Minutes - Charter Commission - 06/25/2014

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question, the Charter Commission would have to take action at this meeting to put the Charter amendment on the ballot for the November election. It was noted the proposed ordinance presented to the City Council for public hearing was included in the meeting packet. Because the City Council is unwilling to pursue the proposed amendment at this time, staff recommends that the proposed amendment not be put on the ballot. Commissioner Zaetsch stated his impression of the ongoing dialogue with the City Council was that the franchise fee would only be used for roads. He added at least two City Councilmembers have recently expressed a desire for more flexibility. City Attorney Langel stated the majority of Councilmembers indicated a desire to restrict the use of franchise fees for road improvement projects, and that has not changed. Commissioner Zaetsch stated two Councilmembers supported the use of franchise fees in the case of a budget shortfall. He asked whether the City Council did not foreclose future use of franchise fees for purposes other than roads. City Attorney Langel stated a vote was taken but his understanding was that franchise fees as a potential funding source is no longer on the table given the lack of consensus by the City Council. Chairperson Field stated the Charter Commission initially became involved in this issue as it opened the possibility of the use of franchise fees without limits or duration, and with no dedicated purpose. He asked the Commissioners to consider whether they wished to act on the proposed ordinance independently of the City Council. Commissioner Niska stated the Charter Commission's actions will decide whether this issue will be on the 2014 election ballot before the statutory deadline of July 8, 2014, as referenced in the staff report. City Attorney Langel agreed. Commissioner Niska expressed concern regarding the timing of this issue, as it is unnecessary to force an issue on the 2014 ballot that is no longer a 2014 issue. He added it would be helpful to have the opinion and commitment from someone familiar with the City Council's position. Commissioner Bendtsen stated he attended the City Council meeting at which this issue was discussed. He added the City Council considered whether the Charter Commission would be willing to act on other points related to franchise fees, such as changing the allowable percentage required to block a project. Commissioner Deemer stated, with regard to the City Council's June 23, 2014, meeting minutes, a Councilmember made a comment in direct contradiction to the purpose of the proposed ordinance amendment, as follows: Page 3, 2nd paragraph — "A future City Council can decide that this amendment is no longer just for road maintenance." Charter Commission/ June 25, 2014 Page 3 of 9