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they were successful in getting enough signatures, an election would have to be held on the <br />proposed ordinance and ff it was approved, the effect woukl be an oral/mince proposing an <br />amendment and not the actual amending of the charter. The approved ordinance would still <br />have tn be submitted to the charier ¢o~n'rmi~sion and hanfll~ according to either subdivision 5 <br />or 7 of Minn. Stat. § 410.12. This type of duplication of process would be expensive and time <br />consuming and would serve no advantage over simply fi_ling a petition for amendment under <br />Minn. Stat. § 410.12. <br /> <br />The other t3tpe of amendment for which a petition method is provided for by statute involves ~ <br />amendments to zoning ordinances where a petition of all affected landowners as defined in the <br />city's zoning ordinance forces the planning commission to consider the proposal. The final <br />amendment of the zoning ordimnce, however, would be subject to approval by a two-thirds <br />vote of the cotmcil~ and because the provisions of Chapter 462 have historically been held to <br />be the ~xclusive means of approving and amending zoning, the use of an initiative action could <br />be held as preempted or invalid for being in conflict with the provisions of the statute. (See <br />Minneapolis-Honeywell Regulator Co. v. Nadasdy, 247 Minn. I59, 76 N.W.2d 670; Mitchell <br />v. City of St. Paul, 228 minn. 64, 36 N.W.2d 132.) <br /> <br />One option the city would have in terms of offering an amendment to a charter amendment <br />proposed by petition would be to offer an alternative amendment for voter approval as <br />provided in Minn. Stat. § 410.14. The amendment would have to be proposed following the <br />provisions of Minn. Stat. § 410.12, subds. I through 7, but at least the city would have a <br />means of presenting its position on the matter to be submitted to the voters. <br /> <br />I hope that this information will be of some assistance to you and the city. If I have <br />misinterpreted your statements, or if there are additional facts thai could ala,~r ~e interpretation <br />of the issue at hand and thus the application of the above information, the information above <br />may need to be modified, ff there are any further questions on this issue, please feel free to <br />call me. Likewise, if you would like to receive copies of some of the research materials used <br />in responding to this request, please let me know and they can be forwarded to you. <br /> <br />Sincerely, <br /> <br />Kent Sulem <br />Codification Attorney <br /> <br /> <br />