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Regular City Council Meeting Monday, June 18, 2007 Page 26 City Attorney Squires reviewed recent case law involving the City of Mendota Heights related to rezoning and the context of that case as re- lated to rezoning in this case from residential to 1 coemmercial status property, which he would also interpret and app y to mixed use business park categories. City Attorney Squires re- viewed statutory language and clarified the need for super-majority vote; and implications in bringing consistency to the Zoning Ordi- nance with the Comprehensive Plan. Pust moved, Roe seconded, APPROVAL of the REZONING from R- 1 Single-Family Residential to Planned Unit Development (PUD) with an underlying zoning of B-6 Mixed Use Business Park District, for United Properties, in cooperation with the Frieda Schultz Family, property owner to allow the development of a multi-story 93-unit sen- ior cooperative at 3008 and 3010 Cleveland Avenue. Councilmember Pust opined that this action was consistent with the Twin Lakes Master Plan and would serve as a first step in bringing it into consistency with the Comprehensive Plan. Councilmember Ihlan spoke in opposition to the motion, opining that it was not clear to her that age-restricted housing fits the B-6 zone, and only listed multi-family housing, and that the zoning change may not be compatible with the project. Roll Call Ayes: Kough; Pust; Roe and Klausing. Nays: Ihlan. Motion carried. Roe moved, Kough seconded, APPROVAL of the GENERAL CON- CEPT PLANNED UNIT DEVELOPMENT (PUD), as prepared for the June 18, 2007 City Council meeting by United Properties, subject to the conditions of Section 12 of the staff report dated June 18, 2007. Roll Call Ayes: Kough; Roe and Klausing. Nays: Pust and Ihlan. Motion carried.