HomeMy WebLinkAbout07-08-2024 Charter Comm Minutes - FinalCharter Commission
July 8, 2024
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Approved 01/09/25 1
CITY OF LINO LAKES 2
CHARTER COMMISSION 3
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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
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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
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PLEDGE OF ALLEGIANCE 26
Chair Dahl led the Pledge of Allegiance. 27
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SETTING THE AGENDA 29
The agenda was accepted as presented without additions. 30
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OPEN MIC/PUBLIC COMMENT 32
No one present opted to speak for the open mic. 33
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NEW BUSINESS 35
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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
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July 8, 2024
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Commissioner Trehus distributed a draft resolution that he would present in response. 47
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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
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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
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Commissioner Trehus continued to express his opposition to acknowledging the petitions. 56
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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
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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
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MOTION by Commissioner Trehus, seconded by Commissioner Damiani, to adopt the draft 66
resolution that he presented. 67
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Further discussion: Commissioner Digatono asked for details on how the Charter Commission 69
could request to amend the Charter. 70
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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
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Commissioner Obert asked for clarification on who should abstain from the vote and the City 76
Attorney provided input. 77
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Motion passed 9 ayes – 2 nays (Frolik and Vanderpoel) – 1 abstention. 79
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Commissioner Rodriguez asked for reconsideration given the advice received prior to the vote. 81
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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
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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
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July 8, 2024
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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
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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
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MOTION by Commissioner Digatono, seconded by Commissioner Damiani, to 99
reconsider/rescind the motion that was adopted. 100
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Motion passed 9 ayes – 2 nays (Trehus and Hausladen opposed). 102
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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
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Motion passed unanimously. 109
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NEXT MEETING DATE 111
Chair Dahl noted the next regularly scheduled meeting date is October 10, 2024. 112
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ADJOURN 114
Chair Dahl adjourned the meeting at 5:55 p.m. 115
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Drafted by: Amanda Staple, TimeSaver Off Site Secretarial, Inc. 117
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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 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