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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: 1 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 2 0,11 jobafferty, Mayor