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086 <br />COUNCIL MEETING APRIL 24, 1989 <br />opinions on their viability from firms such as Mr. <br />Kennedy's. <br />Mr. Kennedy stated that he has met and \explained this <br />increasingly difficult situation with the Charter Commission. <br />The Charter Commission voted 11 to 1 to change the Charter to <br />adopt State Statue Chapter 429 governing improvement projects <br />with provisions that will safeguard individuals from unwanted <br />improvements and assessments. Chapter 429 is presently used <br />by all but a handfull of communities in the State of <br />Minnesota. The safeguard provisions will allow an individual <br />to petition out of a project. Mr. Kennedy went on to explain <br />in greater detail the rights of individuals as follows: <br />after a project has been petitioned for, the individual has <br />45 days to petition the City Council to have his /her property <br />taken out of the project. The Council would then be unable <br />to assess the property. If enough of the individual land <br />owners petition out of the project, and the project becomes <br />economically unfeasible then the whole project will stopped. <br />While this process may still cause some difficulties to the <br />City, it is a good compromise that Mr. Kennedy stated he <br />could live with. <br />City Attorney, Bill Hawkins reiterated Mr. Kennedy's remarks <br />by stating that if you sign a petition, you cannot be <br />assessed. You (resident) control whether or not you are in <br />or out. <br />City Planner, John Miller then presented a real world <br />scenario illustrating just how an individual could petition <br />out of a project, even if a landowner with a larger parcel of <br />property requested utilities and they went passed the <br />individuals property. Mr. Miller outlined the 2 safeguards <br />mentioned by Mr. Kennedy earlier: one, you can't be <br />assessed if you petition out of a project, and two, if enough <br />individuals petition out, it may not be economically feasible <br />and the project would die an "economic death ". <br />Mr. Hawkins explained to the audience in what form the <br />Charter presently exists. <br />Mr. John Juleen of 7109 Lakeview asked why they have not <br />heard of any problems thus far. Mr. Kennedy replied that to <br />this point, all projects have been 100% petitioned. Mr. <br />Juleen then asked what would prevent the Council from making <br />him hook up at a later date. Mayor Benson replied that we do <br />not even have the hook —ups from the Metropolitan Council to <br />go into his area. <br />Mr. Randy Zuleger of 7116 Rice Lake Lane asked what about the <br />curb and gutter etc... that goes along with the assessments <br />for sewer and — water. Mr. Hawkins again reiterated that once <br />you have petitioned out of a project you can not be assessed <br />