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CITY COUNCIL WORK SESSION August 3, 2009 DRAFT 124 125 City Attorney Langel opined on the matter. A matter of consideration is what was intended when the 126 charter language was approved. He suspects that the language never contemplated the situation that this 127 project presents. There could be a strong argument that the majority of seven is not sufficient but there is 128 also concern that those outside the charter zone wouldn't be appropriately involved in a petitioning 129 process. 130 Mr. Grochala noted that there is some concern, as the council heard at the public hearing, about the 131 interest rate for deferred assessments. That figure cannot be determined at this point. There was a 132 discussion about how assessments are decided and Mr. Grochala noted that the city proposes to use trip 133 generation as a guideline. Ultimately, the city will have to put together an assessment roll and those 134 proposed to be assessed will be invited to a public hearing, will understand the amount and terms of the 135 assessment and will have an opportunity to appeal their assessment to the district court. Staff is asking 136 the council for direction on the parameters of a JPA and also on the matter of the impact of the charter 137 provisions. 138 Attorney Langel suggested that the city will have to deal with a decision about how a petition will be 139 viewed if in fact one is submitted. 140 The council had general agreement with the parameters of the JPA that had been presented. 141 4. Liquor License Investigation Fee — City Clerk Bartell reviewed the report before the council 142 regarding the city's practice and charges for liquor license background investigations. The process has 143 come under review since one renewal applicant is refusing to pay the fee for the annual background 144 investigation. The city attorney is suggesting that the council reinforce the rationale and the city code 145 language if they wish to continue the requirement for investigations for renewal applicants. 146 The council concurred that annual investigation is a good practice and they would like to continue that. 147 Staff was directed to pi epare a resolution that reinforces the practice and also pi Gpare the appropriate 148 code amendment (to be considered as part of the recodification approval). 149 The council suggested that it may be appropriate to rework how the investigation cost is charged, perhaps 150 by adding it into the license fee. 151 Review Regular Agenda - City Planner Smyser reviewed Item 6A, second reading of an ordinance He 152 provided requested information on what other cities are doing in the same area_ While zoning districts 153 can be titled or separated differently in cities, it appears that most cities do allow the situation staff is 154 presenting for this city. The city's Economic Development Advisory Committee will also be offering an 155 opinion as of the end of the week. 156 A council member noted concern about "shoddy" church -type operations that could take advantage of the 157 change. It would be preferable to consider individual situations as they come forward. Staff pointed out 158 that the city isn't allowed to grant variances to zoning. 159 The meeting was adjourned al 8:15 p.m. 160 These minutes were considered and approved at the regular Council meeting held on August 24, 161 2009. •