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CITY OF LINO LAKES RESOLUTION NO. 14-88 RESOLUTION DECLINING SUBMISSION OF PETITION FOR INLCUSION ON THE BALLOT WHEREAS, under the City's Charter, the people of Lino Lakes reserve the right to propose ordinances through initiatives and referendums; and WHEREAS, on July 29, 2014, a committee of Lino Lakes voters submitted a petition to put an ordinance on the general election ballot, which the City Clerk determined to be sufficient by having the required number of signatures in accordance with Section 5.03 of the City Charter; and WHEREAS, the petition proposes an ordinance that would require voter approval for withdrawal from the Centennial Fire District; and WHEREAS, Minnesota courts have consistently ruled against initiatives and referendums that interfere with city councils' exercise of discretion in administrative matters; and WHEREAS, these court decisions have recognized that the power of initiative to annul or delay executive conduct would destroy the efficient and successful administration of municipal affairs; and WHEREAS, the City Council's resolution to withdraw from the Centennial Fire District was administrative in nature and not legislative; and WHEREAS, the petition seeks to annul the Council's authority over this administrative matter and is, therefore, invalid. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the Council declines to submit the petition to Anoka County for placement on the ballot in view of the fact that it is an invalid petition. 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 IRa-14,x,,-11 and was duly seconded by Council Member 1-}0e5-), and upon vote being taken thereon, the following voted in favor thereof: `R &- ,A.t-1-ii, 5-1-o e s z, RD es t, -14 s -f -e r The following voted against same: ATTEST: J s i. a Bartell, City C -rk Jeff Reinert, a or