301. Planning Commission

SECTION 301.01 Appointment of Planning Commission:

The Planning Commission shall comprise five (5) members. The existing members on the effective date of this Ordinance shall continue to serve the terms to which they were appointed with the result that the terms of two (2) members shall expire December 31, 1996, the term of one (1) member shall expire December 31, 1997, and the term of two (2) members shall expire December 31, 1998. Upon expiration of the respective terms, the persons appointed by the Council shall serve a three (3) year term commencing January 1st.

One of the five members shall be the chair of the commission. Each year at the December regular council meeting, the Mayor shall appoint one of the commission members to be the chair commencing January 1st.

Members to the commission shall be nominated by the Mayor and appointed by the Council by majority vote of the entire Council. The nominations and appointments shall occur at the December regular Council meeting and the term shall begin January 1st.

If a vacancy occurs during a member's term, then as soon as conveniently possible thereafter a replacement member shall be appointed to complete the remaining term. The replacement member shall be nominated by the Mayor and appointed by the Council by majority vote of the entire Council.

Members of the Planning Commission may be removed from office prior to the end of their term without a hearing and with or without cause by a majority vote of the entire Council. (Ord. 96-13, 9/3/96)



SECTION 301.02 Powers and Duties of the Planning Commission:

The Planning Commission shall have all of the powers and duties prescribed for the planning agency by Minnesota State Statutes. The Planning Commission shall consider amendments to the Zoning Ordinance, variances to the Zoning Ordinance upon reports from the City Council and such other matters as are required to be referred to it by the City Council or any statutes of the State of Minnesota. The City Council shall act as the board of adjustments and appeals for the City for all purposes.

Recommendations and findings of the Planning Commission shall in all cases be advisory to the City Council, which may take such action thereon as it deems proper. (Ord. 96-14, 9/3/96)



SECTION 301.03 Procedure of the Planning Commission:

The Planning Commission shall prescribe its own rules of procedure to the extent permissible under statute and to the extent that such rules are consistent with the City Ordinances. The members may elect a vice chairman, a secretary, and such other officers as they shall deem appropriate. The Commission shall provide a written record of its proceedings, including the minutes of its meetings, findings, and the action taken by the Commission on each matter referred to it or heard by it, including the final recommendation. Hearings shall be held by the Commission in all matters where public hearings are required by the statutes of the State of Minnesota or the Ordinances of this City, and hearings may be afforded to any interested parties on any other matter where the Commission deems it appropriate.

The Commission shall submit reports directly to the City Council, which reports shall include the recommendations of the Commission as to action to be taken by the Council.



SECTION 301.04 Time and Place of Meeting:

The Planning Commission shall have monthly regular sessions at the times and on the days shown by the schedule of regular meetings. The schedule shall be adopted by resolution of the commission and shall be kept on file at the City's primary office and at the clerk's office. If the regularly scheduled meeting falls on a holiday or on a day on which the commission is not by law permitted to meet, then the regular monthly meeting shall be on the next following Wednesday. Adjourned meetings of the commission and special meetings of the commission shall be set by the commission on days and at times that the commission may deem proper. All meetings shall be held in the place designated on the schedule by the commission. If the commission decides to hold a regular meeting at a time or place different from the time or place stated in its schedule of regular meetings, it shall give the same notice of the meeting that is provided for a special meeting.

The schedule of regular meetings shall be adopted by resolution at the December regular meeting for the upcoming calendar year.

Special meetings may be called by the chair or any two members in writing, filed with the clerk at least three (3) days prior to the time specified for the meeting, excluding Sundays and holidays. The demand for the special meeting shall specify the date, time, place and purpose of the special meeting. At least three (3) days prior to the meeting, excluding Sundays and holidays, the clerk shall mail a notice of the special meeting to all members; the notice shall state the date, time, place and purpose of the special meeting. The clerk shall prepare an affidavit that shows the mailing of the notice in the manner here prescribed. The clerk shall post written notice of the date, time, place and purpose of the special meeting on the principal bulletin board of the City, or if the City has no principal bulletin board, then on the door of the commission's usual meeting place. The notice shall also be mailed or otherwise delivered to each person who has filed a written request for notice of special meetings with the City. This notice shall be posted and mailed or delivered at least three (3) days before the date of the meeting, excluding Sundays and holidays. A person filing a request for notice of special meetings may limit the request to notification of meetings concerning particular subjects, in which case the clerk is required to send notice to that person only concerning special meetings involving those subjects. The commission may establish an expiration date for request for notices of special meetings and require refiling of the request once each year. Not more than sixty (60) days before the expiration date of a request for notice, the clerk shall send notice of the refiling requirement to each person who filed during the preceding year.

Emergency meetings may be called by the chair or any two members in writing filed with the clerk. The demand for the emergency meeting shall specify the date, time, place and purpose of the emergency meeting. As soon as possible the clerk shall telephone all members and leave a message that informs the member of the date, time, place and purpose of the meeting; if a member cannot be reached by telephone, then the telephone message may be left with an adult at the residence of the member or on the answering machine of the member at the member's residence. If the message cannot so be left, the clerk shall deliver a written notice to the residence of the member and tape it to the front door of the residence. The clerk shall make good faith efforts to provide notice of the meeting to each news medium that has filed a written request for notice if the request includes the news medium's telephone number. Notice of the emergency meeting shall be given by telephone to each requesting news medium. Notice shall be provided to each news medium which has filed a written request for notice as soon as reasonably practicable after notice has been given to the members. Notice shall include the date, time, place and purpose of the emergency meeting. Posted or published notice of an emergency meeting shall not be required. An "emergency" meeting is a meeting called because of circumstances that, in the judgment of the commission, require immediate consideration by the commission.

If a person receives actual notice of a meeting of the commission at least 24 hours before the meeting, whether a special or emergency meeting, then all notice requirements of this Section 301.04 are satisfied with respect to that person, regardless of the method of receipt of notice. (Ord. 96-15, 9/3/96)



SECTION 301.05 Application Deadline:

Except as otherwise required under this Code, all applications for Planning Commission consideration must be received by the City Planner no later than thirty days before the Planning Commission meeting at which the application is to be considered. (Ord. 96-16, 9/3/96)