08/14/2000 Council Packet - Laserfiche WebLink

Home Search

16u /1d /1610 11: G'( LHW Urr 1 Ltb 21416 4 1 h HVt -* bbl =se e477 NU.164( 1, LAW OFFICES of William G. Hawkins and Associates 2140 EouRTH AVENUE Noma l:cgatnsstaiuni ANOKA. MJNNESOTA 55303 WILLIAM G. HAWKJNS TAMMI J. UVEGES PHONE (763) 21-42 77 BARRY A. SULLIVAN FAX (763) 421 -4213 E-MAIL HawkLaw l @ aol.com August 8, 2000 The Honorable Mayor John Bergeson and Members of the Lino Lakes City Council Lino Lakes City Hall 600 Town Center Parkway Lino Lakes, MN 55014 Re: Twilight Acres Special Assessment Procedure Dear Mayor Bergeson and Members of the City Council: This letter is in response to your request for our opinion regarding the ability of property owners in the Twilight Acres developments to petition against the improvement projects that are being contemplated for this area. Section 8.04 of the City Charter sets out the petitioning procedure. This section provides that all local improvements to be paid for by special assessments are instituted either by (a) petition of at least 25% of the benefited properties; or (b) a resolution adopted by 4/5 affirmative vote of the Council. The Charter then provides that the City must adopt a resolution stating the nature and scope of the proposed improvements including the number of benefited property owners and shall provide a means to obtain cost estimates which shall set forth the costs of the improvements both in unit prices and in total thereof. This is the resolution the City adopts asking the engineer to prepare a feasibility report. The Charter further goes on to state that upon receipt of such estimate the Council shall set by resolution a date for a public hearing. Notice of the public hearing including the estimated unit price and estimated total price thereof shall be mailed to each benefited property owner at least two weeks prior to the date of the hearing. Failure to give mailed notice, or any defects in the notice shall not invalidate the proceedings. The City Council began the local improvement process for the Twilight Acres subdivisions, received the feasibility report from the City Engineer and held a public hearing on November 22, 1999. The Charter further states that at the hearing the Council shall present an assessment formula and an analysis of the assessment income expected to offset the proposed improvement. This information was provided at this public hearing by City Engineer John Powell. The Charter provides that the