Laserfiche WebLink
improvement not prohibited by law. He added this section of the Charter relates to State Statute <br />429, but it is broader in scope. <br />CITIZEN INPUT <br />Councilmember Jason Tossey, 7788 140 Avenue, stated the Commission should look at the <br />broader picture and not forget the intent of franchise fees, which was addressed in 2011 when the <br />Commission reviewed Charter language pertaining to assessments and counter- petitions. He <br />noted there were many road projects at that time, and one in particular caused many problems. <br />He added the process is counter productive as citizens have the ability to petition and stop a <br />project, at great cost to the City. <br />Councilmember Tossey stated the Commission should recommend to the Council that Charter <br />language should be changed to include assessments of 25% and a super majority requirement for <br />counter petition. He noted this is an acceptable compromise, but it will require the <br />Commission's recommendation. He added the franchise fee is aggressive as well as unfairly <br />disproportionate and the Charter language is too broad in his opinion, and unless the language is <br />changed the possibility for future assessments still exists. He encouraged the Commission to <br />consider an amendment to Charter language to reflect these recommendations. <br />Chairperson Field stated he understood that the Council had proposed an ordinance at their <br />October 8 meeting that would eliminate special assessments. He requested clarification from <br />staff. <br />City Administrator Ulrich stated the Council's proposed ordinance has two purposes: to provide <br />a guarantee that properties would not be assessed for improvement projects if the franchise fee is <br />utilized; and also has a provision that a rebate equal to the amount of the franchise fee would be <br />provided to those who are currently paying assessments. <br />Chairperson Field asked whether a Charter amendment is necessary to eliminate the assessment <br />process. City Attorney Langel stated it will be handled by ordinance, so assessments will be <br />repaid if franchise fees are used to pay for local improvements. He added that the ordinance is <br />not necessary as the overlying procedure is laid out in the Charter. Chairperson Field stated it is <br />confusing, as fees will be rebated but not eliminated. City Administrator Ulrich stated this will <br />guarantee that residents will not be expected to pay both a special assessment charge and <br />franchise fees. <br />Councilmember Randy Backous, 14148 Argon Street NW, Ramsey, thanked the Commission for <br />their important work on behalf of the City. He stated the franchise fee is a "shadow tax" which <br />is separate from the budget, for which the City's elected officials should be held accountable. He <br />added special assessments increase when roads need to be fixed. He noted the timing of this <br />discussion seems suspect and smacks of legislative lobbying. <br />Councilmember Backous stated he would like to eliminate special assessments and franchise <br />fees. He added all City finances should be contained in the budget and elected officials should <br />Charter Commission /October 21, 2013 <br />Page 4 of 11 <br />