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MUSA expansion did not require a referendum vote. City Attorney Goodrich had indicated that <br />a legal opinion of that portion of the City Charter has been determined to be unlawful since it is <br />not consistent with the Municipal Land Planning Act. The City Council has adopted the opinion <br />and does not require MUSA expansions to have a referendum vote. Another question was asked <br />whether or not designating an area as mixed-use will lead to possible litigation from developers. <br />Attorney Goodrich had indicated that his initial impression would be that it would not. Since the <br />Comprehensive Plan is a general guide for future land use and the fact that the mixed-use <br />language designates what type of uses are allowed, he felt that there is no greater danger for <br />litigation with the mixed-use designation than there would be for any other land use designation <br />contained in the Comprehensive Plan. However, he had not had the ability to research the matter <br />further. <br /> <br />Councilmember Zimmerman inquired if the amendments required four votes of the Council. <br /> <br />City Attorney Goodrich replied that a simple majority vote was required. <br /> <br />Councilmember Zimmerman inquired if there was nothing in the City of Ramsey that required a <br />4/5ths vote in the City of Ramsey. <br /> <br />City Attorney Goodrich explained that State Statute has stated that a simple majority vote is <br />required for rezoning, except for rezoning from residential to commercial or industrial. <br /> <br />Councilmember Zimmerman inquired if any amendment passed on a 3/5ths vote the City would <br />have to comply and change the zoning regardless of whether it is residential, commercial, <br />industrial, etc. <br /> <br />City Attorney Goodrich replied that that was correct. <br /> <br />Councihnember Zimmerman stated that it was then a fact that they do not need four votes for any <br />rezoning. <br /> <br />City Attorney Goodrich explained that the issue would be that the amendment would pass but the <br />rezoning would not pass if they were rezoning property from residential to commercial/industrial <br />without a 4/5ths vote, so it would probably end up a court case. <br /> <br />Principal Planner Trudgeon reviewed the following Comprehensive Plan Amendments: <br /> <br />Rum River Golf Course <br /> <br />Principal Planner Trudgeon stated that the City received a request to change the land use from <br />Rural Developing to "Places to Shop" per the Rum River Hills Planned Unit Development. The <br />Planning Commission recommended the change unanimously. <br /> <br />City Council/February 26, 2002 <br /> Page 15 of 35 <br /> <br /> <br />