Franchise Fee Ordinance

Purpose: To consider whether the Commission wishes to pursue a Charter amendment concerning franchise fees in light of the City Council's decision not to approve the proposed Charter amendment ordinance.

Background:  Since last October, the City Council and the Charter Commission have exchanged proposed amendments to the City Charter that would provide limitations on the use of franchise fees.  At its last meeting on April 23, 2014, the Commission modified the draft amendment and sent it back to the Council.  On June 10, 2014, the City Council considered the proposed amendment but a motion to introduce the ordinance failed.  There was a lack of consensus with respect to moving forward with franchise fees and under what restrictions.  Without unanimous approval by the Council, a Charter amendment requires voter approval.

Pursuant to Minnesota Statutes section 410.12, absent a voter petition, the only means by which the amendment can be put before the voters is if the Commission votes to do so.  Because of the July 8th statutory deadline for submitting the question, the Commission would have to take action at this meeting to put the Charter amendment on the ballot for the November election.

For Charter's information, the proposed ordinance presented to the City Council for public hearing is attached to this case.  Also attached, are the minutes from the June 10 City Council public hearing on the ordinance.

Options:

1) Vote to put the Charter amendment on the November ballot.

2) Take no action on the Charter amendment.

In light of the Council's unwillingness to pursue the proposed amendment at this time, staff recommends that the proposed amendment not be put on the ballot.

Consider whether to pursue a Charter amendment ballot question.