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CITY OF LINO LAKES <br />RESOLUTION NO. 24-107 <br />A RESOLUTION RELATED TO THE LEGAL VALIDITY OF INITIATIVE AND CHARTER AMENDMENT <br />PETITIONS <br />WHEREAS, on July 111, 2024, the City was presented three petitions executed by residents <br />seeking the placement of matters on the ballot for election; and <br />WHEREAS, the first petition proposed an ordinance be adopted by the Council per Section <br />5.03 of the City Charter, with said ordinance establishing both background investigation and <br />prequalification requirements for those proposing real estate development in the City; and <br />WHEREAS, the second petition proposed the addition of a new Section 1.04 to City <br />Charter that would be titled "Segregation Prohibited", with said proposed amendment <br />prohibiting real estate development and land uses that would be intended for or designed for <br />groups or individuals based on race, color, sex, religious creed, or national origin; and <br />WHEREAS, the third petition proposed the addition of a new Section 12.15 to City Chater <br />that would cap residential development in the City to 80 units per year; and <br />WHEREAS, the City Clerk examined the petitions for technical sufficiency and determined <br />them to be technically sufficient and reported her findings to the City Council on July 8, 2024; <br />and <br />WHEREAS, on July 8, 2024, the Council adopted Resolution Nos. 24-95, 24-96, and 24-97 <br />finding the three petitions technically sufficient but reserving judgment on the legal validity of <br />the petitions; and <br />WHEREAS, between July 8, 2024, and July 22, 2024, the City Attorney undertook an <br />analysis of the legal validity of the three petitions; and <br />WHEREAS, on July 22, 2024, the City Attorney shared his analysis with the City Council <br />and shared his opinion that the three petitions were legally invalid because they conflicted with <br />the State Court of Appeals' decision in Nordmarken v. City of Richfield, as well as other pertinent <br />and applicable legal principles. <br />WHEREAS, on July 22, 2024, the Council acknowledged the concerns of residents <br />reflected in the petition and discussed the possibility of also seeking an Attorney General's <br />opinion on the issue of the validity of the petitions. <br />NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Lino Lakes as follows: <br />1 <br />