Laserfiche WebLink
Chairperson Field agreed, but added the amendment text was still rejected by the City Council. <br />Commissioner S. Anderson stated there are multiple references to the "Charter" during the <br />Public Hearing, which should read "Charter Commission." She added that should be corrected <br />because it is confusing. Commissioner S. Anderson asked whether City staff could locate a <br />previous Charter amendment that was enacted in 1992 and effective January 25, 1993. <br />City Clerk Thieling agreed and noted that City Charter Sections 8.1 -8.5, amended by Ordinance <br />92 -12, increased the percentage of residents required to counter- petition a Council- initiated <br />proj ect. <br />Chairperson Field stated an option would be to table the matter, and propose an amendment <br />when the City Council considers this issue again. He added the Commission has expressed its <br />concerns regarding the proposed ordinance to the City Council. <br />Commissioner Zaetsch asked whether there might be an "ex post facto," if the Charter were to be <br />amended after the proposed ordinance is passed. <br />City Attorney Langel stated an ordinance can be amended on various timelines, assuming the <br />City Council passes an ordinance and approves a franchise fee without the Charter <br />Commission's input. He added an ordinance is in effect until it is renewed. <br />Commissioner Zaetsch asked whether an ordinance can take effect before there is a vote on a <br />Charter amendment. <br />Commissioner Niska stated a contrary City ordinance cannot be legally enforced if the <br />amendment prohibits the excise of a franchise fee. <br />Commissioner Deemer stated the City Council did not support the proposed franchise fee <br />ordinance. He added he does not support special elections for this issue, adding he would rather <br />have the City Council's approval. <br />City Attorney Langel stated there are various options for a ballot initiative. <br />Chairperson Field asked whether there was consensus to proceed with a ballot initiative for a <br />proposed amendment to the franchise fee ordinance. <br />Commissioner Zaetsch stated he would support the "Niska" amendment. <br />Commissioner Sivertson requested that the Niska amendment be read for the Charter <br />Commission's consideration. <br />Commissioner Niska read the following proposed amendment to City Charter Section 10.4: <br />"...except that any franchise fees imposed under applicable State Statute must be limited to <br />defraying increased municipal costs accrued as a result of utility operations, and may not be used <br />Charter Commission/ June 25, 2014 <br />Page 4 of 9 <br />