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HomeMy WebLinkAboutOrdinance 205 - Planning Commission CHAPTER II—OPERATIONS, ADMINISTRATION & ORGANIZATION ORDINANCE 205 PLANNING COMMISSION............................................................... 205-1 Section 205.01: MEMBERS AND TERMS................................................................ 205-1 Section 205.02: OFFICERS........................................................................................ 205-1 Section 205.03: MEETINGS ...................................................................................... 205-1 Section 205.04: COMPREHENSIVE PLAN .............................................................. 205-2 Section 205.05: ZONING PLAN................................................................................ 205-2 Section 205.06: OFFICIAL MAP............................................................................... 205-3 Section 205.07: APPROVAL OF PLATS................................................................... 205-3 Section 205.08: REFERENCE TO PLANNING COMMISSION ............................... 205-3 Section 205.09: OTHER DUTIES .............................................................................. 205-4 205-0 CHAPTER II—OPERATIONS, ADMINISTRATION & ORGANIZATION ORDINANCE 205 PLANNING COMMISSION Section 205.01: MEMBERS AND TERMS. There shall be established a Planning Commission consisting of at least nine but not more than ten members. Subd. 1: At least six but not more than seven members shall be appointed to serve three year terms by the Mayor with the approval of the City Council. The terms of these appointed Commissioners shall be staggered so that no more than three of the appointed members shall have terms ending in any given year. Any of the appointed members may be removed for cause by a majority vote of the City Council. Subd. 2: The other three members of the Planning Commission shall be the City Engineer and the City Attorney, who shall be members ex officio, without voting authority. The final member shall be elected by the Council and shall be one of its own members. The Council member shall serve a term of one year and shall have full voting rights. Subd. 3: Vacancies during the term of any member shall be filled by appointment by the Mayor with approval of the Council for the unexpired portion of the term. Every appointed member entering upon discharge of his or her duties shall take an oath that he or she will faithfully discharge those duties of the office. Members shall receive reasonable compensation as set by City Council resolution. Members, serving pursuant to Subd. 205.01.1. shall be residents of the City, or reside within two miles of the City limits. No more than two (2) of these members shall be non-residents. Section 205.02: OFFICERS. The Commission shall elect a Chairperson and a Deputy Chair from among its members for a term of one year. Other offices, including that of secretary, may be designated and filled by the Commission as may be determined. The Chairperson shall preside over all meetings, represent the Commission before the Council, and undertake such other responsibility as authorized by the Commission. The Deputy Chair shall assume the duties of the Chairperson in the Chairperson's absence and assume such other duties and responsibilities as delegated by the Chair. Section 205.03: MEETINGS. The Commission shall hold at least one regular meeting during every three month period. It shall adopt rules and by-laws for the transaction of business and shall keep a record of its resolutions, transactions, and findings, which shall be of public record. On or before the first day of January of each year, the Commission shall submit to the City Council a report of its work during the preceding year. Expenditures of the Commission shall be within amounts appropriated for the purpose by the City Council. On or before the first day of August of each year, the Commission shall submit to the City Council a proposed operating budget for the upcoming fiscal year. 205-1 CHAPTER II—OPERATIONS, ADMINISTRATION & ORGANIZATION Section 205.04: COMPREHENSIVE PLAN. Subd. 1: Preparation. It shall be the function and duty of the Planning Commission to prepare and adopt a comprehensive City plan for the physical development of the City, including proposed public buildings, street arrangements and improvements, public utility services, parks, playgrounds, and other similar developments, and use of property, the density of population, and other matters relating to the physical development of the City. Such plan may be prepared in sections, each of which shall relate to a major subject of the plan, as outlined in the Commissioners'program of work. Subd. 2: Hearings and Voting. Before adopting the comprehensive plan or any section of it or any substantial amendment thereof, the Commission shall hold at least one public hearing thereon, notice of the time and place of which shall be given by publication in a newspaper of general circulation at least 10 days before the day of the hearing. The adoption of the plan or of any section or amendment thereof, shall be by resolution of the Commission, approved by the affirmative votes of not less than two/thirds of the total members entitled to vote. The Commission may, from time to time, amend or add to the plan or any section thereof, as herein provided, or the adoption of the original plan whenever changed conditions or further studies by the Commission indicate that such amendment or addition is necessary. An attested copy of the plan or of any section, amendment, or addition to the plan adopted by the Planning Commission shall be certified to by the City Council. Subd. 3: Recommendations to City Council. Upon the adoption of the plan or any section thereof, it shall be the duty of the Planning Commission to recommend to the City Council, reasonable and practical means of putting into effect such plan or section thereof in order that the same will serve as a pattern and guide for orderly physical development of the City and as a basis for the efficient expenditure of the funds thereof relating to the subjects of such City plan. Such means shall consist of a zoning plan, the control of subdivision plats, a plan of future streets, coordination of the normal public improvements of the City, a long term program of capital expenditure and such other matters as will accomplish the purposes of this section. Subd. 4: Reviewal of Plan. The Planning Commission shall periodically review the Comprehensive Plan, adopt necessary amendments and recommend to the Council reasonable and practical means of implementing the amendments. Section 205.05: ZONING PLAN. The Planning Commission, upon its own motion, may and upon instructions by the City Council, shall prepare a proposed zoning plan or amendments to an existing zoning plan for the City. Before recommending any plan to the City Council, the Planning Commission shall hold at least one public hearing thereon after notice similar to that required by Section 6 herein. The same procedure shall apply for the preparation of any plan of proposed rights of way for future streets or highways, of the future widening of existing streets or highways, or for the reservation of lands for public purposes. 205-2 CHAPTER II—OPERATIONS, ADMINISTRATION & ORGANIZATION Section 205.06: OFFICIAL MAP. Subd. 1: The Planning Commission with the assistance of the City Engineer, may and upon instructions by the City Council shall, prepare an official map of the platted and unplatted portions of the City and adjoining territory, or portions thereof, indicating upon such map the proposed future extension and widening of streets of the City within such existing platted and developed territory or across such unplatted territory. Subd. 2: After such map has been prepared and a hearing on it has been held, it shall be submitted to the Council, which shall thereupon consider the map and may adopt it or any part of it with amendments as it deems advisable. Before adoption by the Council, a public hearing shall be held upon the proposal at least 10 days after a notice thereof has been published in an official newspaper. After the map has been adopted by the Council and filed with the County Recorder of Stearns County, whenever an existing street or highway is widened or improved, or any new street is opened, or lands for other public purpose are acquired by action of the City, it shall not be required in such proceedings to pay for any building or structure placed without a permit or in violation of conditions of a permit after the filing of such map within the limits of the mapped street, or outside of any building line that may have been established upon the existing street, within any area thus reserved for public purposes. Section 205.07: APPROVAL OF PLATS. Subd. 1: Every proposed plat of land within the City or within two miles of the limits of the City and not within a town which itself requires the approval of plats, shall be submitted to the City Council before being filed and no plat of land shall be filed unless and until the same shall first have been approved by the City Council. Subd. 2: Any person who violates this provision or who sells lands or offers lands for sale or contracts for the sale of land by reference to or by other use of a plat before such plat has been approved by the Planning Commission and the City Council in accordance with the provisions of this section shall be guilty of a misdemeanor. Before acting on such plat, the City Council shall submit the same to the Planning Commission for a recommendation and consideration pursuant to Ordinance 504. Section 205.08: REFERENCE TO PLANNING COMMISSION. No change shall be made in the zoning plan, future street and public lands plan, or regulations governing the platting of land after such plans or regulations have been adopted by the City Council, until the proposed change has been referred to the Planning Commission for report thereon and attested copy of the report has been filed with the Council; and no ordinance or resolution establishing any of such plans or specifications shall be adopted by the City Council until the ordinance or resolution has been referred to the Planning Commission for a report thereon and an attested copy of the report has been filed with the Council. 205-3 CHAPTER II—OPERATIONS, ADMINISTRATION & ORGANIZATION Section 205.09: OTHER DUTIES. In addition to the duties and responsibilities delineated above, the Planning Commission shall: Subd. 1: Assume all other advisory responsibilities authorized by Minn. Stat. ' 462.354, et seq. Subd. 2: Serve as the Board of Appeals and Adjustments. Subd. 3: Exercise all authority delegated under Chapter V. of this Code. Subd. 4: Recommend additions and/or amendments to the ordinances contained in Chapter V. of this Code. Subd. 5: Participate with planning agencies of other political subdivisions in joint planning where matters of a common interest exist. Subd. 6: Assume other duties and responsibilities relating to planning and land use as may be delegated or assigned by the City Council. Updated 7/18/94 205-4