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94.44.4„. G.k.ta.k. e-0,444444.44544,- <br />1—(2-.111— <br />MEMORANDUM <br />TO: Lino Lakes City Council <br />FROM: Joseph Langel, City Attorney <br />DATE: August 31, 2011 <br />RE: Proposed Amendments to the City Charter <br />R <br />Ratwik, Roszak & Maloney, P.A. <br />Pursuant to Minnesota Statutes section 410.12, subdivision 7, the Charter Commission <br />forwarded to the Council three proposed amendments to the Charter that the Commission seeks <br />to have approved by ordinance. The first two concern the Charter Commission's authority and <br />the Charter amendment process, while the third seeks to limit the City's levy authority. After <br />reviewing the proposed amendments, I have the following comments on the first two; it is my <br />understanding that the City's financial consultants will comment on the amendment concerning <br />the levy limit. <br />At the outset, it bears mentioning that these amendments are unusual in that they do not <br />address City powers or organizational .structure, which is the normal subject matter of city <br />charters. Rather, they seek in part to expand the powers of the Charter Commission. It is <br />questionable whether a city charter is the appropriate vehicle for addressing such issues. <br />Regardless, as discussed below, the specific language in the proposed amendments appears to <br />be either of no effect or runs afoul of state law. <br />Section 1.04 Charter Commission <br />The proposed language is as follows: <br />The City shall have an ongoing Charter Commission with <br />responsibility for maintaining and updating the Charter, and for <br />informing residents of the meaning or impact of proposed Charter <br />amendments. Members of the Charter Colnlnission shall be <br />appointed by the Chief Judge of the local district court, and shall <br />receive no compensation. <br />730 Second Avenue South, Suite 300, Minneapolis, MN 55402 • p (612) 339-0060 • f (612) 339-0038 • www.ratwiklaw.com <br />Paul C. Ratwik <br />John M. Roszak <br />Patricia A_ Maloney* <br />Terrence J. Foy* <br />Scour. Anderson <br />Kevin J. Rupp <br />Jay T. Squires*t <br />Aon R. Goering <br />Nancy E. Blumstein* <br />Joseph J. Langer' <br />Michael J. Waldsputger* <br />Margaret A. Skelton <br />Amy B. Mace <br />Brie J. Quiring <br />Erin E. Ische <br />Christian R. Shafer <br />Trevor S. Helmets <br />Matthew J. Bialick <br />'Ihssa S. Kowalski <br />Scott B. Schmitt <br />Timothy A. Sullivan <br />* Also admiued in WI <br />t Real Property Specialist <br />Certified by the MN <br />State Bar Association <br />