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Further discussion: Councilmember Anderson stated that her intent is to continue working on <br />the Density Transition Ordinance to see if they can come to some type of an agreement. <br />Councilmember Hendriksen stated that comments were made at the last meeting that the recent <br />election was part of a mood shift indicating the citizens were no longer concerned about this <br />issue and a way to find out if that is the case would be to hold a special election. He stated that <br />he hopes that the Council does not cancel the special election so that they can find out just how <br />out of step they are with the citizens of Ramsey. If it tums out that the voters choose not to <br />approve the Density Transition Ordinance, then the issue will be dropped, but he does not expect <br />that to be the situation. Mayor Gamec stated that he made the motion to rescind the special <br />election based on recommendation of the City Attorney and a pending lawsuit. Councilmember <br />Hendriksen inquired as to what pending lawsuit the Mayor .was referencing. Mayor Gamec <br />clarified that he was referring to a lawsuit that has been threatened. Councilmember Zimmerman <br />stated that residents have stated a position and a person's homes is probably the biggest <br />investment that they will make. For that reason, the residents will not quit until they get the <br />protection they asked for. Councilmember Kurak stated she was not a member of the Council <br />during the voting on the Density Transition Ordinance and inquired as to why the special election <br />would not be a legal election. City Attorney Goodrich replied that initially they discussed the <br />timing of the election which was to take place on January 3, 2001, then was later determined that <br />the election could not be held any sooner than January 13, 2001. The second issue pertaining to <br />the special election had to do with the other means of adopting ordinances in the City of Ramsey. <br />An ordinance has never been adopted in this fashion and would probably not be acceptable. <br />Councilmember Kurak stated that she received a letter from Kerry Manuel stating that since she <br />is a landowner in Ramsey, any ordinance that impacts development she could benefit from <br />financially could present a conflict of interest. She inquired if legally the City Attorney felt that <br />there was a conflict of interest on her voting to rescind the election. City Attorney Goodrich <br />replied that there would not be a conflict of interest because everyone on the City Council .is a <br />landowner and there is a not direct financial impact on a broad ordinance dealing with the entire <br />City. Councilmember Kurak requested clarification that rescinding the election would not stop <br />the Council from drafting an ordinance that would still address the residents' concern. City <br />Attorney Goodrich replied that was correct. Councilmember Hendriksen replied that he does not <br />always agree with the opinion of the City Attorney. One issue where there is some disagreement <br />is whether or not the special election would provide for a valid ordinance. The City Attorney has <br />indicated that there are three methods listed in the Charter in regard to adopting an ordinance, but <br />Mr. Hendriksen felt that Section 1.2 titled Power of the City would indicate that simply because <br />a method is not mentioned does not mean that other methods would not produce a binding <br />ordinance. Mr. Hendriksen stated that he does agree with Mr. Goodrich's opinion that legally <br />Councilmember Kurak can vote on the issue, but feels there is an ethical issue and referenced the <br />League of Minnesota. It was his personal opinion that considering the considerable amount of <br />land interest that Councilmember Kurak has in the City, he would hope that she abstains from <br />voting. Councilmember Anderson replied that the citizens of Ramsey voted for Councilmember <br />Kurak to sit on the Council and it has never been a secret that she and her husband own a lot of <br />property in the City. Councilmember Kurak inquired if Councilmember Hendriksen believed <br />that if she voted in favor of rescinding the special election that she would benefit financially. <br />Councilmember Hendriksen replied that it is no secret that if the Density Transition Ordinance <br /> <br />City Council/January 9, 2001 <br /> Page 17 of 35 <br /> <br /> <br />