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HomeMy WebLinkAbout2012-076 Council Resolution• • • CITY OF LINO LAKES RESOLUTION NO. 12-76 RESOLUTION CALLING A SPECIAL ELECTION ON PROPOSED CHARTER AMENDMENT BE IT RESOLVED by the City Council of the City of Lino Lakes, Anoka County, Minnesota ( "City ") as follows: 1. On March 12, 2012, the City Council approved a first reading of Ordinance No. 05- 12 (the "Ordinance) amending certain procedures for financing of public improvements with special assessments in Chapter 8 of the City Charter, and on March 13, 2012 submitted such proposed amendment to the Lino Lakes Charter Commission ( "Charter Commission ") for review and comment, all in accordance with Minnesota Statutes, Section 410.12, subdivision 5. 2. On April 12, 2012, the Charter Commission approved a resolution requesting an additional 90 days for review of the proposed amendment, permitting a total of 150 days for review in accordance with Minnesota Statutes, Section 410.12, subdivision 5. 3. The Charter Commission's review period expired on August 10, 2012, and on July 31, 2012 the City Clerk received a letter from the Charter Commission rejecting the proposed amendment and proposing no revisions to the council's proposed amendment. On this August 13, 2012, the City Council approved a second reading of the Ordinance, which is effective upon approval by the voters in accordance with Minnesota Statutes, Section 410.12, subdivision 4. 4. In accordance with Minnesota Statutes, Section 410.12, subdivision 4, the City Council has determined to submit the Ordinance to the voters of the City at the special election to be held (as part of the general election) on Tuesday, November 6, 2012. The election will be held and conducted in accordance with the laws of the State of Minnesota relating to municipal elections and the City's home rule charter. 5. Under Minnesota Statues, Section 410.12, subdivision 4, the City Council is required to fix the form of the ballot and submit charter amendments to the voters as in the case of the original charter. 6. The City Clerk is directed to cause a notice of election or sample ballot, or both, in substantially the form attached hereto as Exhibit A to be posted and published as required by law and as follows: (a) The notice of election, including the complete text of the proposed charter amendment, will be published in the official newspaper of the City once a week for two successive weeks prior to the election; (b) The notice of election and a sample ballot will be posted in the office of the City Clerk at least four days prior to the election and a sample ballot will be posted at each polling place on election day; and (c) The sample ballot will be published in the official newspaper at least one week prior to the election. • (d) The City Clerk will provide written notice of the election to the Anoka County Auditor and the Secretary of State at least 76 days before the election, including the date of the election and title and language for the ballot question. 7. The polling places, hours of election and the respective judges for the election will be those established by the City for general elections. The polls will be open from 7:00 a.m. until 8:00 p.m. 8. (a) The City Clerk is authorized and directed to prepare the ballot in substantially the following form, subject to the terms of Section 7(b) hereof: CITY QUESTION BALLOT SPECIAL ELECTION CITY OF LINO LAKES November 6, 2012 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: PROPOSED CHARTER AMENDMENT • Shall Chapter 8 of the City of Lino Lakes charter be amended as described below? Chapter 8 is amended to provide that the City may undertake public improvements financed in whole or in part with special assessments generally using the procedures in state law, except that: (a) if more than 50% of the property owners abutting the named streets file a timely objection, the City must hold a second meeting to take additional testimony; (b) if the Council orders the improvement after the second meeting, more than 50% of the affected owners may stop the improvement by filing objections within 30 days after the City Council action; and (c) if the cost of any improvement is to be paid in part from ad valorem taxes, the improvement is subject to city -wide referendum if a timely petition is filed by registered voters equal to at least 12 percent of the votes cast in the last general municipal election. The amendment also eliminates three special zones where State law special assessment rules apply; instead Chapter 8 as amended applies throughout the City. • OYES CD NO (b) The City Clerk is authorized and directed to prepare ballots pursuant to the requirements of Minnesota Statutes, Section 206.61. The City Clerk will provide each polling place with at least two sample ballots which are facsimiles of the card to be voted on in that precinct, in accordance with Minnesota Statutes, Section 206.62. • • 9. The City Council shall meet in the City Hall on November 13, 2012, at 6:30 p.m., C.T. to canvass the results of the election and to declare the results thereof. Approved by the City Council of the City of Lino Lakes this 13th day of Au • st, 2012. ATTEST: Julixfn Bartell, City Cle Jeff Rei e , , ayor The motion for adoption of the foregoing resolution was introduced by Council Member Roeser. The motion for the adoption of the foregoing resolution was duly seconded by member Rafferty and upon vote being taken thereon, the following voted in favor thereof: Roeser, Rafferty, O'Donnell, Reinert And the following voted against the same: none (Absent - Stoesz) Whereupon said resolution was declared passed and adopted. • CITY COUNCIL AGENDA ITEM 3A(ii) STAFF ORIGINATOR: Michael Grochala MEETING DATE: August 13, 2012 TOPIC: Consider Resolution No. 12 -76 Calling a Special Election on Proposed Charter Amendment VOTE REQUIRED: 3/5 INTRODUCTION The City Council has proposed an amendment to Chapter 8 of the City Charter as it relates to Public Improvements and Special Assessments. As part of the procedural requirements set forth in Minnesota Statutes, Section 410.12, subdivision 4 the council must submit the ordinance to the voters of the City. Staff is requesting council consideration to call for the special election and approve the ballot language. • BACKGROUND The City Council approved the 1st reading of the ordinance on March 12, 2012. A copy of the ordinance was submitted to the City Charter Commission, for review, on March 13, 2012. On April 12, 2012 the charter commission approved a resolution requesting an additional 90 days for review of the proposed amendment. The Charter Commission voted on July 12, 2012 to reject the amendment and no further comments or revisions were received. RECOMMENDATION Staff is recommending that the City Council approve Resolution No. 12 -76. ATTACHMENTS 1. Resolution No. 12 -76 • • • • EXHIBIT A NOTICE OF SPECIAL ELECTION CITY OF LINO LAKES ANOKA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that a special election will be held in and for the City of Lino Lakes, Anoka County, Minnesota, on Tuesday, the 6' day of November, 2012, at which the following proposition will be submitted to the voters of the City for their approval or rejection: PROPOSED CHARTER AMENDMENT Shall Chapter 8 of the City of Lino Lakes charter be amended as described below? Chapter 8 is amended to provide that the City may undertake public improvements financed in whole or in part with special assessments generally using the procedures in state law, except that: (a) if more than 50% of the property owners abutting the named streets file a timely objection, the City must hold a second meeting to take additional testimony; (b) if the Council orders the improvement after the second meeting, more than 50% of the affected owners may stop the improvement by filing objections within 30 days after the City Council action; and (c) if the cost of any improvement is to be paid in part from ad valorem taxes, the improvement is subject to city -wide referendum if a timely petition is filed by registered voters equal to at least 12 percent of the votes cast in the last general municipal election. The amendment also eliminates three special zones where State law special assessment rules apply; instead Chapter 8 as amended applies throughout the City. (DYES C) NO See below for full text of proposed charter amendment. The polling places for said election are as follows: [insert all addresses] 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 at the polling place for the precinct in which the voter resides, and any resident of the City not previously registered as a voter may register on election day. Dated: , 2012. BY ORDER OF THE CITY COUNCIL City Clerk • • FULL TEXT OF PROPOSED CTIY CHARTER AMENDMENT (Language with strike out is deleted; language underlined is added) 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: 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, 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 (120) days after this Charter goes into effcct and before local improvements can be acted upon, the Council shall enact suitable ordinance(s) governing local improvements and special assessments. 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 compliance therewith shall conform to the regulations as set forth in such ordinance(s) and otherwise contained in this Charter. Section 8.04. Special Assessment Procedure. property shall be instituted by either, (1) a petition of at least twenty five percent (25 %) in number 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 the improvement both in unit price and in total thereof. Upon receipt of such estimate, the Council 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 • such hearing the City Council shall prcscnt a special asscssmcnt formula and an analysis of the shall elapse after thc public hearing before any further action shall be taken by the reuhei , o the has been petitioned for, signed by a number of the the improvement. Any person whose name appears on a petition to the Council for a local such petition is presented to the Council. special assessments, connection charges, or any outside funding sources other than the City general fund, the Council shall within one hundred twenty (120) days after the conclusion of the public hearing, submit the proposed local improvement and its assessment formula to thc voters of thc City. If no election is scheduled during such one hundred twenty (120) day period, the Council can be submitted 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 Council shall base their decision, the Council may by resolution, at any time between sixty (60) for one (1) time only. 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 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 • • this chapter. owners may after the mailing of notice of a public hearing, petition to waive fifty (50) of the sixty ! pfeieet,(-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) each parcel is considered to have one owner, and only one person or entity may sign an objection or petition on behalf of any additional owners of that 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 abutting on the streets named 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 abutting on the streets named 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 otherwise provided 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. Notwithstanding anything to the contrary in Minnesota Statutes, Section 429.031, subdivision 1, clause (0, 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 abutting on the streets named 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 30 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 12 percent of the votes cast in the last general municipal election is filed with the City Clerk by the end of that 30 -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 8.07, of the Lino Lakes City Charter is hereby repealed: Section 8.07. Local Improvement; Special Provisions. • Subdivision 1. Except as provided in Subdivision 3, i In the geographic areas of the City in state law. Subdivision 2. Subdivision 1 applies to land within three (3) geographic areas, each not exceeding 43 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 AREA NO. 2 Interstate I35E and County Road 242 (Main Street) Interchange Northeast one quarter (1/1) of Section 21 That part of the southeast one quarter (1/1) of Section 21 lying north of Cedar Street East one half (1/2) of the southwest one quarter (1/1) of Section 21 East one half (1/2) of the northwest one quarter (1/4) of Section 21 AREA NO. 3 Interstate 135W and Trunk Highway 1149 -(Lake Drive) • Interchange North one half (1/2) of the southwest one quarter (1/4) of- Section 1-8 north of the Interstate 135W 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: 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 southcst one qu westerly along said south line 1021.59 feet (+ or ) to the point of beginning. The north 720 feet of that part of thc southwest one quarter (1/4) of the northcst 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 Section -8 quarter (1/4) of Section 8 The east 330 feet (+ or ) of the northeast one quarter (1/4) of the southeast one quarter (1/1) 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 September 30, 1993, the owner /occupant of such residential unit ma Clerk objecting to the special assessment to bc levied against his/hcr parcel. Such petition shall bc 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 thc future elects to connect to or use the 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 STATE QF MINNESOTA ) • COUNTY OF ANOKA )SS. ) CITY OF LINO LAKES ) I, the undersigned, being the duly qualified and acting Clerk of the City of Lino Lakes, Anoka County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of said City held on August 13, 2012, with the original thereof on file in my office and the same is a full, true and correct copy thereof, insofar as the same relates to the calling of a special election for a proposed amendment to the charter of the City. WITNESS My hand as such City Clerk and the corporate seal of the City this day of , 2012. City Clerk City of Lino Lakes, Minnesota (SEAL) •