(A) The City Council or Planning Commission may, upon their own motion, initiate a request to amend the text or the district boundaries of this chapter. Any person, persons, firm or corporation or his or her expressed agent owning real estate within the jurisdiction of this chapter may initiate a request to amend the district boundaries and/or text of this chapter so as to affect the real estate.
(B) A request plus copies of detailed written and graphic materials fully explaining the proposal for an amendment to this chapter shall be filed with the Clerk/Treasurer and shall be accompanied by a fee, as required by resolution of the City Council. The fee shall be nonrefundable.
(1) The Clerk/Treasurer shall refer the amendment request along with all related information to the Planning Commission for consideration and a report and recommendation shall be made to the City Council.
(2) The Planning Commission shall set a date for the official public hearing. Notice of the hearing shall be published in conformance with the state law and individual notices, if it is a district change request, shall be mailed not less that ten days nor more than 30 days prior to the hearing to all owners of property, according too the assessment records, within 350 feet of the parcel included in the request, the notice shall also be published in the official paper within the above time periods. Failure of a property owner to receive the notice shall not invalidate any proceedings as set forth within this chapter.
(C) The Planning Commission shall reach a decision and make its report to the City Council within a time period so as to comply with M.S. § 15.99, “Time Deadlines for Agency Action,” as it may be amended from time to time.
(D) The Council, shall upon receiving no report from the Planning Commission within a specified time period so as to comply with M.S. § 15.99, as it may be amended from time to time, shall place the request on the agenda of its next regularly scheduled meeting and decide the issue so that compliance with the statute is achieved.
(E) Upon receiving the reports and recommendation of the Planning Commission, the City Council shall place the amended request on the agenda of the next regularly scheduled meeting and the decide the issue so that compliance with the statute is achieved. The reports and recommendations shall be entered in and made part of the permanent written record of the City Council meeting.
(F) The City Council shall have the option to set and hold a public hearing if deemed necessary for reaching a decision.
(G) Amendment of this chapter shall be by a two-thirds vote of the full City Council.
(H) The City Clerk/Treasurer shall notify the originator of the amendment request of the Council’s decision in writing.
(Ord. passed 3-9-93; Am. Ord. 98-02, passed 11-10-98; Am. Ord. 00-01, passed 5-9-00; Am. Ord. 00-03, passed 6-13-00)