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Memo2MEMORANDUM DATE: December 17, 1987 TO: Zoning and Planning Commission FROM: Nancy S. Anderson SUBJECT: Updating By -Laws The enclosed Zoning & Planning By -Laws have been updated. During the past few years there have been ordinance changes which have made the existing By -Laws outdated. We have gone through the By -Laws and updated them to reflect the present ordinances and positions in the City. Your action is to approve and adopted the proposed 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 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) make development plans, (c) increase public understanding and acceptance of planning practices, (d) co- ordinate development actions affecting City growth, (g) (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, conditional use permits, variances, street and alley vacation, retention of tax forfeit land, etc.), 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. ARTICLE IV - MEMBERSHIP 4.1 Number. Said Commission shall consist of seven eitIsen membepe wbe -aPe- eligible- vebees persons Pesiding- within bhe- e443r --l4. 4.t .e- o(f- 4I.o.p4E4n -s 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 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 City --M.a g-e. 4144141-- City - -gsel .cep- -ell- 1-- b -e-- ew- eeeleie membepe. • 4 .2 Terms. Members-e a44 -- }e- d-- Ao-p- temaa- e€ -t4 ee yea +s, - - - - xaaasay-- t-n-1embe.p.s.h4!p- shall- b-e- 4 ..1 -e4 -by appe 4a4mea4- by -bhe- Magee- swb4eei- be- eea €4rma4 4e11-bar -the 6t4y -4kKK o41--- aa4 --e -- V&Oa Hey- effo4.a4mea4-be cep --t. e--i as pirr+ -- 4evia- 44=4,444•- asaa4tag- mK- - -Tire members-- 4e-- be-- appe4R ea-- eaek- -yeaP, Three citizen members 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 will not be considered a term of office. Citizen members 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 year reappointment. 4.3 Removal. Members s 7..1 be subject Mayor, for cause, but only after after notice and opportunity for a to removal by the Council approval, hearing before the / r r 4.4 Absenteeism. If any member fails to attend 4th ee U fr regular meetings of the Commission per year, notice of L IY'"1 such failure Council. be forwarded by the Chairman to the �Q ( 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 -m-an, Vice- Chairm-aa and Secretary. The - GileArnalen and-- Viee- Ghalpmaa - -s• ball - --o i- san- 4mKab4 44--- 44 - -4he PlaaRing- 6emm4setea. 5.2 Duties of the Cha r ms, The chair*axi_ 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. 4 5.3 Duties of the Vice - Chairs. The Vice - Chairman shall act in the absence or inability of the Chairmen to act and in such. instances shall have the powers and functions of the Chairmen 5.4 Duties of the Secretary. The secretary shall oversee the notifying of all members of meetings, drafting and circulating agendas, per €epstag - -.re •ea -re i--- w.or4c - --aad ppepaptag- repev4e -as- ra so- - € *Ily- advise -tke Gemmteaten, 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 m4aates -refo .r4$ ea- r- d-- atteadiag- fio - -aapP •spe• -c .maa -e '-- 1Waa-- Gemmiaetea 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 pr+ee44ent Chairmen or vtee- pPestdei t Vice- Chairmoa 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 ppesidertt 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 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 Meetings. An annual organizational meeting shall be held at the seeea4- u a.y - -e4' -- Septemer 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 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 following 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 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 Plaaatag Pteeetee 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: (matter requiring published newspaper notice). For rezoning, conditional use permits and preliminary plats, all applications and referrals, including required legal descriptions, certified sufficient petitions, maps, drawings, etc. shall be received at least - three- weeps- peter+ -te- the- Gemmteetea meettag- at- watch- aettea- may- be- taken a date set by the Zoning Administrator each month. Applicants shall meet informally with the Zoning Pepa+tMeat Sta €€ 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: For 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 at - leas4 - 4we - weeks prior to the Commission meeting at which action may be taken. 8.3 Reference to Committee. The P ana#ag .D4 Zoning Administrator and Chaitawn 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. Reports. The ea € €-- s -e-o-pa .a!Py 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 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 par ic in any hearing on said matter; -- MSIT sn shall absent , s 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 Chairs 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 indefinately mat11- t.he-- - rre*t regulaP-- meat-i- rig -- unless- -(AAe -rw-i - speei €iee. 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 Chairman may appoint such special committees and chairmee 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 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 and shall supersede all by -laws which might have been earlier established for the City Planning and Zoning Commission of Hopkins.