Agenda - Council - 04/09/2002 - Laserfiche WebLink

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,! ! Case #6a: Ramsey Comprehensive Plan Amendments Principal Planner Trudgeon stated that on December 18, 2001, the Ramsey City Council adopted the March 2001 draft Comprehensive Plan along with new language regarding the Central Rural Reserve Area. During the summer and fall of 2001, the City Council met with' facilitator Larry Bakken to work towards resolution on some of the outstanding issues form the March 2001 draft of the Comprehensive Plan. From those discussions, staff received direction from the City Council to bring forward text and future land use map amendments for consideration. On January 24, 2002, the City Council and Planning Commission held a joint public hearing to consider the amendments. The City Council and Planning heard testimony in regards to the proposed land use changes. In addition, several other issues were raised at the public hearing that the City council should consider. During the public hearing, a question was raised why the MUSA expansion did not require a referendum vote. City Attorney Goodrich had indicated that a legal opinion of that portion of the City Charter has been determined to be unlawful since it is not consistent with the Municipal Land Planning Act. The City Council has adopted the opinion and does not require MUSA expansions to have a referendum vote. Another question was asked whether or not designating an area as mixed-use will lead to possible litigation from developers. Attorney Goodrich had indicated that his initial impression would be that it would not. Since the Comprehensive Plan is a general guide for future land use and the fact that the mixed-use language designates what type of uses are allowed, he felt that there is no greater danger for litigation with the mixed-use designation than there would be for any other land use designation contained in the Comprehensive Plan. However, he had not had the ability to research the matter further. Councilmember Zimmennan inquired if the amendments required four votes of the Council. City Attorney Goodrich replied that a simple majority vote was required. Councilmember Zimmerman inquired if there was nothing in the City of Ramsey that required a 4/5ths vote in the City of Ramsey. City Attorney Goodrich explained that State Statute has stated that a simply majority vote is required for rezoning, except for rezoning from residential to commercial or industrial. Councilmember Zimmerman inquired if any amendment passed on a 3/5ths vote the City would have to comply and change the zoning regardless of whether is residential, commercial, industrial, etc. City Attorney Goodrich replied that that was correct. Counci hnember Zimmennan stated that it was then a fact that they do not need four votes for any rezoning. City Council/February 26, 2002 Page 15 of 35 -39-