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CITY COUNCIL WORK SESSION August 4, 2014 DRAFT DATE TIME STARTED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES MINUTES : August 4, 2014 . 5:30 p.m. : Council Member Stoesz, Kusterman, Rafferty, and Mayor Reinert : Council Member Roeser Staff members present: City Administrator Jeff Karlson; Community Development Director Michael Grochala; Public Safety Director John Swenson; Finance Director Al Rolek; Public Services Director Rick DeGardner; City Attorney Joseph Langel; City Clerk Julie Bartell 2. Proposed Charter Amendment to Create Ward System (August 11 agenda) — City Attorney Langel reviewed and summarized his written opinion. The opinion explains that the Charter Commission has authority to propose a ward system for voter consideration but the amendment submitted has three problems. The districting function that is included with a ward system is given to the Charter Commission while State law places that control with the city council. The timing of filing of ward boundaries conflicts with State law. And the city council cannot be obligated by the charter to provide additional funding to the Charter Commission. For the reasons noted, Mr. Langel explained that the amendment proposed isn't consistent with law and shouldn't be forwarded to Anoka County to be included on the ballot for this fall. Administrator Karlson noted that he has prepared a resolution declining submission of the amendment to the ballot and that resolution will be before the Council at their meeting on August 11. Charter Commission Chair Connie Sutherland noted that the language approved by the Commission is actual language from the charters of the Cities of St. Paul and Blaine. 1. Review Options Related to Citizen Petition (August 11 agenda) — City Attorney Langel recalled that in January, the city council passed a resolution regarding their decision to withdraw from the Centennial Fire District (CFD). That is the only formal action that the council must take and that action, in fact, started the clock on the withdrawal. Recently a citizen petition was submitted under the initiative/referendum section of the City Charter. Upon examination of the language of that petition, it calls for the voters to consider a question that would change an administrative action of the council. Mr. Langel explained that the Charter initiative and referendum process is limited to legislative decisions. In the case of the CFD withdrawal, there's been no legislative action on the city's part. If the petition question were placed on the ballot, the voters would be reviewing an executive decision and court case law clearly states that the power of initiative/referendum cannot be used to reverse an administrative action of the