Agenda - Council - 06/09/1998 - Laserfiche WebLink

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Mr. William Goodrich June 3, 1998 Page 8 The procedures allowed by statute and. that provided for in the charter amendment differ fundamentally in two ways. First, under both types of referendum procedure allowed by statute, a petition is required before an election is required. Thus, there must be some public demonstration of interest by petition in holding an election before an election is required. If there is no petition and no demonstration of interest in voting on the council's decision, no election is required. Under the charter amendment, however, no petition is required. Ail such questions must automatically be voted on, even if there is no public interest whatsoever in questioning the decision of the city council. Second, under the referendum procedures allowed by statute, the city council has the power to create an effective ordinance without any action by the electorate. Unless or until there is a petition the council has the power to enact an effective ordinance. No action by the voters is required in order to exercise a municipal power by the enactment of an ordinance. This is not true of the charter amendment. Under the charter amendment the city council cannot create an effective ordinance. It does not become effective until approved by the voters. The city council is stripped of its power to act affirmatively on comprehensive plan amendments. It has only the power to pass the question along to the voters, and an effective ordinance can only be created by ~tct of the electorate. The amendment takes one category of legislatively granted municipal power and removes it entirely from the city council. This power can be exerCised only by the electorate. Thus the charter amendment fundamentally changes the city's present form of government as prescribed by Minn. Stats., chapter 410. Municipal government in Minnesota is a representative form of government provided by law. Powers granted to a city by the legislature may be exercised by the duly elected officials of that city. City councils have authority to enact effective ordinances without an affirmative act of the voters. Under a "town hall" form of government, decisions are made by the voters rather than by elected officials. Warren v. City of Charlestown, 68 Mass. (2 Gray) 84, 101; Ex pane Wall, 48 Cal. 279, 320, 17 Am. Rep. 425 (1874). The charter amendment provides for such decision-making. Perhaps the legislature could have allowed for such a form of government. It could have provided that the electorate may, by charter provision, remove from the city council the power to enact an effective ordinance. But it did not do so. The only charter referendum powers granted by the legislature are those found in Minn. Stats., section 410.20. CLL144255 RA125-51