05-31-2013 Minutes - Laserfiche WebLink

Home Search

Charter Commission May 31, 2012 Page 3 90 the complete budget was not available because there was a $303.00 outstanding invoice and that 91 the Commission requires its full budget for review of any amendments that it would consider 92 during the remainder of the year. 93 Commissioner Timm offered that since City officials were present they could perhaps provide 94 answers to the Commission's questions about the request for funding. 95 Commissioner Turcotte asked if the City's attomey, Mr. Bubel is a specialist in charter cities and 96 he indicates he is not but that he deals with many cities in Minnesota on similar issues. 97 Commissioner Sutherland commented that the Commission was told to spend money strictly for 98 framing and amending; in this instance, the Commission is not framing and amending, it is 99 reviewing proposed language coming from the Council. 100 Commissioner Gunderson stated that the Council is proposing amending the Charter and has 101 asked the Commission for input and that this type of review falls into the category of frame and 102 amend. 103 In response to Commissioner Gunderson's question regarding the time frame for a response Mr. 104 Bubel commented that the City Council is not under any obligation to respond to the 105 Commission's request for funds. 106 Commissioner Storberg commented that the City can use its attorney at their discretion and that 107 the attorney is working for the City rather than as an independent neutral party. There are 108 therefore, advantages to obtaining another legal opinion as the Commission is seeking to do. 109 Council Member Rafferty offered that at the time the request was considered the information that 110 Council had indicated that the full budget of $1500 was available. The invoice for $303.05 had 111 not been presented. 1112 Chair Lyden reiterated that the Commission is likely to have other amendments to put forward )113 for consideration and that it will need the full budget. 114 115 MOTION— moved by Commissioner Sutherland, seconded by Commissioner Bretoi that the 116 Commission present its entire budget for the year that includes spend on the $1400 required to 117 review this amendment as well as future amendments so that the Council has a picture of its 118 budget and how the request fits in with the review of the proposed Council amendments as well 119 as the funds required for drafting other amendments. 120 Motion passed unanimously. 121 122 PRESENTATION BY CITY STAFF ON COUNCIL PROPOSED CHARTER 123 AMENDMENT 124 Mr. Bubel reviewed the document Synopsis of Improvement Procedures: Proposed Charter 125 Amendment Comparison which compares Minn. State Chapter 429 with the Existing Charter and 126 showing the Amendment proposals. He commented that Chapter 429 covers any public 127 improvements paid for in whole or in part by special assessment. He walked the Commissioners 128 through the sections of the Synopsis of the Proposed Charter Amendments. 129 Sectionl.Scope/applicability — Ch. 429 governs only public improvements paid in whole or in 130 part with special assessments. Most of the occurrences involve improvements that at least in part 131 involve special assessments. 132 Section 2. Allocation of special assessments — the benefits of the special assessment has to be 133 comparable to an increase in market value and the properties assessed get equal value. Properties 134 can argue that market value was not increased. 3