Agenda - Charter Commission - 10/23/1997

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Mr. William Goodrich October 13, 1997 Page 3 This is not inconsistent with the holding in A.C.E. Equipment Company v..Erickson, 152 N.W. 2d 739 (Minn. 1967) where it was decided that a provision of Minnesota Statutes, section 462.18 (1961) was not intended to override the procedural requirements of the city of Minneapolis in enacting zoning ordinances. The statute authorized, for cities of the fkst class, the adoption of regulations "only after the affn:mative vote of a majority of the members of the governing body .... "The city building inspector refused to issue a building permit after the mayor vetoed the amendment to the zoning ordinance. The plaintiffs insisted that the statutory procedure controlled and that the mayor had no power to veto the ordinance. The Court stated that: "We cannot accept plaintiffs view since § 462.18 grants to municipalities through their governing bodies the power to regulate zoning by local ordinance. This constitutes an explicit grant of power. Said statute does not dictate the method the local body should utilize while .exercising that power .... The Minneapolis City Charter is such specific legislation [which states how Minneapolis must operate to pass an ordinance] and as such its provisions control in the instant case." P. 741. Significantly, in your case the state statute does dictate the method that applies to subdivision control and specifically prohibits interference by changing development density, lot size and lot layout during the periods prescribed by statute. The plat data information is crucial. Under the conclusions of this letter, the city of Ramsey cannot modify density requirements by 'applying the charter amendments inconsistently with Minn. Stats. § 462.358, subd. 3c. Although this letter responds only to the narrow question relating to the five subdivisions identified in the plat status chart, you should be aware, as I have indicated in my earlier correspondence, that other issues of preemption and conflict may at some point require a response. FBO:ds ~'Floyd/,B. Olson FBO131640 RA125-5!