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City Attorney Langel stated that in Chapter 7 of the Charter, Taxation and Finances, Section 7.1, <br />"Council to control finances," the Council is granted full authority over the City's financial <br />affairs unless otherwise indicated in the Charter. He added, with regard to State Statute 216.36, <br />"Municipal Regulatory and Taxing Powers ", there are no limitations on a municipality regarding <br />raising revenue or defraying municipal costs. <br />City Attorney Langel stated the Commission asked whether there is a City ordinance related to <br />franchise fees. He confirmed that there is no City ordinance that directly references franchise <br />fees. He noted other metro area municipalities have franchise fees ordinances, which could be <br />researched and reviewed. City Engineer Bruce Westby stated a request could be sent out via <br />Listserv.org to other area municipalities to obtain additional information for the Commission's <br />review. <br />City Attorney Langel stated the Commission asked whether there is a difference between charter <br />and non - charter municipalities with regard to franchise fees. He noted there is no difference <br />except where a City has made specific amendments to their charter document. City Attorney <br />Langel added, with regard to the Commission's question about the short-term effects of a <br />possible Charter amendment, procedural requirements would prevent an amendment from taking <br />immediate effect. <br />City Attorney Langel stated the Commission asked whether there are any legal challenges to <br />franchise fees, and whether a correlation between land use and utilities is necessary. He noted <br />there are no legal challenges as State Statute 216.36 does not mandate a correlation between use <br />of right of way and utilities, and allows for the establishment of fees for the purpose of raising <br />money. <br />City Attorney Langel stated, with regard to the Commission's question regarding the elimination <br />of special assessments, the existing special assessments will be reimbursed to the extent that the <br />franchise fee is adopted and paid. He noted that State Statute 429 relates to the adoption of <br />procedural requirements, and allows for petitions against road improvements and special <br />assessments. He added he is not aware of any State Statute that would affect the City's ability to <br />limit the Chapter 429 process. <br />Chairperson Field thanked City staff for providing answers to the questions submitted by the <br />Commission, and asked whether the Commissioners had further questions. Commissioner <br />Bendtsen asked whether the Commission should consider any limits on or requirements for <br />establishing assessments, or percentage of votes necessary to block an assessment or project. He <br />clarified that the Charter as currently written requires a majority percentage by petition that is <br />greater than 50 %. City Attorney Langel stated there is no Statute that limits the Commission's <br />ability to modify assessments. He confirmed Commissioner Bendtsen's assertion regarding a <br />majority of greater than 50 %. <br />Commissioner Zaetsch stated, with regard to Chapter 8, "Public improvements and special <br />assessments ", it is his understanding that improvements refer to sewer and water extension as <br />well as road improvements. City Attorney Langel confirmed Chapter 8 refers to any local <br />Charter Commission /October 21, 2013 <br />Page 3 of 11 <br />