Minutes - Council - 01/01/1998 - 02/10/98

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amendments. Mr. Hendriksen summarized Ms. Peterson's points. She had some concerns about the impacts of development on adjoining properties. He stated he disregarded that concern as the City of Ramsey has many portions of its zoning chapters that deal with this. Her second point she talked about was the extent a charter deviates from a city's comprehensive plan and the extent it deviates from the zoning laws of that city is really where the city is inviting a law suit. These deviations create an opportunity for land owners to argue that there is a problem. Mr. Hendriksen suggested that Ramsey is now operating under a development moratorium so developers cannot argue that they have been denied the right to develop their property. He stated he hopes the City will implement its zoning laws consistent with the Charter amendments and the Comprehensive Plan consistent with the Charter amendments and close the avenues to whomever would sue the City. Mr. Hendriksen stated the City was eager to implement an ordinance subsequent with the second amendment. If you fail to bring the Comprehensive Plan in compliance with the Charter and the ordinances in compliance with the Charter, in his opinion, the City is inviting lawsuits and that burden falls on the City Council. Jack Miller, 4140 Terrace Lane, Minnetonka, representing Reilley Estates in Ramsey, stated that he has been a property owner in Ramsey since 1970. He began with 265 acres and there are 75 acres left to develop. He summarized the development of the 1970's, 1980's and 1990's. He talked about the nice homes, neighborhoods and good covenants of Rum Acres, Reilley Estates and Juniper Ridge. He could not remember a time in the past when there have been any development arguments. However, a few months ago, he found out there's a Charter amendment that may prevent him from developing his land. There is sewer and water all around his 75 acres and he has a pending deal to develop this property with sewer and water. Now, with the Charter amendment, he understands he will have to develop his property into 2.5 acre lots. He noted that 4% of Ramsey's registered voters passed this law for the entire City. He pointed out that a resident he personally knows to be very active in the community was not even aware that a vote had been taken. Mr. Miller stated he will be starting a lawsuit against the City of Ramsey. He stated he is not doing it out of malice but instead out of respect for the City Council and the City's residents. He also pointed out that if homes have to be built on 2.5 acres of land, maybe one out of ten people will be able to afford to buy a lot. He suggested that whomever drew up the amendment should have had a lawyer review it first as, in his opinion, "it smacks of unconstitutionality on its face". Mr. Miller commented on the street assessment costs of larger lots. He felt that this amendment was in direct conflict with State Statute Chapter 473 and that there is no rational public purpose for 2.5 acre lots. There is no rational public purpose in at least two of the three Charter amendments. He suggested it is an arbitrary taking of our property. He stated that land owners are not protected equally and used the unplatted areas in the community within the MUSA as an example. He suggested this is a vague and indefinite Charter amendment. Proponents of this amendment say lots could be one acre, but the amendment states 2.5 acres. Mr. Miller stated he will leave the City Attorney a rough copy of his intent to sue the City and expressed his sadness that there are neighbors who do not want planned development. Mayor Gamec recessed the Council meeting at 7:28 p.m. to confer with the City Attorney. Mayor Gamec reconvened the meeting at 7:31 p.m. City Council/February 10, 1998 Page 3 of 9