Minutes - Charter Commission - 02/15/2001

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Attorney Goodrich stated that under State Statutes Chapter 462, it is the hope that it would be done through Council. Chapter 462 is all encompassing for zoning. Councilmember Hendriksen read from Chapter 462 and said that lists the inability to initiate zoning. Chairperson Kiefer inquired of the City Attorney what Council determined at the last meeting and what the legal opinion was. Mr. Goodrich replied we have the legal opinion that Chapter 462 preempts ability to adopt zoning-type ordinances and put them in a Charter. State Statutes has taken away a fight from Charter to do the same things. City Administrator Norman pointed out that it is more than one legal opinion. Another one was rendered to the City of Richfield. Mr. Goodrich added that both are concerning that 462 preempts the City Charter to adopt zoning language. At some point, it will be heard before a court of law and a ruling will be made. So far, he felt that these opinions seem correct. Zoning provisions are one thing the Charter cannot do. Commissioner Donovan stated his philosophy is that the Charter is a constitution - it guides us. Five hundred people is not a majority. What we are doing here is passing order and legislation through the Charter. That is not the purpose of the Charter. You (petition circulating committee) never came to the Charter Commission, however, that does not necessarily make it wrong. Any citizen can propose a Charter amendment but passing legislation - lawyers are saying that may not be the way to go. We have staff, we have the Planning and Zoning Commission, we have people who try to determine the best procedures. It does not make it wrong but why not work with the existing group to bring about a better community? Commissioner Donovan mentioned the timing of the petitions (referring to the timing not being right to place the question on a ballot during a regular election) and inquired about the cost of special elections. Councilmember Hendriksen responded that he has heard the cost of a special election is up to about $10,000, but history does not support that. Commissioner Donovan questioned why the committee does not circulate a petition to get it on the general election. Councilmember Hendriksen replied that all of the 2000 City Councilmembers, specifically Mayor Gamec and Councilmember Anderson, gave us the impression they would support a density transition ordinance, but they voted no in the eleventh hour. It was a fact that they ran the clock out with no intention of supporting this. In December, the City Council voted to put it on the ballot. Then a new Council with a different majority, different flavor, voted to not even hold an election. That is what brought out the masses. Other cities in the area which are experiencing similar things and are using the initiative provision are Brooklyn Park and Richfield. However, the petition the City will be seeing shortly is because we feel that process Charter Commission - February 15, 2001 Page 4 of 12