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C1TY,�ti1 OF ['NUL KES May 5, 2006 Mr. William G. Hawkins Attorney at Law 2140 Fourth Av S Anoka, MN 55303 Re: Proposed Amendment to the Lino Lakes City Charter Dear Mr. Hawkins: I write in regard to the proposed charter amendment that would disallow city council members from also being members of the charter commission. To date, this amendment has been: a) Presented in petition form by two Lino Lakes residents (the petition was deemed to be advisory in nature and was referred to the City Council as such); b) Prepared in ordinance form and referred by the City Council, after two readings, to the Charter Commission; c) Presented to the Charter Commission at their meeting of April 13 with an advisory that the commission was allowed under State law 60 days (plus 90 days with a request) to review and respond on the proposed amendment. The Charter Commission responded with a communication to the City Council indicating they are requesting the allowed 90 -day extension and also requesting a legal opinion as to whether an amendment agreed upon by the council and the charter commission may be ratified without presentation on the ballot. The attached opinion was received from Barry Sullivan of your firm. After review of the opinion, the council has requested your opinion as to the following. Can the council place the charter amendment on the November 7, 2006 ballot if the amendment that is forwarded by the charter commission fails to receive unanimous approval by the council? Or, if the charter commission fails to act within the state mandated time frame (60 plus 90 days), can the council place the amendment on the ballot? Thank you for your response. Sincerely, Julie Bartell City Clerk 600 Town Center Parkway, Lino Lakes, Minnesota 55014-1182 Phone: 651-982-2400 • Fax: 651-982-2499