HomeMy WebLinkAbout10-10-2012 UpdateCHAPTER 8
(Draft Version dated Oct 10, 2012)
PUBLIC IMPROVEMENTS AND DEDICATED REVENUEASSESSMENTS
Section 8.01. Power to Make Improvements and Levy Assessments collect Dedicated Revenue . The
City may make any type of pPublic iImprovement not forbidden by law and levy and assesscollect
dDedicated rRevenue special assessments to pay all or any part of the cost of such improvements as are
of a lLocal cCharacter. The total assessments collection of Dedicated Revenue for any lLocal
iImprovement may not exceed the cost of the improvement, including all costs and expenses connected
therewith, with interest. No assessment collection of Dedicated Revenue shall exceed the benefits to
the property. This Chapter does not apply to p P ublic i I mprovements funded only with general
funds or bonding . All pPublic iImprovements which may levy and collect Dedicated Revenue for any
portion or act to complete the improvement shall exclusively be controlled by this Chapter and the
Charter, as a whole, as allowed under MN Statute 429.111, as amended.
8.02 Definitions –Application. For the purpose of this chapter, the terms defined in this section, shall
have the meanings ascribed to them.
Assessment District: The collection of all benefited properties, which shall be specifically
identified in the Notice of Hearing for a proposed Local Improvement Plan and published in the
official newspaper. Upon Council approval of the Local Improvement Resolution, the collection of
all benefited properties specifically identified by County Property Record number in the Resolution
and notice sent to the property owner of record prior to the Council action to approve the
Resolution.
Assessment Procedure: as described in MN Statute 429.061, as amended, shall apply to this
chapterLocal Improvement.
Benefited Property: The property or properties which will be improved or maintained as a result of
the improvement being completed. (The benefit to the property shall be identified as a dollar value
to the property owner by the City to the property owner when proposing the improvement. The
identified benefit shall not require any type of certification or verification by a third party. The
identified benefit may be nullified as a result of a properly filed petition using the Petition Process
by the properties for the proposed Assessment District, or individually modified by the Council as
a result of an oral request of the property owner directly to the City Council at a City Council
meeting. Nothing in this definition will preclude a property owner from their rights under MN
Statute 429.081 to appeal an assessment to the District Court. this section to be moved to process
area of chapter.)
City Services: Include those services sited under MN Statutes Chapter 471 (Municipal Powers), as
amended, in exchange for the taxes and fees citizens or residents pay. Basic city services may
include, but are not limited to, sanitation (both sewer and refuse), water, streets, inspections, public
safety (fire department, police, ambulance) snowplowing, and other health department issues. City
Services may be delivered directly by a City department, employee, City approved volunteer,
authorized and appointed commission, elected official, or be sub-contracted to a third party.
Dedicated Revenue: Funds, fees, or taxes assessed collected for a specific public improvement or
purpose from businesses, citizens and residents of the City.
Local Improvement: A Ppublic Iimprovement done by sSpecial aAssessment under the authority
of MN Statute 429.021, as amended, or by other Dedicated Revenue.
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Local Character: (Provide a high priority to maintain to be moved to process section) The
predominate appearance and use of an area.
Public Improvement: Work done that increases value, brings into a more valuable or desirable
condition, or betterment of property, or right-of-way owned by the City, County or State.
Public Improvement Project: A City Service project comprised of one or more public
improvement(s) defined or completed by segments or steps that span multiple years, approved
through a single resolution.(; which shall define or describe all improvements to be done for the
total project to be completed, its steps or segments, the set of engineering standards to be applied,
the benefit to properties involved, the local character to be maintained or modified, the
assessment process(es) and(or) the financing method(s) which will be used to pay for the project.
A Public Improvement Project, whether financed with assessments or not, shall have both a
public hearing and a public comment period of not less than sixty calendar days. A Public
Improvement Project or Resolution shall not prevent each annual segment from the citizen's
right to petition the engineering standards or the financing method being applied to work
scheduled for that calendar year, to be moved to process section.)
Requirements: A Public Improvement Project will be approved by resolution on a per build-out,
per segment process.
Service, (conflicts as used in current section 8.05):
Special Assessment: Any assessment made to an individual property or collection of properties,
which abut or is identified as being improved by, or maintained by, a result of the lLocal or pPublic
iImprovement being completed. The Assessment will follow the process as stated in MN Statute
429.061, as amended, and be controlled by MN Statute 429.051, as amended.
Section 8.03. Local Improvement Ordinances and Regulations. Within 90 days after this Charter goes
into effect, the Council shall enact suitable ordinance(s) governing lLocal iImprovements and sSpecial
aAssessments. The ordinance(s) shall provide a complete working code covering the determination of
assessments and aAssessment Districts, public hearings, appeals from a collection of assessments,
penalties for delinquency in making payments, financing of said assessments, and the certifying of
unpaid assessments for collection by the proper county officer. Said ordinance(s) shall also provide for
installment payments and notices to be given thereof, appellate procedure, reassessment, if necessary,
and all other matters appropriate to the subject of lLocal iImprovements and assessments. After the
adoption of such ordinance(s) providing for lLocal iImprovements, all procedures in compliance
therewith shall conform to the regulations as set forth in such ordinance(s) and as otherwise contained
in this Charter.
Section 8.04. Procedure.
Subdivision 1. All improvements to be paid for by special assessments Dedicated Revenue against the
benefited property shall be instituted by either:,
1 the petition of at least twenty-five percent in number of the benefited property owners together with a
resolution adopted by an affirmative vote of the majority of all of the Council, or,
2 a resolution adopted by a four-fifths affirmative vote of all of the Council.
The Council resolution shall:
1 state the nature and scope of the proposed improvement,
2 and shall provide means to obtain a cost estimate which shall set forth the cost of the improvement
both in unit price and in total thereof.
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2.1 Upon receipt of such estimate, the Council shall by resolution set a date for a public
hearing on the proposed improvement, setting forth therein the time, place and purpose of such
hearing.
2.1.1 Such resolution shall be described in the City Newsletter
2.1.2 and published twice at least one week apart in the official newspaper of the City no
less than two weeks prior to the date of said hearing,
2.1.3 and in addition thereto, a copy of such resolution including estimated unit prices and
estimated total price thereof shall be mailed to each benefited property owner at owner's last
known address at least two weeks prior to the date of said hearing. Failure to give mailed
notice, or any defects in the notice, shall not invalidate the proceedings.
2.1.4 At such hearing the City Council shall receive any written and oral statements, and
hear any petitioners for or against the proposed improvement.
2.2 A period of sixty days shall elapse after the public hearing before any further action shall
be taken by the Council on the proposed improvement.
2.2.1 If within such sixty day period, a petition against such improvement be filed with the
Council,
2.2.1.1 signed by a majority of the owners proposed to be assessed for the improvement,
2.2.1.2 or, when the improvement has been petitioned for, signed by a number of the
owners proposed to be assessed for such improvement at least equal to the number of those
who petitioned for the improvement,
2.2.1.3 the Council shall not make such improvement at the expense of the property
benefited,
2.2.2 unless, in the meantime, there be filed with the Council a petition asking that the
improvement be made,
2.2.2.1 signed by property owners proposed to be assessed for such improvement at least
equal in number to those who signed the petition against the improvement;
2.2.2.2 in which event the Council may disregard the petition against the improvement.
2.2.3 Any person whose name appears on a petition to the Council for a lLocal
iImprovement, or on a petition to the Council against a lLocal iImprovement, may withdraw
their name by a statement in writing filed with the Council before such petition is presented to
the Council.
Subdivision 2. Regardless of the provisions in Subdivision 1, wWhen less than 100 percent of the
estimated cost of a proposed lLocal iImprovement is to be paid for by special assessmentDedicated Revenue,
regardless of the provisions in Subdivision 1, if within the sixty day period after a public hearing has been
held on the proposed improvement, a petition may be filed with the Council, signed by a majority of the
number of electors who voted for Mayor in the last regular municipal election, protesting against either the
improvement, or the assessment formula, or both. In this event, the Council shall not proceed with the
improvement, as proposed.
Subdivision 3. When a proposed improvement is allowed under the foregoing subdivisions the Council
may proceed at anytime between sixty days and one year after the public hearing on the improvement.
However, no contract shall be let in the event that the current proposed contract exceeds the estimated cost
by more than ten percent.
Subdivision 4. When a proposed improvement is disallowed under the foregoing subdivisions, the Council
shall not vote on the same improvement within a period of one year after the public hearing on said
improvement.
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