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City Council Regular Meeting Minutes June 28, 2005 Page 6 1 2 Motion carried unanimously. 4 D. Ordinance 2005-009• Text Amendment conditional Use Permits_ Section_ 166_5.04. 5 City Attorney Gilligan stated Staff has requested the reviewal of the proposed ordinance text 6 amendment that updates the City's Code on its conditional use permit approval process. 7 Currently, the City Ordinance requires a 4/5ths vote for all requests for a conditional use permit. 8 Mr. Gilligan noted that this change is not required by state law. 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Councilmember Stille questioned whether this could jeopardize the City in violating the 60 -day rule. Mr. Gilligan answered there are things that can be done and reasons that could be on record to supersede this. He noted this would take a lower priority for approval of other things. Mayor Faust said lie thinks the language should not be changed. 'the state statue made the other one necessary to change. Ile noted this has been the statute for as long as the City was in existence. IIe said he normally doesn't go against legal recommendations, though he believes this should not be changed. Councilmember Stille clarified that this is just trying to be consistent so there isn't one instance on the City's Code where a supermajority is required and other instances don't require it. Mr. GilliGarr said that was correct. Councilmember Stille asked whether it could hamper business by keeping it a supermajority, and having a Councilmember gone, for example. Mr. Gilligan said it hasn't been the case. Councilmember Stille asked if the conditional use permit has to be issued if the findings are there. Mr. Gilligan answered affirmatively. Councilmember Thuesen clarified that is the 4/5ths vote was kept, it does not put the City in any legal danger. Mr. Gilligan said it does not. The provision in the City Code does not violate state law. Councilmember Horst stated. he doesn't disagree with a supermajority. There are other instances in the Statute that need supermajority. Ile said he would like to feel that the Council was fully in . favor of a conditional use and said that 4/5ths would not be a problem. He said he was inclined to leave the text the way it is. Councilmember Thuesen agreed and said he is inclined to leave it the way it is. He said it sends a clear message when you have a supermajority. When it comes to a 3/2 vote, it becomes gray area. Ile said the Ordinance has served the City well, and he would like to see it remain as is. Councilmember Stille said he agreed with Mayor Faust in that in the future two Councilmembers could vote to deny a conditional use permit, and that is something they would like to avoid. Councilmember Horst stated that in a 4/5ths vote, it is opened up to have someone block it. I -Ie said on items that relate to all the community, like a conditional use permit, he would lila to see a strong vote. <r