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02-25-199211r,__'1HTy OF RICHEK91Z Planning Commission AGENDA FEBRUARY 25, 1992 7:30 p.m. Rolm cmu Approve of Mmutso Regular Planning Commission meeting of January 28, 1992. PUMAO Ha& rm' s ITEM #1 92- PLAT -1 6625 Lyndale Avenue Richfield State Agency, Inc. Replat property into three I separate parcels. ITEM #2 92 -SD -1 7701 -05 Morgan Avenue Leaseback Properties Limited Partnership, Subdivide property into two separate lots. l II; Mi . ITEM #3 Information Letter #3 ITEM #4 Information Letter #4 ITEM #5 Information Letter #5 ITEM #6 Information Letter #6 ORdl BU01,11M830 Uazoim Ialgorrto Ordinance amendment to Home Occupations Election of Planning Commission Chairperson, Vice - Chairperson, and Secretary Approval of Planning Commission Bylaws Appointment of liaisons to the Community Services Advisory Commission, City Council, HRA and School Board School Board Community Services Advisory Commission HRA City Council AdHoc 135/1494 Traffic Committee CITY OF RICHFIELD PLANNING COMMISSION MINUTES January 28, 1992 - Regular Meeting MEMBERS PRESENT: Chairperson William Snyder; Commissioners: Nancy Edwardson, Robert Elliott, Timothy Erlander, Michael Gallagher, Daniel Linnihan, Morris Nilsen II, and Thomas Scaglia (arrived at 7:40 p.m.) MEMBERS ABSENT: Commissioner David Sumnicht COUNCIL LIAISON: Martin Kirsch, Mayor STAFF PRESENT: Byron Wallace, Community Development Director; Bill Weaver, City Planner; and Shawn Drill, Zoning Administrator The Planning Commission meeting was called to order by Chairperson Snyder at 7:30 p.m. APPROVAL OF MINUTES M /Erlander, S /Gallagher to approve the minutes of the rescheduled Planning Commission meeting of December 10, 1991. Motion carried: 7 -0 PUBLIC HEARINGS ITEM #1 91 -CUP -6 PASTA SEMPLICHE, 704 WEST 66TH STREET, CONDITIONAL USE PERMIT TO ALLOW RESTAURANT Chairperson Snyder announced that the Pasta Sempliche Restaurant proposal was withdrawn by the applicant on January 22, 1992. General discussion regarding the application followed. ITEM #2 92- APUD -1 MARKET PLAZA, 700 WEST 66TH STREET, AMENDMENT TO FINAL DEVELOPMENT PLAN TO ALLOW VALET PARKING STRUCTURE Chairperson Snyder announced that the valet parking structure proposal was withdrawn by the applicant on January 22, 1992. General discussion regarding the application followed. Planning Commission Minutes January 28, 1992 Page 2 Commissioner Scaglia arrived. ITEM #3 92- PLAT -1 7215 LOGAN AVENUE SOUTH, PLATTING AND SUBDIVISION OF PROPERTY Zoning Administrator Drill presented the staff report. Mr. Drill stated that the request consisted of platting and subdividing the parcel into two lots. Mr. Drill reviewed the proposed plat plan, stating that all City subdivision regulations would be met. Mr. Drill also stated that both proposed lots would be in compliance with zoning and the comprehensive plan for single family development. Staff recommended approval of the preliminary plat with two stipulations. Responding to Commissioner Erlander's question, Mr. Drill stated that stipulation #2 in the staff report should be amended to address only the current taxes payable. Jan Susee, representing owner Isabelle DuKatz, and also representing Mrs. Wittenborg, purchaser of proposed Lot 1, stated that if..the plat is approved, a new single-family home would probably be constructed within the next year. Mr. Susee stated that consideration would be given to preserve as many trees as possible. Mr. Susee also stated that proposed Lot 2 is large enough to subdivide into two lots, however, the applicant chooses not to do so at this time. M /Erlander, S /Nilsen to close the public hearing. Motion carried: 8 -0. M /Scaglia, S /Elliott to recommend approval of the preliminary plat with the following stipulations: 1. That grading information be submitted with any building plans. 2. That it be demonstrated that current taxes due and payable have been fully paid. Motion carried: 8 -0. Planning Commission Minutes January 28, 1992 Page 3 ITEM #4 92 -CUP -1 PARENTS IN COMMUNITY ACTION, INC., 7001 ELLIOT AVENUE SOUTH, CONDITIONAL USE PERMIT FOR HEAD START PROGRAM Zoning Administrator Drill presented the staff report. Mr. Drill stated that Parents In Community Action (PICA) is requesting a conditional use permit to operate a Head Start program in the R- residence district. He stated that by using a rotating schedule, the program would serve 80 economically disadvantaged children in the Richfield and Bloomington area. Only 40 children would be on the premises at one time. He also stated that Head Start provides all transportation to and from the site. Mr. Drill reviewed the site plan, noting that there would be no physical changes to the property. Staff recommended approval of the conditional use permit with one stipulation relating to building and fire codes. In response to Commissioner Gallagher's question, Mr. Drill stated that PICA is a nonprofit organization which administers the Head Start program in Hennepin County. Head Start is a federally funded program. The applicant was not present. M /Erlander, S /Linnihan to close the public hearing. Motion carried: 8 -0. M /Elliot, S /Edwardson to recommend to the City Council approve the request with the following stipulation: 1. All building and fire codes be met prior to occupancy. Motion carried: 8 -0. NEW BUSINESS ITEM #5 INFORMATION LETTER #1 PLANNING COMMISSION BYLAWS- Community Development Director Wallace reviewed Information Letter #1, stating that an annual review of the bylaws is required at the organizational meeting each February. Any proposed changes to the bylaws must be written into the minutes of the previous meeting. Planning Commission Minutes January 28, 1992 Page 4 M /Erlander, S /Linnihan to amend Part I, Section 1 of the bylaws, changing the meeting start time from 7:30 p.m. to 7:00 p.m. Commissioner Scaglia stated that some Commissioners would not be able to make a 7:00 p.m. meeting time due to other responsibilities. A vote on this motion will take place at the regular February meeting. M /Gallagher, S /Erlander to amend Part I, Section 5 of the bylaws, changing a quorum from six members to five members. A vote on this motion will take place at the regular February meeting. M /Scaglia, S /Erlander to amend Part I. Section 6 of the bylaws, adding language which would require that all recommendations to Council have a minimum of four consenting votes from the Planning Commission. A vote on this motion will take place at the regular February meeting. M /.Scaglia, S /Gallagher;to repeal Part III-;-Section 3 of the bylaws, which requires annual review of the bylaws. A vote on this motion will take place at the regular February meeting. ITEM #6 INFORMATION LETTER #2 - FOURTH QUARTER REPORT OF ADMINISTRATIVE REVIEW COMMITTEE (ARC) ACTIVITY The Planning Commission reviewed the quarterly ARC report. General discussion regarding ARC issues for the Pasta Sempliche restaurant proposal followed. No Planning Commission action was necessary. OLD BUSINESS None. Planning Commission Minutes January 28, 1992 Page 5 LIAISON REPORTS School Board: None Community Services Advisory Commission: None HRA: None City Council: Mr. Wallace stated that the City Council approved CDP's plan. He also stated that the City Council reappointed all three Commissioners seeking another term. Ad Hoc Traffic Committee: Commissioner Nilsen stated that Light Rail Transit options were discussed at the last meeting. ADJOURNMENT The meeting was adjourned by unanimous consent at 8:30 P.M. Timcfthy Erlander Planning Commission Secretary 6 Item: #1 Agenda Section: Public Hearing Case: #92- Replat -1 Date: February 25, 1992 Petitioner: Location: Type of Request: Zoning: Land use: Comprehensive Plan: References: City Ordinance: GENERAL INFORMATION Richfield State Agency 6625 Lyndale Avenue South Replat of Richfield State Agency PC -2, planned general commercial Commercial Central business district Section 500 of the City Code outlines the requirements for platting and subdivision approval. ACTION Proposed Change: Replat of property into three separate lots. There would be no physical changes to the property. Staff Recommendation: Recommend approval of the replat with stipulations. HISTORY Public Notice: Notice of public hearing was mailed to property owners within 350 feet of the subject property. Public Hearing: The Planning Commission will conduct a public hearing on February 25, 1992. City Council: Planning Commission action would set a City Council hearing date of March 23, 1992. ANALYSIS Issues: Richfied State Agency is proposing to replat their property at 6625 Lyndale Avenue South. Last year, Richfield State Agency purchased the last lot needed to give them full ownership of the two block area. There are no proposed changes to buildings, drainage, landscaping, lighting, or other parts of the site. The replat is the first step in a plan to torrens all of the property and simplify the legal description. RECOMMENDATIONS Recommended Action: Preferred: Recommend that the City Council approve the replat with the following stipulations: 1. That the applicant demonstrate that all current taxes payable have been paid in full. 2. That the applicant provide the City with evidence of clear title. Basis: The replat would simplify the lengthy legal description without affecting development on the property. Alternative: Recommend that the City Council deny the replat with a finding the the proposal will have an adverse impact. blD iii { c i i' i t Hili 46" it I a 0 PEI PC PC PC pmwd 1) rel R, CITATIONS City Ordinance 500.03. General provisions. Subdivision 1. Application. Plats and subdivisions of land in the city shall be made in accordance with the provisions of this section. Subd. 2. Council approval;, platting authority. All plats or subdivisions of land in the city must be approved by council resolution pursuant to the provisions of Minnesota Statutes section 462.357; the council is the platting authority as defined in that section. 500.05. Conveyances by metes and bound. Subdivision 1. Conveyances prohibited. No conveyance of land in which the land conveyed is described by metes and bounds or by reference to a plat made after March 11, 1940, which is not approved by council resolution, shall be made or recorded if the parcel described in the conveyance is less than five acres in area and 300 feet in width unless such parcel was a separate parcel of record as of Marchy11, 1940, or unless an agreement to convey such smaller parcel was entered into prior to that time and the instrument showing the agreement to convey is recorded in the office of the register of deeds within one year thereafter or was a separate parcel of not less than two and one -half acres in area and 150 feet in width on January 1, 1966, or is a single parcel of land not less than five acres and having a width of not less than 300 feet. Subd: 2. Subdivision waiver. In any case in which compliance with subdivision 1 will result in an unnecessary hardship and failure to comply does not interfere with the purpose of the platting regulations of this section, the council may waive such compliance by adoption of a resolution to that effect, and the conveyance may then be recorded. The council may at its option refer such questions to the planning commission for recommendation before council action. Subd. 3. Noncompliance: penalty. Any owner or agent of any owner of land who conveys a lot or parcel in violation of this subsection shall forfeit and pay to the city a penalty of 5100 for each lot or parcel so conveyed as provided by law. Any penalty so levied may be collected by the city by action in a court of competent jurisdiction. Subd. 4. Noncompliance: injunction. The city, in addition to imposing the penalty provisions of subdivision 3, may bring appropriate proceedings to enjoin any conveyance not complying with this subsection. Richfield City Code 500.05, Subd. 5 Subd. 5. Scope of subsection. This subsection does not apply to plats recorded prior to March 11, 1940, or to the sale or exchange of small parcels of land to or between adjoining property owners where such sale or exchange does not create an additional lot or space sufficient to construct an additional residence thereon. Subd. 6. Application fee. Applications for plat or subdivision approval or for waiver of preliminary platting procedures shall be accompanied by the fee provided in appendix D of this code. 500.07. Specific conditions of plat approval. Subdivision 1. Streets. Before the approval of any plat or subdivision, the proposed plat shall be checked as to measurements of all lots, streets and public lands. Proposed streets on such plat or subdivision shall conform to the street plan of the city as hereinafter specified. In considering requirements for the location and width of streets, consideration may be given to the prospective character of the development, and reasonable conditions and requirements for the establishment of such streets may be required by the council as a condition precedent to approval of the plat or subdivision. Subd. 2. Grades, utilities, etc. As a condition precedent to the approval of the plat of lands located within the city, the council may prescribe requirements of the extent to which and the manner in which streets shall be granted and improved, utilities installed, and any other matters reasonably related to the manner in which the area being subdivided or platted shall be developed. Subd. 3. Dedication of park land. In appropriate plats or subdivisions to be developed for residential uses, the council may require that a portion of such land of sufficient size and character be set aside and dedicated to the public for public use as parks and playgrounds. The subdivider may, however, contribute an equivalent amount in cash as determined by the council and all such payments received by the city shall be placed in a special fund and used only for the acquisition of land for parks and playgrounds. Subd. 4. Contract and bond. In lieu of the completion of work required as a condition precedent to approval of a subdivision or plat, the council may give approval upon the execution of a contract and bond in form and amount satisfactory to the council, providing for and securing to the city the actual construction and installation of such improvements, utilities and other developments within the period specified in the contract and bond not exceeding two years. Subd. S. Public improvements: limitation. Except as otherwise provided in this subsection, no electric or gas distribution lines and piping, roadways, walks, curbs and other similar improvements shall be constructed on any street until the street has been approved by being designated upon a plat or subdivision duly approved and accepted by the council or previously accepted as a public street by the council. Richfield City Code 500.07, Subd. 6 Subd. 6. Issuance of building Wrmits: condition. No permit for the erection of any building may be issued by the city unless the building is to be located on a street or highway giving access thereto which has been duly approved and made a part of the street plan of this city and unless such building conforms to the building line established upon the street or proposed street where it is to be located. No permit for the erection of any building may be issued unless the building is to be located upon a full width, improved street or highway, and at such an elevation that such building can be served by the municipal sanitary sewer system by gravity flow, unless the permission of the council is first obtained. This provision is applicable to building permits issued for any parcel of land whether heretofore or hereafter platted or subdivided. Subd. 7. Building permits. No building permit may be issued for the construction of any building on a parcel conveyed in violation of this subsection. 500.13. Minimum Lot Area. The minimum area and minimum width of any lots in a plat or subdivision shall be 8,000 square feet, and the standard width of such a lot shall be at least 75 feet, except when any other standard for minimum lot area or minimum lot width is specified for such a lot elsewhere in this code, in which case such other standard shall apply. Where corner lots rear upon lots facing the side street, the corner lots shall have extra width sufficient to permit the establishment of front building lines on both the front and side of the lots adjoining the streets. Extra width shall be provided on all comer lots irrespective of whether they rear upon lots facing the side streets. 500.15. Performance bonds. When a contract and bond for the development of a plat or subdivision is provided in lieu of performance of conditions precedent to council approval as provided in subsection 500.07, subdivision 4, the contract and bond shall provide for performance within two years of the date of approval of the plat. The bond shall be in an amount of one and one -half times the actual established cost of the improvements required with form and sureties satisfactory to the council. When no lots have been sold, the subdivider may vacate the plat prior to the time that the improvements covered by the contract and bond are installed, and when the plat is vacated, the bond shall be returned to the subdivider and the contract cancelled. Richfield City Code 500.07 500.17. Street Opening. The opening and construction of any street may not be started until agreement has been reached between the council and the property owner or developer upon the conditions under which the subdivision, plat, or street is to be developed. 500.19. Utilities. The subdivider shall make adequate provision for water supply and for sewerage and storm water disposal. The subdivider shall provide the city with such information as may be necessary to a determination of the adequacy of the facilities proposed to be used for such purposes. The council may require the construction of water lines, sanitary sewer lines or storm sewer lines although connection to other lines outside the area may not be possible immediately where plans for the installation of such lines in the area have been prepared by the engineer or other competent person and construction of such a system or utility has already commenced 'or completed in other areas of the city. The council may require that such lines be constructed outside the area being platted or subdivided where necessary in order to properly serve the area being subdivided or platted. Two or more owners, subdividers or platters may enter into contracts with the city for the improvement of several subdivisions, parcels or plats at the same time when such water, sewer or storm lines would pass through and serve the several areas concerned and could possibly be constructed as a single project. 500.21. Variances. Whenever the tract to be subdivided or platted is of such unusual size or shape, or is surrounded by such development or unusual conditions that the strict application of the requirements contained in this section would result in a substantial hardship or injustice, the council may vary or modify such requirements so that the subdivider is allowed to develop his property in a reasonable manner, but in such a manner that the public welfare and interests of the city and surrounding area are protected and the general intent and spirit of this section is preserved. 500.23. Plats: Preliminary approval. Subdivision 1. Submission to council. A person wishing to subdivide land into building lots, or to dedicate streets, alleys or land for public use or to subdivide land into building lots together with the dedication or reservation of public or private streets respectively, shall submit ten copies of the preliminary sketch plan, preferably black and white prints, to the council before submission of the final plan. Plats containing three lots or less may be exempted by the council from the provisions of this subsection. Subd. 2. Contents of submission. The preliminary plan is to be drawn to a scale of not more than 100 feet to the inch and shall show: a) the location of present property and section lines, streets, buildings, water courses and other existing features within the area to be subdivided; b) the proposed location and width of streets, lots, buildings, and set back lines and easements; c) existing sanitary and storm sewers, water mains, culverts and other underground structures, within the tract or immediately adjacent thereto. The location and size of the nearest water main and sewer or outlet are to be indicated in a general way upon the plat; Richfield City Code 500.23, Subd. 3 d) the title under which the proposed subdivision is to be recorded and the name of the subdivider platting the tract; e) the names of all adjoining subdivisions or a description of unplatted areas and the layout of their streets; f) the council may require a contour map to be made, having contour intervals of not more than two feet; g) north point, seal and date; h) plans or written and signed statements regarding the width of all types of pavement, location, size and type of sanitary or other sewerage disposal facilities, water mains and hydrants or other utilities, storm water drainage facilities and other proposed improvements such as sidewalks, planting and parks and grading of individual lots. Preliminary plans not containing all of the above data will not be approved by the council. Subd. 3. Procedures for approval. Approval of the preliminary plans shall not constitute an acceptance of the subdivision by the council. One copy of the approved preliminary plat, signed by the mayor and the manager, shall be retained in the office of the director of community services. One signed copy shall be given to the subdivider. Receipt of this signed copy shall be authorization for subdivider to proceed with the preparation of plans and specifications for the minimum improvements required and with the preparation of the final plat. Prior to the construction of any improvements required or to the submission of any bond, the subdivider shall furnish the council with all plans, information and other data necessary for said improvements. The plans shall be examined by the engineer and will be submitted for approval by the council if in accordance with the requirements of this code. If approved, a contract will then be prepared setting forth the conditions under which the improvements will be accomplished, based upon the approved plans and specifications for this work. Subd. 4. Additional requirements. The following additional requirements apply: a) surveys and plans shall be prepared in accordance with rules and regulations established by the director of community services; detailed construction specifications approved by the engineer shall apply to all items of work included in the improvement; b) the subdivider or developer shall furnish estimates of the cost of the improvements based upon bids or upon firm prices from contractors. Following the posting of a bond equal to one and one -half times the estimated cost of the work and the signing of the contract documents, work on construction may be started; and c) any and all costs to be bonne by the city or any costs to be paid for by special assessment against property benefitted, shall be specifically outlined in the contract documents. Richfield City Code 500.25 500.25. Final approval of Plats. Subdivision 1. Submission to council. The final plan on mylar or tracing cloth and four prints thereof, together with four copies of any deed restrictions when such are too lengthy to be shown on the plat or plan, and three prints of the certified plans showing the improvements as built or as they are to be built within the subdivisions shall be submitted to the council. Before approving the final plat or plan of all or part of a proposed subdivision, the council will require proof that the improvements and revisions thereof required have been satisfactorily completed or their construction secured by contract and bond. The final plat accepted shall cover only that part of the subdivision upon which all improvements have been completed or secured. Subd. 2. Contents of submission. The final plat shall show: a) the boundary lines of the area being subdivided with accurate distances and angles or bearings; all section lines, and the names of all adjoining subdivisions or a description of unplatted areas and layout of their streets; b) the lines of all proposed streets and alleys with their width and names; c) the accurate outline of any property which is offered for dedications for public use; d) all lot lines and an identification system for all lots and blocks; e) building lines and easements for rights of way provided for public use, services, or utilities with figures showing their dimensions; f) all dimensions both linear and angular, necessary for locating boundaries of subdivisions, lots, streets, alleys, easements for building lines and of any other areas for public or private use; the linear dimensions are to be expressed in feet and decimals of a foot; g) monuments or iron pipe not less than three- fourths of an inch in diameter and two feet in length shall be placed at all street comers, and at all changes in alignment in street lines. The monuments shall be shown on the plat with the distances between them and with sufficient curve data plainly marked; h) name of subdivision, points of compass, scale of plan and name of owner or owners or the subdivider; i) private restrictions and trusteeships and their periods of existence; should such restrictions and trusteeships be of such length as to make the lettering of same on plat impracticable, and thus necessitate the preparation of a separate instrument, reference to such instrument shall be made on the plat and the book and page number referring to the instrument shall be added to the plat after the restrictions or trusteeship have been recorded; plats shall contain proper acknowledgements of owners and the consent by the mortgagee to the plat and restrictions; Richfield City Code 500.27 0) the surveyor's certificate, which contains the description of the land included in the plat and all necessary explanations of dimensions and references to monument to supplement the figures on the plat itself; k) an acknowledgement before a notary as to all signatures required; and 1) attorney's approval of title. 500.27. Public hearings: preliminary and final plats of subdivision. Whenever a copy of a preliminary or final plat or subdivision is filed with the city -for approval, published notice shall be given in the official newspaper of the city of a public hearing to be held not less than ten days thereafter. At such hearing, all persons interested herein may be heard and the council may thereafter approve or disapprove the plat or subdivision. Approval or disapproval shall be given not more than 60 days after the filing of any final plat or subdivision with a formal request for its approval. Failure to act within 60 days is deemed approval. The grounds for any refusal to approve a plat or subdivision shall be set forth in the proceedings of the council and reported to the person or persons applying for such approval. Plats and subdivisions, after approval, may be recorded as provided by law. I NOUN Item: #2 Agenda Section: Public Hearing Case: 1192 -SD -1 Date: February 25, 1992 GENERAL INFORMATION Petitioner: Leaseback Properties Limited Partnership Location: 7701 -05 Morgan Avenue South Type of Request: Subdivision of property into two separate lots. Zoning: C -2, general commercial Land use: Commercial Comprehensive Plan: Freeway strip References: City Ordinance: Section 500 of the City Code outlines the requirements for platting and subdivision approval. ACTION Proposed Change: Subdivision of property with no proposed changes to the site, except those improvements required for approval. Staff Recommendation: Recommend approval of the subdivision with stipulations. HISTORY Public Notice: Mailed notice of the Planning Commission's consideration and public hearing of this item was sent to all property owners within 350 feet of the subject property. Hearing A public hearing for setback, lot area, and lot width variances is tentatively Examiner: scheduled for March 17, 1992 City Council: Planning Commission action would set a Council public hearing on the preliminary plat for a March 23, 1992. ANALYSIS ues: Leaseback Properties Limited Partnership is requesting to subdivide the property at 7701 -05 Morgan Avenue South. Two principal buildings occupy the property, which is non-conforming to present City Codes. Leaseback Properties would like to sell the south building (7705) and retain ownership of the north building (7701). In order to subdivide this property, variances for lot width, lot area, and building setback will also need to be approved through the Hearing Examiner process. The parking area provided on this property is limited because of the building size relative to the size of the property. RECOMMENDATIONS Recommended Action: Preferred: Recommend that the City Council approve the preliminary plat with the following stipulations: 1. That the west 30 feet of the property (east one -half of Morgan Avenue) be dedicated to the City of Richfield. 2. That MnDOT type B-618 perimeter curb and gutter be installed per Engineerring Department requirements. 3. That the parking area be screened per the landscape requirements. 4. That the Hearing Examiner grant the necessary variances. 5. That the applicant provide the City with evidence of clear title. Basis: 1. The subdivision would allow separate ownership of the two buildings. 2. The existing parking arrangement has been satisfactory for several years. 3. The required improvements would bring the property into compliance with city engineering and landscape standands. Alternative: Recommend that the City Council deny the preliminary plat with a finding that the proposal will have an adverse impact. 30 r 0 NORTH LMC TRACT M RLS NO 000- 77 th S r. $ ; 1 VF. eP r M DO VA EO 11191 - -.- a u6• 1 10.00 1 s r 1 1 vi s n 0O ^ o R WVa n O 1 o s t i r 306 r 1 vi s n 0O ^ FWVa 1 a / STORY BLDG T7Ol A/0R6AN AVE M Volk t, n3.s2 947 SlWPY BLDG 7 7703 A0011VAN AVE. 15F - - 4161 - s•o t S l 20 p Q N n F N = n 25/ , 0 a f f N 133.92 Vg v N i Ne9•46'36•1 16 3.02 —r 1 Pir®p®ged oubdIlMTD Il 7701 - 05 Morgan Ave. Division of existing property occupied by two buildings. The division will facilitate sale. Clil' C7F... I:ICHFIELf) ZONING MANNING CITATIONS Zoning Ordinance 500.03. General provisions. Subdivision 1. Application. Plats and subdivisions of land in the city shall be made in accordance with the provisions of this section. Subd. 2. Council approval: platting authority. All plats or subdivisions of land in the city must be approved by council resolution pursuant to the provisions of Minnesota Statutes section 462.357; the council is the platting authority as defined in that section. 500.05. Conveyances by metes and bound. Subdivision 1. Conveyances prohibited. No conveyance of land in which the land conveyed is described by metes and bounds or by reference to a plat made after March 11, 1940, which is not approved by council resolution, shall be made or recorded if the parcel described in the conveyance is less than five acres in area and 300 feet in width unless such parcel was a separate parcel of record as of Marchyll, 1940, or unless an agreement to convey such smaller parcel was entered into prior to that time and the instrument showing the agreement to convey is recorded in the office of the register of deeds within one year thereafter or was a separate parcel of not less than two and one -half acres in area and 150 feet in width on January 1, 1966, or is a single parcel of land not less than five acres and having a width of not less than 300 feet. Subd. 2. Subdivision waiver. In any case in which compliance with subdivision 1 will result in an unnecessary hardship and failure to comply does not interfere with the purpose of the platting regulations of this section, the council may waive such compliance by adoption of a resolution to that effect, and the conveyance may then be recorded. The council may at its option refer such questions to the planning commission for recommendation before council action. Subd. 3. Noncompliance: penalty. Any owner or agent of any owner of land who conveys a lot or parcel in violation of this subsection shall forfeit and pay to the city a penalty of $100 for each lot or parcel so conveyed as provided by law. Any penalty so levied may be collected by the city by action in a court of competent jurisdiction. Subd. 4. Noncompliance: injunction. The city, in addition to imposing the penalty provisions of subdivision 3, may bring appropriate proceedings to enjoin any conveyance not complying with this subsection. Richfield City Code 500.05, Subd. 5 Subd. 5. Scope of subsection. This subsection does not apply to plats recorded prior to March 11, 1940, or to the sale or exchange of small parcels of land to or between adjoining property owners where such sale or exchange does not create an additional lot or space sufficient to construct an additional residence thereon. Subd. 6. Application fee. Applications for plat or subdivision approval or for waiver of preliminary platting procedures shall be accompanied by the fee provided in appendix D of this code. 500.07. Specific conditions of plat approval. Subdivision 1. Streets. Before the approval of any plat or subdivision, the proposed plat shall be checked as to measurements of all lots, streets and public lands. Proposed streets on such plat or subdivision shall conform to the street plan of the city as hereinafter specified. In considering requirements for the location and width of streets, consideration may be given to the prospective character of the development, and reasonable conditions and requirements for the establishment of such streets may be required by the council as a condition precedent to approval of the plat or subdivision. Subd. 2. Grades, utilities, etc. As a condition precedent to the approval of the plat of lands located within the city, the council may prescribe requirements of the extent to which and the manner in which streets shall be granted and improved, utilities installed, and any other matters reasonably related to the manner in which the area being subdivided or platted shall be developed. Subd. 3. Dedication of park land. In appropriate plats or subdivisions to be developed for residential uses, the council may require that a portion of such land of sufficient size and character be set aside and dedicated to the public for public use as parks and playgrounds. The subdivider may, however, contribute an equivalent amount in cash as determined by the council and all such payments received by the city shall be placed in a special fund and used only for the acquisition of land for parks and playgrounds. Subd. 4. Contract and bond. In lieu of the completion of work required as a condition precedent to approval of a subdivision or plat, the council may give approval upon the execution of a contract and bond in form and amount satisfactory to the council, providing for and securing to the city the actual construction and installation of such improvements, utilities and other developments within the period specified in the contract and bond not exceeding two years. Subd. 5. Public improvements: limitation. Except as otherwise provided in this subsection, no electric or gas distribution lines and piping, roadways, walks, curbs and other similar improvements shall be constructed on any street until the street has been approved by being designated upon a plat or subdivision duly approved and accepted by the council or previously accepted as a public street by the council. Richfield City Code 500.07, Subd. 6 Subd. 6. Issuance of building Permits: condition. No permit for the erection of any building may be issued by the city unless the building is to be located on a street or highway giving access thereto which has been duly approved and made a part of the street plan of this city and unless such building conforms to the building line established upon the street or proposed street where it is to be located. No permit for the erection of any building may be issued unless the building is to be located upon a full width, improved street or highway, and at such an elevation that such building can be served by the municipal sanitary sewer system by gravity flow, unless the permission of the council is first obtained. This provision is applicable to building permits issued for any parcel of land whether heretofore or hereafter platted or subdivided. Subd. 7. Building _permits. No building permit may be issued for the construction of any building on a parcel conveyed in violation of this subsection. 500.13. Minimum Lot Area. The minimum area and minimum width of any lots in a plat or subdivision shall be 8,000 square feet, and the standard width of such a lot shall be at least 75 feet, except when any other standard for minimum lot area or minimum lot width is specified for such a lot elsewhere in this code, in which case such other standard shall apply. Where corner lots rear upon lots facing the side street, the corner lots shall have extra width sufficient to permit the establishment of front building lines on both the front and side of the lots adjoining the streets. Extra width shall be provided on all comer lots irrespective of whether they rear upon lots facing the side streets. 500.15. Performance bonds. When a contract and bond for the development of a plat or subdivision is provided in lieu of performance of conditions precedent to council approval as provided in subsection 500.07, subdivision 4, the contract and bond shall provide for performance within two years of the date of approval of the plat. The bond shall be in an amount of one and one -half times the actual established cost of the improvements required with form and sureties satisfactory to the council. When no lots have been sold, the subdivider may vacate the plat prior to the time that the improvements covered by the contract and bond are installed, and when the plat is vacated, the bond shall be returned to the subdivider and the contract cancelled. Richfield City Code 500.07 500.17. Street Opening. The opening and construction of any street may not be started until agreement has been reached between the council and the property owner or developer upon the conditions under which the subdivision, plat, or street is to be developed. 500.19. Utilities. The subdivider shall make adequate provision for water supply and for sewerage and storm water disposal. The subdivider shall provide the city with such information as may be necessary to a determination of the adequacy of the facilities proposed to be used for such purposes. The council may require the construction of water lines, sanitary sewer lines or storm sewer lines although connection to other lines outside the area may not be possible immediately where plans for the installation of such lines in the area have been prepared by the engineer or other competent person and construction of such a system or utility has already commenced or completed in other areas of the city. The council may require that such lines be constructed outside the area being platted or subdivided where necessary in order to properly serve the area being subdivided or platted. Two or more owners, subdividers or platters may enter into contracts with the city for the improvement of several subdivisions, parcels or plats at the same time when such water, sewer or storm lines would pass through and serve the several areas concerned and could possibly be constructed as a single project. 500.21. Variances. Whenever the tract to be subdivided or platted is of such unusual size or shape, or is surrounded by such development or unusual conditions that the strict application of the requirements contained in this section would result in a substantial hardship or injustice, the council may vary or modify such requirements so that the subdivider is allowed to develop his property in a reasonable manner, but in such a manner that the public welfare and interests of the city and surrounding area are protected and the general intent and spirit of this section is preserved. 500.23. Plats: preliminary aaproval. Subdivision 1. Submission to council. A person wishing to subdivide land into building lots, or to dedicate streets, alleys or land for public use or to subdivide land into building lots together with the dedication or reservation of public or private streets respectively, shall submit ten copies of the preliminary sketch plan, preferably black and white prints, to the council before submission of the final plan. Plats containing three lots or less may be exempted by the council from the provisions of this subsection. Subd. 2. Contents of submission. The preliminary plan is to be drawn to a scale of not more than 100 feet to the inch and shall show: a) the location of present property and section lines, streets, buildings, water courses and other existing features within the area to be subdivided; b) the proposed location and width of streets, lots, buildings, and set back lines and easements; c) existing sanitary and storm sewers, water mains, culverts and other underground structures, within the tract or immediately adjacent thereto. The location and size of the nearest water main and sewer or outlet are to be indicated in a general way upon the plat; Richfield City Code 500.23, Subd. 3 d) the title under which the proposed subdivision is to be recorded and the name of the subdivider platting the tract; e) the names of all adjoining subdivisions or a description of unplatted areas and the layout of their streets; f) the council may require a contour map to be made, having contour intervals of not more than two feet; g) north point, seal and date; h) plans or written and signed statements regarding the width of all types of pavement, location, size and type of sanitary or other sewerage disposal facilities, water mains and hydrants or other utilities, storm water drainage facilities and other proposed improvements such as sidewalks, planting and parks and grading of individual lots. Preliminary plans not containing all of the above data will not be approved by the council. Subd. 3. Procedures for approval. Approval of the preliminary plans shall not constitute an acceptance of the subdivision by the council. One copy of the approved preliminary plat, signed by the mayor and the manager, shall be retained in the office of the director of community services. One signed copy shall be given to the subdivider. Receipt of this signed copy shall be authorization for subdivider to proceed with the preparation of plans and specifications for the minimum improvements required and with the preparation of the final plat. Prior to the construction of any improvements required or to the submission of any bond, the subdivider shall furnish the council with all plans, information and other data necessary for said improvements. The plans shall be examined by the engineer and will be submitted for approval by the council if in accordance with the requirements of this code. If approved, a contract will then be prepared setting forth the conditions under which the improvements will be accomplished, based upon the approved plans and specifications for this work. Subd. 4. Additional requirements. The following additional requirements apply: a) surveys and plans shall be prepared in accordance with rules and regulations established by the director of community services; detailed construction specifications approved by the engineer shall apply to all items of work included in the improvement; b) the subdivider or developer shall furnish estimates of the cost of the improvements based upon bids or upon firm prices from contractors. Following the posting of a bond equal to one and one -half times the estimated cost of the work and the signing of the contract documents, work on construction may be started; and c) any and all costs to be borne by the city or any costs to be paid for by special assessment against property benefitted, shall be specifically outlined in the contract documents. Richfield City Code 500.25 500.25. Final approval of plats. Subdivision 1. Submission to council. The final plan on mylar or tracing cloth and four prints thereof, together with four copies of any deed restrictions when such are too lengthy to be shown on the plat or plan, and three prints of the certified plans showing the improvements as built or as they are to be built within the subdivisions shall be submitted to the council. Before approving the final plat or plan of all or part of a proposed subdivision, the council will require proof that the improvements and revisions thereof required have been satisfactorily completed or their construction secured by contract and bond. The final plat accepted shall cover only that part of the subdivision upon which all improvements have been completed or secured. Subd. 2. Contents of submission. The final plat shall show: a) the boundary lines of the area being subdivided with accurate distances and angles or bearings; all section lines, and the names of all adjoining subdivisions or a description of unplatted areas and layout of their streets; b) the lines of all proposed streets and alleys with their width and names; c) the accurate outline of any property which is offered for dedications for public use; d) all lot lines and an identification system for all lots and blocks; e) building lines and easements for rights of way provided for public use, services, or utilities with figures showing their dimensions; f) all dimensions both linear and angular, necessary for locating boundaries of subdivisions, lots, streets, alleys, easements for building lines and of any other areas for public or private use; the linear dimensions are to be expressed in feet and decimals of a foot; g) monuments or iron pipe not less than three- fourths of an inch in diameter and two feet in length shall be placed at all street comers, and at all changes in alignment in street lines. The monuments shall be shown on the plat with the distances between them and with sufficient curve data plainly marked; h) name of subdivision, points of compass, scale of plan and name of owner or owners or the subdivider; i) private restrictions and trusteeships and their periods of existence; should such restrictions and trusteeships be of such length as to make the lettering of same on plat impracticable, and thus necessitate the preparation of a separate instrument, reference to such instrument shall be made on the plat and the book and page number referring to the instrument shall be added to the plat after the restrictions or trusteeship have been recorded; plats shall contain proper acknowledgements of owners and the consent by the mortgagee to the plat and restrictions; Richfield City Code 500.27 0) the surveyor's certificate, which contains the description of the land included in the plat and all necessary explanations of dimensions and references to monument to supplement the figures on the plat itself; k) an acknowledgement before a notary as to all signatures required; and 1) attorney's approval of title. 500.27. Public hearings: Preliminary and final plats of subdivision. Whenever a copy of a preliminary or final plat or subdivision is filed with the city for approval, published notice shall be given in the official newspaper of the city of a public hearing to be held not less than ten days thereafter. At such hearing, all persons interested herein may be heard and the council may thereafter approve or disapprove the plat or subdivision. Approval or disapproval shall be given not more than 60 days after the filing of any final plat or subdivision with a formal request for its approval. Failure to act within 60 days is deemed approval. The grounds for any refusal to approve a plat or subdivision shall be set forth in the proceedings of the council and reported to the person or persons applying for such approval. Plats and subdivisions, after approval, may be recorded as provided by law. 500.29. Miscellaneous requirements. Subdivisions 1. Filing of Plats. Three copies of surveys of land subdivided by metes and bound and one copy of registered plats shall be filed with the engineer upon approval by the council. Subd. 2. Deeds to city. Land for streets shall be deeded to the city in accordance with the provisions of this code when land is subdivided by metes and bounds or registered land survey. No grant of a public street to the city by deed may be filed without the approval of the council by resolution. Subd. 3. Recording of plats. Plats approved by the council shall be filed within 30 days unless an extension of the time for filing is granted by the council upon good cause shown, within said 30-day period. Unreasonable delay in the filing of any subdivision or plat after approval by the council is grounds for revocation of approval. Subd. 4. Vacation of various parcels. The council may direct the vacation of any publicly owned utility easements or boulevard reserves or any portion thereof, which are not being used for sewer, drainage, electric, telegraph, telephone, gas and steam purposes or for boulevard reserve purposes in the same manner as provided in this code for the vacation of streets. 500.31. Administrative rules. The director of community development shall prepare instructions and rules for the administration of this section so that the public will be informed and approval of subdivisions and plats will be expedited. The regulations shall be in conformity to Minnesota Statutes, sections 462.351 to 462.364. Applications for subdivisions of land shall be made at the office of the director. The director's recommendation shall accompany each application at the time of its presentation to the council for approval. 1-C"HTY OF RHOMFHRIZ Planning Commission Item: #3 Information Letter: #3 INFORMATION Agenda Section: New Business GENERAL INFORMATION Date: February 25, 1992 Subject: Amendment to the zoning ordinance which would restrict automobile repair in residential districts. Type of Request: Planning Commission consideration of the proposed ordinance amendment. References: 1. Section 510.23 of the City Zoning Ordinance (attached). 2. Proposed Bill adding Subdivision 9 to Section 510.23 (attached). RECOMMENDATIONS Recommended Action: Preferred: Recommend that the City Council approve the proposed ordinance amendment, restricting automobile repair in residential districts. Basis: 1. This amendment would simplify and clarify the enforcement of automobile repair in the residential districts. 2. City staff would not be required to prove that a business is being conducted. With this amendment, staff would only have to prove that the automobile being repaired is not registered to a resident of the dwelling where the repair is being made. Alternative: 1. Recommend that the proposed ordinance be extended to permit the repair of automobiles owned by immediate or extended family members. By doing this, however, enforcement would become significantly complicated. 2. Recommend that the City Council deny the proposed ordinance. BACKGROUND Planning Commission: The planning Commission will consider this item on February 25, 1991. City Council: Planning Commission action would allow the City Council to hold a public hearing and second reading on the proposed ordanance on March 23, 1992 PC22592. DOC ANALYSIS Issues Staff has received numerous complaints regarding apparent violations of an ordinance prohibiting auto repair businesses in the residential districts. In most cases, the auto repair business will cease to operate after city staff advises the alleged violator of the ordinance. However, approximately two to three times a year, compliance is not easily attained. In these cases, it is necessary for staff to construct a case which clearly demonstrates not only that cars other than the property owner's are being repaired, but that the repairs are part of a business. This additional burden of proof has made enforcement through the court system extremely difficult. Because of the difficulty and time involved with preparing such cases, neighbors frequently become frustrated. As a result of comments made by a resident at a recent Council meeting, the City Council has directed staff and the Planning Commission to explore other enforcement mechanisms to simplify the enforcement of this type of violation. PC22592. DOC CITATIONS Zoning Ordinance 510.23. Home occupations. Subdivision 1. Pur pose. The purpose of this subsection is to protect the residential property owner without hindering the property rights of neighbors or causing self- induced harm. Subd. 2. Activities. A home occupation must be conducted in such a manner that activities connected with it are not noticeable from adjacent streets or residence lots, and except as permitted in subdivision 3, do not draw attention to the home occupation. Subd. 3. Advertising. A single nameplate, not exceeding two square feet in area, stating the name of the person conducting the home occupation and its general nature may be erected on the premises in accordance with the provisions of this code and section 415 of the city code. No other advertising sign or device may be used to invite attention to the home occupation. Subd. 4. Employees. Persons in addition to the persons occupying the dwelling may be employed by the home occupation on the premises, but only upon the granting of a conditional use permit therefor if the council finds that the proposed additional employment is consistent with the purposes of subsection 545.09 and will comply with this subsection. Subd. S. Outside storage and vehicles: No outside storage of products or materials or equipment connected with home occupations is permitted. This subdivision does not prohibit the outside parking of motor vehicles on the driveway of the premises provided that the parking of such vehicles are not otherwise prohibited by subsection 1320 of the city code. Subd. 6. Retail sales. Continuous retail sales of products fabricated off the premises are prohibited. Occasional sales of products or other articles at retail are permitted where the dwelling serves as an office for a person regularly engaged in retail sales outside the dwelling or where such occasional sales are incidental to and not the primary purpose of the home occupation. Subd. 7. Parking, structural changes, lighting. Parking, structural alteration, lighting or similar facilities which indicate a use of the dwelling for purposes other than a residential structure are prohibited. Subd. 8. Performance characteristics. A home occupation may not adversely effect the residential character of the dwelling or its. neighborhood because of the emission of noise, odor, water, smoke, dust, gases, heat, glare, vibration, electrical interference, or parking or traffic resulting form the conduct of home occupation. PC22592.DOC BILL NO. AN AMENDMENT TO SECTION 510 OF APPENDIX B OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Subsection 510.23 of the ordinance code of the City of Richfield entitled "Home Occupations" is hereby amended by adding thereto the following new subdivision: Subd. 9. Specific activities prohibited. The repair of motor vehicles, whether for consideration or not, which are not registered to a resident of the dwelling on the property where the repair is made, shall not be allowed. Passed by the City Council of the City of Richfield, Minnesota this day of 1992. CITY OF RICHFIELD By Martin J. Kirsch, Mayor ATTEST: Thomas P. Farber, City Clerk CLL29459 RC160 -2 WIN Planning Commission INFORMATION Item: #4 Agenda Section: New Business Information Letter: #4 Date: February 25, 1992 GENERAL INFORMATION Subject: Election of Planning Commission Chairperson, Vice - chairperson, and Secretary. Type of Request: Annual organizational meeting. References: 1. See Planning Commission Bylaws. 2. Chapter III, Section 305.5, Subd. 1 -8 of Richfield City Code (attached). RECOMMENDATIONS Recommended Action: Preferred: It is recommended that the Planning Commission elect a chairperson, vice - chairperson, and a secretary. Basis: The above action is required by the Planning Commission Bylaws. Alternative: None. Public Notices: Hearing Examiner: Public Hearing: Planning Commission: City Council: O PCELECT.DOC None. None. None. None. None. BACKGROUND ANALYSIS Issues; The Bylaws require that the Planning Commission hold an annual organizational meeting and elect from its membership a chairperson, vice- chairperson, and secretary at the first regular meeting in February. According to the Bylaws (Part II, Organization), a majority vote is necessary to first elect a chairperson and second to elect the remaining officers. The Chairperson, vice - chairperson, and secretary are to take office immediately upon election and hold office until their successors are elected next year. The Chairperson is responsible for conducting all Planning Commission meetings and public hearings. The Chairperson is also responsible for working with city administration in the planning function. The Vice - chairperson is responsible for the duties of the Chairperson in the event the Chairperson is absent. The Secretary is responsible for the minutes of the Planning Commission. PCELECT.DOC BYLAWS AND RULES OF PROCEDURE OF THE CITY PLANNING COMMISSION RICHFIELD, MINNESOTA The following bylaws and rules of procedure are adopted by the City Planning Commission to facilitate the performance of its duties and functions as empowered under Chapter III, Section 305.05, Subdivision 1 -8 of the city ordinance code. PART I. MEETINGS Section 1. Regular Meetings Regular meetings of the Planning Commission shall be on the fourth Tuesday of each month commencing at 7:30 PM in the council chambers of the city hall. When the regular meeting date conflicts with the state designated precinct caucus, the regular meeting will be held on the second Tuesday of said month at the same time and place. Section 2. General Planning Meetings The second Tuesday of every month shall be reserved for discussing and deliberating on general planning matters related to the proper development and future well -being of the community. Section 3. Special Meetings Special meetings of the Planning Commission can be called by the chairperson and one member or by three members of the commission or at the request of the city council. Notice, designating the time and place of the meetings, shall be given to all members not less than twenty -four (24) hours in advance thereof. Section 4. Deadline for Hearing Items The Planning Commission will accept all applications to be heard before it, no later than fifteen working days preceding the regular Planning Commission meeting. Upon written notice to the community development director prior to the Planning Commission meeting, an application may be withdrawn. Once an application is withdrawn, it must be refiled with the Community Development Department, City of Richfield, before any Planning Commission hearing is held. Section 5. Quorum Six members of the Planning Commission shall constitute a quorum for the transaction of business. No action shall be taken in the absence of a quorum with the exception that the Planning Commission members present may take testimony for use at a later meeting at which a quorum is present, and may adjourn a meeting to a later time without further notice. Section 6. Votina At all meetings of the Planning Commission, each member attending shall be entitled to cast one vote. Voting shall be by voice and an affirmative vote of a majority of those present shall be necessary for the passage of any matter before the Planning Commission, except as otherwise provided in these bylaws. Section 7. Proceedings a) Format of Meeting At a regular meeting of the Planning Commission, the following format shall be followed in conducting the business of the meeting. 1) Roll Call 2) Approval of Minutes 3) Regular Business and 4) New Business 5) Old Business 6) Liaison Reports 7) Adjournment b) Public Hearing Public Hearing Items The purpose of a hearing is to collect information and facts in order for the commission to develop a planning recommendation for the City Council. At a public hearing the following procedure shall be followed for each case for which a public hearing is held: 1) Chair shall state the case to be heard. 2) Chair shall call upon the Community Development Director or designee to present the staff report. 3) Chair shall ask the applicant to present his /her case. 4) Members of the Planning Commission shall be allowed to question the applicant about his /her proposal. 5) Interested persons may address the commission, giving relevant information regarding the proposal before the commission. a) All questions or statements by Richfield staff personnel, planning commissioners, applicants or interested citizens will be directed through the chair. b) All who wish to speak will be heard, but only in accordance with the above procedure and after recognition by the chair. c) No individual may speak longer than five minutes, except through previous arrangement with the chair, or by vote of the commission. d) The spokesperson for a group will be allowed ten minutes. e) In addition to the statements by individual or groups, there will be a period, not to exceed 30 minutes, during which the public may question the city's staff members present., the applicant or their representatives or any member of the Planning Commission. Questions must be directed through the chair. 6) The hearing shall be closed. Interested persons shall not be heard again unless the hearing is reopened by a majority vote of the commission. 7) The commission shall discuss and clarify the item before it, and take action on it. 8) Any decision of the commission on the merits of any planning question before it shall be embodied in the form of a motion, resolution, or report, and referred to the City Council for action. c) Rules of Procedure At all regular meetings of the Planning Commission where formal action is required on a matter before. the commission, the meetings shall be.*governed by Robert's Rules of Order. At general meetings of the Planning Commission no formal parliamentary procedure shall govern the conduct of the proceedings unless found to be necessary such as when a formal motion is before the commission. PART II. ORGANIZATION Section 1. Election of Officers At the first regular meeting in February of each year, the commission shall hold an organizational meeting and elect from its membership a chairperson, vice - chairperson, and secretary. Each member shall cast a ballot for the member he /she wishes to be elected chairperson. If no one receives a majority of all the members of the commission, balloting shall continue until one member receives majority support. Vice - chairperson and secretary shall be elected from the remaining members by the same procedure. If the chairperson resigns from office before the next regular organization meeting, the vice - chairperson shall automatically become acting chairperson. If both chairperson and vice - chairperson resign, the secretary shall become acting chairperson. In any instance, where an officer of the commission resigns or retires from office a new officer shall be elected to the vacated position at the next regular meeting of the commission. If the chairperson, vice - chairperson, and secretary are absent from a meeting, the commission shall elect a temporary chairperson by voice vote. In the event that the secretary is absent from a meeting, the chairperson shall appoint a member of the commission to approve the minutes of that meeting. Section 2. Tenure The chairperson, vice- chairperson, and secretary shall take office immediately following their election and hold office until their successors are elected and assume office. Section 3. Duties of Officers The duties and powers of the officers of the Planning Commission shall be as follows: a) Chairperson 1) Presides over all meetings of the commission. 2) Appoints committees and performs such other duties as may be ordered by the commission. 3) Signs documents of the commission. 4) Sees that all actions of the commission are properly taken. 5) Calls special meetings of the commission in accordance with these bylaws. 6) Works with appropriate city staff in organizing agendas of all general Planning Commission meetings. b) Vice - Chairperson Performs all of the duties and responsibilities of the chairperson in his /her absence. c) Secretary 1) Assumes duties and responsibilities of the chairperson when both chairperson and vice - chairperson are absent. 2) Keeps the minutes of.the meetings of the commission in an appropriate minute book 3) Signs all minutes of the commission as well as other official documents of the commission. PART III. MISCELLANEOUS Section 1. Suspension of Rules The commission may suspend any of these rules by a 2/3 vote of those members present. Section 2. Amendments These rules may be amended at any regular meeting by a 2/3 majority of the members of the commission, provided that the amendment was presented and written into the minutes of a previous meeting. Section 3. Review The contents of these bylaws and rules of procedure should be comprehensively reviewed, evaluated, and modified where necessary, at the organization meeting held in February of each year. Adopted this 26th day of February, 1991. Chairperson, R:Pfield Planning Commission Z -I 4Za-ry, 'Richfield' Planning Commission Richfield City Code 305.05 305.05. Planning agency. Subdivision 1. Establishment. Pursuant to Minnesota Statutes, section 462.354, subdivision 1, there is created and continued a city planning agency. Subd. 2. Commission form. The planning agency shall operate as a planning commission of the city. Staff services for the commission shall be furnished by the community development department of the city. The commission serves in an advisory capacity to the council. Subd. 3. Composition of the commission. The commission consists of nine members appointed by the council to serve for terms of three years, with terms of members to be staggered so that as nearly equal number of terms as possible shall expire each year. Terms begin on the first day of February. The city manager, the superintendent of schools for Independent School District No. 280, one council member and one other representative of the Board of Education of Independent School District No. 280 designated by the district are ex officio officers and members of the commission without voting rights. Subd. 4. Powers and duties of the commission. The planning commission shall undertake the duties given by Minnesota Statutes, sections 462.351 to 462.354. The planning commission shall deliberate and make recommendations on: a) proposed subdivisions and resubdivisions of land; b) proposed amendments to the zoning ordinance code; c) land development applications requiring special use permits or.varianc- es from the land development regulations of the city; and d) such other matters relating to planning and development within the city, as may be referred to it by the council. Subd. 5. General objectives of the commission. The planning commission shall endeavor to perform the following functions on behalf of the city: a) subject planning decisions to citizens' examination and influence through technical advisory subcommittees which may study and recommend courses of action on special planning matters; b) act as an advocate of various beneficial planning projects, as direct- ed by the council, to stimulate interest and acceptance of planning within the city; and c) act as a coordinator of planning activities within the city by working with public, quasi - public and private planning groups to coordinate the total planning efforts of the city and other governmental units. Richfield City Code 305.05, Subd. 6 Subd. 6. Dismissal of commission members. Commission members serve at the pleasure of the council. The council may dismiss members of the commission with - or without cause. Subd. T. Vacancies. The office of a'member is vacant upon the member's: a) death; b) disability or failure to serve; c) removal of legal residence from the city; d) resignation in writing; e) removal with or without cause by the council; or f) election or appointment to an elective public office. The commission shall notify the council of a vacancy and request appropriate action to fill the vacancy. Subd. B. Additional powers and duties. The council may assign additional duties and responsibilities to the planning commission to assist the commission in effectively carrying out the commission's objectives, powers and duties. 0 OC-1HTY CF RICIEK9LID) Planning Commission INFORMATION Item: #5 Agenda Section: New Business Information number: #5 GENERAL INFUHMA I I011 Subject: Approval of Planning Commission Bylaws. Date: February 25, 1992 Type of Request: Annual review of Planning Commission Bylaws. References: 1. See Planning Commission Bylaws. 2. Chapter III, Section 305.5, Subd. 1 -8 of Richfield City Code, (attached). RECOMMENDATIONS Recommended Action: Preferred: It is recommended that the Planning Commission review and approve the attached Planning Commission Bylaws. Basis: The above action is required by the Planning Commission Bylaws. Alternative: None. BACKGROUND Public Notices: None. Dearing None. Examiner: . Public Hearing: None. Planning Commission: None. City Council: None. PCBYLAWS.DOC ANALYSIS Issues: At the January 28, 1992 Planning Commission meeting the Planning Commission proposed to consider the following changes to the Planning Commission Bylaws. The Planning Commission may vote on the following items on February 25, 1992. M /Erlander, S/Linnihan to amend Part I, Section 1 of of the Bylaws to read as follows: Regular meetings of the Planning Commission shall be on the fourth Tuesday of each month commencing at q-30 7:00 PM in the Council Chambers of the City Hall. M /Gallagher, S/Erlander to amend Part I, Section S of the Bylaws to read as follows: Si*-Five members of the Planning Commission shall constitute a quorum for the transaction of business. No action shall be taken in the absence of a quorum with the exception tht the Planning Commission memebers present may take testimony for use at a later meeting at which a quorum is present, and may adjourn a meeting to a later time without furthr notice. M /Scaglia, S/Erlander to amend Part I, Section 6 of the Bylaws to read as follows: At all meetings of the Planning Commission, each member attending shall be entitled to cast one vote. Voting shall be by voice and an affirmative vote of a majority of at least four members present shall be necessary for the passage of any matter before the Planning commission, except as otherwise provided in these bylaws. M /Scaglia, S /Gallagher to amend Part III, Section 3 of the Bylaws by repealing Section 3 as follows: and modified where neeeesafy, PCBYLAWS.DOC BYLAWS AND RULES OF PROCEDURE OF THE CITY PLANNING COMMISSION RICHFIELD, MINNESOTA The following bylaws and rules of procedure are adopted by the City Planning Commission to facilitate the performance of its duties and functions as empowered under Chapter III, Section 305.05, Subdivision 1 -8 of the city ordinance code. PART I. MEETINGS Section 1. Regular Meetings Regular meetings of the Planning Commission shall be on the fourth Tuesday of each month commencing at 7:30 PM in the council chambers of the city hall. When the regular meeting date conflicts with the state designated precinct caucus, the regular meeting will be held on the second Tuesday of said month at the same time and place. Section 2. General Planning Meetings The second Tuesday of every month shall be reserved for discussing and deliberating on general planning matters related to the proper development and future well-being of the community. Section 3. Special Meetings Special meetings of the Planning Commission can be called by the chairperson and one member or by three members of the commission or at the request of the city council. Notice, designating the time and place of the meetings, shall be given to all members not less than twenty -four (24) hours in advance thereof. Section 4. Deadline for Hearing Items The Planning Commission will accept all applications to be heard before it, no later than fifteen working days preceding the regular Planning Commission meeting. Upon written notice to the community development director prior to the Planning Commission meeting, an application may be withdrawn. Once an application is withdrawn, it must be refiled with the Community Development Department, City of Richfield, before any Planning Commission hearing is held. Section 5. Quorum Six members of the Planning Commission shall constitute a quorum for the transaction of business. No action shall be taken in the absence of a quorum with the exception that the Planning Commission members present may take testimony for use at a later meeting at which a quorum is present, and may adjourn a meeting to a later time without further notice. Section 6. Votina At all meetings of the Planning Commission, each member attending shall be entitled to cast one vote. Voting shall be by voice and an affirmative vote of a majority of those present shall be necessary for the passage of any matter before the Planning Commission, except as otherwise provided in these bylaws. Section 7. Proceedings a) Format of Meeting. At a regular meeting of the Planning Commission, the following format shall be followed in conducting the business of the meeting. 1) Roll Call 2) Approval of Minutes 3) Regular Business and 4) New Business 5) Old Business 6) Liaison Reports 7) Adjournment b) Public Hearing Public Hearing Items The purpose of a hearing is to collect information and facts in order for the commission to develop a planning recommendation for the City Council. At a public hearing the following procedure shall be followed for each case for which a public hearing is held: 1) Chair shall state the case to be heard. 2) Chair shall call upon the Community Development Director or designee to present the staff report. 3) Chair shall ask the applicant to present his /her case. 4) Members of the Planning Commission shall be allowed to question the applicant about his /her proposal. 5) Interested persons may address the commission, giving relevant information regarding the proposal before the commission. a) All questions or statements by Richfield staff personnel, planning commissioners, applicants or interested citizens will be directed through the chair. b) All who wish to speak will be heard, but only in accordance with the above procedure and after recognition by the chair. c) No individual may speak longer than five minutes, except through previous arrangement with the chair, or by vote of the commission. d) The spokesperson for a group will be allowed ten minutes. e) In addition to the statements by individual or groups, there will be a period, not to exceed 30 minutes, during which the public may question the city's staff members present, the applicant or their representatives or any member of the Planning Commission. Questions must be directed through the chair. 6) The hearing shall be closed. Interested persons shall not be heard again unless the hearing is reopened by a majority vote of the commission. 7) The commission shall discuss and clarify the item before it, and take action on it. 8) Any decision of the commission on the merits of any planning question before it shall be embodied in the form of a motion, resolution, or report, and referred to the City Council for action. c) Rules of Procedure At all regular meetings.of the Planning Commission where formal action is required on a matter before the commission, the meetings shall be governed by Robert's Rules of Order. At general meetings of the Planning Commission no formal parliamentary procedure shall govern the conduct of the proceedings unless found to be necessary such as when a formal motion is before the commission. PART II. ORGANIZATION Section 1. Election of Officers At the first regular meeting in February of each year, the commission shall hold an organizational meeting and elect from its membership a chairperson, vice - chairperson, and secretary. Each member shall cast a ballot for the member he /she wishes to be elected chairperson. If no one receives a majority of all the members of the commission, balloting shall continue until one member receives majority support. Vice - chairperson and secretary shall be elected from the remaining members by the same procedure. If the chairperson resigns from office before the next regular organization meeting, the vice - chairperson shall automatically become acting chairperson. If both chairperson and vice - chairperson resign, the secretary shall become acting chairperson. In any instance, where an officer of the commission resigns or retires from office a new officer shall be elected to the vacated position at the next regular meeting of the commission. If the chairperson, vice - chairperson, and secretary are absent from a meeting, the commission shall elect a temporary chairperson by voice vote. In the event that the secretary is absent from a meeting, the chairperson shall appoint a member of the commission to approve the minutes of that meeting. Section 2. Tenure The chairperson, vice - chairperson, and secretary shall take office immediately following their election and hold office until their successors are elected and assume office. Section 3. Duties of Officers The duties and powers of the officers of the Planning Commission shall be as follows: a) Chairperson 1) Presides over all meetings of the commission. 2) Appoints committees and performs such other duties as may be ordered by the commission. 3) Signs documents of the commission. 4) Sees that all actions of the commission are properly taken: 5) Calls special meetings of the commission in accordance with these bylaws. 6) Works with appropriate city staff in organizing agendas of all general Planning Commission meetings. b) Vice - Chairperson Performs all of the duties and responsibilities of the chairperson in his /her absence. c) Secretary 1) Assumes duties and responsibilities of the chairperson when both chairperson and vice - chairperson are absent. 2) Keeps the minutes of the meetings of the commission in an appropriate minute book 3) Signs all minutes of the commission as well as other official documents of the commission. PART III. MISCELLANEOUS Section 1. Suspension of Rules The commission may suspend any of these rules by a 2/3 vote of those members present. Section 2. Amendments These rules may be amended at any regular meeting by a 2/3 majority of the members of the commission, provided that the amendment was presented and written into the minutes of a previous meeting. Section 3. Review The contents of these bylaws and rules of procedure should be comprehensively reviewed, evaluated, and modified where necessary, at the organization meeting held in February of each year. Adopted this 26th day of February, 1991. Chairperson, R `hfield Planning Commission f ry, x enx iela raruiing commission Richfield City Code 305.05 305.05. Planning agency. Subdivision 1. Establishment. Pursuant to Minnesota Statutes, section 462.354, subdivision 1, there is created and continued a city planning agency. Subd. 2. Commission form. The planning agency shall operate as a planning commission of the city. Staff services for the commission shall be furnished by the community development department of the city. The commission serves in an advisory capacity to.the council. Subd. 3. Composition of the commission. The commission consists of nine members appointed by the council to serve for terms of three years, with terms of members to be staggered so that as nearly equal number of 'terms as possible shall expire each year. Terms begin on the first day of February. The city manager, the superintendent of schools for Independent School District No. 280, one council member and one other representative of the Hoard of Education of Independent School District No. 280 designated by the district are ex officio officers and members of the commission without voting rights. Subd. 4. Powers and duties of the commission. The planning commission shall undertake the duties given by Minnesota Statutes, sections 462.351 to 462.354. The planning commission shall deliberate and make recommendations on: a) proposed subdivisions and resubdivisions of land; b) proposed amendments to the zoning ordinance code; I (c) land development applications requiring special use permits or.varianc- es from the land development regulations of the city; and d) such other matters relating to planning and development within the city, as may be referred to it by the council. Subd. 5. General objectives of the commission. The planning commission shall endeavor to perform the following functions on behalf of the city: a) subject planning decisions to citizens' examination and influence through technical advisory subcommittees which may study and recommend courses of action on special planning matters; b) act as an advocate of various beneficial planning projects, as direct- ed by the council, to stimulate interest and acceptance of planning within the city; and c) act as a coordinator of planning activities within the city by working with public, quasi - public and private planning groups to coordinate the total planning efforts of the city and other governmental units. Richfield City Code 305.05, Subd. 6 Subd. 6. Dismissal of commission members. Commission members serve at the pleasure of the council. The council may dismiss members of the commission with or without cause. Subd. 7. Vacancies. The office of a'member is vacant upon the member's: a) death; b) disability or failure to serve; c) removal of legal residence from the city; d) resignation in writing; e) removal with or without cause by the council; or f) election or appointment to an elective public office. The commission shall notify the council of a vacancy and request appropriate action to fill the vacancy. Subd. 8. Additional powers and duties. The council may assign additional duties and responsibilities to the planning commission to assist the commission In effectively carrying out the commission's objectives, powers and duties. CCHUY CF RH(C1EFH91Z Planning Commission INFORMATION Item: #6 Agenda Section: New Business Information Letter: #6 Date: February 25, 1992 GENERAL INFORMATION Subject: Appointment of liaisons to the Community Services Advisory Commission, City Council, Housing and Redevelopment Authority and School Board. Type of Request: Annual organizational meeting. References: 1. See Planning Commission Bylaws. 2. Chapter III, Section 305.5, Subd. 1 -8 of Richfield City Code (attached). RECOMMENDATIONS Recommended Action: Preferred: The following Planning Commission actions are recommended: 1. Approve members to serve as liaison and alternate liaison to the Community Services Advisory Board and School board. 2. Approve members to serve as liaison and alternte liaison to the City Council and HRA. Basis: The above action is required by the Planning Commision Bylaws. Alternative: None. Public Notices: None. Hearing None. Examiner: Public Hearing: None. Planning Commission: None. City Council: None. PCLTRLIA. DQC BACKGROUND ANALYSIS Issues; Community Services Advisory Commission: The Resolution establishing the Community Services Advisory Commission provides that a liaison and alternate from the Planning Commission be appointed to the Community Services Advisory Commission. The Community Services Advisory Commission meet on the second Tuesday of the month at 7:00 p.m., generally in the Conference Room at City Hall. The Planning Commission should appoint two members to serve as liaison and alternate liaison to the Community Services Advisory Commission. Chairperson Snyder served as liaison to the Community Services Advisory Commission in 1991. City Council: The City Council meets every second and fourth Monday at 7:00 p.m. in the Council Chambers at City Hall. Byron Wallace served as the City Council liaison for the Planning Commission in 1991. It was also decided that a planning commission member would be present for City Council special meetings. HRA: No liaison was elected in 1991 for the HRA. School Board: The commission also appoints a liaison and alternate liaison to the School Board. The School Board generally meet the first and third Monday of each month. at 7:00 p.m., and the location alternates from school to school. Commissioner Sumnicht served as liaison to the School Board in 1991. PCLTRLIA.DOC BYLAWS AND RULES OF PROCEDURE OF THE CITY PLANNING COMMISSION RICHFIELD, MINNESOTA The following bylaws and rules of procedure are adopted by the City Planning Commission to facilitate the performance of its duties and functions as empowered under Chapter III, Section 305.05, Subdivision 1 -8 of the city ordinance code. PART I. MEETINGS Section 1. Regular Meetings Regular meetings of the Planning Commission shall be on the fourth Tuesday of each month commencing at 7:30 PM in the council chambers of the city hall. When the regular meeting date conflicts with the state designated precinct caucus, the regular meeting will be held on the second Tuesday of said month at the same time and place. Section 2. General Planning Meetings The second Tuesday of every month shall be reserved for discussing and deliberating on general planning matters related to the proper development and future well -being of the community. Section 3. Special Meetings Special meetings of the Planning Commission can be called by the chairperson and one member or by three members of the commission or at the request of the city council. Notice, designating the time and place of the meetings, shall be given to all members not less than twenty -four (24) hours in advance thereof. Section 4. Deadline for Hearing Items The Planning Commission will accept all applications to be heard before it, no later than fifteen working days preceding the regular Planning Commission meeting. Upon written notice to the community development director prior to the Planning Commission meeting, an application may be withdrawn. Once an application is withdrawn, it must be refiled with the Community Development Department, City of Richfield, before any Planning Commission hearing is held. Section 5. Quorum Six members of the Planning Commission shall constitute a quorum for the transaction of business. No action shall be taken in the absence of a quorum with the exception that the Planning Commission members present may take testimony for use at a later meeting at which a quorum is present, and may adjourn a meeting to a later time without further notice. Section 6. Voting At all meetings of the Planning Commission, each member attending shall be entitled to cast one vote. Voting shall be by voice and, an affirmative vote of a majority of those present shall be necessary for the passage of any matter before the Planning Commission, except as otherwise provided in these bylaws. Section 7. Proceedings a) Format of Meeting At a regular meeting of the Planning Commission, the following format shall be followed in conducting the business of the meeting. 1) Roll Call 2) Approval of Minutes 3) Regular Business and 4) New Business 5) Old Business 6) Liaison Reports 7) Adjournment b) Public Hearing Public Hearing Items The purpose of a hearing is to collect information and facts in order for the commission to develop a planning recommendation for the City Council. At a public hearing the following procedure shall be followed for each case for which a public hearing is held: 1) Chair shall state the case to be heard. 2) Chair shall call upon the Community Development Director or designee to present the staff report. 3) Chair shall ask the applicant to present his /her case. 4) Members of the Planning Commission shall be allowed to question the applicant about his /her proposal. 5) Interested persons may address the commission, giving relevant information regarding the proposal before the commission. a) All questions or statements by Richfield staff personnel, planning commissioners, applicants or interested citizens will be directed through the chair. b) All who wish to speak will be heard, but only in accordance with the above procedure and after recognition by the chair. c) No individual may speak longer than five minutes, except through previous arrangement with the chair, or by vote of the commission. d) The spokesperson for a group will be allowed ten minutes. e) In addition to the statements by individual or groups, there will be a period, not to exceed 30 minutes, during which the public may question the city's staff members present, the applicant or their representatives or any member of the Planning Commission. Questions must be directed through the chair. 6) The hearing shall be closed. Interested persons shall not be heard again unless the hearing is reopened by a majority vote of the commission. 7) The commission shall discuss and clarify the item before it, and take action on it. 8) Any decision of the commission on the merits of any planning question before it shall be embodied in the form of a motion, resolution, or report, and referred to the City Council for action. c) Rules of Procedure At all regular meetings of the Planning Commission where formal action is required on a matter before the commission, the meetings shall be governed by Robert's Rules of Order. At general meetings of the Planning Commission no formal parliamentary procedure shall govern the conduct of the proceedings unless found to be necessary such as when a formal motion is before the commission. PART II. ORGANIZATION Section 1. Election of Officers At the first regular meeting in February of each year, the commission shall hold an organizational meeting and elect from its membership a chairperson, vice - chairperson, and secretary. Each member shall cast a ballot for the member he /she wishes to be elected chairperson. If no one receives a majority of all the members of the commission, balloting shall continue until one member receives majority support. Vice - chairperson and secretary shall be elected from the remaining members by the same procedure. If the chairperson resigns from office before the next regular organization meeting, the vice - chairperson shall automatically become acting chairperson. If both chairperson and vice - chairperson resign, the secretary shall become acting chairperson. In any instance, where an officer of the commission resigns or retires from office a new officer shall be elected to the vacated position at the next regular meeting of the commission. If the chairperson, vice - chairperson, and secretary are absent from a meeting, the commission shall elect a temporary chairperson by voice vote. In the event that the secretary is absent from a meeting, the chairperson shall appoint a member of the commission to approve the minutes of that meeting. Section 2. Tenure The chairperson, vice - chairperson, and secretary shall take office immediately following their election and hold office until their successors are elected and assume office. Section 3. Duties of Officers The duties and powers of the officers of the Planning Commission shall be as follows: a) Chairperson 1) Presides over all meetings of the commission. 2) Appoints committees and performs such other duties as may be ordered by the commission. 3) Signs documents of the commission. , 4) Sees that all actions of the commission are properly taken. 5) Calls special meetings of the commission in accordance with these bylaws. 6) Works with appropriate city staff in organizing agendas of all general Planning Commission meetings. b) Vice - Chairperson Performs all'of the duties and responsibilities of the chairperson in his /her absence. c) Secretary 1) Assumes duties and responsibilities of the chairperson when both chairperson and vice - chairperson are absent. 2) Keeps the minutes of the meetings of the commission in an appropriate minute book 3) Signs all minutes of the commission as Well as other official documents of the commission. PART III. MISCELLANEOUS Section 1. Suspension of Rules The commission may suspend any of these rules by a 2/3 vote of those members present. Section 2. Amendments These rules may be amended at any regular meeting by a 2/3 majority of the members of the commission, provided that the amendment was presented and written into the minutes of a previous meeting. Section 3. Review The contents of these bylaws and rules of procedure should be comprehensively reviewed, evaluated, and modified where necessary, at the organization meeting held in February of each year. Adopted this 26th day of February, 1991. Chairperson, R }- hhfield Planning Commission Secr Mary, Richfield `l-aruiing Commission Richfield City Code 305.05 305.05. Planning agency. Subdivision 1. Establishment. Pursuant to Minnesota Statutes, section 462.354, subdivision 1, there is created and continued a city planning agency. Subd. 2. Commission form. The planning agency shall operate as a planning commission of the city. Staff services for the commission shall be furnished by the community development department of the city. The commission serves in an advisory capacity to the council. Subd. 3. Composition of the commission. The commission consists of nine members appointed by the council to serve for terms of three years, with terms of members to be staggered so that as nearly equal number of terms as possible shall expire each year. Terms begin on the first day of February. The city manager, the superintendent of schools for Independent School District No. 280, one council member and one other representative of the Board of Education of Independent School District No. 280 designated by the district are ex officio officers and members of the commission without voting rights. Subd. 4. Powers and duties of the commission. The planning commission shall undertake the duties given by Minnesota Statutes, sections 462.351 to 462.354. The planning commission shall deliberate and make recommendations on: a) proposed subdivisions and resubdivisions of land; b) proposed amendments to the zoning ordinance code; c) land development applications requiring special use permits or.varianc- es from the land development regulations of the city; and d) such other matters relating to planning and development within the city, as may be referred to it by the council. Subd. 5. General objectives of the commission. The planning commission shall endeavor to perform the following functions on behalf of the city: a) subject planning decisions to citizens' examination and influence through technical advisory subcommittees which may study and recommend courses of action on special planning matters; b) act as an advocate of various beneficial planning projects, as direct- ed by the council, to stimulate interest and acceptance of planning within the city; and c) act as a coordinator of planning activities within the city by working with public, quasi - public and private planning groups to coordinate the total planning efforts of the city and other governmental units. Richfield City Code 305.05, Subd. 6 Subd. 6. Dismissal of commission members. Commission members serve at the pleasure of the council. The council may dismiss members of the commission with or without cause. Subd. 7. Vacancies. The office of a*member is vacant upon the member's: a) death; b) disability or failure to serve; c) removal of legal residence from the city; d) resignation in writing; e) removal with or without cause by the council; or f) election or appointment to an elective public office. The commission shall notify the council of a vacancy and request appropriate action to fill the vacancy. Subd. B. Additional powers and duties. The council may assign additional duties and responsibilities to the planning commission to assist the commission in effectively carrying out the commission's objectives, powers and duties. i