Minutes - Council - 03/11/1997 - Laserfiche WebLink

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MUSA line. Mike Nixt, 6010 Radium Circle NW, Ramsey, reported on the amount of work he has done on this issue and presented a memo to Council that he felt directly addresses two of the exclusions identified in the ordinance. He stated that at the last Council meeting, he raised the question of when Council amended the last comprehensive plan. Passage of Resolution #93-11- 268 was when the City approved the comp plan amendment dated October 1993. He asked how this could be passed when there was not enough Council present to do so. He stated that it takes 2/3 majority vote of all members of the City Council and he indicated he has the legal authority that supports that. In his opinion, the resolution suggested as affirmation of this action does not meet requirements of State law to pass. Mr. Nixt continued that he reviewed minutes from July 1993, through December 1995, and Resolution #93-11-268 is the only official resolution that had anything to do with passing the comprehensive plan. If the City did not officially do that, then Apple Ridge and Alpine Estates would be prohibited from the MUSA. He suggested the City needs to go back and complete the comprehensive planning process. He commented on the special election in August 1995, where he felt the citizens spoke how they feel about all this. They said they did not want the MUSA in their back yard. He reiterated that if this legal authority is accurate, we have to evaluate the comprehensive planning process. Mr. Nixt directed attention to a portion of his memo dealing with zoning issues. He noted that, in a letter to the developer of the proposed Apple Ridge subdivision, it suggests that the City's zoning ordinances are self executing. He quoted State Statutes that govern how the City needs to rezone and reiterated the 4/5 vote. He felt that the Council was violating the citizens constitutional rights. The City has a past practice that does not follow State law. He suggested this is the perfect time to go back and evaluate this whole process - go back to the 1992 amendment Councilmember Haas Steffen expressed concern about past practices also and felt that Council and staff should go back further than 1992 - more like the 1980's. She explained that she thought we could take this ordinance, even with exclusions, and take the time to review the MUSA line and how it was approved and the change in zoning for Apple Ridge and Alpine. Mr. Goodrich stated that the issue he has to make a decision on is what, if any, vested rights the developers have. It will be a policy decision as to whether or not you want to exclude the properties mentioned. Apple Ridge has not been granted preliminary plat approval and Alpine Addition was given a preliminary plat recommendation on March 4, 1997, and will be on the Council agenda on March 25. Councilmember Haas Steffen stated that Mr. Goodrich's legal advice could change the action of the Council at the next meeting. We could introduce this now and make changes, if necessary, at the next meeting. Mr. Goodrich responded that if the ordinance is changed at the next meeting to exclude items mentioned, it would not have to be reintroduced. However, if Council determines that additional items should be included in the ordinance, it would have to be reintroduced. Mr. Nixt commented about the hardship portion of the proposed ordinance and pointed out that he felt that 30, 60, or 90 days would not cause a hardship for the developers. He suggested that what's happening is due to past administration, nor present, and reiterated that there are some procedural issues the City has to deal with. Councilmember Haas Steffen expressed agreement with Mr. Nixt but stated she wanted to keep options open for both sides. She felt it's alright to pass this ordinance. We still have time to take care of the points Mr. Nixt is talking about and we would have Mr. Goodrich's advice by the next meeting. Terri Svare, 6015 - 158th Lane NW, Ramsey, expressed agreement with Mr. Nixt and elaborated on the impact to the existing neighborhood. She reminded Council that they are to represent the people in the City and she pleaded that they listen to her and her neighbors. She felt that to not take into City Council/March 11, 1997 Page 6 of 13