01-09-25 - Charter Commission Agenda Packet.docx

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LINO LAKES CHARTER COMMISSION RESOLUTION NO. 24-01 TAKING ACTION AS SPECIFIED BY THE LINO LAKES CITY CLERK REGARDING TWO CITIZEN PETITIONS FOR CHARTER AMENDMENTS WITH RESPECT TO THE PROVISIONS OF MN STATUTES 410.12. WHEREAS, Article VII Sec. 5 of the Constitution of the State of Minnesota states "Home rule charter amendments may be proposed by a charter commission or by a petition of five percent of the voters of the local government unit as determined by law and shall not become effective until approved by the voters by the majority required by law;" and, WHEREAS, MN Statutes 410.12 Subd. 1 states "The charter commission may propose amendments to such charter and shall do so upon the petition of voters equal in number to five percent of the total votes cast at the last previous state general election in the city; and, WHEREAS, On July 1, 2024, two citizen petitions for two proposed charter amendments were filed with the Lino Lakes Charter Commission (LLCC), specifically with Chair Dahl; and, WHEREAS, On behalf of the LLCC, on July 1, 2024, Chair Dahl transmitted the two aforementioned petitions to the City Council in the office of the City Clerk of Lino Lakes; and, WHEREAS, Since July 12024 the City Clerk of Lino Lakes has been working to determine the technical sufficiency of the aforementioned petitions; and, WHEREAS, Since July 12024 the City Attorney for Lino Lakes has been working to determine the legal sufficiency of the aforementioned petitions; and, WHEREAS, In 2008 a Citizen Petition was found sufficient by the Lino Lakes City Council and proceeded without contest to the November 2008 Election day ballot, yet the record shows no vote of any kind by the LLCC on the matter; and, WHEREAS, After conferring with the City Attorney, the City Clerk of Lino Lakes has called for a meeting of the LLCC on July 8, 2024 for the purpose of proposing the two amendments based on the submission of the petitions. NOW, THEREFORE, BE IT RESOLVED by the Lino Lakes Charter Commission, as explicitly and precisely required by MN Statutes 410.12, that the two aforementioned Charter amendment proposals are proposed to be submitted to the voters in an election in accordance with the statute, contingent upon their certification by the City Clerk as required by MN Statutes 410.12 Subd. 3 and other laws and rulings of courts of competent jurisdiction as may apply. Adopted by the Lino Lakes Charter commission this 81h day of July, 2024. Attest Roberta Colotti, City Clerk Caroline Dahl, Chair