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HomeMy WebLinkAbout2012-005 Council Ordinances1st Reading: March 12, 2012 Publication: August 21 201 2 2nd Reading: August 13 , 2012 , Effective: (to Nov. 6 . 2012 ballot ) CITY OF LINO LAKES ORDINANCE NO. 05-12 AN ORDINANCE AMENDING CHAPTER 8 OF THE LINO LAKES CITY CHARTER, REGARDING PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS The City Council of the City of Lino Lakes does ordain: 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 That Chapter 8, Section 8.01, 8.02, 8.03, 8.04, 8.05 and 8.06 of the Lino Lakes City Charter be and are hereby repealed: Section 8.01.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 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 improvement financed partly or wholly from special assessments) shall be carried out Section 8.03. Local Improvement Ordinances and Regulations. Within ene hundred al impfevements and special assessments. The ordinance(s) shall provide a complete working code covering the determination of assessments and assessment districts, public hearings, appeals from a collection of assessments, penalties for delinquency in making payments, financing of said assessments, ordinance(s) shall also provide for installment payments and notices to be given thereof, appellate procedure, reassessment, if necessary, and all other matters appropriate to the subject of improvements, all procedures in compliance therewith shall conform to the regulations as set forth in such ordinance(s) and as otherwise contained in this Charter. Section 8.01. Special Assessment Procedure. Subdivision 1. All improvements to be paid for by special assessments against the benefitted property shall be instituted by either, (1) a petition of at least twenty five percent (25%) in number of the benefitted property owners (A benefitted property owner can only sign once regardless of the number of benefitted parcels owned and a benefitted parcel can only have the Council, or, (2) a resolution adopted by a four fifths affirmative vote of all of the Council. The Council resolution shall state the nature and scope of proposed improvement including the such estimate, the Council shall by resolution ;,et a date for a public hearing on the propesed improvement setting forth therein the time, place and purpose of such hearing. Such resolution Shall be published twice, at least one week apart, in the official newspaper of the City no less resolution including estimate unit prices and estimated total price thereof shall be mailed to each benefitted property owner 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 petitioners for or against 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. A period of sixty (60) days shall elapse after the public hearing such sixty (60) day period, in a petitioning process independent of the initiating process, a e who petitioned for the improvement, the Council shall not make such improvement at the expense of the property benefitted, unless, in the meantime there be filed with the Council a petition asking that the improvement be made, signed by property petition against the improvement. Any person whose name appears on a petition to the Council Subdivision 2. Regardless of the provisions of Subdivision 1 of this section, when less the City general fund, the Council shall within one hundred twenty (120) days after the formula to the voters of the City. If no election is scheduled during such one hundred twenty (120) day period, the Council shall schedule a special election by which said improvement and its associated assessment formula 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 improvement as proposed. Subdivision 3. When a proposed improvement is allowed under the foregoing which the Council shall base their decision, the Council may by resolution, at any time between improvement. If after bids arc received on thc project the proposed contract exceeds the estimated cost of the engineer stated at thc public h aring held under Subdivision 1 by more than ten (10%) percent, the City Council may not award the contract for the proposed improvement, but may rebid the project 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 after the public hearing on said improvement. 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 against property benefitted and may be collected in the same manner as special assessments. Such costs shall not be deemed to be "special assessments" for the purposes set forth in Section 8.03 of this chapter. Section 8.06. When under the provisions of section 8.0'1, Subdivision 1, an improvement sixty (60) days waiting period. After such petition, the City Council may immediately order the proposed project. (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 fmanc'ed 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 fmancing 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 (f), 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. 1 a shall apply. Subdivision 5. When a proposed improvement is disallowed under the foregoing after the public hearing on said improvement, unless it is determined by the Council that a sooner vote is necessary to preserve public peace, health, morals, safety or welfare. 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 assessment for the financing of those improvements must be conducted in accordance with procedures specified in state law. Subdivision 2. Subdivision 1 applies to land within three (3) geographic areas, each not exceeding 430 acres, legally described as follows: AREA NO. 1 Trunk Highway f19 (Hodgson Road) and County State Aid Highway 1123 Intersection (Lake Drive) All Government Lot 1, Section 30, T31, R22, PIN. 30 31 22 210001 That part of Lots 11, 15, 16 and 17, Auditor's Subdivision No. 151 lying south and east of State Trunk Highway 1149 (Hodgson Road) right of way AREA NO. 2 Interstate I35E and County Road 212 (Main Street) Interchange Northeast one quarter (1/1) of Section 24 - - Et. ter{1/4) of Section 24 lying north of Cedar Street East one half (1/2) of the northwest one quarter (1/4) of Section 24 AREA NO. 3 Interstate I35W and Trunk Highway 1149 (Lake Drive) Interchange That part of the south one half (1/2) of the southwest one quarter (1/1) of Section 18 lying north of the Interstate 135 W right of way That part of the southwest one quarter (1/1) of Section 17 lying west of Trunk Highway #19 (Lake Drive) right of way southeast one quarter (1/4) of said northwest one quarter (1/1) of Section 17 as quarter (1/1) of the northwest one quarter (1/1) with the east right of way line of or ) ; thence southeasterly 672. 39 (+ or ) fee beginning. The north 720 feet of that part of the southwest one quarter (1/1) of the northeast one quarter (1/1) 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 (1/1) 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 west of the Anoka County Park property The south one half (1/2) of southeast one quarter (1/4) of the southeast one quarter (1/4) of Section & The southcast one quarter (1/4) of the southeast one quarter (1/4) of the southwest one quarter (1/4) of Section & (1/4) of the southwest one quarter (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 described in subdivision 2, on which a single family, owner occupied residential unit existed on September 30, 1993, the owner/occupant of such residential unit may file a petition with the City Clerk objecting to the special assessment to be levied against his/her parcel. Such petition shall be 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 use the improvements constructed by the City. Any notice of hearing mailed to such single family, owner occupied units shall include notice of the property owner's right to object to the owner occupied residential unit no longer exists on the parcel of real property. Jeff Reine , Mayor Attest:)Julianne Bartell,,City Cler Adopted by the Lino Lakes City Council this 13th day of August, 2012. The motion for the adoption of the foregoing ordinance was introduced by Council Member O'Donnell and was duly seconded by Council Member Roeser and upon votebeingtaken thereon, the following voted in favor thereof: O'Donnell, Roeser, Rafferty, Reinert The following voted against same: None (Absent- Stoesz) CITY COUNCIL AGENDA ITEM 3A(i) STAFF ORIGINATOR: Michael Grochala MEETING DATE: August 13, 2012 TOPIC: Consider 2nd Reading of Ordinance No. 05-12 Amending Chapter 8 of the Lino Lakes City Charter, Regarding Public Improvements and Special Assessments VOTE REQUIRED: 3/5 INTRODUCTION The City Council is considering the amendment of Chapter 8 of the City Charter as it relates to Public Improvements and Special Assessments. State law specifies the procedure for amendment of the charter by council recommendation. Council consideration and approval of the 2nd reading of Ordinance No. 05-12 is necessary for consideration of the proposed amendment by the voters in the November election. BACKGROUND The City Council has been discussing a proposed amendment to the City Charter regarding the public improvement process for several years. The current amendment is based on the proposal, prepared in 2007, by the Citizen's Task Force to Review Charter Provisions Pertaining to Public Improvements (the "Task Force Amendment"). The Task Force Amendment was modified by the council in 2008 to delete Section 8.07 relating to charter "exempt" areas. Following the February 27, 2012 council discussion, staff worked with the City's legal consultant to draft a revision that includes a reverse referendum component. A similar option was previously included in the Charter Commission's 2008 amendment proposal. Rather than require an election outright, as is the case under the current charter requirements, the language allows for residents to petition for an election on the improvement. The petition would require the signatures of 12% of the voters from the last general municipal election. The reverse referendum provisions are contained in Section 8.02, Subdivisions 5 and 6 of the draft ordinance. The following is a brief summary of the major elements of the ordinance: 1. Section 8.01, Subd. 1 defines local improvements as any public improvement financed in whole or in part from special assessments. Projects that are not financed using special assessments are not subject to charter provisions and follow state law. 2. Section 8.01, Subd. 3 states that the amount of special assessments shall not exceed the cost of the local improvement and shall not exceed the benefit to the property. 3. Section 8.02, Subd. 1 specifies that local improvements will follow state requirements except as specified in this charter section. Procedural steps following state law include but are not limited to the following: • Initiation of the improvement by either petition or city council • Preparation of a report on improvements (feasibility study) • Calling for a public hearing • Published and mailed notice of the public hearing • Public hearing on improvements. 4. Section 8.02, Subd. 2 allows for a written objection to the improvements from 50% of the abutting property owners to be filed with the city prior to or at the improvement hearing. If no objection is received, the council may order the project as specified under state requirements. If an objection is received the council shall call a special meeting (2nd public hearing) to be held at least 45 days after the improvement hearing. 5. Section 8.02, Subd. 3 allows the city council to order the improvement following the special meeting (2nd public hearing), but requires the effective date of the resolution to be at least 30 days after adoption. In such case, the City is required to mail a summary of the resolution to affected owners within 5 days of adoption. Prior to the effective date of the resolution, if 50% of the affected property owners sign written objections to the resolution then the resolution does not become effective and the improvement is not ordered. 6. Section 8.02, Subd. 5 provides that if any portion of the project is to be paid from property taxes, registered voters may file a petition requesting a vote on the improvement. Such petition must be received within 30 days of the effective date of the resolution ordering the improvement and be signed by registered voters equal to at least 12 percent of the votes cast in the last general municipal election. Based on 2011 election this number would be 517 signatures. In such case, the city may only proceed after obtaining approval of a majority of the voters voting on the question. 7. Section 8.02, Subd. 6 states that in the event the ballot question fails, the requirements of Minnesota Statutes, section 475.58 will apply. These requirements stipulate that the same ballot measure cannot be resubmitted to the voters within a period of 180 days. If it fails a second time, it may not be resubmitted within a period of one year. 8. The ordinance also repeals Section 8.07 of the Charter regarding the exempt zones. 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. The Charter Commission approved a resolution requesting an additional 90 days for review on April 12, 2012. The 150 day review period expires on August 10, 2012. On July 12, 2012 the Charter Commission voted to reject the proposed amendment and no additional comments were received. RECOMMENDATION Staff is recommending that the City Council approve the second reading of Ordinance No. 05-12. ATTACHMENTS 1. Ordinance No. 05-12