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Commissioner Niska inquired if under the State Statute there is a counter petition process as <br />well. <br />Mr. Goodrich responded no, this is unique to our Charter and other Charters. <br />Commissioner Niska asked if some allow smaller percentages to petition for a project. <br />Attorney Goodrich replied he is not aware of any and Director of Public Works Olson stated he <br />was not sure. City Administrator Ulrich thought that Lino Lakes had a smaller percentage. <br />Commissioner Deemer stated he thought the threshold was 50 percent at one time. <br />Mr. Olson cautioned the Commission to please not get involved in frontage or lots sizes, etc. <br />Every project is different — that's what a feasibility study is prepared for. He added that <br />frontages vary across the City. There are a lot of details ironed out in a feasibility study. He <br />echoed Mr. Goodrich's conversation that we are only talking about 50 percent versus 35 percent. <br />Chairperson Field summarized that determination of the percent itself is what we are talking <br />about. <br />Mr. Goodrich stated that we cannot assess anyone greater than the amount of value they will <br />receive from the project and we use a myriad of processes but whatever we choose. has to be <br />equitable across the board. It may be unit, front footage, area ... it depends on what the <br />feasibility determines. <br />Director of Public Works Olson stated that he is asking not to be specific with lots — only the <br />percentage of people signing the petition to get an improvement project started. <br />Commissioner Niska inquired when you choose the basis for the assessment - is it after the <br />petition. <br />Mr. Goodrich explained that first we make the decision if the petition has been signed by 35 <br />percent of the affected property owners, the City Council decides by three -fifths majority do they <br />want to order the project and most of the time they will — then the feasibility study report is <br />prepared and the Engineering Department says it can be assessed on a square footage basis or <br />that there are too many variations so it will be assessed on a per unit basis or on area basis — but <br />will be based on the feasibility report. Then the City Council orders a public hearing and notifies <br />all those that are proposed to be assessed to hear about how the project will be assessed. Then <br />they can order the improvement project after the public hearing. That's all in the State Statutes. <br />However, the Charter says you have to wait 60 days so people opposed to the project can petition <br />against it. If a new petition comes in signed by a percentage at least as great as those signing the <br />initial petition, then the project is dead for another year. However, if there is no petition against <br />it, then the City Council will order bids and from that determine the amount of the project and <br />then order it. Then they can order a special assessment hearing: Sometimes that is done right up <br />front if they think there may be a lot of objection to the project. <br />Charter Commission/ March 26, 2012 <br />Page 4 of 8 <br />