05/01/2006 Council Packet - Laserfiche WebLink

Home Search

• • • I S�'Nt im t,,d WORK SESSION ITEM 10 LAW OFFICES OF Hawkins and Associates 1' zoo& William G. Haw WILLIAM G. HAWKINS Legal Assistants TAMMI J. UVEGES BARRY A. SULLIVAN HOLLY G. PROVO April 25, 2006 Julianne Bartell Lino Lakes City Clerk Lino Lakes City Hall 600 Town Center Parkway Lino Lakes, MN 55014 Re: Proposed Amendment to Lino Lakes City Charter Dear Julie: 2140 Four AVENUE NORTH ANOxA, MINNESOTA 55303 PHONE (763) 427 -8877 FAX (763) 421 -4213 E -MAn. HawkLawl@aol.com I have reviewed the letter dated April 24, 2006 from Ms. Warren, the Chair of the Lino Lakes Charter Commission, regarding the proposed amendment to the Charter. In the letter, Ms. Warren asks this office to advise whether a Charter amendment agreed upon by the City Council and the Charter Commission may be ratified without presentation on the ballot. The manner of adopting and amending city charters is contained in Minn. Stat. Chap. 410. Section 410.12 (2004) sets forth the different procedures to be utilized when amending a charter. There is more than one procedure. In the current process, the City is amending the Charter pursuant to Section 410.12, Subd. 5. Under that process, the City Council proposes a Charter amendment to the voters by ordinance. The proposed ordinance is to be submitted to the Charter Commission which has 60 days to review and shall approve, reject or suggest a substitute amendment. The Charter Commission can extend the review period for an additional 90 days by filing with the City Clerk a resolution determining that an extension is necessary. The Charter Commission is to notify the City Council of its action. The City Council may then submit the proposal to the voters. If approved by 51% or more of the voters, the amendment would take effect. All Council approvals require a simple majority.