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Charter Commission <br />November 1, 2007 <br />Page 5 <br />DRAFT <br />177 Commissioner Carlson requested an amendment to the second sentence of Section 8.03 so that <br />178 the sentence reads "Assessments and terms of payment shall be imposed uniformly on similar <br />179 properties." <br />180 <br />181 Commissioner Stockman Maher stated the term "similar properties" is not a defined term in the <br />182 statute and could create ambiguity. <br />183 <br />184 Commissioner Vacha stated the same argument could be made with respect to the last sentence <br />185 that the assessment on each property "shall not exceed the benefit to that property." He <br />186 questioned who would decide the benefit to a property. <br />187 <br />188 Commissioner Trehus suggested amending the second sentence to read "Assessments and terms <br />189 of payment shall be imposed uniformly." He also questioned the use of the word "principally" in <br />190 the second parenthetical. <br />191 <br />192 It was the consensus of the Commission to request input from Ms. Marty regarding the use of <br />193 "similar," "principally," and "special" in Section 8.03. <br />194 <br />195 Section 8.04. How to Initiate a Project Which will be Assessed <br />196 <br />"0-N 197 Subdivision 1 <br />198 Commissioner Trehus stated the Charter uses the term "benefited property owners" and felt it <br />199 would be appropriate to use that term in this section. <br />200 <br />201 It was the consensus of the Commission to request Ms. Marty use the term "benefited property <br />202 owners" in this section. <br />203 <br />204 It was the consensus of the Commission to change the second parenthetical in subd. 1 to read "by <br />205 a petition signed by 25% or more of the property owners benefiting from the improvements to be <br />206 assessed for the improvements." <br />207 <br />208 Subd. 2 <br />209 Commissioner Trehus questioned whether there needed to be separate criteria for petition versus <br />210 resolution requirements. <br />211 <br />212 It was the consensus of the Commission to ask Ms. Marty for clarification of the issue regarding <br />213 petition and resolution requirements and to ask Ms. Marty to articulate what is meant by subd. 2. <br />214 <br />215 Subd. 3 <br />216 Commissioner Bening requested clarification on the simple majority vote requirement, adding <br />217 that for projects with 100% signing the petition, the project has already been initiated according <br />218 to subdivision 1. <br />219 <br />