The following is the general procedure followed by the City Council for all public improvement projects from initiation of such a project through certification of the assessment roll to the County Auditor. Formats for the various reports and resolutions referenced in this section are made a part of the policies and procedures of the City.
A. Petition For Public Improvement:
1. The petition is submitted to the City Clerk, together with an agreement approved by the City Attorney, and signed by the petitioners to pay all costs related to the consideration of the petition including preparation of a feasibility report.
2. City staff shall review the petition to verify authenticity of the developer's request and present a request for action to the City Council.
3. The City Council, upon review of the petition or request, shall accept or reject the petition or request:
a. If based upon a petition, the City Council shall adopt a resolution declaring whether the required percentage of property owners has signed.
b. If the petition or request is accepted, the City Council, by resolution, shall order preparation of a feasibility report.
B. Preparation And Consideration Of A Feasibility Report:
1. The City Engineer shall prepare the feasibility report which shall preliminarily evaluate whether the proposed improvement is necessary, cost effective, and feasible and whether it should be made as proposed or in conjunction with another project.
2. The feasibility report shall include:
a. An estimate of the cost of the improvement as proposed.
b. A reasonable estimate of the total amount to be assessed, and a description of the methodology used to calculate individual assessments for affected properties.
3. If the report is not prepared by an employee of a municipality, the compensation for preparing the feasibility report must be based on the following factors:
a. The time and labor required;
b. The experience and knowledge of the preparer;
c. The complexity and novelty of the problems involved;
d. The extent of the responsibilities assumed; and
e. The compensation must not be based primarily on a percentage of the estimated cost of the improvement.
4. The City Council may refer the report to the Planning Commission for a recommendation.
5. The City Council shall, by resolution, accept or reject the feasibility report, which, if accepted, the City Council, by resolution, shall call for a public hearing to consider the improvements unless the right to a hearing is waived by all affected property owners in a form approved by the City Attorney.
C. Consideration Of The Improvements:
1. Notices: The City Clerk shall post and publish hearing notice and mails notices to affected property owners as provided in Minnesota Statutes section 429.031, subdivision 1(a) or section 444.18, subdivision 3, as applicable.
2. Council Review And Action:
a. The City Council shall conduct the public hearing.
b. The information presented at the public hearing shall include a preliminary assessment amount for each of the affected property owners.
c. Within six (6) months of the hearing date, the City Council shall adopt a resolution ordering improvement to be constructed and advertisement of bids or reject the project.
(1) Minnesota Statutes Section 429 Projects: If the City Council orders the improvement, City staff prepares final plans, advertises for and opens bids as provided in Minnesota Statutes section 429.041, prepares bid tabulation, makes recommendation to the City Council for award, and prepares the proposed assessment roll.
(2) Minnesota Statutes Section 444 Projects: If the City Council orders the improvement, City staff prepares final plans, advertises for and opens bids as provided in Minnesota Statutes section 471.345, prepares bid tabulation, makes recommendation to the City Council for award of the contract.
d. The City Council may award the contract for the proposed improvements based on the bids received.
e. City staff shall supervise construction and prepares payment requests for City Council consideration.
f. The City Council may vary the order of procedures for any section 429 improvement project in accordance with the particular needs of a specific project or concerns, financial or otherwise, raised by a specific project.
D. Bonds, Assessments And/Or Taxes:
1. Issuance Of Bonds: Bonds to finance project costs may be issued at any time pursuant to statutory authority after the improvements are ordered.
2. Process For Section 429 Assessments:
a. City staff prepares the proposed assessment roll for City Council review, and the City Council, by resolution, orders an assessment hearing.
b. The City Clerk shall publish the required hearing notice, mail notice of hearing date and proposed assessments to the affected property owners as provided in Minnesota Statutes section 429.061.
c. The City Council conducts the assessment hearing and adopts, revises, or rejects the resolution determining the amount of the total expense the City will pay, if any, and establishing the assessment roll.
d. If adopted, the City Council thereby authorizes certification of the assessment to the County Auditor upon completion of the project and receipt of all final project costs, and the City Clerk shall certify the assessment roll to the County Auditor.
3. Levy For Section 444 Taxes: The City Council shall levy a tax on all taxable property within the district in an amount necessary to finance the cost of the improvement, including maintenance and to pay the principal and interest on bonds issued to finance the improvement. (Prior Code § 6-4-4)