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HomeMy WebLinkAbout12-12-2012 UpdateCHAPTER 8 (Draft Version dated December 12, 2012) PUBLIC IMPROVEMENTS AND DEDICATED REVENUE SPECIAL ASSESSMENTS Section 8.01. Power to Make Improvements and Levy Assessments collect Dedicated Revenue . The City may make any type of public improvement not forbidden by law and levy and assess Dedicated Revenue special assessments to pay all or any part of the cost of such improvements as are of a local character. 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 or collection of Dedicated Revenue shall exceed the benefits to the property. This Chapter does not apply to Ppublic Iimprovements funded from the General Fundonly with general funds or bonding. All Public Improvements which may levy and collect Dedicated Revenue for any portion or act to complete the improvement shall exclusively be processes under the controlled of 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 Local 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 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 cited 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 for a specific Public Improvement or purpose from businesses, citizens and residents of the City. This includes Special Assessments. Local Improvement: A Public Improvement done by special assessment under the authority of MN Statute 429.021, as amended, or by other Dedicated Revenue. 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, which the City intends to capitalize and is greater than $100K when completed 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 levied 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 local or public improvement 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 assessment 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 for Special Assessments. Subdivision 1. All improvements to be paid for by special assessments Dedicated Revenue against the benefited property shall be instituted by either:,  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,  a resolution adopted by a four-fifths affirmative vote of all of the Council. The Council resolution shall:  state the nature and scope of the proposed improvement,  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. 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, 1 signed by a majority of the owners proposed to be assessed for the improvement, 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, 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, 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 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 assessment 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. Section 8.05. Procedure for Public Improvements funded by Dedicated Revenue.