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CITY OF MOUNDS VIEW
PLANNING AND ZONING COMMISSION BYLAWS
(Revised January 24, 2007)
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, Sections 401.02 and 401.03.
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, or his or her
designee, shall act as the recording secretary for the Commission for purpose
of preparing meeting minutes.
City of Mounds View
Planning and Zoning Commission - Bylaws Page 2
B. ELECTIONS; TERMS
1. Chairperson: At the first 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 forwarded 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 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 regular
meetings and to call special meetings as provided in Section VI. The Chair
shall have the authority to redirect public comment unrelated to the
Commission’s business to the most appropriate City commission or to the City
Council. 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.
City of Mounds View
Planning and Zoning Commission - Bylaws Page 3
V. COUNCIL LIAISON: The City Council may 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 annual meeting schedule of the
Commission shall be adopted by Resolution at the first regular meeting in
December for the following 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 convening public hearings, making
recommendations to the City Council, conducting business which requires a
vote of the Commission, convening as the Board of Adjustment and Appeals,
conducting long-range planning functions and other official business.
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 Council or 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 Council or other commissions. Special meetings can be proposed
by any Commission member or at the request of the Director of Community
Development, yet must be approved by a majority vote of the Commission.
4. Emergency Special Meetings. Emergency special meetings can be called
via written 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
City of Mounds View
Planning and Zoning Commission - Bylaws Page 4
in accordance with State Statutes. Planning Commission members shall be
notified by telephone and in writing, if possible, at least seven days prior to a
special meeting.
5. 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. 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. Statutes 471.705).
3. Adjournment: Meetings shall adjourn 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 recorded for regular 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.
City of Mounds View
Planning and Zoning Commission - Bylaws Page 5
VII. INFORMATIONAL 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 within the packet prior to the meeting.
VIII. 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.
IX. 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 provided by the City Council or 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.
X. 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 absent from
three consecutive regularly scheduled meetings or more than six regularly
scheduled 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 himself or herself 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, 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 ensure 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.
_______________________________________
Gary Stevenson, Chairperson
ATTEST:
_______________________________________
Ken Roberts, Community Development Director
Revision History:
January 24, 2007
September 1, 2004
February 21, 2001
February 2, 2000
March 5, 1997
February 3, 1993
October 1990
Item No: 3B
Meeting Date: January 6, 2016
Type of Business: Election of Officers
City of Mounds View Staff Report
To: Mounds View Planning Commission
From: James Ericson, City Administrator
Item Title/Subject: Election of Officers
According to the Bylaws, the Planning Commission is to hold an election of officers at the
first meeting of each year. There are two officer positions, the Chair and the Vice Chair.
Gary Stevenson has been serving as the Chair and Paul Schiltgen has been serving as the
Vice-Chair. There are no “term limits” to either position and no pre-requisites in serving
other than some experience on the Commission, basic knowledge of Robert’s Rules of
Order, and the willingness to assume the position.
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.
The name of the person recommended for chairperson shall be forwarded 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.
Sincerely,
____________________
James Ericson
City Administrator
PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Regular Meeting
December 16, 2015
Mounds View City Hall
2401 County Road 10, Mounds View, MN 55112
______________________________________________________________________________
1. Call to Order
The meeting was called to order by Chair Stevenson at 7:00 p.m. for December 16, 2015.
______________________________________________________________________________
2. Roll Call
Members Present: Commissioners Kieffer, Klander, Love, Rundle, Schiltgen, and Stevenson.
Absent and Excused: Commissioner Elofson.
Also Present: City Administrator Jim Ericson and Council Member Gary Meehlhause.
______________________________________________________________________________
Index to Minutes Page
Approval of Minutes 1
ZC2015-001 Rezoning from B1, Neighborhood Business, to B2, Limited 2
Business
_____________________________________________________________________________
3. Approval of Minutes
November 4, 2015.
MOTION/SECOND: Commissioner Schiltgen/Commissioner Klander. To approve the Minutes
of the November 4, 2015 regular Planning Commission meetings as presented.
Ayes – 6 Nays – 0 Motion carried.
December 2, 2015.
Commissioner Kieffer requested a change to Page 3, noting Chair Stevenson’s comment should
read: “…was anyone interested in using the site as a B1 use”.
Mounds View Planning Commission December 16, 2015
Regular Meeting Page 2
______________________________________________________________________________
Commissioner Love requested Mr. Punjani’s name be spelled correctly throughout the minutes.
MOTION/SECOND: Commissioner Rundle/Commissioner Kieffer. To approve the Minutes of
the December 2, 2015 regular Planning Commission meetings as slightly amended.
Ayes – 6 Nays – 0 Motion carried.
4. Citizens Requests and Comments on Items Not on the Agenda
None.
______________________________________________________________________________
5. Planning Cases
A. ZC2015-001 Rezoning from B1, Neighborhood Business, to B2, Limited
Business
Applicant: Zulfiquar Punjani
Address: 2408 County Road I
City Administrator Ericson indicated the applicant and property owner, Zulfiquar (Julio) Punjani,
has submitted an application to rezone his property located at 2408 County Road I, previously
operated as a neighborhood convenience store, from B-1, Neighborhood Business, to B-2,
Limited Business. The property is one of only two commercial properties presently zoned B-1.
The other property is located at the southeast corner of County Road H2 and Silver Lake Road.
The expressed basis for the requested rezoning would be to allow for the operation of a liquor
store on the site, although the Commission would need to consider all possible uses.
City Administrator Ericson reported the Planning Commission reviewed this request at its
meeting on December 2, 2015. After reviewing the staff report and hearing from the property
owner, the Commission expressed an opinion that the request would not be inconsistent with the
Comprehensive plan and would not be out of character considering the surrounding uses. After
considering the other criteria for amending the City’s official zoning map, the Commission
directed staff to prepare a resolution recommending approval of the requested rezoning of the
property.
City Administrator Ericson reviewed the request in further detail and stated based on the
direction provided at the December 2, 2015, Planning Commission meeting, staff has prepared
Resolution 1039-15 recommending approval of the requested rezoning of the property at 2408
County Road I from B-1, Neighborhood Business, to B-2, Limited Business, along with findings
of fact in support of the recommendation determining that the requested rezoning would not be
inconsistent with the Comprehensive Plan, would not depreciate the neighborhood, would not be
out of character for the area, would serve a demonstrated need, and that the uses would not be
inappropriate for the location.
Mounds View Planning Commission December 16, 2015
Regular Meeting Page 3
______________________________________________________________________________
Commissioner Love explained she printed out the list of allowed uses for the B1 zoning district
and read this aloud for the record. She believed this was an extensive use for a neighborhood
store. She was concerned with how the neighborhood would be impacted if a liquor store were
to locate on this property. She commented that Mounds View already had more liquor stores per
capita than its surrounding neighbors. She did not see a demonstrated need for another liquor
store in the City of Mounds View.
Commissioner Schiltgen was of the opinion that the City was not to regulate businesses, but
rather should allow the free market to regulate which businesses will thrive in the community.
He provided comment on the history of this property and stated a convenience store was no
longer prospering at this location. He explained there were adverse effects to having the space
vacant as well. For this reason, he did not oppose the site being rezoned.
Chair Stevenson addressed the Comprehensive Plan along the County Road I corridor. It was his
opinion that B2 would be a proper zoning classification for the property at 2408 County Road I
and would offer the property owner new options for the site. He supported changing the zoning
from B1, Neighborhood Business to B2, Limited Business.
Commissioner Schiltgen agreed stating the rezoning would greatly benefit the property owner.
He believed the rezoning would assist in revitalizing the property.
Commissioner Klander requested further information from staff on how the site could become a
liquor store. City Administrator Ericson reviewed the City Council review and approval process
for rezonings in detail with the Planning Commission. He noted the Ordinance would require a
public hearing and would not be effective until 30 days after being published. After that time,
the applicant could apply for a liquor license and would have to go through an extensive
background check and licensing process with the City.
Commissioner Kieffer did not believe the City needed another liquor store. However, she also
understood that this was one of the only remaining B1 zoned properties in the City, which
limited the uses on the site. Because of this, she could support the rezoning of the property.
Further discussion ensued regarding the allowed uses within the B1 and B2 zoning districts.
Commissioner Rundle asked if the Council had to limit the number of off-sale establishments
within the City. City Administrator Ericson reported the City had to regulate the number of on-
sale establishments but could have any number of off-sale establishments.
Commissioner Love requested that the information regarding liquor stores per capita be passed
along to the City Council.
MOTION/SECOND: Commissioner Schiltgen/Commissioner Klander. To approve Resolution
1039-15 Recommending Approval of the Rezoning of the Property at 2408 County Road I from
B-1, Neighborhood Business, to B-2, Limited Business; Planning Case No. ZC2015-001.
Mounds View Planning Commission December 16, 2015
Regular Meeting Page 4
______________________________________________________________________________
Commissioner Kieffer questioned if findings had to be listed within the motion. City
Administrator Ericson reported the Planning Commission was not required to list Findings of
Fact, but noted the Commission’s comments would support the motion.
Ayes – 5 Nays – 1 (Love) Motion carried.
_____________________________________________________________________________
6. Other Planning Activity
None.
______________________________________________________________________________
7. Reports
A. Upcoming Planning Cases
City Administrator Ericson explained he had no upcoming Planning Cases for the Commission
to review.
B. Staff Updates
City Administrator Ericson provided the Commission with an update from staff. He noted seven
interviews for the planner position were held last week and background checks were being
conducted. It was his hope the new planner would be hired in early January.
C. Council Updates
Councilmember Meehlhause provided the Planning Commission with an update from the City
Council. He explained the Council approved the 2016 budget and property tax levy. He
commented the 2016 levy was a 1% increase over 2015 and was the lowest tax levy when
compared to neighboring communities. He indicated the City would now allow Sunday liquor
sales from 8:00 a.m. to 2:00 a.m. He noted Angelica Klebsch and Jason French have been
appointed to the Planning Commission.
D. Planning Commissioner Reports
Chair Stevenson thanked Commission Kieffer for her service to the City of Mounds View.
8. Next Planning Commission Meeting:
A. Wednesday, January 6, 2016
B. Wednesday, January 20, 2016
______________________________________________________________________________
Mounds View Planning Commission December 16, 2015
Regular Meeting Page 5
______________________________________________________________________________
9. Adjournment
There being no further business before the Planning Commission, Chair Stevenson adjourned the
meeting at 7:47 p.m.
______________________________________________________________________________
Respectfully submitted,
____________________________
Jim Ericson
City Administrator
Transcribed by:
Heidi Guenther
TimeSaver Off Site Secretarial, Inc.
Mounds View Planning Commission
Oath of Office
I, ___________________, do solemnly swear, to support the Constitution of
the United States, and of this state, and to discharge faithfully the duties,
devolving upon me as a Planning Commission member of the City of
Mounds View, to the best of my judgment and ability.
____________________________________
Commissioner
____________________________________
Date
Witness:
____________________________________
James Ericson, City Administrator
PLANNING COMMISSION
REGULAR MEETING AGENDA
January 6, 2016 -- 7:00 P.M.
1. Call to Order
2. Roll Call
3. Special Order of Business
A. Oath of Office for New and Re-appointed Commissioners
B. Election of Officers – Chair and Vice-Chair
4. Approval of Minutes:
December 16, 2015
5. Citizens Requests and Comments Relating to Planning and Zoning Issues Not
Already on the Agenda. (Before speaking, give your full name and address for the record.)
6. Planning Cases
A. None
7. Other Planning Activity
A. None
8. Reports
A. Upcoming Planning Cases & Activity
B. Staff Updates
C. Council Updates
D. Planning Commissioner Reports
9. Next Planning Commission Meetings:
A. Wednesday, February 3, 2016
B. Wednesday, February 17, 2016
10. Chairperson and Planning Commissioner’s Reports
11. Meeting Conclusion
Item No: 8A&B
Meeting Date: January 6, 2016
Type of Business: Reports
City of Mounds View Staff Report
To: Mounds View Planning Commission
From: James Ericson, City Administrator
Item Title/Subject: Upcoming Planning Cases and Activity & Staff
Updates
A. Upcoming Planning Cases and Activity
At this time, there are no new planning requests that have been submitted for
consideration. The only pending activity in the immediate future is to review the Planning
Commission Bylaws, which needs to be done at the first meeting in February. I have
included the Bylaws in this packet for the benefit of our two new members. The Bylaws
were last updated in 2007 and Staff is not aware of any provision that should be revised.
B. Staff Updates
I would like to say that we have an update regarding the proposal from the Beard Group
who had proposed to construct a market-rate multi-family facility at the corner of County
Road 10 and County Road H2 (the Crossroad Pointe site.) The City Council agreed that
the developer could make the proposal based only on the residential component, leaving
“Phase 2” available for future redevelopment either by the City or the Beard Group. A draft
Predevelopment Agreement has been prepared but the attorneys continue to hash out the
fine details which would guide us to a more binging Development agreement.
Regarding the position of Planner, it had taken longer than expected to reach out and hear
back from all the references, so no offers have been extended to our top candidate. It is
still our hope to have the candidate before the City Council for approval at the January 25,
2016 meeting. If all goes well, we anticipate a start date of February 1, 2016.
I will be out of the office the third week of January, so coupled with no pending planning
applications, I would like to cancel the scheduled meeting on January 20, 2016.
Sincerely,
____________________
James Ericson
City Administrator