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Home My WebLink AboutOrdinance - 77-07 - Planning Commission Repealing Ordinance No. 255 - 02/01/1977 CITY OF EDEN PRAIRIE HENNEPIN COMM, MINNESOTA ORDINANCE NO. 77-7 AN ORDINANCE RELATING TO THE CREATION OF A PLANNING COMMISSION FOR THE CITY OF EDEN PRAIRIE AND REPEALING ORDINANCE NO. 255. THE CIT'i COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN: WHEREAS, the City of Eden Prairie desires to encourage sound and harmonious growth of the czmmunity and its envircns and efficiency s and economy in the provision of facilities and services, to insure maximum returns for expenditure of public funds, and to avoid errors and waste resulting from unplanned and uncoordinated development, and WHEREAS, to these ends and for these purposes, it is necessary that there should be prepared and maintained in current form a comprehensive plan, with related studies, statements of policies, regulations and ordinances to guide the developments of the City of Eden Prairie and $ p Y s WHEREAS, it is recognized that planning is a means to theseends, and WHEREAS, the City is authorized and empowered to establish a planning commission by the provision of M.S. 462.354, NOW, THEREFORE, BE IT ENACTED BY THE City Council of the City of Eden Prairie: Section 1. Establishing Planning Commission; Qualifications of Members: terms of office. There is hereby established a planning commission, hereinafter referred to as the "commission," which shall consist of seven members appointed by the City Council from among the residents of Eden Prairie. e i In addition there shall be one ex-officio member to be appointed from the administrative staff of the city government. Terms of office for members other than ex-officio members shall be for three years and shall commence on March 1st of each year; provided, however, that in 1977 three members shall be appointed. The citizen members of the commission on the effective date of ? this ordinance shall continue to be and act as members of the commission created herein until March 1 in the year following the year in which their present term expires or until their successors have been appointed and qualified, whichever comes earlier. The ex-officio member shall be appointed for an annual term, provided that membership on the commission shall terminate with the office from which ex-officio membership is derived; to serve during the pleasure of the City Council or as may otherwise be appropriate. 4A Members other ::han ex-officio shall be appointed from among persons in a position to represent the general public interest, and no person shall be appointed with private or personal interests likely to conflict with the general public interest. If tmy person appointed shall find that his private or personal interests are involved in any matter coming before the commission, he shall disqualify himself from taking part in action on the matter, or he may be disqualified by the chairman of the commission. No one shall be appointed to the commission who holds an elective office. Commencing with those appointed to terms in March, 1977 no appointee shall serve consecutively more than two three year terms plus (1) any portion of an unexpired term to which he or she may have been appointed; or (2) the remainder of any term to which he or she had been appointed prior to March 1977, provided, however, the Council by unanimous vote may appoint a member to a further term. Section 2. Removal from Office; Vacancies. Any member of the commission may be removed from office for just cause and on written charges by a two-thirds vote of the entire City Council, but such member shall be entitled to a public hearing before such vote is taken. In addition, any member may be removed for non-attendance at planning commission meetings without action by the City Council, according to rules adopted by the planning commission. It shall be the duty of the chairman of the commission to notify the City Council promptly of any vacancies occurring in membership, -2- and the City Council shall fill such vacancies within thirty days for the unexpired term of the original appointment. Section 3. Officers_, Rules, Employees, Salaries and Expenses. The commission shall elect a chairman and vice chairman from among those of its members who are not appointed ex-o€ficio, and may create such other offices as it may determine. It shall provide itself with a secretary, either by election from among its members or by appointment of an officer or employee of the City who is not a member of the commission. All members, excluding ex- officio members, shall be entitled to vote, but a secretary who is not a member of the commission shall not be entitled to vote. Terms of all. elected offices shall be for one year, with eligibility for re-election. r The City Attorney shall act as legal counsel for the commission. The commission shall adopt rules for its governance and for the transaction of its business, and shall keep a record of attendance at its meetings and of resolutions, transactions, findings and determinations showing the vote of each member on each question requiring a vote, or if absent or abstaining from voting indicating such fact. The records of the commission shall be a public record. Subject to approval of the City Council and within limits set by appropriations or other funds made availablc, the commission may employ such staff, technicians and experts as may be deemed proper, and may incur such other expenses as may be necessary and proper for the conduct of its affairs. Members of the commission shall receive no salaries or fees for their services thereon, but may receive necessary travel, per diem, and other expenses while on official business for the commission if funds are available for this purpose. Section 4. Appropriations, Fees and Other Income. The City Council shall make available to the commission such appropriations as it may see fit for salaries, fees and expenses necessary in the conduct of its work. The commission shall have authority to expend all sums so appropriated and other sums made available for its use from grants, gifts and other sources for the purposes and activities authorized by this ordinance. l Section 5. Functions, Powers and Duties. The functions, powers and duties of the commission shall be, in general: (a) To acquire and maintain in current form such basic information and background data as is necessary to an understanding of past trends, present conditions and forces at work to cause changes in these conditions. -3- (b) To prepare and keep current a comprehensive general plan for meeting present requirements and such future needs as may be foreseen. (c) To establish principles and policies for guiding action affecting development in the City and its environs. (d) To prepare and recommend to the City Council ordinances, k regulations and other proposals promoting orderly develop- went along lines indicated as desirable by the compre- hensive plan and to recommend ordinances regulating 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 use of land for trade, industry, residence, recreation, agriculture, 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. (e) To determine whether specific proposed developments con- form to the principles and requirements for the compre- hensive plan and the ordinances. (f) To keep the City Council and the general public informed and advised as to all planning and development matters. { (g) To conduct sucn public hearings as may be required to gather information necessary for the drafting, establish- ment, and maintenance of the comprehensive plan and ordinances and regulations related to it, and to establish public committees for the purpose of collecting and compiling information necessary for the plan, or for the purpose of promoting the accomplishment of the plan in whole or in part. (h) To perform other duties which may be lawfully assigned to it, or which may have bearing on the preparation or accomplishment of the plan. In connection with its duties, and within the limit of its funds, the commission may make, cause to be made, or obtain maps, aerial photo- graphs and surveys and special studies on the location, condition and adequacy including, but not limited to: Studies on housing, commercial and industrial facilities; economic development; parks; playgrounds and other recreational facilities; schools; public and 4 private utilities; and traffic, transportation and parking. -4- All City employees shall, upon request and within a reasonable time, furnish to the commission or its employees or agents such available records or information as may be required in its work. $ The commission, or its employees or agents, may in the performance of official duties enter upon lands and make examinations or surveys in the same manner as other authorized City agents or employees, and shall have such other powers as are required for the performance of official functions in carrying out the purposes of this ordinance. Section 6. Plat Approved by Commission. As soon as a major street plan is adopted by the commission and subdivision regulations have been adopted by the City Council it shall become the responsibility of the commission to pass upon all proposed vacation of existing plat or portion thereof or new or amended plats coming directly or indirectly under the jurisdiction of the City. Section 7. Conflicts with Other Ordinances, Separability of Provisions. All ordinances or portions of ordinances in conflict herewith are repealed. Should any section of this ordinance be held unconstitutional or void, the remaining provisions shall nevertheless remain in full force and effect. Section 8. Effective Date. This ordinance shall take effect immediately upon passage. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie this 1st day of February, 1977 and finally read and adopted and i ordered published at a regular meeting of the City Council of said City on the 1st day of March 1977. 31 of Penzel, Mayor ATTEST: 6 r n D. rrane,, City Clerk j f � � Published in the Eden Prairie News on the day of , 1977. £ -5- fine towelolfthilleadool — Cmr Or EDIRN PRAIRIE YRNNErRN COUNTY.W111X=OTA AN OILDQ�At�iRRLk'lffN6 TO TRR CREATION'Oar A PLANNOMO CON- PRAIRI' rOR '"" N OR Affidavit of Publication PRAIRIE AND REliA6INO OR- DINANCE NO.21 TRt CITY COUNCO.'Or"t179i CITT Or =DEN PNu Prairie doo a to har` mooi esovirooaan amend eUie acf-aM'eoaeeeay b the protiobn d_tiaeilYYs t>IOd aelvieee, to insere maxiatrs�,MdtilM tK of •fry w ed sod air mate w •°to R�a ow w.. State of Minnesota ) a 1><aacaalae e tiMaee should and• ounty of Hennepin dui � � ) Ss. NNtatrnar a caapf IM M iedad. C ) slow d 6ilwt sad t>�•a• t MRRRb William M e G,a.r r y _ being duly sworn,on oath says he is and during ►{`„ ID:� iitNa all the time herein stated has been the publisher and printer of the newspaper known as Eden Prairie News and 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 space to at least 900 square inches, (2 n Said newspaper is a weekly vow and is distributed at least once a week. (3)Said news paper has 50%of its news column devoted to news of local interest pRsy a to the community which it purports to serve and does not wholly duplicate any other publication and is aot made up Cam , t• [ entirely of patents,plate matter and advertisements.(4)Said newspaper is circulated in and near the municipality which �slse, t it purports to serve,has at least 500 copies regularly delivered to paying subscribers,has an average of at least 75%of its W hereby assam estate total cisculation currently paid or no more than rJrre.months in arrears and has entry as second-class matter in its local ••gyp- post-office.(5)Said newspaper purports to serve the City of Eden Prairie in the County of Hennepin and it has its known minus.' sores office of issue in the City of Eden Prairie in said county,established and open during its regular business hours for the mers6ets0,.W Coa)kU gathering of news,We of advertisements and sale of subscriptions and :maintained by the managing c�ficer of said newspaper,persons in its employ and subject to his direction and control during all such regular business hours and at member to which said newspaper is printed. (6) Said newspaper files a copy of each issue imrnediately with the State Historical adaharativo east. Society.)7)Said newspaper has complied with all the foregoing conditions for at least one year preceding uw day or dates Terms al sM";er tltea of publication mentioned below. (8)Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, ON'0111100 rsMeltKs el 1976 and each January I thereafter an affidavit in the form prescribed by the Secretary of State and signed by the yeareold b tl77 nrt.naging officer of said newspaper and sworn to before a notary public stating that the newspaper i a legal newspaper. eercb Year:tom• The ane mambarei Sao _ Legal Cilium memho"ad tie oa tht He further states on oath Viat the pruded ....... _ _ ... ... llteetive date Of,_ hereto attached as apart reereatiowal a:t�eboOfs: _ _ _ Private utilities- mad tralEie, tr "Or hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, andeeieeAyo thole,larnleh to City - aeoa� o once each week, for one, successive weeks; that it was first so published on Tf' a rs the 24 th. tbo commil=ig a Or tie saqyioyaw or Oats W umb aVe010 VOW&or tnlarmaWs as day of March 1977 and was thereafter printed and published on every __ to and may he is its weedt. Us,aom- in 4 O�eea Kenta, including the day of 19 and that the following is a printed copy of the lower case alphabet emcw OWN tspon and make "emdeatpss or from A to Z.both inclusive,and is hereby acknowledged as being the size and kind of type used in the composition and ttineys is the agate mamer, as other outtwrfsed CNy errata♦"or*ng0kW ea.end publication of said notice,to wit: shay bare racb othot pow+are.aa are rs4a►nd for the p0llerlaanCe at otseld Hmcthan is car out the p epos"at thb ordinance• abedefghijklmnopgrstuvwxyz Swiss d: no,ApMewed 67 Core- a�-bales.An am as A ester street plwrt depied s by the gastafiOies aad tdae cit r�� ttu'sbW tteceme tbWe r Oars rep00asihlttgr d tf►a aemnaiss�itar m' / pMtlost1higroofey�y caw el>M laellwelt�+ the _ __ _ j� Subscribed and sworn to before me this "f�day of e.'Onstitet� PUl lOnal K Yeid tilt aTJwWe■�-ice.....-_ 1�irK� �'. 0."' _ •i (Notarial Seal) e ' Notary public, v —. _.._County Minnesota My Cornmission Expires LORRAINE LANO n i ' NCiARY PUBLIC—MINNESOTA CARVER COUNTY ■(// w - I,+: f•. •rrs,ion Expires Juno 29.1982 -000,04 U228H aullanbjef' jo SJuapn . •aas �aqy '�Ba[�t>� sactlnral d a�epve'WJOA le 61 44r-18W c!'..1. �tep.�stAgS qa 1. ?W:1$ ate ur>l�u'4^itxlufa�r aa►�1144'ic8gy'•` , i