By Mark W. Olson

A settlement is being discussed for the class action Jonathan lawsuit.

The settlement concept would allow the separation of Jonathan’s non-contiguous neighborhoods, such as Autumn Woods, as well as one of its largest neighborhoods, Clover Ridge.

The move would be dependent on a court order reforming the Jonathan Declarations that dictate voting procedure. Currently to make an amendment, participation of 100 percent of Jonathan voters is necessary. The proposal would loosen the requirements. (See “Jonathan settlement concept” below or read attachments.)

At Tuesday night’s meeting, the Jonathan Board, on a 3-2 vote, approved forming an ad hoc committee to further develop the plan, which is only in the conceptual stage. The committee includes six members: board members Tom Davis, Cal Kuhlman and Tom Kerber, and residents Marsh Halberg, Bob Moeller and John Stapleton.

Over the last few months, the Jonathan Association has proceeded with plans for a class action lawsuit, which would challenge the validity of numerous Jonathan neighborhoods and call for their succession from Jonathan. Critics had pointed to thousands of dollars in legal costs spent on the move.

Halberg, a former long-time attorney for the association, approached the board, with Moeller and Stapleton, to propose a settlement plan. The trio has been meeting with board members since. The settlement concept came out of those discussions, said Tom Kerber, board vice president.

Kerber stressed that he hoped the settlement concept, particularly related to the change in voting procedure, would bring “democratization” to Jonathan. “We want to make certain there is self-determination in what we put through,” he said.

Kuhlman acknowledged the complicated nature of the proposal, but added that it’s a “complicated association.” Board member Mike Liebe called the concept a “great starting point.”

Board member Maria Awes voiced concern over the different secession procedures required for various neighborhoods. “It doesn’t seem equitable for one neighborhood to be able to get out one way and another, another way,” Awes said. “There shouldn’t be two separate scenarios for people to get out.”

Awes also asked to hold off on the matter, until after the upcoming Jonathan board election. Kerber replied that he hoped any new board members “will see this as a good solution.”

Awes also pressed for Clover Ridge residents to serve on the ad hoc committee, and for residents to have a voice early in the creation of the settlement proposal, “before it gets to the point that this is what we’re going to vote on.” Kuhlman voiced concerns about the committee growing too big and throwing the proposal “out of whack.”

Board members Kuhlman, Liebe and Kerber voted for forming the committee; Awes and Debbie Boe voted against.

At the beginning of the settlement discussion, Kerber, on the board since 2005, announced that he would not run for re-election.

Jonathan settlement concept

Proposed amendment:

* The neighborhoods of Autumn Woods, Clover Ridge, Carvers Green, Hazeltine Estates, Bavaria Estates and Oak Valley could vote to leave the association with a two-thirds vote of the neighborhood.

* Other neighborhoods could vote to leave by the same two-thirds neighborhood vote and a vote of 51 percent of at-large membership.

In order to pass the proposed amendment:

* All prior Jonathan annexations would be affirmed by court.* Court would reform the Jonathan Declarations to allow an amendment with approval of two-thirds vote.

* Two-thirds of the entire Jonathan membership would need to approve the amendment, or if two-thirds fail to vote, the amendment would be contingent on approval of two-thirds who show up to vote on a second ballot.

In order for a neighborhood to sever Jonathan ties:

* Common areas would need to be transferred to an existing or new successor association.

Source: Jonathan Association

(Read attachments for more information)

Jonathan Annual Meeting

When: 6:30 p.m. Tuesday, Feb. 19

Where: Chaska City Hall, One City Hall Plaza

More info: www.jonathaninchaska.com

What: The meeting is the last chance for candidates to be nominated for a board seat.

* Candidates will be finalized and will have the opportunity to give statements and participate in a forum.

* Voting will be conducted via mail-in ballot, similar to last year’s procedure.

* There are three board seats up for grabs, and four board candidates to-date.

* Incumbents are Tom Kerber, Dan Weber and Debbie Boe (Kerber announced his intention not to run for re-election at Tuesday night’s meeting).

* Confirmed candidates are: Jacqueline Bensman, Boe, Katie Tierney, Sandi Rossol.