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Session 1717, Minutes March 16, 1998 of the day of the meeting, would prohibit the appropriate time necessary to validate the signatures on the petition. The reason for the seven days was so the City Clerk would have time to validate the names on the petition. The ultimate decision was left to staff. Mr. Lieberman responded that the public hearing does not require a vote. The introduction of the bill might come that night, but there is no voting on that bill until two weeks later. Mr. Lieberman feels that we should stick with the state statute. Mr. Munkel said that he was also opposed to the 2/3 vote amendment. He asked, as a point of clarification, what other requirements of Council needed a 2/3 vote. Mayor Adams said that one was dealing with protest petitions. If there is a petition dealing with zoning matters, then a super majority would be needed to approve. Mr. Lieberman said if the residents within 185 feet of a proposed zoning change area objects and submits a petition, then the Council, before making that zoning change is required to submit a super majority. He believes this is the only instance of this requirement. Mr. Munkel wanted to know who it was that decided whether or not a project was compatible with the surrounding neighborhood. Mr. Schoomer said that the guidelines for each zoning district are very specifically set out in the code with levels of deviance which the Council is permitted to approve. Otherwise, they are found not to be compatible. It is the Council's decision. Mr. Lieberman said that any zoning changes and conditional uses go through the Plan Commission. They give Council their recommendations and Council makes a final decision. Mr. Wagner said that the zoning administrator makes a judgment on this and his decision is considered heavily in the deliberations of the Plan Commission. Mr. Munkel said that the staff, Plan Commission and Council spent a great deal of time adopting the new zoning code, public hearings were set and heard and he wondered how these items could have been missed. Mr. Lieberman said that thanks to Mr. Wagner, they were found and brought to the Plan Commission's attention. Mr. Wagner said that there was no set window to revise this; the code is open to revision any time. He followed the procedure as the City Manager set out. Being that there were no further requests to speak, Mayor Adams declared the public hearing closed. AGENDA #4: SITE PLAN AMENDMENT - 6333 DELMAR: Mr. Rose recommended approval of an amendment to the restaurant site plan deleting the limitation to bagel-type products, thereby allowing a broader menu. Conditions should include the same seating limitation of 32 outdoors and 42 indoors, as was the rule applied to the prior occupant with outdoor seating plans subject to City Manager approval and an added condition that a cooking odor control exhaust system be installed and maintained. Mr. Munkel moved approval. Mr. Wagner seconded the motion which carried unanimously.