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Ordinance No. 0606 01-05-1976r ' �� 4� !� ORDINANCE N0. 606 APJ ORDINANCE ESTABLISHING CHAPTER 6 OF THE FRIDLEY CITY CODE PERTAININC TO CERTAIN COMM:SSIONS FOR THE CITY OF FRIDLEY, MINNESOTA CONSISTING OF THE FOLLOWING: PLAN�!ING C�MM?SS:ON, PARKS AND RECREATION COMMISSIOiv, ENVIRONMENTAL QUALITY COMMISSION, HUMAN RESOURCES COMMISSION, APPEALS COMMISSION AND COMMUNITY DEVELOPMENT COMMISSION; AND REPEALING CHAPTERS N0. 101, 12], 201, ]22, 216, AND SECTION 205.18. The City of Fridley does ordain as follows: SECTION 6.01 PLANNING COMMISSION 6.011 Title There is hereby created a Planning Commissicn for the City of Fridley, TITLE Minnesota. 6.012 Purpose The Plannin9 Commission is esta6l.ished to promote the systematic and PURPOSE continuing application of organized knowledge a�d foresight in the pursuit of clearly defined and proner�y related goals and objectives in order to create an increasingly better, more healthful, convenient, efficient and attractive environment. 6.013 Scope The Planning Commission shall serve in an advisory capacity to the City Council. Problems shall be referred to the Planning Commission by the City Council, City Administration or Chairmen of the member comonissions, and muy bc assigned to the member commissions for detailed study and recommendations as reGui;^ed. All recommendations by the Planning Commission sha;l be made to the City Council. The Planning Commission is charged with responsib�lity for continuous community planning and development ef comprehensive goals and policies, including but not limited to, land use, housing, environ- ment, parks and recreation, public services, human resources, and other related community activities. ?he Planning Commission shall advise the City Council in the develop� ment of programs to giroe increased effectiveness and direction in implementina established Ci±y goaks, policies and framework and recommend actions needed to carry out planning responsibility. 6.014 Membership of Planning Commission SCOPE The Planning Commission shall consist of the Planning Commissien MEMBERSHI° Ch�irman, the Chairman of the Community Develoomen± Commission, the Chairman of the Parks and Recreation �om�iiission, the Chairma;� of the Appeals Commission, the Chairman of the Eno�ironmental Quality Commission and the Chairman of the Human Resources Cammission. The Chairman of the Planning Commission shall be appointed by the City Counci� to serve for a three year term as a voting member of the Commission. The Planning Cornmissicn members serve as Chairman of the member commissions and are appointed according to provisions outlined in the Ordinance establishing each of t�e member commissions. The Planning Commission s�all each year, from their own numbers, chose a Vice-Chair°mar�. At any meeting of the Planning Commission if the regular Chairman is unable to attend, the Vice-Chairman shall act in his place. �? ORDINANCE N0. 606 SECTION E.02 COMMISSIONS CREATED There is hereby created the fo]lowing additional Commissions for the City of Fridl�y. These Commissions shall be known as: Parks and Recreation Commission Environmen'al Quali�y Commission Human Resources Commission Appeals Commission Community Development Commission SEC7`I�N 6.03 MEMBERSHIP OF COMMISSIONS Each Commission shall consist of five Fridley residents, appointed by City Council. The Commission Chairmen shall be elected by the Commission member- ship and shall also serve as a member of the Planning Commission. The Commission members shall be appointed by the City Council for three year terms, except the City Council shall stagger the appoint- ments so that the terms of no more than two members shall expire in any one year. Attempt shall be made to have all City wards represented on the Commissions. Upon the expiration of their terms of office, members shall continue to serve until their successor shall have been appointed. The Commissions shall each y�ar, from their own numbers, choose a Chairman and Vice Chairman. At any meeting of the Commissions, if the regular Chairman is unable to attend, the Vice Chairman shall act in his place. SECTION 6.04 UACANCY PAGE 2 COMMISSION -�TTLES ' MEMBERSHIP Commission members may resign or be removed from office by a UACANCY ' majority vote of the City Council. The Commission member appointed to fill any vacancy shall serve for the remainder of the vacated term. SECTION 6.05 ORGANIZATION OF THE COMMISSIONS A. Following the appointment of inembership, each of the Commissions shall meet, organize and elect any officers, as it deems desirable ORGANIZATi01! B. Adopt rules for its meetin9s and the transaction of its business, in order to fulfill the responsibilities of the Commission, C. The Chairman shall assure the fulfillment of the following responsibilities: Call and preside over meetings of the Commission. 2. Appear or appoint a representative to appear, if deemed necessary before the City Council or any City Commission per- taining to matters within the scope of the Commission. 3. Provide liaison with other governmental and citizens' groups pertaining to matters within the scope of the Commission for the purpose of timely and relevant information for considera- tion by the Commission. SECTION 6.06 ADMINISTRATIVE STAFF � The City Manager shall assign one member of the Administrative Staff ADMINISTRATIVE to serve as secretary to each Commission. The secretary shall STAFF perform only such clerical duties on behalf of a Commission as may be assigned by the Chairman and with the consent of the City Manager. Additional advisory staff shall be assigned to the Canmissions by the City Mana9er within the restraints of the adopted general fund budget. Administrative Staff shall 6e limited to Commission level unless specifically approved by the City Council. , l_� � ORDINANCE N0. 606 SECTION 6.07 PROJECT COMMITTEES The Commissions may establish special project committees to further the objectives of the Commissions and provide for greater citizen participation. Such project committees shall be appointed 6y a Commission for special projects and shall cease to exist when their activities are completed. The qualifications for membership, compo- sition and duties of such project committees shall be at the dis- cretion of the Commission. The project committee may be chaired by a member of the Commission, and at least one member of the commission shall act as a liaison for each project committee. SECTION 6.08 COMPENSATION The members of the Commissions shall serve without pay, but may be reimbursed for actual expenses of funds therefore are provided in the adopted general fund budget. SECTION 6.09 REPORTS The Commissions shall make such reports as requested by the City Council or Planning Commission. SECTION 6.10 MEETINGS �� �, PAGE 3 PROJECT COMMITTEES COMPENSATION REPORTS Meetings shall be called by the Chairmen and shall be held as MEETINGS necessary to fulfill the responsibilities of the Commissions. Al1 meetings of the Commission shall be open to the public. Minutes shall be kept of all meetings. Findings and recommendations shall be transmitted by the Commission Chairmen to the Planning Commission and from the Planning Commission to the City Council. SECTION 6.11 PARKS AND RECREATION COMMISSION 6.111 Purpose The Parks and Recreation Commission is established to promote the systematic comprehensive development of park facilities and recre- ational activities necessary for the physical, mental, emotional, moral health and we71: being of the residents of the City of Fridley. 6.112 Scope The Parks and Recreation Commission shall act as an advisory commission to the Planning Commission for continuous community planning and development of comprehensive goals and policies. Any change in related community planning and comprehensive City goals and policies must be reviewed by the Planning Commission who will then make recommendations to the City Council. The Parks and Recreation Commission shall advise the City Council, after a policy review by the Planning Commission, in the development of programs to give increased effectiveness and direction in imple- menting established City goals, policies and framework, and recommend actions as needed to provide park and recreational opportunities. 6.113 Program The Commission shall each year, prior to June l, recommend a capital improvements program for parks improvements and acquisition and for public recreation activities for the ensuing year. 6.114 Funds For the purpose of financing the parks and recreation program authorized by this chapter, the accounting shall be the responsi- bility of the treasurer of the City. The Commissian shall be autho- rized to establish charges or fees for the restricted use of any facility or to make any phase of the recreation program wholly or partially self-sustaining. Any employees who handle cash in the process of collection shall be bonded. PURPOSE SCOPE PROGRAM FUN�S _ '�' � ORDINANCE N0. 606 SECTION 6.12 ENUIRONMENTAL QUALITY COMMISSION 6.121 Purpose The Commission is established to stimulate interest in, and to promote an awareness of, environmental concerns among citizens of the City of Fridley; to serve as resource agency to the City on matters regarding the environment, including information on environ- mental problems, laws, policies and regulations of the county, metropolitan, state and federal levels to the extent of their effect on Fridley; and to advise the City Council, the City Manager and other appropriate City commissions on matters pertaining to the maintenance or improvement of the environment, including the review and recommendation of programs and policies within the City. 6.122 Scope The Environmental Quality Commission shall act as an advisory Com- mission to the Planning Commission for continuous community planning and development of the comprehensive City goals and policies. Any change in related community planning and comprehensive City goals and policies must be reviewed by the Planning Commission who will then make recommendations to the City Council. The Environmental Quality Commission shall advise the City Council, after a policy review by the Planning Commission, in the develop- ment of programs to give increased effectiveness and direction in implementing established City goals, policies and framework and recommend actions as needed relevant to the environment. SECTION 6.13 HUMAN RESOURCES COMMISSION 6.131 Purpose The purpose of the Commission is to promote intensified communi- cation and protection of just and equitable rights among all resi- dents of the community; to promote harmonious relationships among people of all races, religions, ethnic groups, social/economic status, ages, gender, physical, mental and emotional disabilities and diverse life styles; to promote understanding and equal oppor- tunity in employment, housing, public accomodations, and public, cultural and educational services; and full participation in the affairs of the City of Fridley. 6.132 Scoae The Human Resources Commission shall act as an advisory Commission to the Planning Commission for continuous community planning and development of comprehensive City goals and policies. Any change in related community planning and comprehensive City goals and policies must be reviewed by the Planning Commission who will then make recommendations to the City Council. The Human Resources Commission shall advise the City after a policy review by the Planning Commission, in ment of programs to give increased effectiveness and implementing established City goals and policies and actions as needed to provide equal opportunity in th ECTION 6.14 APPEALS COP4MISSION 6.141 Title Council, the develop- direction in recommend e community. PAGE 4 PURPOSE SCOPE PURPOSE SCOPE The Council hereby creates an Appeals Commission to serve as the TITL� Board of Appeals and Adjustments and to exercise all authority and perform all functions of said Board pursuant to Minnesota Statutes 462.351 to 462.364. ' ' LJ � ' ORDINANCE N0. 606 6.142 Purpose The Appeals Commission is established to provide a process by which the public may appeal the literal provisior�s of the zoning ordiriance, sign ordinance and building code, for reasons of exceptional circum- stances when strict enforcement would cause undue hardship and strict conformity of the standards would be unreasonable and impractical or not feasible under the circumstances. 6.143 Scope A. The Appeals Commission shall act as an advisory Commission to the Planning Commission for continuous community planning and development of the comprehensive City goals and policies. Any change in related community planning and comprehensive City goals and policies must be reviewed by the Planning Commission who will then make recommendations to the City Council. B. The Commission shall have the power and duty of hearing and recommending to the City Council, after a policy review by the Planning Commission, as herein provided, appeals or requests in the following cases: 1. Appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of the zoning ordinance, sign ordinance or of the State Building Code. �� �� PAGE 5 PURPOSE SCOPE 2. Requests for variances from the litera] provisions of the zoning ordinance, sign ordinance or of the State Building Code in instances where strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration. C. In recommending or approving a variance, subject to the conditions of Section 6.146 the Commission and the Council may impose conditions to ensure compliance and to protect adjacent properties. 6.144 Petition by Owner A. Appeals From Decision of Zoning Administrator At any time within thirty days, any property owner who deems himself aggrieved by an alleaed error in any order, requirement, decision or determination made by an administrative officer in the enforcement of this chapter which affects his property, may appeal to the Commission by filing a written appeal with the City Manager. The appeal shall fully state the order appealed from the facts of the matter, and also the mailing address of the owner. Request for Variances The Commission may recommend variances from the strict appli- cation of the provision of this chapter and impose conditions and safeguards in the variances so granted in cases where there are practical difficulties or particular hardships preventing the strict application of the re9ulations of this chapter. An appli- cation for a variance shall be filed with the zoning administrator and shall state the exceptional conditions and the peculiar and practical difficulties claimed as a basis for a variance. PETITION BY Ol4NER VARIANCES i� ORDINANCE N0. 606 6.145 Recommendation by Appeals Commission PAGE 6 Within thirty (30) days after filing an appeal from an adminis RECOMMEN- trative order or determination, or request for variance, the Commission DATION BY shall set a date for hearing thereon and shall hear such persons as APPEALS want to be heard, either in person or by agent or attor�ney. Notice of COMP4ISSION such hearing to the person or persons who file the appeal, and to all adjacent property owners within a 200 foot distance of the requested variance location. Within a reasonable time, after the hearing, the Appeals Commission shall make its recommendations or approvals , subject to conditions of Section 6.146, and forward a copy of such recommendation or approval to the City Council through the Planning Commission. 6.146 Variances in R-1 Zoning In residential (R-1 Zoning) areas the Appeals Commission has the authority to approve variances when all the following conditions are met: A. There is unanimous agreement of the Appeals Commission. B. The staff concurs with the recommendation of the Appeals Commission. C. The 9eneral public attending the meeting or responding to the notice of public hearing, have no objection. D. The petitioner is in agreement with the recommendation. When the above conditions are not met, the variance request must be channeled through the normal variance procedure for final approval by the City Council, with a policy review by the Planning Commission. 6.147 Record of Action Taken The Appeals Commission shall provide for a record of its pro- ceedings which shall include the minutes of its meeting, its findings and the recommendation or approval on each matter heard 6y it; subject to the conditions of Section 6.146. The Commission recommendation or approval shall be in writing and shall contain a finding of fact as to: A. The public policy which is served by the requirement. B. The practical difficulties or unique circumstances of the property that cause undue hardship in the strict appli- cation of the requirement. C. Any conditions that attach to the variance. 6.148 Action of the Council The Council shall at its next regular meeting after receiving the recommendation of the Appeals Commission with a policy review by the Planning Commission, decide on the action to be taken. 6.149 Lapse of Uariance by Non-use Whenever within one (1) year after granting a variance, the recipient of the variance shall not have completed the work as per- mitted by the variance, then such variance shall become null and void unless a petition for extension of time in which to complete the work has been granted by the Commission. Such extension shall be requested in writing and filed with the City Manager at least twenty (20) days before the expiration of the original variance. The request for extension shall state facts showing a good faith at- tempt to complete the work permitted in the variance. Such petition shall be presented to the Appeals Commission for hearing and decision in the same manner as the original request for variance. R-1 ZONING POLICY RECORD ' OF ACTION TAKEN ACTION OF THE COUNCIL LAPSE OF ' ORDINANCE N0. 606 SECTION 6.15 COMMUNITY DEVELOPMENT COMMI 6.151 Purpose The Community Development Commission is esta6lished to promote and maintain high qUality community standards to ensure a well balanced and orderly development, rehabilitation and redevelopment � of the City of Fridley; including, but not limited to economic development, industrial and commercial development, housing, transportation services, public utilities, community development projects, and other related development activities. 6.152 5cope The Comrtiunity Development Commission shall act as an advisory Com- mission to the Planning Commission for continuous community planning and development of the comprehensive City goals and policies. Any change in related community planning and comprehensive City 9oals and policies must be reviewed by the Planning Commission who will then make recommendations to the City Council. The Community Development Commission shall advise the City Council, after a policy review by the Planning Commission, in the development of programs to give increased effectiveness and direction in imple- menting established City goals, policies and framework, and recommend actions as needed relevant to the physical development of the City. SECTION 6.16 Repeal The following Chapters and Section of the Fridley City Code are hereby repealed: � - Chapter 201 (Planning Commission) Chapter 101 {Parks and Recreation Commission) Chapter 121 (Environmental Quality Commission) Chapter 122 (Human Resources Commission) Chapter 216 (Community Development Commission) Section 205.18 (Board of Appeals and Variances) � ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 5TH DAY OF JANUARY., 1976. ATTEST: �(J� cnni .. �.�.t..n,fl� CITY C E K�-Marvin C. Brunse�T Public Hearing First Reading: Second Reading Publish: December 8, 1975 December 15, 1975 January 5, 1976 January 21, 1976 �.tiL�W` . / `-'� MAYOR - WILLIA . NEE ..�._, PAGE 7 PURPOSE SCOPE REPEAL