02/27/1989 Council Minutes (2) - Laserfiche WebLink

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236 COUNCIL MEETING FEBRUARY 27, 1989 Mr. Kennedy noted that statute No. 429 is virtually used throughout the state of Minnesota. There is plenty of opportunity for the citizens to be heard. Mr. Reinert asked why this has not be4.n communicated? Mr. Bisel noted that this Council has been very accomodating in allowing residents to petition out of an improvement. Mayor Benson noted that this could change with a new Council. Mr. Bisel said the people elect the Council and the Council has the obligation to hear the people. Mr. Hanson explained that with statute No. 429 the people will no longer have the opportunity to petition and the Council will have the control over whether an improvement goes forward or not. However, Mr. Bisel felt the people were expressing themselves through the Council members that they have elected. Mr. Kennedy noted that the ordinance before the Council this evening required an unanimous vote of the Council. He also noted that even if the Council voted unanimously, the Charter allows for ,a procedure where voters can petition for an election on the ordinance. Mr. Bisel asked if the Charter could stop a business, such as Gateway, from coming into the City. Mr. Hawkins said yes if in order to serve Gateway the people between Gateway and the current utility service petition out of the improvement bringing utilities to the Gateway site. Mr. Reinert explained that this Council has sat here in the past and listened to an improvement proposal where there were few problems and little or no objections because of the open forum followed by the Council. He noted that he probably is not opposed to what is being proposed however, this City has to communicate and remove the fear that problems such as occurred about six years ago will not occur again. Mr. Bisel noted that this Council has hired a consultant and should listen to his recommendations. Mr. Hanson said the people do not want something rammed down their throats. Mr. Bisel asked if a sentence is placed in statute 429 saying that the people can elect out of an improvement which is the present policy would this give the people enough voice? Mr. Kennedy explained that this could be included along with the statement that when the resident decided to hook up they would be charged connection charges equal to what the assessment would be at the time they connect. This may not cause a problem with sewer and water improvements, however, if there were a proposed street improvement some residents would elect to petition out of the improvement although they will still receive direct benefit. Mr. Reinert noted that the City already has a policy that with such improvements, the citizens cannot petition out. The Main Street i.mprovemer would be one such example.