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Mayor Gamec aye <br /> <br />Motion carried. <br /> <br />Case #8: <br /> <br />Consider Authorizing City Effort to Seek Amendments to State Statutes <br />Relating to Charter and Charter Amendment Statutory Procedures <br /> <br />City Attorney Goodrich reported that Mayor Gamec had asked staff to review and, where <br />necessary, draft amendments to certain State Statutes relating to Charters and State Charter <br />Amendment procedures. <br /> <br />Mayor Gamec noted that the City has had some developments that have been quite controversial <br />relating to Charter amendments. He reported meeting with several attorneys, Fred Hoisington of <br />Hoisington Koegler Group Inc., and staff at the Metropolitan Council. After reviewing the third <br />Charter amendment, it appears the City could very well end up in court. Mr. Hoisington's firm <br />could do some background work for $12,000 to $15,000 if we do have to fight some lawsuits. <br />Mayor Garnet stated he has been working on this issue for the last couple of months. He stated <br />that the biggest issue/fear seems to be sewer and water. Language would remain that a person <br />still can opt out of hook up to City sewer and water. He asked if it is in the best interest of the <br />City to defend legal problems that could come of this last Charter amendment. He suggested <br />having language that would make the Charter more workable and still protect the citizen. He <br />stated that not once has a City Council ever forced City sewer and water on a development. <br />Councils have always tried to protect the people. <br /> <br />Mr. Goodrich stated that there are four areas for suggested amendments. The first is to permit <br />city councils to schedule all amendment referendum elections on general election days as <br />opposed to requiring that the election take place within 90 days of the receipt of the petition. It is' <br />difficult to get a large number of people out to vote in a special election. Thus, small numbers of <br />people are making a decision for the majority of the City. This would also reduce the expense of <br />a special election, however, this would not preclude the city council from calling a special <br />election. The second area is to specifically allow city councils to expend public funds advising <br />voters of relevant facts relating to Charter Amendment questions. Allowing expenditures of <br />public funds to better educate people would possibly get a better turnout at the polls. This would <br />not be to promote or campaign but to advise people that an election is about to happen, letting <br />them know what the issues are - but not to take position on the issues. <br /> <br />Councilmember Zimmerman felt this would be campaigning. <br /> <br />Mayor Gamec felt it behooves the City to make sure that all information to its citizens is correct. <br /> <br />Mr. Goodrich explained the third issue which is requiring Charter Amendment circulators to <br />present their proposed amendment to the City's Charter Commission for review and comment <br />prior to circulating the petition. He noted a time when the circulators would have liked to have <br />had the language changed after it was reviewed but could not do anything about it because the <br />signatures had already been received. The Charter Commission cannot require the petitioners to <br />change their language but the Commission and petitioners may mutually agree on revisions that <br /> <br />City Council/January 13, 1998 <br /> Page 10 of 14 <br /> <br /> <br />