HomeMy WebLinkAboutCharter Annual Report Jan 8 2014Mounds View Charter Commission Annual Report
January 8, 2014
Honorable Teresa R Warner, Chief Judge
Ramsey County District Court
1070 Courthouse
15 W. Kellogg Blvd
Saint Paul, MN 55102
Honorable Judge Warner:
SUMMARY OF COMMISSION ACTIVITY: December, 2012 -December 2013
December 12, 2012
Discussion continued on Chapter 8.01, 8.02, 8.03, and 8.04.
January 9, 2013
Discussion continued on Chapter 8.01, 8.02, 8.03, 8.04 and 8.05
Discuss and approve Resolution 2013-02 re: Section 4.02 Filing for Office.
Review Charter Commission Bylaws accept changes and send to members.
February 13, 2013
No February meeting due to lack of quorum.
March 13, 2013
Discussion continued on Chapter 8. City Administrator, Jim Erickson, joined us to discuss his
memo regarding improving the consistency and clarity.
April 10, 2013
General discussion continued on Chapter 8 and what we can do about the term "Dedicated
Revenue" to make it less ambiguous and still provide the necessary protections to the city and
the citizens.
May 8, 2013
Discussion continued on Chapter 8. The City Council has approved changes to section 4.02
of the Charter and the new version of the Mounds View Charter dated May 12, 2013 is
available online.
June 12, 2013
Discussion continued on Chapter 8.
July 11, 2012
Discussion continued on Chapter 8 with some emphasis on of the term "Local Character"
August 8, 2013
No August meeting due to lack of quorum.
September 12, 2013
Discussion continued on Chapter 8.
Page 1 of 2
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®ctober 10, 2013
Discussion continued on Chapter 8.
November 09, 2013
No November meeting due to lack of quorum.
December 11, 2013
Discussion continued on Chapter 8
Respectfully submitted,
Brian Amundsen, Chair
Jonathan J Thomas, Secretary
Page 2 of 2
(Draft Version dated December 12, 2013)
3 PUBLIC IMPROVEMENTS AND ASSESWENTS SPECIAL
le
5 The City may make any type of pl!ublic ilmprovement not forbidden by MN Statutes or this Charterlavvz
sl.3eeial assessments to pay all ef any :.
• - -thef&Af•\���/.\tFenses t 'neetedith,withNo
assessment shall exeeed t
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II�1TITL""TC4'CII'e�'
All Public Improvements whi
complete, the improvement shall
Charter, as a whole.
ents or fees for
ively be processes under the control of this Cl
8.02 Definitions —Application. For the purpose of this chapter, the terms defined in this section, shall
have the meanings ascribed to them.
Assessment District: The collection of all benefited properties, which shall be specifically
identified in the Notice of Hearing for a proposed Local Improvement Plan and published in the
official newspaper. Upon Council approval of the Local Improvement Resolution, the collection of
all benefited properties specifically identified by County Property Record number in the Resolution
and notice sent to the property owner of record prior to the Council action to approve the
Resolution.
Assessment Procedure: as described in MN Statute 429.061, as amended, shall apply to Local
Improvement.
Benefited Property: The property or properties which will be improved or maintained as a result of
the improvement being completed. (The benefit to the property shall be identified as a dollar value
by the City to the property owner when proposing the improvement. The identified benefit shall not
require any type of certification or verification by a third party. The identified benefit may be
nullified as a result of a properly filed petition using the Petition Process by the properties for the
proposed Assessment District, or individually niodifi.ed by the Council as a result of an oral request
of the property owner directly to the City Council at a City Council meeting. Nothing in this
definition will preclude a property owner from their rights under MN Statute 429.081 to appeal an
assessment to the District Court. this section to be moved to process area of chapter.)
City Services: Include those services cited under MN Statutes Chapter 471 (Municipal Powers), as
amended, in exchange for the taxes and fees citizens or residents pay. Basic city services may
include, but are not limited to, sanitation (both sewer and refuse), water, streets, inspections, public
safety (fire department, police, ambulance) snowplowing, and other health department issues. City
Services may be delivered directly by a City department, employee, City approved volunteer,
authorized and appointed commission, elected official, or be sub -contracted to a third party.
Dedicated Revenue: Funds, fees, or taxes assessed for a specific Public Improvement or purpose
from businesses, citizens and residents of the City. This includes Special Assessments.
Local Improvement: A Public Improvement done by special assessment under the authority of MN
Statute 429.021, as amended, or by other Dedicated Revenue.
51Neighborhood Character: (Provide a high priority to maintain to be moved to process
52 section) The predominate appearance and use of an area. The Neighborhood Character 0s a about
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Character- is usually the first thing that visitors notice in a community and one of the first things
that residents of that community will embrace.
Public Improvement: Work, which the City intends to capitalize and is greater than $100K
when completed that increases value, brings into a more valuable or desirable condition, or
betterment of property, or right -of --way owned by the City, County or State.
Public Improvement Project: A City Service project comprised of one or more public
improvement(s) defined or completed by segments or steps that span multiple years, approved
through a single resolution.
F]
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74 sehe dfor that eakwdar year, to be moved to piweess see6of •
75
76 Requirements: A Public Improvement Project will be approved by resolution on a per build -out,
77 per segment process.
78
79 Resolution for a Local or Public Improvement: A resolution, in the proper form, which is for a
80 Public Improvement Project and which shall define or describe all improvements to be done for the
81 total project to be completed, its steps or segments, the set of engineering_ standards to be applied,
82 the benefit to properties involved the local character to be maintained or modified, the assessment
83 process(es) and(or) the financing method(s) which will be used to pay for the project. A Resolution
84 for Public Improvement Project, whether financed with assessments or not, shall have both a public
85 hearing and a public comment period of not less than sixty calendar days. A Public Improvement
86 Project Resolution for multiple years of construction, not in the same geographic location, shall not
87 prevent review and petition, of each annual segment, from the citizen's right to petition the
88 engineering standards or the financing method being applied to the work scheduled for that
89 calendar year.
90
91 Service, (conflicts as used in current section 8.05):
92
93 Special Assessment: Any assessment levied made to an individual property or collection of
94 properties which abut or is identified as being improved by, or maintained by, a result of the local
95 or public improvement being completed. The Assessment will follow the process as stated in MN
96 Statute 429.061, as amended, and be controlled by MN Statute 429.051, as amended.
97
98 Section 8.03. Local Improvement Ordinances and Regulations. Within 90 days after this Charter goes
99 into effect, the Council shall enact suitable ordinance(s) governing L-local Iimprovements and Sspecial
00 Aassessments. The ordinance(s) shall provide a complete working code covering the determination of
101 assessments and assessment Districts, public hearings, appeals from a collection of assessments, penalties
102 for delinquency in making payments, financing of said assessments, and the certifying of unpaid
103 assessments for collection by the proper county officer. Said ordinance(s) shall also provide for
104 installment payments and notices to be given thereof, appellate procedure, reassessment, if necessary, and
'�-
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05 all other matters appropriate to the subject of L4,ocal Ifmprovements and assessments. After the adoption
06 of such ordinance(s) providing for Llocal Ifmprovements, all procedures in compliance therewith shall
107 conform to the regulations as set forth in such ordinance(s) and as otherwise contained in this Charter.
108
09 Section 8.04. Procedure for Local Improvements funded by Special Assessments.
10 The Council may levy Special Assessments to pay all or any part of the cost of such improvements,
11 as allowed under MN Statute 429.111, as amended. The total assessments for any Pit
12 lmpfevemet4Public Improvement may not exceed the cost of the improvement, including all costs and
13 expenses, with interest. No individual property assessment shall exceed the benefits to the property.
14 This section prescribes the procedures that shall be followed and applied when Special
15 Assessments will be used for any or all of the financing of any and all Local Improvement in the City of
16 Mounds View.
117
18 Subdivision 1. Local Improvements with Special Assessment Financing
19 A. Initiation: All improvements to be paid for by special assessments against the benefited pfepet4y(s)
20 shall be insfitutedinitiated by one of the following: er�m! a petition (see "8.04 SublJ3, B"
21 below) ef at least twent five perreent in numbef ef the benefited prwepeA r ownefs together with a
22 resolution adopted by an affirmative vote of the4ree of the five members of the
23 Council, ori,
24 bl.a resolution adopted by iaan fetif fifihn affirmative vote of all of four of the five members of the
25 Council.
26 B. Qualified Petition and Petitioner.
27 1. Petitions from citizens re ,a� rding a proposed Local Improvement project must meet certain
28 criteria. Any petition failing to meet these criteria will receive no consideration by City.:
29 First, the Public Improvement petition must be for and include on the petition cover page a
30 specific proposal for: a defined geographic area, a specific real property impact, a quantifiable
31 benefit to the City and properties affected, and proposed a means of financing which would result
32 in the City capitalizin__ t�nprovement.
133 Second, the petition must be of interest to and impact more than a singe property,if pfepesed
134 byeit-izens, and cause- the -City to e-apitalize
135 Third, the petition may not request any action which would be a violation of MN Statutes or
136 local ordinances.
137 Fourth, the completed petition consists of one or more pages, gathered together and numbered
138 as a whole into a single document. Each signature page will contain the title of the proposal, the
139 _geographic scope, the general change, the proposed financing method and costs to individual
140 property owners, the ffl2ga name, the dated signature and printed name and address of
141 those signing_
142 Fifth, the completed petition will be submitted for qualification review to the City
143 Administrator, or Assistant City Administrator, no later than 180 days from the date of the first
144 signature on the signature pages.
145 Sample petition will be made up by City Staff and available for any property owner or citizen
146 interested in sponsoring a petition.
147
148 2. Petitioners are-:
149 • Any person whose name is listed as owner of the property with the Ramsey Counly Property
150 Records Office is to be recognized by the City as the property owner.
l51 • Any person who is the owner of a benefited property in a proposed Local Improvement, is a
l52 qualified person to propose, circulate, and sign _a petition.
l53 • Any person whose name appears on a petition *� `�•���' may withdraw their name by a
154 statement in writing filed with the Council before such petition is presented to the Council.
l55 3. Petitions must be submitted and conducted by a benefited property owner(s).�A qualified petition
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will have the signatures of at minimum 'twenty-five percent of the benefited property owners in
the nrono.ed Local Imnrovement area. City Staff shall provide any benefited property owner the
complete list of names of property owners for a proposed Local Improvement area
4 City Staff shall qualify petition based on items 8.04.Subd B: Ph 1, 2, and 3 previous. City
Staff shall report receipt of all petitions for Local Improvements. The report shall -ate-include the
primary petitioner, the proposed improvement and whether the petition was qualified or not for
Council consideration.
C. Council Resolution —
City Staff will present all properly qualified petitions in the form of a resolution to the Council
within 60 calendar days of receipt of the petition by the City Administrator or Assistant City
Administrator. For all Local Improvement proposals the Tlie-Council resolution shall state the
purpose and scope of the proposed improvement, the benefited properties, and the estimated
average Special Assessment amount to be assigned per benefited property.The %r^unei' shall direet.
s#a€€City Staff-t&mshall establish a list of the benefited addresses and property owners and a cost
estimate both in common unit price and in total proposed project.
D. Public Hearing and Notice
Upon receipt of a qualified Local or Public Improvement ReselpfiewResolutionsueh estimate, the
Council shall by resolution set a date for a public hearing on the proposed improvement. The
resolution will —se the time, place and purpose of the publics hearing
1. The Stieh resolution shall be published desefibed in the City Newsletter and publi--- twice
and at least one week apart ire the
^ffl^in' newspaper of the Gi+.no less than two weeks prior to
the date of stated s hearing_nd in addifien there�aA copy of the stt& resolution.
including estimated unit prices and es+�ated total price, thereef shall be mailed to each
benefited property owner, at owner's last known address_ at least two weeks prior to the date of
statedsaid hearing. Failure to give mailed notice, or any defects in the notice, shall not
invalidate the proceedings.
2. At thesueh proposed improvement hearing the City Council shall receive- summarize to those in
attendance the City Staffs written and oral statements about the purpose of the proposed
improvement and costs per benefited property. The City Council shall and hear any resident's
agreement or disagreement with the proposed improvement. The Councilor City Staff shall
answer questions presented by public where feasible or known answers exist. .
he pfepesed The City Council will accept written petitions if presented
at the meeting.
E. Public Confirmation and Objection Period
1. A period of sixty days shall elapse after the public hearing before any further Council action or
non -City staff expenses shall be expended on the proposed improvement.
If within thiss*# sixty day period, a petition signed by a maiority of the owners proposed to be
assessed for the improvement is filed against thesneh improvement the Council shall not make
such improvement at the expense of the property benefited, unless in the same sixty day period
a majority of the benefited properties owners file a petition requesting the improvement proceed
as proposed If the petition requests changesm but is not against the proposed improvement, the
Council and City Staff will review the proposed changes and estimate the total proiect cost
resulting from the requested changes, _as_if the alternative was part of the original proposal. The
c
e the sixty-day waiting peri
11"WFEWMIR111 I ap� Of Paramm amaym I 1 11 W
1 ;�
08 2. At the end of the sixty day period the Council shall pass a resolution:
09 1. Approving the proposed improvement, as originally proposed, if no properlygualifi
10 petition against it is received,
11 2. Approve the proposed improvement as modified by a properly qualified petition req
12 a modifying
petition request is received and agreeable to the Council, or
13 3. Shall cancel the proposed improvement if a property qualified petition against such
14 proposed improvement is received and no majority petition is received requesting
15 Council proceed as originally proposed or modified.
216
17 , ef en
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219 �'Tr filedithCISGZpLTI7 GCT presented YV Y11V vVY.11vla.
220
221
22 Subdivision 2. "wReg ss of „n i Subdivision
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1 . (Brian proposes that this subdivision be withdrawn totally from the
Charter as the condition is addressed in Subdivision 1 above remaining subdivision would be
if
Subdivision 3. When a proposed improvement is allowed under the foregoing subdivisions the Council
may proceed at any time between sixty days and one year after the public hearing on the improvement.
However, no contract shall be let in the event that the current proposed contract exceeds the estimated
cost by more than ten percent.
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 year after the public hearing on
said improvement.
42
43 Section 8.05. Procedure for Public Improvements not funded by Special Assessment
44 The Council may pay all the cost of Local or Public Improvements without Special Assessment to
45 the Benefited Property. The Council may utilize fund balances of dedicated funds previously collected for
46 the purpose of Local or Public improvement, may allocate a combination of dedicated funds with the
47 General funds to fiend the Local or Public improvement, however may not use the General fund for the
48 Local or Public Improvement if the dedicated fund is not fully utilized before General Rinds are allocated.
49 This section prescribes the procedures that shall be followed and applied when Special
50 Assessments are not used for any of the financing of Local or Public Improvement in the City of Mounds
51 View.
52
53 Subdivision 1. Local Improvements with Dedicated Fund Financing
54 A. Initiation: All improvements to be paid for by Dedicated fund shall be initiated by one of the
55 following: a.) a petition see "8.05 Subl, B" below) together with a resolution adopted by an
56 affirmative vote of three of the five members of the Council, or;
57 b.) a resolution adopted by an affirmative vote of four of the five members of the Council.
58 B. Qualified Petition and Petitioner.
59 1. Petitions from citizens regarding a proposed Local Improvement project must meet certain
60 criteria. Any petition failing to meet these criteria will receive no consideration by City.
61 • First, the Public Improvement petition must be for and include on the petition cover page a
62 specific proposal for a defined geographic area, a specific real property impact, a quantifiable
63 benefit to the C11y and properties affected, and propose the Dedicated Funds account to be
64 allocated for the financing.
65 Second, the petition must be of interest to and impact more than a single property,
66 • Third, the petition may not request any action which would be a violation of MN Statutes or
67 local ordinances.
68 • Fourth, the completed petition consists of one or more pages, gathered together and numbered
69 as a whole into a single document. Each signature page will contain the title of the proposal, the
70 geographic scope, the general change, the proposed fmancing method and costs to individual
71 property owners, the sponsor's name, the dated signature and printed name and address of those
72 signing.
73 • Fifth, the completed petition will be submitted for qualification review to the City
74 Administrator, or Assistant City Administrator, no later than 180 days from the date of the first
75 signature on the signature pages.
76 • Sample petition will be made up by City Staff and available for any property owner or citizen
77 interested in sponsoring a petition.
78
79 2. Petitioners are:
80 • Any person whose name is listed as owner of the property with the Ramsey County Property
81 Records Office is to be recognized by the City as the property owner.
82 • Any person who is the owner of a benefited proper!inaproposed Local Improvement, is a
83 qualified person to propose, circulate, and sign a petition.
84 • Any person whose name appears on a petition may withdraw their name by a statement in
85 writing filed with the Council before such petition is presented to the Council.
86 3. Petitions must be submitted and conducted by a benefited property owner(s).A qualified petition
87 will have the signatures of at minimum twenty-five percent of the benefited property owners in the
88 proposed Local Improvement area. City Staff shall provide any benefited property owner the
89 complete list of names of property owners for a proposed Local Improvement area.
90 4. City Staff shall qualify petition based on items 8.05.Subd B:Ph 1,2, and 3 previous. City Staff
91 shall report receipt of all petitions for Local Improvements. The report shall include the primary.
92 petitioner, the proposed improvement and whether the petition was qualified or not for Council
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93 consideration.
94 C. Council Resolution —
95 City Staff will present all properly qualified petitions in the form of a resolution to the Council
96 within 60 calendar days of receipt of the petition by the City Administrator or Assistant City
97 Administrator. For all Local Improvement proposals the Council resolution shall state the purpose
98 and scope of the proposed improvement, the benefited properties, and the estimated Dedicated Fund
99 or General Fund balance to be allocated to the improvement. The City Staff shall establish a list of
ith an average per property investment amount that is
00 the benefited addresses and property owners w
O1 being proposed along with total proposed project.
02 D. Public Hearing and Notice
03 Upon receipt of a qualified Local or Public Improvement Resolution, the Council shall by resolution
04 set a date for a public hearing on the proposed improvement. The resolution will set the time, place
05 and purpose of the public hearing
06 I . The resolution shall be published in the City Newsletter twice and at least one week apart no
07 less than two weeks prior to the date of stated hearing A copy of the resolution, including
08 estimated unit prices and total price shall be mailed to each benefited property owner, at
09 owner's last known address, at least two weeks prior to the date of stated hearing. Failure to
10 give mailed notice, or any defects in the notice, shall not invalidate the proceedings_
11 2. At the proposed improvement hearingthe e City Council shall summarize to those in attendance
12 the City Staffs written and oral statements about the purpose of the proposed improvement and
13 costs per benefited property. The City Council shall hear any resident's agreement or
14 disagreement with the proposed improvement. The Council or City Staff shall answer
15 questions presented by the public where feasible or known answers exist. The City Council will
16 accept written petitions if presented at the meeting.
17 E. Public Confirmation and Obiection Period
18 1. A period of sixty days shall elapse after the public hearing before any further Council action or
19 non -City staff expenses shall be expended on the proposed improvement. If within this sixty.
20 day period, a petition signed by a majority of the owners proposed to be assessed for the
21 improvement is filed against the improvement the Council shall not make such improvement at
22 the expense of the property benefited, unless in the same sixty day period a majorily of the
23 benefited properties owners file a petition requestingthe he improvement proceed as proposed. If
24 the petition requests changes but is not against the proposed improvement, the Council and City
25 Staff will review the proposed changes and estimate the total project cost resulting from the
26 requested changes, as if the alternative was part of the original proposal. The proposed changes
27 shall not delay or change the sixty day waiting_ period.
28 2. At the end of the sixty day period the Council shall pass a resolution.
29 1. Approving the proposed improvement, as originally proposed, if no properly qualified
30 petition against it is received,
31 2. Approve the proposed improvement as modified by properly qualified petition request, if
32 a modifying
_petition request is received and agreeable to the Council, or
33 Shall cancel the proposed improvement if a properly qualified petition against such
34 proposed improvement is received and no maiority signed petition is received requesting the
35 Council proceed as originally proposed or modified.
36 3.
37
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3 8 Section 8.06. Procedure.
39
40 Subdivision 1 All improvements to be paid for by special assessments against the benefited property
41 shall be instituted by either, (1) the petition of at least twenty five percent in number of the benefited property
42 owners together with a resolution adopted by an affirmative vote of the majority of all of the Council, or, (2) Cc
43 resolution adopted by a four -fifths affirmative vote of all of the Council. The Council resolution shall state
44 the nature and scope of the proposed improvement, and shall provide means to obtain a cost estimate which
45 shall set forth the cost of the improvement both in unit price and in total thereof. Upon receipt of such
46 estimate the Council shall by resolution set a date for a public hearing on the proposed improvement, setting
47 forth therein the time, place and purpose of such hearing. Such resolution shall be described in the City
48 Newsletter and published twice at least one week apart in the official newspaper of the City no less than two
49 weeks prior to the date of said hearing, and in addition thereto, a copy of such resolution including_ estimated
50 unit prices and estimated total price thereof shall be mailed to each benefited property owner at owner's last
51 known address at least two weeks prior to the date of said hearing. Failure to give mailed notice, or any
52 defects in the notice shall not invalidate the proceedings. At such hearing the City Council shall receive any
53 written and oral statements, and hear any petitioners for or against the proposed improvement. A period of
54 sixty days shall elapse after the public hearing before any further action shall be taken by the Council on the
55 proposed improvement If within such sixbday period, a petition against such improvement be filed with the
56 Council signed by a majority of the owners proposed to be assessed for the improvement, or, when the
57 improvement has been petitioned for, signed by a number of the owners proposed to be assessed for such
58 improvement at least equal to the number of those who petitioned for the improvement, the Council shall not
59 make such improvement at the expense of the property benefited, unless in the meantime, there be filed with
60 the Council a petition asking that the improvement be made, signed bypropertyowners proposed to be
61 assessed for such improvement at least equal in number to those who signed the petition against the
62 improvement, in which event the Council may disregard the petition against the improvement. Any person
63 whose name appears on a petition to the Council for a local improvement, or on a petition to the Council
64 against a local improvement, may withdraw their name by a statement in writing filed with the Council before
65 such petition is presented to the Council.
66
67 Subdivision 2 Regardless of the provisions in Subdivision 1, when less than 100 percent of the
68 estimated cost of a proposed local improvement is to be paid for by special assessment, within the sixty dam
69 period after a public hearing has been held on the proposed llnprovement, a petition may be filed with the
70 Council, signed by a majority of the number of electors who voted for Mayor in the last regular municipal
71 election, protesting against either the improvement, or the assessment formula, or both. In this event, the
72 Council shall not proceed with the improvement, as proposed.
73
74 Subdivision 3 When a proposed improvement is allowed Finder the foregoing subdivisions the
75 Council may proceed at any time between sixty days and one year after the public hearing on the
76 improvement However, no contract shall be let in the event that the current proposed contract exceeds the
77 estimated cost by more than ten percent.
78
79 Subdivision 4 When a proposed improvement is disallowed under the foregoing subdivisions, the
80 Council shall not vote on the same improvement within a period of one year after the public hearing on said
81 improvement.
82
83 Section 8.07. Assessments for Services. The Council may provide by ordinance that the cost of City services
84 to streets, sidewalks, or other public or private property may be assessed against property benefited and may_
ji be collected in the same manner as special assessments. Such costs shall not be deemed to be "special
L