Agenda - Council - 02/13/2001 - Laserfiche WebLink

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he hopes that the Council does not cancel the special election so that they can find out out of step they are with the citizens of Ramsey. If it turns out that the voters approve the Density Transition Ordinance, then the issue will be dropped, but he that to be the situation. Mayor Gamec stated that he made the motion to res special election based on recommendation of the City Attorney and a pending inquired as pending Mayor was Hendriksen to what lawsuit the clarified that he was referring to a lawsuit that has been threatened. stated that residents have stated a position and a person's the bi investment that they will make. For that reason, the residents .... they get the protection they asked for. Counc~lmember Kurak stated she was:~ot a" ber of the Counml during the voting on the Density Transition Ordinance and ~d as to why the special election would not be a legal election. City Attorney Goodrich~,rd~J~'~d that i~,~lly they discussed the timing of the election which was to take place on Jan,u,,~3;.2001, then": 'later determined that the election could not be held any sooner than Janu~?~'~'i'!ii~O1. The pertaining to the special election had to do with the other means of ado City of Ramsey. An ordinance has never been adopted in this fashion and not be acceptable. Councilmember Kurak stated that she received a letter from that since she is a land owner in Ramsey, any ordinance that impacts developm from financially could present a conflict 9ifi~!~e~t,~he inquired if legally felt that there was a conflict of interest ~?;~y;t ?es~ind the election. Goodrich replied that there would not beT~,:~'~n~!'z~, of in~i'~'t'~b:"i~t~ everyone on the City Council is a landowner and there is a not dlr%t fin~0,91 impact ~??~ii~:i0rd~ce dealing with the entire City. Councilmember Kurak requested ~]!~ficatiori"~hht resci ~he election would not stop · . ~,~ ;:~!,~ ~5~-~~ . ~.-.~.(-" the Council from drafting an or&nance ~a~ ~J~' st~ll ad~sg the residents' concern. City Attorney Goodrich replied that was correct?~'~h~ilmember ~}ndriksen replied that he does not always agree w~ ith".tt~e opi~j,9.[! of the City At~':e;~:¢~y. One issue where there is some disagreement is whether ~r ni0t {he specia1:'e!ection would p~id~e~,f0r,a valid ordinance. The City Attorney has indicated .that.there are three?~'ethods listed in ~i~.!'~h'~er in regard to adopting an ordinance, but Mr. Hendriksen felt that Sed~n 1.2 titled Po~ik)'f the City would indicate that simply because a method is not mentioned does .not mean,,~i, that other methods would not produce a binding ordinance. Mr. Hendrikseff'stated::that he:does agree with Mr. Goodrich's opinion that legally Councilmember Kurak can vote on the i~'~ue, but feels there is an ethical issue and referenced the ?"?:~'Ce~gue of Minneso'fa}' i It was his personal opinion that considering the considerable amount of i~fi'd-interest that CoufiCilmemb~r ,Kurak has in the City, he would hope that she abstains from voting. Councilmember ~i~rS6~ replied that the citizens of Ramsey voted for Councilmember .'~, '~ .., ,-: :, . Kurak to s~t on, the Council and ~t has never been a secret that she and her husband own a lot of property ~n the;,C~ty. Counc~lmember Kurak ~nqmred ~f Counc~lmember Hendnksen beheved that if she voted m favor of rescinding the special election that she would benefit financially. Councilmembei:i,Hendriksen replied that it is no secret that if the Density Transition Ordinance becomes law th~ density permitted on her property will be reduced and the density achieved is '::'~,i, directly based ~on the revenue· He stated that he agreed with the City Attorney that legally C0Uncilmember Kurak can vote, but if he were in her situation he would abstain. C°'un~ilmember Kurak replied that she would not be voting down an ordinance discussed by the COunCil in 2000. She noted that she has not had an opportunity to discuss her opinion regarding City Council/January 9, 2001 Page 17 of 34 -63-