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Charter Commission October 11, 2007 Page 6 APPROVED 218 Bullet #10: Ms. Marty requested clarification of the Commission's intent with respect to the 219 requirement that developers pay for new roads and/or utilities that benefit developers or future 220 developments. 221 222 Commissioner Carlson asked what would prevent the City Council from okaying a developer 223 coming in, and the developer asking the City to put the roads in. He questioned if there is 224 anything to stop this without a referendum. 225 226 Ms. Marty replied she has never seen a city that allowed this. 227 228 It was the consensus of the Commission to defer to Ms. Marty for proposed language. 229 230 Bullet #11: Ms. Marty stated that the proposed language in this provision (establishing an 231 equitable fee structure to be paid by developers to cover construction traffic damage to existing 232 roads and also make them pay for increased infrastructure demands caused by the developer) 233 results in "impact fees" and these fees are illegal in this state. Ms. Marty agreed to research this 234 issue further. 235 236 Bullet #12: Ms. Marty suggested the Commission not adopt a standard petition form to be used 237 by residents. Instead, she proposed having a sample form available to residents but not a 238 required form. \239 240 Additional Concerns: 241 242 Items A and B: Ms. Marty stated she is okay with the first part of this section with respect to 243 analyzing the council task force amendment to see what citzen rights would be lost. She 244 requested an explanation of the second sentence regarding whether this proposal if ratified 245 establishes a funding source (as per the city survey question). 246 247 Chair Duffy stated the impetus for change to the Charter centers around the City Council claim 248 that 60% of residents want to change the Charter. She stated the Commission wants to know if 249 the proposed amendments change the funding source. 250 251 Ms. Marty stated if the City wants to establish, for example, a "road maintenance" fund, with 252 1/10 of 1% of money going into this account, and when the account gets big enough, the City can 253 spend the monies without going to a referendum. 254 255 There was significant discussion regarding use of City funds and the need for Charter amendment 256 to get away from referendums. 257 258 Item C: Ms. Marty recommended against including a requirement in the Charter to seal coat 259 every "x" years, overlay every "x" years, or including a clause with respect to following the 260 City's Pavement Management Program. She stated this level of detail does not belong in a 261 Charter; rather, it belongs in an ordinance or resolution. 6