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11-30-1976 A regular meeting of the Zoning and Planning Commission was held on Tuesday, November 30, 1976, at 7:30 p.m. in the Council Chambers of the City Hall. �� Present were Chairman Arnold, members Gaskell, Hance and Morrill. Also present were City Engineer Strojan, Zoning Administrator Kohnen and City Planner Hawks. Item: Approve and sign minutes of October 26, 1976 meeting. Action: Mrs. Morrill moved and Mr. Gaskell seconded a motion to approve and sign the minutes of October 26, 1976. Motion carried. Item: Discussion of old and new business by commission members and staff. Mr. Gaskell moved and Mrs. Morrill seconded a motion to ask the Council to reconsider for appropriate action the Rudy Luther property rezoning tabled at the November 2, 1976 meeting. Motion carried. Mr. Arnold expressed concern over the decision to deny the County Road #3 revisions. Mrs. Morrill thought that the commission should look at it again in a year or so because the traffic projections were not of great increase at this time. Mr. Gaskell would like to have more complete details of changes for all highway revision plans. The commission would like to have John Strojan explain the types of road systems in Hopkins at the meeting in February and � present the County five year plan. The Commission would also like to have someone from the County present at the February meeting. Mrs. Morrill asks that Chairman Arnold send a letter to the Mayor asking him to please fill the open positions on the commission. Mrs. Morrill requests that agendas and minutes of the HRA and Charter Commission be sent to her. Mrs. Morrill and Mr. Hawks will give a presentation on contract developing at the February meeting. Mrs. Morrill requests staff to contact Cricket Photo because the landscape work is not completed as was specified in their plan review. Parking requirements at St. Johns were discussed by the commission and staff. It was pointed out that St. Johns does not have the required parking spaces, they are not marked and the necessary fence between the road and parking area was not installed. The staff was instructed to check to see if the parking is sufficient and report back to the commission at the December meeting. �.. Case No: 76-18 Application by Dr. J. J. Garamella of 236 Oakwood Road for a variance to the allowable aggrecrate square footage of a garage of 700 square feet in the R-1 District to 792 square feet. Mr. Hank Dagwalt, representative from Sussel Company, explained the request for the variance for a three stall garage with option of a fourth stall for storage of vehicles. Mr. Hawks report recommends studying allowable square footage of accessory buildings. 5taff reports that there have been no objections from neiahboring residents notified of the request. The Commission expressed concern over the allowable square footage of accessory buildings and feels that some adjustment should be made but are not sure which method would be correct. Mr. Hawks suggested using a percentage of rear yard for figuring the allowable square footage for accessory buildings and still have a maximum figure. Homes built on large lots or several combined lots would have the necessary square �-- footage for larger garages. Action: Mr. Gaskell moved and the chair seconded a motion to recommend to the Council approval of the variance of 700 square feet in the R-1 District to 792 square Planning Commission minutes of November 30, 1976 continued. � feet for a garage to be constructed at 236 Oakwood Road. Motion carried. Staff was requested to prepare a study of the typical house and lot size for the next meeting. Mr. Hance left the meeting at 9:10 p.m. Item: Discussion of the By-laws report prepared by Mr. Hawks. � 1. The commission felt that the time for closing of the aaenda for items to be officially heard at the next regular meeting could be changed from three weeks to two weeks on items that do not have to be published in the newspaper. Items that have to be published in the newspaper would have to remain at the 21 days prior to public hearing. 2. The agenda and staff reports are to be received by the Commission members no later than six calendar days prior to the meeting. 3. The Planning Commission shall make a decision within 65 days after the item first appears on the agenda unless by mutual consent with the applicant the time is extended an additional 65 days. 4. The Council shall make a decision within 65 days after the first Council meeting after referral from the Planning Commission. � Action: Mr. Gaskell moved and Mrs. Morrill seconded a motion to adopt the By-laws as modified above, to be effective January l, 1977, and have the staff send a copy to the Council for their information. Motion carried. Action: Mrs. Morrill moved and Mr. Gaskell seconded a motion that the meeting be adjourned. Motion carried. MEMBERS: �._.�_,�r�;�.. �\ �_�_� , `\ c_�)Zti..�� ;�7� . ���� '�-�'`�- �-7 � ATTEST: __ , , , . � � ._ ,� .,,��.;;�� - � _i��,,,, David Arnold, Chairman � , � BY-LAWS for Zoning and Planning Commission of the City of Hopkins adopted November 3, 1976 effective January 1, 1977. � � � � v � CITY OF HOPKINS PLANNING AND ZONING COMMISSION BY-LAWS TABLE OF CONTENTS PAGE ARTICLE I - IDENTITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . l ARTICLE II - ORIGIN AND POWERS. . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE III - DUTIES AND OBJECTIVES. . . . . . . . . . . . . . . . . . 1 ARTICLE IV - MEMBERSHIP. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE V - OFFICERS AND DUTIES. . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE VI - ELECTION OF OFFICE RS. . . . . . . . . . . . . . . . . . . . 4 ARTICLE VI� - MEETINGS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 �-- ARTICLE VIII - PRE-MEETING PROCEDURES. . . . . . . . . . . . . . . . 5 ARTICLE IX - MEETING PROCEDURE. . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE X - PUBLIC HEARING PROCEDURE. . . . . . . . . . . . . . . . . 8 ARTICLE XI - COMMITTEES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE XII - POLICY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE XIII - AMENDMENT OF BY-LAWS. . . . . . . . . . . . . . . . . 10 ARTICLE XIV - EFFECTIVE DATE. . . . . . . . . . . . . . . . . . . . . . . . 10 � � PLANNING AND ZONING COMMISSION BY-LAWS ` CITY OF HOPKINS 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 350 of the Hopkins City Code. 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 quasijudicial 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, and general welfare, including but not limited to, 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 Council regarding provisions of the Legislative Code (petitions and applications for rezoning, street and alley vacations, special use permit, concurrent use permits, 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 con- clusions 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. � ARTICLE IV - MEMBERSHIP 4.1 Number. Said Commission shall consist of seven citizen members who are eligible voters residing within the city limits of Hopkins. Six of whom shall be appointed by the Major, subject to confirmation by the City Council. The seventh shall be a council member designated as their representative by the Council. 4.2 Terms. Members shall be appointed for terms of three years. Any vacancy in membership shall be filled by appointment by the Major subject to con- � firmation by the City Council, and such vacancy appointments shall be for the unexpired term of the vacating member. Two members shall be appointed each year. 4.3 Removal. Members shall be subject to removal by the Mayor, for cause, � but only after council approval following notice to the member and opportunity for a hearing before the Council. 4.4 Absenteeism. If any member fails to attend three consecutive regular ... meetings of the Commission, notice of such failure shall be forwarded by the Chairman to the Mayor and Council with the request for removal of such member from the Commission. 4.5 Expenses. Members shall serve without salary, but the 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 extra- ordinary expenses as are authorized by the City Council. ARTICLE V - OFFICERS AND DUTIES 5.1 Titles. The officers of this Commission shall be a Chairman, Vice- Chairman and Secretary. The Chairman and Vice-Chairman shall be citizen � members of the Planning Commission. 5.2 Duties of the Chairman. The Chairman shall preside at all meetings, appoint committees, rule on procedural questions subject to reversal � by a two-thirds vote of inembers in attendance, exercise the same voting rights as the other commissioners and carry out such other duties as are assigned by the Commission. 5.3 Duties of the Vice-Chairman. The Vice-Chairman shall act in the absence or inability of the Chairman to act and in such instances shall have the powers and functions of the Chairman. 5.4 Duties of the Secretary. The secretary shall be responsible for notifying all members of ineetings, drafting and circulating agendas, performing �' research work and preparing reports as are necessary to fully advise the Commission of all facts on matters before the Commission, 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 cir- culating minutes, reporting on and attending to correspondence of the Commission and carrying out such other duties as are assigned by the Commission. ... ARTICLE VI - ELECTION OF OFFICERS 6.1 Term. Officers shall be elected by ballot at the annual meeting of the Commission. Terms of office shall be for one year and no member shall hold the office of Chairman or Vice-Chairman 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 Chairman 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 Majori� Rec�uired. Candidates for office receiving a majority vote of � the entire 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 Meetings. An annual organizational meeting shall be held the second Tuesday of September of each year. Election of officers shall be conducted and proposed amendments to by-laws may be acted upon. _ 7.2 Re�ular Meetings. Regular 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 follow- ing day. ` 7.3 Special Meetings. Special meetings may be called at the discretion of the Chairman, 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 days in advance of such meetings; notice in writing of each regular meeting 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 Aqenda. 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 Chairman. � 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 in conformity with the ordinances, and unless the following timetable has been observed: (a) Rezonings and Special Use Permits (matters requiring published newspaper notice) . For rezonings and special use permits all applications and referrals, including required legal descriptions, certified sufficient �" petitions, maps, drawings, etc. shall be received by the Planning De- partment at least 14 days prior to the Commission meeting at which action may be taken. Applicants shall meet informally with the Planning Department Staff prior to submittal of such application in order to `, preliminarily discuss required drawings and possible planning impli- cations. (b) Preliminary^Plats: Preliminary plats shall be received by the Planning Department at least 28 daxs prior to the Commission meeting at � which action may be taken. Applicants shall meet informally with the Planning Department staff prior to submittal of such applications in order to preliminarily discuss required drawings and possible planning implications. (c) All other matters: For all matters other than those mentioned in (a) and (b) above, all applications and referrals, including required legal descriptions, certified sufficient petitions, maps, drawings, etc. , shall be received by the Planning Department at least two weeks prior to the Commission meeting at which action may be taken. 8.3 Reference to Committee. The planning director and chairman 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 staff secretary shall prepare a technical study or report on all matters to be heard and shall mail such reports or findings to Commission members 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 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 procedure. How- ever, deliberative sessions of the Commission shall be conducted as � informally as possible. 9.2 uorum. 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 in behalf of the Commission. 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; and shall in no event vote upon said matter. When there is question as to the existence of a conflict of interest, the chairman shall make ruling thereon. 9.4 Suspension of Rules. The Commission may temporarily suspend its rules by a three-fourths vote of inembers in attendance. �- 9.5 Ap.pearance of Petitioner. l�fo 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 expla- nation or presentation in lieu thereof. Such appearance shall not be required in matters regarding release of tax-forfeited "conservat.ion" 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 atten- dance or two-thirds vote (five) of the entire membership. 9.9 Tabling. A tabling motion if passed has the effect of laying the matter over until the next regular meeting unless otherwise specified. � 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 Ap�earance. 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 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 Standing S�ecialists. There shall be standing committees of at least three members each appointed by the chairman for the purpose of determining policies of the Commission and executing its orders and meeting, deciding � and reporting of all other matters referred to such committees. The members of the standing committees shall be appointed at the next � regular meeting following the annual meeting and shall serve for the term of one year or until a successor is appointed. The standing committees shall be as follows: 1. Business Community 2. Parking Committee 3. Metro Council - transportation 4. Community Development 5. HRA - HUD 6. Charter Commission 7. School District ..- 8. Parks, Parkways and Recreational Areas 9. Capital Improvement Committee � 11.2 Special Committees and Observers. The chairman may appoint such special committees and chairmen thereof as he 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 annual 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. No interim amendments shall be allowed unless each commissioner receives at least thirty days written notice of intent to amend, including the date, time and place such amend- ment will be voted on, and an exact copy of the amendment as proposed. Interim 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. �,. ARTICLE XIV - EFFECTIVE DATE 14.1 These by-laws shall take effect January l, 1977, and shall supersede all by-laws which might have been earlier established for the City Planning � and Zoning Commission of Hopkins. � �