08/14/2000 Council Packet - Laserfiche WebLink

Home Search

Duke - Need your help again! The Lino Lakes City Council has asked for a Charter Commission opinion regarding Section 8 of the City Charter. During a public hearing on assessment rolls there was confusion about the period of time during which property owners can petition out of the process. Speakers at the public hearing questioned whether the sixty day period for petitioning out of the project could have begun last November or even this June, before council had received all the information needed to make a decision, i.e. the estimated costs and the appraisals of affected properties. The following is my opinion, please respond back as to your belief of its accuracy. Section 8.04 provides a step by step process which needs to followed. The first step is that the Council adopts a resolution to provide means to obtain a cost estimate. Once the estimate is received, the Council sets the public hearing date. After the public hearing has concluded, a period of sixty days shall elapse before any action can be taken. If during the sixty day period a majority petition is received against the improvement (as is the case in this proposed situation), the council shall not be able to make the improvement at the expense of the property owner. The question here is whether the petitioning could have started early (prior to cost estimates and the public hearing). I believe the answer is no. I think that as the Charter is a legal document, actions must be followed step by step. In this case, a petition received last November or this June is before the public hearing. I believe that once the Public Hearing date is set, it "starts the clock" on the process. The process allows for submission of a petition during the sixty period, not before. Additionally, I would be surprised if a citizen would submit a petition either for or against the improvement without knowing the cost estimate. I would appreciate you opinion back! As always, thanks for your assistance. John Sullivan Charter Commission Chair (651) 784 -3511 John, I agree with you. The 60 day period during which a petition may be received starts after the public hearing. Does your city attorney agree? The city attorney would be the one to advise the council on this matter. Duke •d 7n77_O7o,rco� LIfl 1 TUW D7no em1.:Rn nn 7n °gnu