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HomeMy WebLinkAboutPlanning Commission Resolution 647-01 . . . MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 647-01 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ADOPTING REVISED BYLAWS FOR THE MOUNDS VIEW 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 annual review of these bylaws; and, WHEREAS, the Planning and Zoning Commission has conducted its year 2001 review of its bylaws and has determined that minor 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" supersede 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 Community Development Department, and shall be forwarded to the City Council for its acceptance, BE IT FINALL Y RESOLVED that the Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 21 st day of February, 200 I. 1 j=f}-- >> C)~,/J-~~v-~'y\' Gary Stevenson;Chairperson Attest: . '-.'. \ ~ "_'C\"'VV\..L.-~ (-I~~\S-t-""- James Ericson, Community Development Director :\ :\D.-\T AGROlTPS,.cO;>.1DEV'PL\:\CO;>.[;>.[ '111'1 ,A \\'S\I'C RESOLCTTON 647-01_ DOC . . . EXHIBIT A Resolution 647-01 CITY OF MOUNDS VIEW PLANNING AND ZONING COMMISSION BYLAWS (Revised February 21, 20(1) 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 conDict bet\yeen the provisions of the Bylaws and the proyisions 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. ADOP1'lON AND AI\lfl~NDMRNT: The Bylmvs shall be adopted by Resolution by '"1 affirmatiye yote 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. REHKW: The Bylaws shall be revieVv-ed on an annual basis at the orst regular meeting of the Commission in February. JIJ_ MEMBERSHIP AND V ACANClES Vacancies on the Planning Commission shall be filled in accordance with the MW1icipal Code, Sections 401.02 and 401.03_ IV. OFFICERS A. ()Fl~lCERS NAMli-D: 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, or his or her designee, shall act as the recording secretary for the CommIssion for purpose of preparing meeting minutes. B. HI,H_'110NS: T1:-7?MS I. Chairperson: At the orst meeting in January, the Commission shall conduct an election in order to make its recommendation for the chairperson, following the procedure in Section IV.B.3. The name of the person recommended for chairperson shall be fOf\\arded to the City Council for action at its next meeting in January. 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. 2. Vice-Chairperson: The Planning Commission shall elect a vice-chairperson each year at its orst meeting in January, follo\ving the procedure in Section IY.B.3. . . . City of Mounds Vicw Planning and Zoning Commission - Bylaws Pagc 2 3. Election Procedure: For each orfice. the chairperson shall invite nominations rrom 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 or 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, II' a majority or the members present vote in the affirmative ror 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 or 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 DUllE~' OF- ()FNCI~RS: The chairperson shall preside over the meetings of the Planning Commission, and shall have the authority to add or cancel 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_ In the event of the absence of both the chairperson and vice-chairperson. those members present shall elect a temporary chairperson to preside over the meeting. V_ 1IIJIIIIIillllieilllliil'll~jl!l).;: The City Council $b.~l. 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 or the absence or 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 \vill be considering the planning cases acted upon by the Planning Commission in the absence of the Council Liaison, VI. MEETINGS A. TYPI~~~' OFMLEllNGS: SCHEDUU;;: The annual meeting schedule orthe Commission shall be adopted by Resolution at the first regular meeting in December [or the follow'ing year. 1_ Regular Meetings: Subject to the adopted meeting schedule, the Commission's regular meetings will occur on the first and third Wednesdays of each month for the purpose of convenmg public hearings, making recommendations to the City Council, conducting business which requires a vote or the CommisSIOn, cOI1\'ening as the Board or Adjustment and Appeals, conducting long-range planning functions and other official business_ . . . City of Mounds View , Planning and Zoning CommissiOli - Bylaws I Page 3 2_ Agenda Sessions: An Agenda Session is an informal session of the Planning Commission, typically held immediately following adjournment of a Regular or Special meeting, at which time the Planning Commission may review minutes, informally review proposed or pending planning cases or ordinance amendments, discuss previous actions of the City Councilor other Commissions, and to perform other matters not requiring a vote of the Commission, 3_ Special Meetings: From time to time, special meetings may be called in order to process significant caseloads, to review works in progress such as comprehensive plan updates or municipal code revisions, or to undertake a retreat or strategic planning session, either amongst itself or in the company of the City Councilor other commissions, Special meetings can be proposed by any Commission member or at the request of the Director of Community Deve]opment, yet must be approved by a majority vote of the Commission. . ... ....... 4\ ]['etg~ri.~v$I~~i"~~tihg~; Emergency special meetings can be called via vvritten notice to the Director of Community Development by the Chairperson or two Commission members, or by the Director of Community Development (Emergency special meetings are those in which the subject matter is of such an immediate concern that it cannot be delayed until the next regular meeting of the Planning Commission.) The Director of Community Development shall post and mail a notice of any special meeting in accordance with State Statutes, Planning Commission members shall be notified by telephone and in \'vTiting, if possible, at least seven days prior to a special meeting. Cancellation of Meetings: Regular or special meetings may be canceled by the chairperson or Community Development Director in the event that there are no items of business requiring the attention of the Commission, or for lack of a quorum, or in response to inclement weather or for any other good and sufficient reason_ 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. ('ONDl1CT OFMF-El1NG,'-.,'; ADJOURNll,/fENT I. 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 meetmg chair [rom 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. Statutes 471.7(5). . . . City of Mounds View Planning and Zoning Commission - Bylaws Page 4 3, Adjournment: Meetings shall adjourn at or before 11 :00 p_rn. 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_ MINun~'s: Minutes shall be recorded for regu]ar meetings and each commission member shall receive a copy of the unapproved minutes for review and approval at a succeeding 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 Community Development Department. Unapproved minutes shall be clearly marked "DRAFT"; approved minutes shall be marked "APPROVED". A policy statement regarding the content and format of the minutes shall be on file with the Director of Community Development which may be reviewed from time to time as needed. VI. INFORMA TIONAL PACKETS: Each Commissioner shall receive a staff report, plans and additional information, as appropriate, for each item placed on the agenda for any regular or special meeting. The Commission packet should be delivered at least four days prior to the meeting_ Each Commissioner is responsible for reviewing the material ",-jthin 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 \'vell as other materials provided by the City Councilor City Stafr 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 AITENDANCV 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 \vithout the consent o[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. ('ONli7JCT OF INTf'REST: 1_ General Standard: No Commissioner shall be appointed with private or persona] interests likely to conl1ict with the general public interest. If any person appointed to the Commission shall find that their private or personal interests are involved in any . . . Cil~ or Mounds Vic\\< Planning and Zoning Commission - By1m\ s ATTEST: Pagc 5 matter coming before the Commission. they shall disquali1\' themselyes from taking part in al1~- discussion or action on the matter: alternatiyely. they may be disqualified by a t"o-thirds (2/3) m~~iority Yote of the Commissioners in attendance. .., Conflict Due to Economic Interests: A Commissioner has a conflict of interest if: in his or her discharge of official duties, \yould be required to take an action or make a decision that \,"ould substantially affect the Commissioner's financial interests or those of an associated business, unless the etTect on the Commissioner is no greater than on other members of the Commissioner's business classification, profession, or occupation_ In the eyent a conflict of interest exists \vith respect to a particular matter before the Commission, the Commissioner shall disqualify himself or herself from taking part in any discussion or action on the matter. c. EXPARJ'f,' C()NT..'I("l~Y: E:x parte contacts are contacts bet"een indiyiduals seeking to intluence the decisions of the Planning Commission and indiyidual Commission members outside the meeting forum. Such contacts include meetings "ith project proponents, residents. property owners. and citizens separate from Commission meetings. communication bet,,-een Commission members outside the meeting lorum. telephone calls or letters which attempt to inl1uence a Commissioner's opinion on a matter "hich will be subject to the Commissioner's vote. When the Planning Commission is inyolyed 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 ensure a fair hearing lor all parties. In all other cases, Planning Commissioners should discourage such contacts and should ayoid e:xpressing any opinion as to the merits of the case. When ex parte contacts occur. the Planning Commissioner is responsible for notif\ing the Community Deyelopment Director, and for comeying the substance of the communication at the next commission meeting at "hich the matter discussed is under consideration. / U . -t:=y;-:.--:::- ~// / L.v1.';'1:-~--"- ,.-1./ ~~ Gary Sterenson:~hairperson ,.1 (4..-1 Y'\....Q.../.:'> <2. ..Q.._.._/~ C""-' James Ericson. Community Development Director . ........ .Re\'isionJlislory: :\: D_\TX.GRUIIPS ( '( lMDJ-:\- PI ,,\Ncnr-.lr-.l\Ll YLA WSIllYL \ \\-S ~()() 1 .. \\Tl'll l:I-IX,CiFSJ)()('