Laserfiche WebLink
William K. Goodrich <br />Page 3 <br /> <br /> OPINION <br /> <br /> In our opinion, this question is answered in the <br />negative. Such action by the City Council would be an <br />inappropriate attempt by the City to bypass an earlier referendum <br />result on a matter properly subject to referendum. In the Ramsey <br />City Charter, the citizens of Ramsey reserved to themselves the <br />referendum power to disapprove ordinances passed by the City <br />Council. The City's adoption of Ordinance 87-7 was a legislative <br />act and therefore properly subject to the referendum. As a <br />result, the Ramsey City Council may not circumvent the result by <br />adopting a new ordinance similar to Ordinance 87-7. The City <br />Council may, however, pass a new ordinance in good faith which is <br />essentially different from the ordinance voted down. <br /> <br /> The answer to your question depends upon whether the <br />City Council's action in enacting a comprehensive airport zoning <br />ordinance was properly subject to the referendum powers in the <br />Ramsey City Charter. Generally, a city council may not disregard <br />a referendum result by reenacting an ordinance identical or <br />similar to the rejected ordinance.1 <br /> <br />The particular statutes relevant to your question, Minn. Stat. <br />§ 360.063 (1988) (the airport zoning statute) and Minn. Stat. <br />§ 410.20 (1988) (authorizing charter cities to include <br />referendum powers for the review of ordinances), do not state <br />whether airport zoning ordinances are specifically subject to <br />referendum powers. <br /> <br /> <br />