Neighbors miles apart on taxes in Lino Lakes

Brian Fossey and Mike Trehus live just houses away from each other in Lino Lakes, but they're miles apart in a debate raging in this north metro community.

Fossey advocates abolishing one of Lino Lake's most unusual claims to fame: It is one of only two Minnesota cities that allows residents to nix road reconstruction plans financed by special tax assessments on their homes.

Residents, in fact, have approved just one road in the past 26 years. Fossey believes the city must have the right to build new roads as needed.

Trehus wants to preserve that power, which he thinks keeps city officials on their toes. Said Trehus: "The people paying the taxes for the roads should be involved in the decisions."

On Tuesday, Lino Lakes residents will vote whether to amend their city charter to end their unusual tax rights. It's been a contentious issue, the subject of dozens of letters to editors in local newspapers and generating accusations of misleading communication on both sides.

The issue dates to 1982, when Lino Lakes became a charter city. Those cities can create their own constitutions, and residents decided to put some serious checks and balances on public spending.

"Back in 1982, the city had a plan to run sewer out to people who couldn't pay for the [tax] assessments," said Trehus, a member of the city's charter commission since 1996. "That's how this whole thing got started."

Four referendums on road reconstruction have been held since 1982 and only one project has been approved, said Mike Grochala, city community development director. The three others -- all for the West Shadow Lake Drive area -- have failed, leading some critics to charge that next week's referendum is just another attempt to get the road built.

Trehus says the current process works.

"To say that we don't deserve the right to vote anymore because we didn't vote for one road is really unfair," Trehus said. "It's like saying, 'We don't like the way you're voting, so we'll take that right away from you."'

But Fossey, who lives on West Shadow Lake Drive, said his road has needed a major overhaul for years, and it's the job of the city to do it.

"Providing safe, adequate roads is a fundamental responsibility of a city," he said. "This provision of the charter ties our hands."

That doesn't mean all roadwork has ground to a halt in Lino Lakes. "We can do routine maintenance, such as fill potholes, seal cracks and do seal coating," Heitke said. "We presently do that just through our tax dollars without a referendum."

Lino Lakes has grappled with the taxing authority for at least a decade. Most recently, a citizens' task force examined the issue and recommended the city nix the referendum system and replace it with a process like Mounds View's.

Shortly after, Fossey and several neighbors started collecting signatures on a petition to abolish citizen taxing authority completely. Rather than have two questions on the city charter Tuesday, the city decided to go with Fossey's, Heitke said.

Fossey argues that city officials have the time and expertise to examine the mountains of information on construction projects, and then make informed decisions about them.

"It's not reasonable to expect that 8,000 to 12,000 people will go to City Hall and appraise themselves of all the data pertinent to a project," he said.

The issue has lit a fire under the city charter commission, which has found itself locking horns with City Hall. The commission has added a public relations committee, a website and published a brochure, said Commissioner Jim Drennen.

He added: "Typically our meetings are short and boring -- until this year."