10/06/2008 Council Packet (2) - Laserfiche WebLink

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Our Home Rule Charter Lino Lakes Home Rule Charter Instituted in 1982, our City Charter was created to bring local -level oversight to proposed development at a time when the Lino Lakes governing process was not as strong as it is today. Out of 854 cities, we are one of 107 other MN cities with a charter. Out of the 854, we are the only city in the state with a special assessment referendum amendment. State law requires that all charter cities have a Charter Commission, made up of unpaid resident volunteers who are appointed to 4 -year terms by the district judge. The City Council holds no direct authority over the Charter Commission. When charters are changed, it is often done by a vote in an election. The election to vote on amending our charter this year will be held on November 4. Chapter 8 of our charter requires a citywide referendum whenever the city council proposes a public improvement that requires a special assessment. In many cases, a special assessment involves a street reconstruction project since those projects tend to be more costly than other improvements. According to Edward Cadman, Research Attorney for the League of Minnesota Cities, the advantages and disadvantages of a local charter are: Advantages Local solutions for local issues Encourages an engaged electorate As simple or as complex as city needs May provide initiative, referendum, recall and election of council by wards Disadvantages Costly Legal applicabilities less clear Fewer resources to tap for decision - making Amendments time - consuming, complicated, difficult to pass Fast Facts Since 1996, there have been 4 referenda on street - related public improvement projects and only one has passed. In that time, there has been one referendum on a sports complex and that also has failed. Did You Know? If chapter 8 of the Lino Lakes home rule charter is amended, the power to make and fund specially- assessed public improvement projects will be transferred from citizens to city leaders. The chart below compares chapter 8 of our City Charter with MN Statute, Chapter 429 (the statute petitioned by citizens to amend Chapter 8 of the Charter). Chapter 429 would enable the City to approve public improvement projects involving a special assessment without a citywide vote. Details on Lino Lakes' Home Rule Charter can be found on the website published by the charter commission: www.linocharter.org Chapter 8 of 1982 Lino Lakes Charter MN Statutes, Chapter 429 Referendum Required to Authorize Special Assessments on All Public Improvements Yes No Neighborhood project initiation by 100% of neighborhood. Yes, if 100% of cost is paid by the neighborhood. Yes, with 3/5 Council vote if 100% of cost is paid by neighborhood. Neighborhood project initiation by a majority of the affected residents Yes, when combined with 3/5 Council vote. Yes, when combined with 3/5 Council vote. City Council project initiation Yes, 4/5 vote required. Yes, 4/5 vote required. Neighborhood veto clause allowing the majority of residents to be assessed to reject a proposed improvement. Yes No Neighborhood veto allowed on projects not including streets (i.e. utilities, sidewalks, streetlights, etc.) Yes No Details on Lino Lakes' Home Rule Charter can be found on the website published by the charter commission: www.linocharter.org