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<br /> SENT BY:PETERSON FRAM BERG~AN 7- 9-93 2:04PM :PETERSON FRAM BERGMA- :;; 3/ 4 <br /> ~ Dorothy Person <br /> July 9, 1993 <br /> Page 2 <br /> Comprehensive Plans can be amended after receipt of a <br /> recommendation from the Planning Commission and after holding a <br /> public hearing. The public hearing should be preceded by ten days <br /> published notico (M.S. 462.359, Subd. 2). Amendments to this part <br /> of the Comprehensive Plan are accomplished by the adoption of an <br /> appropriate ordinanoe. Four affirmatiVE! Council votes are required <br /> to adopt the ordinance (M.S. 462.355, Subd.3). If the City wishes <br /> to proceed on the Comprehensive Plan Amendment, the Council should <br /> request staff to prepare necessary ordinances for Council review. <br /> PUBLIC IMPROVEMENT PROJECT <br /> In order to preserve the city's authority to specially assess <br /> all or a portion of the cost of a public improvement, the Ci ty <br /> should follow the public hearing procedures outlined in M.S. 429. <br /> A publiC hearing is held before the City Council. The public <br /> hearing is preceded by published notice in the City's official <br /> newspaper. The notice should appear in two publications at least <br /> one week apart and the last publication should be at least three <br /> days before the public hearing. Mailed notice should also be sent, <br /> at least ten days before the publio hearing, to the owners of each <br /> ~ parcel within the area to be assessed for the improvement (M.S. <br /> 429.031. ) <br /> At the conClusion of the public hearing. the City can choose <br /> to order or scrap the proposed project. In the case of Shoreline <br /> Lane, the City has not received a petition from the owners of at <br /> least 35% of the frontage in the proposed project. Therefore, four <br /> affirmative Council votes will be necessary in order to approve the <br /> improvement. If the City chooses to proceed in this particular <br /> matter, the Council should direct staff to prepare the appropriate <br /> resolutions and should direct the City Engineer to prepare plans <br /> and specifications for Council review. <br /> CONCLUSION <br /> In conclusion, the City may amend its Comprehensive Plan in <br /> order to preserve its right to acquire a future right-Of-way in a <br /> cost effective manner 0 The City can also order a sanitary sewer <br /> and/or street improvement for the Shoreline Lane portion of the <br /> City. The City can pursue either independent of the other. <br /> ~ <br />