Minutes - Council - 03/22/2022 - Laserfiche WebLink

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Councilmember Howell aye Councilmember Riley aye Mayor Kuzma aye Motion carried. 7.08: Review Charter Amendment via a Petition of the Voters per MN Statute 410.12 City Administrator Ulrich stated this case was added at the request of Councilmembers Howell and Musgrove to review the Charter Amendment process via a petition of the voters. He stated this process states that Charter Amendments must be submitted at least 17 weeks prior to the general election, which would be July 12, 2022. He stated the number of votes needed for a petition by the voters would be 5% of the votes cast which would be 825. City Attorney Knaak stated the petition has to be drafted in a certain way, the signatures on any given page have to be witnessed and verified. In addition to that requirement, once the pages are together they are consolidated by the Commission and then it gets sent to Staff for verification of signatures. He stated the Council's role is simply to set the election date. He stated he has provided the language that would be needed for the petition form. Councilmember Riley commented that City Attorney Knaak said the process was fairly simple but when he was describing the process before, this wasn't the easy way. He asked for him to explain the easy way and why this is being considered. City Attorney Knaak confirmed it isn't the easy way. He stated his recommendation, as the easiest way, was to get a draft to the Commission, have the Commission review it, and then send it to the Council to pass. If it was suggested by them and if they all agree to the language in the ordinance, it passes through the process. He stated ideally, since this seems to be something where there might be agreement on the basic language, that would be easiest way. Councilmember Riley commented that would be his preference. City Administrator Ulrich asked City Attorney Knaak to outline the scenario if the Council agreed that it should go to referendum if there is an option for that by a majority vote or does it need other input by the Charter Commission and if the petition would be necessary at that point. City Attorney Knaak replied if Council passed the ordinance it gets reviewed by the Charter Commission which has the opportunity to accept, deny, or modify it. It then comes back to the Council who either accepts or doesn't accept the modifications. Then the Council puts it out for a vote. City Administrator Ulrich commented it is by majority vote. City Attorney Knaak confirmed it is by majority vote, not unanimous. City Council/March 22, 2022 Page 18 of 25