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n <br />Charter Commission <br />October 11, 2007 <br />Page 3 <br />DRAFT <br />90 Commissioner Bening stated it has passed once and failed twice. He stated the same road has <br />91 failed twice. <br />92 <br />93 Commissioner Carlson arrived at 7:15 p.m. <br />94 <br />95 Ms. Marty stated the proposed Charter amendment includes changes to the way local assessments <br />96 are defined. She stated the current Charter reads the only time the City can assess a project is <br />97 when it is a public improvement with a local character. She indicated this language is missing <br />98 from the City Council draft and stated if the Commission wants the "local character" language, it <br />99 has to be added. <br />100 <br />101 Commissioner Trehus requested a definition of "local character." <br />102 <br />103 Ms. Marty stated the term creates ambiguity and does not have a standard definition. She <br />104 indicated it adds an extra concept and tells people that the idea is you are putting in <br />105 improvements that do something for Lino Lakes and not just for any other City or for traffic <br />106 passing through. <br />107 <br />108 Chair Duffy stated the proposed amendment that the City Council has come up with does not <br />109 have the language it wants. <br />110 <br />111 It was the consensus of the Commission to include the "local character" language in the proposed <br />112 amendment. <br />113 <br />114 Ms. Marty requested input from the Commission regarding notification of property owners and <br />115 who should be notified. <br />116 <br />117 Commissioner Dahl stated that property owners that abut the proposed improvement should be <br />118 notified. <br />119 <br />120 Ms. Marty stated there is conflicting language in state law, the City Council draft, and the <br />121 proposed amendment regarding votes of property owners for assessments. She asked if the <br />122 Commission wants the ability to do area -wide assessments and stated the question comes down <br />123 to whether the assessed property owners are benefiting from the improvement. She added this is <br />124 an issue that needs to be addressed; state law requires that area assessments be imposed when an <br />125 improvement helps the entire neighborhood. <br />126 <br />127 Commissioner Bening stated that currently, local residents pay a certain percentage, and the rest <br />128 is paid out of the City's general fund. <br />129 <br />130 Ms. Marty stated it is state law that the City can assess the amount your property value increases <br />131 due to the improvement; you only have to pay the amount your value went up. <br />/'1 132 <br />133 Chair Duffy asked what the most common scenario is. <br />3 <br />