08-04-14 Council Packet - Laserfiche WebLink

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Amendment Option 2 provides a different alternative than what was previously considered. The proposed amendment carries forward much of the existing charter process, incorporates components of the 2012 amendment providing consistency with existing state law and provides a specific exemption from election requirements of the charter for street reconstruction projects. 1. Section 8.01, Subd. 1 same as amendment option 1. 2. Section 8.01, Subd. 3 same as amendment option 1. 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. This is the same as option 1. 4. Section 8.02, Subdivision 2 requires that the notice of hearing include an estimate of the proposed assessment for each parcel proposed to be assessed. This is consistent with a current charter provision. 5. 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. 6. 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. 7. 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) The city prepares a 5 year street reconstruction plan b) A public hearing is held on the street reconstruction plan c) The plan is approved by unanimous vote of the City Council d) 30 day period for petition to hold an election following public hearing. 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.