Agenda - Charter Commission - 04/23/2014

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Commissioner Niska stated issues surrounding an election can be included on a future Commission agenda. Commissioner Zaetsch requested clarification regarding the cost of holding a special election. City Clerk Thieling stated the cost to the City for a special election is approximately $17,000. Chair Field asked if there was favor to close the discussion. Voting Yes: Chairperson Field, Commissioners Bendtsen, Deemer, Niska, Sivertson and Zaetsch. Voting No: Commissioner Anderson. Absent: Commissioner Niederhaus. Motion by Commissioner Niska, seconded by Commissioner Sivertson, to request that the City Council review and provide feedback regarding a possible amendment to Charter Chapter 10, Section 10.4, line 4, "Power of regulation reserved ", as follows: ". . . except that any franchise fees imposed under applicable State Statutes must be limited to defray increased municipal costs accrued as a result of utility operations and may not be used to raise general operating revenue." Motion carried. Voting Yes: Chairperson Field, Commissioners Niska, Sivertson, Bendtsen, Deemer, and Zaetsch. Voting No: Commissioner Anderson. Absent: Commissioner Niederhaus. Commissioner Anderson expressed concern that the Commission has not fully considered the entire franchise fees process, including "every extension, renewal, or modification of any existing franchise" (Chapter 10.5). She asked whether the Council can be expected take on a subject of this magnitude and provide a unanimous opinion. Chairperson Field stated franchises are statutory, but franchise fees are a different story. Commissioner Bendtsen stated the existing special assessment of 50% still has not been addressed, and the fact that there are no limits to franchise fees is a big problem. Commissioner Zaetsch stated he would like to see a scale in relation to fees. Chairperson Field stated that he would like to see special assessments on an upcoming agenda. Commissioner Bendtsen stated he would love to hear from the Council on special assessments. Councilmember Backous stated special assessments are a shadow tax and should be eliminated. He added he supports a temporary franchise fee with a 5 -year limitation. Commissioner Niska stated he would like further information from the City attorney regarding Chapter 2, Sections 2.3 and 2.5 respectively, pertaining to Council elections and vacancies, as requested by the Commission at their last meeting. Charter Commission /October 21, 2013 Page l0of11