 . 06 , inclusive, of the City Charter of the City of Lino Lakes are repealed. 05270388 .F16 ' Y 9 17 2188 Section 5.04 Special Assessment Procedure Subdivision 1. All improvements to be paid for by special assessments shall be instituted by either (1) a petition of at least twenty-five percent(25%) in numbers of owners of real property abutting on the streets named in the petition, (a property owner can only sign once regardless of the number of abutting parcels owned and a abutting 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(415) affirmative vote of all of the council . The council resolution must state the description, define the bounderies, provide the number of owners of real property abutting on the streets within the boundaries, and provide a means to obtain a cost estimate which shall set forth the cost of the improvement both in unit price and in total thereof. The council shall direct a compentent person to complete the cost estimate and preliminary report on the proposed improvement. Upon receipt of such estimate and preliminary report the council shall by resolution set a date for a public hearing on the proposed improvement setting forth therein the time, place, purpose of such hearing, description of improvement, bounderies, number of owners abutting on the streets within the bounderies, and estimated cost of proposed improvements. 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 setting the public hearing along with a a ' j 1 page 2 the explanation of procedures to be followed at the public hearing shall be mailed to each owner of real property abutting on the streets named in the proposed improvement 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 proceeding. The tax records of the County Auditor are used to determine ownership of real property abutting on the streets named in 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. At such hearing the city council can reduce the extent of the improvement as defined in the resolution setting the public hearing, and mailed to each owner of real property abutting on the streets named in the proposed improvement but cannot enlarge on the project. A period of sixty (60) days shall elaspe after the public hearing before any futher action shall be taken by the council on the proposed improvements. If the sixty(60) day period elapses without petitions against the proposed improvement the council can 1) if the improvement was commenced by a petition of twenty-five percent (25%) in numbers of owners of real property abutting on the streets named in the petition adopt a resolution to proceed with the proposed improvement by majority affirmative vote of all members of the council or 2) if the council initiated the proposed improvement adopt a resolution to proceed with the proposed improvement by a four-fifths (4/5) r � page affirmative vote of all members of the council . If within such sixty (60) day period, in a petitioning process independent of the initiating process, a petition against such improvements be filed with the council , signed by a majority of the owners of real property abutting on the streets named in the proposed improvement or when the improvement has been petitioned for, signed by a number of owners of real property abutting on the streets named in the initiating petition, at least equal to the number of those owners who petitioned for the improvement, the council shall not make such improvement, unless, in the meantime there be filed with the council a petition asking that the improvement be made, signed by an equal number of owners of real property abutting on the streets of the proposed improvement at least equal in number to thosb 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 tothe council for a local improvement, may with- draw his/her name by statement in writing filed with the Clerk- Treasurer before such petition is presented to the council . ' f page 4 Subdivision 3. When a proposed improvement is allowed under the foregoing subdivisions, and the public record of the proposed improvement contains 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 as presented at the public hearing held under subdivision 1 by more than ten (10) oercent, the city council may not award the contract for the proposed improvement, but may rebid the project for one time only. subdivision 4. When a proposed improvement is disallowed (prohibited by petition, voted down, or exceeding the cost by more than ten (10) percent) under the foregoing subdivision, the council shall not vote on the same improvement or a substantially similar local improvement within a period of one year after the public hearing on said improvement. page 5 section 8.06. When under the provisions of section 8.04, subdivision 1 , an improvement is petitioned for by one hundred r (100%) percent of the property owners of property to be benefited such property owners may after the mailing of notice of a public hearing and having the public hearing, petition to waive fifty (50) of the sixty(60) day waiting period. After such petition, the city council may immediately order the proposed project.