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City of Lino Lakes September 8, 2008 Page 5 of 8 3601 Minnesota Drive Suite -80O Bloon;angtcq MN 55+435. Telephone 952-921-5859 e-mail: Ionarty(gaix.netcam.com FaTr__ 651.294-1026_.:> `Stephen J. Bubul Kennedy&;Graven .200.5.:66 Street Suite -470 Minneapolis, MN 55402 Dear:Mr. Bi bul: i_`repreeent_filo:Luno.-Lakes_'Cht{rter.COmmission,• Your=:leiterofioday's_ date*.a the City Lino Lakes, hes been for_warded:to me. Judging from your letter, `tt appearsihatyou have missed a:ffew impout:faicts. to: First;_ the iChsrter minissi to _subinitted:ixs propOS Mendinent: tp -to the City Council for consideration in December 2007. It submitted a second amendment tnJuly 2008, and suggested that the City Council might adopt the second amendment by ordinance (which the City Council declined to do). Either -of these dates is well in advance of the 12 -week deadline referenced in your*.letter. Second. the Charter: Commission isnot requesting the City Council to approve its Charter amendment or place the proposed Charter amendment on the ballot. The Charter_. Commission itself has the power to decide whether its Charter amendments goes on the ballot, as per the first_ line of Minn. Stat. .§ 410.12, Subd. 1, and the last line ofMinn. Stat. § 410.12, Subd. 5. Third, what the Charter Commission requested in its September 4, 2008 letter, was for the City Council to fulfill its obligation. under Minn. Stat. § 410.1.2. Subd. 4, where it states "The focin o f the ballotshall be feted by the governing body. The statement of the question on -the ballot shall be sufficient 10 identify the amendment clearly and to distinguish :the question from_. every other question on the ballot at the same time." While the CCharterCommission decides whether to place its amendment onthe pilot, we read this statute to give the City Council responsibility for setting the actualballot language. lithe City Council disagrees with this interpretation, then the Charter Commission will assume that this_authority was delegated to it as it pertainsto any amendment being proposed by the Charter Commission. Fourth, the responsibility of the City Council ends with after fixing the form of the ballot. Whether the Charter Commission thereafter withdraws its ballot issue is entirety up to the Charter Commission. Just as the City Council cannot prohibit a eandidate from withdrawing 339370v1 SJB LN140-86