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• <br />• <br />AGENDA ITEM <br />STAFF ORIGINATOR: Julie Bartell, City Clerk <br />MEETING DATE: March 27, 2006 <br />TOPIC: Referral of Charter Amendment regarding incompatible <br />offices <br />VOTE REQUIRED: Majority <br />BACKGROUND <br />Two Lino Lakes residents submitted a petition requesting a Charter amendment to the <br />City Council on September 26, 2005. The amendment would change the City Charter <br />to not allow City Council Members (including the Mayor) to also be members of the <br />Lino Lakes Charter Commission. Based on a review of the petition by the City <br />Attorney and a determination that the petitioners are not attempting to institute an <br />amendment under Minnesota Statutes, Section 410 as the petition does not meet the <br />requirements of that statute, the petition was found to be "advisory" in nature and <br />considered a request for ballot consideration by the City Council. <br />The Council directed staff to prepare a timeline indicating the process and schedule <br />such an amendment could follow in order to be presented on the November 7, 2006 <br />ballot. That schedule was reviewed at the Council's. March 13 work session and <br />direction was given to prepare the amendment for referral to the Charter Commission, <br />the first step in the process designated by Minnesota Statutes, Section 410.12, Subd 5 <br />Amendments Proposed by Council. The amendment has been drafted in ordinance <br />form. <br />OPTIONS <br />1. Refer Ordinance No. 04 -06 (Amending Chapter 2 of the Lino Lakes City <br />Charter by amending Section 2.04 re Incompatible Offices to add language <br />disallowing City Council members or the mayor from serving on the Charter <br />Commission) to the Lino Lakes Charter Commission. <br />2. Continue discussion of the proposed charter amendment; <br />3. Reject referral of the proposed charter amendment to the Charter <br />Commission. <br />ATTACHMENTS <br />1. The petition (sample page) and City Attorney's opinion; <br />2. Minnesota Statutes, Section 410.12, relating to charter amendments; <br />3. Timeline for consideration of a Charter Amendment by ordinance; <br />4. Proposed Ordinance No. 01 -0 <br />— 3 '2. _., <br />