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• <br />• <br />LARRY S. SEVERSON <br />JAMES F. SHELDON# <br />MICHAEL G. DOUGHERTY* <br />MICHAEL E. MOLENDA# <br />LOREN M. SOLFEST *$ <br />SHARON K. HILLS <br />ROBERT B. BAUER* <br />TERRENCE A. MERRITT$ <br />ANNETTE M. MARGARIT <br />STEPHEN A. LING* <br />July 27, 2009 <br />SEVERSON, SHELDON, <br />DOUGHERTY & MOLENDA, P.A. <br />Dan Tesch, City Administrator <br />City of Lino Lakes <br />600 Town Center Parkway <br />Lino Lakes, Minnesota 55014 <br />A PROFESSIONAL ASSOCIATION <br />ATTORNEYS AT LAW <br />SUITE 600 <br />7300 WEST 147TH STREET <br />APPLE VALLEY, MINNESOTA 55124 -4517 <br />(952) 432-3136 <br />TELEFAX NUMBER (952) 432 -3780 <br />www.seversonsheldon.com <br />Re: Proposed Charter Commission Amendment <br />Our File No. 10555 -28517 <br />Dear Mr. Tesch: <br />GARY L. HUUSKO# <br />CHRISTINE J. CASSELLIUS$ <br />BRIAN J. WISDORF* <br />MICHAEL D. KLEMM#* <br />EMILY FOX WILLIAMS <br />MATTHEW J. SCHAAP <br />THOMAS R. DONELY <br />JESSICA L. SANBORN <br />RYAN J. HIES <br />WILLIAM M. TOPKA <br />ERIN. E. BOERSCHEL <br />Pursuant to your request, we have reviewed the proposed amendment to the City's Charter, <br />which was hand delivered by letter to City Hall on July 13, 2009. According to the letter, on <br />July 9, 2009, the Charter Commission voted to recommend an amendment by ordinance to the <br />Charter. The proposed Charter amendment reads as follows: <br />All regular open council meetings, the Open Mike portion, and <br />council work sessions shall be televised. Should the City Council <br />determine it is necessary to exempt a given council meeting or <br />council work session from this procedure, they may do so by <br />motion. <br />We note that the published agenda for the July 9, 2009, meeting does not mention discussion of a <br />proposed Charter amendment; however, the special meeting notice for July 23, 2009, does <br />indicate that an update from a subcommittee on a possible Charter amendment will be discussed <br />at that meeting. <br />The July 13, 2009, letter does not indicate the number of members present or what the vote was <br />on the amendment. There is nothing in the Charter, Charter Commission Bylaws, or Minnesota <br />Statutes Section 410.07 which specifically addresses Charter Commission voting requirements <br />on amendments to the City Charter, so a majority vote of the members present at a meeting <br />(assuming a quorum exists) appears to be sufficient.' City staff may want to confirm there was <br />the required quorum and majority vote of those present approved the amendment. <br />"Amendment by ordinance. Upon recommendation of the charter commission the city council may enact a <br />charter amendment by ordinance." Minn. Stat §410.12 subd. 7. <br />INDIVIDUAL ATTORNEYS ALSO LICENSED IN IOWA, WISCONSIN AND MISSOURI <br />QUALIFIED NEUTRAL UNDER RULE 114 OF THE MINNESOTA GENERAL RULES OF PRACTICE <br />#REGISTERED PATENT ATTORNEY <br />*MSBA BOARD CERTIFIED REAL PROPERTY SPECIALIST <br />BO ©BPD <br />