03-12-1992 Charter Packet - Laserfiche WebLink

Home Search

Mr. Randall Schumacher February 29, 1988 Page 4 (9) May a person who has signed a petition against a local improvement withdraw his or her name? If the petition is "presented" to the Council, (how is that done?) before the 60 day period has elapsed, may a person withdraw his or her name prior to Council action? 3. Section 8.04, Subdivision 2 and Section 303.05 of the ordinance. These provisions are very troublesome. We think that the charter means that if any portion of the cost of the improvement is to be financed by funds raised by general taxation an elec- tion is required to authorize the improvements. On the other hand the ordinance says that if less than 100% of the cost is assessed an election is required. We think the charter must be followed. This means, for example, that if a project is proposed for a state -aid street and the Council for any number of good reasons feels that the state aid funds available for use on that street should be used elsewhere making general taxes the only source of funds for the City's share of the cost an election is required. But Minn. Stat. Section 429.051, Subdivision 1, made applicable by the ordi- nance, permits that any part of the improvement may be assessed whether or not state -aid funds are used to finance the project. Thus, the Council will be com- pelled to use state aid funds on the project or conduct an election. How can the voters of the City intelli- gently vote on the appropriateness of the "associated assessment formula" when only the owners of property proposed to be assessed are interested? Again, if the voters approve the formula can any other scheme later be used if that if found legally necessary? 4. Section 8.04, Subdivision 3. (a) The word "subdivision" in the second line must mean "subdivisions". (b) What is "all of the evidence on which the Council shall base their decision", and what is the "public record of the proposed im- provement"? The language is so broad that a challenge to the jurisdiction of the Council to proceed with the improvement is rather simple.