04-11-2013 Charter Packet (2) - Laserfiche WebLink

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COMPARISON CHART Provision: Existing Charter Charter Amendment Proposed by City Council Automatic citywide Referendum vote by the public required to authorize spending on improvement projects that affect citywide property taxes: Yes. The Charter gives voters decision power over City spending on costly assessable street projects. No. Rather, this protection only occurs in limited cases upon submission of a "timely" petition signed by 12% of "votes cast." * Neighborhood Vote, where a majority of residents to be assessed can turn down a proposed public improvement project: Yes. Our city Charter irrefutably gives homeowners decision power on costly assessable street projects. Not quite. City Hall can cancel the neighborhood vote by simply declining to name specific streets in the notice, or by omitting the notice. Neighborhood vote allowed on projects not including streets, i.e. utilities, sidewalks, etc. Yes. No. Area -wide vote allowed for owners subject to area -wide assessments for non -abutting properties: Yes. A common practice in other cities, the Charter protects all property owners regarding this type of taxation No. This proposal opens the door to area -wide assessments in Lino Lakes with no taxpayer protection. Requirement that a majority of affected owners file written objections prior to or at the public hearing: No. Yes. This is the initial meeting, yet if the majority does not vote no at this time, an unwanted project can no longer be rejected by the affected owners. 60 day voting period after the Public Hearing for affected owners to consider the proposal, ask questions, discuss with spouses, neighbors, etc. and vote: Yes. No. See above. Total time provided for affected owners to consider the improvement proposal and costs involved: 74 days. 0 days. Requirement that a majority of affected owners FILE A SECOND WRITTEN OBJECTION (2°d neighborhood vote) if a project is unwanted: No. Yes. If and only if 51% of the affected owners object at the Public Hearing, that objection is not final, but induces a "Special meeting" 45 days later. Mailed notification to affected owners that includes the estimated amount to be assessed to each affected property, and the estimated total price of the project: Yes. No. These all-important dollar amounts need not be disclosed until the Public Hearing (when the objection is due). Provision that failure to provide notice or a defect in the notice does not invalidate the proceedings Yes, but affected owners have a 60 -day voting period following the Public Hearing in which a failure in the notice can be remedied. Yes, but there is no 60 -day period, and the written majority objection is due at the Public Hearing or objection rights expire. * The threshold for citywide citizen petitions for other matters is commonly set at 5% of the registered voters. This 12% requirement is not only unusually high, the amendment wording is legally troubling and may result in misunderstandings and costly litigation.