(A) Establishment. A Planning Commission is hereby established.
(B) Composition. The Planning Commission shall consist of 7 members who shall be appointed by the Council and may be removed by a 4/5 vote of the Council. The City Administrator, or his or her designee, one member of the Council, and the City Attorney shall be members ex officio who shall serve in an advisory capacity only and without voting privileges. In the absence of a regularly appointed City Attorney, the Council may appoint an attorney as a member to the Commission who shall act as attorney for the Commission and shall be entitled to compensation for services thus rendered. Of the members of the Commission first appointed, 1 shall be appointed for the term of 1 year, 2 for the term of 2 years, 2 for the term of 3 years, and 2 for the term of 4 years. Their successors shall be appointed for the term of 4 years. Terms of such members shall commence and said appointments shall be made at the first regular Council meeting in January of each year. The terms of ex officio members shall correspond to their respective official tenures. Nominations are to be made by the Mayor on advice and recommendation of the Council and shall be appointed by majority vote of the Council. Every appointed member shall, before entering upon the discharge of his or her duties, take an oath that he or she will faithfully discharge the duties of his or her office. All members shall serve without compensation with the exception of an attorney who may be engaged as a member of the Commission.
(C) Organization, meetings, and the like. The Commission shall elect a Chairperson from among the appointed members for a term of one year; and the Commission may create and fill such other offices as it may determine. The Commission shall hold at least one regular meeting each month. It shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, and findings, which record shall be a public record. On or before January 1 of each year the Commission shall submit to the Council a report of its work during the preceding year. Expenditures of the Commission shall be within amounts appropriated for the purpose by the Council.
(D) Preparation of comprehensive plan. It shall be the function and duty of the Planning Commission to recommend a Comprehensive 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, the 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.
(E) Procedure for adoption of plan. 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 hearing. The adoption of the Comprehensive 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 its total membership. The Commission may from time to time amend or add to the Comprehensive Plan or section thereof whenever changed conditions or further studies by the Commission indicate that such amendment or addition is necessary.
(F) Means of executing plan. Upon the adoption of the Comprehensive Plan or any section thereof, it shall be the duty of the Planning Commission to recommend to the Council reasonable and practicable means for putting into effect such Plan or section thereof in order that the same will serve as a pattern and guide for the orderly physical development of the city and as a basis for the efficient expenditure of the funds thereof relating to the subjects of such Comprehensive 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 expenditures and such other matters as will accomplish the purposes of this division.
(G) Plats.
(1) Every proposed plat of land within the city or within 2 miles of the limits of the city and not within a town which itself requires approval of plats shall be submitted to the Council before being filed, and no plat of land shall be filed unless and until the same shall first have been approved by the Council.
(2) It is unlawful for any person to violate this provision or to sell land or offer land for sale or contract for the sale of land by reference to or by other use of any plat before such plat has been approved by the Planning Commission and the Council in accordance with the provisions of this subsection.
(3) The Planning Commission shall act on such plat and shall make its recommendations with respect thereto. Such recommendations may consist of:
(a) Recommendation that the Council approve such plat; or
(b) Recommendation that the Council disapprove such plat, in which case such recommendation shall include a statement of the specific reasons for such recommendation; or
(c) Recommendation that the Council approve such plat after specified changes or revisions are made therein, which recommendations may include the condition that a revised plat, containing such changes or revisions, be submitted to the Planning Commission for its further consideration and recommendations before action thereon by the Council.
(1975 Code, § 2.44) (Ord. 139, passed 1-22-1960; Ord. 447, passed 2-19-1968)