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CITY COUNCIL AGENDA ITEM 3B STAFF ORIGINATOR: Jeff Karlson MEETING DATE: August 11, 2014 TOPIC: Resolution Declining Submission of Petition VOTE REQUIRED: 3/5 INTRODUCTION The Council will be considering a resolution declining submission of a petition to the general election ballot. BACKGROUND On July 29, 2014, a committee of firefighters and Lino Lakes voters submitted a petition to put an ordinance on the general election ballot that would require voter approval for withdrawal from the Centennial Fire District. In accordance with the City Charter, City Clerk Julie Bartell immediately began the process if verifying the signatures to determine the sufficiency of the petition. Ms. Bartell completed that process last week and determined that 745 of the 880 signatures submitted were valid. To make an initiative, the City Charter requires that at least five percent of registered voters sign the petition. In this case, 601 signatures were needed. City Attorney Joe Langel was asked to review the petition to determine whether it was a proper use of the initiative power granted by the City's Charter and Minnesota Statutes, Section 410.20. Mr. Langel found that Minnesota courts have consistently ruled against initiatives and referendums that interfere with city councils' exercise of discretion in administrative matters. Mr. Langel said the City Council's resolution to withdraw from the Centennial Fire District was administrative in nature and not legislative. Because the petition seeks to annul the Council's authority over this administrative matter, Mr. Langel stated that the petition was invalid. He recommended that the Council not forward the petition to Anoka County for placement on the ballot. RECOMMENDATION Adopt Resolution No. 14-88. declining submission of petition for inclusion on the ballot. ATTACHMENTS Resolution No. 14-88