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L., AGENDA ITEM 3A STAFF ORIGINATOR: Jeff Karlson MEETING DATE: August 11, 2014 TOPIC: Consideration of Resolution Declining Charter Amendment VOTE REQUIRED: Simple Majority (3/5) INTRODUCTION The Council is being asked to consider a resolution declining to submit a proposed charter amendment to election. BACKGROUND On July 7, 2014, the Lino Lakes Charter Commission submitted a proposed amendment to the City Charter requesting that it be submitted to the voters for the November 4th general election. The proposed amendment requested a ballot question that would split the city into four wards, with one city council member elected from each ward. In a written opinion, dated July 16, 2014, City Attorney Joe Langel identified three provisions in the amendment that conflict with state law. Mr. Langel is recommending that the amendment not be submitted to the voters for 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 that 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 it deems necessary (Minn. Stat. §410.06). The City Council cannot be forced to provide additional funds to the Charter Commission. RECOMMENDATION It is recommended that the Council adopt Resolution No. 14-77, declining submission of proposed charter amendments to election. ATTACHMENTS Resolution No. 14-77, "Resolution Declining Submission of Proposed Charter Amendment for Election."