Agenda - Charter Commission - 04/23/2014

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fee would be a method to improve the roads with the franchise fee rather than billing the residents $1,700,000 in year one for road improvements. Commissioner Zaetsch compared this draft Ordinance to a moratorium. Commissioner Deemer questioned if the Commission would like to send their suggestions to the City Council to receive their input or whether to move forward on the Niska amendment. Chairperson Field confirmed that the Niska amendment could not be combined into the proposed Ordinance. Commissioner Zaetsch stated that he is in agreement with the proposed Ordinance, which the exception that the title be listed as a moratorium. Commissioner Sivertson questioned if it would be appropriate to state that the Niska amendment would go into effect after the five -year period. Chairperson Field reviewed the aspects that the Charter Commission desired that were built into the proposed Ordinance. He noted that the City Council could move forward with the Ordinance as originally proposed, but the Council did come back with the limitations in order to assuage the concerns of the Charter Commission. Commissioner Deemer questioned if another section could be added that would specify that the Niska amendment would go into effect after the five -year period expires. He noted that if the item is not approved 100 percent by the City Council, the issue would come back again. Commissioner Anderson noted that there is one Councilmember that has stated that they would not vote for franchise fees for this use, and therefore the vote would not be unanimous. She questioned if the City is prohibited from having a road fund. City Attorney Langel advised that the City is not prohibited from having a road fund but cannot have a road utility fee. He explained that this is a franchise fee, which this City is willing to designate for road improvements. Chairperson Field suggested approving the language as proposed with the addition of the Niska amendment becoming effective after the five -year period terminates. Commissioner Zaetsch suggested that the motion be specified to state that the City Attorney draft language in accordance with the discussion tonight to include the title change to "assessment moratorium ". Chairperson Field noted that there is a limit specified that would not allow for additional franchise fees during this five -year period because of the 20 percent limit. Commissioner Niska stated that he would be okay with sending this back to the City Council as discussed tonight to determine what their input is. He still believed that the ability to use this Charter Commission/ January 27, 2014 Page 7 of 10