Agenda - Charter Commission - 12/05/2006

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Commissioner Deemer replied that if we say non - homestead, it shows our intent is to only exclude properties under a commercial onus. Mr. Goodrich believed you can homestead 80 or 160 acres according to State Statute. Commissioner Simenson thought it was 160 acres. Commissioner Deemer stated a lot of farms separate their house from the commercial part of their property. Commissioner Swanson stated in order to homestead that large a piece of property; it needs to be zoned agriculture. Commissioner Swanson commented that agriculture is kept to 160 acres. Commissioner Fischer stated maybe someone just wants a large piece of property. She was more concerned with the fact that a builder could still buy 10 acres and parcel it off. A builder could start buying up smaller lots. Attorney Goodrich responded in order to build on it, the improvements would have to be put in. Commissioner Deemer argued that the person with 10 acres could petition against this process and that's what we are trying to stop. Commissioner Simenson inquired what the reason is for the 10 acres. Mr. Goodrich replied that's where non - homestead comes in. Commissioner Simenson suggested that some people are able to homestead their cabin. Commissioner Deemer stated he is talking about the "or" — the people being excluded from this petition. Commissioner LaMere stated we are defining the term in what's not included - maybe we should define what is versus what is not. Commissioner Deemer suggested it could just say homestead. Mr. Goodrich stated that it is still going to include some large tracts of land. Discussion ensued relating to homestead, large lots, etc. Mr. Goodrich stated that he had bond counsel look at this and Kennedy & Gravel and they were in agreement. Commissioner Deemer stated that a change in the City's zoning ordinance could have an effect on this sentence. Charter Commission/May 22, 2006 Page 3 of 6 M3