HomeMy WebLinkAbout12-12-2013 Chapter 8 Mark UpCHAPTER 8
(Draft Version dated December 12, 2013)
PUBLIC IMPROVEMENTS AND ASSESSMENTSSPECIAL
Section 8.01. Power to Make Improvements and Levy Assessments .
The City may make any type of pPublic iImprovement not forbidden by MN Statutes or this Charterlaw
and levy special assessments to pay all or any part of the cost of such improvements as are of a local
character. The total assessments for any local improvement may not exceed the cost of the improvement,
including all costs and expenses connected therewith, with interest. No assessment shall exceed the
benefits to the property.
All Public Improvements which may levy and collect assessments or fees for any portion of, or act to
complete, the improvement shall exclusively be processes under the control of this Chapter and the
Charter, as a whole.
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 Neighborhood Character: (Provide a high priority to maintain to be moved to process
section)The predominate appearance and use of an area. The Neighborhood Character is a about
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how a neighborhood looks and feels. Many things, such as a single building, can have its own
character, but a neighborhood character is the composition of many buildings, streets, parks,
plazas, trees, gardens, views, etc. Essentially anything in the local built or natural environments. It
can be anchored by an architectural style, or it can be anchored by a feature in the landscape.
Character is usually the first thing that visitors notice in a community and one of the first things
that residents of that community will embrace.
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.
Resolution for a Local or Public Improvement: A resolution, in the proper form, which is for a
Public Improvement Project and 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 Resolution
for 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 Resolution for multiple years of construction, not in the same geographic location, shall not
prevent review and petition, of each annual segment, from the citizen's right to petition the
engineering standards or the financing method being applied to the work scheduled for that
calendar year.
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
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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 Local Improvements funded by Special Assessments.
The Council may levy Special Assessments to pay all or any part of the cost of such improvements,
, as allowed under MN Statute 429.111, as amended. The total assessments for any Public Improvement
may not exceed the cost of the improvement, including all costs and expenses, with interest. No individual
property assessment shall exceed the benefits to the property.
This section prescribes the procedures that shall be followed and applied when Special
Assessments will be used for any or all of the financing of any and all Local Improvement in the City of
Mounds View.
Subdivision 1. Local Improvements with Special Assessment Financing
A. Initiation: All improvements to be paid for by special assessments against the benefited property(s)
shall be institutedinitiated by one of he following: either a.) : the a petition (see “8.04 Sub1,B”
below) of at least twenty-five percent in number of the benefited property owners together with a
resolution adopted by an affirmative vote of the three of the five majority of all members of the
Council, or;,
b.) a resolution adopted by a four-fifths affirmative vote of all of four of the five members of the
Council.
B. Qualified Petition and Petitioner.
1. Petitions from citizens regarding a proposed Local Improvement project must meet certain
criteria. Any petition failing to meet these criteria will receive no consideration by City.:
First, the Public Improvement petition must be for and include on the petition cover page a
specific proposal for: a defined geographic area, a specific real property impact, a quantifiable
benefit to the City and properties affected, and proposed a a means of financing which would result
in the City capitalizing the improvement.
Second, the petition must be of interest to and impact more than a single property, if proposed
by citizens, and cause the City to capitalize the financing of the improvement.
Third, the petition may not request any action which would be a violation of MN Statutes or
local ordinances.
Fourth, the completed petition consists of one or more pages, gathered together and numbered
as a whole into a single document. Each signature page will contain the title of the proposal, the
geographic scope, the general change, the proposed financing method and costs to individual
property owners, the sponsors name, the dated signature and printed name and address of those
signing.
Fifth, the completed petition will be submitted for qualification review to the City
Administrator, or Assistant City Administrator, no later than 180 days from the date of the first
signature on the signature pages.
Sample petition will be made up by City Staff and available for any property owner or citizen
interested in sponsoring a petition.
Any petition failing to meet these criteria will receive no consideration by City.
2. Petitioners are :
Any person whose name is listed as owner of the property with the Ramsey County Property
Records Office is to be recognized by the City as the property owner.
Any person who is the owner of a benefited property in a proposed Local Improvement, is a
qualified person to propose, circulate, and sign a petition.
Any person whose name appears on a petition to the Council may withdraw their name by a
statement in writing filed with the Council before such petition is presented to the Council.
3. Petitions must be submitted and conducted by a benefited property owner(s). A qualified petition
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will have the signatures of at minimum least twenty-five percent of the benefited property owners in
the proposed Local Improvement area. City Staff shall provide any benefited property owner the
complete list of names of property owners for a proposed Local Improvement area.
4. City Staff shall qualify petition based on items 8.04.Subd B:Ph1,2, and 3 previous. City Staff
shall report receipt of all petitions for Local Improvements. The report shall and include the
primary petitioner, the proposed improvement and whether the petition was qualified or not for
Council consideration.
C. Council Resolution – for both a) and b) above
City Staff will present all properly qualified petitions in the form of a resolution to the Council
within 60 calendar days of receipt of the petition by the City Administrator or Assistant City
Administrator. For all Local Improvement proposals the The Council resolution shall state the
purpose and scope of the proposed improvement, the benefited properties, and the estimated
average Special Assessment amount to be assigned per benefited property. The Council shall direct
staffCity Staff to shall establish a list of the benefited addresses and property owners and a cost
estimate both in common unit price and in total proposed project.
D. Public Hearing and Notice
Upon receipt of a qualified Local or Public Improvement Resolution such estimate, the Council shall
by resolution set a date for a public hearing on the proposed improvement. The resolution will ,
setting forth therein the time, place and purpose of the publicsuch hearing
1. The Such resolution shall be published described in the City Newsletter and published twice
and at least one week apart in the official newspaper of the City no less than two weeks prior to
the date of stated said hearing. nd in addition thereto, a, aA copy of the 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
statedsaid hearing. Failure to give mailed notice, or any defects in the notice, shall not
invalidate the proceedings.
2. At thesuch proposed improvement hearing the City Council shall receive summarize to those in
attendance the City Staff's any written and oral statements about the purpose of the proposed
improvement and costs per benefited property. The City Council shall , and hear any resident’s
agreement or disagreement with the proposed improvement. The Council or City Staff shall
answer questions presented by the public where feasible or known answers exist. . for or against
the proposed improvementpetitionersThe City Council will accept written petitions if presented
at the meeting.
E. Public Confirmation and Objection Period
1. A period of sixty days shall elapse after the public hearing before any further Council action or
non-City staff expenses shall be expended by the Council taken on the proposed improvement.
If within thissuch sixty day period, a petition signed by a majority of the owners proposed to be
assessed for the improvement is filed against thesuch improvement the Council shall not make
such improvement at the expense of the property benefited, unless in the same sixty day period
a majority of the benefited properties owners file a petition requesting the improvement proceed
as proposed. If the petition requests changesm but is not against the proposed improvement, the
Council and City Staff will review the proposed changes and estimate the total project cost
resulting from the requested changes, as if the alternative was part of the original proposal. The
proposed changes shall not delay or change the sixty day waiting period. hen 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, the
Council shall not make such improvement at the expense of the property benefited, unless, in
the meantime, there be filed with the Council a petition asking that the improvement be made,
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;in which event the Council
may disregard the petition against the improvement. w , or, signed by a majority of the owners
proposed to be assessed for the improvementbe filed with the Council,
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2. At the end of the sixty day period the Council shall pass a resolution:
1. Approving the proposed improvement, as originally proposed, if no properly qualified
petition against it is received,
2. Approve the proposed improvement as modified by a properly qualified petition request, if
a modifying petition request is received and agreeable to the Council, or
3. Shall cancel the proposed improvement if a properly qualified petition against such
proposed improvement is received and no majority signed petition is received requesting the
Council proceed as originally proposed or modified.
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. wRegardless of the provisions in Subdivision 1, When 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. (Brian proposes that this subdivision be withdrawn totally from the
Charter as the condition is addressed in Subdivision 1 above remaining subdivision would be
renumberd).
Subdivision 3. When a proposed improvement is allowed under the foregoing subdivisions the Council
may proceed at any time 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 not funded by Special Assessment
The Council may pay all the cost of Local or Public Improvements without Special Assessment to
the Benefited Property. The Council may utilize fund balances of dedicated funds previously collected for
the purpose of Local or Public improvement, may allocate a combination of dedicated funds with the
General funds to fund the Local or Public improvement, however may not use the General fund for the
Local or Public Improvement if the dedicated fund is not fully utilized before General funds are allocated.
This section prescribes the procedures that shall be followed and applied when Special
Assessments are not used for any of the financing of Local or Public Improvement in the City of Mounds
View.
Subdivision 1. Local Improvements with Dedicated Fund Financing
A. Initiation: All improvements to be paid for by Dedicated fund shall be initiated by one of the
following: a.) a petition (see “8.05 Sub1,B” below) together with a resolution adopted by an
affirmative vote of three of the five members of the Council, or;
b.) a resolution adopted by a affirmative vote of four of the five members of the Council.
B. Qualified Petition and Petitioner.
1. Petitions from citizens regarding a proposed Local Improvement project must meet certain
criteria. Any petition failing to meet these criteria will receive no consideration by City.
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First, the Public Improvement petition must be for and include on the petition cover page a
specific proposal for a defined geographic area, a specific real property impact, a quantifiable
benefit to the City and properties affected, and propose the Dedicated Funds account to be
allocated for the financing.
Second, the petition must be of interest to and impact more than a single property,
Third, the petition may not request any action which would be a violation of MN Statutes or
local ordinances.
Fourth, the completed petition consists of one or more pages, gathered together and numbered
as a whole into a single document. Each signature page will contain the title of the proposal, the
geographic scope, the general change, the proposed financing method and costs to individual
property owners, the sponsors name, the dated signature and printed name and address of those
signing.
Fifth, the completed petition will be submitted for qualification review to the City
Administrator, or Assistant City Administrator, no later than 180 days from the date of the first
signature on the signature pages.
Sample petition will be made up by City Staff and available for any property owner or citizen
interested in sponsoring a petition.
2. Petitioners are:
Any person whose name is listed as owner of the property with the Ramsey County Property
Records Office is to be recognized by the City as the property owner.
Any person who is the owner of a benefited property in a proposed Local Improvement, is a
qualified person to propose, circulate, and sign a petition.
Any person whose name appears on a petition may withdraw their name by a statement in
writing filed with the Council before such petition is presented to the Council.
3. Petitions must be submitted and conducted by a benefited property owner(s).A qualified petition
will have the signatures of at minimum twenty-five percent of the benefited property owners in the
proposed Local Improvement area. City Staff shall provide any benefited property owner the
complete list of names of property owners for a proposed Local Improvement area.
4. City Staff shall qualify petition based on items 8.05.Subd B:Ph 1,2, and 3 previous. City Staff
shall report receipt of all petitions for Local Improvements. The report shall include the primary
petitioner, the proposed improvement and whether the petition was qualified or not for Council
consideration.
C. Council Resolution –
City Staff will present all properly qualified petitions in the form of a resolution to the Council
within 60 calendar days of receipt of the petition by the City Administrator or Assistant City
Administrator. For all Local Improvement proposals the Council resolution shall state the purpose
and scope of the proposed improvement, the benefited properties, and the estimated Dedicated Fund
or General Fund balance to be allocated to the improvement. The City Staff shall establish a list of
the benefited addresses and property owners with an average per property investment amount that is
being proposed along with total proposed project.
D. Public Hearing and Notice
Upon receipt of a qualified Local or Public Improvement Resolution , the Council shall by
resolution set a date for a public hearing on the proposed improvement. The resolution will set the
time, place and purpose of the public hearing
1. The resolution shall be published in the City Newsletter twice and at least one week apart no
less than two weeks prior to the date of stated hearing. A copy of the resolution, including
estimated unit prices and total price, shall be mailed to each benefited property owner, at
owner's last known address, at least two weeks prior to the date of stated hearing. Failure to
give mailed notice, or any defects in the notice, shall not invalidate the proceedings.
2. At the proposed improvement hearing the City Council shall summarize to those in attendance
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the City Staff's written and oral statements about the purpose of the proposed improvement and
costs per benefited property. The City Council shall hear any resident’s agreement or
disagreement with the proposed improvement. The Council or City Staff shall answer
questions presented by the public where feasible or known answers exist. The City Council will
accept written petitions if presented at the meeting.
E. Public Confirmation and Objection Period
1. A period of sixty days shall elapse after the public hearing before any further Council action or
non-City staff expenses shall be expended on the proposed improvement. If within this sixty
day period, a petition signed by a majority of the owners proposed to be assessed for the
improvement is filed against the improvement the Council shall not make such improvement at
the expense of the property benefited, unless in the same sixty day period a majority of the
benefited properties owners file a petition requesting the improvement proceed as proposed. If
the petition requests changesm but is not against the proposed improvement, the Council and
City Staff will review the proposed changes and estimate the total project cost resulting from
the requested changes, as if the alternative was part of the original proposal. The proposed
changes shall not delay or change the sixty day waiting period.
2. At the end of the sixty day period the Council shall pass a resolution:
1. Approving the proposed improvement, as originally proposed, if no properly qualified
petition against it is received,
2. Approve the proposed improvement as modified by a properly qualified petition request, if
a modifying petition request is received and agreeable to the Council, or
3.Shall cancel the proposed improvement if a properly qualified petition against such
proposed improvement is received and no majority signed petition is received requesting the
Council proceed as originally proposed or modified.
Section 8.06. Procedure.
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Subdivision 1. All improvements to be paid for by special assessments 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 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. 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. Such resolution shall be described in the City
Newsletter 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, 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. At such hearing the City Council shall receive any
written and oral statements, and hear any petitioners for or against the proposed improvement. 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. If within such sixty day period, a petition against such improvement be filed with the
Council, signed by a majority of the owners proposed to be assessed for the improvement, 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, the Council shall not
make such improvement at the expense of the property benefited, unless, in the meantime, there be filed with
the Council a petition asking that the improvement be made, 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; in which event the Council may disregard the petition against the improvement. Any person
whose name appears on a petition to the Council for a local improvement, or on a petition to the Council
against a local improvement, 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, when less than 100 percent of the
estimated cost of a proposed local improvement is to be paid for by special assessment, 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 8.07. Assessments for Services. The Council may provide by ordinance that the cost of City services
to streets, sidewalks, or other public or private property may be assessed against property benefited and may
be collected in the same manner as special assessments. Such costs shall not be deemed to be "special
assessments" for the purposes set forth in Section 8.03 of this chapter.
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