Sidewalk Public Hearing and Resolution

The Wisconsin statutes prescribe the procedures which cities must follow to specially assess property for local improvements. The Wisconsin Supreme Court, discussing special assessment procedures, has stated that "[t]he power of a municipality to levy an assessment against a private owner is one which exists by right of statute, and the restrictions of the statute must be met if the assessment is to be deemed valid." Elaborating on this point, the court has further declared that "[a] special assessment, to be valid, must be levied pursuant to and in strict compliance with the statutory powers of a municipality." Municipal statutory powers to impose special assessments include both the complete procedure set forth in §66.0703 of the Wisconsin Statutes (hereafter "Stats.") and the power to adopt an ordinance setting forth a local special assessment procedure under §66.0701, Stats. Chief among the requisite procedures are notice and hearing. Failure to comply with mandated procedures may result in the voidance of the special assessment.

The Council passed a preliminary Resolution their first meeting in February that set Cass Place and Gladstone Way as the 2013 Sidewalk Installation Project. The Capital Budget has Cass Place/Gladstone Way as the 2013 sidewalk special assessment project. The engineers have provided information related to the construction issues related to the project which is included in the packet. The Public Works Board reviewed the options related to the project area. The Public Works Board has recommended approving the project with the same financial requirements as last year’s project.

City councils are sometimes required by state law to hold public hearings. Since the issues addressed in these public hearings are frequently contentious, may involve due process rights of private parties, and generate litigation, it is important to know and follow proper hearing procedures. Because these procedures are not generally spelled out in the statutes that require hearings, there is no ready guide for public bodies to follow when conducting hearings.

Although a public hearing is also a public meeting, the main purpose of most public hearings is to obtain public testimony or comment. A public hearing may occur as part of a regular or special meeting, or it may be the sole purpose of a special meeting, with no other matters addressed.

There are two types of public hearings, legislative and quasi-judicial, and it is important to understand the distinction between them. The purpose of a legislative public hearing is to obtain public input on legislative decisions for matters of policy. Legislative public hearings are required by state law when a city addresses such matters as comprehensive land use plans or the annual budget. Legislative public hearings are generally less formal than quasi-judicial public hearings. They do not involve the legal rights of specific, private parties in a contested setting, but rather affect a wider range of citizens or perhaps the entire jurisdiction. The wisdom of legislative decisions reached as a result of such hearings is not second-guessed by the courts; if challenged, they are reviewed only to determine if the decision was constitutional or violate state law.

On certain controversial legislative issues, it can be important to conduct a thoughtful public process in advance of any public hearing. Hearings often occur late in the process and may leave citizens with the impression that local officials do not want to hear their ideas. Council chambers are formal and can be intimidating to citizens who are not accustomed to public speaking. The format of hearings often leaves little, if any, room for reasonable discussion, give or take, or response to prior testimony. 
The City has made an effort to involve citizens in the early stages of the special assessment process. The Public Works Board held an informal public hearing to make sure there was plenty of opportunity for people to get answers to questions and a FAQ document was provided with their notice of public hearing. This is not a requirement of a formal public hearing. Good public process can be time consuming and expensive. However, these processes increase the potential to arrive at solutions that have strong support in the community.

Because legislative hearings are generally informal, the main concern is to provide an opportunity for all attending members of the public to speak if they so desire. Time limits should be placed on individual comments if many people are intending to testify, and the public should be advised that comments must relate to the matter at hand. Order and decorum should be maintained at all times. The "ground rules" for the conduct of the hearing should be stated by the chairperson or presiding official at the beginning of the hearing.

Council members should be prepared! Review the City’s ordinances, policies, budgets and supporting documentation, and any staff-prepared documents and recommendations prior to the hearing. Have clear ground rules for conducting the hearing. Keep order in the hearing, limit testimony where necessary, but maintain an impartial attitude during the hearing phase of the agenda. 

The Council passed a preliminary resolution (13-02) that set Cass Place/Gladstone Way as the 2013 Sidewalk Installation Project. The Capital Budget has had Cass Place/Gladstone Way as the 2013 sidewalk special assessment project for five years. The engineers have provided information related to the construction of sidewalks on the Cass Place/Gladstone Way. The PWB reviewed the information at their December meeting and decided to recommend the project.

The Council’s Strategic Plan in the Community Livability/Sense of Place section of the Dialogue for the City’s Future, facilitated by Steven Grabow, provides the goal of a hope for the ability to bike and walk to school, stores, other attractions (connections throughout the City). Prior memos reviewed the Comprehensive Plan and Transportation Plan policies regarding sidewalks.

The Public Works Board held an informal public hearing on the special assessment project to identify issues that can be corrected before the final official public hearing at the City Council. The project involves construction of approximately 2,700 lf of sidewalk on both sides of Cass Place/Gladstone Way from Topeka Drive to Brewster Drive. The project plans are included for your review at this meeting before the scheduled public hearing.

This Resolution meets the requirements needed to special assess for the sidewalk project. I have included the PWB motion which can be used to amend the resolution.

If this resolution passes, we must meet the municipal statutory requirements to impose special assessments which include both the complete procedure as set forth in §66.0703 of the Wisconsin Statutes (hereafter "Stats.") and the power to adopt an ordinance setting forth a local special assessment procedure under §66.0701, Stats. Chief among the requisite procedures are notice and hearing.