Agenda - Council - 10/22/2013 - Laserfiche WebLink

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City Attorney Langel stated there is no question that the City Council has the authority under the current Charter language to institute a franchise fee, as the Charter gives the City Council authority unless otherwise stated in the Charter. City Attorney Langel explained the Charter Commission can put parameters/limitations on a franchise fee if it does not conflict with State law but the Charter is a constitutional document so the Commission needs to use care when amending for any issue. Mayor Strommen asked staff to research other information requested and to post responses to the City's website to assure resident access. Councilmember Tossey stated staff mentioned those who have paid an assessment will receive a rebate and asked if it is a rebate of the assessment or the franchise fee. City Engineer Westby stated the rebate would be the franchise fee as long as the assessment was not less than that. If the assessment was less than the franchise fee, it would be a rebate of the assessment. Councilmember Tossey stated 22 people spoke tonight and 18 expressed opposition. He took issue with staff's mention that the budget has already been reached and the extra levy limit not used. He rejected that notion because he had argued that it should be done fairly, not regressively. Councilmember Tossey stated he thinks there is a compromise and the Charter Commission should take this up. He stated the staff's position is that it did not like to spend money to design a road project when 50% plus one could counter petition, stop the project, and the money spent on engineering lost. Councilmember Tossey felt this franchise fee was a way to avoid that counter petition process and it would be burdensome on the City's middle income and poor residents because it is regressive. He supported approaching the Charter Commission to consider a lower percentage than 50% so those engineering dollars are not lost. Councilmember Tossey stated he will never support franchise fees but knows roads are an issue because they are a basic function of government. Councilmember LeTourneau stated it has been an interesting couple of hours listening to the public. He stated this is a draft process, as can be seen in the document language by design, to get resident's feedback and assure all understand what the Council wanted to accomplish, to maintain and repair roads. Councilmember LeTourneau stated he appreciates residents for participating in the process and supports having the matter come back in several weeks. He stated franchise fees may not be perfect but neither are special assessments or other options and the Council has to find a solution that is the most appropriate. Councilmember Kuzma thanked residents for coming out tonight, for the comments made, and stated it is obvious the Council needs to do more work to find a process to fix the roads. He stated he is new to the Council, is still learning, and not responsible for what happened in the past but is working to find a solution to fix the roads and consider all options available to do that. Councilmember Kuzma stated franchise fees seemed to have appeal but after listening to the resident's comments, he will have to consider all of the ramifications. City Council / October 8, 2013 Page 19 of 24