(A) Establishment of Commission. A Planning Commission for the city is established. The Commission shall be the city planning agency as authorized by M.S. § 462.354, Subdivision 1, .
(B) Composition.
(1) Membership. The Planning Commission shall consist of five members appointed by the Mayor with the approval of the City Council. One member may be a Council Member or the City Administrator/Clerk-Treasurer, appointed by the Mayor with Council approval, for a one-year term to expire on December 31 of each year. If no member of the City Council is appointed to the Planning Commission, then one member of the Planning Commission shall attend at least one City Council meeting per month to advise the Council of the Planning Commission activities.
(2) Terms, vacancies, oath. Of the members of the Planning Commission first appointed, one shall be appointed for the term of one year, two for the term of two years and two for the term of three years. Their successors shall be appointed for the terms of three years, commencing January 1 of the calendar year. Both original and successive appointees shall hold their offices until their successors are appointed by the Mayor and approved by the Council. Vacancies during their term shall be filled for the unexpired portion of the term. Every member shall, before entering upon the discharge of their duties, take an oath that they will faithfully discharge the duties of their office.
(C) Organization; meetings.
(1) Officers. The Commission shall elect a Chairperson from among its appointed members for the term of one year at the beginning of each calendar year. The Commission may create and fill other offices as it may determine.
(2) Meetings, records, reports. 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. The Chairperson or other person designated by the Commission shall submit a monthly report to the City Council of its works during the preceding month. Expenditures of the Commission shall be within amounts appropriated for the purpose by the City Council. Three members shall constitute a quorum. A majority vote is required to approve or disapprove.
(D) Powers and duties of the Commission.
(1) Plan. The Planning Commission shall be the planning agency and shall have the powers and duties given such agencies generally by law. The Commission shall also exercise the duties conferred upon it by this chapter.
(2) Zoning Ordinance. No zoning ordinance or amendment thereto shall be adopted by the Council until a public hearing has been held thereon by the Planning Commission upon notice, as provided in M.S. § 462.357, Subdivision 3, as it may be amended from time to time.
(3) Conditional uses. The Planning Commission shall make recommendations on all requests for a conditional use permit under the terms of this chapter. The Commission shall report its recommendations to the Council for action.
(4) Variances. All applications for variances shall be referred to the Planning Commission and forwarded with or without recommendations to the Council for its decision.
(5) Subdivision/plats; approval. Any plat of land shall be referred to the Planning Commission for review and recommendations prior to final approval by the Council. Any plat so referred shall be returned to the Council by the Commission within 30 days. Failure of the Commission to report within that period is deemed to have satisfied the requirements of this subdivision.
(E) Appeals. The Planning Commission shall have the power and duty of hearing and making recommendations to the City Council in the following cases.
(1) Appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of this chapter.
(2) Requests for a variance from the literal provisions of this chapter in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration.
(F) Variances. In recommending any variance, the Planning Commission may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of any conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter.
(G) Discharge of powers.
(1) In exercising the aforementioned powers, the Planning Commission may make recommendation to the City Council, so long as the action is in conformity with the terms of this chapter, reverse or affirm, in whole or in part, or may modify the order, requirements, decision or determination appealed from, and may make such order, requirements, decision or determination as ought to be made, and to that end shall have powers of the administrative official from whom any appeal is taken.
(Ord. 221, passed 11-6-1995; Am. Ord. 246, passed 11-1-2004) Penalty, see § 10.99