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*Lino Lakes Citizen Task Force* Page 2 May 9, 2007 either the improvement, or the assessment formula or both In this event, the Council shall not proceed with the improvement, as proposed. Therefore, while Mounds View's charter allows a proposed improvement to be stopped by the possibility of a petition, Lino Lakes is uniquely required to submit the proposal to an election. *** Since I read through the local improvement charter provisions for 107 cities, I wanted to share what I found. The amount of space in charters dedicated to local improvements and special assessments varies quite a bit Many charters have little more than two brief pram*. The entire local improvement provision in the charter for Cl wtfiPld is "As per state law." At the same time, Brainerd's charter has 12 pages on local improvements and special assessments, and South St. Paul has in incredible 58 pages in their charter devoted to the topic. However, at least 85% of all charters appear similar to Chapter 8 of the Gaylord city charter. For your convenience, I have included a copy of that section of Gaylord's charter with this letter. The following are trends and variations I have seen among those cities with provisions like Gaylord's. • In virtually all of these charters, the city is given blanket power to carry out any and all improvements not prohibited by law ("The council shall have the power to make any and every type of public improvement not forbidden by the laws of this state -and to levy special assessments..."). • Many charters contain no more than two sections similar to sections 71 and 72 in the example. However, the overwhelming majority contain sections similar to sections 71 through 74 in the example. • In some instances, the council is compelled by the charter to create a comprehensive ordinance which lays out the improvement/assessment process, and in some instances the city can create a comprehensive ordinance if they like. • In many charters, any resulting "cora`said to supersede state law for the city.' But in as many cases, the rel hatIrticretket as to whether they follow the ordinance or Minnesota Statutes. Some vhattecaarcallent on that point.2 • Some charters refer to and adopt only those parts of Minnesota Statutes Chapter 429 that address hearings and notice, and provide the rest of the process for the city in charter or Regardless, to be valid, any such comprehensive ordinance must meet some minimum requirements regarding notice and time limits outlined in Minn. Stat. § 429.021, subd. 3. 2 Where the charter is silent on this point, the city may proceed under either the statutes or its ordinance (Minn. Stat § 429.111). - 1 6 -