Planning Commission

MANISTEE CITY PLANNING COMMISSION Meeting of Thursday, January 5, 2017 7:00 p.m. - Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan AGENDA I Call to Order II Roll Call III Approval of Agenda At this time the Planning Commission can take action to approve the January 5, 2017 Agenda. IV Approval of Minutes At this time Planning Commission can take action to approve the December 1, 2016 meeting Minutes. V Public Hearing None VI Public Comment on Agenda Related items At this time the Chair will ask if there are any public comments on agenda related items. VII New Business Sub-Committee Appointments According to the By-Laws of the City of Manistee Planning Commission the Chair will appoint members of the Planning Commission to serve on Sub-Committees of the Planning Commission and one member who shall serve on the Zoning Board of Appeals. By Law Review According to the By Laws of the City of Manistee Planning Commission shall annually review their By Laws at the regularly scheduled meeting in January. At this time the Planning Commission could take action to make changes to their By Laws if necessary. Page 1 of 2  Clear Zoning Audit – Zoning Amendments As part of the Redevelopment Ready Community Certification process a Zoning Audit was prepared by Clear Zoning. Staff reviewed a variety of proposed amendments with the Commission which were sent to the City Attorney for review/input. At this time the Planning Commission will review the Zoning Amendments that are a result of the Audit. VIII Old Business IX Public Comments and Communications At this time the Chair will ask if there are any public comments. X Correspondence At this time the Chair will ask if any correspondence has been received to be read into the record. XI Staff Reports At this time the Chair will ask Staff for their report. XII Members Discussion At this time the Chair will ask members of the Planning Commission if they have any items they want to discuss. XIII Adjournment Page 2 of 2 Memorandum Denise Blakeslee To: Planning Commissioners Planning & Zoning Administrator FROM: Denise Blakeslee, Planning & Zoning Administrator 70 Maple Street Manistee, MI 49660 231.398.2805 DATE: December 22, 2016 dblakeslee@manisteemi.gov www.manisteemi.gov RE: January 5, 2017 Meeting Commissioners, the next meeting of the Planning Commission will be on Thursday, January 5, 2017. We have the following items on the agenda:  Sub-Committee Appointments  By Law Review  Clear Zoning Audit-Zoning Amendments If you are unable to attend the meeting please call me at 398-2805.  CITY OF MANISTEE PLANNING COMMISSION 70 Maple Street Manistee, MI 49660 MEETING MINUTES December 1, 2016 A meeting of the Manistee City Planning Commission was held on Thursday, December 1, 2016 at 7 pm in the Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan. Meeting was called to order at 7:00 pm by Chair Yoder ROLL CALL Members Present: Maureen Barry, Ray Fortier, Marlene McBride, Mark Wittlieff, Roger Yoder Members Absent: Aaron Bennett (excused), Vacancy Others: Denise Blakeslee (Planning & Zoning Administrator) and others APPROVAL OF AGENDA Motion by Ray Fortier, seconded by Marlene McBride that the agenda be approved as prepared. With a Roll Call vote this motion passed 5 to 0 Yes: Barry, Fortier, McBride, Wittlieff, Yoder No: None APPROVAL OF MINUTES Motion by Mark Wittlieff, seconded by Marlene McBride that the minutes of the November 3, 2016 Planning Commission Meeting be approved as prepared. With a Roll Call vote this motion passed 5 to 0. Yes: Fortier, Barry, McBride, Wittlieff, Yoder No: None PUBLC HEARING None City of Manistee Planning Commission Meeting Minutes of December 1, 2016 Page 1 PUBLIC COMMENT ON AGENDA RELATED ITEMS None NEW BUSINESS Election of Officers 2017 According to the By-Laws of the City of Manistee Planning Commission their annual election of Officers is held at the December Meeting for the following year. Chair - At this time the meeting was turned over to Denise Blakeslee who asked for nominations for the Position of Chair. Marlene McBride, nominated Mark Wittlieff for the position of Chair. Nominations were asked for three times. There being no other nominations, nominations were closed. With a roll call vote, Mark Wittlieff was elected Chair of the Planning Commission for 2017, 5 to 0. Yes: Wittlieff, McBride, Barry, Fortier, Yoder No: None Vice-Chair – Denise Blakeslee asked for nominations for the Position of Vice-Chair. Ray Fortier nominated Maureen Barry for the position of Vice-Chair. Nominations were asked for three times. There being no other nominations, nominations were closed. With a roll call vote, Maureen Barry was elected Vice - Chair of the Planning Commission for 2017, 5 to 0. Yes: Yoder, Fortier, Barry, McBride, Wittlieff No: None Secretary – Denise Blakeslee asked for nominations for the Position of Secretary. Ray Fortier nominated Marlene McBride for the position of Secretary. Nominations were asked for three times. There being no other nominations, nominations were closed. With a roll call vote, Marlene McBride was elected Secretary of the Planning Commission for 2017, 5 to 0. Yes: Barry, Wittlieff, McBride, Fortier, Yoder No: None Appointment of a Recording Secretary 2017 Once Elected the Secretary may appoint a Recording Secretary to handle the administrative functions of the office. Marlene McBride appointed Denise Blakeslee to act as the Recording Secretary for the Planning Commission for the year 2017. City of Manistee Planning Commission Meeting Minutes of December 1, 2016 Page 2 Clear Zoning Audit – Zoning Amendments As part of the Redevelopment Ready Community Certification process a Zoning Audit was prepared by Clear Zoning. The Commissioners reviewed the Zoning Audit that was performed by Clear Zoning and begin discussion on recommended Zoning Amendments that are a result of the Audit. Incidentals  VARIOUS / Add “Zoning” to Administrator and “Planning” to Commission as needed  Article 2 Definitions/ AMEND Item B - Building Envelope  Article 2 Definitions / ADD Item S - Solar Energy System and Solar Storage Battery  Article 2 Definitions /Item S - Sexually Oriented Business AMEND DEFINITIONS FOR Adult Arcade, Adult Bookstore or Adult Video Store, Adult Cabaret, Adult Motel, Adult Motion Picture Theater  ADD DEFINITIONS FOR Adult Minim-Motion Picture Theater, Nudity or State of Nudity, Permittee and or Licensee, Semi-Nude  Article 2 Definitions AMEND /Item S - State Licensed Residential Facilities  Article 3 / Table 3-1 – CORRECT PD Floor Area (typo Change from 550 to 500)  Article 3 / Table 3-2 – REMOVE Wind Energy Conversion as a Special Use in R-3  Article 5 General Provisions/ AMEND Section 509 Height  Article 5 General Provisions/ ADD Section 529 Solar Energy System  Article 10 R-3 High Density Residential - REMOVE Wind Energy Conversion as a Special Use – Sections 1000 & 1002  Article 16 L-I Light Industrial – AMEND 1600 Purpose and Intent Commissioners did not have any concerns about proposed amendments, staff will forward to City Attorney for review. Child & Adult Residential Care Facilities – Commissioners will review language and further discuss potential amendments once staff speaks with the City Attorney. Convenience Store w/fuel pumps / Gasoline Station  Article 3/Table 3-2 – DELETE Convenience Store, w/fuel pumps as a use  Article 3/Table 3-2 – CHANGE Convenience Store, wo/fuel pumps to Convenience Store  Article 3/Table 3-2 – ADD Gasoline Station as a SLU in C-2  Article 13 C-1 Regional Commercial – DELETE Convenience Store w/fuel pumps as a SLU from Sections 1300 and 1302  Article 14 C-2 Neighborhood Commercial - DELETE Convenience Store w/fuel pumps as a SLU from Sections 1400 and 1402  Article 14 C-2 Neighborhood Commercial – ADD Gasoline Station as a SLU in Sections 1400 and 1402  Article 18 Special Uses/ DELETE Section 1822 Convenience Store with Fuel Pumps  Article 18 Special Uses/ AMEND Section 1841 Gasoline Station Commissioners discussed changes and finalize language in Section 1841.F.5 to read: Dismantled, wrecked, or immobile vehicles shall not be permitted to be stored on site. Staff will forward to City Attorney for review. Dumpster Standards City of Manistee Planning Commission Meeting Minutes of December 1, 2016 Page 3   Article 5 General Provisions/ADD Section 506 Dumpsters and Enclosures  Article 18 Special Uses / AMEND all sections that reference dumpsters Commissioners discussed the development of Dumpster Standards and removed draft language that required the installation of bollards and asked staff to forward to the City Attorney for review. . Parking Standards  Article 2 Definitions/ ADD definitions for Electric Vehicle, Electric Vehicle Charging Station and Electric Vehicle Parking Space  Article 5 General Provisions/ AMEND Section 514 by adding Vehicle Stacking; Deferred Parking; Electric Vehicle Parking; Bike Parking standards  Article 18 Special Uses /AMEND Section 1828 Drive-Through Establishments, Item 4 Stacking Areas Commissioners discussed proposed changes and asked staff to forward to the City Attorney for review. Signs  Article 2 Definitions / Section B AMEND definition of Billboard – two options are proposed for discussion  Article 2 Definitions / Section S DELETE definitions that are content based (Items D, J, K, O, Q U and Amend W)  Article 3/ Table 2 – DELETE Gallery or Museum and Place of Public Assembly Small as a SLU since there are no Key Street Segments in the R-1 Low Density Residential Zoning District  Article 5 General Provisions / DELETE item B.5 from Section 534  Article 8 R-1 Low Density Residential / DELETE Gallery or Museum/Places of Public Assembly Small from Section 800 & 802 as a SLU with Key street frontage  Article 18 Special Uses / AMEND Section 1814 Billboard Item A – two options are proposed for discussion  Article 18 Special Uses / AMEND Section 1847 Home Occupations Items B.1 & B.2  AMEND Article 21 Signs - PC will need to establish sign areas for SIGN REGULATION TABLE Staff will ask the City Attorney for input on the definition of Billboards and to review the draft to make sure that it will meet the standards of the 2016 Supreme Court decision in Reed vs Gilbert. The commission will need to finalize the Sign Regulation Table and staff will discuss with the City Attorney the requirement of permits. Communication Towers / CHANGED TO / Wireless Communication Facilities  Article 2 Definitions / Section C DELETE Definition for Communication Tower  Article 2 Definitions / Section W ADD definition for Wireless Communication Facility  Article 3 /Table 2 DELETE Communication Towers as a Use  Article 3 / Table 2 ADD Wireless Communication Facility as a Use  Article 10 R-3 High Density Residential – CHANGE Communication Tower to Wireless Communication Facility in Section 1000 & 1002  Article 12 WF Waterfront District / CHANGE Communication Tower to Wireless Communication Facility in Section 1200 & 1202  Article 13 C-1 Regional Commercial / CHANGE Communication Tower to Wireless Communication Facility in Section 1300 & 1302 City of Manistee Planning Commission Meeting Minutes of December 1, 2016 Page 4   Article 16 L-I Light Industrial CHANGE Communication Tower to Wireless Communication Facility in Section 1600 & 1602  Article 18 Special Uses – DELETE Section 1819 Communication Tower  Article 18 Special Uses – ADD Section 1893 Wireless Communication Facilities – Language has been updated from language used for Communication Tower including requirements under the Planning Enabling Act. Commissioners discussed proposed amendment. Staff will forward to City Attorney for review. Mixed Use - Clear Zoning recommends that Mixed Use become a use by right in other zoning districts as needed. Commissioners reviewed table of Uses and determined that Mixed Use should be changed from a Special Use to a Use by Right in the G-C Golf Course, W-F Waterfront, C-1 Regional Commercial, and C-2 Neighborhood Commercial and C-3 Central Business Districts. USES P-D G-C R-1 R-2 R-3 R-4 W-F C-1 C-2 C-3 L-I G-I Peninsula Golf Low Med High Mfg. Water- Reg’l Neigh. Bus Central Light Gen District Course Density Density Density Housing front Com Bus Ind Ind Mixed-Use Development R SLU SLU SLU SLU SLU SLU SLU SLU SLU R R R R R Eating and Drinking Establishments - During the public hearings it was noted that we do not have enough restaurants in the City. Commissioners reviewed table of Uses and determined that Eating and Drinking Establishments should be changed from a Special Use to a Use by Right in W-F Waterfront, and C-2 Neighborhood Commercial Districts. USES P-D G-C R-1 R-2 R-3 R-4 W-F C-1 C-2 C-3 L-I G-I Peninsula Golf Low Med High Mfg. Water- Reg’l Neigh. Bus Central Light Gen District Course Density Density Density Housing front Com Bus Ind Ind Eating and Drinking Establishment R R SLU* SLU* SLU R SLU R SLU R R Fences - Staff has discussed with the City Manager the amount of time being spent on issuing Fence Permits vs other duties. The Commissioners agreed with the recommendation to remove the requirements for fence permits. MASTER PLAN/ZONING MAP Section 3.4.5 Comparative Analysis of Future Land Use and Existing Zoning from the Master Plan indicated the number of nonconforming parcels in the City. Staff discussed the need to determine if any changes should be made to the Zoning Map and or changes in Zoning District standards. There were four areas that were discussed by the Commission as follows:  R-3 High Density Zoning District located in the Northside – Lots were platted at 40’ x 100’ and there are 53 Non-Conforming Parcels.  R-3 High Density Zoning District located north of First Street East of Maple Street – the majority of the nonconformities in this area were created by splitting platted 60 foot lots in half.  R-1 area east of Cherry Street, shown on the future land use map as Medium Density Residential, by rezoning from R-1 Low Density Residential to R-2 Medium Density Residential all except for 2 parcels will go from Non-Conforming parcels to parcels that conform to the Zoning Requirements. City of Manistee Planning Commission Meeting Minutes of December 1, 2016 Page 5   R-2 Medium Density Residential Districts – there are numerous parcels throughout the District that have been split over the years that cannot meet the requirements of the district. The continued uses of these parcels are permitted as legal non-conforming parcels. There are not a significant number of parcels in one area to justify rezoning an area from R-2 to R-3. The Commissioners wanted additional time to review information to determine if changes to the zoning map should be made or reduction in the R-3 Zoning Standards should be considered. Staff brought to the Commission’s attention that the parcels where Family Video/China Buffet is located on Cypress Street, the parking lot is zoned C-2 and the buildings are zoned R-2. The Commission discussed re-zoning the entire block to C-2. OLD BUSINESS None PUBLIC COMMENTS AND COMMUNICATIONS None CORRESPONDENCE None STAFF/SUB-COMMITTEE REPORTS Denise Blakeslee, Planning & Zoning Administrator – Commissioners were invited to the RRC Certification Presentation on January 20, 2017. The next regular meeting of the Planning Commission will be held on Thursday, January 5, 2017 ADJOURNMENT Motion by Ray Fortier, seconded by Mark Wittlieff that the meeting be adjourned. MOTION PASSED UNANIMOUSLY. Meeting adjourned at 8:22 pm MANISTEE PLANNING COMMISSION ____________________________________ Denise J. Blakeslee, Recording Secretary City of Manistee Planning Commission Meeting Minutes of December 1, 2016 Page 6  CITY OF MANISTEE PLANNING COMMISSION BY- LAWS AND RULES OF PROCEDURES 1. AUTHORITY These By- laws and Rules of Procedures are adopted by the Planning Commission of the City of Manistee, County of Manistee, ( hereinafter referred to as the Commission) pursuant to Public Act 110 of 2006, as amended, the Michigan Zoning Enabling Act; Public Act 33 of 2008, as amended being the Michigan Planning Enabling Act, the City of Manistee Zoning Ordinance, and the Public Act 267 of 1976, as amended, the Open Meetings Act. 2. OFFICERS 2. 1 Selection. At the December meeting, the Planning Commission shall elect a chair, vice- chair and secretary who shall serve for the next twelve ( 12) months and who shall be eligible for re- election. Vacancies in an office of the Commission shall be filled at the next regular meeting of the Commission. The membership shall elect one of its members to fill the vacancy until the next annual election. 2. 2 Duties. The chair shall preside at all meetings and shall conduct all meetings in accordance with the rules provided herein. D. The vice- chair shall act in the capacity of the chair in the absence of the chair or in the event of a vacancy in the office of chair; in which case, the Commission shall select a successor to the office of vice- chair at the earliest practicable time. D The Secretary shall be responsible for execution of documents in the name of the Planning Commission, the preparation of minutes, keeping of pertinent public records, delivering communications, reports, and related items of business of the Commission, issuing notices of public hearings and performing related administrative duties to assure efficient and informed Commission operations. The Secretary may appoint a Recording Secretary to handle the administrative functions of the office. In the event the Secretary is absent, the chair or acting chair shall appoint a temporary secretary for such meeting. 2. 3 Tenure. The officers shall take office at the first regularly scheduled meeting immediately following their election. They shall hold their office for a term of one year, or until their successors are elected and assume office. 3. MEETINGS 3. 1 Meeting Notice. Notice of all meetings shall be posted at City Hall by December 31st of each year. The notice shall include the date, time and place of the meeting. Any changes in the date or time of the regular meetings shall be posted and noticed in the same manner as originally established. When a regular meeting date falls on or near a legal holiday, the Commission shall select suitable alternate dates in the same month, in accordance with the Open Meeting act. 3. 2 Removal from Office. The legislative body may remove a member of the planning commission for misfeasance, malfeasance, or nonfeasance in office upon written charges and after a public hearing. City of Manistee Planning Commission Page 1 By- Laws and Rules of Procedures  3. 3 Commission Absences. In order to maintain the maximum participation of all appointed Planning Commission members at all scheduled meetings, the following is the attendance guide and Commissioner replacement policy for" excused" or" unexcused" absences: 1. When appointed, each Commissioner should state his/ her willingness and intention to attend each scheduled meeting of the Planning Commission. 2. In the event of unplanned personal matters, business trips, family vacation trips, changed job requirements, sickness, or other physical disabilities that prohibit the Commissioner from attending the scheduled meeting; the Commission Chair or staff Liaison to the Planning Commission should be notified as soon as possible prior to the time of the scheduled meeting of their inability to attend. The Commissioner upon this notification will receive an" excused absence" for the involved scheduled meeting. 3. If any Commissioner is absent from three ( 3) consecutive scheduled meetings without an " excused absence" for any of the three ( 3) meetings, the Commissioner shall be reported in writing to the City Manager. The City Manager will contact the Commissioner in writing and question his/ her continued ability or interest in being on the Commission, giving the member a chance to rectify the attendance issue or submit a resignation. 4. There will be no limit on the number of consecutive " excused absences" for any Commissioner. However, if the Commissioner is repeatedly absent for at least 50% of the yearly scheduled meetings, that member will also be reported in writing to the City Manager. The City Manager will contact the Commissioner in writing and question the member' s continued ability or interest to be on the Commission. The Commissioner will be considered for appointment nullification when the absences total six in the calendar year. 5. The appointment nullification action would be initiated by the City Manager and forwarded on to the City Council for official action. 3. 4 Special Meetings. A special meeting may be called by three members of the Planning Commission request to the Secretary or by the Chairperson. upon written The business which the Planning Commission may perform shall be conducted at a public meeting of the Planning Commission held in compliance with the Open meeting Act. Public Notice of the time, date, and place of the special meeting shall be given in a manner as required by the Open Meeting act, and the Secretary or Recording Secretary shall provide notice to commission members by writing, telephone, or e- mail. 3. 5 Quorum. In order for the Commission to conduct business or take any official actions, a quorum consisting of at least four of the seven members of the Commission shall be present. When a quorum is not present, no official action, except for the closing of the meeting may take place. The members of the commission may discuss matters of interest, but shall take no action until the next regular or special meeting. All public hearings without a quorum shall be scheduled for the next regular or special meeting and no additional public notice is required provided the date, time and place is announced at the meeting. 3. 6 Public Hearings. Hearings shall be scheduled and due notice given in accordance with the provisions of the Acts and Ordinance cited in Section 1. Public hearings conducted by the Planning Commission shall be run in an orderly and timely fashion. This shall be accomplished by the following procedure. City of Manistee Planning Commission By- Laws and Rules of Procedures Page 2  1. The Chair of the Planning Commission shall announce that a public hearing will be conducted on a request. 2. The Chair may read the public hearing announcement as published in the newspaper and give a brief description of the hearing subject and the public notice procedure. 3. The Chair may announce the following hearing rules: a. The Chair will recognize each speaker. When a speaker has the floor, he/ she is not to be interrupted unless time has expired. Persons speaking without being recognized shall be out of order. b. Each speaker shall state their name and address for the record and may present written comments for the record. c. Speakers shall address all comments and questions to the Planning Commission and comments will be limited to the subject matter of the Public Hearing. d. Unless waived by the Planning Commission for a specific meeting or a specific speaker, public comment shall be limited to five ( 5) minutes per speaker, one time only. If a group of people wish to be heard on one subject, a spokesperson may be designated who may request that more than five ( 5) minutes be permitted for collective comments of the group as presented by that speaker. e. The Chair may require that repetitive comments be limited or abbreviated in the interest of saving time and allowing others to speak. Everyone shall have an opportunity to speak before someone is allowed to speak a second time. f. The Chair may establish additional rules of procedure for particular hearings as he/ she determines appropriate. g. Normal civil discourse and decorum is expected at all times. Applause, shouting, outbursts, demonstrations, name- calling or other provocative speech or behavior may result in removal from the hearing or an adjournment. 4. Once all public comments have been stated, the Chair shall close the hearing. Any voting member of the Planning Commission may initiate a motion to close the hearing. 5. Public Hearings may be carried out in the following format: a. The Chair shall open the hearing. b. The Applicant shall present any comments and explanation of the case. Applicant' s presentation shall not be subject to the five ( 5) minute limitation. c. The City staff and any consultants serving the City shall present their reports. d. The hearing will be opened for public comment. e. The public comment period will be closed. f. Deliberation and discussion by the Planning Commission. g. Disposition of the case by the Planning Commission. 3. 7 Motions. Motions shall be restated by the Chair before a vote is taken. The name of the maker and supporter of each motion shall be recorded. 3. 8 Voting. An affirmative vote of the majority of those members present shall be required for the approval of any requested action or motion placed before the Commission. Voting shall ordinarily be by voice vote; provided however that a roll call vote shall be required if requested by any Commission member or directed by the Chairperson. All members of the Commission including the Chairperson shall vote on all matters, but the Chairperson shall vote last. City of Manistee Planning Commission By- Laws and Rules of Procedures Page 3  3. 9 Order of Business. A written agenda for all regular meetings shall be prepared as followed. The order of business shall be: Call to Order. Roll Call Approval of Agenda Approval of Minutes Public Hearings Public Comment on Agenda related items New Business Old Business Public Comments and Communications Correspondence Staff Reports Members discussion Adjournment A written agenda for special meeting shall be prepared and followed, however the form as enumerated above shall not be necessary. 3. 10 Rules of Order. All meetings of the Commission shall be conducted in accordance with generally accepted parliamentary procedure as adopted by City Council for all Boards and Commissions within the City of Manistee. 3. 11 Agenda Items. For an item to be considered at a regular Planning Commission meeting, it must be submitted to the City Community Development Department no later than the established policy of the City prior to the next scheduled Planning Commission Meeting. 3. 12 Conflict of Interest:Before casting a vote on a matter on which a member may reasonably be considered to have a conflict of interest, the member shall disclose the potential conflict of interest to the planning commission. The member is disqualified from voting on the matter if so provided by the bylaws or by a majority vote of the remaining members of the planning commission. 1. As used here, a conflict of interest shall at a minimum include, but not necessarily be limited to, the following: a. A commission member issuing, deliberating, voting or reviewing a case concerning himself. b. A commission member issuing, deliberating, voting or reviewing a case concerning work on land owned by himself. c. A commission member issuing, deliberating, voting or reviewing a case involving a corporation, company, partnership, or other entity in which he is a part owner, or any other relationship where he may stand to have a financial gain or loss. d. A commission member issuing, deliberating, voting or reviewing a case which is an action which results in a pecuniary benefit to himself. e. A commission member issuing, deliberating, voting or reviewing a case concerning his spouse, children, step- child, grandchildren, parents, brother, sister, grandparents, parents in- law, grandparents in- law or member of his household. f. A commission member may consider the possibility of declaring a conflict of interest if his/ her home falls within a notification radius used for a Public Hearing. Because the sending of the notice automatically presumes some degree of interest, this fact City of Manistee Planning Commission By- Laws and Rules of Procedures Page 4  should be recognized by declaring a conflict, particularly if a financial impact is likely. g. A commissioner who feels, in his/ her judgment that his/ her job, scope of duties and/ or position may be at risk, pending the outcome of the permitting process. 2. A commission member shall, when he/ she has a conflict of interest do the following immediately, upon the first review of the case and determining a conflict exists: a. declare a conflict exists at the beginning of the meeting where the case appears on the agenda, or when the topic brought up so such declaration is recorded in the minutes, and b. refrain from participating in the discussion, site inspection or review of the case, except where specific information has been requested by the commission, and c. refrain from casting a vote on any motion having to do with the case. 4. MINUTES 4. 1 Preparation. Commission minutes shall be prepared by the Secretary or Recording Secretary of the Commission. The minutes shall contain a brief synopsis of the meeting, including a complete restatement of all motions and recording votes; complete statement of the conditions or recommendations made on any action; and recording of attendance. All communications, action and resolutions shall be attached to the minutes. 5. OPEN MEETINGS AND FREEDOM OF INFORMATION PROVISIONS 5. 1 All meetings of the Commission shall be open to the public and held in a place available to the general public. 5. 2 All deliberations and decision of the Commission shall be made at a meeting open to the public. 5. 3 A person shall be permitted to address a hearing of the Commission under the rules established in subsection 3. 5, and to address the Commission concerning non- hearing matters at the time designated for such comments. 5. 4 A person shall not be excluded from a meeting of the Commission except for breach of the peace, committed at the meeting. 5. 5 All records, files, publications, correspondences, and other materials are available to the public for reading, copying, and other purposes as governed by the Freedom of Information Act. 6. COMMITTEES 6. 1 Executive Committee. The Executive Committee of the Planning Commission shall consist of the Chair, Vice - Chair and Secretary. The Executive Committee shall be the Joint Ordinance Review Committee. 6. 2 Committees. The Planning Commission or Chair of the Planning commission may establish and appoint standing and/ or ad hoc committees for special purposes or issues, as deemed necessary. No more than three members of the Planning Commission may serve on a standing and/ or ad hoc committee at any given time. Committee appointments shall be City of Manistee Planning Commission Page 5 By- Laws and Rules of Procedures  made at the first regular meeting held in January of each year or at the time the committee is formed. 6. 3 Rules of Procedure. All Sub- committees are subservient to the Planning Commission and report their recommendations to the Planning Commission for review and action and shall be conducted in accordance with generally accepted parliamentary procedure as adopted by City Council for all Boards and Commissions within the City of Manistee. 7. ANNUAL REVIEW OF BY- LAWS The Commission shall annually review their By- Laws at the regularly scheduled meeting in January. 8. AMENDMENTS These rules may be amended by the Commission by a concurring vote subject to subsection 3. 7, during any regular meeting, provided that all members have received an advanced copy of the proposed amendments at least three ( 3) days prior to the meeting at which such amendments are to be considered. 3rd I HEREBY CERTIFY that the above Bylaws were adopted the day of January 2013. e Maureen Barry, Secret As Amended by the Planning Commission at their regularly scheduled meeting of March 5, 2009. Amendments included requirements of the new Michigan Zoning Enabling Act and Michigan Planning Enabling Act.] Annotation: As approved by the City Council at their June 2, 2009 Meeting- Council authorized the bylaw amendments for all Boards and Commissions to include the new Board Absences language; directed all boards or commissions to implement and follow these changes as Council has requested; and authorized the Mayor to sign the amended bylaws.] Annotation: Section 3. 9 Order of Business was amended at the January 6, 2011 Planning Commission Meeting by adding" Public Comment on Agenda related items" after Public Hearings] Annotation: Section 3. 9 Order of Business was amended at the January 6, 2011 Planning Commission Meeting by adding" Public Comment on Agenda related items" after Public Hearings] In order for the Annotation: on January 3, 2013 the Planning Commission amended the first sentence of Section 3. 5 Quorum as follows: Commission to conduct business or take any official actions, a quorum consisting of at least five four of the nine seven members of the Commission shall be present.] Annotation: on January 3, 2013 the Planning Commission amended the second sentence of Section 6. 2 Committees as follows: No more than feuf three members of the Planning Commission may serve on a standing and/ or ad hoc committee at any given time.] Approved by the City of Manistee Council I1I6If Date Cd(een Kenny, Mayor City of Manistee Planning Commission Page 6 By- Laws and Rules of Procedures