Planning Commission

MANISTEE CITY PLANNING COMMISSION Meeting of Thursday, July 11, 2024 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 July 11, 2024, 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 June 6, 2024, Meeting Minutes. VI Correspondence Correspondence has been shared with the Planning Commission and will not be read aloud. VII Presentation/Speaker • Manistee County Community Foundation VIII 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 adjourn the meeting. (A limit of 5 mins to address Planning Commission). IX New Business • 294 Twelfth Street - Self Storage X Old Business • Master Plan • 91 Arthur – Lakeside Social • 77 Hancock – Tabernacle Church • 259 River Street – Milwaukee House • 21 Cypress – Scooby’s Snack Shack Page 1 of 2 XI Public Comments and Communications At this time the Chair will ask if there are any public comments. (5 mins to address Planning Commission). XII Staff/Board Reports • Community Development Director /Planning and Zoning - Theresa Waldo o Letter – Downtown businesses o By-Laws-Review o Michigan Planner Magazine • Historic District - Theresa Waldo XIII Members Discussion At this time, the Chair will ask members of the Planning Commission if they have any items they want to discuss. XIV Adjournment Page 2 of 2  PROCEEDINGS OF THE PLANNING COMMISSION – JUNE 6, 2024 A regular meeting of the City of Manistee Planning Commission was called to order by Chair Mark Wittlieff on Thursday, June 6, 2024, at 7:00 p.m. in the City Hall Council Chambers, 70 Maple Street followed by the Pledge of Allegiance. PRESENT: Robert Slawinski, Michael Szymanski, Pamela Weiner, Shelly Memberto, Marlene McBride, Roger Yoder, and Mark Wittlieff ABSENT: None ALSO PRESENT: Community Development Director – Theresa Waldo and Deputy Clerk – Lora Laurain APROVAL OF AGENDA MOTION by Szymanski, second by Slawinski to approve the agenda as presented. With a roll call vote this motion passed unanimously. AYES: Szymanski, Yoder, Weiner, Memberto, McBride, Slawinski, and Wittlieff NAYS: None CONFLICTS OF INTEREST None APPROVAL OF MINUTES MOTION by Yoder, second by McBride to approve the May 2, 2024, Planning Commission meeting minutes. With a roll call vote this motion passed unanimously. AYES: Szymanski, Yoder, Weiner, Memberto, McBride, Slawinski, and Wittlieff NAYS: None CORRESPONDENCE None PRESENTATION/SPEAKER • Jeff Mikula, DPW Director, presented information on Public Works projects in the City of Manistee and answered questions from Commission members. PUBLIC COMMENT ON AGENDA RELATED ITEMS None | Page 1  PROCEEDINGS OF THE PLANNING COMMISSION – JUNE 6, 2024 NEW BUSINESS • 427 Water Street – Prospective developer inquiring about the possibility of constructing individual rental units less than 500 sq ft. • 126 Franklin Street - Ashley Conger would like to open a daycare business and asked Commissioners about the possibility of waiving the Special Use Permit application $1,000 fee or creating a payment plan for the fee. OLD BUSINESS • Grant – Housing Readiness Incentive Grant Master Plan RFP bids received from: o McKenna – Jeff Keesler gave a company overview and vision synopsis. o Networks Northwest o Spicer Group o Williams and Works – Tanya DeOliveira gave a company overview and vision synopsis. MOTION by Yoder, second by Slawinski to engage in a contract with Williams and Works to develop the City of Manistee master plan. With a roll call vote this motion passed unanimously. AYES: Szymanski, Yoder, Weiner, Memberto, McBride, Slawinski, and Wittlieff NAYS: None • 95 Maple Street - Library project has not begun. • 457 River Street - The Outsider’s Certificate of Appropriateness has been approved by HDC. PUBLIC COMMENTS AND COMMUNICATIONS New Chamber of Commerce Economic Development Director Andrew Stafford introduced himself to the Commission and looks forward to working with the City of Manistee. STAFF/BOARD REPORTS Community Development Director /Planning and Zoning - Theresa Waldo • Permit List • Complaints • Speaker for July & August – Laura Hentzelman, Vogue Manager, and Andrew Stafford • Attended Piping Plover ribbon cutting Historic District – Theresa Waldo • Denied sign permit for Mathewson Upholstery | Page 2  PROCEEDINGS OF THE PLANNING COMMISSION – JUNE 6, 2024 MEMBERS DISCUSSION • Wittlieff thanked the News Advocate staff for attending. • Slawinski thanked Ms. Waldo for her work. • Szymanski inquired about the Gateway Project and Scooby’s sign. • McBride inquired about the old Oleson’s property. ADJOURN MOTION by Slawinski, second by Memberto to adjourn the meeting at 9:44 p.m. Lora Y Laurain, CMC / MiPMC Deputy Clerk | Page 3  As an ordinance two separate readings are required. If this ordinance is introduced at this time it could be adopted at the next regular meeting. At this time Council could take action to introduce Ordinance 24-08, repealing Chapter 1028 River Street Traffic Flow, Parking and Amenities. d.) CONSIDERATION OF APPROVING THE PROFESSIONAL SERVICES AGREEMENT FOR THE MASTER PLAN UPDATE. The City of Manistee will be updating its Master Plan as well as updating zoning to meet the new RRC criteria for housing. The City received a Michigan State Housing Developing Authority Housing Readiness Incentive Grant to complete the updates to the Master Plan, which will include adding language to support zoning regulation changes to remove obstacles for housing. A Request for Proposals was advertised for the Master Plan update, the Planning Commission reviewed the proposals received, and is recommending Williams & Works to complete the Master Plan update. At this time Council could take action to approve the professional service agreement with Williams & Works and authorize the Mayor and City Clerk to execute the agreement. e.) CONSIDERATION OF AN AD HOC LEGAL SERVICES REQUEST FOR PROPOSALS (RFP) COMMITTEE. The current Mika Meyers PLC agreement for general legal services was fully executed in August 2015 and the separate prosecution agreement with Mika Meyers PLC expired in 2021. The City would like to explore options and solicit proposals for legal services. The creation of a selection committee would be beneficial for this process. a. At this time Council could take action to establish an ad hoc Legal Services RFP Committee. If established: b. At this time Council could designate a member of Council to serve on the committee. IX. Notices, Communications, Announcements. a.) A REPORT FROM THE MANISTEE AREA CHAMBER OF COMMERCE, ECONOMIC DEVELOPMENT, AND DOWNTOWN DEVELOPMENT AUTHORITY. CITY COUNCIL AGEN1)A-JULY 2, 2024 PAGE 3  PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is entered into by and between the City of Manistee, of 70 Maple Street, Manistee, MI 49660, ( hereinafter Client"), and Williams & Works, Inc., of 549 Ottawa Ave., N. W., Grand Rapids, Michigan, 49503 ( hereinafter " Williams& Works"). SCOPE OF SERVICES. The Client hereby contracts with Williams & Works to perform the following described professional services, hereinafter collectively referred to as the Scope of Services, with regard to the Client' s Project as described or referred to herein: The City of Manistee Master Plan proposal dated May 10, 2024. The optional tasks that were decided upon include 1) an online community survey, 2) one ( 1) two hour workshop, and 3) materials for use for pop- up planning events that include a welcome board and up to three different activities that will be attended to by the client. Further, it is agreed that Williams & Works is not providing services pursuant to the Dodd- Frank Wall Street Reform and Consumer Protection Act, and the rules promulgated thereunder by the Securities and Exchange Commission, that are intended to be or considered to be advice or recommendations regarding financial products or the issuance of debt or securities. Client is responsible for contracting separately with a registered financial advisor to provide all services required by the Dodd- Frank Wall Street Reform and Consumer Protection Act and applicable SEC rules. WILLIAMS& WORKS' COMPENSATION. Williams& Works shall be paid for all services rendered on the following basis: Hourly plus expenses for a not- to- exceed fee of Thirty- three thousand Dollars($ 33, 000). CLIENT' S REPRESENTATIVE. The Client has designated Theresa Waldo, Community Development Director, as the official representative of the Client. As such, the Representative shall be responsible for executing any document pertaining to the Agreement or any amendment thereto, and for the approval of all change orders, addenda, and additional services to be performed by Williams& Works. TERMS AND CONDITIONS. Williams &Works' terms and conditions of contract, as included herewith, shall apply to all work performed by Williams & Works and to all obligations of the Client pursuant to this Agreement, unless otherwise specifically agreed in writing. ADDITIONAL PROVISIONS: The Client and Williams& Works mutually agree that the rights and obligations of the parties under this Agreement shall be further governed by Additional Provisions, if any are attached hereto, and that such Additional Provisions, together with the Terms and Conditions are intended by the Client and Williams& Works as a final expression and complete and exclusive statement of their agreement Additional Provisions: oN None Attachment ENTIRE AGREEMENT/ SEVERABILITY. . If any element of this Agreement is held to violate the law or a regulation, or whose insurability cannot be confirmed by Williams& Works, it shall be deemed void, and all remaining provisions shall continue in force. IN WITNESS WHEREOF, parties have made and executed this Agreement. they exf-4+I4 OI- M' 0 uS- c.( , WILLIA , & WOKS, IN. Al, 11 Signed: AX\ IYkI. I; Signed. NA, Name: Qrh(\ ai(W. & u((I\ idiA Name: Dan Whalen, P. E. Title: k tj Title: Execrive Signed: ` M(. t. 0\o_ cJ LV Signed: Al A . 4 / . io Name: { ,( 4f(t-i Name: Nathan Mehmed, AICP Title: Qr-( L Title: Executive Date Signed: 1 2. 2O2u Date Signed: 6/ 18/ 2024 TERMS AND CONDITIONS The following terms and conditions shall be a part of the Williams & Works contractual undertaking to perform professional services and Williams & Works' undertaking to perform such services and to enter into this Agreement is expressly conditioned on Client' s assent to such Terms and Conditions, notwithstanding any additional or conflicting Terms and Conditions of Client, which are expressly objected to and rejected by Williams & Works. Where a client issues a purchase order to authorize Williams & Works' undertaking to perform professional services, that undertaking will be governed solely by the Terms and Conditions and Additional Provisions, if any, of this Agreement. 1. PERFORMANCE. Williams & Works shall exercise the normal standard of care and diligence in performing the professional services explicitly described in this contract as normally employed by other professionals performing the same or similar services, but Williams & Works makes no warranty, express or implied, with respect to any services performed hereunder. Williams & Works shall not be liable for any claim, damage, cost or expense including attorney fees) or other liability or loss not directly caused by the negligent acts, errors or omissions of Williams& Works. 2. AMENDMENT/ MODIFICATION. Additional services, modifications or amendments of this agreement shall only be authorized in writing signed by the Client and Williams & Works. All such additional services shall nevertheless be performed by Williams& Works subject to these Terms and Conditions. 3. SUBCONTRACTORS. Williams& Works may engage subcontractors on behalf of the Client to perform a portion of the services to be provided by Williams& Works hereunder. 4. TERMINATION. This Agreement may be terminated by either party upon fourteen ( 14) days' prior written notice. In the event of termination, Williams & Works shall be paid up to the effective date of termination for all services rendered by it, and all drawings or other documents prepared by Williams & Works shall remain the property of Williams & Works and not be delivered to Client until all moneys owed to Williams & Works by Client ( whether or not such moneys have then become due and payable) have been paid. Williams & Works assumes no liability for the use of drawings and other documents delivered to the Client under this clause, unless specifically agreed to in writing. 5. PAYMENT. Williams & Works shall bill for services rendered and reimbursable costs incurred on a periodic basis. Each invoice shall be due and payable within fifteen ( 15) days of the presentation of the invoice. Invoices over thirty 30) days past due will be charged monthly interest at the rate of seven percent ( 7%) per annum on the unpaid balance or the highest lawful rate, whichever is less. The Client hereby waives any defense of usury with regard to said rate of interest. Williams& Works may, after seven ( 7) days' written notice to Client, suspend performance of services until all past due amounts are paid. 6. DISPUTE RESOLUTION. Any dispute arising pursuant to any contract to which these Terms and Conditions apply shall be initially submitted to non- binding mediation, unless the parties agree otherwise. Should a dispute not be resolved by mediation, the laws of the State of Michigan will govern the validity of this Agreement, its interpretation and performance. In the event of litigation arising from, or related to, this Agreement, the prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorneys' fees and other related expenses. 7. INSURANCE. Upon request, Williams& Works will furnish the Client with a written description of insurance coverages being maintained by Williams & Works which may be related to Williams & Works' performance of services hereunder. No oral representations regarding insurance shall be binding upon Williams & Works. 8. COST ESTIMATES. Since Williams & Works has no control over the cost of labor and materials or over competitive bidding and/ or market conditions, any estimates of equipment, construction or operating costs will be made on the basis of Williams & Works' experience, but Williams & Works does not warrant the accuracy of such estimates as compared to contractors' bids or actual costs incurred. 9. INDEMNITY. Subject to any limitations stated in this Agreement, to the extent allowed by law, the Williams & Works will indemnify and hold harmless the Client, its officers, directors, employees and subcontractors from and against all claims and actions including reasonable attorney' s fees, arising out of damages or injuries to persons or tangible property caused by a professionally negligent act, error or omission of Williams & Works or any of its agents, subcontractors or employees in the performance of services under this contract. Williams & Works will not be responsible for any  TERMS AND CONDITIONS( continued) portion of loss, damage or liability arising from any contributing negligent acts by the Client, its subcontractors, agents, staff or consultants. The Client will indemnify and hold harmless Williams & Works, its employees, officers, directors and subcontractors from and against all claims and actions, to the extent allowed by law, including attorney fees, arising out of or related to damages or injuries to persons or property related or connected to the acts of the Client or any of its agents, subcontractors and/ or employees. 10. SITE ACCESS AND SECURITY. Client shall obtain authorization for entry and use of land as necessary for Williams & Works to perform Client shall be solely responsible for any claims arising from the disturbance of its Services. surface or subsurface lands or waters caused by the performance of any of Williams & Works' services, except for such damage as caused by the sole negligence of Williams & Works. 11. UNDERGROUND STRUCTURES OR UTILITIES. In the performance of its services, Williams& Works will take reasonable care and precautions to avoid damage to underground structures or utilities. Client agrees, to the extent allowed by law, to indemnify, protect and hold harmless Williams & Works from and against all liability, claims, demands, losses, expenses and costs ( including attorney' s fees) for and damage to or consequential loss from damage to any underground structures or utilities which are not called to Williams & Works' attention or which are not currently shown on plans furnished to Williams& Works, except for such damage as caused by the sole negligence of Williams Works. 12. SITE CONDITIONS. The Client recognizes that the presence of hazardous materials or pollution on or beneath the surface of a site may create risks and liabilities. Williams & Works has neither created nor contributed to this pollution. Consequently, the Client recognizes and hereby acknowledges that this Agreement accordingly limits Williams & Works' liability. 13. WAIVER. No waiver, discharge, or renunciation of any claim of right of Williams& Works arising out of breach of this Agreement by Client shall be effective unless in writing signed by Williams & Works and supported by separate consideration. 14. GOVERNING LAW. This Agreement shall be deemed to have been made in Kent County, Michigan, and shall be governed by, and construed in accordance with the laws of the State of Michigan, existing at the time of the making of this Agreement. 15. SHOP DRAWINGS. If shop drawing review is provided under this Agreement, Williams& Works will check and review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of materials and equipment, and all other data which the Contractor is required to submit, only for conformance with the design concept of the Project and compliance with the information given by the construction Contract Documents. 16. DOCUMENTS. All project documents, drawings, files, working papers or other materials, whether written or electronic, prepared, orfurnished to the Client by Williams & Works under this Agreement are intended for the specific purposes of this Agreement only. Any reuse of said documents, drawings, files, working papers or other materials after they have left the custody of Williams& Works shall be at the user' s sole risk without liability to, or cause of action against, Williams & Works. 17. CONSTRUCTION PHASE SERVICES. When authorized to provide construction observation or construction management services, Works' liability with regard to the compliance of construction to Construction Documents Williams & prepared by Williams& Works shall be only as expressly described in the Scope of Services. 18. FEDERAL/ LOCAL RIGHT TO KNOW COMPLIANCE. In compliance with the Federal Hazard Communication Standards and applicable local laws or ordinances, the Client shall provide Williams& Works with a list of hazardous substances in the work place to which Williams & Works employees or subcontractors may be exposed in performance of the Services to be provided under this Agreement. The Client shall also provide a listing of protective measures in case exposure to said hazardous substances occurs. 19. THIRD PARTY RIGHTS. Except as specifically stated in this Agreement, this Agreement does not create any rights or benefits to parties other than the Client and Williams& Works. 20. LIMITATION OF LIABILITY. The Client agrees that the liability of Williams & Works under this Agreement for Client' s damages is limited to the greater of One Hundred Thousand Dollars($ 100, 000. 00) or the amount of this Agreement.  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 request to the Secretary or by the Chairperson. 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. 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 Page 3 By- Laws and Rules of Procedures  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 ofinterest 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 orJ' the 4th dayf May rk Wittli4ff, Ch 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.] Annotation: on May 4, 2023 the Planning Commission amended section 3. 9 to add Conflicts of Interest, Correspondence, Presentation/ Speaker and Meetings and Trainings Attended by Members, added section 8. ANNUAL REVIEW OF TRAINING GOALS and renumbered 9. Amendments] City of Manistee Planning Commission By -Laws and Rules of Procedures Page 6 Approved by the City of Manistee Council June 6, 2023 Date Jer sine Sullivan, ayor City of Manistee Planning Commission By- Laws and Rules of Procedures Page 7