05/09/2005 Council Packet - Laserfiche WebLink

Home Search

4' • • • MEMORANDUM DATE: May 6, 2005 TO: City Council FROM: Michael Grochala RE: Feasibility Studies/Pavement Management Policy Questions During the May 4, 2005 City Council work session there were several questions asked regarding compliance with the City Charter, recouping feasibility costs and how costs appear on a ballot. They are as follows: 1. Does Section 8.04, Subdivision 4 of the City Charter prohibit the City Council from acting on the West Shadow Lake Drive Feasibility Study since the action previously failed at the April 11, 2005 council meeting? Response. Chapter 8.04, Subd. 4 of the City Charter states the following: "When a proposed improvement is disallowed under the foregoing subdivisions, the Council shall not vote on the same improvement within a period of one (1) year after the public hearing on said improvement." "Disallowed under the foregoing subdivisions" refers to either 1) a petition is received signed by the required number of property owners against the improvement; 2) A majority of voters in an election are opposed; or 3) the bids received on a project exceed 10% of the estimated engineers estimate provided at the public hearing. The West Shadow Lake Drive project was "disallowed" by the 2003 General Election. The public hearing for the project was held on October 13, 2003. More than one year has elapsed since the original public hearing. Therefore this section of the City Charter is not applicable to the council action taken on April 11, 2005 to initiate the new study. 2. Will feasibility study costs be recouped from projects? J:\Projects\Pavement Management\Response to Council Comments 5- 6- 05.dot