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Mounds View City Council October 26, 2009 <br />Regular Meeting Page 2 <br /> <br />6. SPECIAL ORDER OF BUSINESS <br /> <br />None. <br /> <br />7. COUNCIL BUSINESS <br />A. 7:05 p.m. Public Hearing for the Introduction and First Reading of <br />Ordinance 837, a Code Amendment about Voting Requirements for Zoning <br />Code Amendments. <br /> <br />Community Development Director Roberts presented the City’s Attorney’s recommendation to <br />approve first reading of a Code amendment so the voting requirement for zoning amendment <br />language is consistent with State statutes. He advised that State statutes require a simple <br />majority vote (3/5) of the Council to approve most zoning changes and a super majority vote <br />(4/5) to approve a zoning amendment that changes all or part of an existing residential zoning <br />district to either commercial or industrial. <br /> <br />Mayor Flaherty opened the public hearing at 7:13 p.m. Hearing no public input, Mayor Flaherty <br />closed the public hearing at 7:13 p.m. <br /> <br />Mayor Flaherty stated this was brought to the Council’s attention in 2004 and asked why it took <br />so long for consideration. Community Development Director Roberts stated the delay resulted <br />because of staff changeover and work priorities. City Attorney Riggs clarified that Mounds View <br />has been following the correct voting procedures. <br /> <br />MOTION/SECOND: Mueller/Stigney. To Introduce and Waive the First Reading of Ordinance <br />837, Amending Chapter 112501 of the Mounds View Zoning Code about the Voting <br />Requirements for Zoning Changes. <br /> <br /> Ayes – 5 Nays – 0 Motion carried. <br /> <br />B. 7:10 p.m. Public Hearing for the Introduction and First Reading of <br />Ordinance 838, a Code Amendment to Chapter 1125.06 about Penalties. <br /> <br />Community Development Director Roberts presented the City Prosecuting Attorney’s <br />recommendation to approve first reading of an amendment for the penalties of certain Code <br />violations. He read the proposed language and explained this change is necessary because the <br />current City Code language about penalties is not as clear or strong as it should be. <br /> <br />Mayor Flaherty opened the public hearing at 7:17 p.m. Hearing no public input, Mayor Flaherty <br />closed the public hearing at 7:17 p.m. <br /> <br />Mayor Flaherty questioned the use of the word “punished” in the proposed amendment. City <br />Attorney Riggs explained the penalty for misdemeanor crime can include jail time, is not <br />inconsistent with the way Code is written, and makes it easier to prosecute. <br />