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Date: To: From: Re: WORK SESSION STAFF REPORT Work Session Item #7 January 7, 2008 City Council Julie Bartell, City Clerk Gordon Heitke, Administrator Charter Amendment Process WS — Item 7 ij-i / Wo8 C6cuac:r { cfel -- review c f Ck&rte peprosal War* ce5:51 Background After receiving the report and recommendations of the Citizen's Task Force to Review Charter Provisions Pertaining to Local Improvements in July 2007, the council acted to refer the attached proposed amendment to Chapter VIII of the City Charter (Public Improvements and Special Assessments) to the Charter Commission. This referral follows the process established by state statute for amendments proposed by council (Minnesota Statutes, Section 410.12, Subd. 5). The Charter Commission elected to draft a substitute amendment and submitted such to the city clerk on November 30, 2007. The council received the Charter Commission's substitute amendment at a work session on December 3 and subsequently officially received the document at the council meeting on December 10, 2007. Review Process and Timeline The process for charter amendments is governed by state statute. Amendments may be initiated by the voters (by petition), the council (by ordinance) or the charter commission (by petition or referral to the city council). At this time, the council officially has two proposed amendments before them and state statute establishes the council's options: To the ballot - Under Subdivision 5 of Minnesota Statutes 410.12, the council may submit to the people (at a general or special election) the amendment originally proposed by the council or the substitute amendment proposed by the charter commission. The council is responsible for fixing the form of the ballot or, in other words, approving the ballot language. If either of the amendments is sent to the ballot, they would require for approval 51 percent of the votes cast to be in favor of adoption. By council action - Subdivision 7 of Minnesota Statutes 410.12 establishes an alternative process for charter amendments by ordinance. This section allows a