03/05/2012 Council Packet - Laserfiche WebLink

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abutting property owners to be filed with the city prior to or at the improvement hearing. If no objection is received, the council may order the project as specified under state requirements. If an objection is received the council shall call a special meeting (2nd public hearing) to be held at least 45 days after the improvement hearing. 5. Section 8.02, Subd. 3 allows the city council to order the improvement following the special meeting (2 "d public hearing), but requires the effective date of the resolution to be at least 30 days after adoption. In such case, the City is required to mail a summary of the resolution to affected owners within 5 days of adoption. Prior to the effective date of the resolution, if 50% of the affected property owners sign written objections to the resolution then the resolution does not become effective and the improvement is not ordered. 6. Section 8.02, Subd. 5 provides that if any portion of the project is to be paid from property taxes, registered voters may file a petition requesting a vote on the improvement. Such petition must be received within 30 days of ordering the improvement and be signed by registered voters equal to at least 12 percent of the votes cast in the last general municipal election. Based on 2011 election this number would be 517 signatures. In such case, the city may only proceed after obtaining approval of a majority of the voters voting on the question. 7. Section 8.02, Subd. 6 states that in the event the ballot question fails, the requirements of Minnesota Statutes, section 475.58 will apply. These requirements stipulate that the same ballot measure cannot be resubmitted to the voters within a period of 180 days. If it fails a second time, it may not be resubmitted within a period of one year. 8. The ordinance also repeals Section 8.07 of the Charter regarding the exempt zones. Establishment of an annual street reconstruction program will require the expenditure of property taxes to fund the improvements. As discussed in previous meetings, the most financially prudent and equitable way to distribute the costs of street reconstruction is through a combination of special assessments to benefiting property owners and ad valorem taxes paid by all city taxpayers. This financial strategy has been difficult to implement, due in part, to the procedural requirements currently existing within the City Charter. The proposed amendment provides the City Council with more control over the procedural process while improving the City Council /neighborhood involvement. The amendment continues to provide a neighborhood option to veto the project. Additionally, and possibly most important, is the continued opportunity to hold a city wide vote on a project. However, the vote would need to be initiated via a citizen petition process rather than automatically held as currently required. Requested Council Direction Staff is requesting council direction to place the proposed Charter amendment ordinance on the council agenda for a first reading on March 12, 2012. Attachments 1. Draft Ordinance No. 05 -12 (changes from Citizen Task Force highlighted)