06-14-2007 Charter Packet - Laserfiche WebLink

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wab 40/0, CHARTERED 470 US Bank Plaza 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-graven.com MEMORANDUM TO: Gordon Heitke FROM: Stephen Bubul DATE: June 4, 2007 RE: Charter Questions You asked me to respond to several questions raised by statements made by a charter commission member. 1. Are repairs "improvements." The answer is yes, if the repairs are specially assessed. Chapter 8 of the City Charter allows the City to make "any type of public improvement not forbidden by law." It goes on to define "local improvement" as a "public improvement financed wholly or partly from special assessments." So, any improvement that may be legally financed through special assessments, and in fact is financed with special assessments, is a local improvement under the Charter. Minnesota Statutes, Chapter 429 governs the type of improvements that may be specially assessed; the Charter governs only the process for approving a project. Section 429.021, subd. 1 provides a list of improvements a city is authorized to undertake under Chapter 429 that may be specially assessed, including the authority: (1) to acquire, open and widen any street, and to improve the same by constructing, reconstructing, and maintaining sidewalks, pavement, gutters, curbs, and vehicle parking strips of any material, or by grading, oiling, or otherwise improving the same, including the beautification thereof and including storm sewers or other street drainage and connections from sewer, water or similar mains to curb lines. (emphasis added)