Agenda - Council - 01/09/2001 - Laserfiche WebLink

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-330- Bo Y A. SuLuIV A"ZFORNEY AT LAW 2140 FOURTH AVENUE N. ANOtC~X, MINNESOTA 55303 763-427-8877 Fax 763-421-4213 December 21, 2000 Mr. James Norman Ramsey City Administrator City Hall 15153 Nowthen Boulevard N.W. Ramsey, MN 55303 Re: Special Election Zoning Ordinance Amendment Dear Mr. Norman: Please be advised that I have been retained to represent Mr. Ben Deemer, a resident of the City of Ramsey. It is my understanding that the City Council for the City of Ramsey has recently adopted a resolution requiring a binding special election on an ordinance to amend the zoning ordinance with respect to a density transition. It is my further understanding that the proposed ordinance was heard by the City Council and failed to pass for lack of a two-thirds vote. Nonetheless, the Council by simple majority passed a resolution putting the matter to the voters on a special election through a charter provision. The purpose of this letter is to advise you that I believe the resolution calling for a special election of the voters on the zoning amendment is unlawful. I am requesting that the City Council reconsider this resolution and determine to cancel the special election. It is fundamental law that municipalities have only such power as is delegated to them by the legislature. The power to plan and zone is conferred to municipalities through Minn. Stat. Chapter 462. Specifically', Section 462.357 (1998) authorizes municipalities to adopt and amend zoning ordinances. However, the power to amend a zoning ordinance rests specifically with the city council and may not be delegated to the voters. Section 462.357, Subd. 2 (1998) clearly provides that "...a governing body may adopt and amend a zoning ordinance by a two-thirds vote of all its members. (Emphasis supplied) The i I I I I I I I