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League of Minnesota Cities 145 University Avenue West, St, Paul, MN 55103-2044 (651) 281-1200 • (800) 925-1122 Fax (651) 281-1299 • TDD: (651) 281-1290 www.lmnc.org May 10, 2007 Citizen Task Force City of Lino Lakes 600 Town Center Pkwy Lino Lakes, MN 55014-1182 Re: Uniqueness of the special assessments referendum in Lino Lakes' charter Dear Citizen Task Force: Following my visit to Lino Lakes to present information on charters, I received a question from a member of the Citizen Task. Force, as well as the administrator, Gordon Heitke. The question was, do any other charter cities in Minnesota have a similar pension s'ion requmng a referendum on special assessments as found in the Lino Lakes Charter. The answer is that no other charter city in Minnesota has a charter provision requiring a referendum an special assessments. Section 8.04, isitn 2 ofthe Lino Lakes charter reads, in part~ [W}hen less than one hundred (100%) percent of the estimated cost of the proposed improvement is to be paidfor wpm vby special assessments, connection charges, or any outside funding source otherthan the City general fund, fl e. Council shall within one hundred twenty (120) days alter the conclusion of the public hearing submit the e, . o e sed local improvement and its assessment formula to the voters of the city.:... If a majority of those voting > on said improvement and associated assessment formula are opposed, the Council shall not proceed with the local improvement as proposed. (emphasis added.) Comparing this charter provision with the corresponding special assessment and local improvement provisions of other charter cities, I have found no other city which has a similar mandatory referendum in its charter. The closest charter to Lino Lakes in this respect is foundin Mounds View. In Mounds View, the charter outlines a similar procedure for council to follow, yet its analogous subdivision 2 reads, in part: [W]hen less than 100 percent of the estimated cost of a proposed local improvement is to be paid for by special assessment, within the sixty day period after a public hearing has been held on the proposed improvement, a petition may be filed with Council, signed by a majority of the number of electors who voted for Mayor in the last regular election, protesting against AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER -15-