City Council Meeting Date: September 8, 2022
To: Charter Commissioners
From: Lance Heisler, Chairman
Title
Discussion of Attorney Opinion on Section 4.5 of City Code related to Ordinances, Resolutions and Motions.
Body
Action Requested:
The Northfield Charter Commission will continue to discuss proposed changes to City Charter section 4.5 related to ordinances, resolutions, and motions.
Summary Report:
The Charter Commission will continue its discussion regarding the possible amendment to Section 4.5 of the Charter. This section deals with the number of votes needed to pass a Northfield zoning ordinance. The applicable Charter Section 4.5, Minnesota Statue 462.357, and case law and a Minnesota Attorney General opinion relevant to this discussion are included in the packet.
The issue is whether the state statutes regarding the Municipal Planning Act pre-empt our City Charter. To aid in this discussion, the Charter Commission has retained attorney Maggie Neuville, who will be present by remote video to answer questions and advise the Charter Commission. Two written opinions provided by Ms. Neuville are also included in the packet. At the conclusion of all discussion, the Charter Commission will discuss whether or not to propose an amendment of Section 4.5 to the City Council.
The Commission will conclude the meeting, if time allows, for the Charter Commission’s ongoing review of Charter Provision.
Attached are City Charter Section 4.5 (attachment 1), Minnesota Statute 462.357 subd. 2 (attachment 2), Abrahamson v. Le Sueur (attachment 3), Attorney General Opinion (attachment 4), Nordmarken B. Richfield Case (attachment 5), Motokazi v. Rice County Case (attachment 6), Nueville Junu 28 Opinion (attachment 7), Nueville July 13 Opinion (attachment 8), and the proposed Ordinance modifying Section 4.5 (attachment 9).
Alternative Options:
N/A
Financial Impacts:
N/A
Tentative Timelines:
N/A