04/10/2006 Council Packet - Laserfiche WebLink

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• • • AGENDA ITEM 3F STAFF ORIGINATOR: Julie Bartell, City Clerk MEETING DATE: April 10, 2006 TOPIC: Referral of Charter Amendment regarding incompatible offices VOTE REQUIRED: Majority BACKGROUND Two Lino Lakes residents submitted a petition requesting a Charter amendment to the City Council on September 26, 2005. The amendment would change the City Charter to not allow City Council Members (including the Mayor) to also be members of the Lino Lakes Charter Commission. Based on a review of the petition by the City Attorney and a determination that the petitioners are not attempting to institute an amendment under Minnesota Statutes, Section 410 as the petition does not meet the requirements of that statute, the petition was found to be "advisory" in nature and considered a request for ballot consideration by the City Council. The Council directed staff to prepare a timeline indicating the process and schedule such an amendment could follow in order to be presented on the November 7, 2006 ballot. That schedule was reviewed at the Council's March 13 work session and direction was given to prepare the amendment for referral to the Charter Commission, the first step in the process designated by Minnesota Statutes, Section 410.12, Subd 5 Amendments Proposed by Council. The amendment has been drafted in ordinance form and received it first reading at the Council Meeting of March 27, 2006. OPTIONS 1. Approve second reading of Ordinance No. 04 -06 (Amending Chapter 2 of the Lino Lakes City Charter by amending Section 2.04 re Incompatible Offices to add language disallowing city council members or the mayor from serving on the Charter Commission) and refer said ordinance to the Lino Lakes Charter Commission. 2. Continue discussion of the proposed charter amendment; 3. Reject referral of the proposed charter amendment to the Charter Commission. ATTACHMENTS 1. The petition (sample page) and City Attorney's opinion; 2. Minnesota Statutes, Section 410.12, relating to charter amendments; 3. Timeline for consideration of a Charter Amendment by ordinance; 4. Proposed Ordinance No. 0z_ 28 -