08-04-14 Council Packet - Laserfiche WebLink

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assessments are not subject to charter provisions and follow state law. 2. Section 8.01, Subd. 3 states that the amount of special assessments shall not exceed the cost of the local improvement and shall not exceed the benefit to the property. 3. Section 8.02, Subd. 1 specifies that local improvements will follow state requirements except as specified in this charter section. Procedural steps following state law include but are not limited to the following: • Initiation of the improvement by either petition or city council • Preparation of a report on improvements (feasibility study) • Calling for a public hearing • Published and mailed notice of the public hearing • Public hearing on improvements. 4. Section 8.02, Subd. 2 allows for a written objection to the improvements from 50% of the abutting property owners to be filed with the city prior to or at the improvement hearing. If no objection is received, the council may order the project as specified under state requirements. If an objection is received the council shall call a special meeting (2nd public hearing) to be held at least 45 days after the improvement hearing. 5. Section 8.02, Subd. 3 allows the city council to order the improvement following the special meeting (2nd public hearing), but requires the effective date of the resolution to be at least 30 days after adoption. In such case, the City is required to mail a summary of the resolution to affected owners within 5 days of adoption. Prior to the effective date of the resolution, if 50% of the affected property owners sign written objections to the resolution then the resolution does not become effective and the improvement is not ordered. 6. Section 8.02, Subd. 5 provides that if any portion of the project is to be paid from property taxes, registered voters may file a petition requesting a vote on the improvement. Such petition must be received within 45 days of ordering the improvement and be signed by registered voters equal to at least 5 percent of the votes cast in the last general municipal election. Based on 2013 election this number would be approximately 79 signatures. In such case, the city may only proceed after obtaining approval of a majority of the voters voting on the question. 7. Section 8.02, Subd. 6 states that in the event the ballot question fails, the requirements of Minnesota Statutes, section 475.58 will apply. These requirements stipulate that the same ballot measure cannot be resubmitted to the voters within a period of 180 days. If it fails a second time, it may not be resubmitted within a period of one year. 8. The ordinance retains the existing provisions of Section 8.07 of the Charter regarding the exempt zones. Amendment Option 2 (Ordinance 04 -14)