09.03 - Request to Petition for Improvements to North Sluetter Road

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RELEVANT LINKS: City of Brainerd v.Brainerd The Minnesota Supreme Court finds that the state may be an"owner" for Investments Partnership, (Minn.2013). purposes of this 35 percent petition. (The Court finds the statute A.G.Op.387-B-10(June 29, unambiguous and refuses to consider extrinsic evidence by looking at three 1954).A.G.Op.408-C Attorney General Opinions. These Opinions suggested that neither the state (October 28,1954). 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. See Form 1(Petition for o In some cases, for example buried utility lines, 100 percent of landowners Local Improvement -100% of property owners). must petition for an improvement. Minn.Stat.§429.035. The council must pass and publish a resolution determining whether the See Form 4. Minn.Stat.§429.036. 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 Minn.Stat.§429.031,subd. The council certainly may act on its own initiative in proposing a local 1(0. See Form 4-A. improvement and ordering a feasibility report. As a practical note, an See Section II-D-1: Voting extraordinary majority vote from the council is not necessar to initiate the requirements for ordering the improvement. proceedings. (Later in the process, a 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. B. Feasibility report Minn.Stat.§429.031,subd. Whether initiated by petition or by council, Chapter 429 requires that the 1(b). city engineer, or another person with similar skills, prepare what is commonly called a"feasibility report." (Bond attorneys require a certified copy of a feasibility report before issuing bonds to finance a local Minn.Stat.§429.031,subd. improvement.) The feasibilit re ort must cover such factors as whether the 1(d). project is necessary, See Form 5. of the cost, an estimate of that cost, whether the improvement is cost effective, and any other information necessary for council consideration. Information Memo: Page 13