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Subdivision 1. Initiation of Improvement. All improvements <br /> to be paid for by special assessments, in whole or in part, against <br /> benefitted properties may be initiated by either: <br /> (1) the petition of at least a majority of the benefitted <br /> property owners together with a resolution adopted by a three- <br /> fifths affirmative vote of the Council; or, <br /> (2) a resolution adopted by a four-fifths affirmative vote of <br /> the Council. The Council resolution must state the nature and <br /> scope of the proposed improvement. <br /> Subdivision 2 . Public Notice. Upon receipt of cost <br /> estimates, the Council must by resolution set a date, time and <br /> place for a public hearing on the proposed improvement. The <br /> hearing must follow a publication in the City newsletter and two <br /> publications in the official newspaper of a notice stating the <br /> date, time and place of the hearing, the general nature of the <br /> improvement, the estimated unit and total costs, and the area <br /> proposed to be assessed. The two publications in the official <br /> newspaper must be a week apart and the hearing must be at least <br /> three days after the last publication. <br /> Subdivision 3 . Notice to Property Owners. At least two <br /> weeks prior to the public hearing, notice of the hearing as <br /> described in Subdivision 2 must also be mailed to the owner of each <br /> property within the area proposed to be assessed. Failure to give <br /> mailed notice, or any defects in the notice, will not invalidate <br /> the proceedings. <br /> Subdivision 4 . Public Hearing. At the public hearing the <br /> City Council receives any written or oral statements, and hears any <br /> petitioners for or against the proposed improvement. A period of <br /> sixty days must elapse after the public hearing before any further <br /> action may be taken by the Council on the proposed improvement. <br /> However, prior to and following the public hearing, the Council may <br /> initiate the preparation of plans and specifications and the <br /> advertisement for bids on the improvement, in addition to other <br /> actions which in its judgement may provide helpful information in <br /> determining the desirability and feasibility of the improvement. <br /> Subdivision 5. - Public Hearing Waived. Whenever all owners of <br /> benefitted properties petition the council for an improvement where <br /> the cost is to be assessed against their properties, the Council <br /> may adopt a resolution determining such fact and order the <br /> assessment without a public hearing. <br /> Subdivision 6. Withdrawal Rights. Any person whose name <br /> appears on a petition to the Council either for or against a local <br /> improvement may withdraw their name by a statement in writing filed <br /> with the Council before such petition is presented to the council. <br /> Section 8 . 05 Council Action. <br /> Subdivision 1. The approval of at least sixty percent of <br /> benefitted property owners together with a resolution adopted by a <br /> four-fifths affirmative vote of the council are required to act on <br /> [95-1] 15 <br />