10-09-2003 Charter Minutes - Laserfiche WebLink

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Charter Commission October 9, 2003 Page 2 DRAFT Chair Montain advised the open meeting laws and e-mail issue would be discussed under new business. City Clerk Blair stated there is concern regarding the statement of hard copies. She suggested that statement be revised. Commissioner Dahl stated she did not have time to review the meeting tape. She suggested the City Clerk review the tape to make necessary revisions. She stated the minutes should be tabled until the revisions are complete. MOTION by Commissioner Dahl, seconded by Commissioner Bening, to table the August 14, 2003 minutes to the January, 2004 meeting. Motion carried with Chair Montain voting no and Commissioners S. Lane and G. Lane abstaining. SPECIAL BUSINESS RELATING TO REFERENDUM Discussion Relating to Referendum —Community Development Director Grochala referred to a City map pointing out the Charter exempt areas. He stated those areas do not have to go through Section 8 of the Charter. The section indicates there is no opt out of assessments except in existing residential uses. That provision has an impact on the City's bond rating. Mr. Steve Bubul, City Legal Consultant, stated the issue comes from federal regulations. The concern is that assessments are a type of loan. The City needs to be sure that everyone is being assessed on an equal basis. The rules need to be equitable for everyone. In the Charter exempt areas the rules are not consistent. Residential uses can opt out of assessments but the commercial uses can not. Because of that the City can not use tax exempt bonds for projects. Mr. Bubul advised the options are to eliminate the exempt areas altogether. Another option is to leave the exempt areas but have those areas comply to state law-meaning residents can't opt out of the assessments. Chair Montain stated those areas have substantial acreage with multiple property owners. The City is not proposing to do projects to the entire area. It seems as though the City anticipating problems that may never arise. Mr. Bubul stated that even if a project only affects one property owner, the City is still in violation because not everyone has the same rights. A third option is to eliminate the residential opt out and eliminate all residential properties within those areas. That option is only realistic if improvements there will not benefit any residential property. Commissioner DeMotts stated the City could eliminate Subdivision 3 of the Charter, which was added in 1993. 2