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Agenda Packets - 2009/10/26
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Agenda Packets - 2009/10/26
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MV Commission Documents
Commission Name
City Council
Commission Doc Type
Agenda Packets
MEETINGDATE
10/26/2009
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Pale 2 of 3 <br /> 59a-32 (Cr. Ref, 441h; 477b-34) <br /> Subd. 2. GENEkIAiJ R]EQUIR ME' NTS . Q At any time after the adoption of <br /> a land use plan for the municipality, the Planning agency, for the purpose of carrying out <br /> the policies and goals of the land use plan, may prepare a proposed zoning ordinance and <br /> submit it to the governing body with its recommendations for adoption. <br /> (b1 Subject to the requirements of subdivisions 3, 4 and 5 , the governing body <br /> may adopt and amend a zoning ordinance by a maajQr� vote of all its membersffhe <br /> adoption or amendment of any_Podijon of a zoning_ordinancc which cban&es all Qr P-art of <br /> the existing classificattaof a z_Qning dist?ict from residential tuber cc�mrircrcial or <br /> industnat reMir—es a two thirds m;aj0rity vote of all me�pbers of the overning bow <br /> (c) The land use plan must provide guidelines for the timing <br /> and development sequence <br /> of the <br /> and <br /> adoption of official controls to ensure planned, orderly , g <br /> redevelopment consistent with the land use plan. <br /> (Underlined material added by amendment.) <br /> Therefore, after the effective date of the 2001 amendment, there appears no remaining statutory <br /> authority for imposition of a twoAhirds voting requirement for municipal zoning enactments other than <br /> those clianging residential classification to commercial or industrial. Rather, a majority of the members <br /> of each city council is statutorily authorized to adopt or amend zoning ordinances. <br /> Second, the fact that the statutory language is permissive in nature does not authorize the city to <br /> impose conditions or restrictions at variance with those expressly provided by statute. Cf., MS <br /> Investment Co. v. County of Dakota, 494 N .W.2d 64 (Mimi. Ct. App. 1992) (County board did not have <br /> authority to impose limits on their own statutory jurisdiction to consider tax abatement applications). <br /> Nor may a council, by ordinance, impair or divest its successors' legislative power_ See, e.g: , <br /> Minneapolis Street Raihvay Co. contract surrender or ty of Minneapolis, <br /> police Minn, power) ; .Fianna v. Rath ye, 1 353 71 <br /> (Municipal corporation cannot, by <br /> N.W.2d 876 (Ia. 1969) (City zoning ordinance could not impair successors' authority to ainend) ; 4, <br /> McQuilUu, Municipal Corporations § 13 .03 . 15 (3rd Ed. ). <br /> Finally , it is our opinion that the statutory provision for enacting or amending zoning ordinances <br /> by a majority vote supercedes any contrary provision that might be found in a citys charter. pursuant to <br /> the Constitution,il ) the legislature has granted city residents substantial authority to adopt home-rule <br /> charters, to empower and direct the governance of their c ities and to provide for city legislation on <br /> matters of municipal concern. See Minn. Stat. § 410.07 (2000) State ex reZ Town of Lowell v. City e <br /> Crookston, 252 Minn. 526, 91 N.W.2d 81 (1958). That grant of power does not,. however, impair the <br /> ultimate power of the legislature to pre-empt local authority on matters it considers t Asetofmatters of <br /> concern. Id. , Lilly v. City of Minneapolis, 527 N.W.2d 107 (Minn.of se App. ) <br /> e provision <br /> followed rather than any conflicting local enactment Minn. Sta. § 462.351 specifically states: <br /> ctions 4623) 51 et seq. hould be <br /> followed, <br /> It is the purpose of sections 462.351 to 462 -364 aouniform municipalities, <br /> in ocedure, foiv adequately <br /> a single <br /> body of law, with the necessary powers <br /> conducting and implementing municipal planning• <br /> Furthermore, section 462 .352 defines the term municipality for purposes of sections 462 .351 to 462364 <br /> to mean, "any city, including a city operating under a home rule charter • • • " <br /> IVV-d 900/999 ' d 1VV-1 018B188Z19+ UPAEJ/ I ApBLUSA® WOAd Wgi Vp-1Z-idv <br />
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