Planning Commission

MANISTEE CITY PLANNING COMMISSION Meeting of Thursday, May 4th, 2023 Time: 07:00 PM Eastern Time Location: City of Manistee Council Chambers AGENDA I Call to Order Pledge of Allegiance II Roll Call III Approval of Agenda At this time, the Planning Commission can take action to approve the May 4th, 2023, Agenda. IV Conflicts of Interest At this time, the Chair will ask if any members have any conflicts of interest on the approved Agenda. V Approval of Minutes At this time, the Planning Commission can approve the April 6th, 2023, Meeting Minutes. VI Correspondence Correspondence has been shared with the Planning Commission and will not be read aloud. VIII Public Hearing • Z23-02 – HDC Guidelines #2 Signage IX Public Comment on Agenda Related Items All comments and handouts from the speaker at the podium will go through the Chair, also there will not be any interaction between the podium and audience. If these rules cannot be followed, the Chair can terminate this portion of the meeting. (A limit of between 3 mins to address Planning Commission). X New Business • Z23-02 – HDC Guidelines #2 Signage • 515 Maple Street – Dumpster Waiver Request • Neighborhood Enterprise Zone (NEZ) – Tracy Davis, Housing Coordinator • Zoning Amendment to parking in C-3 District • Bylaw Amendment – RRC Board & Commission Training Strategy XI Old Business XII Public Comments and Communications At this time the Chair will ask if there are any public comments. (3 mins to address Planning Commission). XIII Staff Reports • Issued Permits & Business Registrations 2023 XIV Members Discussion At this time, the Chair will ask members of the Planning Commission if they have any items they want to discuss. XV Adjournment Page 1 of 1  Notice of Public Hearing Proposed Zoning Ordinance Amendment The Manistee City Planning Commission will hold a Public Hearing at their regularly scheduled meeting for proposed changes to the City of Manistee Zoning Ordinance on Thursday, May 4, 2023, at 7pm in Council Chambers at City Hall (231-398-2803), 70 Maple St., Manistee, MI 49660. The Hearing is being held to consider the adoption of proposed amendments to the City of Manistee Zoning Ordinance. Hearing Purpose: Amendment to the City of Manistee Zoning Ordinance as follows: Z23-02: Historic District Commission Guidelines Zoning Amendment Z23-02 has been prepared to amend the City of Manistee Zoning Ordinance to reference the City of Manistee Historic District Commission Guideline #2 – Signage, in Article 15 and Article 21 of the City of Manistee Zoning Ordinance. Copies of the proposed amendment are available for review or purchase at the Office of the City Clerk, City Hall, 70 Maple St., Manistee, MI, 49660, the Manistee County Planning Department, 395 Third St., Manistee, MI 49660 (231-723-6041), and on the City’s Web Page www.manisteemi.gov. Interested parties are welcome to attend the hearing, or written comments with signature can be submitted to the Manistee County Planning Dept. 395 Third St. Manistee, MI 49660 by the end of business day on the day of the meeting. Written comments will be delivered to the Planning Commissioners but will not be publicly read aloud during the meeting, according to the City of Manistee Planning Commission Bylaws.  ORDINANCE Z23-02 AN ORDINANCE TO AMEND IN PART ARTICLE 15 AND ARTICLE 21 OF THE CITY OF MANISTEE ZONING ORDINANCE WHICH WAS ADOPTED FEBRUARY 21, 2006. THESE AMENDMENTS ARE PREPARED TO REFERENCE THE CITY OF MANISTEE HISTORIC DISTRICT COMMISSION GUIDELINE #2 – SIGNAGE, AND TO PROVIDE FOR SEVERABILITY, TO ESTABLISH AN EFFECTIVE DATE AND TO REPEAL ALL ORDINANCES IN CONFLICT THEREWITH THE CITY OF MANISTEE ORDAINS: Section 1.: Language proposed to be removed is identified by strikethrough, and language proposed to be added is identified by italic. Amend Article Fifteen: C-3 Central Business District Amend SECTION 1500 PURPOSE AND INTENT, ADDITIONAL STANDARDS • Signage requirements subject to Article 21. Signage requirement in Historic District subject to HDC Guidelines #2 – Signage. Section 2.: Amend Article Twenty-One: Signs Amend SECTION 2103 EXEMPT SIGNS • B. Any sign wholly located within a building including window signs. Except signs in the Historic District that require Historic District Commission approval. See HDC Guidelines #2 – Signage for exempt signs within the Historic District. Section 3.: Severability. The provisions of this ordinance are hereby declared to be severable. If any clause, sentence, word, section, or provision is hereafter declared void or unenforceable for any reason by a court of competent jurisdiction, it shall not affect the remainder of this ordinance which shall continue in full force and effect. Section 4.: Effective Date; Publication. This Ordinance shall be effective ten (10) days after its enactment as provided in Section 4-3 of the City of Manistee Charter and seven (7) days after publication, whichever is later. The City Clerk shall cause a copy of this Ordinance to be published in a newspaper circulated in the city of Manistee, stating the date of the enactment and effective date of the Ordinance, a brief notice as to the subject matter of the Ordinance and such other facts as the City Clerk shall deem pertinent. A copy of the Ordinance shall be made available for public use and inspection at the office of the Manistee City Clerk. 1 Section 5.: Repealer. All ordinances or parts of ordinances in conflict herewith are hereby repealed. MADE, PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MANISTEE, MANISTEE COUNTY, MICHIGAN, THIS _____ DAY OF __________, 2023. ENACTMENT DATE: ____________________________ CERTIFICATION STATE OF MICHIGAN ) ) ss. COUNTY OF MANISTEE ) I, the undersigned, the duly qualified and acting Clerk of City of Manistee, do hereby certify that the foregoing is a true and complete copy of the Ordinance adopted by the Manistee City Council at a regular meeting held on the ___ day of ___________, 2023, the original of which is on file in my office. Public notice of said meeting was given pursuant to and in compliance with the Open Meetings Act, being Act No. 267, Public Acts of Michigan, 1976, as amended, including in the case of a special or rescheduled meeting notice by publication or posting at least eighteen (18) hours prior to the time set for the meeting. IN WITNESS WHEREOF, I have hereunto affixed my official signature this ____ day of __________, 2023. ____________________________________ Heather Pefley, City Clerk 2  Neighborhood Enterprise Zone (NEZ) The city of Manistee is exploring the idea of creating a Neighborhood Enterprise Zone (NEZ). These efforts are a result of the Rising Tide project and the Housing Action Plan accepted by city council. WHY WOULD A COMMUNITY WANT TO ESTABLISH A NEZ? A Neighborhood Enterprise Zone provides a tax incentive for the development and rehabilitation of residential housing and to spur the development and rehabilitation of residential housing in communities where it may not otherwise occur. A NEZ also promotes neighborhood revitalization, encourages owner occupied housing and new investment by lowering property taxes. High Level Overview: • The governing body of a local governmental unit by resolution may designate 1 or more neighborhood enterprise zones within that local governmental unit. • An NEZ shall contain not less than 10 platted parcels of land. All the land within a neighborhood enterprise zone shall also be compact and contiguous. Contiguity is not broken by a road, right-of-way, or property purchased or taken under condemnation if the purchased or condemned property was a single parcel prior to the sale or condemnation. • The total acreage of the shall not exceed 15% of the total acreage contained within the boundaries of the local governmental unit. • The proposed NEZ in Manistee contains a total of 292 acres in Maxwelltown and adjacent to the Maxwelltown area. This is well below the 15% cap for a zone. The proposed map enclosed. • NEZ Link: https://www.michigan.gov/taxes/property/exemptions/nez/neighborhood- enterprise-zone-nez-act Acton Needed: The Planning Commission is being asked to determine if an NEZ is consistent with our Master Plan.  NEIGHBORHOOD ENTERPRISE ZONE (NEZ) The Neighborhood Enterprise Zone (NEZ) Program was established 2. Written notice is provided to the assessor and to the governing by Public Act 147 of 1992, as amended. The program provides a tax body of each taxing unit not less than 60 days before passing the incentive for the development and rehabilitation of residential resolution designating a NEZ. housing. A qualified local unit of government may designate one 3. The governing body makes a finding that the proposed NEZ is or more areas as a NEZ within that local unit of government. The consistent with the master plan, neighborhood preservation and program was established to spur the development and rehabilitation economic development goals of the local governmental unit. of residential housing in communities where it may not otherwise 4. The governing body adopts a statement of the local unit of occur. The program also encourages owner-occupied housing and government’s goals, objectives and policies relative to the new investment in communities. maintenance, preservation, improvement and development of housing for all persons regardless of income level living within the Note: This document is offered as a general guide only and the proposed NEZ. legislation should be reviewed by local officials. 5. The governing body passes a housing inspection ordinance that, at a minimum, requires that before the sale of a unit in a new WHO IS ELIGIBLE? or rehabilitated facility for which a NEZ certificate is in effect, A qualified local unit of government, as defined under an inspection is made of the unit to determine compliance with Section 2 of the Obsolete Property Rehabilitation Act 2000 any local construction or safety codes and that a sale may not be PA 146, or a county seat. finalized until there is compliance with those local codes. 6. The governing body holds a public hearing not later than 45 days HOW DOES IT WORK? after the date the notice is sent but before acting upon resolution. A community will reduce the taxes on property for up to 15 7. Assessor determines and furnishes the governing body the amount of years in designated areas to promote the revitalization of those true cash value of the property located within the proposed NEZ and neighborhoods. Developers and owners must first seek approval for any other information considered necessary by the governing body. the NEZ benefits before starting a project. There are two different 8. The clerk of the governing body notifies the state tax commission of types of projects that can be undertaken in an NEZ: resolution passage, including a copy of the resolution and a listing • A rehabilitated facility is defined as an existing structure or a portion of each parcel located in the NEZ, showing parcel code numbers of an existing structure with a current true cash value of $80,000 or and addresses. less per unit that has or will have as its primary purpose residential housing consisting of 1–8 units. Owner/developer process for obtaining a NEZ certificate • A new facility is defined as a new structure or portion of a new 1. An owner or developer (or prospective owner or developer) of a structure that has as its primary purpose residential housing proposed new facility or proposing to rehab property in a NEZ consisting of one or two units, one of which will be owner occupied files an application for an NEZ certificate with the clerk of the local as a principal residence. This definition includes a new individual government. The application must be filed before a building permit condominium unit, in a structure with one or more condominium is issued for the new construction or rehabilitation of the facility, units, that has as its primary purpose residential housing which will unless they qualify for the exceptions provided for in Section 4 (2) be owner-occupied as a principal residence. Except when project of the Act. meets all of the following items, a new facility does not include 2. An owner/developer obtains a building permit and submits a copy apartments: to the local unit of government • Rented or leased or is available for rent or lease. 3. Upon project completion, the property owner must submit to the • A mixed-use building or located in a mixed use building that local unit of government the following: contains retail business space on street level floor. New Facility/Homestead Facility—certificate of occupancy and/ • Located in a qualified downtown district (Downtown Development or an affidavit executed by the owner affirming that the facility is Authority, Principal Shopping District or boundaries identified occupied by the owner as a principal residence. by the local government in an area zoned and primarily used for Rehabilitated Facility— an affidavit executed by the owner business). affirming that the facility is occupied by the owner as a principal residence, a certificate that the improvements have met the WHAT IS THE PROCESS? minimum cost requirements and the local building code standards Local government process to designate a NEZ issued by the local building inspector, and a certificate of 1. The governing body of a qualified local unit of government by occupancy if required by the local building permits or codes. resolution may designate one or more NEZs within that local 4. The local government will forward an application approved by governmental unit. The NEZ must contain, at a minimum, platted resolution and the appropriate documentation (building permit, parcels of land and the land must be compact and contiguous. resolution contractor estimates, legal description and parcel Minimum number of parcels and maximum percent of acreage number) to the state tax commission within 60 days of receiving it. vary depending on type of designation. ©2018 Michigan Economic Development Corporationsm 3560-160301 | 10.18  NEZ Tax 5. The State Tax Commission will issue a certificate to the applicant if • The NEZ tax is levied on NEZ certificate holders in place of ad it is determined that the facility complies with the NEZ program valorem real property taxes on the new or rehabilitated facility requirements within 60 days of receipt of the complete application (not on the land on which the facility is located). The property from local government. Copies of the certificate will be sent to the taxes levied on the land will continue to be collected as they would applicant, assessor’s office and each affected taxing unit. without the NEZ designation. • The NEZ tax is an annual tax payable at the same time, and in the Rehabilitation cost requirements same way, taxes under the general property tax act are collected. • Improvements, if done by a licensed contractor, are estimated at • Until paid, the NEZ tax is a lien on the real property upon which more than $5,000 per owner-occupied unit or 50 percent of the true the new facility or rehabilitated facility subject to the certificate cash value (whichever is less), or $7,500 per non-owner-occupied is located. unit or 50 percent of the true cash value (whichever is less). • School taxes are reimbursed by the state. • If the owner proposes improvements that would be done by the owner, the cost of the materials must be in excess of $3,000 per New facility property tax calculation owner-occupied unit or $4,500 per non-owner-occupied unit. • Financial Residence Property: Apply one-half of the previous year’s Improvements estimated by the owner should not include the cost state average principal residence millage rate to the value of the of labor. facility. • These improvements must bring the structure into conformance • Non-principal Residence Property: Apply one-half of the previous with minimum building code standards. A rehabilitated facility does year’s state average non-principal residence millage rate to the not include a facility rehabilitated with the proceeds of an insurance taxable value of the facility policy for property or casualty loss. • The NEZ tax on new construction attached to an existing facility will only apply to the addition. The rest of the facility will continue to be NEZ certificate assessed regular property taxes. • The NEZ certificate becomes effective December 31 of the year the new facility or rehabilitated facility is substantially completed and Rehabilitated facility tax calculation for a new facility occupied by an owner as a principal residence; • Apply the current total millage rate to the previous year’s taxable or if a new facility is substantially completed in a year but is not value of the rehabilitated portion of the facility (not including the occupied by an owner as a principal residence until the following land). year, upon the request of the owner, the effective date of the NEZ shall be December 31 in the year immediately preceding the date of WHY WOULD A COMMUNITY occupancy by the owner as a principal resident; or upon the request WANT TO ESTABLISH A NEZ? of the owner, the effective date of the NEZ for a rehabilitated facility A Neighborhood Enterprise Zone provides a tax incentive for shall be December 31 in the year immediately preceding the date on the development and rehabilitation of residential housing and to which the rehabilitated facility is substantially completed. spur the development and rehabilitation of residential housing in • Certificates are effective for up to 17 years, depending on the local communities where it may not otherwise occur. A NEZ also promotes government unit and the type of project. neighborhood revitalization, encourages owner occupied housing and • A certificate can be transferred to succeeding property owners new investment by lowering property taxes. within the 12 years provided that the new owner meets the NEZ requirements for the program. SUPPORTING STATUTE • A certificate expires if an owner fails to complete the filing within Neighborhood Enterprise Zone Act: Public Act 147 of 1992 two years after the certificate is issued. • A certificate is automatically revoked if any one of the following CONTACT INFORMATION exists: For more information, contact the Community Assistance Team » The new facility is no longer a homestead or residential facility. (CAT) specialist assigned to your territory or visit www miplace.org. » The NEZ tax is not paid or property tax is not paid. » The structure is not in compliance with local construction, building or safety codes. • Requests for certificate revocation must be made to the State Tax Commission. ©2018 Michigan Economic Development Corporationsm 3560-160301 | 10.18 Planning Commission Katie Mehl April 27, 2023 Manistee County Planner 395 3rd St. City of Manistee Planning Commission Members Manistee, MI 49660 70 Maple Street 231.723.6041 planning@manisteecountymi.gov Manistee, MI 49660 www.manisteemi.gov Dear Planning Commission Members, At the April Planning Commission meeting during staff updates, I had mentioned that at the last Zoning Board of Appeals meeting the request they heard sparked discussion about a potential amendment to the Zoning Ordinance relating to the use of a Hotel in the C-3 District. Currently, the Zoning Ordinance only requires parking for a few uses in the C-3 District, under the following regulation: “H. For all permitted uses and special uses in the C-3 District the parking provisions of this section shall not apply, except to hotels, motels, and residential use condominiums. Required parking shall be provided within two hundred (200) feet of the building. One (1) space shall be provided per dwelling unit. [Annotation: Item H was amended by Amendment Z17-07, effective 7/28/17]” The discussion of ZBA members was regarding the intent of this section of the ordinance, and if it should be applied to smaller hotels, or only hotels over a certain capacity. The Zoning Board of Appeals requested the Planning Commission investigate this regulation and its intent, to see if an amendment to the ordinance is warranted to exempt parking for smaller hotels, for example hotels with fewer than 10 rooms. The Planning Department has been working with the Village of Onekama on an amendment for what they are referring to as “Boutique Hotels” and are defining them as: “Hotel Boutique means a building or part of a building with a common entrance or entrances containing a maximum of nine (9) dwelling units or rooming units or both, in which one or more of the following special services are required: housekeeping service, linen service, telephone or front desk. A Boutique Hotel may include a restaurant, cocktail lounge, public banquet halls, ballrooms, meeting rooms and gathering places.” The reasoning for nine (9) units or rooms is because there are certain hotel taxes that come into play once a company has ten (10) units or rooms within their hotel establishment. I would also like to remind the Commission that the DDA is working on their Streetscape Plan, and part of that is a parking study conducted throughout downtown. The Commission should consider if this would influence the decision to pursue an amendment to exempt parking for smaller hotels within the C-3 District at this time.  Furthermore, a recent discussion with the City Attorney regarding the reference of residential use condominiums under subsection H. indicated above, has revealed this portion of the language needs amendment. The City Attorney has advised that parking should either be required for all residential units in the C-3 District or exempt for all residential units, regardless of being a condo. Lastly, I would like the Planning Commission to consider if we should canvass City Council by presenting these potential amendments prior to holding a public hearing or work session, to make sure they are on board before we put time and effort into composing language. This memo is to act as a starting point for the Commission to assess if parking requirements for hotels in the C-3 District is something that needs to be addressed within the Zoning Ordinance. If it is, I would ask for a motion to hold a work session prior to the next Planning Commission meeting to discuss the potential for an amendment, and/or to hold a public hearing at the June meeting to pursue either of the amendments discussed above. Sincerely, Katie Mehl Manistee County Planner City of Manistee Zoning Administrator Planning Commission Katie Mehl April 27, 2023 Manistee County Planner 395 3rd St. City of Manistee Planning Commission Members Manistee, MI 49660 70 Maple Street 231.723.6041 planning@manisteecountymi.gov Manistee, MI 49660 www.manisteemi.gov Dear Planning Commission Members, Dear Commission Members, As part of RRC Certification for the City of Manistee, the program has provided a “Board & Commission Training Strategy” which gives recommendations on how our community can further improve and implement training strategies. A large portion of this strategy recommended amendment to the Bylaws for each board and commission to incorporate training targets and a regular agenda item to discuss training attended by members. Following this memo, you will find a draft version of the Planning Commission Bylaws that incorporates the recommendations. If the Commission feels these amendments are appropriate, staff will review the draft version with the City Attorney and bring the document back for final approval at the next regular meeting. Please do not hesitate to contact me if you have any questions or concerns. Sincerely, Katie Mehl Manistee County Planner City of Manistee Zoning Administrator  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.  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.  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 By-Laws and Rules of Procedures Page 1  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 upon written request to the Secretary or by the Chairperson. 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. 1. The Chair of the Planning Commission shall announce that a public hearing will be conducted on a request. City of Manistee Planning Commission By-Laws and Rules of Procedures Page 2  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. h. Written correspondence received prior to the public hearing shall be provided to Commissioners and made available to the public (as required by MCL 125.3821 (3) and the Michigan Freedom of Information Act), but shall not be publicly read, unless determined otherwise by the Chair. 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 follows. The order of business shall be: Call to Order. Roll Call Approval of Agenda Conflicts of Interest Approval of Minutes Correspondence Presentation/Speaker Public Hearings Public Comment on Agenda related items New Business Old Business Public Comments and Communications Staff Reports Meetings and Trainings Attended by Members Members discussion Adjournment A written agenda for special meetings 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 Planning/ Zoning 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. City of Manistee Planning Commission By-Laws and Rules of Procedures Page 4  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 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 City of Manistee Planning Commission By-Laws and Rules of Procedures Page 5  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 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. ANNUAL REVIEW OF TRAINING GOALS The Commission shall annually review their training goals at the regularly scheduled meeting in January. The annual goal for each Commissioner is at least four (4) hours of relative training. 9. 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. I HEREBY CERTIFY that the above Bylaws were adopted the 1st day of July 2021. _______________________________________ NAME, Chair As Amended by the Planning Commission at their regularly scheduled meeting of July 1, 2021. [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] [Annotation: on January 3, 2013 the Planning Commission amended the first sentence of Section 3.5 Quorum as follows: 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.] Annotation: on January 3, 2013 the Planning Commission amended the second sentence of Section 6.2 Committees as follows: No more than 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 ____________________________________ City of Manistee Planning Commission By-Laws and Rules of Procedures Page 6 Date ____________________________________ Roger Zielinski, Mayor City of Manistee Planning Commission By-Laws and Rules of Procedures Page 7