Laserfiche WebLink
City Attorney Goodrich replied yes. <br /> <br />Mr. Hendriksen stated that the ordinance failed because it was a 3-2 vote so it did not achieve the <br />4/5ths vote requirement. State law on the matter did allow for voter initiated petition for <br />additions to the zoning chapter. It was modified to read as follows: State Statute 462, 357 Subd. <br />4 "An amendment to the zoning ordinance may be initiated by the governing body, the planning <br />agency or by a petition of affected property owners as defined in the zoning ordinance." If the <br />ordinance you are petitioning for impacts the entire City, the only way it can be accomplished is <br />by amending the City Charter. Within the Charter it states the Council shall by resolution, <br />ordinance or other appropriate action make such regulation as may be necessary to carry out and <br />make effective provisions of this Charter. The question that has never been addressed that is <br />clear with state law is that citizens place into the Charter what that they wish. The Council has <br />the onus responsibility to adopt something that is consistent with that. It is not a zoning <br />ordinance as it exists. It is a mandate from the people stating this is what they want. It also <br />states that they want the City to follow their wishes and in fact the City must, in accordance with <br />Section 12.12. Chapter 14 is appropriate to be in the Charter. It is not enforceable as a zoning <br />ordinance in the Charter, but it should follow the process and be adopted by the Council as the <br />density transition ordinance would have if the Mayor and Susan Anderson had voted for it. <br /> <br />Chairperson Vogt stopped citizen discussion. <br /> <br />Commissioner Ebel inquired as to why there is a time limit on citizen input. <br /> <br />Chairperson Vogt replied that he typically sets a time limit and he is trying to move the issue <br />forward. <br /> <br />Mr. Hendriksen stated that some times there are multiple issues on an agenda and it should not <br />impact the amount of time that is focused on any one issue. <br /> <br />Commissioner Deemer noted that there is only one way to change the Charter and it is stated in <br />the Charter. <br /> <br />Commissioner LaMere stated that she thinks the issues within Chapter 14 are important, but the <br />question is, is the Charter the appropriate place for the issue to be addressed. <br /> <br />City Attorney Goodrich replied that that is exactly what the legislature and courts are saying. No <br />one is saying that the City cannot have a density transition ordinance or a traffic analysis <br />ordinance, but the current process is unenforceable and invalid. <br /> <br />Commissioner Milless inquired if the Charter Commission would be following the law by <br />amending the Charter and deleting Chapter 14. <br /> <br />City Attorney Goodrich replied yes. <br /> <br />Charter Commission/July 18, 2002 <br /> Page 16 of 22 <br /> <br /> <br />