The URL can be used to link to this page

Home My WebLink About07/23/2007 Council PacketMonday, July 23, 2007 5:15 p.m. City Council: Mayor Bergeson, Council Members Carlson, O'Donnell, Reinert & Stoltz City Administrator: Gordon Heitke ➢ Call to Order and Roll Call 5:20 p.m. — Present were Mayor Bergeson, Council Members O'Donnell, Reinert, Carlson Absent — Council Member Stoltz A. Meet with Charter Commission Chair, Ms. Cori Duffy Action Taken: A letter was submitted by Ms. Duffy requesting addnl funding for the Charter Commission; Council will discuss at August 6 work session B. Request for use of City newsletter Action Taken: Informational portion of article will be included with other Charter Commission info in upcoming newsletter ain't en ii Action Taken: Motion by O'Donnell, seconded by Reinert, to adjourn at 6:00 p.m. passed on a voice vote rl • • • MEMORANDUM To: Mayor and Council From: Mary Divine Date: July 23, 2007 Re: Charter Commission Newsletter request Staff received an article from Charter Commission member Cori Duffy on Friday, July 20 stipulating that it should be included in the city newsletter. She specified that the article be unedited and that she be allowed to proof it. Articles that have been planned for the Fall 2007 issue included a summary of the final report of the city council- appointed citizen task force, and an explanation of the potential referendum for local road improvements that residents may see on the ballot this fall. These articles are written and edited by staff with the aim being to inform without influencing the voters regarding an issue. Staff is requesting city council direction regarding the use of the newsletter for opinion pieces from individuals or groups. Who are the Charter Commission? The Lino Lakes Charter Commission is a fifteen member body appointed by the District Judge to oversee the City Charter. Established in 1981, they're the only entity in Lino Lake's government that doesn't fall under the authority of the city council. They're also volunteers, and do not receive any compensation for their efforts. Their charge is to study the City and ensure that the City's needs are addressed within the Charter as allowed under state law. The Commission may propose amendments to the Charter, as can the city council. The Commissioners are appointed to four -year terms, and any Lino Lakes resident can apply, except current City Council members. The Charter Commission is completely separate and distinct from the recently formed "Citizen's task force" (or "Lino Lakes Charter task force ") which was appointed in February, 2007 by the city council. In the coming months there will be several openings on the Commission due to expiring terms. If anyone is interested in applying, please do so by contacting city hall at 982 -2400, Chair Cori Duffy at the.duffys@msn.com, or print an application from the city's website at www.ci.lino - lakes.mn.us. The Charter Commission presents... City Roads and the Charter: Fact or Fiction? The City Charter has recently come under scrutiny for its provisions regarding assessable projects such as road reconstruction. The Lino Lakes Charter Commission has examined a few recent public statements and has issued definitive answers for each. Statement #1: Lino Lakes' City Charter is unique. Verdict: Fact! Every Charter is uniquely tailored to fit that city, and all charters are unique. Our Charter is unique, just as our city is unique, just as our people are unique. Statement #2: The Charter does not allow the city council to do road reconstruction. Verdict: Fiction! In 1996 the city had 25 miles of roadway in need of reconstruction, yet today there remain only 11 such miles. The city council has full power to approve reconstruction projects, as long as they are not funded using special assessments (which are costs levied against individual homeowners by the city for "street improvements "). And when the city wishes to impose special assessments, the city council can still approve the project, provided that the affected residents and the taxpayers also agree. The city has successfully rebuilt 14 miles of roadway over the past 10 years using a variety of funding options. Statement #3: The Charter requires a public referendum for road reconstruction projects. Verdict: Fact! But only in those cases where a proposed project would be funded using both special assessments and money from the general fund (i.e. property tax revenue). In these cases the Charter shares decision power between the city council and the people, nothing more. Statement #4: Lino Lakes residents favor a change to the Charter by a margin of 60% to 20 %. Verdict: Let's check the facts: The actual survey question asked "Do you favor or oppose a City Charter change that would allow the city to establish such a <road reconstruction> fund ?" To conclude that the response from this question indicates that a majority of voters are willing to give up their present right to approve or disapprove road reconstruction projects is, at its best, a very long stretch of the survey results. Statement #5: The City Charter is to blame for our roadway system deteriorating. Verdict: Fiction! The fact is that the city council has always been 100% responsible for maintaining our roadways, and has failed to provide for timely maintenance like seal coating, crack repair, and resurfacing. This has allowed some of our roads to deteriorate more than they otherwise would have. After decades of neglect due to lack of planning, the city finally adopted a pavement management system in 2005; however, • • • • • • some city roads have not received any type of life- extending maintenance since the 70's or 80's, and are in poor condition. Statement #6: The streets continue to deteriorate because of lack of reconstruction. Verdict: Fiction! Reconstruction is only performed on a road that the city considers as beyond its useful life. The only way to forestall deterioration is with timely maintenance (see #5, above). Statement #7: If left unchanged, the Charter will cost the city $11,000,000.00 over 10 years. Verdict: Fiction! The eleven million dollars is actually the estimated cost of the city not having a preventative maintenance policy (see #5), and is taken from the 2004 proposal that led to the adoption of our current "pavement management plan." The Charter merely gives residents veto power over some reconstruction projects. It has always given full power to the city council to maintain roads, so this claim is fraudulent. If the public votes against a project, the city can bring that project back again after a 1 -year waiting period. And unless the city changes the scope of the project, the work to be done is exactly the same as before. The Charter doesn't cost taxpayers dollars, it saves them. Statement #8: The Charter will bring a "tsunami" tax burden disaster to our $100 million roadway system. Verdict: Fiction! This claim is already answered in #'s 4 -6 above. Proponents of a change to the Charter continue to blur preventative maintenance with road improvements or reconstruction. The Charter doesn't restrict the city council's ability to maintain roads, the city council does. The Charter merely allows for neighborhood and taxpayer approval of "improvements," and when the taxpayers vote against a project, this merely delays expenditures and puts pressure on the city to come up with a better, possibly lower -cost project. Statement #9: The voters may be asked to change the City Charter. Verdict: Fact! However, at the time of this writing, it is unknown if a measure will be on the ballot this November. The Charter Commission asks that all voters follow this matter carefully, because a ballot question may include the surrender of residents' rights to limit city spending on road reconstruction projects. Approved this July 19, 2007 by the Lino Lakes Charter Commission ttAkrct o 512, u-ak 0-47 1/Z3 I Z-007 6256 Hollow Lane Lino Lakes, MN 55014 July 23, 2007 Mayor and City Council of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 -1182 Dear Mayor and City Council: Thank you for honoring my request to be added to the work session agenda for this evening. I appreciate the opportunity to meet with you on short notice. On behalf of the Lino Lakes Charter Commission, I hereby request additional funding for the Charter Commission to cover upcoming publishing and legal expenses. The funding amount shall equal no more than what has been allocated to and expended by the Lino Lakes Citizens Task Force in 2007. I also request that the final decision to this funding request be added to tonight's City Council agenda for an official record and vote at the City Council meeting. Thank you for your prompt attention to this matter. Best Regards, Cori Duffy Chair, Lino Lakes Charter Commission