Agenda - Charter Commission - 05/19/2005

Home

CASE # RECEIVE CITIZEN PETITION SEEKING AIMENDMENT OF CHAPTER 8 OF THE CITY CHARTER By: William K. Goodrich, City Attorney Background: On April 4, 2005 the City Clerk received a citizen petition petitioning to amend ChaPter 8 of the City Charter (the"Petition"). Chapter 8 of the City Charter is entitled PUBLIC IMPROVEMENTS AND SPECIAL ASSESSEMENTS. The Petition is signed by approximately 784 persons. Enclosed is a copy of one page of the Petition and the text of the proposed Charter Amendment. The legal procedure necessary to'amend the City Charter is governed by State Statute, Chapter 410: Minnesota Statute §4 l 0.12 S ubd. 1 provides that amendments to a Charter may be proposed by "...a petition of voters equal in number to five percent of the total votes cast at the last previous state general election in the City," The last general election in the City was November 2, 2004 at which time there were 11,568 persons voting and therefore the Petition must be signed by a least 579 qualified.voters. Minnesota Statute §410.12 SUbd. 3 provides that within ten days of receipt of the Petition, the City Clerk shall determine whether each paper of the Petition is properly attested and whether the Petition is signed by a sufficient number of voters. This step should be completed by April 14, 2005. Upon completion of the examination of the Petition, the City Clerk is to certify the result o£ the examination to the council. There is a specific proce, ss to follow in the event the clerk determines there are not sufficient qualified voter signatures. The city clerk's determination of sufficiency of the Petition should be presented to the city council at its April 26, 2005 meeting. As City Attorney I am reviewing the proposed amendment for legal issues to make certain its provisions are permissible under Minnesota Law such that it can be presented to the voters at an election. My legal opinion on this subject wil! be presented no later than the May I0, 2005 City Council meeting. Assuming that the city council finds the proposed, amendment is legally sufficient, Minnesota · Statute {}410.12 Subd. 4 and Minnesota Statute {}410. I0 Sub& 10 provide that it is to be submitted to the qualified voters at a general or special election. Because no general election is scheduled within the next six months, the City is obligated to schedule a special election to be held within 90 days after delivery of the Petition. That means a special election must be held on or before July 5, 2005. Staff will be in contact with Anoka County election personnel prior to scheduling the election date in. order to comply With the requirements of the County's election process and the 90 day statutory requirement. Council will need to schedule the actual date and staff will advise at a future meeting a recommended date. The Charter Commission has a regularly scheduled meeting on April 21 2005 and the Petition -82-