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HomeMy WebLinkAboutPlanning Commission Resolution 498-97 . . . MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 498-97 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ADOPTING REVISED BYLAWS FOR THE PLANNING AND ZONING . COMMISSION WHEREAS, Section 401.06, Subd. 7 of the Mounds View Municipal Code requires the Planning and Zoning Commission to adopt bylaws for its governance and for the transaction of its business, and for the annual review of these bylaws; and, WHEREAS, the Planning and Zoning Commission has conducted its 1997 review of its bylaws and has determined that revisions are needed. NOW, THEREFORE, BE IT RESOLVED that the bylaws for the Planning and Zoning Commission shall be revised as shown in "Exhibit A", attached hereto and incorporated herein by this reference, and that the bylaws as shown in "Exhibit A" supercede previous adopted versions of the bylaws. BE IT FURTHER RESOLVED that these revised bylaws shall be kept on file with the City Clerk-Administrator and the Department of Community Development, and shall be forwarded to the City Council for acceptance. . Adopted this 5th day of March, 1997 Jerry pl::;( c~ ATTEST: _~~ t1~~ Pamela Sheldon, Community Development Director (SEAL) N:\DAT A\USERS\PAMS\SHARE\PLANCOMM\BYLA W.RES . . . CITY OF MOUNDS VIEW PLANNING AND ZONING COMMISSION BYLAWS (Revised as of March 5, 1997) I. AUTHORITY: The Bylaws of the Mounds View Planning and Zoning Commission (Bylaws) are established in accordance with the Mounds View Municipal Code Section 401.06. Subd. 7 "The Commission shall adopt bylaws for its governance and for the transaction of its business." Where there is a conflict between the provisions of the Bylaws and the provisions of the City Charter and the Municipal Code, the provisions of the City Charter and the Municipal Code shall govern. (For purposes of simplicity, the Planning and Zoning Commission may hereinafter be referred to as the Planning Commission or the Commission.) II. ADOPTION OF BYLAWS; REVIEW AND AMENDMENT: A. ADOPTION AND AMENDMENT: The Bylaws shall be adopted by Resolution by an affirmative vote of the majority of members of the Planning and Zoning Commission appointed as voting members, and shall be placed on file with the City Clerk- Administrator and the Community Development Department. A copy of the bylaws shall be forwarded to the City Council for its information. Any amendments to the Bylaws shall be adopted by Resolution in the same manner as the original Bylaws. B. ANNUAL REVIEW: The Bylaws shall be reviewed on an annual basis at the first regular meeting of the Commission in February. III. MEMBERSHIP AND VACANCIES Vacancies on the Planning Commission shall be filled in accordance with the Municipal Code, Section 401.03. The City Council shall refer applications for Planning Commission appointments to the Planning Commission for recommendations prior to taking action to fill vacanCIes. IV. OFFICERS A. OFFICERS NAMED: The officers of the Planning Commission shall consist of a chairperson and vice-chairperson. The Commission may create and fill such other offices from its members, as it may determine, to transact Commission business. In addition, the Director of Community Development shall act as the recording secretary for the Commission for purpose of preparing meeting minutes, or shall appoint a staff member to perform this duty. B. ELECTIONS; TERMS 1. Chairperson: Based upon the recommendation of the Planning Commission, the Mayor, with the approval of the City Council, shall appoint the chairperson of the Commission each year. At the first meeting in December, the Commission shall conduct an election in order to make its recommendation for the chairperson, following the procedure in . . . City of Mounds View Planning and Zoning Conunission - Bylaws March 5,1997 Page 2 Section IV.B.3. The name of the person recommended for chairperson shall be forwarded to the City Council for action at its first meeting in January. 2. Vice-Chairperson: The Planning Commission shall elect a vice-chairperson each year at its first meeting in January, following the procedure in Section IV.B.3. 3. Election Procedure: For each office, the chairperson shall invite nominations from Planning Commission members. After nominations have been received, the chairperson shall entertain a motion to close nominations. If such motion is made and passed, and more than one nomination has been made, the chairperson shall distribute ballots to the Commission members and each member shall write his or her selection on the ballot. The recording secretary shall tally the ballots and announce the nominee receiving the most votes. In the event of a tie, the recording secretary shall announce the nominees tied in the voting and balloting shall be repeated until an election occurs. If only one nomination has been received, the chairperson may conduct the voting by voice vote. If a majority of the members present vote in the affirmative for the nominee, the nominee shall be elected. 4. Assumption of Duties: The Chairperson and Vice Chairperson shall assume office at the first meeting in February of each year. 5. Term of Office: The chairperson and vice chairperson shall serve one year terms, and may be re-elected to additional terms in accordance with this Section IV.B. c. DUTIES OF OFFICERS: The chairperson shall preside over the meetings of the Planning Commission, and shall have the authority to add or cancel agenda review meetings or regular meetings, and to call special meetings as provided in Section VI. The vice chairperson shall assume the duties of the chairperson, in the absence of the chairperson V. LIAISON TO COUNCIL: The City Council shall appoint from among its members a Liaison to the Commission on an annual basis. It is expected that the Council Liaison will attend the Commission meetings on a regular basis. In the event of the absence of the Council Liaison at a Commission meeting, a Commission member may be appointed by the chairperson to represent the Planning Commission at the next regular City Council meeting or at the meeting where the City Council will be considering the planning cases acted upon by the Planning Commission in the absence of the Council Liaison. VI. MEETINGS A. TYPES OF MEETINGS; SCHEDULE: The meetings of the Commission shall be held on the first and third Wednesday of each month, with the annual schedule of meetings for the following year to be adopted by Resolution at the first meeting in December. 1. Regular Meetings: The first Wednesday of the month shall be a regular business meeting for the purpose of convening public hearings, making recommendations to the . City of Mounds View Planning and Zoning Commission - Bylaws March 5, 1997 Page 3 City Council, and conducting business which requires a vote of the Commission, convening as the Board of Adjustment and Appeals, and other official business. 2. Agenda Review Meetings: The third Wednesday of the month shall be an agenda review meeting for an informational review of planning applications proposed for action at the regular business meeting in the following month, conducting site plan reviews, examining proposed ordinance amendments, discussing long range planning issues and studies, and other matters not requiring a vote of the Commission. The Commission may call to order at agenda review meetings to take action if noticed on the agenda for the agenda review meeting. 3. Special Meetings: Special meetings may be called by the chairperson or by any two members of the Commission by a written notice filed with the City Clerk- Administrator, who shall then post and mail a notice of the meeting in accordance with State Statutes. Planning Commission members shall be notified by telephone and in writing at least seven days prior to a special meeting. . 4. Cancellation of Meetings: Regular or agenda review meetings may be canceled by the chairperson for good and sufficient reasons, or in the event there are no items of business requiring the attention of the Commission, lack of a quorum, or weather conditions by the Community Development Director. Members of the Commission shall be notified by telephone of any meeting cancellation. A notice of the meeting cancellation shall be posted as required by State Statutes. B. QUORUM: A majority of the number of voting members appointed to the Commission shall constitute a quorum. C. CONDUCT OF MEETINGS; ADJOURNMENT 1. Meeting Chairperson: If neither the chairperson nor the vice chairperson is present to conduct a meeting of the Planning Commission, the Planning Commission may elect a meeting chair from among those members present prior to the commencement of business. The election shall follow the procedures set forth in Section IV.B.3, except that the Community Development Director, or his or her designee, shall conduct the election. 2. Open Meeting Law: Meetings shall be conducted in accordance with the State of Minnesota Open Meeting Law (Minn. Statutues 471.705). . 3. Adjournment: Meetings shall adjoum at or before 11 :00 p.m. unless a two-thirds majority of the members present agree to extend the time of adjournment. If there is no objection, the Chairperson may declare the meeting adjourned without the necessity of a motion or vote by the Commission. D. MINUTES: Minutes shall be prepared for regular meetings and each commission member shall receive a copy of the unapproved minutes for review and approval at a succeeding . . . City of Mounds View Planning and Zoning Conunission - Bylaws March 5, 1997 Page 4 meeting. Minutes shall be approved by motion. Approved minutes shall be the official record of the business conducted and actions taken by the Planning Commission. Commission members may request copies of approved minutes after they have been corrected, if necessary, and signed as approved. Copies of the approved minutes shall be filed with the City Clerk-Administrator and in the Community Development Department. Minutes shall be clearly marked "UNAPPROVED" or "APPROVED". The minutes shall state the following: 1. type of meeting, whether agenda review, regular, or special 2. date, time and place of the meeting 3. time meeting called to order 4. roll call of members present, and whether absent members are excused or unexcused 5. corrections to and approval of any previous minutes and the vote taken, except that minor grammatical and typographical corrections need not be noted 6. for each planning case on the agenda: a. case number, project name and address, brief description of the request, and name and address of the applicant b. summary of the request c. summary of any previous action d. summary of the staff review e. summary of statements made by the applicant, particularly concessions or agreements made by the applicant f summary of comments made by each person testifying, with the name and address of the person noted 7. for any motions made: a accurate as possible statement of motion b. name of Commission members making and seconding motion c. vote on each motion as to number of ayes, nays and abstentions d. reasons for each nay vote or abstention e. whether motion carried or failed 8. specific concerns addressed to the chairperson for inclusion in the minutes 9. reports by staff 10. reports by Commission chairperson and members 11. if the minutes are for a regular meeting, date, time, place and attendance at the preceding agenda review meeting 12. time of adjournment 13. signature of chairperson and recording secretary . City of Mounds View Planning and Zoning Conunission - Bylaws March 5,1997 Page 5 VI. INFORMATIONAL PACKETS: Each Commissioner shall receive a staff report, plans and additional information, as appropriate, for each item placed on the agenda at both the agenda review meeting and the regular meeting. The Commission packet shall be delivered at least four days prior to the meeting. Each Commissioner is responsible for reviewing the material within the packet prior to the meeting. VII. PROFESSIONAL CONSULTANTS: Advice from, consultation with, and/or requests for review by the City Attorney, City Engineer, City Planning Agency, or other paid consultants shall be in accordance with the Municipal Code, Section 401.07. VIII. SUPPLEMENTARY PUBLICATIONS: All Commission members shall receive a copy of the ; Mounds View Municipal Code and a copy of the Municipal Comprehensive Plan as well as other materials as provided by the City Councilor City Staff These materials shall be retained by each commission member and returned to the Community Development Director upon the member's resignation or termination of appointment. IX. CONDUCT OF MEMBERS . A. ATTENDANCE: Commission members shall advise the designated Staff member or the Commission chairperson of an anticipated absence from any regularly scheduled Planning Commission meeting. Any member attending less than 20 meetings per year without the consent of the Commission shall be deemed to have vacated the office, and such vacancy shall be filled by the City Council pursuant to Section 401.03, Subd. 1. A leave of absence may be granted by the consent of the Commission. B. CONFLICT OF INTEREST: 1. General Standard: No Commissioner shall be appointed with private or personal interests likely to conflict with the general public interest. If any person appointed to the Commission shall find that their private or personal interests are involved in any matter coming before the Commission, they shall disqualify themselves from taking part in any discussion or action on the matter; alternatively, they may be disqualified by a two-thirds (2/3) majority vote of the Commissioners in attendance. 2. Conflict Due to Economic Interests: A Commissioner has a conflict of interest if, in his or her discharge of official duties, would be required to take an action or make a decision that would substantially affect the Commissioner's financial interests or those of an associated business, unless the effect on the Commissioner is no greater than on other members of the Commissioner's business classification, profession, or occupation. In the event a conflict of interest exists with respect to a particular matter before the Commission, the Commissioner shall disqualify themselves from taking part in any discussion or action on the matter. . C. EX PARTE CONTACTS: Ex parte contacts are contacts between individuals seeking to influence the decisions of the Planning Commission and individual Commission members outside the meeting forum. Such contacts include meetings with project proponents, . . . City of Mounds View Planning and Zoning Conunission - Bylaws March 5, 1997 Page 6 residents, property owners, and citizens separate from Commission meetings, communication between Commission members outside the meeting forum, telephone calls or letters which attempt to influence a Commissioner's opinion on a matter which will be subject to the Commissioner's vote. When the Planning Commission is involved in a matter which is to be heard and decided by the Commission (e.g. variances), Planning Commissioners shall indicate to the person contacting them that such contact is inappropriate and all testimony needs to be offered at the hearing to insure a fair hearing for all parties. In all other cases, Planning Commissioners should discourage such contacts and should avoid expressing any opinion as to the merits of the case. When ex parte contacts occur, the Planning Commissioner is responsible for notifying the Community Development Director, and for conveying the substance of the communication at the next commission meeting at which the matter discussed is under consideration. Approved by the Planning Commission by Resolution No. 498-97 Date: March 5, 1997 Jerrypereb~ ATTEST: .(tl"rt~ J;t\AJAl~ Pamela Sheldon, Community Development Director N:\DAT A\USERS\PAMS\SHARE\PLANCOMM\PCBYLAWS.97