Agenda - Charter Commission - 04/23/2014

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City Attorney Langel confirmed that the form of the ballot would be fixed by the governing body, which is the City Council in this instance. Commissioner Deemer questioned if there was a limit on the levy which would mean that the road funds could not be included with the levy for this year. City Administrator Ulrich confirmed that there was a levy limit this year and the road improvement funds exceeded the amount available for this year. Commissioner Deemer believed that if the Commission moved forward with bringing the issue to ballot, the Council would simply approve the Ordinance prior to the vote occurring. Chairperson Field stated that it is his understanding that through the joint meeting and the proposed Ordinance by the City Council, which includes limitations, that the City Council is attempting to collaborate and consider the input of the Charter Commission. He noted that the utility rate would need to be accepted on an annual basis and questioned whether the Niska amendment would take effect at that point. He also noted that there is a five -year sunset on the proposed Ordinance, at which time the Niska amendment could then take effect if desired. Commissioner Bendtsen stated that it would be his interpretation that if the City Council were to place this Ordinance into effect, and the Niska amendment were to pass through a public vote, the amendment would take effect once voted in for approval and the Ordinance would no longer be valid. Commissioner Anderson agreed that the Commission needs to concentrate on the Charter being a general aspect, similar to a constitution, and the details are spelled out through Ordinance. She noted that there are many cities that use franchise fees and they are accepted. She did not believe that franchise fees should be eliminated all together. She did not believe the intent should be to battle the City Council and believed that perhaps the Commission should have some trust in the City Council to do the right thing with the Charter. She believed that perhaps this should be left alone, noting that accepting limitations is a compromise. She stated that running the City through Charter amendments is frankly embarrassing, noting that the roads need to be addressed. Chairperson Field stated that the job of the Charter Commission is to look to the future, as it is not just this City Council to consider. He noted that currently there are no limits in place for the franchise fee, which could be dangerous, not specifically to this Council but to City Councils of the future. He noted that the Niska amendment would limit the franchise fee specifically to utility fees and would not be allowed as a general revenue source. He noted that no one actually knows what the actual utility cost is and noted that additional information would also need to be known on the amount for a special assessment. Commissioner Bendtsen questioned the amount that would need to be assessed in order to acquire bonding funds. City Attorney Langel reported that the City must assess 20 percent of the project cost in order to be eligible for bonding funds. Charter Commission/ January 27, 2014 Page 4 of 10