08-01-2014 Charter Packet - Laserfiche WebLink

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Memorandum to the City Council: This proposal modifies Ordinance 03-14 by directly authorizing special assessment projects to replace existing infrastructure. Only new infrastructure and new improvements would be subject to the restrictions presently in the Charter. This greatly simplifies the process and should lower bonding costs, because the only Charter requirements for repair and replacement of existing infrastructure would be certain local pre -project -approval requirements, and a cap on the amount of the project that may be specially assessed. The city could easily provide an affidavit that all local requirements have been met, as normally required for bonding, without unusual or increased risk of litigation or uncertainty. Existing infrastructure and new improvements are bifurcated. The intent is to allow repair and replacement of infrastructure "like for like". In other words, if an existing paved road contains curb, gutter, city water lines, but no sanitary sewer, it may be repaired or fully reconstructed with curb, gutter, and water lines, but no sanitary sewer. If an existing paved road does not contain any public utilities, it may be repaired or replaced with new pavement, but no public utilities may be added. For new improvements, such as installing sewer and water where none previously existed, the City has a new option. If it can persuade the neighborhood that this improvement should be installed, then that improvement also may proceed under Minn. Stat. Chapter 429. Procedural protections are included in the Charter to ensure that the neighborhood consents to the improvement — this protects the City from individuals later claiming they did not consent, as well as guaranteeing that the neighborhood receives timely information about the scope of an improvement project. Of course, the City may continue to propose projects without regard to neighborhood concerns. Those projects may be bonded, paid for with state aid funds, or financed in other creative manners outside the special assessment process. If the City Council wishes to place this matter on the ballot, the following ballot wording is recommended: "Shall the City Charter be amended so that the right to petition to halt a public improvement project no longer applies to repair and replacement of streets and other public improvements on a like -for -like basis?"