Adopt Ordinance Amending Chapter 8 (Public Improvements and Special Assessments) of the City Charter as recommended by the Charter Commission.

On April 19, 2012, the Charter Commission recommended amending Chapter 8 of the City Charter (Public Improvements and Special Assessments) relating to the process for petitioning for a Local Improvement.

Currently pursuant to State Statute, if 35% or more of the affected property owners petition for a Local Improvement, the project can be approved by a 3/5ths vote of the City Council. If the percent of affected property owners petitioning is less than 35% or no petition is presented then the Local Improvement can only be ordered by a super majority or a 4/5ths vote of the City Council.

The Charter Commission has recommended that the City Charter be amended to increase the 35% affected property owners petition requirement to 50% of the affected property owners. City staff advised the Charter Commission that the merits to changing to a higher percent is that the larger number of required initial petitioners will reduce the chance of a petition against a project after time and money have been expended for feasibility studies, public hearing etc. all required to move the project forward. This would be more efficient and more cost effective on the front end but still allow the project to be petitioned against as permitted by Section 8.4.3 of the Charter. Said section is titled “Petition against the Local Improvement” and permits a proposed petitioned for Local Improvement to be stopped if a petition of affected property owners OPPOSED to the project is presented by a percent at least equal to those who petitioned FOR the project. Thus if the initial petition in favor of an improvement is 50% of the affected property owners, an opposing petition will also need 50% of the affected property owners to be effective to stop proceedings on the Local Improvement. 

The charter amendment process is dictated by state statute. The process before you now is per Minn. Stat. 410.12 subd. 7 titled "Amendment by Ordinance."  The Charter Commission may recommend an amendment to the City Council, which may adopt the recommendation in the form of an ordinance.  The recommended ordinance cannot be enacted until after the City Council has conducted a public hearing on it and it must be adopted by a unanimous vote of the City Council.  The public hearing was published and was held by the City Council on Tuesday, June 12.  This procedure does not require a voter election, except that the ordinance is not effective for 90 days after its passage in order to allow for a referendum petition by residents which must be presented within 60 days of the ordinance's adoption by the Council.  Please note, historically this is the amendment process most often used in the City to amend its charter.

There were no comments from the public during the hearing held on June 12.  Charter Chairperson Joe Field was present to answer any questions the public or the City Council may have had.  The Council introduced the ordinance.

The Charter Commission and staff recommend adopting the proposed ordinance.

N/A 

Motion to waive the requirement of the City's Charter to read aloud the ordinance and adopt the Charter Commission recommended Ordinance #12-XX Amending Chapter 8 (Public Improvement and Special Assessment). 

Roll Call Vote:
     Councilmember Elvig
     Councilmember Backous
     Councilmember McGlone
     Councilmember Tossey
     Councilmember Strommen
     Councilmember Wise
     Mayor Ramsey