Laserfiche WebLink
• <br />WS — Item 2 <br />WORK SESSION STAFF REPORT <br />Work Session Item 2 <br />Date: December 3, 2007 <br />To: City Council <br />From: Julie Bartell <br />Re: Charter Amendment <br />Background <br />After receiving the report and recommendations of the Citizen's Task Force to Review <br />Charter Provisions Pertaining to Local Improvements in July 2007, the council acted to <br />refer the attached proposed charter amendment to the charter commission. This referral <br />follows the process established by state statute for amendments proposed by council <br />(Minnesota Statutes, Section 410.12, Subd. 5). A charter commission is allowed 60 days <br />to approve, reject or submit a substitute amendment with a 90 day extension period if <br />requested. The commission exercised their right for an extended review period thus <br />making their response due back to the council by December 6, 2007. <br />The Lino Lakes Charter Commission has submitted the attached substitute charter <br />amendment. <br />Requested Council Direction <br />Before the council are two proposed charter amendments. State statute establishes the <br />council's options. <br />Under Subdivision 5 of Minnesota Statutes 410.12, the council may submit to the people <br />(at a general or special election) the amendment originally proposed by the council or the <br />substitute amendment proposed by the charter commission. If either of the amendments <br />are sent to ballot, they would require for approval 51 percent of the votes cast to be in <br />favor of adoption. <br />Subdivision 7 of Minnesota Statutes 410.12 establishes an alternative process for charter <br />amendments by ordinance. This section allows a city council to enact a charter <br />amendment that it has received from the charter commission but only after an established <br />public hearing process and with an affirmative vote of all council members. The <br />amendment would then be subject to a 90 day "waiting period" during which a petition <br />requesting a referendum on the matter may be submitted by the voters. This option <br />would apply only to the charter amendment proposed by the charter commission. <br />1 <br />