HomeMy WebLinkAboutResolution 24-107CITY OF LINO LAKES
RESOLUTION NO. 24-107
A RESOLUTION RELATED TO THE LEGAL VALIDITY OF INITIATIVE AND CHARTER AMENDMENT
PETITIONS
WHEREAS, on July 111, 2024, the City was presented three petitions executed by residents
seeking the placement of matters on the ballot for election; and
WHEREAS, the first petition proposed an ordinance be adopted by the Council per Section
5.03 of the City Charter, with said ordinance establishing both background investigation and
prequalification requirements for those proposing real estate development in the City; and
WHEREAS, the second petition proposed the addition of a new Section 1.04 to City
Charter that would be titled "Segregation Prohibited", with said proposed amendment
prohibiting real estate development and land uses that would be intended for or designed for
groups or individuals based on race, color, sex, religious creed, or national origin; and
WHEREAS,, the third petition proposed the addition of a new Section 12.15 to City Chater
that would cap residential development in the City to 80 units per year; and
WHEREAS, the City Clerk examined the petitions for technical sufficiency and determined
them to be technically sufficient and reported her findings to the City Council on July 8, 2024;
and
WHEREAS, on July 8, 2024, the Council adopted Resolution Nos. 24-95, 24-96, and 24-97
finding the three petitions technically sufficient but reserving judgment on the legal validity of
the petitions; and
WHEREAS, between July 8, 2024, and July 22, 2024, the City Attorney undertook an
analysis of the legal validity of the three petitions; and
WHEREAS, on July 22,. 2024, the City Attorney shared his analysis with the City Council
and shared his opinion that the three petitions were legally invalid because they conflicted with
the State Court of Appeals' decision in Nordmorken v. City of Richfield, as well as other pertinent
and applicable legal principles.
WHEREAS, on July 22, 2024, the Council acknowledged the concerns of residents
reflected in the petition and discussed the possibility of also seeking an Attorney General's
opinion on the issue of the validity of the petitions.
NOW THEREFORE., BE IT RESOLVED, by the City Council of the City of Lino Lakes as follows:
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1. Lino Lakes, as a city, derives its statutory authority to regulate the use of
land from both the Municipal Planning Act, Minn. Stat. 462.351-364 and
the Metropolitan Land Planning Act, Minn. Stat. §473.85-871
2. In Nordmarken v. City of Richfield, 641 NW2d 343 (Minn. App. 2002) and
subsequent concurring case law, the Court of Appeals has held that charter
initiative petitions and charter amendments proposed by petitions that
constrict., dictate, or prohibit land use decisions by the City are preempted
by State law.
3. The City Attorney offered his opinion on July 22, 2024, that the above
principles in case law, as well as other pertinent legal principles, render the
three petitions legally invalid. The Council acknowledges and accepts the
City Attorney's opinion.
Adopted by the City Council of the City of Lino Lakes on this 12 1h day of August 2024.
ATTEST:
Roberta Colottil, CIVIC/ City Clerk
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jobafferty, Mayor