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VII.3. First Reading: Review and Update of Regulations Governing the Planning & Zoning Commission; Lindahl (CR2016-102) October 4, 2016 City Council Report 2016-102 Review and Update of Regulations Governing the Planning & Zoning Commission Proposed Action: Staff recommends the following motions: • Move to adopt Resolution 2016-059, approving an amendment to the City of Hopkins Planning & Zoning Commission Bylaws. • Move to adopt Resolution 2016-60, approving Ordinance 2016-1114, amending Section 325 of the City Code related to the Zoning and Planning Commission Establishment. Overview This application was initiated by staff to update the regulations and Bylaws governing the Planning & Zoning Commission. The City Council reviewed this item on September 6, 2016, and was generally supportive of the proposed changes; however, the Council did vote to table this item and directed staff to revise the language related to business representation on the Commission and automatic removal for not maintaining residency or employment status. In consultation with the City Attorney, staff has revised this language in both the Bylaws and Section 325 of the City Code. All other proposed changes remain the same and are predominantly housekeeping items that eliminated inconsistencies among the three documents. The most significant changes move the Commission’s meetings from the last Tuesday to the fourth Tuesday of each month and empower the City Council to approve all changes to the Bylaws. Primary Issues to Consider • Legal Authority • Chapter 8 of the Hopkins City Charter – City Planning • City Code Section 325 – Planning & Zoning Commission • Planning & Zoning Commission Bylaws Revisions Supporting Documents • Resolution 2016-059 Approving an Amendment to the City of Hopkins Planning & Zoning Commission Bylaws • Resolution 2016-60 Approving Ordinance 2016-1114 Amending Section 325 of the City Code related to the Zoning and Planning Commission Establishment • Ordinance 2016-1114 Amending Section 325 of the City Code Related to the Zoning and Planning Commission Establishment • Revised Planning & Zoning Commission Bylaws • September 6, 2016, City Council Minutes • Chapter 8 of the Hopkins City Charter – City Planning • City Code Section 325 – Planning & Zoning Commission _____________________ Jason Lindahl, AICP City Planner Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________ Related Documents (CIP, ERP, etc.): _________________________________________ Notes: City Council Report 2016-102 Page 2 Planning & Zoning Commission Action On May 31 and August 30, 2016, the Planning & Zoning Commission reviewed Planning application 2016-12-TA to consider updates to the regulations and Bylaws governing this board. After hearing a summary presentation from staff, the Commission held a public hearing that produced no comment. After some general discussion, staff was directed to revise and update the Bylaws and Section 325 of the City Code. Based on these comments, staff has prepared the attached revised Bylaws and ordinance. Legal Authority. The formation, powers and duties of a planning commission are established in state law, the City Charter and City Code. Generally, the establishment and organization of a planning commission is left to the local government, while the powers and duties are detailed in state statute. Primary Issues to Consider Chapter 8 of the Hopkins City Charter. Staff has attached this chapter for your reference. It provides that City Council shall, with the assistance of the City Manager, and if desired, of an advisory City Planning Commission, prepare and adopt a complete plan for the future physical development and growth of the City and such surrounding areas as the state law may permit. This is the Charter’s only reference to the Planning Commission. As a result, staff recommends no changes to the Charter at this time; however, the Charter Commission may wish to review and update this language at its next meeting. City Code Section 325 – Planning & Zoning Commission. Section 325 of the City Code was last updated in 2003, and is attached for your reference. It refers to the Bylaws and summarizes many of its provisions. Based on the recommended changes to the Bylaws, staff also recommends approval of Ordinance 2016-1114, changing the title of this board from “Zoning and Planning Commission” to “Planning & Zoning Commission,” revising the language related to business representation on the Commission, and automatic removal for not maintaining residency or employment status. Planning & Zoning Commission Bylaws. The current Planning & Zoning Commission Bylaws were adopted on January 26, 1988. The Bylaws may be amended by a two-thirds vote of the Commission at any regular meeting. Staff recommends changes to Sections 2 - Origins and Powers, 3 – Duties and Objectives, 6 – Election of Officers, 7 - Meetings, 8 – Pre-meeting Procedure, 13 - Amendments, and 14 – Effective Date. Staff’s specific recommendations for each section of the Bylaws are detailed below. Article 2 - Origins and Powers. Section 2.1 states the Commission has the authority to approve plats. This is inconsistent with the subdivision regulations that state the Planning & Zoning Commission reviews plats, holds a public hearing and makes a recommendation to the City Council, but the City Council approves plat application. Staff recommends striking the language related to approving plats and adding language noting the Planning & Zoning Commission also serves as the Board of Adjustments and Appeals. Article 3 – Duties and Objectives. Section 3.2 lists the duties of the Planning & Zoning Commission. Item E states the Commission makes decisions relating to the acceptance of plats. Staff recommends amending this language to reflect the Commission makes a recommendation to the City Council regarding plat approval. City Council Report 2016-102 Page 3 Article 4 – Membership. Article 4 has been revised to include consistent language with Section 325 related to business representation on the Commission and automatic removal for not maintaining residency or employment status. Article 6 - Election of Officers. Section 6.4 states newly elected officers shall take office immediately upon election. Staff recommends amending this language to state they shall take office at the first meeting in July to reflect the current practice of holding the annual meeting and election of officers in May, but having new officers begin their term in July. Article 7 – Meetings. Section 7.1 states an annual organizational meeting shall be held at the regular meeting in July of each year and shall include the election of officers. This is inconsistent with current practice, which is to hold the annual meeting and election of officers during the May meeting. Staff recommends amending this section to reflect current practice. Section 7.2 states regular meetings of the Commission shall be held the last Tuesday of each month. Given that the number of Tuesdays in a month varies and the City Council and other advisory boards meet on specific days, staff recommends amending this section to reschedule the Planning and Zoning Commission meetings to the fourth Tuesday of each month. Since the City has already published the meeting schedule for the Planning & Zoning Commission for 2016, staff recommends this change begin in 2017. Staff also recommends adding language to this section clarifying how regular meetings may be canceled. Section 7.4 details the procedure for providing notice of annual, regular and special meetings to Commissioners. Staff recommends amending this section to specify calendar days and that notices for regular or special meetings shall be sent four days prior to the meeting to correspond to the schedule for distributing the agenda packet (see Section 8.4 – Reports below). Article 8 Pre-Meeting Procedures. Section 8.2(a) details the application deadline for rezoning, special use permit and preliminary plat applications. Staff recommends amending this language to be more general and all-inclusive to address all applications that require a published notice. Section 8.4 states that the agenda packet shall be mailed to the Commissioners at least one week prior to the meeting. Staff recommends amending this language to allow for other methods (electronic, etc.) of delivering the agenda packet. Article 13 – Amendment Procedure. The powers and duties of the Planning & Zoning Commission originate with the City Council. Given that the Planning & Zoning Commission was created, appointed and serves as advisory to the City Council, staff recommends adding language to this stating all amendments to the Bylaws are subject to City Council review and approval. Article 14 – Effective Date Section 14.1 states the effective date of the current Bylaws. Staff recommends updating this section to reflect the changes detailed above. City Council Report 2016-102 Page 4 Alternatives 1. Approve the amendment to the Bylaws and Section 325 of the City Code. By approving these items, the City Council will establish consistency between these documents and empower the City Council to approve future changes to the Planning & Zoning Commission Bylaws. 2. Deny the amendment to the Bylaws and Section 325 of the City Code. By denying these items, the inconsistencies between them will remain and the City Council will not have the authority to approve future changes to the Planning & Zoning Commission Bylaws. If the City Council considers this alternative, findings will have to be identified that support this alternative. 3. Continue for further information. If the Planning Commission indicates that further information is needed, the item should be continued. CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 2016-059 A RESOLUTION APPROVING AN AMENDMENT TO THE CITY OF HOPKINS PLANNING & ZONING COMMISSION BYLAWS WHEREAS, the City of Hopkins initiated an application to amend the City of Hopkins Planning & Zoning Commission Bylaws; and, WHEREAS, the procedural history of the application is as follows: 1. That an application to amend the City of Hopkins Planning & Zoning Commission Bylaws was initiated by the City of Hopkins on April 29, 2016; 2. That the Hopkins Planning & Zoning Commission, pursuant to published notice, held a public hearing on the application and reviewed such application on May 31, 2016: all persons present were given an opportunity to be heard; 3. That the written comments and analysis of City staff were considered, and this item was tabled to the August 30, 2016, meeting; 4. That the Hopkins Planning & Zoning Commission reviewed additional information regarding this item on August 30, 2016, and all persons present were given an opportunity to be heard; and, 5. That the City of Hopkins Planning & Zoning Commission approved Planning & Zoning Commission Resolution 2016-12, recommending the City Council approve this item. NOW, THEREFORE, BE IT RESOLVED that the City of Hopkins hereby approves an amendment to the City of Hopkins Planning & Zoning Commission Bylaws. Adopted by the City Council of the City of Hopkins this 4th day of October 2016. _______________________ Molly Cummings, Mayor ATTEST: ______________________ Amy Domeier, City Clerk CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 2016-060 A RESOLUTION APPROVING ORDINANCE 2016-1114, AMENDING SECTION 325 OF THE CITY CODE RELATED TO THE PLANNING & ZONING COMMISSION ESTABLISHMENT WHEREAS, the City of Hopkins initiated an application to amend the City of Hopkins Planning & Zoning Commission Bylaws; WHEREAS, the procedural history of the application is as follows: 1. That an application to amend the City of Hopkins Planning & Zoning Commission Bylaws was initiated by the City of Hopkins on April 29, 2016; 2. That the Hopkins Planning & Zoning Commission, pursuant to published notice, held a public hearing on the application and reviewed such application on May 31, 2016: all persons present were given an opportunity to be heard; 3. That the written comments and analysis of City staff were considered, and this item was tabled to the August 30, 2016, meeting; and, 4. That the Hopkins Planning & Zoning Commission reviewed additional information regarding this item on August 30, 2016, and all persons present were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED that the City of Hopkins hereby approves Ordinance 2016-1114, amending Section 325 of the City Code related to the Planning & Zoning Commission Establishment, based on the following: 1. Approval of this ordinance will create a consistent title for this board as the “Planning & Zoning Commission.” Adopted by the City Council of the City of Hopkins this 4th day of October 2016. _______________________ Molly Cummings, Mayor ATTEST: ______________________ Amy Domeier, City Clerk CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 2016-1114 AN ORDINANCE AMENDING SECTION 325 OF THE CITY CODE RELATED TO THE ESTABLISHMENT OF THE PLANNING & ZONING COMMISSION THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Sections 325 of the Hopkins City Code is the same and is hereby amended by adding the following underlined language and deleting the following strikethrough language, which reads as follows: 325.01. Subdivision 1. Zoning and planning commission established Establishment of the Planning & Zoning Commission. The Planning & Zzoning and planning cCommission is created and continued. The cCommission shall consist of seven persons of which no less than six shall have been a resident of the cCity for one year or more on the date of appointment;. At the sole discretion of the City Council, one member may be a manager, business owner, or employee of or have a substantial ownership stake in a business that is located within the corporate city limits of the City of Hopkins. The Commission shall also have 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 cCommission. Members who discontinue legal residency in the City or fail to fail to maintain the requirements to be eligible to serve as a business representative shall automatically be deemed to have resigned from the Commission as of the date of such discontinuance. Citizen m Member terms of office shall be for two years. Three citizen members of the cCommission 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 m 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 mMembers 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 cCommission shall serve without compensation other than such compensation as its members may receive for other services performed for the cCity. 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-Bylaws. The commission shall elect a chairperson from among its members and such other officers as its by-Bylaws may provide. The chairperson shall not be the business-owner business owner or employee unless that member is also a resident of Hopkins. The cCommission shall adopt by Bylaws governing its procedures. (Amended Ord 2003-905) Subd. 3. Other duties. The cCommission 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. First Reading: October 4, 2016 Second Reading: October 18, 2016 Date of Publication: October 27, 2016 Date Ordinance Takes Effect: October 27, 2016 ______________________ Molly Cummings, Mayor ATTEST: _______________________ Amy Domeier, City Clerk CITY OF HOPKINS PLANNING & ZONING COMMISSION BY-LAWS BYLAWS CITY OF HOPKINS PLANNING & ZONING COMMISSION BY-LAWS BYLAWS 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 to the City Council. The Commission is also the Board of Adjustments and Appeals as provided for in the zoning code and has the powers and duties assigned to it by the zoning code and by law. ARTICLE III - 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 functions. 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 activities 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) M ake development plans, (c) Increase public understanding and acceptance of planning practices, (d) Coordinate development actions affecting City growth, (e) Make decisions recommendations to the City Council relating to acceptance of subdivisions (Subdivision Code), (f) Make recommendations to the City Council 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) D raft 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) S erve as a forum for citizen, business and community involvement and expression on the above mentioned elements. ARTICLE IV - MEMBERSHIP 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. Each member except the Planning and Economic Development 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. 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. At the sole discretion of the City Council, one member may be a manager, owner, or have a substantial ownership stake in a business that is located within the corporate city limits of the City of Hopkins. The Commission shall also have 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. 4.2 Terms. Three citizen members shall be appointed on July 1 st of each odd numbered year and four shall be appointed on July 1st of each even numbered year. Citizen m M embers 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 will not be considered a term of office. Citizen mMembers shall serve no more than two consecutive terms of office. The Council member shall serve for a term of one year and may be eligible for a consecutive 1 one-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. Members who discontinue legal residency in the City or fail to fail to maintain the requirements to be eligible to serve as a business representative shall automatically be deemed to have resigned from the Commission as of the date of such discontinuance. 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 clerical 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 Administration 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 functions of the Chairman. 5.4 Duties of the Secretary. The secretary shall oversee the notifying of all members of meetings, 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 election, 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 at the regular meeting in July. 6.5 Vacancies. Vacancies occurring in offices of the Commission shall be filled forthwith by regular election procedure. ARTICLE VII - MEETINGS 7.1 Annual Meetings. An annual organizational meeting shall be held at the regular meeting in July May of each year. Election of officers shall be conducted and proposed amendments to by-laws may be acted upon. The annual meeting shall be devoted to the election of officers and may include amendments to the Byl aws, consideration of an annual work plan or other business as shall be scheduled by the Planning & Zoning Commission. 7.2 Regular Meetings. Regular meetings of the Commission shall be held on the last fourth Tuesday of each month at a time and place agreed upon by the Commission at a prior meeting. At such meetings, the Commission may consider all matters properly brought before the Commission. A regular meeting may be cancelled or rescheduled by the Commission at a prior meeting, or by the Chair, the City Council or Mayor. 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 Meetings. Notice in writing of annual meetings setting forth the time and place thereof shall be delivered to all Commission members at least twenty calendar days in advance of such meetings; notice in writing of each regular meeting shall be sent to all Commission members at least five four calendar days in advance of such meeting and notice in writing of any special meeting shall be sent to all Commission members at least five four calendar 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 Agenda. The agenda for each meeting of the Commission shall be developed in writing by the secretary of the Commission, subject to approval by the Zoning Administrator and Chair. 8.2 Application Deadlines. No matter shall be placed on the agenda unless written request or petition, along with necessary forms, legal descriptions, maps, drawing, etc., have been submitted to the Planning Department in proper and correct form and unless the following timetable has been observed: (a) Rezoning, Special Use Permit and Preliminary Plats: (M atter R equiring P ublished N ewspaper N otice). For rezoning, conditional use permits and preliminary plats, A ll applications and referrals, including required legal descriptions, certified sufficient petitions, maps, drawings, etc.,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 discuss required drawings and possible planning implications. (b) All other matters: F or all matters other than those mentioned in (a) above, all applications and referrals, including required legal descriptions, certified sufficient petitions, 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 such matter on the agenda, and in such event the pertinent committee 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 provided such reports or findings to Commission members at least one week four calendar days 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 secretary 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 PROCEDURE 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 members in attendance. 9.5 Appearance 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 Agenda. 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-Agenda 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 Continuing. A continuing motion if passed has the effect of laying the matter over until the next regular meeting unless otherwise specified. 9.10 Tabling. 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 Appearance. 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 member or following suspension of the rules, except that petitioner or his representative may be granted not more than seven minutes to rebut the opposition presentation. 10.3 Termination of Hearing. Upon close of public hearing no further presentation shall be allowed except upon suspension of the rules. ARTICLE XI - SPECIALISTS 11.1 Special Committees & Observers. The Chair may appoint such 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 bylaws 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 for passage; and in such instance only, Commission members will be allowed to vote by written proxy. All amendments are subject to City Council review and approval prior to taking effect. ARTICLE XIV - EFFECTIVE DATE 14.1 These by-laws bylaws shall take effect January 26, 1988 and shall supersede all by-laws bylaws which might have been earlier established for the City Planning & and Zoning Commission of Hopkins. HOPKINS CITY COUNCIL REGULAR MEETING PROCEEDINGS SEPTEMBER 6, 2016 CALL TO ORDER Pursuant to due call and notice thereof a regular meeting of the Hopkins City Council was held on Tuesday, September 6, 2016 at 7:02 p.m. in the Council Chambers at City Hall, 1010 Pirst Street Soutb, Hopkins. Mayor Cummings called the meeting to order with Council Members Kuznia, Halverson, Gadd and Campbell attending. Staff present included City Manager Momson, Hopkins Center for the Arts Executive Director Anderson, City Clerk Domeier, Planning and DevelopmenT Du-ector Elverum, Finance Director Harkess, Assistant City Manager Lenz, City Planner Lindahl, Police Chief Reynolds, City Attomey Riggs, Hopkins Police Cultural Liaison Ross and Public Works Director Stadler. ADOPTAGENDA Motion by Gadd. Second by Kuznia. Motion to Adopt Agenda. Ayes: Kuznia, Halverson, Cummings, Gadd, Campbell. Nays: None. Motion carried. PRESENTATIONS 111.1. Appointment and Oath of Commissioners — Park Board Members Cooper and Kaczmarek (CR2016-081) City Clerk Domeier issued the Oath of Office to new Park Board Commissioners Laura Cooper and Kyle Kaczmarek n4ayor Cummings welcomed the new members and thanked them for their service to the Ciry of Hopkins. 111.2. Proclamation Honoring Kathryn Johnson for participating in the Rio 2016 Olympic Summer Games; (Memo) Mayor Cummings commented that tbe Council as proud of Ms. Johnson for representing our city, state and nation at the 2016 Olympic games. Ms. Johnson gave an overview of her experience at the Olympic games and Mayor Cummin s read the proclamation honoring Kathryn Johnson for her accomplishments. 111.3. Summer Youth Police Program Chief Reynolds and Cultural Liaison Julia Ross gave an overview of the Summer Youth Police Program and thanked the City Council far their suppo rt. Ms. Ross commented that the program was designed to reach out to Hopkins youth agesl2-15 years old and that ten youth committed to the 9-week summer program. Ms. Ross thanked area businesses and community organizations for their partnership and suppa7 of the program. Four students from t6e Summer Youtb Police Program came forward and discussed what they learned during the 9-week program. Mayor Cummings thanked the students for tUeir involvement and the Police Department for their continued involvement in the Hopkins community. HOPKINS CITY COUNCIL REGULAR MEETING PROCEEDINGS SEPTEMBER 6, 2016 CONSENT AGENDA Motion by Kuznia. Secand by Gadd. Motion to Approve the Consent Agenda. 1. Minutes of the August ] 6, 2016 Joint Meeting Proceedings 2. Minutes of the August 16, 2016 City Council Regular Meeting Proceedings 3. Minutes of the August 16, 2016 Work Session following Regular Meeting Proceedings 4. Revise Legislative Policy 6-E — Finance Billing Collection Policy; (CR2016-080) 5. Extension of On-Sale Liquor License Premise for Pub 879; (CR2016-085) 6. Ratify Checks issued in August, 2016 Mayor Cummings asked about the revisions to the Finance Billing Collection Policy and the On- Sale Liquor License for Pub 819. Finance Director Harkess provided an explanation of the finance charge and interest rate and commented that there were no changes to the policy just clarification. City Clerk Domeier explained that businesses were notified regarding the street closure and will clarify if area residents were also notified and update the Council. Ayes: Kuznia, Halverson, Cummings, Gadd, Campbell. Nays: None. Motion carried. NEW BUSINESS VII.1. Off-Sale Liquor License Request — Lee Liquor LLC DBA Hopkins Liquor; (CR2016- 084) City Clerk Domeier provided a summary of the staff report. Ms. Domeier commented that the Police Department has completed the background check and found no issues. Mr. Lee of Lee Liquor LLC came forward to address the Counci] and discussed his business. Mayor Cummings welcomed Mr. Lee to the Hopkins community and encouraged communication with the Police Dcpartmcnt. Motion by Gadd. Second by Campbell. Motion to grant an off-sale liquor license to Lee Liquor LLC DBA Hopkins Liquor. Ayes: Halverson, Kuznia, Cummings, Gadd, Campbell Nays: None. Motion carried. VII.2. First Reading: Review and Update of Regulations Governing the Planning & Zoning Commission; (CR2016-089) City Planner Lindahl gave an overview of the updates to the regulations and Bylaws governing the Planning & Zoning Commission. The proposed changes are mainly housekeeping items and eliminate inconsistencies among the documents that regulate the Planning & Zoning Commission. The staff and the Planning & Zoning Commission have reviewed the changes are recommending approval. Mr. Lindahl reviewed the details of the recommended changes. HOPKINS CITY COUNCIL REGULAR MEETING PROCEEDINGS SEPTEMBER 6, 2016 Counci] Member Kuznia asked about the procedure to provide commission members with agenda packets. Mr. Lindahl commented that the current practice is to mail and email the agenda packet. Mayor Cummings asked aUout the makeup of inembers on the commission. Mr. Lindahl commented that the one commission member may include a Hopkins business owner or employee. There was Council discussion regarding the terminology and eligibility of a business owner serving on the commission. City Attorney Riggs commented that the language referencing a business owner or business interest could by updated and brought back to Council for review. Mayor Cummings asked about changes in membership status of the commission members. City AYtorney Riggs commented that a statement could be added that commission men bers need to provide notice if eligibility requirements are no longer being met. The consensus of the Council was to remove the item from the agenda, update the language in the regulations and bring the item Uack before Council at a future meeting. VII.3. Resolution Requesting Concurrent Detachment from Hopkins and Annexation to Minnetonka City Planner Lindah] provided a summary of the staff report, gave an overview of the propeRy location and commented that the City Attomeys from Minnetonka aud Hopkins have drafted and reviewed the doeuments. Mayor Cummings asked about the reasons for the annexation. City Planncr Lindahl commented that the CiCy of Minnetonka is expanding their public works facility. City of Minnetonka Public Works Director and City Planner came forward and gave an overview of the proposed project. City Attorncy Riggs commcnted on the process and that documents have been reviewed. Motion by Kuznia. Second by Halverson. Motion to Approve Resolution 2016-061, Requesting Concurrent Detachment from Hopkins and Annexation to Minnetonka of CerCain Lands Pursuant to Minnesota Statute Section 414.061. Ayes: Halverson, Kuznia, Cummings, Gadd, Campbell Nays: None. Motion carried. VII.4. Revised Hopkins Center for the Arts Budget and Approve Loan Forgiveness Finance Director Harkess gave an oveiview of the 2016 budget changes for the Hopkins Center for the Arts. The changes will be taken into consideration when making the annual revisions to the Financial Management Plan. Finance Director Harkess discussed the intemal loan from the Economic Development Fund for the building of the Hopkins Center for the Arts. The Hopkins Center for the Arts does not bave the resources to repay tbe loan_ The Economic Development Fund has the resources to write off loan. HOPKINS CITY COUNCIL REGULAR MEETING PROCEEDINGS SEPTEMBER 6, 2016 Council Member Campbell asked about the actual budget amounts. Finance Director Harkess commented that staff looked at the past 3-year budget actuals when making adjustments. Council Member Gadd asked about rental income. Ms. Harkess commented that staffwill provide a review of the Hopkins Center for the Arts at the October 1 1` Council Work Session. Council Member Kuznia commented that removing the debe would help the City secure their bond rating. Ms. Harkess commented that the result would help the financial position of the Hopkins Center for the Arts. Mayar Cummings asked about admission revenues and the donation from the Albert Pike Lodge. Art Center Executive Director Anderson commented that the majority of the Albert Pike funds were deposited in the city budget with $4500 used by The Friends for updated sofrware. Ms. Anderson commented that ticket sales wcre currently higher than budgeted. Motion by Kuznia. Second by Campbell. Motion to Approve Hopkins Center for the Arts 2016 budget be modified increasing expenditures from $903,667 to $946,714. Ayes: Halverson, Kuznia, Cummings, Gadd, Campbell Nays: None. Motion carried. Motion by Gadd. Secand by Halverson. Motion to that the $300,000 loan between the Economic Development Fund and the Hopkins Center for tl e Arts be forgiven. Ayes: Halverson, Kuznia, Cummings, Gadd, Campbell Nays: None. Motion carried. VII.S. Approve Proposed 2016 HRA/EDA Tax Levy; (CR2016-083) Finance Director Harkess gave an overview of the proposed HRA/EDA Tax Levy and deadlines. StafF is rccommcnding that thc Lcvy bc sct at thc maximum allowcd by statc law and thc budgct review would allow for the opportunity to reduce but not increase the Levy. Finance Director Harkess commented that the Levy is based upon market value. Counci] would like to review the market value of the previous year. Staff will gather the information and update the Council. Mofion by Gadd. Second by Kuznia. Motion to Approve Resolution 2016-057 approving proposed 2017 HRA tax levy. Ayes: Halverson, Kuznia, Cummings, Gadd, Campbell Nays: None. Motion carried. HOPKINS CITY COUNCIL REGULAR MEETING PROCEEDINGS SEPTEMBER 6, 2016 ANNOUNCEMENTS Hopkins Farmers Market: Every Saturday through October 29 — 730 a.m. to Noon Tbe City Council wil] be at the Hopkins Farmers Market on the last Saturday of the month. The Higway169 construction project date has been rescheduled to January 2017 with a 9-10 month project schedule. ADJOURNMENT There being no further business to come before the City Council and upon a motion by Kuznia, second by Campbell, the meeting was unanimously adjourned at 829 p.m. OPEN AGENDA — PUBLIC COMMENTS AND CONCERNS The City Council did not receive any comments or concems. Respectfully Submitted, Debbie Vold ATTEST: Cz,- -;,(,/ Molly ummings, Mayor Amy Domeier, City Clerk City of Hopkins Charter CITY PLANNING Section 8.01. THE CITY PLAN. The City Council shall with the assistance of the City Manager, and if desired, of an advisory City Planning Commission, prepare and adopt a complete plan for the future physical development and growth of the City and such surrounding areas as the State law may permit. Such plan may be altered from time to time. It may include provisions for zoning, for the platting and development of new areas, for the planning and location of public buildings, parks, playgrounds, bridges, transportation lines and other public places, as well as for other matters which may seem essential to such a plan. Section 8.02. ENFORCEMENT OF CITY PLAN. The Council shall have all the necessary power to enforce complete adherence by all persons to the plan adopted as the City Plan. 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.