Review Ordinance Revising Chapter 8 of the Charter regarding Special Assessment Petitions

A case was brought to the Charter Commission on March 26, 2012, relating to petitioning for a public improvement project.  The percent of property owners required to petition for a local improvement is currently at 35 percent of the affected property owners per State Statute which then allows the City Council to order the local improvement by a simple majority vote.  If the percent is less than 35 percent, or no petition, then the local improvement can only be ordered by a super majority (4/5ths) vote of the City Council.  City staff recommended that the Charter Commission consider recommending increasing that percentage to 50 percent.  The merits to changing to a higher percentage is that it would require more people to initially petition for the improvement; thereby reducing the chances of a petition against a project after time and money have been expended for feasibility studies, public hearings, etc. to move the project forward.  This would be more efficient and more cost effective on the front end but still meet the intent that the project could be petitioned against.  It was noted the costs are anywhere from $5,000 to $20,000 to begin the process.  

Consensus of the Charter Commission was that it made economic sense to increase the percent to petition for a majority City Council voted local improvement project from 35 percent to 50 percent.  A motion was made and approved to direct the City Attorney to draft an ordinance changing the petition percentage and bring it back to the Charter Commission for approval.  That Ordinance is attached for Charter Commission review.

Staff is recommending Charter review the Ordinance language presented and recommend City Council adopt such Ordinance.

N/A

Motion to approve ordinance language amending City Charter Section 8.4 and recommending adoption of such an ordinance to the City Council.