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POPHAM, HAIM, SCHN'7BRICH• KAUFMAN 6 D <br />u <br />11 JUL 3 01986 <br />MEMORANDUM <br />TO: <br />Mark Bernhardsor <br />FROM: <br />Kathleen Blatz <br />DATE: <br />July 29, 1986 <br />RE: <br />nmen(�.ment of Comprehensive Plan <br />Minnesota Statute S462, et. seg. 19 (, :,4), sets forth tae <br />proceedure by which a municipality may prepare, adopt, and amend a <br />comprehensive municipal plan. Section 462.355, subd. 3, clearly <br />states that a proposed comprehensive plan or any amendment to it <br />may not be acted upon by the city council until it has received the <br />recommendation of the planning commission or until 60 days have <br />elapsed from the date an amendment proposed by the city council has <br />been submitted to the planning commission for its re, endation. <br />A 1985 amendment to the statute further states that u ss provided <br />otherwise by charter, the city council may by resoluti..i of t <br />two-thirds vote of all of its members adopt and amend the <br />comprehensive plan or portion thereof upon such notice and .tearing <br />as may be req-ad in the city's ordinance. Since the City of <br />Or,,ro is not , ome Rule Charter City, but rather a Statutory City, <br />it .oust abide by the two-thirds vote requirement of all of its <br />members. Given the fact that there are five voting members of the <br />City Council, a comprehensive plan amendment must be adopted by a <br />total of 4 votes in favor of the amendment. <br />If you should have anv questions about Minn. State. 462 <br />c<. seg. or any ordinance req tion pertaining thereto, please do <br />not hesitate to g! ie a call. <br />5002e <br />