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Home My WebLink About2005-139 Council ResolutionSTATE OF MINNESOTA CITY OF LINO LAKES RESOLUTION NO. 05-139 CALLING FOR AN ELECTION RELATING TO LOCAL IMPROVEMENTS (2007 STREET RECONSTRUCTION PROJECT) Background A. The City Council (the "Council ") of the City of Lino Lakes, Minnesota (the "City ") has proposed to undertake the improvement and reconstruction of certain streets as described in the West Shadow Lake Drive Area Feasibility Study, dated June 3, 2005 (the "2007 Street Reconstruction Project "). B. The 2007 Street Reconstruction Project consists of reconstruction, storm sewer, sanitary sewer and water mains and bicycle/pedestrian trails on West Shadow Lake Drive (from, Birch Street to its northern terminus), Sandpiper Drive (from West Shadow Lake Drive to its western terminus) and Shadow Court (from West Shadow Lake Drive to its western terminus). C. The City intends to pay for 52.7% of the cost of the Project through special assessments levied against benefited properties abutting the relevant streets (including property owned by the City), in accordance with standard City assessment policies and procedures. D. The Council held a public hearing on the Project on July 11, 2005 in accordance with Section 8.04 of the City Charter. E. Under Section 8.04, subdivision 2 of the City Charter, because less than 100% of the cost of the Project is to be paid for by special assessments, connection charges or any outside funding sources other than the City general fund, the City must, within 120 days after the public hearing, submit the 2007 Street Reconstruction Project and its assessment formula to the voters of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA AS FOLLOWS: 1. The Council hereby calls for an election to be held pursuant to Section 8.04 of the City Charter and Minnesota Statutes, Chapter 205 on Tuesday, November 8, 2005, from 7:00 a.m. to 8:00 p.m. relating to the Project. 2. The question to be voted on shall read as follows: SJB- 267969v1 LN140 -94 QUESTION 1: 3 -119C- The City Council of the City of Lino Lakes is considering the improvement and reconstruction of certain streets in the City, as described in the West Shadow Lake Drive Area Feasibility Study, dated June 3, 2005, referred to as the 2007 Street Reconstruction Project. The total cost of the 2007 Street Reconstruction Project is estimated to be $4,800,740. Approximately 52.7% of the cost is proposed to:be paid by levying special assessments against the benefited property abutting the relevant streets, including property owned by the City, in accordance with standard City assessment policies. Approximately 47.3% of the cost is proposed to paid by City utility funds and the City general fund, including revenues from a property tax levied against all property in the City. The City Charter requires voter approval before undertaking a local improvement financed in part by the general fund. SHOULD THE CITY OF LINO LAKES BE AUTHORIZED TO UNDERTAKE THE 2007 STREET RECONSTRUCTION PROJECT, AND TO PAY APPROXIMATELY 52.7% OF THE COST FROM SPECIAL ASSESSMENTS LEVIED ACCORDING TO CITY POLICIES AND 47.3% OF THE COST FROM THE CITY GENERAL FUND INCLUDING REVENUES FROM A LEVY ON ALL TAXABLE PROPERTY IN THE CITY? 3. The City Clerk is hereby directed to (i) publish and post the notice of election in the City's official newspaper, substantially in the form attached hereto as Exhibit A at least two weeks before the election; (ii) publish a sample ballot in the City's official newspaper at least one week before the election; (iii) post a sample ballot in City Hall for public inspection, and at each polling place, at least four days before the election; and (iv) provide written notice of the election to the County Auditor of the County of Anoka at least 53 days before the election, including the date of the election and title and language for the ballot question; all as required by Chapter 205. 4. The City finds and determines that the foregoing recitals are true and correct. 5. This resolution shall take effect from and after its adoption. Adopted this 13th day of September, 2005: ATTEST: SJB- 267969v1 LN140 -94 CITY OF LINO LAKES, MINNESOTA 4 -119D- EXHIBIT A FORM OF NOTICE NOTICE OF ELECTION CITY OF LINO LAKES, MINNESOTA NOTICE IS HEREBY GIVEN, that an election has been called and will be held in and for the CITY OF LINO LAKES, State of Minnesota, on Tuesday, November 8, 2005, for the purpose of voting on the following question: INSTRUCTIONS TO VOTERS: To vote for a question, fill in the oval next to the word "YES" for that question. To vote against a question, fill in the oval next to the word "NO" for that question. CITY QUESTION NO. 1: FINANCING OF STREET PROJECT AND LEVYING OF TAXES The City Council of the City of Lino Lakes is considering the improvement and reconstruction of certain streets in the City, as described in the West Shadow Lake Drive Area Feasibility Study, dated June 3, 2005, referred to as the 2007 Street Reconstruction Project. The total cost of the 2007 Street Reconstruction Project is estimated to be $4,800,740. Approximately 52.7% of the cost is proposed to be paid by levying special assessments against the benefited property abutting the relevant streets, including property owned by the City, in accordance with standard City assessment policies. Approximately 47.3% of the cost is proposed to paid by City utility funds and the City general fund, including revenues from a property tax levied against all property in the City. The City . Charter requires voter approval before undertaking a local improvement financed in part by the general fund. SHOULD THE CITY OF LINO LAKES BE AUTHORIZED TO UNDERTAKE THE 2007 STREET RECONSTRUCTION PROJECT, AND TO PAY APPROXIMATELY 52.7% OF THE COST FROM SPECIAL ASSESSMENTS LEVIED ACCORDING TO CITY POLICIES AND 47.3% OF THE COST FROM THE CITY GENERAL FUND INCLUDING REVENUES FROM A LEVY ON ALL TAXABLE PROPERTY IN THE CITY? BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE. The amount of taxes that would be raised in the first year of the property tax levy to pay a portion of the cost of the 2007 Street Reconstruction Project is estimated to be approximately $241,000. The maximum amount of increased levy is estimated to be approximately .016% of the taxable market value of property in the city. YES ONO SJB- 267969v1 LN140 -94 A -1 -119E- The precincts and the polling places for this election will be as follows: PRECINCT #1 LINO LAKES SENIOR CENTER, 1189 MAIN STREET 1 Mile East of Intersection Lake Drive and Main Street PRECINCT #2 CENTENNIAL FIRE STATION #2, 7741 LAKE DRIVE 1/2 Mile South of Intersection Lake Drive & Main Street or 3/10 Mile North of Intersection Apollo Drive and Lake Drive PRECINCT #3 ST. JOSEPH CATHOLIC CHURCH, 171 ELM STREET 1/2 Mile West of Intersection Lake Drive and Elm Street or 1/2 Mile East of Intersection Sunset Road & Elm Street PRECINCT #4 RICE LAKE ELEMENTARY SCHOOL, 575 BIRCH STREET 1/2 Mile East of Intersection Hodgson Road & Birch Street or 2 /2 Miles West of Intersection Centerville Road & Birch Street PRECINCT 115 RICE CREEK COVENANT CHURCH, 125 ASH STREET Approx. 1/2 Mile West of Intersection Ash Street and Co. Rd. 49 (Hodgson Road) PRECINCT #6 LIVING WATERS LUTHERAN CHURCH, 865 BIRCH STREET 1/2 Mile East of Rice Lake Elementary or 2 Miles West of Centerville Road The polls for said election will be open at 7:00 a.m. and will remain open until closing at 8:00 p.m. Any qualified registered voter of the City is entitled to vote at said election, and any resident of the City not previously registered as a voter may register on election day. • Dated: _ Cep, / , 2005. SJB- 267969v1 1N 140 -94 • AGENDA ITEM 6F STAFF ORIGINATOR: Michael Grochala COUNCIL MEETING DATE: September 12, 2005 TOPIC: Resolution No. 05-139 Calling for an Election Related to Public Improvements (2007 Street Reconstruction Project) VOTE REQUIRED: Simple Majority BACKGROUND: In March of 2005 the City Council initiated the street reconstruction project for the Shenandoah Area. In May of 2005, following receipt of a petition from property owners the council initiated the West Shadow Lake Drive Area reconstruction project. Feasibility studies were completed in June of 2005 for both projects. On July 11, 2005 the City Council held public hearings for both projects. In accordance with City Charter requirements 60 days must elapse from the date of the public hearings, prior to further action by the City Council. The 60 day period ends on September 10, 2005. During the 60 day period the City received a petition against the proposed improvements from a majority of property owners from the Shenandoah Area (Council Agenda Item 6G). No petitions satisfying the Charter requirements were received for the West Shadow Lake Drive Area (the City received a petition from one property owner for and one property owner against). In accordance with Charter requirements the next step in the process is to call.for an election on the proposed improvements. Due to the petitioning process only the West Shadow Lake Drive Area project will be included on the ballot. The Charter requires that the election be held within 120 days of the date of the public hearing. Staff has prepared Resolution No 05 -139 calling for the election and approving the question to be voted on (Attached). In general the question requests authorization to allow the City to undertake the street reconstruction project and to pay 52.7% of the cost from special assessments and 47.3% from a property tax levy. The proposed resolution and ballot question has been reviewed by the City's Bond Counsel, Kennedy & Graven. SJB- 267969v1 LN 140-94 • RECOMMENDATION: Staff is recommending adoption of Resolution No. 05 -139. ATTACHMENTS 1. Resolution 05 -139 SIB- 267969v1 LN140 -94 2 -119B-