03-03-14 Council Packet - Laserfiche WebLink

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Section 8.02, Subdivision 2 would provide for the notice of hearing to include an estimate of the proposed assessment for each parcel proposed to be assessed. Section 8.02, Subdivision 3, generally follows the existing charter language regarding the 60 day petitioning process with the exception of the procedural requirements that would now follow the provisions of state law. Section 8.02, Subdivision 4, generally follows the charter requirement that an election be held if ad valorem taxes (property taxes) are proposed to be used. Section 8.02, Subdivision 5, is a new section specifically relating to Street reconstruction and bituminous overlays. This section would allow for the City to proceed without election on projects that meet the requirements of Minnesota Statutes, Chapter 475. These requirements include: a) Preparation of a 5 year street reconstruction plan b) Public hearing c) Unanimous vote of the City Council d) 30 day period for petition to hold an election. Petition must be signed by voters equal to 5% of the votes cast in the last municipal general election. e) If no petition is received the city may issue bonds without election. Section 8.02, Subdivision 6, generally follows state law provisions for ordering a project but incorporates the charter language to address the allowable timeline for doing so. Section 8.02, Subdivision 7, provides requirements in the event that the project is not allowed in accordance with state law provisions. In this case the question cannot be resubmitted to the voters for a period of 180 days (6 months). If it fails again it cannot be submitted for a period of 1 year. The current charter does not allow the City Council to take any action of a proposed project for one year if defeated. Section 8.02, Subdivision 8, allows for projects that are petitioned for by 100% of property owners, paying 100% of costs to be ordered immediately by council. The current charter requires the public hearing to be held and requires owners to supply a separate petition to waive 50 of the 60 day petition period. The balance of the amendment renumbers existing sections. Staff is still working with the City Attorney to review the proposed amendments. Additional changes may be necessary upon completion of that review. Amendment by ordinance would require council approval of the 1st reading by March of 2014. The Charter Commission would have up to 150 days to review. The amendment would then be sent to the voters for consideration in the November election. If approved and depending on the scope of the amendment the public improvement process would likely start in 2015 with construction taking place in 2016.