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• AGENDA ITEM 3B STAFF ORIGINATOR: Jeff Karlson MEETING DATE: August 13, 2012 TOPIC: Consideration of Resolution Declining Charter Amendments VOTE REQUIRED: Simple Majority (3/5) INTRODUCTION The Council is being asked to consider a resolution declining to submit proposed charter amendments to election. BACKGROUND On January 25, 2012, the Lino Lakes Charter Commission submitted two proposed amendments to the City Charter requesting that both amendments be submitted to the voters at the general election in November. The proposed amendments requested two separate ballot questions, one that would impose a "tax cap" limit according to Sections 275.70 to 275.74, or any lesser limit that applied to future statewide levy limits. The other amendment would define the duties of the Charter Commission and assign certain responsibilities regarding charter amendments to the Charter Commission and City Council. The City's legal counsel has reviewed the two amendments and determined that both amendments are "manifestly unconstitutional." In a written opinion, dated July 25, 2012, Attorney Steve Bubul stated the Tax Cap Amendment is problematic for several reasons and contravenes State public policy and is in part preempted by State law. In another written opinion, City Attorney Joe Langel asserted that the Charter Governance Amendment 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. RECOMMENDATION For the reasons set forth in Mr. Bubul's and Mr. Langel's opinion letters and summarized in Section 1 of Resolution No. 1280, it is recommended that the Council adopt Resolution No. 12- 80, declining submission of proposed charter amendments to election. ATTACHMENTS Resolution No. 12 -80, "Resolution Declining Submission of Proposed Charter Amendments for Election."