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Kennedy <br />c <br />H <br />A <br />R <br />T <br />E <br />R <br />E <br />D <br />Offices in <br />Minneapolis <br />Saint Paul <br />St. Cloud <br />470 U.S. Bank Plaza <br />200 South Sixth Street <br />Minneapolis, MN 55402 <br />(612) 337-9300 telephone <br />(612) 337-9310 fax <br />http://www.kennedy-graven.com <br />Affirmative Action, Equal Opportunity Employer <br />STEPHEN J. BUBUL <br />Attorney at Law <br />Direct Dial (612) 337-9228 <br />Email: sbubul@kennedy-graven.com <br />September 8, 2008 <br />Mayor Bergeson and Council members <br />City of Lino Lakes <br />600 Town Center Parkway <br />Lino Lakes, MN 55014-1182 <br />RE: Letter from Charter Commission Attorney <br />Dear Mayor and Council members: <br />I received a letter dated September 5, 2008 from Karen Marty, counsel to the Lino Lakes Charter <br />Commission. Her letter (which is attached) raised several objections to the conclusions in my <br />letter to Gordon Heitke and Julie Bartell also dated September 5, 2008 (also attached), regarding <br />the communication from the Charter Commission chair on September 4. In advance of the <br />Council meeting on September 8, I thought it would helpful for you to have my responses. I will <br />briefly describe her objections and explain why I believe they are unfounded. <br />1. Prior Charter Commission Submittals. <br />The letter alleges that the Charter Commission submitted a proposed amendment to the City <br />Council in December 2007, and submitted a second amendment in July, 2008, either of which <br />date was in advance of the 12 -week deadline under Minnesota Statutes, Section 410.12, <br />subdivision 1. <br />However, both referenced proposals were indisputably submitted by the charter commission as <br />"substitute amendments" in response to charter amendments initiated by the City Council under <br />Minnesota Statutes, Section 410.12, subdivision 5. Under that subdivision, the City Council may <br />accept or reject the charter commission's substitute amendments; it may submit to the people <br />either the Council's original proposal or the Charter Commission's substitute, or it may decide to <br />submit neither. <br />Subdivision 5 clarifies that nothing in that subdivision "precludes the charter commission from <br />proposing charter amendments in the manner provided by subdivision 1" (emphasis added). <br />339370v1 SJB LN140-86 <br />