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CITY OF LINO LAKES RESOLUTION NO. 14-77 RESOLUTION DECLINING SUBMISSION OF PROPOSED CHARTER AMENDMENT FOR ELECTION WHEREAS, on July 7, 2014, the Lino Lakes Charter Commission submitted to the City Clerk a proposed amendment to the City Charter and requested that the amendment be submitted to the voters at the general election on November 4, 2014, all in accordance with Minnesota Statutes, Section 410.12, subdivisions 1 and 4; and WHEREAS, the proposed amendment requested a ballot question that would split the city into four wards, with one city council member elected from each ward (The text of the proposed amendment is attached hereto as Exhibit A); and WHEREAS, the City Council, in consultation with the City Attorney, has determined not to submit the Ward System Amendment to the voters for the reasons described below. 1. The proposed Charter amendment requires that the Commission "determine the council election wards (districting)," which conflicts with Minnesota law. State law places sole control over ward boundaries with the City Council, which is referenced in Minnesota Statutes, Section 205.84. 2. The proposed amendment conflicts with Minnesota Election Law, which provides a window of time during which ward boundaries must be redrawn. The proposed amendment requires that the ward boundaries be filed far earlier than the legislative boundaries, which is expressly prohibited. 3. The proposed amendment is in conflict with the statutory requirement that only the City Council "may authorize such additional charter commission expenses as it deems necessary." Minn. Stat. §410.06. The City Council cannot be forced to provide additional funds to the Charter Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that for reasons set forth in the City Attorney's Opinion Letter, dated July 16, 2014, and as summarized above, the Council declines to submit the Ward System Amendment to the voters. Approved by the City Council of the City of Lino Lakes this 11th day of August 2014. The motion for the adoption of the foregoing resolution was introduced by Council Member ct-.i-t-(-1 and was duly seconded by Council Member S-roesz_ and upon vote being taken thereon, the following voted in favor thereof: Gi- 4.-j-11 17-1-0.e s z , Roe Svl. , 9-frA wtewt, The following voted against same: No►.. ATTEST: `.. J ' nne Bartell, City C rk Jeff Reinert, or