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HomeMy WebLinkAboutOrdinance - 255 - Creating a Zoning and Planning Commission - Amending Ordinances No. 9 and No. 30 - 04/09/1974 ORDINANCE NO. 255 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINN. AN ORDINANCE RELATING TO THE CREATION OF A ZONING AND PLANNING COMMISSION-FOR THE CITY OF EDEN AIRI E AND REPEALING ORDINANCES #9 and THE COUNCIL OF THE CITY Or EDEN PRAIRIE DOES ORDAIN: Section 1. Appointment, A Zoning and Planning Commission is hereby established and vested with such administrative authority as is hereinafter provided and provided by the ordinances of the City of Eden Prairie and the laws of the State of Minnesota. The who have been residents of the City for at 1east2 _Yrs . Commission shall consist of six citizens of said city appointed by the City Council on the basis of their particular fitness for the duty on said planning commission and one member of the Village Council. The City Manager shall be an ex-officio member of said Commission and such ex officio member shall not have the right to vote on matters before the Commission. Section 2. Term of Office. Ex-officio members shall serve for the term of their respective office. The six appointed citizen members - each shall serve for a period of 1 three years. Two members shall be appointed each year. Vacancies shall be filled by appointments for unexpired terms only. The citizen members who are members of the Commission, on the effective date of this ordinance, shall continue to be and act as members of the Commission until the expiration of the terms for which they were originally appointed. i The members of the Commission shall serve without compensation other than such compensation as its members may receive for other services performed for the city. Any member of said Commission may be removed by majority of vote of the Council for misconduct or neglect of duties. The secretary of the Council shall act as secretary I of the Commission and the City Attorney shall act as legal counsel for the Commission. Section 3. Zoning Powers. The Zoning and Planning Commission, subject to approval and confirmation of the City Council shall have power by ordinance to regulate the location, height, bulk, number of stories, size of buildings and other structures, the location of roads and schools, the percentage of lot which may be occupied, the sizes of yards and other open spaces, the density and distribution of population, the uses of buildings and structures for trade, industry, residence, recreation, public activities, or other purposes, and the uses of land for trade, industry, residence, recreation, agri- culture, forestry, soil conservation, water supply conservation, or other purposes. For these purposes it may divide the City into districts or zones of such numbers, shape and area as may be deemed best suited to carry out the purposes of this subdivision. Section 4. City Plan. The Zoning and Planning Commission shall prepare and recommend to the City Council for adoption a comprehensive plan for the development of the city, including proposed public building, street arrangements and improvements, public utility service, parks, playgrounds, and other similar development, the use of the property, the density of population and such other matters relating to the physical development of the city. Such plan may be prepared in sections, each of which shall relate to a irajor subject of the plan. . 1 Section 5. Public Hearing on the Plan. Before recommending to the City Council the adoption of the city plan or an section of it or an substantial amendment thereof or P YP Y Y addition thereto, the Commission shall hold at least one public hearing thereon, notice of the time and place of which shall be published in the official newspaper of the city at least seven days before the date of such hearing. Section 6 - City Council Action. The City Council may adopt or reject any plan or any amendment of it or addition to such plan which may be submitted to it by the Zoning and Planning Commission, The City Council may amend or add to any plan submitted to it but shall hold at least one public hearing on any amendment or addition after giving the published notice hereinbefore required. That this ordinance shall take effect from and after its publication. Section 7. Repeals. The ordinances creating a Planning Commission for the City of Eden. Prairie carrying No. 9 and No. 30 and any other ordinances which conflict with any provision or provisions of this ordinance are hereby repealed. - 2 - 1 Section 8. Effective Date. The effective date of this ordinance shall be upon adoption and publication. FIRST READ at a regular meeting of the Council of the City of Eden Prairie this 9th day of April 1974, and finally read and adopted and ordered published at a regular meeting of the Council of said City of the P`3rd day of April , 1974. David stet o ayor of the City of Eden. Prairie ( S E A L) _ ATTES',� r John D Frane, i ge Clerk Published in the Eden Prairie Sun on the day of February, 1974. - 3 - 4 � SUNNEWSPAPERS ,. AFFIDAVIT OF PUBLICATION tf H1DWEf.K EDEN PRAIRIE SUN -r "01 W. 78th St. Bloomington, Minnesota II State of Minnesota County of Hennepin n I J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has been We vice president and printer of the newspaper known as The Eden Prairie Sun and { "a has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed I 1 space to at Ienst 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 of its news columns devoted to news of local Interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which It purports to serve, has at least 500 copies regularly delivered to paying subscribers, liar an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second- class matter in its local post-office. (5) Said newspaper purports to serve the Village of E 1 Eden Prairie in Hennepin County and it has its known office of issue in the City of I Bloomingtcn in Hennepin County, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscription and maintained by the managing officer or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such business hours to the business of the newsppaer and business related thereto. (6) Said newspaper files a copy of each issue immediately with the Stale Historial Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceG...k U,a aiay or dates of publication "t 'Mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior . to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. I He further states on oath that the printed_ (DT`d11'1ance No. 255 11 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed !� is and published therein in the English language. once ce each week for 011@ successive weeks: that it was first so pubLshed on ` hnirS the 6 day of June , 19 24 and was thereafter printed and published on every to and including s, I —the--day of 19— and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to-wit: i abcdefgbi jklmnopgrsluvwsy: r I Subscribed and sworn to before me this 6 day of June19 74 i 'I (Notwial Seal) NO G. M. Vest, Notary Public, Hennepin County, Minn. My Commission Expires April 18th, 1979.