7.1.
CC Regular Session
- Meeting Date:
- 07/08/2014
- By:
- Joe Langel, Administrative Services
Information
Title:
Introduce Ordinance #14-07 Amending Charter Chapter 8 - Public Improvements and Special Assessments
Purpose/Background:
Purpose: To introduce an ordinance proposed by the Charter Commission to amend Section 8.4.5 of the City Charter.
Background: Following the Council's decision on June 10, 2014, to not pursue franchise fees as a means of financing road improvements, discussion turned to issues with existing special assessment procedures. A motion was approved requesting the Charter Commission to consider amending Section 8.4.5 of the Charter, which regulates Council-initiated improvements that are to be paid at least in part by special assessments. The existing language provides that when a Council initiates an improvement project, property owners who are to be assessed for the improvement may file a petition against the improvement. If "greater than 50 percent of the owners" sign the petition, the Council is prohibited from proceeding with the project at the expense of the owners. Council and staff expressed concern about the substantial taxpayer investment involved in initiating local improvement projects (including the cost of feasibility studies) only to have the project stopped by a citizen counter petition signed by barely half the affected property owners. It was suggested that the threshold of required owner signatures be raised from 50% to 75%.
At its meeting on June 25, 2014, the Charter Commission discussed the petition threshold at length. A motion was eventually approved recommending that the percentage be changed from greater than 50% to 60% or more. No other modifications to Section 8.4.5 were approved. This amendment was proposed under Minnesota Statutes, section 410.12, subdivision 7, whereby the amendment can be approved by the Council by ordinance, without an election, provided that Council approval is unanimous.
This proposed amendment is on the agenda for the first reading, not final approval. A public hearing is required before final approval and will occur in August if the Council approves the introduction of this ordinance.
Background: Following the Council's decision on June 10, 2014, to not pursue franchise fees as a means of financing road improvements, discussion turned to issues with existing special assessment procedures. A motion was approved requesting the Charter Commission to consider amending Section 8.4.5 of the Charter, which regulates Council-initiated improvements that are to be paid at least in part by special assessments. The existing language provides that when a Council initiates an improvement project, property owners who are to be assessed for the improvement may file a petition against the improvement. If "greater than 50 percent of the owners" sign the petition, the Council is prohibited from proceeding with the project at the expense of the owners. Council and staff expressed concern about the substantial taxpayer investment involved in initiating local improvement projects (including the cost of feasibility studies) only to have the project stopped by a citizen counter petition signed by barely half the affected property owners. It was suggested that the threshold of required owner signatures be raised from 50% to 75%.
At its meeting on June 25, 2014, the Charter Commission discussed the petition threshold at length. A motion was eventually approved recommending that the percentage be changed from greater than 50% to 60% or more. No other modifications to Section 8.4.5 were approved. This amendment was proposed under Minnesota Statutes, section 410.12, subdivision 7, whereby the amendment can be approved by the Council by ordinance, without an election, provided that Council approval is unanimous.
This proposed amendment is on the agenda for the first reading, not final approval. A public hearing is required before final approval and will occur in August if the Council approves the introduction of this ordinance.
Observations/Alternatives:
Alternatives:
Introduce the Ordinance and schedule a public hearing for the regular City Council meeting on Monday, August 11 (rescheduled from Tuesday, August 12, due to Primary Election). Only a simple majority is required to introduce such ordinance.
or
Not introduce the Ordinance, in which case, the proposed amendment is likely dead.
Introduce the Ordinance and schedule a public hearing for the regular City Council meeting on Monday, August 11 (rescheduled from Tuesday, August 12, due to Primary Election). Only a simple majority is required to introduce such ordinance.
or
Not introduce the Ordinance, in which case, the proposed amendment is likely dead.
Recommendation:
Staff recommends that the Council consider approving the introduction of an ordinance amending Section 8.4.5 of the Charter.
Action:
Motion to introduce Ordinance #14-07 amending Section 8.4.5 of the Charter.
Attachments
Form Review
| Inbox | Reviewed By | Date |
|---|---|---|
| Kurt Ulrich | Kurt Ulrich | 07/02/2014 04:28 PM |
| Kurt Ulrich | Kurt Ulrich | 07/02/2014 04:29 PM |
- Form Started By:
- jlangel
- Started On:
- 07/01/2014 09:21 PM
- Final Approval Date:
- 07/02/2014