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ROBERT A.GCZYPAMELA M.HARRIS <br /> BERNARD E.STEFFEN S <br /> CHARLES M.SEYKORA <br /> RICHARD A.MERRILLWILLIAM M.H.ANSEN <br /> DARRELL A.jENSEN i 11 , DANIEL D.CANTER,JR. <br /> 1 jFREY S.JOHNSON <br /> � BEVERLY K.DODGE <br /> ELL H.CROWDER ERICKSON <br /> Barna, Guzy & Steffen, Ltd. GRG M.HRS <br /> GREGG V.HERRICK <br /> iENCE R.JOHNSON <br /> JAMES U.HOEFT <br /> AVSD A.COSSI ATTORNEY'S AT LAW JOAN M.QUADE <br /> THOMAS P MALONESCOTT M.LEPAK <br /> MICHAEL F HURLEY 400 Northtown Financial Plaza STEVEN L.MACKEY <br /> VIRGIL C.HERRICK 200 Coon Rapids Boulevard ELIZABETH A.SCHADING <br /> HERMAN L.TALLEMinneapolis, l�l 55433-5489 WILLIAM F.HUEFNER <br /> ROBERT C.HYNES <br /> (612) 780-8500 FAX(612) 780-1777 E935-1993 <br /> Writer's Direct Line: (612) 783-5123 <br /> MEMORANDUM <br /> TO: Mounds View Charter Commission <br /> FROM: Gregg Herrick �, <br /> RE: City Charter - Proposed Chapter 8 <br /> Public Improvements and Special Assessments <br /> DATE: September 23 , 1994 <br /> As Charter Commission counsel, I have been asked to review the <br /> language proposed for Chapter 8 of the Mounds View Charter <br /> • dealing with public improvements and special assessments. In <br /> making this review, I am aware of the extraordinary time and <br /> . effort that the Charter Commission has spent on updating and <br /> proposing changes to the Mounds View City Charter. In making <br /> these comments, it is not my intent to criticize the language <br /> which has been proposed by the Charter Commission. The following <br /> comments are meant to illicit discussion and are in no way meant <br /> to dictate policy for the Commission. <br /> Under Minnesota law, the public improvement provisions of Chapter <br /> 429 applies to charter cities in the absence of charter <br /> provisions to the contrary. Most charters do not specifically <br /> ' prohibit the use of statutory assessment procedures; thus, most <br /> cities can utilize either assessment authority. If it is the <br /> goal of the Charter Commission to require the City to make <br /> assessments only pursuant to the requirements of Chapter 8 . <br /> There should be a provision inserted in Section 8 . 01 that makes <br /> it clear that the City is only authorized to engage in public <br /> improvements and special assessments pursuant to Chapter 8 , and <br /> that the City is not authorized to issue special assessments <br /> pursuant to state statute. Additionally, to eliminate the City's <br /> ability to use the statutory process, the last sentence in <br /> Section 8 . 03 should be changed such that it does not refer to <br /> local improvements and assessments as provided by this chapter <br /> and state law. <br /> 4111 <br /> An Equal Opporeun:re Employer <br />