Public Hearing to Consider Introducing an Ordinance Amending Chapter 10 (Franchises) of the City Charter as recommended by the Charter Commission

Purpose:  To conduct a public hearing to consider a proposed amendment to Chapter 10 (Franchises) of the City's39;s Charter.

Background:  On October 21, the Charter Commission recommended amending Chapter 10 of the City Charter (Franchises) relating to franchise fees.  

The Charter amendment process is dictated by State Statute.  The process before Council is per Minnesota Statutes 410.12, subd. 7 titled "Amendment by Ordinance" .  The Charter Commission may recommend an amendment to the City Council, which may adopt the recommendation in the form of an ordinance.  The recommended ordinance cannot be enacted until after the City Council has conducted a public hearing on it and it must be adopted by a unanimous vote of the City Council.  The public hearing has been published and is being held this evening.  This procedure does not require a voter election,except that the ordinance is not effective for 90 days after its passage in order to allow for a referendum petition by residents which must be presented within 60 days of the ordinance's' adoption by the Council.  Please note, historically this is the amendment process most often used in the City to amend its Charter. 
 

A notice of this public hearing was published in the November 22 edition of The Anoka County Union.

Charter Commissioners were also noticed that the public hearing on their proposed amendment was scheduled for this day.

Observations:  To enact an amendment by ordinance, it must be done so by a unanimous vote of the City Council. 

Alternatives: 

1.  Council may introduce the ordinance as presented, which will then be forwarded to a subsequent agenda for formal adoption.  The adoption must be done by a unanimous vote of the Council.

2.  Council may discuss alternative language and direct the City Attorney to draft an alternative ordinance for the Charter Commission to review.  If Council opts for this alternative, such language will be drafted and submitted to the Charter Commission for their review and comment.  The Charter Commission shall then approve or reject the proposed amendment or suggest a substitute amendment and send it back to the Council for their review and anticipated adoption.

Staff is recommending Council  identify alternative language and direct the City Attorney to draft an alternative ordinance for the Charter Commission to review. If Council opts for this alternative, such language will be drafted and submitted to the Charter Commission for their review and comment.

Based upon discussion.