Agenda - Council Work Session - 11/18/2014

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RELEVANT LINKS: Minn. Stat. § 429.031, subd. 1(t). See Form 3 (Petition for Local Improvement - more than 35% of property owners). A.G. Op. 396g7 (June 9, 1958). City of Brainerd v. Brainerd Investments Partnership, (Minn. 2013). A.G. Op. 387-B-10 (June 29, 1954). A.G. Op. 408-C (October 28, 1954). See Form 1 (Petition for Local Improvement - 100% of property owners). Minn. Stat. § 429.035. See Form 4. Minn. Stat. § 429.036. Minn. Stat. § 429.031, subd. 1(t). See Form 4-A. See Section II-D-1: Voting requirements for ordering the improvement. 1. By petition If the council chooses to proceed with an improvement based on a petition (they are not required to do so) it must have the signatures of the owners of at least 35 percent in frontage of the property bordering the proposed improvements. Computing the 35 percent is not always easy. The Minnesota Attorney General has opined that the 35 percent requirement applies to the entire area petitioning for the local improvement so each specific street need not meet it. The Minnesota Supreme Court finds that the state may be an "owner" for purposes of this 35 percent petition. (The Court finds the statute unambiguous and refuses to consider extrinsic evidence by looking at three Attorney General Opinions. These Opinions suggested that neither the state nor the city is an "owner" for purposes of this 35 percent petition.) If the council relies upon the petition as its basis for proceeding, it cannot make a substantial change in the nature of the improvement from that asked for in the petition. For example, it may not order an improvement for water and sewer when the petition has asked for water alone, or add curb and gutter to a petition for blacktop. In some cases, for example buried utility lines, 100 percent of landowners must petition for an improvement. The council must pass and publish a resolution determining whether the petition is legally sufficient or not. Any person directly affected by the resolution may challenge the council's determination (as to the legal sufficiency of the petition) in district court. The appeal must be made within 30 days and include a bond of $250. 2. By council The council certainly may act on its own initiative in proposing a local improvement and ordering a feasibility report. As a practical note, an extraordinary majority vote from the council is not necessary to initiate the proceedings. (Later in the process, a four -fifths council vote will be required to pass the resolution ordering an improvement initiated by council). The council must calculate the cost of the improvement or direct staff to do so. League of Minnesota Cities Information Memo: 9/22/2011 Special Assessment Guide Page 12