04-11-1996 Charter Packet - Laserfiche WebLink

Home Search

LAW OFFICES OF William G. Hawkins and Associates Legal Assistant 2140 FOURTH AVENUE NORTH WILLIAM G. HAWKINS WENDY B. DEZELAR ANOKA,MINNESOTA 55303 BARRY A. SULLIVAN PHONE(612)427-8877 July 2, 1996 Mr. Kirk Corson 6662 Ruffed Grouse Road Lino Lakes, MN 55014 Re: Charter Requirements for Improvements to Existing Roadways Dear Mr. Corson: I am responding to your letter of May 16, 1996 for my legal opinion concerning the applicable sections of the Lino Lakes City Charter, City Code and State Law for improvements to existing streets including reconstruction, replacement and upgrading. In your letter you raised the question of the applicability of Minnesota Statute, Chapter 429, Chapter 6 and Chapter 8 of the Lino Lakes City Code. I believe Chgpter 7 is the operative section as opposed to Chapter 6 cited in your letter which merely deals with administrative items. The first question that must be addressed is whether or not the proposed construction activity for the street constitutes routine maintenance or is an improvement. It would be my opinion that, if the construction activity lengthens the useful life of the road and results in market value increase to the adjacent properties, it would be deemed a local improvement and would be governed by Chapter 8 of the Lino Lakes City Charter. Construction activity such as widening the surface of roadways, placing a second lift of blacktop on streets, or removal of existing road surfaces and replacement with new blacktop would constitute improvements. Maintenance items would be those activities which are normally anticipated at the time of the initial construction of the roadway in order to allow the roadway to reach its normal useful life. Maintenance items would be pothole repair and sealcoating of roadways, restriping and regrading of gravel shoulders. Routine maintenance items as those listed above would not be governed by Chapter 8 since they are not be deemed Improvements which would increase the market value of adjacent properties. Such maintenance items soul& a paid from the general fund. Section 8.02 of the Charter and City Code Section 303, Subd. 1 define local improvements as 'public improvements financed partly or wholly from special assessments." Section 8.02 requires that any improvement of this nature must be carried out exclusively under the provisions of the Lino Lakes City`t-harter. Therefore, if a road improvement plan results in benefits which would be specifically assessed to abutting households, Chapter 8 of the Charter would govern the procedures. Minnesota Statute 429 is not the primary governing legislation in this area, however,