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Item No: 7A <br /> Meeting Date: October 26, 2009 <br /> MOUN-DS <br /> �TIEW Type of Business: Public Hearing <br /> ■ 1J.:.�V Administrator Review: <br /> City of Mounds View Staff Report <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 /> 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 /> Discussion: <br /> The City Attorney has advised staff that the City should amend Section 1125.01, Subd.1 j 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 /> The current code language reads as follows: <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 /> 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 /> Recommendation: <br /> Approve the introduction and first reading of Ordinance 837. <br /> Respectfully submitted, <br /> Ken Roberts — Community Development Director <br /> Attachments: <br /> 1. Memo from Scott Riggs <br /> 2. Planning Commission Resolution 911-09 <br /> 3. Ordinance 837 <br />