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Item No: 7A <br />Meeting Date: October 26, 2009 <br />Type of Business: Public Hearing <br />Administrator Review: ________ <br /> <br />City of Mounds View Staff Report <br /> <br /> <br />To: Honorable Mayor and City Council <br />From: Ken Roberts, Community Development Director <br />Item Title/Subject: Public Hearing – First Reading and Introduction of <br />Ordinance 837, Code Amendment about Voting <br />Requirements for Zoning Amendments <br /> <br />Introduction: <br />Community Development staff has a list of code amendments that the City should make. <br />This report is about a proposed code amendment for the voting requirements for zoning <br />amendments. <br /> <br />Discussion: <br />The City Attorney has advised staff that the City should amend Section 1125.01, Subd.1j of <br />the City Code. (Please see the attached memo from 2004). This change is necessary <br />because the current City Code language is inconsistent with State statutes. The City may <br />not adopt code language that is more restrictive than or inconsistent with State statute. <br /> <br />The current code language reads as follows: <br /> <br />j. Four-Fifths Vote: Amendments of this Title, the Official Zoning map or for a conditional <br />use permit shall require passage by four-fifths (4/5) vote of the full City Council. <br /> <br />Simply put, this means that the City Code now requires at least four of the City Council <br />members to vote in approval of any zoning change in the City. Unfortunately, State <br />statutes (462.357, Subd. 2(b)) requires a simply majority vote (3/5) of the City Council to <br />approve most zoning changes. However, the state statute does require the City Council to <br />approve a zoning amendment that changes all or part of an existing residential zoning <br />district to either commercial or industrial by a four-fifths (4/5) vote. Staff has prepared an <br />amendment to the City Code to correct this conflict. <br /> <br />Recommendation: <br />Approve the introduction and first reading of Ordinance 837. <br /> <br />Respectfully submitted, <br /> <br /> <br /> <br />Ken Roberts – Community Development Director <br /> <br />Attachments: <br />1. Memo from Scott Riggs <br />2. Planning Commission Resolution 911-09 <br />3. Ordinance 837