Minutes - Charter Commission - 02/15/2001

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important than a resolution or ordinance. It seems backwards to require a greater number of people than to amend the Charter. There is some wording in the Charter that requires 10% of the registered voter versus State law, which says 5% of who voted in the last election. The other part of it is that based on a single legal opinion that was obtained by a City Council that was pro- development was used to base the decision to ignore the Charter amendment. It seems every lawyer hired by someone has their own find. That is dangerous because when you have an amendment to the Charter, it deals with an issue that's there simply because its felt City Council is not doing their job. Councilmember Hendriksen stated that if he is not doing his job, he wants citizens to be able to recall him or whoever is not doing their job. We need to initiate what the City Council refuses to initiate. Chairperson Kiefer stated that Councilmember Hendriksen is speaking of the ruling on February 13 - the opinion that Chapter 14.2 was inappropriate for the Charter - that it took away the responsibility of the City Council for zoning. Councilmember Hendriksen stated that he read that opinion and other opinions of other states with regard to the Municipal Planning Act. State law occupies the field for planning - no other mechanics affect it; no other case in Minnesota but the Denny versus Duluth and there has been no ruling made. Kennedy & Graven looked at cases from other states. Other state's opinions do not correlate to this case or to Minnesota State law. Commissioner Henke stated that Chapter 14 passed in 1995 and 1997 by the voters - is that being challenged? Councilmember Hendriksen stated no, that City Council sought the opinion from Kennedy & Graven and they kept that opinion private and just released it last Tuesday night. Commissioner Henke asked why it took three years to implement it. Councilmember Hendriksen stated that even some on City Council are saying this is unconstitutional. The only claim that's being made is that the Charter amendment is not enforceable as a zoning regulation. Nowhere has he heard that it cannot be a part of the Charter. There is no way to petition for a change via a form like there would be a form for rezoning, etc.; the first issue has not been determined in a court of law. The second issue has not even been addressed. Commissioner Henke felt that it is not right that citizens voted on it and it has never been implemented. Councilmember Hendriksen stated that is why there will be another petition coming in, probably tomorrow. The City will be seeing a petition, which we believe, has sufficient signatures to require a vote on that particular ordinance. It was the Charter consensus at that time that it was inappropriate - it was more appropriate for an ordinance. Charter Commission - February 15, 2001 Page 3 of 12