Laserfiche WebLink
Marilyn Anderson, Deputy Clerk <br />Page Two <br />June 8, 1979 <br />The amendment to the Comprehensive Land Use Plan does not require <br />mailing of notices to land owners within 300 feet of the affected <br />area of the change. If there is rezoning, then pursuant to Minnesota <br />Statute 462.357, "When an amendment involves changes in district <br />boundaries affecting an area of five acres or less, a similar notice <br />shall be mailed at least ten days before the day of the hearing to <br />each owner of affected property and property situated wholely or <br />partly within 350 feet of the property to which the amendment relates." <br />However, the City Ordinance requires mailing to all owners within 300 <br />feet, does not limit the size of area of the property, and requires <br />that the mailed notice be by registered mail. I definitely and strongly <br />urge that the City Ordinance, No. 56, be amended to coincide with the <br />Minnesota Statute. When a rezoning is actually had, then notice must <br />be sent to the adjoining land owners and the affected land owner. <br />The adoption of a Comprehensive Plan does not, per se, rezone land. <br />It is merely the outline and if there are changes to be made, each <br />individual parcel must be rezoned, and this will require compliance <br />with the City Ordinance, where it is stronger than the Minnesota Statute. <br />I would also point out that Minnesota Statute 462.355 does not <br />require that there be a hearing before the City Council, only before <br />the planning agency. <br />As to the third item, Ordinance No. 20, viewing same section by <br />section, Rule No. 1, technically, should be amended so that the <br />meeting time is 8 o'clock P.M., however, I do not believe that this, <br />alone, would require an amendment to the Ordinance as no one can <br />complain about the half hour early commencement unless they are <br />specifically prejudiced thereby. <br />As to Rule 2, I recommend no change. <br />As to Rule 3, I recommend no change, and particularly cite Minnesota <br />Statute 412.191, Subdivision 1, which states, in part... "A majority of <br />all the members shall constitute a quorum although a smaller number <br />may adjourn from time to time." <br />As to Rule 4, I believe that the Rule has been followed fairly well, <br />to date. If there are any particular feelings about any additions, <br />deletions or changes in the order of the 14 items, these should be <br />discussed. <br />As to Rule 5, I recommend no change. <br />As to Rule 6, I recommend no change. <br />As to Rule 7, I recommend no change. <br />As to Rule 8, I recommend no change. <br />As to Rule 9, the only change I would recommend is the word "of", in <br />the fourth line. It should be "if." It is indeed possible that the <br />original publication and Ordinance has that correction. <br />