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IV.4. Second Reading: Ordinance 2016-1114 Related to the Planning & Zoning Commission Establishment; Lindahl (Memo)MEMO To: Honorable Mayor and City Council From: Jason Lindahl, City Planner Date: October 18, 2016 Subject: Second Reading for Ordinance 2016-1114 Related to the Planning & Zoning Commission Establishment Proposed Action The City Council’s action is to approve the second reading of Ordinance 2016-1114 and order the ordinance published. Overview Ordinance 2016-1114 will amend Section 325 of the City Code changing the title of this board from “Zoning and Planning Commission” to “Planning & Zoning Commission,” revising the language related to business representation on the Commission, and adding automatic removal language for not maintaining residency or employment status. On October 4, 2016, the City Council approved Resolution 2016-068, approving the first reading of Ordinance 2016-1114 amending the City Code related to Planning & Zoning Commission Establishment. During that same meeting, the City Council also approved Resolution 2016-059 approving similar changes to the Planning & Zoning Commission Bylaws. The Planning & Zoning Commission reviewed this item and held public hearings that produced no comment during the May 31 and August 30 meetings. During the August 30 meeting, the Planning & Zoning Commission voted unanimously to recommend the City Council approve this item. Attachments Ordinance 2016-1114 CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 2016-1114 AN ORDINANCE AMENDING SECTION 325 OF THE CITY CODE RELATED TO THE ESTABLISHMENT OF THE PLANNING & ZONING COMMISSION THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Sections 325 of the Hopkins City Code is the same and is hereby amended by adding the following underlined language and deleting the following strikethrough language, which reads as follows: 325.01. Subdivision 1. Zoning and planning commission established Establishment of the Planning & Zoning Commission. The Planning & Zzoning and planning cCommission is created and continued. The cCommission shall consist of seven persons of which no less than six shall have been a resident of the cCity for one year or more on the date of appointment;. At the sole discretion of the City Council, one member may be a manager, business owner, or employee of or have a substantial ownership stake in a business that is located within the corporate city limits of the City of Hopkins. The Commission shall also have one staff liaison to be appointed by the City Manager. Each member except the staff liaison shall have the right to vote on all matters before the cCommission. Members who discontinue legal residency in the City or fail to maintain the requirements to be eligible to serve as a business representative shall automatically be deemed to have resigned from the Commission as of the date of such discontinuance. Citizen m Member terms of office shall be for two years. Three citizen members of the cCommission shall be appointed on July 1st of each odd numbered year and four shall be appointed on July 1st of each even numbered year. Citizen m Members appointed to complete a current term of office shall be considered to have served a term of office if the appointment is to an office which is less than half completed. If the appointment is to an office which is more than half completed, the appointment the appointment will not be considered a term of office. Citizen mMembers shall serve no more than two consecutive terms of office. (Amended Ord. No. 87-581, Sec. 1)(Amended Ord. 2003-899) (Amended Ord 2003-905) The cCommission shall serve without compensation other than such compensation as its members may receive for other services performed for the cCity. The appointments shall be made by the Mayor with the approval of the Council, and any member of the Commission may be removed by a majority vote of the Council for misconduct or neglect of duties. The secretary of the Community Development Department shall act as secretary of the Commission and the City Attorney shall act as legal counsel for the Commission. (Amended Ord. No. 87-577) Subd. 2. Officers: by-Bylaws. The commission shall elect a chairperson from among its members and such other officers as its by-Bylaws may provide. The chairperson shall not be the business-owner or employee representative unless that member is also a resident of Hopkins. The cCommission shall adopt by Bylaws governing its procedures. (Amended Ord 2003-905) Subd. 3. Other duties. The cCommission is the Board of Adjustment and Appeals as provided in the zoning code (Appendix I to Chapter 5 of this code) and has the powers and duties assigned to it by the zoning code and by law. First Reading: October 4, 2016 Second Reading: October 18, 2016 Date of Publication: October 27, 2016 Date Ordinance Takes Effect: October 27, 2016 ______________________ Molly Cummings, Mayor ATTEST: _______________________ Amy Domeier, City Clerk