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HomeMy WebLinkAbout2007-139 Council ResolutionCouncil Member Reinert introduced the following resolution and moved its adoption: STATE OF MINNESOTA CITY OF LINO LAKES RESOLUTION NO. 07-139 CALLING FOR AN ELECTION RELATING TO LOCAL IMPROVEMENTS (2009 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 11, 2007 (the "2009 Street Reconstruction Project "). B. The 2009 Street Reconstruction Project consists of street 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 51.5% 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 9, 2007 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 2009 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 6, 2007 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: QUESTION 1: • • • 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 11, 2007 referred to as the 2009 Street Reconstruction Project. The total cost of the 2009 Street Reconstruction Project is estimated to be $5,583,000.00 Approximately 51.5% 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 48.5% 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 2009 STREET RECONSTRUCTION PROJECT, AND TO PAY APPROXIMATELY 51.5% OF THE COST FROM SPECIAL ASSESSMENTS LEVIED ACCORDING TO CITY POLICIES AND 48.5% 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 10th day of September, 2007. CITY OF LINO LAKES, MINNESOTA ATTEST: The motion for the adoption of the foregoing resolution was duly seconded by. Council Member Carlson and upon a vote being taken the following voted in favor thereof: Reinert, Carlson, Stoltz, O'Donnell The following voted against same: none (Mayor Bergeson abstained from voting) • • • 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 6, 2007, 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 11, 2007, referred to as the 2009 Street Reconstruction Project. The total cost of the 2007 Street Reconstruction Project is estimated to be $5,583,000.00. Approximately 51.5% 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 48.5% 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 2009 STREET RECONSTRUCTION PROJECT, AND TO PAY APPROXIMATELY 51.5% OF THE COST FROM SPECIAL ASSESSMENTS LEVIED ACCORDING TO CITY POLICIES AND 48.5% 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 2009 Street Reconstruction Project is estimated to be approximately $288,499. The maximum amount of increased levy is estimated to be approximately .015% of the taxable market value of property in the city. YES NO • 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 LINO LAKES CITY HALL, 600 TOWN CENTER PARKWAY Just South of the Intersection of 35W and County Road 23 PRECINCT #5 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 PRECINCT #7 RICE LAKE ELEMENTARY SCHOOL, 575 BIRCH STREET 1/2 Mile East of Intersection Hodgson Road & Birch Street or 2'h Miles West of Intersection Centerville Road & Birch Street 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: , 2007. BY ORDER OF THE CITY COUNCIL City Administrator • • • AGENDA ITEM 6Ai STAFF ORIGINATOR: Michael Grochala COUNCIL MEETING DATE: September 10, 2007 TOPIC: Resolution No. 07 -139 Calling for an Election Related to Public Improvements 2009 Street Reconstruction Project VOTE REQUIRED: Simple Majority BACKGROUND: On May 14, 2007 in accordance with the City's Pavement Management Program the City Council ordered and updated the feasibility studies for the Shenandoah Area and West Shadow Lake Drive. Feasibility studies were received June 11, 2007 for both projects. Neighborhood meetings were held separately for the Shenandoah Area and West Shadow Lake Drive on June 28, 2007. On July 9, 2007 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 6, 2007. 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 6Aii). No petitions satisfying the Charter requirements were received for the West Shadow Lake Drive Area. 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. To maintain communication regarding the 2009 Street Reconstruction Project ballot question with the affected residents and residents throughout the City the following communication plan will be implemented. — City staff will send out an informational brochure in mid October of 2007 (see attached example of the last Street Reconstruction brochure) — Two informational press releases published in the Quad, The Citizen and the Pioneer Press in the fall of 2007. • • — Program on Channel 16 describing project and need for improvements. Staff will work with the cable channel to ensure the program is run multiple times leading up to the election. — Hold two informational meetings for the 2009 Street Reconstruction Project in late October 2007, meetings with City staff, City engineer, and financial consultants. Informational Meeting will be advertised in informational brochure and Quad Press. — Project information posted on City web -site. Attached is Resolution No 07 -139 calling for the election and approving the question to be voted on. In general the question requests authorization to allow the City to undertake the street reconstruction project and to pay 51.5% of the cost from special assessments and 48.5% from a property tax levy. Springsted Financial is calculating two numbers on the first page of attached Exhibit A shown as $xxx,xxx and .xxx %. Theses numbers represent 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 2009 Street Reconstruction Project, and a percentage showing the maximum amount of increased levy of the taxable market value of property in the city. These numbers will be presented at the September 10, 2007 City Council Meeting. The proposed resolution and ballot question has been reviewed by the City's Bond Counsel, Kennedy & Graven. RECOMMENDATION: Staff is recommending adoption of Resolution No. 07 -139.