03.01 - Aug 2 & Aug 9,2011 Council Minutes

Home Browse Search

M SANDELIN 30849 FIRST STREET P.O. Box 298 PAUL J. SANDELIN 1'EQuoT Lis, MINNaoTA 56472 TELEPHONE (218) 568 -8481 ATTORNEY AT LAW FAX (218) 568 -8444 www.sandefinlaw.com August 23, 2011 VIA EMAIL City of Pequot Lakes Attn: Sandy Peine, City Clerk 4638 County Road 11 Pequot Lakes, MN 56472 Re: City of Pequot Lakes /Industrial Park - Business Park Ordinance Amendment Our File No. 25000.015 Dear Sandy: I reviewed the above - described Land Use and Subdivision Ordinance Amendment that was intended to streamline the subdivision process for Industrial Park/Business Park properties (the "Ordinance Amendment "). I understand the City Council reviewed and voted 3 -2 in favor of adopting the Ordinance Amendment. It is also my understanding that at the time of the motion the impression was that a 4 /5th vote was required in order to pass the Ordinance Amendment motion. I reviewed the City Code as well as State Law regarding Land Use and Subdivision Ordinance Amendments and a simple majority is all that is required by the City Council to adopt the Ordinance Amendment. Both Section 17 -13.4 of the City Code and Chapter 462 of the Minnesota Statutes provide that a simple majority is required to adopt such an ordinance amendment. There are very limited exceptions under State Law where a 2/3`d majority (or 4/5 1h with a 5 member city council) would be required to adopt such an ordinance amendment none of which apply here. Furthermore the Legislature in 2001 amended Chapter 462 (Section 462.357) to specifically provide that a simple majority is required for amendments to a municipal land use and subdivision ordinance with some very limited exceptions that again do not apply here. The bottom line is that with a 3 -2 vote in favor of the Ordinance Amendment the Ordinance Amendment is deemed passed and adopted by the City Council. It is not necessary to have the City Council vote again on the matter. In order for the Ordinance Amendment to be effective the Ordinance will need to be published. When the City Council approves the minutes from the meeting the minutes should reflect that the motion passed based upon a 3 -2 vote. If you have any questions please contact me. Thank you.