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Charter Commission November 29, 2007 Page 4 DRAFT 134 Commissioner Bening stated he felt it was up to the discretion of the City Council if only 25% of 135 the owners are requesting public improvements. 136 137 Ms. Marty stated by using the word "shall," the Commission is requiring the City Council to 138 order a feasibility study if they get a petition; by using the word "may," the City Council can 139 choose not to order a feasibility study. 140 141 Commissioner Carlson felt it was appropriate to leave the word "may" in this section. 142 143 Commissioners Bor and Bening concurred. 144 145 Ms. Marty explained if the word "shall" is used in these subdivisions, and there is a petition that 146 gets submitted, the City will be required to do a feasibility study; there may be instances when 147 this is not practical. She felt it would be better to leave this to the Council's discretion. 148 149 Chair Duffy asked what would compel the City Council to order a feasibility study if, for 150 instance, all the property owners came to an agreement that they wanted their road fixed and 151 wanted a feasibility study done, but were only able to get a petition signed by less than 100%. 152 153 Ms. Marty stated it is important to remember the Charter is a concept document and it is not 154 possible to refine it to the point of defining who will have their petition considered and who will '' 155 not. 156 157 It was the consensus of the Commission that no changes were required in Section 8.04. 158 159 Section 8.05. Feasibility Study 160 161 Commissioner Bening stated he would like to replace Sections 8.05, 8.06, 8.07, 8.08, and 8.09 162 with something that is not so detailed and costly; he stated he drafted a proposal for the 163 Commission's consideration if there was interest. 164 165 Commissioner Bor stated her preference would be to review the remainder of Version #3 as 166 prepared by counsel and then entertain Commissioner Bening's proposal. 167 168 Commissioner Vacha concurred. 169 170 Commissioner Trehus asked about the use of the word "recommended" and what constitutes a 171 recommendation. 172 173 Ms. Marty replied that "recommended" public improvements provide an opportunity for staff to 174 say these are public improvements they recommend. 175 176 Commissioner Trehus asked whether using "recommended" public improvement gives the City a 177 chance to put their slant on what is being petitioned for.