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LAw Om as OF William G. Hawkins and Associates 2140 FOURTH AvENUE Nom Legal Assistants ANOKA,MmEsm 55303 WILLIAM G. HAWKINs TAMMI J. UvEGEs PHONE(763)427-8877 BARRY A. SULLIVANAX(763)421-4213AN HOLLY G. PROVO E-MAIL HawkLawI C aol.com October 7, 2005 Ms. Jean Viger Deputy Clerk City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Re: Petition Dear Jean: I am responding to your fax regarding the petition submitted by Robert Bening and Al Demons to the City Council at the September 26, 2005 City Council meeting. I have reviewed the petition as well as the State statute pertaining to amendment of a charter. The provisions in the City Charter are not applicable to the subject matter that is listed in the petition since this is a request to amend the City Charter. The applicable statute that would govern this procedure is Minn. Stat. § 410. Based upon a review of the information submitted and the discussion at the City Council meeting, it does not appear to me that the Petitioners are attempting to institute an amendment to the Charter by petition as authorized in Minn. Stat. § 412.12. The form of the petition does not meet the requirements of State law. It is my opinion that this is merely an advisory petition submitted to the City Council requesting that the Council initiate a proposed ordinance to amend the Charter as provided for in Minn. Stat. § 410, Subd. 5. The Council would have the discretion on whether or not to propose such an ordinance, submit it to the Charter Commission followed by submission to the voters for approval or rejection. In conclusion, the Council has the discretion to determine whether or not to proceed on this request but is not mandated to .do so by the petition. If you have any questions, please contact me. cer ly, William G. Hawkins WGH/tju