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HomeMy WebLinkAboutPublic Improvements and the Charter (McCarty) 3-16-2005To: Mr. Kurt Ulrich, Administrator CC: Mayor and Council Members From: Duane McCarty Date: 3/16/2005 Re: Application of Chapter 8, Mounds View City Charter Please consider the attached copy of Chapter 8 containing reference numbers to a flow chart I've developed. Hopefully this will clarify Charter language re "Public Improvements and Special Assessments. As I said in a recent phone conversation with you, there are theories regarding Charter language that do not reflect conventional semantics. For example, a public improvement instituted by a 4/5ths vote of the City Council can be petitioned against by a majority {51%) of owners proposed to be assessed for the improvement. This does not "kill" the project. Such an opposing petition only holds local assessments in abeyance. The project may then be continued in discussion stages until such time as acceptable conditions may be found. Or, the Council may proceed with the project using alternative funding sources. However, when less than 100% of the cost of a local improvement is to be paid by assessing benefited properties a city wide petitioning process may be used by any resident. (Ch 8 Subd, 2) Improvement projects instituted by 25% of the affected property owners and a majority vote of all the council members, allows petitioning and counter petitioning rights subsequent to feasibility reports and public hearing processes. Again, this does not "kill" the project but only holds local assessments in abeyance provided there is a majority of residents opposed. Requirements in Ch 8 Subd. 2 also apply here. Moreover, extended petitioning processes under citizen instituted improvement projects demands wide dissemination of information over a project area should either pro or con views expect to prevail via petitioning rights within the Charter. All of the above is set in plain language in the Charter. However, it is my opinion that the City Charter was written to improve communications between the council and citizens. And, not just for citizen veto powers when facing recalcitrant City Councils'. Unfortunately, it seems this salient point is often misinterpreted. Finally (and again in my own opinion) certain sections within our Charter supersede traditional public administration processes; most notably in extended program scheduling periods that may or may not be insurmountably counter productive. Nonetheless, whenever it is agreed that changing times call for modernization, Charter improvements must be conducted via proper constitutional amendment procedures if expected to be both accomplished and functional in the best interests of the entire city. 4 L .5 6 00 8 Project Initiated By .0 0 At Least 4/5 Vote .0 5 2 mq Of Council. �, o v U En a � M.V. Charter, Chapter 8 Public Improvements To Be Paid By Special Assessments Against Benefited Property 1 Petition of at least25 percent in number of the benefited property owners. N. A petition against, signed by owners proposed to be assessed, equal in number to those who signed the instituting petition. [ Must be presented within 60 Day interval] 4 1 1 5 1 1 6 0 Favored by at . s A v least a majority N x • -4 of the Council. o o U° a v � �ch o UQ 0 � pq > 0 0 :� v o A� A petition asking that the improvement be made signed by property owners proposed 10 to be assessed at least equal in number to those who signed the petition against. [ Must be presented within 60 Day interval] Petition against project signed by a majority of owners proposed to be assessed for the improvement. [ Must be presented within 60 Day interval] Project may not be made at the expense of the property benefited. 7 Project may not be made at the expense of the property benefited. Council may disregard the petition against. PUBLIC IMPROVEMENTS AND SPECIAL, ASSESSMENTS Sec. 8.01 Power to make Improvements and Levy Assessments. The city may make any type of public improvement not forbidden by law 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. Sec. 8.02. Effective Charter Provisions. Local improvements (the term "local improvement" shall mean a public improvement financed partly or wholly from special assessments) shall be carried out exclusively under the provisions of this charter. Sec. 8.03. Local Improvement Ordinances and Regulations. Within 90 days after this charter goes into effect, the council shall enact suitable ordinance(s) governing local improvements and special assessments. 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, re -assessment, if necessary, and all other matters appropriate to the subject of local improvements and assessments. After the adoption of such ordinance(s) providing for local improvements, all procedures in compliance therewith shall conform to the regulations as set forth in such ordinance(s) and as otherwise contained in this charter. Sec. 8.04. Procedure. Subdivision 1. All improvements to be paid for by special assessments against the benefited propMy shall be instituted by either, 1(1) the petition of at least twenty-five ep rcent in number of the benefited prop e_rtX owners together with a resolution adopted by an affirmative vote of the majority of all the council, I ®r, 2(2) a resolution adopted by a four -fifths affirmative vote of all the council. 3 The council resolution shall state the nature and sco a 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 rp ice and in total thereof. 4 Upon receipt of such estimate, the council shall resolution set a date for a up blic hearing on the proposed improvement, setting forth therein the time, 1p ace and purpose of such hearing, 5 Such resolution shall be described in the city newsletter and published twice at least one week apart in the official newspaper of the c� no less than two weeks rp for to the date of said hearing, and in addition thereto, a gM of such resolution including estimated unit rp ices and estimated total r� ice thereof shall be mailed to each benefited property owner at his/her last known address at least two weeks rp for to the date of said hearing. Failure to give mailed notice, or 4ny defects in the notice, shall not invalidate the proceedings. At such hearing the dty council shall receive M written and oral statements, and hear any petitioners for or against the proposed improvement. 6 A period of sixty days shall elapse after the up blic hearing before M further action shall be taken by the council on the proposed improvement. 7 If within such sixty day period, a petition against such improvement be filed with the 1. council, signed by a majority of the owners proposed to be assessed for the improvement, Or., 8 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, 9 the council shall not make such improvement at the expense of the property benefited, unless, in the meantime, 10 there be filed with the council a petition asking that the improvement be made, signed by ro ert owners proposed to be assessed for such improvement at least equal in number to those who signed the petition against the improvement; 1 1 in which event the council pLay 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 his/her name by a statement filed in writing with the council before such petition is presented to the council. Subd. 2. Regardless of the provisions in subd. 1 when less than 100 percent of the estimated cost of a proposed local improvement is to be pALid for by special assessment, within the sixty dav 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. Subd. 3. When a proposed improvement is allowed under the foregoing subdivisions, the council may proceed at an ime between sixty days and one year after the up blic 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. Subd. 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 up blic hearing on said improvement. Sec. 8.05. Assessments for Services. The council may provide by ordinance that the cost of cjIy services to streets, sidewalks, or other public or private ro er rnay be assessed against proper 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. 1 Or., A coordinating conjunction introducing an alternative; specif., a) introducing the second of two possibilities...... An uninflected word used to connect words, phrases, clauses, or sentences; connective: conjunctions may be coordinating (e.g., and, but, or), correlative (e.g., either ... or, both... and, etc.).