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HomeMy WebLinkAbout07-08-2024 Charter Comm Minutes - FinalCharter Commission July 8, 2024 Page 1 1 Approved 01/09/25 1 CITY OF LINO LAKES 2 CHARTER COMMISSION 3 4 5 DATE July 8, 2024 6 TIME STARTED 5:00 p.m. 7 TIME ENDED 5:55 p.m. 8 MEMBERS PRESENT Chair Caroline Dahl, Vice Chair Anthony Frolik, 9 Secretary Waylon Vanderpoel, Commissioners Kelli 10 Damiani, Coral Digatono, John Grattan III, Dean 11 Hausladen, Eric Holmstrom, Dan Nicholson, Angela 12 Obert, Melissa Rodriguez, and Mike Trehus 13 MEMBERS EXCUSED Commissioners Donald Aldentaler, Robert Herr, and 14 Justin Reynolds 15 MEMBERS UNEXCUSED None 16 STAFF MEMBERS PRESENT City Clerk Roberta Colotti, City Administrator Sarah 17 Cotton and City Attorney Jay Squires 18 OTHERS PRESENT: Council Member Dale Stoesz 19 20 21 CALL TO ORDER AND ROLL CALL 22 Chair Dahl reconvened the meeting of the Lino Lakes Charter Commission at 5:00 pm on July 8, 23 2024. 24 25 PLEDGE OF ALLEGIANCE 26 Chair Dahl led the Pledge of Allegiance. 27 28 SETTING THE AGENDA 29 The agenda was accepted as presented without additions. 30 31 OPEN MIC/PUBLIC COMMENT 32 No one present opted to speak for the open mic. 33 34 NEW BUSINESS 35 36 A. Petition for a Charter Amendment, Adding a New Section 1.04 to Charter Chapter 37 1. 38 B. Petition for a Charter Amendment, Adding a New Section 12.15 to Charter Chapter 39 XII. 40 The City Attorney reviewed the process for a Charter amendment by petition and stated that the 41 Commission would need to acknowledge the petitions and pass them to the City Council. He 42 explained that the Charter Commission can only acknowledge the petitions and cannot change 43 them prior to passing to the Council. He explained the due diligence that the City Council and 44 himself would do once received. 45 46 Charter Commission July 8, 2024 Page 2 2 Commissioner Trehus distributed a draft resolution that he would present in response. 47 48 The City Attorney stated that the draft resolution provided by Commissioner Trehus includes 49 authority that the Commission does not have and therefore he would recommend that the 50 Commission acknowledge the petitions as he previously recommended. 51 52 Chair Dahl suggested that details of the petitioned amendments be included in the resolution and 53 the City Attorney agreed those references could be added. 54 55 Commissioner Trehus continued to express his opposition to acknowledging the petitions. 56 57 The City Attorney provided additional details on the proper process for receipt, 58 acknowledgment, and review of the petition. He explained that the only action of the 59 Commission is to acknowledge the petitions. 60 61 The City Clerk provided additional details on the responsibility of the Charter Commission to 62 receive and forward the petitions submitted, noting that the City Council will then determine if 63 the petitions are technically sufficient and legally valid. 64 65 MOTION by Commissioner Trehus, seconded by Commissioner Damiani, to adopt the draft 66 resolution that he presented. 67 68 Further discussion: Commissioner Digatono asked for details on how the Charter Commission 69 could request to amend the Charter. 70 71 The City Clerk clarified that the Charter Commission can meet and propose amendments to the 72 Charter. She explained that in this case, residents have joined together to sign and submit 73 petitions and the role of the Commission is simply to acknowledge receipt and forward that on. 74 75 Commissioner Obert asked for clarification on who should abstain from the vote and the City 76 Attorney provided input. 77 78 Motion passed 9 ayes – 2 nays (Frolik and Vanderpoel) – 1 abstention. 79 80 Commissioner Rodriguez asked for reconsideration given the advice received prior to the vote. 81 82 Commissioner Vanderpoel expressed frustration with what the Commission adopted. He noted 83 that there was a concern that the motion suggested by staff did not include the titles of the 84 petitions, so language was developed to include those details but then the Commission instead 85 chose to use the draft of Commissioner Trehus rather than actual legal counsel. He expressed 86 concern that this action would be defective and would work against the desires of the residents 87 who submitted the petitions for their requests to move forward. 88 89 The City Attorney explained that the Commission could reconsider the motion that was adopted 90 if someone who voted in favor of the motion made such a request. He reiterated his opinion on 91 the draft submitted by Commissioner Trehus and again stated that he preferred the version 92 Charter Commission July 8, 2024 Page 3 3 recommended by the City Clerk. He stated that regardless of what happens today, whether this 93 motion was passed or the motion by the City Clerk, the Council will continue in the process. 94 95 Commissioner Digatono expressed concern with the motion that was adopted, noting that they 96 were confused and believed they were voting on the language recommended by the City Clerk. 97 98 MOTION by Commissioner Digatono, seconded by Commissioner Damiani, to 99 reconsider/rescind the motion that was adopted. 100 101 Motion passed 9 ayes – 2 nays (Trehus and Hausladen opposed). 102 103 MOTION by Commissioner Digatono, seconded by Commissioner Damiani to receive the two 104 petitions for Charter amendment of Sections 1.04, Segregations Prohibited and Section 12.15, 105 Limitations of Pace of Residential Development and forwarding to the City Council in 106 accordance with Minnesota Statute 410.12. 107 108 Motion passed unanimously. 109 110 NEXT MEETING DATE 111 Chair Dahl noted the next regularly scheduled meeting date is October 10, 2024. 112 113 ADJOURN 114 Chair Dahl adjourned the meeting at 5:55 p.m. 115 116 Drafted by: Amanda Staple, TimeSaver Off Site Secretarial, Inc. 117 118 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 1 2024 the City Clerk of Lino Lakes has been working to determine the technical sufficiency of the aforementioned petitions; and, WHEREAS, Since July 1 2024 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 8th day of July, 2024. Attest Caroline Dahl, Chair Roberta Colotti, City Clerk