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• • CITY OF LINO LAKES RESOLUTION NO. 12-80 RESOLUTION DECLINING SUBMISSION OF PROPOSED CHARTER AMENDMENTS FOR ELECTION BE IT RESOLVED by the City Council of the City of Lino Lakes, Anoka County, Minnesota ( "City ") as follows: Section 1. Background 1.01. By email dated January 25, 2012, the Lino Lakes Charter Commission ( "Charter Commission ") submitted to the City Clerk two proposed amendments to the City Charter requesting that both amendments be submitted to the voters at the general election on November 6, 2012, all in accordance with Minnesota Statutes, Section 410.12, subdivisions 1 and 4. 1.02. The proposed amendments requested two separate ballot questions: one that would limit the City's valorem tax levy to the maximum in accordance with Minnesota Statutes, Sections 275.70 to 275.74 (with certain modifications) or any lesser limit that applies under any future statewide levy limits (the "Tax Cap Amendment "), and one that would define the duties of the Charter Commission and assign certain responsibilities regarding charter amendments to the Charter Commission and City Council, respectively ( the "Charter Governance Amendment "). The text of the two proposed amendments is attached hereto as Exhibit A. 1.03. The City Council, in consultation with the City Attorney and special counsel to the City, has determined not to submit the Tax Cap Amendment and Charter Governance Amendment to the voters for the reasons described below. 1.04. The Tax Cap Amendment is manifestly unconstitutional, contravenes State public policy, and is in part preempted by State law, because (a) it is unconstitutionally vague, being impossible to implement and leaving the City with no clear authority as to the amount of tax levy permitted;, and (b) it contravenes State policy or is preempted by State law in purporting to require or authorize referenda in order to finance utilities in cases where those utilities are not financed in part with special assessments. 1.05. The Charter Governance Amendment is manifestly unconstitutional, contravenes State public policy, and is in part preempted by State law, because (a) it unconstitutionally seeks to expand the duties and responsibilities of the Charter Commission beyond those expressly granted by the legislature in Chapter 410 of the Minnesota Statutes; and (b) it contravenes State policy or is preempted by State law in purporting to permit the Charter Commission to continue to operate in perpetuity, to review all proposed Charter amendments and corresponding 'ballot language, to allow the Commission to create materials and engage in activities related to informing voters of the impact of proposed Charter amendments, and to require the City Council to provide "equal funds and opportunities" to inform the public about a proposed Charter amendment. Section 2. Amendments Rejected. 2.01. For the reasons set forth in Section 1 hereof, the Council declines to submit the Tax Cap Amendment and the Charter Governance Amendment to the voters.