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Mr. I Icndriksen replied no, but his point is that it was dishonest to portray the City as not forcing <br />these people to hook up. The City was on its way to do that but the Charter amendment came in <br />and stopped it. <br /> <br />Mayor Gamcc to Mr. Hendriksen stated that's your opinion that they were being forced, right? <br /> <br />Mr. t Icndriksen stated that the City had actually issued assessments and had held public <br />hearings; any reasonable person would have concluded they were in the process. <br /> <br />Council member Elvig clarified that the Charter protected these people then? <br /> <br />Mr. Ilcndriksen replied yes. <br /> <br />Councilmember Elvig pointed out that that is the same Charter the City has in place that <br />protected then and will protect now. <br /> <br />Mr. Zaetsch stated that no one was required to hook up and the Charter provided protection but <br />people are of the opinion that they could not enact a "due on sale" clause. The City Council <br />made a quick fix effort with new language about if your sewer fails but they left off anything <br />with regard to a failed water system. <br /> <br />Councihnember Cook inquired how Mr. Zaetsch could say the language Council adopted does <br />not relate to tonight's topic. <br /> <br />Mr. Zaetsch responded that it says if sewer and water is available and their sewer fails, they have <br />to hook up or fix their sewer, but it does not cover wells. He felt it was a quick fix effort but left <br />a hole. <br /> <br />COUNCIL BUSINESS <br /> <br />Case #1: Receive Legal Opinions Regarding Proposed Charter Amendment Petition <br /> <br />Mayor' Gamec introduced Charles LeFevere from Kennedy & Graven law finn and John Baker <br />from Greene Espe[ law firm. <br /> <br />City Attorney Goodrich stated that both of these attorneys have prepared an opinion concerning <br />thc proposed Charter amendment and copies of those opinions have been disseminated. <br /> <br />Charles LeFevere, Kennedy & Graven, stated that the Ramsey City Clerk was presented with a <br />petition, on April 4, 2005, proposing a Charter amendment. The Minnesota State Statutes, <br />Chapter 410 provides the procedure for amending city charters. The chapter provides that when <br />a propcr petition is submitted to the City, the City Council is to call an election on the proposed <br />amendment. However, Minnesota Courts have held in several cases that a city can refuse to call <br />an election on a proposed amendment that is manifestly unconstitutional or illegal. He presented <br />"block drawings" representing city blocks and costs of sewer and water lines. He gave an <br />example of a petition for sewer and water and an example of ways to charge. The amendment <br />before the Council refers to "leap frog development". Under the proposed Charter amendment, <br /> <br />City Council - Special Meeting May 18, 2005 <br /> Page 2 of 12 <br /> <br /> <br />