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02/04/2008 Council Packet
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02/04/2008 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
02/04/2008
Council Meeting Type
Work Session Regular
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• <br />• <br />Section 8.04. How to Initiate Public Improvements for Which Special Assessments may be <br />Imposed. <br />Subdivision 1. Policy. The City desires to protect existing residents and businesses from having <br />to pay special assessments for public improvements they do not want. Therefore, the process for <br />initiating public improvements is restrictive. <br />Subd. 2. Three ways to initiate public improvements. Special assessments may not be imposed <br />for public improvements unless the public improvements are initiated in one of the ways <br />described in subdivisions 3, 4, and 5 below. <br />Subd. 3. Petition signed by 100 %. The owners of 100% of the property proposed to be specially <br />assessed for public improvements may present a petition to the City Council. The petition shall <br />generally describe the public improvements to be studied, and specifically identify the property <br />proposed to be specially assessed. The petition must be accompanied by an agreement that these <br />owners agree to pay 100% of the cost of the public improvements. Upon receipt of such a <br />petition and agreement, the City Council may adopt a resolution to initiate these public <br />improvements by a simple majority vote. These public improvements need not comply with <br />Section 8.01, Subd. 2 above. Aside from the requirements of this subdivision, state law shall <br />govern these public improvements. <br />Subd. 4. Petition signed by 25% or more. The owners of more than 25 %, but less than 100 %, of <br />the property proposed to be specially assessed for the public improvements may present a <br />petition to the City Council. The petition shall generally describe the public improvements to be <br />studied, and specifically identify the property proposed to be specially assessed. The City <br />Council may adopt a resolution ordering a feasibility study for these public improvements by a <br />majority vote of all members of the City Council. In determining whether sufficient signatures <br />are present on the petition, the following four rules shall be followed: <br />(1) The signers must own at least 25% of the total number of lots proposed to be specially <br />assessed. For unplatted property, each existing parcel of land shall be considered one lot. <br />The owner of a small lot gets one vote, the same as the owner of a large lot. <br />(2) If more than one person owns a particular lot, only one signature will be counted for <br />that lot. <br />(3) If more than one lot is owned by a person, that person's signature will be counted only <br />once. <br />(4) If multiple owners of a lot also own an additional lot or lots, only one signature will <br />be counted for all the owners and all their lots. This is intended to keep any one owner <br />from dominating the process. <br />-2- <br />
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