HomeMy WebLinkAbout1983-04-04_COUNCIL MEETINGAGENDA
EDINA CITY COUNCIL
REGULAR COUNCIL MEETING
REGULAR HOUSING AND REDEVELOPMENT AUTHORITY MEETING
APRIL 4, 1983
7:00 P.M.
HOUSING AND REDEVELOPMENT AUTHORITY
ROLLCALL
MINUTES of March 7, 1983, approved as submitted or corrected by motion of
seconded by
EDINA CITY COUNCIL
RESOLUTION OF CONGRATULATIONS - Edina High School Boys Basketball Team
Edina High School Boys Swimming Team
RECOGNITION OF EAGLE SCOUTS - David Halla, William Malecki, Raymond Sit
MINUTES of February 28, 1983, approved as submitted or corrected by motion of ,
seconded by
I. PUBLIC HEARINGS AND REPORTS ON PLANNING MATTERS. Affidavits of Notice by Clerk.
Presentation by Planning Department. Spectators heard. First Reading of Zoning
Ordinancq requires offering of Ordinance only. 4/5 favorable rollcall vote to
pass Second Reading or if Second Reading should be waived. Lot Divisions, Flood
Plain Permits, Plats, Appeals from Administrative or Board of Appeals and
Adjustments decisions require action by Resolution. 3/5 favorable rollcall
to pass.
A. Pearson /Elmer Townhouses - Generally located South of Vernon Avenue and
East of Vernon Court
1. R -2 Residential District to PRD -2 Planned Residential District
2. Pearson /Elmer Addition - Preliminary Plat Approval
(Continued from 3/21/83).- (Continue to 4/18/83)
B. Westridge Estates - Generally located North of Crosstown Highway and West
of MN &S Railroad
1. Final Plat Approval
D. Set Hearing Dates (4/18/83)
1. Normandale Bluff - Generally located West of Rolf Avenue and South of
West 64th Street
2. Kenneth "Chip" Glaser - PID, Planned Industrial District to C -1 Commercial
District - Generally located South of Valley View Road,.East of Washington
Avenue and West of Co. Rd. 18
3. Gittleman Corporation - R -1 Residential District to PRD -3 Planned
Residential District — Second Reading -,Generally located West of Cahill
Road and North of Dewey Hill Road
II. SPECIAL CONCERNS OF RESIDENTS
III. AWARD OF BIDS - Tabulations and Recommendations by City Manager. Action of
Council by Motion.
A. Sand, Rock and Bituminous Materials
B. Water Treatment Chemicals
C. Tractor and 7 -Gang Hydraulic Lift Mowers
IV. RECOMMENDATIONS AND REPORTS
A. Board of Review - Set Hearing Date /Time (5/23/83)
B. Cable TV - Police Crime Prevention Program Funding
C. Day.Labor Bill Resolution
D. No Salt /Chemicals Bill
E. Special Concerns of Mayor and Council
F. Post Agenda and Manager's Miscellaneous Items
April 4, 1983
Council Agenda
Page Two
V. FINANCE
A. Claims Paid: Motion of , seconded by , for payment of the
following Claims as per Pre -List: General Fund, $50,474.12; Park Fund,
$10,858.00; Art Center, $1,413.15; Swimming Pool, $20.00; Golf Course,
$4,492.61; Arena, $4,719.37; Gun Range, $108.25; Water Fund, $4,997.04;
Sewer Fund, $2,753.19; Liquor Fund, $1,682.97; Construction, $213.95;
Total, $81,732.65; and for confirmation of payment of the following claims:
Liquor.Fund, $239,197.89
RESOLUTION GRANTING FINAL PLAT
APPROVAL FOR WESTRIDGE ESTATES
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that
certain plat entitled "Westridge Estates ", platted by Donald R. and Shirley A.
Berg, husband and wife, and presented at the regular meeting of the City Council
of April 4, 1983, be and is hereby granted final plat approval, subject to
payment of a subdivision dedication fee of $8,000.00 and execution of a
Developer's Agreement.
ADOPTED this 4th day of April, 1983.
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) SS
CITY OF EDINA ) CERTIFICATE OF CITY CLERK
I, the undersigned duly appointed and acting City Clerk for the City of Edina,
do hereby certify that the attached and foregoing Resolution was duly adopted
by the Edina City Council at its Regular Meeting of April 4, 1983, and as
recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this 5th day of December, 1983.
City Clerk
Subdivision No.s' >
SUBDIVISION DEDICATION REPORT
TO: Planning Commission
Park Board
Environmental Quality Commission
FROM: Planning Department
SUBDIVISION NAME:
LAND SIZE: 2 li� �LO LAND VALUE :;/
(By: Date:
The developer of this subdivision has been required to
A. grant an easement over part of the land
EB. dedicate % of the land
C. donate $ D,60D as a fee in lieu of land
As a result of-applying the following policy:
A. Land Required (no density or intensity may be used for the first 5% of
land dedicated)
1. If property is adjacent to an existing park and the addition
beneficially expands the park.
II 2. If property is 6 acres or will be combined with future dedications
so that the end result will be a minimum of a 6 acre park.
j--t3. If property abuts a natural lake, pond, or stream.
�J 4. If property is necessary for storm water holding or will be dredged
or otherwise improved for storm water holding areas or ponds.
5. If the property is a place of significant natural, scenic or his-
toric value.
n 6.
B. Cash Required '
1. In all other instances than above.
2.
5525 Kellogg Avenue
Ed ina l Minnesota
April 4, 1983
ME3ERS OF THE COUNCIL CITY OF EDINA
Subjects DRIVEWAYS
Facts to be considered in the responsibilities and
regulations of: driveways: ( I have addressed the
_ issue of driveway expansion ,before this council the first of
January and since then.I.,have done considerable investigation
and survey of res idents,..) -
,y In consulting with ,the`.Attorney Generals Office of
the State of Minnesota concerning driveway expansion, I am ad-
vised that a municipality is empowered to protect the property
rights of a property owner against unwarranted expansion. even
though the ordinance of that Municipality does not address
"driveways" per se.
This is based on the following two counts:
No. 1 STANDARD OF THE COM LAITY
N0, 11 C0MI MN USAGE
STANDARD OF THE COMMUNITY. In South Harriet Park in F ina
there is a very definite STANDAIM OF THE CONDAUNITY
r DA3i '(Continued)
I have. checked 14ock,after block , walking along, viewing
property after properGy�_dnd,taking special note of the driveway
of'eac one. Oi,approximately 85 properties that I covered, al-
most. all. except `a very 11ew'. - had a 3 ft. buffer between lots,
maintaining a definite: STANDARD' OF THE Cy' MINITY.
,"Valid explanations for .these exceptions include typhographical
irregularities where , twol,steep - slopes converge at the driveway
location. Also, ae exceptionst are 2 or 3 driveways at the
edge of their lot line 'v' lich,'eXisted fropi the time they were the
firbt and only property'on a- Vacant block. One other exception
is across the street'.from,me,'at 5520 Kellogg. On polling the
property owner on whose,lot.'the drivway imposes she explained
that there had been beforehand..mutual agreement, and that she
had granted permission.because she could use that driveway in
winter, closer to her door than her own at far end of her lot,
also she could park on their driveway when the owners were
away, as protection against intrusion.
2.
No, 11 CODWiON - -- _USAGE
The Attorney General's Office of the State of Minnesota
defines CODDION USAGE as that area beyond the driveway itself
which in.fact will be in continuing use to serve that driveway -
likely some distance of 3 ft.' or more. The owner of the drive-
way would have to, provide his own COIN USAGE Arm► This
could not be forced 6h,the neighboring property owner, which
would; be in violation.,,of:-his property 'ri;&ts. The City of Edina
has., a duty and respohsib3l�.ty to ..protect :th® STAIy'DAM OF THE
.arid- COMM09" USAGE it respect o driveways.
j
RLQULb i VUR PURCHASE
TO: Mayor and City Council
FROM: Francis Hoffman, Director of Public Works
VIA: Kenneth Rosland, City Manager
SUBJECT: REQUEST FOR PURCHASE OF ITEM IN EXCESS OF $5,000
DATE: March 31,1983
Material Description (General Specifications):
Sand, Rock, Bituminous Material
Quotations /Bids:
Company 'Amount of Quote or Bid
�• See attached tabulation
2.
3.
Department Recon'fnendation: Award items that have asteriks to the firm listed on left hand column
/Ll�u�'�. ,� ✓y,�,,,;�
Public Works
Signat a Department
Finance Director's. Endorsement:
The recommended bid is '� is not within the amount budget for the purchase.
J. N. Dalen, Finance Director
City M aer's Endorsement:
1. I concur with the recornnendation of the Department and recommend Council approve
the purchase.
2. I recommend as an al ternati've:
Kenneth Ros land, i ty Manager
Concrete Sand /ton
1982
3.10
1983
$2.92
% Increase /Decrease
-5.8%
Buckshot /ton
$6.39
$6.15
_3.7%
Gravel Base /ton
$3.85
$3.85
0
Limestone /ton
$4.40
$4.68
+6.4%
Seal Coat Chips /ton
$11.15
$12.05
+8,0%
Ready Mix Bituminous /ton
17.50
$17.95
+2.6%
Cut Back Asphalt /gal.
$.90
$1.0222
+13.9%
Winter Mix
$22.50
$24.00
+7,0%
Award items with asteriks
P.U. = Pick -up by City trucks
D. = Delivered to City
BID TABULATION
CITY OF EDIN IN ESOTA
SAND - BIT.UMINOUS MATERIAL -- ROCK
BID OPENING: MARCH 30, 1983 - 11:30 A.M.
All Items-per ton except 7
Concrete
Sand 1
Buck
Shot 2
Gravel
Base 3
Limestone
4
Seal -Coat -
Chips 5
Ready Mix Cut -Back Winter
Bituminous 6 As halt 7 Mix . 8
7 is per gallon)
P.U. D.
P.U. D.
P.U. D.
P.U.
D.
P.U.
D.
P.U. D. P.U. D. P.U. D.
Prior� Lake Aggregates. Inc.
$1.20
*
$2.92
$2.05 $4.05
-
Hassan Sand & Gravel
2.00
3.70
4.00
4.50
*
6.15
6.25
1.90 4.05
* **
2.00 3.85
3.25
4.95
Northwestern Aggregates
1.00
3.05
4.50
6.36
2.00 4.16
Asphalt Paving Materials, Inc..
2,850.0 5.70
J. L. Shiely Company
3.70
5.65
5.12
6.52
3.02 4.68
3.02
*4.68
7.25
12.20
Commercial Asphalt Co.
2.00
4.65
4.50
7.15
2.00 4.65
1
17.05
Bryan Rock Products, Inc.
3.07
5.27
TCI Trap Rock, Inc.
7.30
*12.05
Wm. Mueller & Sons Inc.
1.50
4.70
2.00 5.20
17.25 20.45 21.50 24.70
Koch Asphalt Company
_
1.00 1.0222
Bury & Carlson, Inc.
* **
2.25 3.85
17.94 20.45 24.00 26.50
Midwest Asphalt Corporation
2.05 14.45
2.95
4.78
17.90 19.85
24.75 26.50
* Based on low bid
** Alternate Bid
* ** Shared award item
REQUEST FOR PURL; IASE
TO: Mayor and City Council
FROM: Francis Hoffman, Director of Public Works
VIA: Kenneth Rosland, City Manager
SUBJECT: REQUEST FOR PURCHASE OF ITE1.1 IN EXCESS OF $5,000
DATE: March 31, 1983
Material Description (General Specifications):
Hydrofluosilicic Acid and Liquid Chlorine
(Water Treatment Chemicals)
Quotations /Bids:
� — 13
Company Amount of Quote or Bid
1. Hawkins Chemials, Inc Hydrofluosilicic Acid /cwt. Chlorine /cwt. Total
8.60 14.12. 22.72
2. Jones Chemicals, Inc. $10.18 $15.9333 $26.113
3. Van Waters & Rogers $10.34 $15.8.4 $26.18
Department Recommendation: Hawkins Chemicals, Inc.
$22.72 Total Bid (—S. 6 7 ci4e FLIP
.. 19gz
i Public Works /Water Dept.
Sign ure Department
Finance Director's Endorsement:
The recommended bid is ./ is not within the amount budget for the purchase.
ZZI
en, rinance uirector
City Manager's Endorsement: r
�1. I concur with the reconnnendation of the Department and recommend Council approve
the purchase.
2. I recommend as an alternative:
Kenneth Rosland, City 1 pager
REQUEST FOR PURCHASE
TO: Mayor and City Council
FROM: Bob Kojetin, Director, Park &..Recreation Department
VIA: Kenneth Rosland, City Manager
SUBJECT: REQUEST FOR PURCHASE OF ITEM IN EXCESS OF $ 5,000
DATE March 29, 1983
Material Description (General Specifications):
One (1) Tractor and 7 -gang hydraulic lift mowers
with trade -in of 1957 7-gang hydraulic mower
Quotations /Bids:
Company Amount of Quote or Bid
1. Minnesota Toro, Inc. $25,742.00 with trade in - $22,880.00
14900 21st Ave. N., Plymouth, MN 55441
2. Tri State Toro Co.
6125 Valley Drive, Bettendorf, Iowa 52722 $37,364.00 with trade in - $36,864.00
3.
Department Recommendation:
Minnesota Toro, Inc. $22,880.00
Park and Recreation
gnature Department
Finance Director's Endorsement:
The recommended bid is is not within the amount budget for the purchase,
u. ri, uaien, ri.nance Director
City Maner's Endorsement:
1/ 1. I concur with the recommendation of the Department and recommend Council approve
the purchase.
2. I recommend as an alternative:
M E M O R A N D U M
TO: Kenneth E. Rosland, City Manager DATE: March 30, 1983
FROM: Craig G. Swanson, Chief of Police
SUBJECT: Cable TV Pro4ramminq'
The Annual Meeting of the Edina Crime Prevention and Criminal Apprehension
Fund was held March 24, 1983. Resulting from that meeting was a decision
to fund approximately 50% of a crime prevention cable TV program produced
by the Police Department. This funding would be fore a one -year trial
period starting in April 1983.
Specifically, up to $10,000 was appropriated for this purpose. The
attached proposed budget and job description, along with a segment of a
pilot program, were reviewed in making the decision.
CRAIG SWANSON
CHIEF OF POLICE
CGS:nah
Attachments
CRIME PREVENTION COORDINATOR
Salary: $10.00 per hour
Part- time.: 30 hours per week
Duties will include:
- Recruit, train, supervise volunteers providing service in the area of
crime prevention.
- Plan, implement, manage, coordinate, and provide service to the City
of Edina in the area of crime prevention.
- Physical security
- Alarms
- Crime prevention education
- Premise surveys
- Coordinate and produce a bi- weekly 20- minute Crime Prevention program
for cable TV.
- Coordinate and advise on matters of public relations for the Edina Police
Department.
- Work toward the accomplishment of pre- determined goals and objectives in
the above areas.
- Manage allotted budget.
Desirable qualifications:
- BA or BS with a preference for a person with a journalism /communications /
education background.
- Knowledge of media potential within the suburban setting.
- Ability to learn the basic principles of crime prevention and communicate
that knowledge to residents of the community through various media facilities.
- Ability to communicate clearly and translate information into various print
and electronic formats.
- Administrative skills including filing, clerical and typing skills of 40WPM.
- Managerial skills sufficient to effectively administer the Edina False Alarm
Reduction Program.
- Managerial skills to effectively plan and coordinate volunteer activities.
PROPOSED CABLE TV BUDGET
1983
PERSONNEL COSTS
April '83- Dec.'83 Apr..'83- Apr..'84
Salary: One part -time employee
30 hrs. per week
$10.00 per hour $12,000.00 $15,600.00
Salary & compensatory time: Three
pol ice employees
8.5 hrs. per two =week period
$5.50 per hour $ 935.00 $ 1,215.50
CONTRACTUAL COSTS
Mileage allowance: 30 miles per show
$.21 per mile $ 126.00 $ 163.80
COMMODITIES
- 3/4 -inch master video tapes
$15.00 per show $ 300.00 $ 390.00
- Video tapes for portable camera $ 84.00 $ 109.20
- Misc. purchases for production
props and supplies
$35.00 per show $ 700.00 $ 910.00
$14,145.00 $18,388.50
F 3y
SAMPLE RESOLUTION
RE: DAY LABOR BILL
j -G
WHEREAS, the City Council of the City of
is the governing body of the City of and
WHEREAS, a Day Labor Bill has been introduced into the State of
Minnesota Legislature; and
WHEREAS, it is the City Council's responsibility as elected officials
to provide the level of service of various municipal functions as desired by
constituents at an economical cost; and
WHEREAS, the Day Labor Bill removes the authority of the elected
official to determine a feasible and economical means of providing service
to its constituents; and
WHEREAS, a recent survey indicates that cities are already contract-
ing out work they have determined feasible and economical; and
WHEREAS, the Bill would place another administrative burden on the
City; and
WHEREAS, the availability of contractors for year around bidding
may be uncertain;
NOW THEREFORE, BE IT RESOLVED- that•the City Council opposes the
passage of the Day Labor Bill as introduced in the State Legislature;
AND BE IT FURTHER RESOLVED that the City Council opposes restrictions
on the City as regards their authority to determine appropriate methods of
service delivery to their constituents.
Passed and adopted this day of 1983.
Mayor
ATTEST:
Secretary to the Council
( U
41- 2�,,/
Pp7gni 1ITTnN
WHEREAS, the City of Edina provides its taxpayers a basic level of
services; and
WHEREAS, selected areas of the City desire a higher level. of service
provided than the basic; and
WHEREAS, establishment of a special taxing district would allow the
flexibility to have a higher level of service in that area; and
WHEREAS, such services most properly are-- as.sessed'on an ad valorem
basis; and
WHEREAS, the City of Bloomington has consented to, the addition of the
City of Edina to the bill;
THEREFORE, BE IT RESOLVED that the City Council of the City of Edina
requests the Minnesota State Legislature to amend Senate File 917 and
House File 875 to include the City of Edina within the provisions of the
bill.
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) SS
CITY OF EDINA ) CERTIFICATE OF CITY CLERK
I, the undersigned duly appointed and Acting City Clerk for the City of
Edina, do hereby certify that the attached and foregoing Resolution was
duly adopted by the Edina City Council at its Regular Meeting of
April 4, 1983, and as recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this 6th day of April, 1983.
Acting City Clerk
4
A bill for an act Y 1L
relating to the city of Bloomington; permitting the
establishment of special service districts; providing
taxing and other financial authority for Bloomington.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [DEFINITIONS.]
Subdivision 1. For the purpose of this act the terms defined
in this section have the following meanings.
Subd. 2. "City" means the city of Bloomington.
Subd_ 3. "Special services" means all services rendered or
contracted for by the city, including, but not limited to,
(a) the repair_, maintenance, operation, and construction of
any improvements authorized by Minnesota Statutes, section 429.021;
(b) parking services rendered or contracted for by the city;
and
(c) any other service provided to the public by the city
authorized by any law or charter provision to provide the
service.
Special services shall not include services which are or.dinaril
provided throughout'the city from general fund revenues of the
city unless an increased level of the service is provided in the
special service district.
Subd. 4. "Special service district" means a defined area
within the city in which special services are rendered and the
costs_ of the special services are paid from revenues collected
from taxes and service charges imposed within that area.
Subd. 5. "Assessed value" means the assessed value as most
recently certified by the commissioner of revenue as of the
effective date of the ordinance or resolution adopted pursuant
to section 2 or 3.
Subd. 6. "Land area" means the land area located within
the district which is subject to property taxation.
Subd. 7. "City clerk means the city clerk of the city of
Bloomington.
Sec. 2. [ESTABLISHMENT OF SPECIAL SERVICE DISTRICT.]
Subdivision 1. [ORDINANCE.] The governing body of the city
may adoo.1 - -lan ors %inance establishing a special service district.
1
' • F
I'
Only property which is zoned for commercial, business, or
industrial use under a municipal zoning ordinance may be
included in a special service district. The ordinance shall
describe with particularity the area within the city to be
included in the district and the special services to be
furnished within the district. The ordinance may not be adopted
until after a public hearing has been held on the question.
Notice of the hearinq shall include:
(a) The time and place of hearing;
(b) A map showing the boundaries of the proposed special
service district; and
(c) A statement that all persons owning property in the
proposed special service district will be given opportunity to
be heard at the hearinq.
Subd. 2. [NOTICE.] Notice of the hearing shall be given by
publication in two issues of the official newspaper of the city.
The two publications shall be a week apart and the hearing shall
be held at least three days after the last publication. Not less
than ten days before the hearinq, notice shall also be mailed to
the owner of each parcel within the area proposed to be included
in the special service district_. For the purpose of giving mailed
notice, owners shall be those shown on the records of the count
auditor. Other records may be used to supply the necessary
information. For properties which are tax exempt or subject to
taxation on a gross earnings basis in lieu of property tax and
are not listed on the records of the county auditor, the owners
shall be ascertained by any practicable means-and mailed notice
given them. At the public hearing any person affected by the
proposed special services district may be heard orally in respect
to any issues embodied in the notice. The hearing may be adjourned
from time to time and the ordinance establishing the special services
district may be adopted at any time within six months after the
date of the conclusion of the hearing by a vote of the majority
of the governing body of the city.
Sec. 3. [TAXING AUTHORITY; NOTICE AND HEARING REQUIREMENTS.]
Subdivision 1. [TAXES; HEARING.] Ad valorem tares may be
levied on taxable property or service charges may be imposed by
F
the city within the special service district at a rate.or amount
sufficient to produce revenues required to provide special
services within the district. For purposes of determining the
appropriate mill.r.ate, taxable property or value shall be
determined without regard to captured or original assessed value
under Minnesota Statutes, section 273.76 or to the distribution
or contribution value under_ Minnesota Statutes, section
473F.08. Taxes and service charges shall not be imposed to
finance a special service if the service is ordinarily provided
by the city from general fund revenues of the city unless the
service is provided in the special service district at an
increased level, in which case only an amount to pa for the
increased level may be imposed. A service charge shall not be
imposed on the receipts from the sale of intoxicating liquor,
food, or loding. Prior to the levy of taxes or imposition of
service charges in a special service district,'for each calendar
year, notice shall be given and hearing shall be held pursuant
to section 2 except that notice shall also be mailed to an
individual or business organization subject to a service
charge. For purposes of this section the notice shall also
„r. 1 "A- .
(a) A statement that all interested_ persons will be given
an opportunity to be heard at the hearing regarding a proposed
tax levy or service charge.
(b) The estimated cost of improvements to be paid for in
whole or in part by tares or service charges imposed pursuant to
this section, the estimated cost of operating and maintaining
the improvements during the first year after completion of the
improvements, and the proposed method and source of financing
the improvements and the annual cost of operating and the annual
cost of operating and maintaining the improvements.
(c) The proposed rate or amount of taxes to be extended or
the proposed service charge to be imposed in the special service
district during the calendar year and the nature and character
of special services to be rendered in the special service
district during the calendar year..
3
(d) A statement that the petition requirements of section 8
have either been met or do not apply to the proposed taxes or
service charge.
Within six months of the public hearing, the city may adopt
a resolution levying a tax or imposing a service charge within
the special service district not exceeding the amount or rate
expressed in the notice issued pursuant to this section.
Subd. 2. (EXEMPTION OF CERTAIN PROPERTIES FROM TAXES.]
Property exempted from taxation by Minnesota Statutes, section
272.02, shall be exempted from any ad valorem taxes imposed
pursuant to this act.
Subd. 3. [LEVY LIMIT EXEMPTION.] Taxes and service.charges
imposed pursuant to this act shall not be included in the
calculation of levies or limits on levies provided by other law
or home rule charter provision.
Subd. 4. [EXCLUSION FROM HOMESTEAD CREDIT.] Taxes levied
under this section shall not be reduced pursuant to Minnesota.
Statutes, section 273.13, subdivisions 6,'7, 7d, or 14a. State
reimbursement pursuant to Minnesota Statutes, section 273.139
shall not apply to any taxes levied pursuant to this chapter.
Sec. 4. [ENLARGEMENT OF SPECIAL SERVICE DISTRICTS.]
Boundaries of a special service area may be enlarged only
after hearing and notice as provided in sections 2 and 3
Notice shall be served in the original special service district
and in the area proposed to be added to the special service
district. Property added to the district shall be subject to all
taxes levied and service charges imposed within the district
after_ the property becomes a part of the district. The petition
requirement in section 8 and the veto power in section 9 shall
only apply to owners and individuals and business organizations
in.the area proposed to be added to the special service district.
Sec. 5. [COLLECTION OF TAXES.]
Ad valorem taxes levied within a special service district
shall be collected and paid over as other ad valorem taxes, but
shall be spread only upon the assessed value of property
described in the ordinance. Taxes collected pursuant to
this act shall not be included in computations under Minnesota
Statutes, section 273.76, chapter 473', or any other law that
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applies to general ad valorem levies.
Sec. 6. [BONDS.]
At any time after a contract for the construction of all or
part of an improvement authorized pursuant to this act has been
entered into or the work has been ordered done by day labor, the
governing body of the city mayissue obligations in the amount
it deems necessary to defray in whole or in part the expense
incurred and estimated to be incurred in making the improvement,
including every item of cost from inception to completion and
all fees and expenses incurred in connection with the
improvement or the financing. The obligations shall be payable,
primarily out of the proceeds of the tax levied pursuant to
section 3. The governing body may, by resolution adopted prior
to the sale of obligations, pledge the full faith, credit and
taxing power of the municipality to assure payment of the
principal and interest in the proceeds.of the tax levy in the
district are insufficient to pay the principal and interest
The obligations shall be issued in accordance with Minnesota
Statutes, chapter 475, except that an election shall not be
required, and the amount of the obligations shall not be
included in determining the net indebtedness of the city under
the provisions of any law or charter l'imiting.indebtednesG
Sec. 7. [ADVISORY BOARD.]
The governing body of the city may create and appoint an
advisory board for each special service district in the city to
advise the governing body in connection with the construction,
maintenance and operation of improvements and the furnishing of
special services in a special service district. The advisory
board shall make recommendations to the governing body on the
requests and complaints of owners, occupants, and users of
property within the special service district and members of the
public. Prior to the adoption.of any proposal by the governing
body to provide services or impose taxes or service charges
within the special service district., the advisory board of the
ecial service district shall have an opportunity to review and
comment upon the proposal.
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Seca 8. [PETITION REQUIRED.]
No public hearing may be held pursuant to section 2 unless
owners of ten per..cent or more of the land area of the proposed
special service district and owner_s.of ten percent or more of
the assessed value of the proposed special service district file
a petition requesting the public hearing with the city clerk
No public hearing may be held pursuant to section 3 to impose an
ad valorem tax unless owners of ten percent or more of the land
area subject to a proposed tax and owners of ten percent or more
of the assessed value subject to a proposed tax file a petition
requesting the public hearing with the city clerk No public
hearing may be held pursuant to section 3 to impose a service
charge unless ten percent or more of the individual or business
organizations subject to the proposed service charge file a
petition requesting the public hearing with the city clerk If
the boundaries of the proposed special service district are
changed or the land area or assessed value subject to a tax or
the individuals or business organizations subject to a service
charge are changed after the public hearing, a petition meeting
the requirements of this section must be filed with the city
clerk before the ordinance establishing the district or
resolution imposing the tax or service charge may become
effective.
Sec. 9. [VETO POWER OF OWNERS.]
Subdivision 1. [NOTICE OF RIGHT TO FILE OBJECTIONS.]
Except as provided in section 10, the effective date of any
ordinance or resolution adopted pursuant to sections 2 and 3
shall be at least 45 days after it is adopted Within five days.
after adoption of the ordinance or resolution, a copy of the
ordinance or resolution shall be mailed to the owner of each
parcel included in the special service district and any
individual or business organization subject to a service charge
in the same manner that notice is mailed pursuant to section 2.
The mailing shall include a notice that owners subject to a tax
and individuals and business organizations subject to a service
charge have a right to veto the ordinance or resolution by
filing the required number of objections with the city clerk
before the effective date of the ordinance or resolution.
Subd. 2. [REQUIREMENT FOR VETO.] If owners.of 35 percent
of the land area in the special service district and owners of
35 percent of the assessed value in the special service.district
file an objection to the ordinance adopted by the city pursuant
to section 2 with the city clerk before the effective date of
the ordinance, the ordinance shall not become effective. If
owners of 35 percent of the land area subject to a tax and
owners of 35 percent of the assessed value subject to a tax file
an objection to the resolution adopted levying.an ad valorem tax
pursuant to section 3 with the city clerk before the effective
date of the resolution, the resolution shall not become
effective. If 35 percent of individuals and business
organizations subject to a service charge file an objection to
the resolution adopted imposing a service charge pursuant to
section 3 with the city clerk before the effective date of the
resolution, the resolution shall not become effective.
Sec. 10. [EXCLUSION FROM PETITION REQUIREMENTS AND VETO
POWER.]
The petition requirement of section 8 and the right of
owners and those subject to a service charge to veto a
resolution in section 9 shall not apply to second or subsequent
years' applications of a tax or service charge which is
authorized to be in effect for more than one year pursuant to a
resolution which has met the petition requirements of section 8
and which has not been vetoed under section 9 for the first
year's application. A resolution levying a tax or imposing a
service charge for more than one year shall not be adopted
unless the notice of public hearing required by section 3 and
the notice mailed with the adopted resolution pursuant to
section 9 include the following information:
(a) In the case of improvements, the maximum rate or amount
of taxes to be levied or the maximum service charge to be
imposed in any year and the maximum number of years the taxes
will be levied or service charges imposed to pay for the
improvement.
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(b) In the case of operating and maintenance services, the
maximum rate or amount of taxes to be levied or the maximum
service charge to be imposed in any year and the maximum number
of years, or a statement that the tax will be imposed for an
indefinite number of years, the taxes will be levied'or service
charges imposed to pay for operation and maintenance services.
The resolution may provide that the maximum amount of tax
to be levied or maximum service charge to be imposed in any year
will increase or decrease from the maximum amount authorized in
the preceding year based on an indicator of increased cost or a
percentage amount established by the resolution.
Sec. 11. [EFFECTIVE DATE.]
Sections 1 to 10 are effective the day after compliance
with Minnesota Statutes, section 645.021, subdivision 3, by the
governing body of the city of Bloomington.
M.