HomeMy WebLinkAbout09-19-1996 Charter Packet i
MEETING NOTICE
Joint Lino Lakes City Council and Charter Commission
DATE.- September 19, 1996
TIIVME: 6:30 PM
PLACE: Lino Lakes City Hall
AGENDA
1. Review city attorney's letter, Charter requirements for improvements
to existing roadways.
2. Charter Commission comments - Paul Montain
3. City Council comments
4 Where do we go from here?
a
LAW OFFICES OF
illiam G. -Hawkins- and Associates r
LP-gal Assi IORI 2140 FOURTH AVENUE NORTH
WILLIAh1 G. NAWKINS WeNDY B. DEZELAR ANo A, MINNESOTA 55303 --
BARRX A. SULUVAN PHONE(612)427-8877
i
I
July 2, 1996
Mr. Kirk CorSon
6662 Ruffed Grouse Road
Lino: Lakes;. MN 55014
Re Charter Requirements for improvements to Existing Roadways
Dear'Mt.`Corson:
l am,responding to your letter of May 16, 1996 for my legal opinion concerning the
appl'rgtile sections of the Lino Lakes City Charter, City Code and State law for
improvements to existing streets including reconstruction, replacement and upgrading.
In. your fetter you raised the question of the applicability of Minnesota Statute, Chapter
429 Chapter 6 and Chapter 8 of the Lino lakes City Code_ 1 believe Chapter 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
repiedement 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 could be 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 Charter. 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,
Mr. Kirk Corson
July 2, 1996
Page 2
various sections of the M.S. 429 are incorporated by reference to the Lino lakes City
Code through the adoption of Code Section 303. Section 8.04 governs the procedure
for special assessments of public improvements which will be financed partly or
wholly from special assessments. If the cost of the improvement is not assessed
100% to the benefited properties, subdivision 2 of the section requires that the city
council must hold an election on the proposed local improvement and assessment
formula. Therefore, if it is the intent of the city to establish a street reconstruction
plan which specifically assesses a portion of the cost and funds the remainder from
general funds, this funding plan would have to be submitted to the residents for
approval.
In summary, it is my opinion there is a mechanism in the charter which would allow
improvements to existing streets. The procedures that must be followed by the city
are more cumbersome than those found under Minnesota Statute 429, however, the
decision concerning the necessity for changes to these provisions should be made by
the charter commission and the council.
incerely,
William G. Hawkins-
City Attorney
wGH:wbd