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201 Planning Commission By-Lawst I I COUNCIL ACTION FORM Department: Planning Council Meeting: 4/12/10 Item Number: 8A From: Brad Nielsen, Planning Director Item Description: City Code Amendment — Planning Commission (Chapt.201) Background / Previous Action One of the items the Planning Commission asked to have added to their 2010 Work Program was a review of the by-laws under which they operate. The interest in this was one of the outcomes of the in-house training session we held in January. What initially was anticipated to be a tweaking of the language in Chapter 201 (Planning Commission), turned out to be a substantial re -write of the Chapter. Working between the existing Code and a model Planning Commission ordinance developed by the League of Minnesota Cities (LMC), a redraft of Chapter 201 is presented for your consideration. The Commission seemed satisfied generally with the way they currently operate, but felt that the LMC model better described their functions and duties. They also felt that a provision related to attendance expectations would be useful. Attachment I is a draft of the changes, with additions shown in red (initial revisions) and blue (subsequent revisions) lettering. Deletions are shown with strikeouts. Attachment II is a clean copy of the text in amendment format. It should be noted that in drafting the formal amendment, we discovered that Section 201.03 Subd. 2. made no provision for a Planning Commission liaison to the City Council. The draft ordinance has a line added to correct that oversight. Since the Planning Commission has not seen this change, albeit minor, we will send it to them for their comments, if any. We do not anticipate any objections. Also, some minor typographic changes were made to the draft ordinance. Options The City Council, as always, may choose to adopt the amendment as recommended by the Planning Commission, modify it, or leave the existing chapter as it is currently written. Staff Recommendation Staff recommends that the amendment be adopted as recommended by the Planning Commission, with the minor revision relative to liaison to the City Council. Finally, since the amendment is somewhat lengthy and would be costly to publish in its entirety, staff suggests that we be authorized to publish a summary in the official newspaper. A draft resolution to that effect is included in your packet. Council Action: CHAPTER 201 PLANNING COMMISSION Section 201.01 Establishment 201.02 Composition 201.03 Members of Commission 201.04 Organization 201.05 itifisdiefien and duties Attendance 201.06 Staff for the Commission 201.07 T„r;,� Powers and Duties 201.08 Amendments 201.01 ESTABLISHMENT. The Planning Commission is hereby established. The Planning Commission shall be the city planning agency authorized by M.S. 462.354, subd. 1, as it may be amended from time to time. Except as otherwise provided in this ordinance, the Planning Commission shall be advisory to the City Council. 201.02 COMPOSITION. The Planning Commission shall consist of seven members, who are current residents of Shorewood, appointed by the City Council. It shall be the policy of the city to endeavor to appoint one of the Commission members who is a resident of Enchanted Island or Shady Island. (1987 Code, 201.02) (Ord. 336, passed 5-26-1998; Ord. 348, passed 1-11-1999) 201.03 MEMBERS OF COMMISSION. Subd. 1. Term of appointment. The City Council shall by resolution appoint the Planning Commissioners to serve three-year terms and the terms shall be staggered. All appointments shall be made by resolution. Terms of appointment commence on March 1 and terminate on the last day of February, or until the vacancy is filled. assagef the appointment , lt4 r Attachment I Subd. 2. Liaisons. The City Council shall designate one of its members as its liaison to meet with the Planning Commission, and it shall direct the Planning Commission to designate one member of its body from time to time as a liaison to meet with the Park Commission as needed, and the Park Commission shall designate one member of its body from time to time as a liaison to meet with the Planning Commission as needed. Subd. 3. Removals. The City Council shall have the power to remove any member of the Planning Commission for just cause as defined in the Shorewood Personnel Policy and after a public hearing with two weeks published notice by a two-thirds vote of the entire City Council. Subd. 4. Vacancies. Vacancies in the Planning Commission shall be filled for the unexpired term of the member whose place has become vacant in the manner herein provided for the appointment of members. (1987 Code, 201.03) (Ord. 336, passed 5-26-1998; Ord. 348, passed 1-11-1999; Am. Ord. 406, passed 9-13-2004) 201.04 ORGANIZATION. Subd. 1. Officers. The Chairperson and Vice -Chairperson shall be appointed annually by the members of the Planning Commission. Subd. 2. Term. The term of the Chairperson and Vice -Chairperson shall be for one year. Subd. 3. Meetings and hearings. All meetings of the Planning Commission shall be held at a regularly scheduled date or at the call of the chair or at the request of a majority of the members of the Commission, in accordance with Minnesota Open Meeting Laws. Subd.4. Minutes and records. The Planning Commission shall keep minutes of its proceedings showing the vote of each member upon every question, or if absent or failing to vote indicating the fact, and shall also keep records of its hearings and other official actions. Every requirement, decision or determination of the Planning Commission shall be filed with the City Council and shall be a public record. Subd. 5. Rules and procedure. The Planning Commission shall conduct its meetings consistent with Roberts Rules of Order and other procedures consistent with the statutes of the State of Minnesota or with this chapter. Subd. 6. Quorum. No business shall be conducted by the Planning Commission without a quorum, consisting of the majority of all members. The concurring vote of the majority of all members present shall be necessary to any action by the Planning Commission. -2- (1987 Code, 201.04) (Ord. 77, passed 9-24-1973; Am. Ord. 407, passed 9-27-2004; Am. Ord. 435, passed 3-12-2007) 201.05 ATTENDANCE. Duly appointed members of the Planning Commission shall be required to attend no less than half the official meetings of the Planning Commission held within a given calendar year unless specifically excused by the Chair of the Planning Commission and said excused absences noted in the minutes. Failure to attend no less than half of the official meetings within a given calendar year, without excuse of the Chair of the Planning Commission, shall be considered as formal notice of resignation from said Planning Commission. In addition, failure to attend four - consecutive regular meetings without excuse of the Chair of the Planning Commission, shall be considered as formal notice of resignation from said Planning Commission. 201.06 STAFF FOR THE COMMISSION. The Planning Director, City Engineer, City Attorney and City Administrator may act as staff for the Planning Commission and may be required at times to attend commission meetings. City Staff may provide the Commission with information as requested by the Commission. The City Clerk or the City Clerk's designee may perform secretarial duties for the Commission, such as the keeping of minutes, and may be responsible for the keeping of records. 201.05 201.07 JURISDICTIO POWERS AND DUTIES. -3- Subd. 1. Generally. The Planning Commission shall have the powers and duties given to city planning agencies generally by law, including the authority to conduct public hearings as directed by City Council or City policy. The Planning Commission also shall exercise the duties conferred upon it by this ordinance. Subd. 2. Comprehensive Plan. It shall be the purpose of the Planning Commission to prepare and adopt a comprehensive plan for the physical development of the city, including proposed public buildings, street arrangements and improvements, efficient design of major thoroughfares for moving of traffic, parking facilities, public utilities services, parks and playgrounds, a general land use plan and other matters relating to the physical development of the city. This plan may be prepared in sections, each of which shall relate to a comprehensive plan program. After the City Council has adopted the comprehensive plan, the Planning Commission may periodically, but at least every five years, review the comprehensive plan and any ordinances or programs implementing the plan. Subd. 3. Means of Executing Plan. Upon the adoption of a comprehensive plan or any section thereof, it shall be the concern of the Planning Commission to recommend to the City Council reasonable and practical means for putting into effect the plan or section thereof, in order that it will serve as a pattern and guide for the orderly physical development of the city. Means of effectuating the plan, among other things, shall consist of a zoning ordinance, subdivision regulations, capital improvement programming and technical review, and recommendations of matters referred to the Planning Commission by the City Council. Subd. 4. Zoning Ordinance. Pursuant to M.S. 462.357, subd. 3, as it may be amended from time to time, after adoption of a comprehensive plan, the Planning Commission shall review all proposed amendments to the zoning ordinance, conduct public hearings as directed by City Council or City policy, and make recommendations to the City Council concerning zoning ordinance amendments and their relation to the city comprehensive plan and other land use controls. The Planning Commission shall report its recommendations to the City Council for action. Subd. 5. Conditional Permits. The Planning Commission shall make recommendations on all requests for a conditional use permit under the terms of the zoning ordinance and conduct public hearings as directed by City Council or City policy. The Planning Commission shall report its recommendations to the City Council for action. Subd. 6. Interim Use Permits. The Planning Commission shall make recommendations on all requests for an interim use permit under the terms of the zoning ordinance and 0 conduct public hearings as directed by City Council or City policy. The Planning Commission shall report its recommendations to the City Council for action. Subd. 7. Subdivision Regulations. The Planning Commission shall make recommendations about the subdividing of land as prescribed by the ordinance and conduct public hearings as directed by City Council or City policy. The Planning Commission shall report its recommendations to the City Council for action. Subd. 8. Zoning Variances. All applications for variances shall be referred to the Planning Commission, and forwarded with or without recommendations directly to the City Council. The City Council shall have the powers of a Board of Appeals and Adjustments as provided for in M.S. 462.357, subd. 6, as it may be amended from time to time for its decision. Subd. 9. Appeals to Interpretation of Zoning Code Provisions or Denials of Zoning or Building Permits Based on the Zoning Code. In cases where it is alleged that there is an error in any order, requirement , decision or determination by an administrative officer in the enforcement of the Zoning Code, appeals shall be referred to the Planning Commission, and forwarded with its recommendations directly to the City Council. The City Council shall have the powers of a Board of Appeals and Adjustments as provided for in M.S. 462.359, subd. 4, as it may be amended from time to time for its decision. Subd. 10. Capital Improvements. Pursuant to M.S. 462.356, subd. 2, as it may be amended from time to time, after adoption of a comprehensive plan, the Planning Commission shall review all proposed capital improvements within the city by the municipality, or any special district or any agency thereof, or any other political subdivision having jurisdiction within the municipality, and make findings as to the compliance of the proposed capital improvement with the comprehensive plan. The City Council may by resolution adopted by two-thirds vote dispense with the requirements of this section when in its judgment it finds that the proposed capital improvement has no relationship to the comprehensive plan. Subd. 11. Purchase and Sale of Real Property. Pursuant to M.S. 462.356, subd. 2, as it may be amended from time to time, after adoption of a comprehensive plan, the Planning Commission shall review all proposed acquisitions or disposals of publically owned interests in real property within the city by the municipality, or any special district or any agency thereof, or any other political subdivision having jurisdiction within the municipality, and make findings as to the compliance of the proposed acquisition or disposal of real property with the comprehensive municipal plan. The City Council may by resolution adopted by two-thirds vote dispense with the requirements of this section when in its judgment it finds that the proposed acquisition or disposal of real property has no relationship to the comprehensive municipal plan. -5- Subd. 12. Comprehensive Plan Amendments. Pursuant to M.S. 462.355, subds. 2, 3, as it may be amended from time to time, after adoption of a comprehensive plan, the Planning Commission shall review all proposed amendments to the comprehensive plan, hold at least one public hearing, and make recommendations to the City Council relative to the amendments and their relation to the comprehensive plan and other land use controls. The Planning Commission shall report its recommendations to the City Council for action. 201.06 201.08 AMENDMENTS. This chapter shall be amended only upon approval of a majority vote of the entire City Council. (1987 Code, 201.05) (Ord. 315, passed 11-25-1996) M -D-R-A-F-T- CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING THE SHOREWOOD CITY CODE TO REPLACE EXISTING CHAPTER 201 IN ITS ENTIRETY WITH A REVISED CHAPTER 201 (PLANNING COMMISSION) Section 1. Chapter 201 (Planning Commission) of the Shorewood City Code is hereby deleted in its entirety and replaced with: "CHAPTER 201 PLANNING COMMISSION Section 201.01 Establishment 201.02 Composition 201.03 Members of Commission 201.04 Organization 201.05 Attendance 201.06 Staff for the Commission 201.07 Powers and Duties 201.08 Amendments 201.01 ESTABLISHMENT. The Planning Commission is hereby established. The Planning Commission shall be the city planning agency authorized by M.S. 462.354, subd. 1, as it may be amended from time to time. Except as otherwise provided in this ordinance, the Planning Commission shall be advisory to the City Council. 201.02 COMPOSITION. The Planning Commission shall consist of seven members, who are current residents of Shorewood, appointed by the City Council. It shall be the policy of the City to endeavor to appoint one of the Commission members who is a resident of Enchanted Island or Shady Island. (1987 Code, 201.02) (Ord. 336, passed 5-26-1998; Ord. 348, passed 1-11-1999) Attachment II 201.03 MEMBERS OF COMMISSION. Subd. 1. Term of appointment. The City Council shall by resolution appoint the Planning Commissioners to serve three-year terms and the terms shall be staggered. All appointments shall be made by resolution. Terms of appointment commence on March 1 and terminate on the last day of February, or until the vacancy is filled. Subd. 2. Liaisons. The City Council shall designate one of its members as its liaison to meet with the Planning Commission, and it shall direct the Planning Commission to designate one member of its body from time to time as a liaison to meet with the City Council and one member from time to time as a liaison to meet with the Park Commission as needed, and the Park Commission shall designate one member of its body from time to time as a liaison to meet with the Planning Commission as needed. Subd. 3. Removals. The City Council shall have the power to remove any member of the Planning Commission for just cause as defined in the Shorewood Personnel Policy and after a public hearing with two weeks published notice by a two-thirds vote of the entire City Council. Subd. 4. Vacancies. Vacancies in the Planning Commission shall be filled for the unexpired term of the member whose place has become vacant in the manner herein provided for the appointment of members. (1987 Code, 201.03) (Ord. 336, passed 5-26-1998; Ord. 348, passed 1-11-1999; Am. Ord. 406, passed 9-13-2004) 201.04 ORGANIZATION. Subd. 1. Officers. The Chairperson and Vice -Chairperson shall be appointed annually by the members of the Planning Commission. Subd. 2. Term. The term of the Chairperson and Vice -Chairperson shall be for one year. Subd. 3. Meetings and hearings. All meetings of the Planning Commission shall be held at a regularly scheduled date or at the call of the chair or at the request of a majority of the members of the Commission, in accordance with Minnesota Open Meeting Laws. Subd.4. Minutes and records. The Planning Commission shall keep minutes of its proceedings showing the vote of each member upon every question, or if absent or failing to vote indicating the fact, and shall also keep records of its hearings and other official actions. Every requirement, decision or determination of the Planning Commission shall be filed with the City Council and shall be a public record. Subd. 5. Rules and procedure. The Planning Commission shall conduct its meetings consistent with Roberts Rules of Order and other procedures consistent with the -2- statutes of the State of Minnesota or with this chapter. Subd. 6. Quorum. No business shall be conducted by the Planning Commission without a quorum, consisting of the majority of all members. The concurring vote of the majority of all members present shall be necessary to any action by the Planning Commission. (1987 Code, 201.04) (Ord. 77, passed 9-24-1973; Am. Ord. 407, passed 9-27-2004; Am. Ord. 435, passed 3-12-2007) 201.05 ATTENDANCE. Duly appointed members of the Planning Commission shall be required to attend no less than half the official meetings of the Planning Commission held within a given calendar year unless specifically excused by the Chair of the Planning Commission and said excused absences noted in the minutes. Failure to attend no less than half of the official meetings within a given calendar year, without excuse of the Chair of the Planning Commission, shall be considered as formal notice of resignation from said Planning Commission. In addition, failure to attend four - consecutive regular meetings without excuse of the Chair of the Planning Commission, shall be considered as formal notice of resignation from said Planning Commission. 201.06 STAFF FOR THE COMMISSION. The Planning Director, City Engineer, City Attorney and City Administrator may act as staff for the Planning Commission and may be required at times to attend commission meetings. City Staff may provide the Commission with information as requested by the Commission. The City Clerk or the City Clerk's designee may perform secretarial duties for the Commission, such as the keeping of minutes, and may be responsible for the keeping of records. 201.07 POWERS AND DUTIES. Subd. 1. Generally. The Planning Commission shall have the powers and duties given to city planning agencies generally by law, including the authority to conduct public hearings as directed by City Council or City policy. The Planning Commission also shall exercise the duties conferred upon it by this ordinance. Subd. 2. Comprehensive Plan. It shall be the purpose of the Planning Commission to prepare and adopt a comprehensive plan for the physical development of the city, including proposed public buildings, street arrangements and improvements, efficient design of major thoroughfares for moving of traffic, parking facilities, public utilities services, parks and playgrounds, a general land use plan and other matters relating to the physical development of the city. This plan may be prepared in sections, each of which shall relate to a comprehensive plan program. After the City Council has adopted the Comprehensive Plan, the Planning Commission may -3- periodically, but at least every five years, review the Comprehensive Plan and any ordinances or programs implementing the plan. Subd. 3. Means of Executing Plan. Upon the adoption of a comprehensive plan or any section thereof, it shall be the concern of the Planning Commission to recommend to the City Council reasonable and practical means for putting into effect the plan or section thereof, in order that it will serve as a pattern and guide for the orderly physical development of the city. Means of effectuating the plan, among other things, shall consist of a zoning ordinance, subdivision regulations, capital improvement programming and technical review, and recommendations of matters referred to the Planning Commission by the City Council. Subd. 4. Zoning Ordinance. Pursuant to M.S. 462.357, subd. 3, as it may be amended from time to time, after adoption of a comprehensive plan, the Planning Commission shall review all proposed amendments to the zoning ordinance, conduct public hearings as directed by City Council or City policy, and make recommendations to the City Council concerning zoning ordinance amendments and their relation to the Comprehensive Plan and other land use controls. The Planning Commission shall report its recommendations to the City Council for action. Subd. 5. Conditional Use Permits. The Planning Commission shall make recommendations on all requests for a conditional use permit under the terms of the zoning ordinance and conduct public hearings as directed by City Council or City policy. The Planning Commission shall report its recommendations to the City Council for action. Subd. 6. Interim Use Permits. The Planning Commission shall make recommendations on all requests for an interim use permit under the terms of the zoning ordinance and conduct public hearings as directed by City Council or City policy. The Planning Commission shall report its recommendations to the City Council for action. Subd. 7. Subdivision Regulations. The Planning Commission shall make recommendations about the subdividing of land as prescribed by the ordinance and conduct public hearings as directed by City Council or City policy. The Planning Commission shall report its recommendations to the City Council for action. Subd. 8. Zoning Variances. All applications for variances shall be referred to the Planning Commission, and forwarded with or without recommendations directly to the City Council. The City Council shall have the powers of a Board of Appeals and Adjustments as provided for in M.S. 462.357, subd. 6, as it may be amended from time to time for its decision. Subd. 9. Appeals to Interpretation of Zoning Code Provisions or Denials of Zoning or Building Permits Based on the Zoning Code. In cases where it is alleged that there 0 is an error in any order, requirement, decision or determination by an administrative officer in the enforcement of the Zoning Code, appeals shall be referred to the Planning Commission, and forwarded with its recommendations directly to the City Council. The City Council shall have the powers of a Board of Appeals and Adjustments as provided for in M.S. 462.359, subd. 4, as it may be amended from time to time for its decision. Subd. 10. Capital Improvements. Pursuant to M.S. 462.356, subd. 2, as it may be amended from time to time, after adoption of a comprehensive plan, the Planning Commission shall review all proposed capital improvements within the city by the municipality, or any special district or any agency thereof, or any other political subdivision having jurisdiction within the municipality, and make findings as to the compliance of the proposed capital improvement with the Comprehensive Plan. The City Council may by resolution adopted by two-thirds vote dispense with the requirements of this section when in its judgment it finds that the proposed capital improvement has no relationship to the Comprehensive Plan. Subd. 11. Purchase and Sale of Real Property. Pursuant to M.S. 462.356, subd. 2, as it may be amended from time to time, after adoption of a comprehensive plan, the Planning Commission shall review all proposed acquisitions or disposals of publically owned interests in real property within the city by the municipality, or any special district or any agency thereof, or any other political subdivision having jurisdiction within the municipality, and make findings as to the compliance of the proposed acquisition or disposal of real property with the Comprehensive Plan. The City Council may by resolution adopted by two-thirds vote dispense with the requirements of this section when in its judgment it finds that the proposed acquisition or disposal of real property has no relationship to the Comprehensive Plan. Subd. 12. Comprehensive Plan Amendments. Pursuant to M.S. 462.355, subds. 2, 3, as it may be amended from time to time, after adoption of a comprehensive plan, the Planning Commission shall review all proposed amendments to the Comprehensive Plan, hold at least one public hearing, and make recommendations to the City Council relative to the amendments and their relation to the Comprehensive Plan and other land use controls. The Planning Commission shall report its recommendations to the City Council for action. 201.08 AMENDMENTS. This chapter shall be amended only upon approval of a majority vote of the entire City Council. (1987 Code, 201.05) (Ord. 315, passed 11-25-1996)" -5- Section 2. This Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12t' day of April 2010. ATTEST: CHRISTINE LIZEE, MAYOR BRIAN HECK, CITY ADMINISTRATOR/CLERK in CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION APPROVING PUBLICATION OF ORDINANCE NO. BY TITLE AND SUMMARY WHEREAS, on 12 April 2010, the City Council of the City of Shorewood adopted Ordinance No. entitled "An Ordinance Amending the Shorewood City Code to Replace Existing Chapter 201 in Its Entirety With a Revised Chapter 201 "; and WHEREAS, the City staff has prepared a summary of Ordinance No. as follows: 1. Chapter 201 of the City Code establishes a Planning Commission for the city. 2. Chapter 201 describes the composition of the Commission, sets forth rules under which the Commission operates, including its organization, and describes the powers and duties of the Commission. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD: The City Council finds that the above title and summary of Ordinance No. clearly informs the public of intent and effect of the Ordinance. 2. The City Clerk is directed to publish Ordinance No. by title and summary, pursuant to Minnesota Statutes, Section 412.191, subdivision 4. 3. A full copy of the Ordinance is available at Shorewood City Hall. ADOPTED by the Shorewood City Council on this 121h day of April 2010. CHRISTINE LIZEE, MAYOR ATTEST: BRIAN HECK, CITY ADMINISTRATOR/CLERK CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mmus • cityha11@ci.shorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 25 February 2010 RE: Planning Commission By -Laws FILE NO. City Code (Chapter 201) A topic that came up at the Planning Commission in-house training session was the review of the Planning Commission's by-laws. In Shorewood there is no separate document that contains by-laws. Rather, rules establishing the Commission and how it operates are set forth in Chapter 201 of the City Code, a copy of which is attached for your use (see Exhibit A). The recommendation from the presenter was that the Commission should review the by-laws at least annually, just as a reminder of how they are to operate. In Shorewood's case, we have not reviewed or updated Chapter 201 in several years. Staff suggests that the Planning Commission review Chapter 201 to see if anything should be updated. One thing that jumps out at staff is that there is no residency requirement in the Code. We believe this to have been an oversight from the very original ordinance, since Chapter 202, which establishes the Park Commission, specifically states that all members shall be residents of Shorewood. While we typically try not to throw model ordinances at the Commission, the League of Cities has published a model ordinance for establishing Planning Commissions that may be useful. It is attached for your review as Exhibit B. Lastly, one of the items mentioned in the workshop was the question of how to handle requests by applicants for individual/private audiences with Planning Commission members. As we review the "by-laws" it presents a good opportunity to address this issue. Cc: Brian Heck Mary Tietjen 4. tom«* PRINTED ON RECYCLED PAPER CHAPTER 201 PLANNING COMMISSION Section 201.01 Establishment 201.02 Composition 201.03 Members of Commission 201.04 Organization 201.05 Jurisdiction and duties 201.01 ESTABLISHMENT. The Shorewood Planning Commission has been established pursuant to the powers and duties given the agencies generally by M.S. §§ 462.351 through 462.364. (1987 Code, § 201.01) 201.02 COMPOSITION. The Planning Commission shall consist of seven members appointed by the City Council. It shall be the policy of the city to endeavor to appoint one of the Commission members who is a resident of Enchanted Island or Shady Island. (1987 Code, § 201.02) (Ord. 336, passed 5-26-1998; Ord. 348, passed 1-11-1999) 201.03 MEMBERS OF COMMISSION. Subd. 1. Term of appointment. The City Council shall by resolution appoint the Planning Commissioners to serve three-year terms and the terms shall be staggered. All appointments shall be made by resolution. Terms of appointment commence on March 1 and terminate on the last day of February, or until the vacancy is filled. Exception: those appointments made in January, 1999, shall be effective immediately upon passage of the appointment resolution. 201-1 2006 S-1 Exhibit A 201.03 Shorewood - Boards and Commissions 201.04 Subd. 2. Liaisons. The City Council shall designate one of its members as its liaison to meet with the Planning Commission, and it shall direct the Planning Commission to designate one member of its body as a liaison to meet with the Park Commission, and the Park Commission shall designate one member of its body as a liaison to meet with the Planning Commission. Subd. 3. Removals. The City Council shall have the power to remove any member of the Planning Commission for cause as defined in the Shorewood Personnel Policy and after a public hearing with two weeks published notice by a two-thirds vote of the entire City Council. Subd. 4. Vacancies. Vacancies in the Planning Commission shall be filled for the unexpired term of the member whose place has become vacant in the manner herein provided for the appointment of members. (1987 Code, § 201.03) (Ord. 336, passed 5-26-1998; Ord. 348, passed 1-11-1999; Am. Ord. 406, passed 9-13-2004) 201.04 ORGANIZATION. Subd. 1. Officers. The Chairperson and Vice -Chairperson shall be appointed annually by the members of the Planning Commission. Subd. 2. Term. The term of the Chairperson and Vice -Chairperson shall be for one year. Subd. 3. Meetings and hearings. All meetings of the Planning Commission shall be held at a regularly scheduled date or at the call of the chair or at the request of a majority of the members of the Commission, in accordance with Minnesota Open Meeting Laws. Subd. 4. Minutes and records. The Planning Commission shall keep minutes of its proceedings showing the vote of each member upon every question, or if absent or failing to vote indicating the fact, and shall also keep records of its hearings and other official actions. Every requirement, decision or determination of the Planning Commission shall be filed with the City Council and shall be a public record. Subd. 5. Rules and procedure. The Planning Commission shall conduct its meetings consistent with Robert's Rules of Order and other procedures consistent with the statutes of the State of Minnesota or with this chapter. 201-2 2008 S-3 201.04 Planning Commission 201.06 Subd. 6. Quorum. No business shall be conducted by the Planning Commission without a quorum, consisting of the majority of all members. The concurring vote of the majority of all members present shall be necessary to any action by the Planning Commission. (1987 Code, § 201.04) (Ord. 77, passed 9-24-1973; Am. Ord. 407, passed 9-27-2004; Am. Ord. 435, passed 3-12-2007) 201.05 JURISDICTION AND DUTIES. The Planning Commission shall have the following jurisdiction and duties: Subd. 1. To prepare and recommend to the City Council a Comprehensive Plan for development of the city. The Plan shall include reasonable requirements for streets, public grounds and other public facilities and for the use of land within the corporate limits; Subd. 2. To recommend to the City Council changes to the Comprehensive Plan; Subd. 3. To act in an advisory capacity to the City Council in all matters wherein powers are assigned to the City Council by state law concerning comprehensive planning, zoning, platting, environmental regulations and other matters of general planning nature. Subd. 4. To initiate, direct and review the provisions of the zoning ordinance and the subdivision regulations and to report to the City Council its recommendation. Subd. 5. To hear, review and offer recommendations to the City Council on applications for amendments to the zoning ordinance, variance, conditional uses and planned developments. (1987 Code, § 201.04) 201.06 AMENDMENTS. This chapter shall be amended only upon approval of a majority vote of the entire City Council. (1987 Code, § 201.05) (Ord. 315, passed 11-25-1996) 201-3 2008 S-3 ORDINANCE NO. AN ORDINANCE ESTABLISHING AND FIXING THE DUTIES OF A CITY PLANNING COMMISSION WITHIN THE CITY OF , MINNESOTA THE CITY COUNCIL OF THE CITY OF , MINNESOTA DOES ORDAIN: SECTION 1. ESTABLISHMENT OF THE PLANNING COMMISSION The Planning Commission is hereby established. The Planning Commission shall be the city planning agency authorized by M.S. 462.354, subd. 1, as it may be amended from time to time. Accept as otherwise provided in this ordinance, the Planning Commission shall be advisory directly to the City Council. SECTION 2. COMPOSITION AND TERMS (A) Composition, Number. Such Planning Commission shall consist of seven members, who are residents of the city. Members shall be appointed by the City Council. In addition, the City Council shall select an ex officio member from among its own members to serve on the Commission as a council liaison to the Planning Commission. The ex officio member shall be a non -voting member who is not counted for quorum purposes. (B) Terms. Of the members of the Commission first appointed, one shall be appointed for the term of one (1) year, two for the term of two (2) years, two for the term of three (3) years, and two for the term of four (4) years. Their successors shall be appointed for terms of four (4) years. Both original and successive appointees shall hold their offices until their successors are appointed and qualified. Terms shall expire each year on December 31. (C) Compensation. All members shall be compensated at a fixed rate of per meeting attended (regular and special). (D) Removal. Members may be removed by the City Council with or without cause by a four -fifths vote of the City Council. (E) Vacancies. Vacancies during the term shall be filled by the City Council for the unexpired portion of the term. (F) Oath. Every appointed member shall, before exercising any of his or her duties, take an oath that he or she will faithfully discharge the duties of the office. Exhibit B SECTION 3. ORGANIZATION, MEETINGS, MINUTES AND EXPENDITURES (A) Officers. At the first regular meeting in January, the Planning Commission shall elect a Chairperson, a Vice -Chairperson and a Secretary from among its appointed members, each for a term of one year. The Planning Commission may create and fill other offices as it may determine necessary. (B) Meeting. The Planning Commission may hold at least one meeting each month as needed at the time and place as they may fix by resolution, subject to City Council approval and file with the City Clerk. Special meetings may be called at any time by the Chairperson, or in the case of the Chairperson's absence, by the Vice -Chairperson, or as directed by the City Council or Mayor. (C) Commission Policy on Meetings, Organizational Form and Rules of Order. Subject to approval by the City Council, the Planning Commission shall adopt rules of order or bylaws for the transaction of business, ordering meetings, adopting findings of fact and holding public hearings. (D) Minutes. Written minutes of meetings shall be kept and filed with the City Clerk prior to the next regularly scheduled City Council meeting, but shall be subject to approval at the next Planning Commission meeting. (E) Expenditures. No expenditures by the city on behalf of the Planning Commission shall be made unless and until authorized by the City Council. SECTION 4. ATTENDANCE Duly appointed members of the Planning Commission shall be required to attend no less than half the official meetings of the Planning Commission held within a given calendar year unless specifically excused by the Chair of the Planning Commission and said excused absences noted in the minutes. Failure to attend no less than half of the official meetings within a given calendar year, without excuse of the Chair of the Planning Commission, shall be considered as formal notice of resignation from said Planning Commission. In addition, failure to attend four -consecutive regular meetings without excuse of the Chair of the Planning Commission, shall be considered as formal notice of resignation from said Planning Commission. SECTION 5. STAFF FOR THE COMMISSION The City Clerk or Administrator, Building Inspector, City Planner, City Engineer and City Attorney may act as staff for the Planning Commission and may be required at times to attend commission meetings. City Staff may provide the Commission with information as requested by the Commission. The City Clerk or Administrator may perform secretarial duties for the Commission, such as the keeping of minutes, and may be responsible for the keeping of records. SECTION 6. POWERS AND DUTIES (A) Generally. The Planning Commission shall have the powers and duties given to city planning agencies generally by law, including the authority to conduct public hearings as directed by City Council or city policy. The Planning Commission also shall exercise the duties conferred upon it by this ordinance. (B) Comprehensive Plan. It shall be the purpose of the Planning Commission to prepare and adopt a comprehensive plan for the physical development of the city, including proposed public buildings, street arrangements and improvements, efficient design of major thoroughfares for moving of traffic, parking facilities, public utilities services, parks and playgrounds, a general land use plan and other matters relating to the physical development of the city. This plan may be prepared in sections, each of which shall relate to a comprehensive plan program. After the City Council has adopted the comprehensive plan, the Planning Commission may periodically, but at least every five years, review the comprehensive plan and any ordinances or programs implementing the plan. (C) Means of Executing Plan. Upon the adoption of a comprehensive plan or any section thereof, it shall be the concern of the Planning Commission to recommend to the City Council reasonable and practical means for putting into effect the plan or section thereof, in order that it will serve as a pattern and guide for the orderly physical development of the city and as a basis for judging the timely disbursements of funds to implement the objective. Means of effectuating the plan, among other things, shall consist of a zoning ordinance, subdivision regulations, capital improvement programming and technical review, and recommendations of matters referred to the Planning Commission by the City Council. (D) Zoning Ordinance. Pursuant to M.S. 462.357, subd. 3, as it may be amended from time to time, after adoption of a comprehensive plan, the Planning Commission shall review all proposed amendments to the zoning ordinance, conduct public hearings as directed by City Council or city policy, and make recommendations to the City Council concerning zoning ordinance amendments and their relation to the city comprehensive plan and other land use controls. The Planning Commission shall report its recommendations to the City Council for action. (E) Conditional Permits. The Planning Commission may make recommendations on all requests for a conditional use permit under the terms of the zoning ordinance and conduct public hearings as directed by City Council or city policy. The Planning Commission shall report its recommendations to the City Council for action. (F) Interim Use Permits. The Planning Commission may make recommendations on all requests for an interim use permit under the terms of the zoning ordinance and conduct public hearings as directed by City Council or city policy. The Planning Commission shall report its recommendations to the City Council for action. (G) Subdivision Regulations. The Planning Commission may make recommendations about the subdividing of land as prescribed by the ordinance and conduct public hearings as directed by City Council or city policy. The Planning Commission shall report its recommendations to the City Council for action. (I) Zoning Variances. All applications for variances may be referred to the Planning Commission, and forwarded with or without recommendations directly to the City Council. The City Council shall have the powers of a Board of Appeals and Adjustments as provided for in M.S. 462.357, subd. 6, as it may be amended from time to time for its decision. (I) Official Map. Pursuant to M.S. 462.359, subd. 2, as it may be amended from time to time, after adoption of a major thoroughfare plan and a community facilities plan (which may be contained in the city comprehensive plan or adopted separately), the Planning Commission, for the purpose of carrying out the policies of the major thoroughfare plan and community facilities plan, may prepare and recommend to the governing body a proposed official map covering the entire municipality or any portion thereof. The official map or maps shall be prepared in sufficient detail to permit the establishment of the future acquisition lines on the ground. In unplatted areas, a minimum of a centerline survey shall have been made prior to the preparation of the final draft of the official map. The accuracy of the future acquisition lines shown on the official map shall be attested to by a licensed land surveyor. (J) Appeals to Denials of Zoning, Land Use or Building Permits Based on the Official Map. All appeals to denials of zoning, land use or building permits based on the official map may be referred to the Planning Commission, and forwarded with or without recommendations directly to the City Council. The City Council shall have the powers of a Board of Appeals and Adjustments as provided for in M.S. 462.359, subd. 4, as it may be amended from time to time for its decision. (M) Purchase and Sale of Real Property. Pursuant to M.S. 462.356, subd. 2, as it may be amended from time to time, after adoption of a comprehensive plan, the Planning Commission shall review all proposed acquisitions or disposals of publically owned interests in real property within the city by the municipality, or any special district or any agency thereof, or any other political subdivision having jurisdiction within the municipality, and make findings as to the compliance of the proposed acquisition or disposal of real property with the comprehensive municipal plan. The City Council may by resolution adopted by two-thirds vote dispense with the requirements of this section when in its judgment it finds that the proposed acquisition or disposal of real property has no relationship to the comprehensive municipal plan. (N) Capital Improvements. Pursuant to M.S. 462.356, subd. 2, as it may be amended from time to time, after adoption of a comprehensive plan, the Planning Commission shall review all proposed capital improvements within the city by the municipality, or any special district or any agency thereof, or any other political subdivision having jurisdiction within the municipality, and make findings as to the compliance of the proposed capital improvement with the comprehensive municipal plan. The City Council may by resolution adopted by two-thirds vote dispense with the requirements of this section when in its judgment it finds that the proposed acquisition or disposal of real property has no relationship to the comprehensive municipal plan. (0) Comprehensive Plan Amendments. Pursuant to M.S. 462.355, subds. 2, 3, as it may be amended from time to time, after adoption of a comprehensive plan, the Planning Commission shall review all proposed amendments to the comprehensive plan, hold at least one public hearing, and make recommendations to the City Council comprehensive plan amendments and their relation to the city comprehensive plan and other land use controls. The Planning Commission shall report its recommendations to the City Council for action. 0XG!1111e -WWI X40MAT/0/17", N This ordinance becomes effective on the date of its publication, or upon the publication of a summary of the ordinance as provided by M.S. § 412.191, subd. 4, as it may be amended from time to time, which meets the requirements of M.S. § 331A.01, subd. 10, as it may be amended from time to time. Passed by the Council this , day of , Mayor Attested: Clerk CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mmus • cityhaII@ci.shorewood.mn.us MEMORANDUM TO: Planning Commission FROM: Brad Nielsen DATE: 10 March 2010 RE: Planning Commission By -Laws FILE NO. Municipal Code (Chapter 201) At its last meeting the Planning Commission directed staff to prepare revisions to Chapter 201 of the Shorewood City Code (Planning Commission) that update the "by- laws" by which the Commission operates. The Commission asked that certain provisions from the League of Minnesota Cities (LMC) planning commission model code be incorporated into Shorewood's Code. The significant changes included provisions addressing attendance, staffing, and jurisdiction and duties. Two provisions are worth noting — Subds. 10. and 11. on page 5. Subd. 10. requires Planning Commission review of capital improvement projects. In discussing this with the City Attorney, it is sufficient for the Commission to review the Capital Improvements Program once a year and make comments as to the consistency with the Comprehensive Plan. Subd. 11, having to do with the acquisition or disposal of public property, is statutory language that should be included in the Code. The attached draft is based upon the current Chapter 201 with deletions shown as strikeouts and additions shown in red. The draft has been forwarded to the City Attorney for her review and comment. If the Planning Commission is in agreement with the revisions, a draft amendment could go to the City Council for its consideration on 12 April. Cc: Mayor and City Council Brian Heck Mary Tietjen t.«0 PRINTED ON RECYCLED PAPER CHAPTER 201 PLANNING COMMISSION Section 201.01 Establishment 201.02 Composition 201.03 Members of Commission 201.04 Organization 201.05 T ,,,.thee o and duties Attendance 201.06 Staff for the Commission 201.07 Jurisdiction and Duties 201.08 Amendments 201.01 ESTABLISHMENT. re Lo.%-Igg--_ The Planning Commission is hereby established. The Planning Commission shall be the city planning agency authorized by M.S. 462.354, subd. 1, as it may be amended from time to time. Except as otherwise provided in this ordinance, the Planning Commission shall be advisory to the City Council. 201.02 COMPOSITION. The Planning Commission shall consist of seven members, who are current residents of Shorewood, appointed by the City Council. It shall be the policy of the city to endeavor to appoint one of the Commission members who is a resident of Enchanted Island or Shady Island. (1987 Code, 201.02) (Ord. 336, passed 5-26-1998; Ord. 348, passed 1-11-1999) 201.03 MEMBERS OF COMMISSION. Subd. 1. Term of appointment. The City Council shall by resolution appoint the Planning Commissioners to serve three-year terms and the terms shall be staggered. All appointments shall be made by resolution. Terms of appointment commence on March 1 and terminate on the last day of February, or until the vacancy is filled. Exception: those appointments made in January, 1999, shall be effective immediately upon passage of the appointment resolution. Subd. 2. Liaisons. The City Council shall designate one of its members as its liaison to meet with the Planning Commission, and it shall direct the Planning Commission to designate one member of its body from time to time as a liaison to meet with the Park Commission as needed, and the Park Commission shall designate one member of its body from time to time as a liaison to meet with the Planning Commission as needed. Subd. 3. Removals. The City Council shall have the power to remove any member of the Planning Commission for cause as defined in the Shorewood Personnel Policy and after a public hearing with two weeks published notice by a two-thirds vote of the entire City Council. Subd. 4. Vacancies. Vacancies in the Planning Commission shall be filled for the unexpired term of the member whose place has become vacant in the manner herein provided for the appointment of members. (1987 Code, 201.03) (Ord. 336, passed 5-26-1998; Ord. 348, passed 1-11-1999; Am. Ord. 406, passed 9-13-2004) 201.04 ORGANIZATION. Subd. 1. Officers. The Chairperson and Vice -Chairperson shall be appointed annually by the members of the Planning Commission. Subd. 2. Term. The term of the Chairperson and Vice -Chairperson shall be for one year. Subd. 3. Meetings and hearings. All meetings of the Planning Commission shall be held at a regularly scheduled date or at the call of the chair or at the request of a majority of the members of the Commission, in accordance with Minnesota Open Meeting Laws. Subd.4. Minutes and records. The Planning Commission shall keep minutes of its proceedings showing the vote of each member upon every question, or if absent or failing to vote indicating the fact, and shall also keep records of its hearings and other official actions. Every requirement, decision or determination of the Planning Commission shall be filed with the City Council and shall be a public record. Subd. 5. Rules and procedure. The Planning Commission shall conduct its meetings consistent with Roberts Rules of Order and other procedures consistent with the statutes of the State of Minnesota or with this chapter. Subd. 6. Quorum. No business shall be conducted by the Planning Commission without a quorum, consisting of the majority of all members. The concurring vote of the majority of all members present shall be necessary to any action by the Planning Commission. -2- (1987 Code, 201.04) (Ord. 77, passed 9-24-1973; Am. Ord. 407, passed 9-27-2004; Am. Ord. 435, passed 3-12-2007) 201.05 ATTENDANCE. Duly appointed members of the Planning Commission shall be required to attend no less than half the official meetings of the Planning Commission held within a given calendar year unless specifically excused by the Chair of the Planning Commission and said excused absences noted in the minutes. Failure to attend no less than half of the official meetings within a given calendar year, without excuse of the Chair of the Planning Commission, shall be considered as formal notice of resignation from said Planning Commission. In addition, failure to attend four - consecutive regular meetings without excuse of the Chair of the Planning Commission, shall be considered as formal notice of resignation from said Planning Commission. 201.06 STAFF FOR THE COMMISSION. The Planning Director, City Engineer, City Attorney and City Administrator may act as staff for the Planning Commission and may be required at times to attend commission meetings. City Staff may provide the Commission with information as requested by the Commission. The City Clerk or the City Clerk's designee may perform secretarial duties for the Commission, such as the keeping of minutes, and may be responsible for the keeping of records. 201.05 201.07 JURISDICTION AND DUTIES. OMNI 'PI FIR Amp Mriff F." -3- Subd. 1. Generally. The Planning Commission shall have the powers and duties given to city planning agencies generally by law, including the authority to conduct public hearings as directed by City Council or City policy. The Planning Commission also shall exercise the duties conferred upon it by this ordinance. Subd. 2. Comprehensive Plan. It shall be the purpose of the Planning Commission to prepare and adopt a comprehensive plan for the physical development of the city, including proposed public buildings, street arrangements and improvements, efficient design of major thoroughfares for moving of traffic, parking facilities, public utilities services, parks and playgrounds, a general land use plan and other matters relating to the physical development of the city. This plan may be prepared in sections, each of which shall relate to a comprehensive plan program. After the City Council has adopted the comprehensive plan, the Planning Commission may periodically, but at least every five years, review the comprehensive plan and any ordinances or programs implementing the plan. Subd. 3. Means of Executing Plan. Upon the adoption of a comprehensive plan or any section thereof, it shall be the concern of the Planning Commission to recommend to the City Council reasonable and practical means for putting into effect the plan or section thereof, in order that it will serve as a pattern and guide for the orderly physical development of the city. Means of effectuating the plan, among other things, shall consist of a zoning ordinance, subdivision regulations, capital improvement programming and technical review, and recommendations of matters referred to the Planning Commission by the City Council. Subd. 4. Zoning Ordinance. Pursuant to M.S. 462.357, subd. 3, as it may be amended from time to time, after adoption of a comprehensive plan, the Planning Commission shall review all proposed amendments to the zoning ordinance, conduct public hearings as directed by City Council or City policy, and make recommendations to the City Council concerning zoning ordinance amendments and their relation to the city comprehensive plan and other land use controls. The Planning Commission shall report its recommendations to the City Council for action. Subd. 5. Conditional Permits. The Planning Commission shall make recommendations on all requests for a conditional use permit under the terms of the zoning ordinance and conduct public hearings as directed by City Council or City policy. The Planning Commission shall report its recommendations to the City Council for action. Subd. 6. Interim Use Permits. The Planning Commission shall make recommendations on all requests for an interim use permit under the terms of the zoning ordinance and -4- conduct public hearings as directed by City Council or City policy. The Planning Commission shall report its recommendations to the City Council for action. Subd. 7. Subdivision Regulations. The Planning Commission shall make recommendations about the subdividing of land as prescribed by the ordinance and conduct public hearings as directed by City Council or City policy. The Planning Commission shall report its recommendations to the City Council for action. Subd. 8. Zoning Variances. All applications for variances shall be referred to the Planning Commission, and forwarded with or without recommendations directly to the City Council. The City Council shall have the powers of a Board of Appeals and Adjustments as provided for in M.S. 462.357, subd. 6, as it may be amended from time to time for its decision. Subd. 9. Appeals to Interpretation of Zoning Code Provisions or Denials of Zoning or Building Permits Based on the Zoning Code. In cases where it is alleged that there is an error in any order, requirement , decision or determination by an administrative officer in the enforcement of the Zoning Code, appeals shall be referred to the Planning Commission, and forwarded with its recommendations directly to the City Council. The City Council shall have the powers of a Board of Appeals and Adjustments as provided for in M.S. 462.359, subd. 4, as it may be amended from time to time for its decision. Subd. 10. Capital Improvements. Pursuant to M.S. 462.356, subd. 2, as it may be amended from time to time, after adoption of a comprehensive plan, the Planning Commission shall review all proposed capital improvements within the city by the municipality, or any special district or any agency thereof, or any other political subdivision having jurisdiction within the municipality, and make findings as to the compliance of the proposed capital improvement with the comprehensive plan. The City Council may by resolution adopted by two-thirds vote dispense with the requirements of this section when in its judgment it finds that the proposed capital improvement has no relationship to the comprehensive plan. Subd. 11. Purchase and Sale of Real Property. Pursuant to M.S. 462.356, subd. 2, as it may be amended from time to time, after adoption of a comprehensive plan, the Planning Commission shall review all proposed acquisitions or disposals of publically owned interests in real property within the city by the municipality, or any special district or any agency thereof, or any other political subdivision having jurisdiction within the municipality, and make findings as to the compliance of the proposed acquisition or disposal of real property with the comprehensive municipal plan. The City Council may by resolution adopted by two-thirds vote dispense with the requirements of this section when in its judgment it finds that the proposed acquisition or disposal of real property has no relationship to the comprehensive municipal plan. -5- Subd. 12. Comprehensive Plan Amendments. Pursuant to M.S. 462.355, subds. 2, 3, as it may be amended from time to time, after adoption of a comprehensive plan, the Planning Commission shall review all proposed amendments to the comprehensive plan, hold at least one public hearing, and make recommendations to the City Council relative to the amendments and their relation to the comprehensive plan and other land use controls. The Planning Commission shall report its recommendations to the City Council for action. 201.06 201.08 AMENDMENTS. This chapter shall be amended only upon approval of a majority vote of the entire City Council. (1987 Code, 201.05) (Ord. 315, passed 11-25-1996) W