HomeMy WebLinkAboutChp8upd_130109CHAPTER 8 1
(Draft Version dated January 9, 2012) 2
PUBLIC IMPROVEMENTS, DEDICATED REVENUE AND SPECIAL ASSESSMENTS 3
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Section 8.01. Power to Make Improvements and Levy Assessments or collect Dedicated Revenue . 5
The City may make any type of public improvement not forbidden by law and levy and assess 6
Dedicated Revenue or special assessments to pay all or any part of the cost of such improvements as are 7
of a local character. The total assessments or collection of Dedicated Revenue for any Llocal 8
Iimprovement may not exceed the cost of the improvement, including all costs and expenses connected 9
therewith, with interest. No assessment shall exceed the benefits to the property. This Chapter does not 10
apply to Public Improvements funded from the General Fund or bonding. All Public Improvements, 11
which may levy and collect Dedicated Revenue for any portion or act to complete the improvement, 12
shall exclusively be processed under the control of this Chapter and the Charter, as a whole, as allowed 13
under MN Statute 429.111, as amended. 14
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8.02 Definitions – Application. For the purpose of this chapter, the terms defined in this section, shall 16
have the meanings ascribed to them. 17
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Assessment District: The collection of all benefited properties, which shall be specifically 19
identified in the Notice of Hearing for a proposed Local Improvement Plan and published in the 20
official newspaper. Upon Council approval of the Local Improvement Resolution, the collection of 21
all benefited properties specifically identified by County Property Record number in the Resolution 22
and notice sent to the property owner of record prior to the Council action to approve the 23
Resolution. 24
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Assessment Procedure: as described in MN Statute 429.061, as amended, shall apply to Local 26
Improvement. 27
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Benefited Property: The property or properties which will be improved or maintained as a result of 29
the improvement being completed. (The benefit to the property shall be identified as a dollar value 30
by the City to the property owner when proposing the improvement. The identified benefit shall not 31
require any type of certification or verification by a third party. The identified benefit may be 32
nullified as a result of a properly filed petition using the Petition Process by the properties for the 33
proposed Assessment District, or individually modified by the Council as a result of an oral request 34
of the property owner directly to the City Council at a City Council meeting. Nothing in this 35
definition will preclude a property owner from their rights under MN Statute 429.081 to appeal an 36
assessment to the District Court. this section to be moved to process area of chapter.) 37
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City Services: Include those services cited under MN Statutes Chapter 471 (Municipal Powers), as 39
amended, in exchange for the taxes and fees citizens or residents pay. Basic city services may 40
include, but are not limited to, sanitation (both sewer and refuse), water, streets, inspections, public 41
safety (fire department, police, ambulance) snowplowing, and other health department issues. City 42
Services may be delivered directly by a City department, employee, City approved volunteer, 43
authorized and appointed commission, elected official, or be sub-contracted to a third party. 44
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Dedicated Revenue: Funds, fees, or taxes assessed for a specific Public Improvement or purpose 46
from businesses, citizens and residents of the City. This includes Special Assessments. 47
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Local Improvement: A Public Improvement done by special assessment under the authority of MN 49
Statute 429.021, as amended, or by other Dedicated Revenue. 50
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Local Character: (Provide a high priority to maintain to be moved to process section)The 52
predominate appearance and use of an area. 53
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Public Improvement: Work, which the City intends to capitalize and is greater than $100K 55
when completed that increases value, brings into a more valuable or desirable condition, or 56
betterment of property, or right-of-way owned by the City, County or State. 57
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Public Improvement Project: A City Service project comprised of one or more public 59
improvement(s) defined or completed by segments or steps that span multiple years, approved 60
through a single resolution.(; which shall define or describe all improvements to be done for the 61
total project to be completed, its steps or segments, the set of engineering standards to be applied, 62
the benefit to properties involved, the local character to be maintained or modified, the 63
assessment process(es) and(or) the financing method(s) which will be used to pay for the project. 64
A Public Improvement Project, whether financed with assessments or not, shall have both a 65
public hearing and a public comment period of not less than sixty calendar days. A Public 66
Improvement Project or Resolution shall not prevent each annual segment from the citizen's 67
right to petition the engineering standards or the financing method being applied to work 68
scheduled for that calendar year, to be moved to process section.) 69
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Requirements: A Public Improvement Project will be approved by resolution on a per build-out, 71
per segment process. 72
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Service, (conflicts as used in current section 8.05): 74
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Special Assessment: Any assessment levied made to an individual property or collection of 76
properties which abut or is identified as being improved by, or maintained by, a result of the local 77
or public improvement being completed. The Assessment will follow the process as stated in MN 78
Statute 429.061, as amended, and be controlled by MN Statute 429.051,as amended. 79
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Section 8.03. Local Improvement Ordinances and Regulations. Within 90 days after this Charter goes 81
into effect, the Council shall enact suitable ordinance(s) governing Llocal Iimprovements and Sspecial 82
Aassessments. The ordinance(s) shall provide a complete working code covering the determination of 83
assessments and assessment Districts, public hearings, appeals from a collection of assessments, 84
penalties for delinquency in making payments, financing of said assessments, and the certifying of 85
unpaid assessments for collection by the proper county officer. Said ordinance(s) shall also provide for 86
installment payments and notices to be given thereof, appellate procedure, reassessment, if necessary, 87
and all other matters appropriate to the subject of Llocal Iimprovements and assessments. After the 88
adoption of such ordinance(s) providing for Llocal Iimprovements, all procedures in compliance 89
therewith shall conform to the regulations as set forth in such ordinance(s) and as otherwise contained 90
in this Charter. 91
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Section 8.04. Procedure for Special Assessments. 93
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Subdivision 1. All Local Iimprovements to be paid for by special assessments against the benefited 95
property shall be instituted by either: 96
the petition of at least twenty-five percent in number of the benefited property owners together 97
with a resolution adopted by an affirmative vote of the majority of all of the Council, or, 98
a resolution adopted by a four-fifths affirmative vote of all of the Council. 99
The Council resolution shall: 100
state the nature and scope of the proposed Local Iimprovement, 101
and shall provide means to obtain a cost estimate which shall set forth the cost of the Local 102
Iimprovement both in unit price and in total thereof. 103
2.1 . Upon receipt of such estimate, the Council shall by resolution set a date for a public hearing 104
on the proposed improvement, setting forth therein the time, place and purpose of such hearing. 105
2.1.1 . Such resolution shall be described in the City Newsletter 106
2.1.2 . and published twice at least one week apart in the official newspaper of the City no less 107
than two weeks prior to the date of said hearing, 108
2.1.3 . and in addition thereto, a copy of such resolution including estimated unit prices and 109
estimated total price thereof shall be mailed to each benefited property owner at owner's last 110
known address at least two weeks prior to the date of said hearing. Failure to give mailed 111
notice, or any defects in the notice, shall not invalidate the proceedings. 112
2.1.4 . At such hearing the City Council shall receive any written and oral statements, and hear any 113
petitioners for or against the proposed improvement. 114
2.2 . A period of sixty days shall elapse after the public hearing before any further action shall be 115
taken by the Council on the proposed improvement. 116
If within such sixty day period, a petition against such improvement be filed with the Council, 117
1 signed by a majority of the owners proposed to be assessed for the improvement, 118
2 or, when the improvement has been petitioned for, signed by a number of the owners 119
proposed to be assessed for such improvement at least equal to the number of those who 120
petitioned for the improvement, 121
3 the Council shall not make such improvement at the expense of the property benefited, 122
2.2.2 . unless, in the meantime, there be filed with the Council a petition asking that the 123
improvement be made, 124
1 signed by property owners proposed to be assessed for such improvement at least equal in 125
number to those who signed the petition against the improvement; 126
2 in which event the Council may disregard the petition against the improvement. 127
2.2.3 . Any person whose name appears on a petition to the Council for a lLocal iImprovement, or 128
on a petition to the Council against a lLocal iImprovement, may withdraw their name by a 129
statement in writing filed with the Council before such petition is presented to the Council. 130
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Subdivision 2. Regardless of the provisions in Subdivision 1, wWhen less than 100 percent of the 132
estimated cost of a proposed lLocal iImprovement is to be paid for by special assessment regardless of the 133
provisions in Subdivision 1, if within the sixty day period after a public hearing has been held on the 134
proposed improvement, a petition may be filed with the Council, signed by a majority of the number of 135
electors who voted for Mayor in the last regular municipal election, protesting against either the 136
improvement, or the assessment formula, or both. In this event, the Council shall not proceed with the 137
improvement, as proposed. 138
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Subdivision 3. When a proposed improvement is allowed under the foregoing subdivisions the Council 140
may proceed at any time between sixty days and one year after the public hearing on the improvement. 141
However, no contract shall be let in the event that the current proposed contract exceeds the estimated cost 142
by more than ten percent. 143
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Subdivision 4. When a proposed improvement is disallowed under the foregoing subdivisions, the Council 145
shall not vote on the same improvement within a period of one year after the public hearing on said 146
improvement. 147
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Section 8.05. Procedure for Public Improvements funded by Dedicated Revenue. 150
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How to deal with limits on Dedicated Revenue as it pertains to Maintenance Funds. 152
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