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• • LAW OFFICES OF William G. Hawkins and Associates WILLIAM G. HAWKINS BARRY A. SULLIVAN April 25, 2005 Legal Assistants TAMMI J. UVEGES HOLLY G. PROVO Michael Grochala Lino Lakes City Hall 600 Town Center Parkway Lino Lakes, MN 55014 Re: Home Rule Charter Interpretation Dear Mr. Grochala: 2140 FOURTH AVENUE Norm' ANOKA, MINNESOTA 55303 PHONE (763) 427 -8877 Fax (763) 421 -4213 E -MAIL HawkLawl@aol.com am writing in response to your request for my legal opinion concerning the ability of the City to fund feasibility reports which are prepared in connection with a proposed local improvement within the City of Lino Lakes. The question that . has arisen is whether or not the City can use general funds for payment of the cost of the feasibility reports. Chapter 8 of the Lino Lakes City Charter governs the procedures that are applicable to the local improvements. The specific Charter provision that must be examined is found in Section 8.04, Subdivision 2. This provision states: "Regardless of the provisions of Subdivision 1 of this section, when less than one hundred (100 %) percent of the estimated cost of the proposed improvement is to be paid for by special assessments, connection charges, or any outside funding sources other than the city general fund, the Council shall within one hundred twenty (120) days after the conclusion of the public hearing, submit the proposed local improvement and its assessment formula to the voters of the City. If no election is scheduled during such one hundred twenty (120) day period, the Council shall schedule a special election by which said improvement and its associated assessment formula can be submitted to the City's voters. 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."