Public Hearing:  Adopt Ordinance #14-07 Amending Charter Chapter 8 - Public Improvements and Special Assessments

Purpose: To conduct a public hearing and upon motion, adopt 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.

The proposed amendment was introduced at the July 8, 2014 City Council meeting.  Following introduction of such ordinance, a public hearing was advertised for tonight's meeting.  This public hearing is required before final approval can be voted upon.  In order for the amendment to take place, the vote on Council must be 7-0.

Observations/Alternatives: 

Conduct the public hearing and motion to Adopt Ordinance 14-07 Amending Charter Chapter 8 - Public Improvements and Special Assessments. 

or

Not adopt the Ordinance, in which case, the proposed amendment is likely dead.

Staff recommends that the Council consider adoption of Ordinance #14-07 Amending Charter Chapter 8 - Public Improvements and Special Assessments

Motion to adopt Ordinance #14-07 Amending Charter Chapter 8 - Public Improvements and Special Assessments

Roll Call:
               Councilmember Kuzma
               Councilmember Riley
               Councilmember LeTourneau
               Councilmember Tossey
               Councilmember Backous
               Councilmember Johns
               Mayor Strommen