IV.8. Reappointments to the Planning and Zoning Commission; Lindahl (CR2016-061)June 7, 2016 Council Report 2016-061
Reappointments to the Planning & Zoning Commission
Proposed Action
Staff recommends adoption of the following motion: Motion to reappoint Brain Hunke and
Mathew McNeil to the Planning & Zoning Commission for a second two-year term.
Overview:
Section 325 of the City Code and Article 4 of the Hopkins Planning & Zoning Commission
outlines the standards for membership on the Planning & Zoning Commission (see attached). In
summary, they state that members shall be residents of the City for one year or more on the date
of appointment. Terms are for a period of two years, and members may serve no more than two
consecutive terms. Planning & Zoning Commissioners Brian Hunke, Matthew McNeil and Mike
Tait are ending their first two-year term. Staff recommends reappointing both Brian Hunke and
Matthew McNeil for a second two-year term.
Commissioner Mike Tait moved out of the City in 2015. In April, the City Council decided to
allow Commissioner Tait to remain an active member of the Planning & Zoning Commission for
the remainder of his term, which ends on June 30 of this year. At that time, the Council directed
staff to inform Commissioner Tait that failure to occupy a residence within the City by the end of
his first two-year term could result in the City Council deciding to not renew his appointment to
the Planning & Zoning Commission for a second two-year term (see attached letter). To date,
Commissioner Tait has not reestablished residency within Hopkins. The Council may reconsider
Commissioner Tait’s reappointment should he reestablish residency prior to June 30 of this year.
Primary Issues to Consider:
Membership Standards for the Planning & Zoning Commission contained in Section 325
of the City Code and the Planning & Zoning Commission Bylaws.
Supporting Information:
Section 325 of the City Code – Planning & Zoning Commission
Planning & Zoning Commission Bylaws
April 11, 2016, letter to Mike Tait
___________________________
Jason Lindahl, City Planner
Hopkins City Code (Amended Jul 2003) 325
Section 325 Page 1
Section 325 - Zoning and Planning Commission
325.01. Subdivision 1. Zoning and planning commission established. The zoning and planning commission is
created and continued. The commission shall consist of seven persons of which no less than six shall have
been a resident of the city for one year or more on the date of appointment; one member may be a business
owner or employee of a business that is located within the corporate city limits of the City of Hopkins, one
staff liaison to be appointed by the City Manager. Each member except the staff liaison shall have the right to
vote on all matters before the commission. Citizen member terms of office shall be for two years. Three
citizen members of the commission shall be appointed on July 1st of each odd numbered year and four shall be
appointed on July 1st of each even numbered year. Citizen members appointed to complete a current term of
office shall be considered to have served a term of office if the appointment is to an office which is less than
half completed. If the appointment is to an office which is more than half completed the appointment the
appointment will not be considered a term of office. Citizen members shall serve no more than two
consecutive terms of office (Amended Ord. No. 87-581, Sec. 1)(Amended Ord. 2003-899) (Amended Ord
2003-905)
The commission shall serve without compensation other than such compensation as its members may receive
for other services performed for the city. The appointments shall be made by the Mayor with the approval of
the Council and any member of the Commission may be removed by a majority vote of the Council for
misconduct or neglect of duties. The secretary of the Community Development Department shall act as
secretary of the Commission and the City Attorney shall act as legal counsel for the Commission. (Amended
Ord. No. 87-577)
Subd. 2. Officers: by-laws. The commission shall elect a chairperson from among its
members and such other officers as its by-laws may provide. The chairperson shall not be the business-owner
or employee unless that member is also a resident of Hopkins. The commission shall adopt by laws governing
its procedures. (Amended Ord 2003-905)
Subd. 3. Other duties. The commission is the Board of Adjustment and Appeals as provided in
the zoning code (Appendix I to this code) and has the powers and duties assigned to it by the zoning code and
by law.
Subd. 4. Advisory. The commission is advisory to the city council.
CITY OF HOPKINS
PLANNING 8� ZONING COMMISSION
BY-LAWS
CITY OF HOPKINS
PLANNING & ZONING COMMISSION BY-LAWS
ARTICLE I - IDENTITY
1.1 This organization shall be known as the City Planning
and Zoning Commission of the City of Hopkins.
1.2 The administrative offices and mailing address of the
Commission shall be 1010 First Street South, City Hall,
Hopkins, Minnesota.
ARTICLE II - ORIGIN AND POWERS
2.1 The City Planning and Zoning Commission was created by
Ordinance No. 269. The Commission serves in an
advisory capacity, except with respect to the platting
of lands in the City of Hopkins, over which it has
plenary power pursuant to Laws of Minnesota, 1933�
Chapter 93, and Section 325 of the Hopkins City Code.
ARTICLE ISZ - DUTIES AND OBJECTIVES
3•1 The Commission is designed to serve in an advisory
capacity to the City Council and Administration and is
further empowered to perform certain quasi-judicial
funetions.
3•2 The objectives of the Commission are to guide future
development of land, services and facilities so as to
ensure a safer, more pleasant and more economical
environment for residential, commercial, industrial and
public activit3es and so as to promote the public
health, safety, morals, and general welfare, including
the aesthetic, social, economic, physical, and
environmental quality of the entire City in the context
of the metropolitan community. To bring about the
achievement of these objectives the Commission shall:
(a) establish community development objectives and
policies,
(b) make development plans,
(c) increase public understanding and acceptance of
planning practices,
(d) co-ordinate development actions affecting City
growth,
(e) make decisions relating to acceptance of
subdivisions (Subdivision Code),
(f) make recommendations to the City Couneil regarding
provisions of the Legislative Code (petitions and
applications for rezoning, conditional use permits,
variances, street and alley vacation, retention of
tax forfeit land, etc.),
(g) review all matters relating to or affecting the
physical development of the City,
(h) draft and recommend to the City Council for
adoption, regulations and ordinances authorizing
and empowering the enforcement of its findings and
conclusions relating to the physical development of
the City, and
(i) serve as a forum for citizen, business and
community involvement and expression on the above
mentioned elements.
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4.1 Number. Said Commission shall consist of seven persons
who have been a resident of the City for one year or
more on the date of appointment, (ii) the Planning and
Economic Development Director, and City Council member,
as ex-officio members. Eaeh member except the Planning
and Economic Director and City Council member shall
have the right to vote on all matters before the
Commission. Citizen member terms of office shall be
for two years.
4.2 Terms. Three citizen members shall be appointed on
July lst of each odd numbered year and four shall be
appointed on July lst of each even numbered year.
Citizen members appointed to cooplete a current term of
office shall be considered to have served a term of
office if the appointment is to an office which is less
than half completed. If the appointment is to an
office which is more than half completed the
appointment will not be considered a term of office.
Citizen members shall serve no more than two
consecutive terms of offiee. The Council member shall
serve for a term of one year and may be eligible for a
consecutive 1 year reappointment.
4.3 Removal. Members may be subject to removal by the
Mayor, for cause, but only after Council approval,
after notice and opportunity for a hearing before the
Council.
4.4 Absenteeism. If any member fails to attend four
regular meetings of the Commission per year, notice of
such failure may be cause for removal and forwarded by
the Chair to the Mayor and Council with the request for
removal of such members from the Commission.
4.5 Expenses. Members shall serve without salary, but cost
of sending notices, preparing and distributing minutes
and other elerical expenses shall be paid by the City
from the general fund together with such extraordinary
expenses as are authorized by the City Council.
ARTICLE V- OFFICERS AND DUTIES
5•1 Titles. The officers of this Commission shall be a
Chair, Vice-Chair and Secretary.
5.2 Duties of the Chair. The chair shall preside at all
meetings, appoint committees, rule on procedural
questions subject to reversal by a two-thirds vote of
members in attendance, exercise the same voting rights
as the other commissioners, assist City Admin3stration
in preparing annual Commission budget, and carry out
such other duties as are assigned by the Commission.
5•3 Duties of the Vice-Chair. The Vice-Chair shall act in
the absence or inability of the Chair to act and in
such instances shall have the powers and funetions of
the Chairman
5.0 Duties of the Secretary. The secretary shall oversee
the notifying of all members of ineetings, drafting and
circulating agendas, keeping on file all official
records and reports of the Commission, keeping written
record of Commission meetings, transactions and
actions, serving required notices of all public
hearings and public meetings, maintaining and
circulating information and carrying out such other
duties as are assigned by the Commission.
ARTICLE VI - ELECTION OF OFFICER
6.1 Term. Officers shall be elected by secret ballot at the
annual meeting of the Commission. Terms of office
shall be for one year and no member shall hold the
office of Chair or Vice-Chair for more than two years
consecutively. Officers shall serve until replaced by
a duly elected officer in accord with these procedures.
6.2 Nominating Committee. The Chair may appoint a
nominating committee to report to the Commission prior
to eleetion, but nomination of oFficers may also be
made from the floor.
6.3 Majority Required. Candidates for office receiving a
majority vote of the entire voting membership (four)
shall be declared duly elected.
6.4 Date of Office. Newly elected officers shall take
office immediately upon election.
6.5 Vacancies. Vacancies occurring in offices of the
Commission shall be filled forthwith by regular
election procedure.
ARTICLE VII - MEETINGS
7.1 Annual Meetin�s. An annual organizational meeting shall
be held at the regular meeting in July of each year.
Election of officers shall be conducted and proposed
amendments to by-laws may be acted upon.
7.2 Regular Meetin�s. F.egular meetings of the Commission
shall be held on the last Tuesday of each month at a
time and place agreed upon by the Commission at a prior
meeting. In the event that the regular meeting date
falls on a legal holiday, the meeting shall be held on
the following day.
7•3 Special Meetings. Special meetings may be called at the
discretion of the Chair, or by the written request of
at least three members who shall convey such request to
the secretary.
7.4 Notice of Meetinp,s. Notice in writing of annual
meetings setting forth the time and place thereof shall
be delivered to all Commission members at least twenty
days in advance of sueh meetings; notice in writing of
each regular oeeting shall be sent to all Commission
members at least five days in advance of such meeting
and notice in writing of any special meeting shall be
sent to all Commission members at least five days prior
to such meeting and shall state the time, place and
purpose and agenda of such meeting.
ARTICLE VIII - PRE-MEETING PROCEDURES
8.1 A�enda. The agenda for each meeting of the Commission
shall be developed in writing by the secretary of the
Commission, subjeet to approval by the Zoning
Administrator and Chair.
8.2 Application Deadlines. No matter shall be placed on the
agenda unless uritten request or petition, along with
necessary forms, legal deseriptions, maps, drawing,
etc., have been submitted to the Planning Department in
proper and correet form and unless the following
timetable has been observed:
(a) Rezonin�, Special Use Permit and Preliminary Plats:
(matter requiring published newspaper notice). For
rezoning, conditional use permits and preliminary
plats, all applications and referrals, including
required legal deseriptions, certified sufficient
petitions, maps, drawings, ete. shall be received
at a date set by the Zoning Administrator each
month. Applicants shall meet informally with the
Zoning Administrator and other city staff as
necessary prior to submittal of such application in
order to preliminarily diseuss required drawings
and possible planning implications.
(b) Al1 other matters: For all matters other than those
mentioned in (a) above, all applications and
referrals, including required legal deseriptions,
certified sufficient petitioris, maps, drawings,
etc., shall be received by the Planning Department
prior to the Commission meeting at which action may
be taken.
8.3 Reference to Committee. The Zoning Administrator and
Chair may refer any matter to Commission committee
before placing sueh matter on the agenda, and in such
event the pertinent eommittee shall meet and consider
said matter and report thereon before the Commission
takes final action. Also, any three members of the
Commission, may prior to or during full Commission
discussion, require that a matter be considered by a
Commission committee.
8.4 Reports. The Zoning Administrator shall prepare a
technical study or report on all matters to be heard
and shall mail such reports or findings to Commission
members at least one week before the Commission
meeting at which action may be taken.
8.5 Withdrawal. If a petitioner or applicant desires to
withdraw a matter from the agenda, such request must be
submitted to the seeretary in writing, and if any
public notice has been given, any persons appearing at
the noticed hearing on said petition or application
shall be entitled to be heard at said hearing.
ARTICLE IX - MEETING PROCEDORE
9.1 Rules of Order. Unless otherwise specifically
designated, Roberts Rules of Order, as most recently
revised, shall govern meeting procedures. However
deliberative sessions of the Commission shall be
conducted as informally as possible.
9.2 Quorum. A majority of the membership of the Commission
(four) shall constitute a quorum For meeting purposes;
however, no less than three affirmative or negative
votes shall be required to transact business or make
binding decisions on behalf of the Commission. Ex-
officio members are eligible for the purpose of
declaring a quorum but are non-voting members.
9•3 Conflict of Interest. Whenever a Commission member
shall have a direct or indirect personal or financial
interest in an application or petition before the
Commission, such member shall declare such interest and
shall not participate in any hearing on said matter;
shall absent himself from all deliberative sessions or
Commission discussion on said matter; and shall in no
event vote upon said matter. When there is question as
to the existence of a conflict of interest, the Chair
shall make ruling thereon. The member with the
conflict shall be required to leave the room during the
voting.
9.4 Suspension of Rules. The Commission may temporarily
suspend its rules by a three-fourths vote of inembers in
attendance.
9•5 Appearanee of Petitioner. No application or petition
shall be given final approval unless the applicant or
petitioner appears personally or by representative at
hearing called thereon, or makes satisfactory
explanation or presentation in lieu thereof. Such
appearance shall not be required in matters regarding
release of tax-forfeited "conservation" properties.
9•6 A�enda. Order of business at regular meetings shall be
basically as follows:
1. Call to order.
2. Roll call or determination of quorum.
3. Public hearings.
4. Consideration of minutes.
5. Communications.
6. Report of final disposition of matters
previously before the Commission.
7. Reports of officers and committees.
8. Consideration of matters regarding Commission
action.
9. Other business.
10. Adjournment.
9.7 Dispensation. A motion must be made and voted upon in
order to dispense with any item on the agenda. No
binding or final action shall be taken on any agenda
matter except at public, annual, regular, or special
meetings.
9•8 Non-A�e�da Matters. No binding or final action may be
taken on any matter not on the written agenda except by
unanimous vote of the members in attendance or two-
thirds vote (five) of the entire membership.
9•9 ContinuinR. A continuing motion if passed has the
effect of laying the matter over until the next regular
meeting unless otherwise specified.
9.10 Tablina. A tabling motion if passed has the effect of
laying the matter over indefinitely or until removed
from the table.
ARTICLE X- PUBLIC HEARING PROCEDURE
10.1 Time Limits. The proponents and opponents of any
petition or application shall be limited to a total
presentation period of thirty minutes each.
10.2 Order of A�pearanee. The proponents shall proceed
first, and no person shall speak more than once on a
matter before the Commission unless in answer to a
question by a Commission member or staff inember or
following suspension of the rules, except that
petitioner or his representative may be granted not
more than seven minutes to rebut the opposition
preseatation.
10.3 Termination of Hearinq. Upon close of publ3c hearing no
further presentation shall be alloxed except upon
suspension of the rules.
ARTICLE XI - SPECIALISTS
11.1 Special Committees & Observers. The Chair may appoint
sueh special committees and chairpersons thereof as
he/she may from time to time deem necessary.
ARTICLE XII - POLICY
12.1 Policy Statement. A written statement of policy of the
Commission shall be drafted and maintained at the
administrative offices.
12.2 Policy Revision. Said policy may be revised, amended or
added to at any regular or special meeting by a
majority of the entire membership and shall be reviewed
by the Commission or a committee thereof annually.
12.3 Policy Availability. The staff shall advise
petitioners, applicants or other interested persons of
applicable portions of said policy upon request.
ARTICLE XIII - AMENDMENT OF BY-LAWS
13•1 Amendment Procedure. These by-laws and rules of
procedure may be amended at any regular meeting by two-
thirds vote of Commissioners in attendance and notice
and copies of any proposed amendments shall be given
all Commissioners along with meeting notice. Each
Commissioner will receive at least thirty days written
notice of intent to amend, including the date, time and
place such amendment will be voted on, and an exact
copy of the amendment as proposed. Amendments require
two-thirds vote of the entire membership (five) of the
Commission passage; and in such instance only,
Commission members will be allowed to vote by written
proxy.
ARTICLE XIV - EFFECTIVE DATE
14.1 These by-laws shall take effect January 26, 1988 and
shall supersede all by-laws which might have been
earlier established for the City Planning and Zoning
Commission of Hopkins.
April 11, 2016
�%�kins
1010'jirstStreetSoutk • lfap(<ins, M91� 55343-7573 • Phane: 952-935-8474 •�a.�: 952-935-1834
`We6 a�Ldress: www.kopkinsmn.com
Mr. Mike Tait
Retail Eyes, LLC
16614 Lakeland Drive
Minnetonka, D4N 55345
RE: Planning & Zoning Cominission Residency Stams
Deaz Mike:
The purpose of this lettex is to document that you informed me on Maxch 29 that you have
tempoxarily moved outside the Cit}� but are actively looking for a new permanent xesidence within
Hopkins. As you know, the Planning & Zoning Comuussion's By-laws require membexs to reside
withui the City.
As we talked about over the phone on April 11, the City Council has agxeed to allow you to
continue as an active membex of the Planning & Zoning Commission for the xemaindex of your
term which ends on June 30 of this yeax. FaIlure to occupy a residence within the City by this date
could result in the City Council deciding to not xenew your term on the Couinvssion.
Please let me know if you have any questions and keep me infortned about your residency status.
Thanks.
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Jason Lindahl, AICP
City Plannex
Copies: Molly Cumnungs, Mayar
Mike Mornson, City Manager
Kexsten Elvenun, Planning & Economic Development D'uector
Pannering with the Cnmmunity ta Enhance the Quafity of Life
• Inspire � E�lutate � Inva[ve � Communitate •