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HomeMy WebLinkAbout1993-019 Council OrdinancesCouncil Member Elliott introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 93 - 19 AN ORDINANCE AMENDING CHAPTER 8 OF THE LINO LAKES CITY CHARTER AMENDING SECTION 8.02 AND ADDING SECTIONS 8.07, LOCAL IMPROVEMENTS: SPECIAL PROVISIONS The City Council of the City of Lino Lakes does ordain: Section 1. Chapter VIII, Section 8.02 Effective Charter Provisions is hereby amended to read as follows: Section 8.02 Effective Charter Provisions, Except as Provided in Section 8.07. Local improvements (the term"local improvements" shall mean a public improvement financed partly or wholly from special assessments) shall be carried out exclusively under the provision of this Charter. Section 2. Chapter VIII is amended by adding a section to read as follows: Section 8.07 Local Improvement; Special Provisions. Subdivision 1. Except as provided in subdivision 3, in the geographic areas of the City described in subdivision 2 the construction of local improvements, the levy of special assessment for the financing of those improvements must be conducted in accordance with procedures specified in state law. Subd. 2. Subdivision 1 applies to land within three (3) geographic areas, each not exceeding 430 acres, legally described by official action of the City Council of the City taken prior to September 30, 1993 (See Exhibit A attached to this ordinance). Subd. 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 ORDINANCE NO. 93 - 19 Page -2- 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 improvements constructed unless the owner, at his/her option, in the future elects to connect to or 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 assessments as granted in this paragraph. This exception terminates on the first day that an owner occupied residential unit no longer exists on the parcel of real property. Subd. 4. Proceedings for the construction of a local improvement in an area specified in subdivision 2 may not be combined or consolidated as a single improvement with local improvements in areas not specified in subdivision 2. Section 3. Save as above amended, said Lino Lakes Home Rule Charter shall stand as initially passed and as previously amended. Section 4. This ordinance shall be in full force effective January 22, 1994. If, by January 22, 1994, a petition requesting a referendum on this ordinance, signed by the number of registered voters of the City required by Minnesota Statutes, Section 410.12, Subdivision 7, is filed with the City Clerk -Treasurer, this ordinance will not be effective until approved by 51% of the voters voting on the question or its adoption at a special election called by the City Council for that purpose. Section 5. On the effective date of the ordinance, the City Clerk -Treasurer is authorized and directed to file copies of the ordinance with the Secretary of State of the State of Minnesota, the Anoka County Recorder, and in the City Clerk -Treasurer's office together with the certificate required by Section 410.11 of the Act. Adopted by the City Council of the City of Lino Lakes this 22nd day of November , 1993. Vernon F. Reinert, Mayor ORDINANCE NO. 93 - 19 Page -3- ATTEST: 47tlr,, ), h�YZe`4�i�1. v- Marilyn(JG. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Neal, Reinert. The following voted against same: None, Council Member Kuether was absent. Whereupon, said ordinance was declared duly passed and adopted. Legal Descriptions for Economic Development Districts Trunk Highway 49 and County State Aid Highway 23 Intersection - -All of Government Lot 1, Section 30, T31 R22 30-31-22-21-0001 --That part of Lots 14, 15, 16 and 17, Auditor's Subdivision No. 151 lying south and east of State Trunk Highway 49 right-of-way. I -35E and Main Street Interchange Area - -Northeast 1/4 of Section 24. --That part of the southeast 1/4 of Section 24 lying north of Cedar Street. - -East 1/2 of the southwest 1/4 of Section 24. --East 1/2 of the northwest 1/4 of Section 24. I -35W and Trunk Highway 49 Interchange Area --North 1/2 of the southwest 1/4 of Section 18. - -That part of the south 1/2 of the southwest 1/4 of Section 18 lying north of the Interstate 35W right-of-way. --That part of the southwest 1/4 of Section 17 lying west of the Trunk Highway 49 right-of-way. --All of the northwest 1/4 of Section 17 with the exception of that part of the southeast 1/4 of said northwest 1/4 of Section 17 as follows: beginning at a point at the intersection of the south line of said southeast 1/4 of the northwest 1 /4 with the east right-of-way line of Trunk Highway No. 49; thence northeasterly along said right-of-way line 938.14 feet (+ or -); thence southeasterly 672.39 (+ or -) feet to east line of said southeast 1/4 of the northwest 1/4; thence south along said east line 588.5 (+ or -) feet to the south line of said southeast 1/4 of the northwest 1/4; thence westerly along said south line 1021.59 feet (+ or -) to the point of beginning. - -The north 720 feet of that part of the southwest 1/4 of the northeast 1/4 of Section 17 lying west of the Anoka County Park property. --That part of the north 1/2 of the northeast 1/4 of Section 17 lying west of the Anoka county Park property. --That part of the north 1/2 of the northeast 1/4 of Section 17 lying west of the Anoka County Park property. - -The south 1/2 of southeast 1/4 of the southeast 1/4 of Section 8. --The southeast 1/4 of the southeast 1 /4 of the southwest 1/4 of Section 8. --The east 330 feet (+ or -) of the northeast 1/4 of the southeast 1/4 of the southwest 1/4 of Section 8. 3 REVISCO I OC CS'0 CARS riff K. 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