Agenda Packets - 1995/05/01 - Laserfiche WebLink

Home Browse Search

conform to the ordinances. A charter city may generally proceed either under Minnesota Statutes, Chapter 429 or under the provisions of city charter. See Minnesota Statutes, § 429.021, subd. 3. Section 429.021, subd. 3 authorizes cities to proceed under charter provided that certain specified statutory procedures are followed. However, when following the provisions of a charter, not all of the statutory procedures need be followed by the city. Therefore, it would be d,) more accurate if the last sentence in paragraph 1 were changed to readHowever, the city must still follow those statutory procedures which are specified in Minnesota Statutes, § 429.021, subd. 3." Section I, D, 2 provides that the city council may decide by simple majority on an improvement after receiving a petition for said improvement from the owners of not less than twenty-five percent (25%) of the properties abutting on the streets named in the petition as the location of the improvement. This provision differs so e hat from city-charter section 8.04 which provides that the petition must be signed by at leas5o in number of the benefited property owners. I would recommend that the policy be changed to conform with the language of the charter. The second to the last sentence of the same paragraph deals with assessments which are 100% petitioned. It provides that "it is advisable to conduct public hearings on the improvement to avoid misunderstanding and to inform the general public." However, section 2.02.07, subd. 8 requires a public l! aring in such cases. Therefore, I would recommend that this sentence be amended to rea 'iowever, as required by the city code, a public hearing shall be conducted on such improvements prior to adoption of a resolution ordering the improvement." The last sentence of the same paragraph provides "Proper waiver of assessments and/or agreements should be obtained from each property owner affected by the improvement." If the city were proceeding under the statutes rather than under the charter, it would be possible for the city to proceed without a public hearing in cases where 100% of the affected property owners petitioned for the improvement and for 100% of the cost to be assessed against their properties. However, the ordinance requires a hearing in all such cases. Therefore, the owners would not be waiving their rights to notice and hearing in such cases. From time to time, we have required property owners in such cases to contractually agree to special assessments in a specified amount and to waive their rights to appeal such assessments. I assume that it is this kind of agreement which is being discussed in the above quotgd .sentence. To make this more clear, I would recommend that the sentence be amended to renthe city council may decide not to proceed with an assessment unless it receives an agreement, signed by all affected property owners, agreeing to the amount of proposed assessments and waiving their rights to appeal such assessments." I In the middle of the following paragraph, the following language appears: "However, a developer's agreement, including a valid and enforceable waiver of assessments if appropriate, shall be negotiated and executed prior to said authorization." However, a developer would not be waiving assessments, as such, but would rather be waiving its rights to appeal the levy of special assessments. Therefore, I would recommend that the word "Assessments" in this sentence be amended to "its right to appeal the levy of special assessments." I would recommend that the following paragraph be added after the first full paragraph in section II, before paragraph a.: CLL85803 'Z MU125-19