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01/18/2006 Council Packet
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01/18/2006 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
01/18/2006
Council Meeting Type
Work Session Regular
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• <br />• <br />LAW OFFICES OF <br />William G. Hawkins and Associates <br />WILLIAM G. HAWKINS <br />BARRY A. SULLIVAN <br />October 7, 2005 <br />Legal Assistants <br />TAMMI J. UVEGES <br />HOLLY G. PROVO <br />Ms. Jean Viger <br />Deputy Clerk <br />City of Lino Lakes <br />600 Town Center Parkway <br />Lino Lakes, MN 55014 <br />Re: Petition <br />Dear Jean: <br />2140 FOURTH AVENUE NoRrtt <br />ANOKA, MINNESOTA 55303 <br />PHONE (763) 427-8877 <br />FAX (763) 421 -4213 <br />E -MAn HawkLawl @aol.com <br />I am responding to your fax regarding the petition submitted by Robert Bening and Al <br />Demotts to the City Council at the September 26, 2005 City Council meeting. <br />I have reviewed the petition as well as the State statute pertaining to amendment of a <br />charter. The provisions in the City Charter are not applicable to the subject matter <br />that is listed in the petition since this is a request to amend the City Charter. The <br />applicable statute that would govern this procedure is Minn. Stat. § 4.10. Based upon <br />a review of the information submitted and the discussion at the City Council meeting, <br />it does not appear to me that the Petitioners are attempting to institute an amendment <br />to the Charter by petition as authorized in Minn. Stat. § 1y12. The form of the <br />petition does not meet the requirements of State law. <br />shout 10 <br />It is my opinion that this is merely an advisory petition submitted to the City Council <br />requesting that the Council initiate a proposed ordinance to amend the Charter as <br />provided for in Minn. Stat. § 410, Subd. 5. The Council would have the discretion on <br />whether or not10-pmpose such an ordinance, submit it to the Charter Commission <br />followed by submission to the voters for approval or rejection. <br />In conclusion, the Council has the discretion to determine whether or not to proceed <br />on this request but is not mandated to do so by the petition. If you have any <br />questions, please contact me. <br />William G. Hawkins <br />WGH /tju <br />
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