Declaration of passed ordinances incorrect
May 13. 2014 6:00AM
When the Dell Rapids City Council voted on three ordinances in April, officials at City Hall thought the measures had passed. But following the meeting, a procedural error was cited and the ordinances were deemed failed.
Just five aldermen were at the council’s April 7 meeting when ordinances 792, 793 and 795 received majority support from those present.
“We declared incorrectly that those motions had passed,” said Justin Weiland, city administrator.
City ordinances require a majority vote from the entire council of eight aldermen to become law.
“With a body of eight, you need five (yes) votes in order to pass an ordinance,” Weiland said.
To ensure legal integrity and avoid liability, the ordinances need to be heard by the planning and zoning commission and have two readings before the city council, he said.
“Those failed and you cannot reconsider those. That would be illegal,” Weiland said. “If we want to make those ordinances bulletproof … the only real way to do it is to go through the whole process again.”
Ordinance 792 – Allows accessory structures larger than 1,200 square feet in a residential zone; and to be built in front yards with a conditional use permit.
Ordinance 793 – Allows rezoning decisions by the city council to be protested with the support of 40 percent of residents within 250 feet of the impacted property.
Ordinance 795 – An FCC requirement, allows Golden West to use city right of ways for its infrastructure; establishes a 3 percent profit sharing agreement with City of Dell Rapids.