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v`:• tf, • „:;.z;HVtJI <br />KENNEDY & GRAVEN <br />CHARTERED <br />Aitorney. •L La <br />ROsex7 A. AL3or <br />RONALD H. BATTY <br />STEPHEN J. BUBUL <br />JOHN B. DEAN <br />MARY C. DOBeiNS <br />CORRINE A., HELNL: <br />DAvm J. KINNEDY <br />crimp= L. LEFEvEte <br />JOHN M. LF:Fev0E. J. <br />ROBERT J. LINDALL <br />Houma C. LONo <br />JAM ES M. STROMMEN <br />June 21, 1995 <br />Michael Ulrich <br />Public Works Director <br />City of Mounds View <br />2466 Bronson Drive <br />Mounds View, MN 55112 <br />470 Pillsbury Center, Minneapolis, Minnesota 55402 <br />(612) 337-0300 <br />Fealtnlit (612)3374310 <br />WRITERS DERECT DIAL <br />337-9209 <br />VIA RAPIFAX AND MAIL <br />RE: Special Assessment Policy <br />Dear Mike: <br />JAAtr.0 I. THowori. JL <br />LARRY M. Warning <br />BONNIE L. WILKINS <br />JOE Y. YANO <br />Davit!) L. GitAveN (192,49,1) <br />OF COUNSEL <br />ROBERT C. CAmisoN <br />Ro0E1IT L. DAVIDSON <br />WELLINGTON H. LAW <br />T. JAY SALMT'N <br />Following the last city council meeting, I have reviewed the special assessment <br />policy. I recommend that the following modifications be made: <br />1. In paragraph I .D .2. , which deals with petitions initiated by property owners, <br />delete the sentence "In the latter case, the City Council may, without a public <br />hearing, adopt a resolution determining such fact and ordering the <br />improvement." This sentence should have been deleted when the sentence <br />following it was added. That sentence requires a public hearing to be <br />conducted on all assessments where a public improvement project has been <br />initiated by petition of the homeowner. <br />2. Paragraph I .D .3 deals with developer requests. The city code does not <br />address the issue of whether public hearings are required in such a situation. <br />The policy, as currently drafted, states that the city may, without a public <br />hearing, adopt a resolution ordering the improvement when it is petitioned by <br />a developer in the entire cost of the improvement is to be assessed against the <br />developer's property. To be consistent, I think that it is best to require a <br />public hearing in such a case. Consequently, I recommend that the following <br />sentence be deleted: "In such event, the City may, without a public hearing, <br />adopt a resolution determining such fact and ordering the improvement." <br />A question came up at the council meeting regarding the relationship between <br />Minnesota Statutes , Section 429.111 and Minnesota Statutes, Section 429.021, subd. <br />3. Section 429.111 states that any city operating under a charter may proceed. either <br />under the state statute or under its charter in making improvements "unless a home <br />rule charter or amendment adopted after April 17, 1953 provides for making such <br />improvements under this chapter or under the charter exclusively." Section 8.02 <br />J3T901t1 <br />HUT 25 - <br />