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Mr. William Goodrich <br />June 3, 1998 <br />Page 6 <br /> <br />the MUSA. The council, which is ~charged by statute with the obligation of <br />decision making on such issues, has only the power to pass the question along to <br />a different decision maker, the electorate. <br /> <br />The MLPA specifies that approval of comprehensive plans and plan amendments <br />are to be made by the city council. Minn. Stats., sections 462.355, subd 3 and <br />462.352, subd. 11. The city council's decision would be informed by the planning <br />commission's recommendation, public hearings and the interplay between the city <br />and the Metropolitan Council; and the Council's decision would have to conform <br />to legislative, judicial and constitutional standards. The electorate on the other <br />hand would not have the benefit of the information generated in the procedures <br />dictated by the MLPA nor would it be governed by any standards. <br /> <br />Therefore the requirement that such a plan amendment would have to be approved <br />by the electorate would seem to be inconsistent with the purposes and provisions <br />of the MLPA. <br /> <br />Consistency of the Charter ProvisiOn with Minnesota Statutes, Chapter 410 <br /> <br />Minn. Stats., Chapter 410 grants cities limited authority to govern local affairs by <br />charter. The circumstances under which matters may be referred to the voters are <br />set forth in Minn. Stats., section 410.20 as follows: <br /> <br />Such commission may also provide for ... submitting <br />ordinances to the council by petition of the electors <br />of such city and for the repeal of ordinances in like <br />manner; and may also provide that no ordinance <br />passed by the council, except an emergency <br />ordinance, shall take effect within a certain time <br />after its passage, and that if, during such time, a <br />petition be made by a certain percentage of the <br />electors of the city protesting against the passage of <br />such ordinance until the same be voted on at an <br />election held for such purpose, and then such <br />ordinance to take effect or not as determined by <br />such vote. <br /> <br />This section authorizes only ordinances to be submitted to the voters. A charter <br />provision which provides for a referendum on "any action" is not authorized. <br />Housing and Redevelopment authority of Minneapolis v. City of Minneapolis, 198 <br />N.W.2d 531 (Minn. 1972). <br /> <br />CLL144255 <br />RA125-51 <br /> <br /> <br />