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HomeMy WebLinkAbout03-17-2010 PLANNING COMMISSION REGULAR MEETING AGENDA March 17, 2010 -- 7:00 P.M. 1. Call to Order 2. Roll Call 3. Approval of Minutes: A. December 16, 2009 4. Citizens Requests and Comments Relating to Planning and Zoning Issues Not Already on the Agenda. (Before speaking, please give your full name and address for the minutes.) 5. Planning Cases A. Concept plan review for Coventry Senior Living development located at 2320-2340 Highway 10 and 5260 O’Connell Drive, by Select Companies 6. Other Planning Activity A. Review Bylaws 7. Next Planning Commission Meetings: A. April 7, 2010 B. April 21, 2010 8. Adjourn to Agenda Session AGENDA SESSION 1. Review Minutes: a. January 6, 2010 2. Staff Reports a. Upcoming Planning Cases 3. Chairperson and Planning Commissioners’ Reports 4. Meeting Conclusion PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting January 6, 2010 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 ______________________________________________________________________________ 1. Call to Order The meeting was called to order by Chair Stevenson at 7:00 p.m. January 6, 2010. 2. Roll Call Members Present: Commissioners Stevenson, Cramblit, Meehlhause, Miller, Rundle, Schiltgen and Smith. Absent and Excused: None. Also Present: Planning Associate Heidi Heller and Community Development Director Roberts. ______________________________________________________________________________ Index to Minutes Page Special Order of Business 2 CM2009-00; Conditional Use Permit Amendment for Saturn of St. Paul 2 _____________________________________________________________________________ 3. Special Order of Business A. Oath of Office for new Commissioners Planning Associate Heller administered the oath of office to Planning Commissioners Cramblit, Schiltgen, and Smith. B. Election of Officers – Chair and Vice-Chair Planning Associate Heller indicated that the Planning Commission needed to vote on a Chair and Vice-Chair for 2010. Commissioner Cramblit nominated Gary Stevenson for Chair of the Planning Commission. Seconded by Commissioner Meehlhause. Mounds View Planning Commission January 6, 2010 Regular Meeting Page 2 ____________________________________________________________________________ Commissioner Meehlhause nominated Jean Miller for Vice Chair of the Planning Commission. Seconded by Commissioner Cramblit. MOTION/SECOND: Commissioner Cramblit/Commissioner Meehlhause. To appoint Gary Stevenson for Chair of the Planning Commission. Ayes – 7 Nays – 0 Motion carried. MOTION/SECOND: Commissioner Meehlhause/Commissioner Cramblit. To appoint Jean Miler for the Vice Chair for the Planning Commission. Ayes – 7 Nays – 0 Motion carried. 4. Approval of Minutes November 19, 2009 MOTION/SECOND: Commissioner Cramblit/Commissioner Miller. To approve the minutes of the November 19, 2009 regular Planning Commission meeting as slightly amended. Ayes – 7 Nays – 0 Motion carried. _____________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ 5. Planning Cases A. CUP2009-00; Conditional Use Permit Amendment for Saturn of St. Paul located at 2375 Highway 10 Planning Associate Heller stated the applicant Jim Price, representing Saturn of St. Paul located at 2375 Highway 10, is requesting approval of an amendment to an existing conditional use permit. She indicated the owners of Saturn of St. Paul were notified that the Saturn line of automobiles will be discontinued in October 2010. She stated this dealership wants to stay open in Mounds View and the owners are exploring all of their options. She stated the Mounds View dealership cannot change to another new car brand due to existing laws and rules. The dealership does have the opportunity to become a Motor Trend certified use car dealership, but the current Conditional Use Permit has a condition that states the dealership must maintain a new car sales license at all times. The applicant is requesting to remove this condition from the Conditional Use Permit. Mounds View Planning Commission January 6, 2010 Regular Meeting Page 3 ____________________________________________________________________________ Jim Price, representing Saturn St. Paul, stated they were planning to expand the Saturn business and were shocked with the news regarding the Saturn brand. He indicated they are also seeking other new car franchises that want to come in to the United States. He indicated the Motor Trend program is a good value auto dealership that sells high quality used cars. He also indicated they have also been contacted by Meineke to do their automotive repair services, but they still want to sell cars too. Chair Stevenson asked if the current signage on the building would change from Saturn to Motor Trend. Mr. Price stated that the signs would change after October 2010. Commissioner Meehlhause asked if the quality of cars would be same. Mr. Price stated it is the goal of the dealership to maintain the quality of used cars that they are currently selling. Commissioner Meehlhause asked about the previous plan of moving the business to Blaine. Mr. Price indicated land was purchased in Blaine to move the business, but has since been sold and they plan to stay in Mounds View. The new automotive brand could be one from either India or China but there are details that still need to be worked out. MOTION/SECOND: Commissioner Meehlhause /Commissioner Miller. Resolution 921-10; Resolution recommending approval of an amendment to the Conditional Use Permit to remove the requirement of maintaining a new car license for Saturn of St. Paul, 2375 Highway 10; Planning Case CM2009-001 Ayes – 7 Nays – 0 Motion carried. ______________________________________________________________________________ 6. Other Planning Activity None. ______________________________________________________________________________ 7. Next Planning Commission Meeting: A. January 20, 2010 B. February 3, 2010 ______________________________________________________________________________ 8. Adjournment to Agenda Session Mounds View Planning Commission January 6, 2010 Regular Meeting Page 4 ____________________________________________________________________________ There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 7:34 p.m. ______________________________________________________________________________ (The meeting immediately adjourned to the Agenda Session) Respectfully submitted, Ken Roberts Community Development Director Transcribed by: Barbara Suciu TimeSaver Off Site Secretarial, Inc. Planning Commission Memo To: Mounds View Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: City Council approves City of Mounds View Code of Conduct and Statement of Values Date: March 11, 2010 On Monday, March 8, 2010, the City Council approved a new Code of Conduct and Statement of Values. I have attached the Council staff report and the new policies for the Planning Commissioners to review. These policies are for all Council members, Commission and Committee members and city employees. If the Planning Commission has any comments or questions, we can discuss them at the March 17, 2010 meeting, otherwise this is for your information only. Sincerely, _________________________ Heidi Heller Planning Associate Attachments: 1. City Council staff report Item No: 7E Meeting Date: March 8, 2010 Type of Business: CB Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Clerk - Administrator Item Title/Subject: Resolution 7588 Approving the City of Mounds View Code of Conduct and Statement of Values Introduction: Last year, the League of Minnesota Cities (LMC) established a ten-member ethics advisory panel to work toward a product that would promote high standards of ethical behavior while providing a helpful framework to city officials who deal with such issues. The panel, which included Council Member Carol Mueller, produced two model documents—a code of conduct and a statement of values. The City Council reviewed the documents at the March 1, 2010 Work Session and directed staff to prepare a resolution to formally approve both. Discussion: The Code of Conduct is a “law-based” document, incorporating very specific standards of behavior that are already written into state statute or that have been handed down by court rulings. The Code of Conduct also offers legal methods for dealing with infractions. By adopting this code at the municipal level, a city council can take self-initiated action to see that these standards are upheld in the community, rather than having to wait on civil litigation initiated by citizens or criminal prosecution by the county attorney. The Statement of Values is an aspirational document, intended to provide a framework for ethical decision-making. The values it promotes can only be self-enforced, primarily by providing an ethical anchor, raising the quality of discussion and expectation among city officials and in the community, and by appealing to the conscience of the individual. It would be difficult and likely counterproductive to suggest that such values could be subject to formal review or enforcement action. Recommendation: Based upon the discussion at the March 2010 Work Session, Resolution 7588 has been prepared which formally adopts the Code of Conduct and Statement of Values policies. Upon adoption, both documents will be made available to all commission and committee members and employees. Respectfully submitted, ________________________ James Ericson Clerk - Administrator RESOLUTION NO. 7588 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ADOPTING THE CITY OF MOUNDS VIEW “CODE OF CONDUCT” AND “STATEMENT OF VALUES” POLICY DOCUMENTS WHEREAS, the League of Minnesota Cities assembled a ten-member ethics advisory panel to discuss ethical behavior and to formulate a product that would promote high standards of ethical behavior while providing a helpful framework to city officials who deal with such issues; and, WHEREAS, two model documents were prepared by the Panel, a “Code of Conduct” and a “Statement of Values,” both of which were approved by the League’s Board of Directors; and, WHEREAS, the Mounds View City Council reviewed both model documents and determined both should be incorporated into the City’s Administrative Policy Manual to help guide ethical and responsible behavior and to establish a process to respond to allegations or complaints alleging unethical behavior. NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council approves the attached City of Mounds View CODE OF CONDUCT and the City of Mounds View STATEMENT OF VALUES policy documents. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Mounds View City Council directs that said policy documents be provided to all commission and committee members as well as employees and volunteers of the City as a guide and reminder of the City’s expectation regarding ethical behavior. Adopted this 8th day of March, 2010. _______________________________ Joe Flaherty, Mayor ATTEST: _______________________________ James Ericson, Clerk - Administrator (seal) Code of Conduct Policy Purpose The City Council of the City of Mounds View determines that a code of conduct for its members, as well as the members of the commissions and committees of the City of Mounds View, is essential for the public affairs of the City. By eliminating conflicts of interest and providing standards for conduct in City matters, the City Council hopes to promote the faith and confidence of the citizens of Mounds View in their government and to encourage its citizens to serve on its Council, commissions and committees. Standards of Conduct Subd. 1. No member of the City Council or a City commission or committee may knowingly: a. Violate the open meeting law. b. Participate in a matter that affects the person’s financial interests or those of a business with which the person is associated, unless the effect on the person or business is no greater than on other members of the same business classification, profession, or occupation. c. Use the person’s public position to secure special privileges or exemptions for the person or for others. d. Use the person’s public position to solicit personal gifts or favors. e. Use the person’s public position for personal gain. f. Except as specifically permitted pursuant to Minn. Stat. 471.895, accept or receive any gift of substance, whether in the form of money, services, loan, travel, entertainment, hospitality, promise, or any other form, under circumstances in which it could be reasonably expected to influence the person, the person’s performance of official action, or be intended as a reward for the person’s official action. g. Disclose to the public, or use for the person’s or another person’s personal gain, information that was gained by reason of the person’s public position if the information was not public data or was discussed at a closed session of the City Council. h. Disclose information that was received, discussed, or decided in conference with the City’s legal counsel that is protected by the attorney-client privilege unless a majority of the City Council has authorized the disclosure. i. Represent private interests before the City Council or any City committee, commission or agency. Subd. 2. Except as prohibited by the provisions of Minn. Stat Sec. 471.87, there is no violation of subdivision 1b of this section for a matter that comes before the council, board, or commission if the member of the council, board, or commission publicly discloses the circumstances that would violate these standards and refrains from participating in the discussion and vote on the matter. Nothing herein shall be construed to prohibit a contract with a member of the city council under the circumstances described under Minn. Stat. Sec. 471.88, if proper statutory procedures are followed. Complaint, Hearing Complaints alleging a violation of these standards of conduct may be submitted in writing to the City Administrator. The complaint must contain supporting facts for the allegation. The City Council may hold a hearing after receiving the written complaint or upon the Council's own volition. A hearing must be held only if the City Council determines (1) upon advice of the city attorney, designee, or other attorney appointed by the council, that the factual allegations state a sufficient claim of a violation of these standards or rise to the level of a legally-recognized conflict of interest, and (2) that the complaint has been lodged in good faith and not for impermissible purposes such as delay. The City Council’s determination must be made within 30 days of the filing of the allegation with the City Administrator. If the Council determines that there is adequate justification for holding a hearing, the hearing must be held within 30 days of the City Council’s determination. At the hearing, the person alleged to have violated these standards shall be provided an opportunity to be heard. After the hearing, if the Council finds that a violation of a standard has occurred or exists, the Council may censure the person, refer the matter for criminal prosecution, request an official not to participate in a decision, or remove an appointed member of an advisory commission or committee from office. Policy approved via Resolution 7588 Adopted March 8, 2010 Statement of Values Preamble The proper operation of democratic government requires that decision-makers be independent, impartial, and accountable to the people they serve. The City of Mounds View has adopted this Statement of Values to promote and maintain the highest standards of personal and professional conduct in the City's government. All elected and appointed officials, City employees, and volunteers are required to subscribe to this statement, understand how it applies to their specific responsibilities, and practice its core values in their work. Because we seek public confidence in the City's services and public trust of its decision-makers, our decisions and our work must meet the most demanding ethical standards and demonstrate the highest levels of achievement in following this statement. The Values As a Representative of the City of Mounds View, 1. I serve the public interest 2. I fulfill the duties and responsibilities of holding public office 3. I am ethical 4. I am professional 5. I am fiscally responsible 6. I am conscientious 7. I communicate effectively 8. I am collaborative 9. I am forward thinking Value expressions 1. I serve the public interest. In practice, this value means that: a. I provide courteous, equitable, and prompt service to everyone. b. I am attuned to, and care about, the needs and issues of citizens, public officials, and city workers. c. I am interested, engaged, and responsive in my interactions with constituents. d. I recognize and support the public’s right to know the public’s business. 2. I fulfill the duties and responsibilities of holding public office. In practice, this value means that: a. I observe the highest standards of integrity in my official acts and undertake my responsibilities for the benefit of the greater public good. b. I faithfully discharge the duties of my office regardless of my personal considerations, recognizing that the public interest is my primary concern. c. I uphold the Constitution of the United States and the Constitution of the State of Minnesota and carry out impartially the laws of the nation, state, and city and thus foster respect for all government. d. I comply with both the letter and the spirit of the laws and policies affecting operations of the City. e. I recognize my obligation to implement the adopted goals and objectives of the City in good faith, regardless of my personal views. f. I conduct myself in both my official and personal actions in a manner that is above reproach. g. I do not use my position to secure for myself or others special privileges or exemptions that are different from those available to the general public. h. I understand and abide by the respective roles and responsibilities of elected and appointed officials and city staff and will not undermine them in their work. i. I am independent, impartial, and fair in my judgment and actions. 3. I am ethical. In practice, this value means that: a. I am trustworthy, acting with the utmost integrity and moral courage. b. I am truthful, doing what I say I will do, and am reliable. c. I am accountable for my actions and behavior and accept responsibility for my decisions. d. I make impartial decisions, free of influence from unlawful gifts, narrow political interests, and financial and other personal interests that impair my independence of judgment or action. e. I am fair, distributing benefits and burdens according to consistent and equitable criteria. f. I oppose all forms of harassment and unlawful discrimination. g. I extend equal opportunities and due process to all parties in matters under consideration. h. I show respect for confidences and confidential information. i. I avoid giving the appearance of impropriety and of using my position for personal gain. 4. I am professional. In practice, this value means that: a. I apply my knowledge and expertise to my assigned activities and to the interpersonal relationships that are part of my job in a consistent, confident, competent, and productive manner. b. I approach my job and work-related relationships with a positive attitude, contributing to a supportive, respectful, and non-threatening work environment. c. I keep my professional knowledge and skills current and growing. d. I am respectful of all city staff, officials, volunteers, and others who participate in the City’s government. 5. I am fiscally responsible. In practice, this value means that: a. I make decisions after prudent consideration of their financial impact, taking into account the long-term financial needs of the City, especially its financial stability. b. I demonstrate concern for the proper use of City assets (e.g., personnel, time, property, equipment, funds), follow established procedures, and do not use public resources for personal gain. c. I make decisions that seek to preserve the financial capacity of the City to provide programs and services for City residents. d. I provide full disclosure of any potential financial or other private conflict of interest. I abstain from participating in the discussion and vote on these matters. e. I prevent misuse of public funds by establishing, maintaining, and following strong fiscal and management controls. f. I report any misuse of public funds of which I am aware. 6. I am conscientious. In practice, this value means that: a. I act in an efficient manner, making decisions and recommendations based upon research and facts, taking into consideration short and long term goals. b. I follow through in a responsible way, keeping others informed, and responding in a timely fashion. c. I am respectful of established City processes and guidelines. d. I prioritize my duties so that the work of the City may move forward. e. I prepare for all meetings by reviewing any materials provided ahead of time. When I have materials to contribute, I make sure all others involved have ample time to review these materials prior to the meeting. 7. I communicative effectively. In practice, this value means that: a. I convey the City's care for and commitment to its citizens. b. I communicate in various ways that I am approachable, open-minded, and willing to participate in dialog. c. I engage in effective two-way communication by listening carefully, asking questions, and responding appropriately which adds value to conversations. d. I do not interfere with the orderly conduct of meetings by interrupting others or making personal comments not germane to the business at hand. e. I follow up on inquiries in a timely manner. f. I encourage and facilitate citizen involvement in policy decision-making. g. I am respectful in disagreements and contribute constructively to discussions on the issue. 8. I am collaborative. In practice, this value means that: a. I act in a cooperative manner with groups and other individuals, working together in a spirit of tolerance and understanding to accomplish common goals. b. I share information with others in a timely manner so that, together, we can make informed decisions. c. I work towards consensus building and gain value from diverse opinions. d. I accomplish the goals and responsibilities of my individual position, while respecting my role as a member of a team. 9. I am forward thinking. In practice, this value means that: a. I promote intelligent, proactive, and thoughtful innovation in order to advance the City's policy agenda and provide City services while considering the broader regional, state- wide, national, and international implications of the City's decisions and issues. b. I maintain consistent standards, but am also sensitive to the need for compromise, creative problem solving, and making improvements when appropriate. c. I am open to new ideas and processes, adopting them as they conserve resources and provide efficient and cost-effective service. d. I consider the potential long-term consequences and implications of my actions and inactions. Policy approved via Resolution 7588 Adopted March 8, 2010 M:\administration\jime\Admin\Ethics\MV Statement of Values.doc Item No:5A Meeting Date: March 17, 2010 Type of Business: Review City of Mounds View Staff Report To: Mounds View Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Review of a Concept Plan for the Coventry Senior Housing Development at 2320-2340 County Highway 10 Introduction: Select Companies, represented by Greg Johnson, has submitted a concept site plan for “Coventry Senior Living,” a 95-unit senior housing development on three lots on the south side of County Highway 10, just south of County Road H2. The building plan shows 18 independent living units, 45 assisted living units, 16 memory care units and 16 high acuity living (residents needing a higher level of nursing care than basic housekeeping or personal assistance) units. Select Companies has not yet submitted a formal planning application to the City for this project. They want to first talk to the Planning Commission and City Council about their concept plan, and hold a neighborhood meeting about it on March 18, 2010. If Select Companies moves forward with an application for this site, this proposal would involve three planning actions: 1. Rezone three properties from B-3, Highway Business and R-1 Single Family to a PUD, Planned Unit Development. 2. Major Subdivision to combine three lots into one parcel (2-steps: Preliminary Plat and Final Plat) 3. Development Review of the site plan and building design. Background: Most of the Planning Commissioners will recognize Select Companies from the other senior housing project that they have been trying to build on County Highway 10 and Groveland Road for the last couple of years. Due to the collapse of the financial markets, they have not been successful in securing financing for their project. Select Companies still wants to build a facility in Mounds View, and their research has shown there is a need for senior housing in the city. Recently a new opportunity presented itself to Select Companies for building the senior housing on a different site in Mounds View. Select Companies now has an additional developer working with them, and an investor who will partner with them if they build the project on this new site. The development site includes three parcels with an area totaling approximately 2.2 acres. County Highway 10 runs along the northeast side and O’Connell Drive runs along the southwest side of the site. The three parcels involved currently have mixed zoning designations - 2320 and 2340 County Highway 10 are zoned B-3, Highway Business, and 5260 O’Connell Drive is zoned R-1, Single-Family Residential. 2340 County Highway 10 has a self-serve car wash on the site, and the other two parcels are vacant. Coventry Senior Living Staff Report March 17, 2010 Page 2 Relationship to the Comprehensive Plan According to the Comprehensive Plan, the city has designated the area as Mixed-Use PUD, planned unit development. This is defined as land containing a building or buildings with significant amounts of residential uses in combination with commercial and/or office uses. By using the Mixed-Use PUD designation in the Comprehensive Plan, the City has more options for the allowed uses. Sites with this designation could be developed as planned unit developments (PUD) to allow flexibility if the project meets the PUD criteria. An important component of the Comprehensive Plan, the Housing Element, has goals and policies toward maintaining and improving the quality and diversity of the existing housing stock and providing infill-housing opportunities where both possible and practical. The proposed project would help promote a greater diversity of housing choices in the City. Geographical Area The subject area proposed for redevelopment currently consists of a car wash and two vacant lots. Adjacent on the northwest end (5284 Greenfield) is a 17-unit apartment building, and the city-owned vacant “Premium Stop” site. The properties to the southwest of the subject parcels are zoned R-1, single family residential, and are developed as such. The City expects the owners of the five single-family homes south of this development site that front County Highway 10 to redevelop their properties in the future. Directly across County Highway 10 is the Saturn of St. Paul auto dealership. County Highway 10 properties tend to be developed with more intense land uses, whether commercial or residential, than in other parts of the city. Increased Site Density Senior housing development is not typical multi-family housing. Many of the units are much smaller than regular apartments because most of the assisted living and memory care residents live alone and do not need full kitchen facilities or a large amount of living space. Having smaller apartments allows more units in the same sized building. The idea behind these senior housing buildings is for the residents to congregate together and not stay in their apartments. Meals are provided in a separate dining room eliminating the need for much kitchen area in the individual units, and community activity spaces are provided for the residents to come out of their units and socialize together, or to use if they have guests visiting. Parking At over two acres, this development qualifies to be a senior housing PUD which has it’s own set of parking requirements: (a) Independent living = 1 space per unit with half of the spaces enclosed (b) Assisted living = 0.5 spaces per unit (c) Nursing homes and memory care = 1 space for every 4 beds (d) Facility staff = 1 space for every employee on the largest shift The proposed parking shown with the concept plan shows a total of 70 parking spaces – 35 open spaces and 35 in the underground garage. Per the City Code, they are required to provide a total of 59 spaces, with 9 of those spaces covered. The preliminary site plan shows 11 more spaces than the total number required by the City Code. Coventry Senior Living Staff Report March 17, 2010 Page 3 Setbacks: The proposed development meets the required building setbacks of 30 feet for the front and rear yards and 20 feet for side yards. All parking areas meet the required five-foot setbacks. Building Design and Materials: The plans indicate that the building will be three-story with an underground garage. The building elevations show a mix of siding styles with stone and/or brick accents on the exterior of the buildings. The plan has the driveway access and main front entrance facing O’Connell Drive. This building design will be very similar to the plans for the Groveland site (the Groveland elevation drawing is included in this report). Wetlands: There are no wetlands in this development area. The developer would need to apply for a permit from Rice Creek Watershed District for the onsite stormwater management. Trails and Park Dedication Fee: For all new development along Highway 10, the City requires the property owner/developer to contribute funds for the future trail system based on the amount of County Highway 10 frontage. All subdivisions are subject to a park dedication fee based on the Ramsey County tax assessed value of the land. Recommendation: The Planning Commission should review the site plan and be prepared to provide the City and the developer comments about the concept plans. The Commission should not take any formal action when doing a concept plan review. Respectfully submitted, Heidi Heller Planning Associate Attachments: 1. Zoning Map 2. Aerial Views 3. Comprehensive Plan Future Land Use Map 4. Narrative from the developer 5. Neighborhood meeting invitation letter from the developer 6. Building elevation for Groveland site (would be very similar on this new site) 7. Photos of another senior housing building developed by Select Companies in West St. Paul 8. Site Plan dated March 5, 2010 Zoning Map *Proposed project includes 2320 & 2340 County Highway 10 and 5260 O’Connell Drive * Properties not indicated with a designation are zoned R-1, Single Family Residential Aerial View Car wash Single family rental property – vacant SaturnVacant lot- city owned Apt. bldgTaiko Rest.Robert’s Bar Aerial View Comp Plan Future Land Use Map Project area is designated as “Mixed Use PUD” Narrative to City from Developer Neighborhood Meeting Invite Letter from Developer County Highway 10 & Groveland Site Elevation Drawing for reference A Select Senior Living developed building in West St. Paul Entrance to underground parking garage -dumpster would normally be inside the garage but it was pickup day Main lobby Item No: 6A Meeting Date: March 17, 2010 Type of Business: Commission Business City of Mounds View Staff Report To: Mounds View Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Review the Planning and Zoning Commission Bylaws Introduction: The Planning Commission’s Bylaws state that the Commission shall review the Bylaws on an annual basis at the first regular meeting in February. Discussion: The Planning Commission should review the attached Bylaws. I am not proposing any changes to the Bylaws. The Planning Commission reviewed and slightly amended the Bylaws in January of 2007. The last change was about the number of absences a commissioner may have in a given year. Recommendation: Adopt the Bylaws for the Planning Commission. If the Commission does not make any amendments or modifications to the Bylaws, then the Commission may readopt them by motion. Sincerely, Heidi Heller Planning Associate Attachment Planning and Zoning Commission Bylaws EXHIBIT A 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 in accordance with State Statutes. Planning Commission members shall be City of Mounds View Planning and Zoning Commission - Bylaws Page 4 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. VII. INFORMATIONAL PACKETS: Each Commissioner shall receive a staff report, plans City of Mounds View Planning and Zoning Commission - Bylaws Page 5 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