Agenda - Council - 09/23/1997 - Laserfiche WebLink

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I I METROPOLITAN COUNCIL Mca.rs Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 (612) 291-6359 TDD (612) 201-0904 DATE: September $, 1997 TO: Metropolitan Council Community Development Committee FROM: Richard Thompson, Jay Lindgren Implications of Charter Amendments in Ramsey INTRODUCTION The city of Ramsey is a charter city in the state of Minnesota. Under Minnesota law, a city may choose to establish a city charter which then allows a city to adopt procedures which axe more spec:ifie than those contained in state law. In general, the provisions cfa charter, if not contrary to the public poli~ of the state, override general laws with respect to the same subject. A city charter may be modified through amendment. An amendment may be adopted through any one of thsee basic procedures: (1) Petition--A petition may be properly submitted and approved by a majority of qualified city voters at a general or spec/al election. (2) Council Proposal-A city courmil my.propose charter amendments to the voters by ordinance and a majority of the voters may approve the amendment at a general or special election. (3) Ordinance--A city council may, upon request of the city's charter commission, enact a charter amendment by ordinance. The ordinance is not effeexive until 90 days after proper passage and publication. Within 60 days after passage and publication, the ordinance may be submitted to a referendum upon re~ipt cfa petition signed by qualified voters equal in number to two percent of the total votes cast in the city in the state's last general election, or 2000 whichever is less. If a referendum is called, the amendment by ordinance is not effective until approved by a majority of voters at a special or general election. Thc procedure outlined in (1) above has been followed in thc city of Ramscy on two occasions in 1995 and 1996 to pass charter amendments that affect the land use and planning capabilities of the city. A third proposed amendment related to planning and density is scheduled for a referendum on September 22, 1997. ANALYSIS The first charter amendment, adopted in 1995, is fairly simple in its language and its intent. It states that "modification of the MUSA. must be initiated by a 4/5 vote of the city council." It continues "upon completion of the planning process, the proposed modification must he approved by a majority of registered voters prior to its implementation or submission to any outside regulatory body." After these conditions, the amendment states that "this chapter is not intended tO alter the planning and evaluation process required by law." The effect of this amendment is that a MUSA change, which is usually needed to provide higher density, sewered development cannot be initiated without a 4/5 vote. (Initiation of such action usually requires a simple.majority of the city council.) After the pl.'ming process proceeds, which presumably indudes rcvicw of the proposal by the planning commission with public hcaxings, the issue is brought to the city council where a referendum is ~cheduled. Presumably, the nature of the referendum is to allow the proposed MUSA expansion to be submitted to an "outside regulatory body" [Metropolitan Council]. If a