Agenda - Charter Commission - 12/10/2015

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City Attorney Langel stated an "indefinite postponement" would mean that an issue can be raised again at any time. Commissioner Zaetsch stated inclusion of the phrase "in all aspects" would make it clear that the Commission is not limited. Motion by Commissioner Niska, seconded by Commissioner Deemer, to postpone indefinitely the consideration of a proposed franchise fee amendment to the City Charter. Motion carried. Voting Yes: Chairperson Field, Commissioners Niska, Deemer, M. Anderson, S. Anderson, Bendtsen, Niederhaus, Sivertson, and Zaetsch. Voting No: None. 5.2: Consideration of Amendment to Charter Section 8.4.5 — Counter Petitions to Council Initiated Improvements City Attorney Langel presented the staff report, indicating the Charter Commission is asked to consider the impact of existing Charter language concerning counter -petitions to Council - initiated improvements and possible changes to that language. He explained that under the City Charter, a local improvement project financed to some degree by special assessments can be initiated by either a petition from property owners or by the Council. If the Council initiates the project, property owners who would be assessed for the project can petition against it. The petition must be filed within 60 days of the Council's public hearing and the petition must be signed by more than 50% of the property owners If a valid petition is filed, the project cannot proceed `at the expense of the benefited property owners.' City Attorney Langel stated a drawback to this proposal is that by the time the Council holds the assessment hearing, the City has already invested considerable funds and effort in engineering work and in producing the required feasibility study. A successful petition against the improvement means those funds and effort are wasted. The Council would like to modify the Charter so as to reduce the possibility of spending funds unnecessarily. This can be accomplished by increasing the required percentage of petitioning property owners from 50% to 75%. Staff recommends amending Section 8.4.5 of the Charter to require a higher percentage of petitioning property owners, and recommend the change to the City Council for approval. Chairperson Field stated there was a lot of debate when action was taken by the City Charter on this issue, and the percentage was increased from 35% to 50%. Commissioner Sivertson confirmed that the language was changed in 2012. Commissioner Zaetsch stated a 75% petition is a large number, and it would be difficult to get. Chairperson Field stated the proposed amendment for consideration by the City Charter relates to Section 8.4.5, as a possible funding alternative to the franchise fee, to pave the way for Charter Commission/ June 25, 2014 Page 6 of 9