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HomeMy WebLinkAboutRatify City Planning Board Bylaws Report compiled on March 22, 2006 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Andrew Epple, Planning Director Chris Kukulski, City Manager SUBJECT: Planning Board By-laws MEETING DATE: Monday, March 17, 2008 RECOMMENDATION: Ratify the Planning Board By-laws as proposed BACKGROUND: On Tuesday, March 4, 2008 the Planning Board approved the proposed amendments to the board’s by-laws. The proposed amendments would strike the zoning budget, amend the membership terms to align with Ordinance No. 1686, clarify the timing of the election of officers, clarify noticing requirements, add public comment to regular meetings, and changes the order or presentation within a public hearing. UNRESOLVED ISSUES: None FISCAL EFFECTS: None ALTERNATIVES: As suggested by the City Commission. Respectfully submitted, _________________________________ _________________________________ Andrew Epple, Director Chris Kukulski, City Manager Attachments: Planning Board By-laws with proposed amendments 216 PLANNING BOARD BY-LAWS – DECEMBER 20, 1999 As proposed February 5, 2008 1 BY-LAWS OF THE CITY OF BOZEMAN PLANNING BOARD ADOPTED: DECEMBER 20, 1999 ARTICLE I - CREATION The City of Bozeman Planning Board was created in by Ordinance No. 1508, which was finally passed, adopted, and approved on the 20th day of December, 1999. ARTICLE II - OBJECTIVES The objectives of the City of Bozeman Planning Board (hereinafter referred to as the Board) are to advise and assist the Bozeman City Commission in improving the health, safety, convenience and general welfare of the residents living within the City of Bozeman. A. PLANNING OBJECTIVES The Board shall encourage local units of government to improve and plan for the future development of the City of Bozeman and areas adjacent to the City to the end that highway systems be carefully planned; that new community centers grow only with adequate highway, utility, health, educational, and recreational facilities; that the needs of agriculture, industry, and business be recognized in future growth; and that residential areas provide healthy surroundings for family life. ARTICLE III - JURISDICTION The Board shall have planning jurisdiction within the incorporated limits of the City of Bozeman as they currently exist and as they change over time through annexation. ARTICLE IV - POWERS AND DUTIES The Board shall have such powers and duties as are provided in Title 76, Montana Code Annotated. The Board shall also have such powers and duties as set forth in the Master Plan, applicable Subdivision Regulations, and other applicable regulations. Regulations made to carry out these objectives shall be made in accordance with the Master Plan. Regulations shall be designed to insure a rational, orderly, and efficient plan for the future development of the Bozeman Planning Area. The Board shall prepare, propose and periodically review a master plan for the City of Bozeman. ARTICLE V - FUNDS FOR OPERATION A. PLANNING BUDGET For the purposes of funding the Planning Board's operations, the Bozeman City Commission may levy 217 PLANNING BOARD BY-LAWS – DECEMBER 20, 1999 As proposed February 5, 2008 2 a tax on all property located within the City of Bozeman not to exceed two mills. The City Commission shall have the power and duty to supervise the fiscal affairs and responsibilities of the Board, prepare and submit to the Bozeman City Commission an annual budget in the same manner as city departments, and shall be limited in all expenditures to the provisions made therefore by the City Commission. B. ZONING BUDGET For purposes of carrying out its Zoning responsibilities, the Board may assist the Planning Director in the preparations and submittal of an annual budget to the Bozeman City Commission in the same manner as other city departments, and shall be limited in all expenditures to the provisions made therefore by the City. ARTICLE VI - OFFICE OF AGENCY The Board shall maintain its offices in the City of Bozeman Planning and Community Development Office, 20 East Olive Street, Bozeman, MT 59715. ARTICLE VII- MEMBERSHIP A. SELECTION The Board shall consist of nine (9) members, appointed to two year terms to expire on January 31, as follows: 1. The seventh member of the Board shall be a City Commissioner or the Commission’s designee. One member appointed by the City Commission from its own membership. The term of the appointed member shall be coextensive with the term of office to which he or she has been elected or appointed unless the Commission, on its first regular meeting of each year, appoints another to serve as its representative or unless the appointee’s commission term is terminated; 2. Three members appointed by the City Commission one of whom, at the Commission’s discretion, may be an employee of the City of Bozeman or hold public office in Bozeman or Gallatin County. Initial terms of these members shall be for one year, thereafter, the appointments shall be for two years; The appointments shall be for two-year terms, with those terms to expire on January 31 of odd-numbered years; 3. One member appointed by the Mayor, upon designation by the Gallatin County Board of Commissioners, who may be a member of the Board of County Commissioners or an office holder or employee of the County. This appointment shall be coterminous with the term of the Mayor; This appointment shall expire on January 31 of odd- numbered years; 218 PLANNING BOARD BY-LAWS – DECEMBER 20, 1999 As proposed February 5, 2008 3 4. Four citizen members to be appointed by the Mayor of the city, who shall be resident freeholders within the city limits, and who shall be qualified by knowledge and experience in matters pertaining to the development of the city. These appointments shall be coterminous with the term of the Mayor. B. REMOVAL FROM OFFICE 1. Any appointee may be removed from office by a majority vote of the governing body of the governmental unit represented by such appointee. 2. Three unauthorized consecutive absences from Board meetings shall be reported to the appropriate governing body by the Board Secretary. Absences shall be authorized by the President or Vice-President. C. TERMS OF MEMBERS The terms of the members who are officers of any governmental unit represented on the Board shall be coextensive with their respective terms of office to which they have been elected or appointed; the terms of the other members shall be two years. D. RESIGNATION AND VACANCIES 1. Vacancies occurring on the Board shall be filled for the unexpired term by the respective governing body having appointed them. 2. Resignations from the Board shall be made in writing to the City Commission and Board Secretary. E. COMPENSATION Members of the Board shall receive no salary for serving on the Board, but may be reimbursed for transportation and actual expenses for board activities as provided by Statute. ARTICLE VIII - BOARD SECRETARY, EMPLOYEES, AND PROFESSIONAL SERVICES A Board secretary, employees, and professional services shall be provided as necessary by the City of Bozeman, and shall generally be those employees within the City of Bozeman Department of Planning and Community Development. The City may enter into contracts for special or temporary services and any professional services. ARTICLE IX - OFFICERS AND THEIR DUTIES A. At its first regular meeting in each year of a newly seated Board, the Board shall elect from its 219 PLANNING BOARD BY-LAWS – DECEMBER 20, 1999 As proposed February 5, 2008 4 members a President and Vice-President. The Vice-President shall have authority to act as President of the Board during the absence or disability of the President. B. The President shall preside at all meetings and hearings of the Board and shall have the duties normally conferred by parliamentary practice to this office, call special meetings, and generally perform other duties as may be prescribed in these By-Laws or by Board action. The President shall have the privilege of discussing all matters before the Board, and shall have the privilege of voting on all matters. C. In the event of the absence of the President or Vice-President, the members of the Board shall select an acting President. ARTICLE X - MEETINGS A. REGULAR MEETINGS The Board shall by resolution fix the time for holding regular monthly meetings. However, the Board shall meet at least once in the months of January, April, July and October. Agendas for meetings shall be made available to the public through the City’s website and at the Office of Planning and Community Development. Agendas shall be made available at least two business days prior to the regular meeting. B. SPECIAL MEETINGS Special meetings of the Board may be called by the President or by two members upon written request to the Secretary. The Secretary shall send to all members and to a newspaper of general circulation within the jurisdiction, at least two days in advance of a special meeting, a written notice fixing the time and place of the meeting. Written notice of a special meeting is not required if the special meeting has been fixed in a regular meeting or if all members are present at a special meeting. C. QUORUM Four A majority of members shall constitute a quorum. No action of the Board is official, however, unless authorized by a majority of members of the Board present at a regular or properly called special meeting. D. OPEN MEETINGS AND DOCUMENTS All meetings of the Board and its committees shall be open to the public. Provided, however, the presiding officer of any meeting may close the meeting during the time the discussion relates to a matter of individual privacy and then if and only if the presiding officer determines that the demands of individual privacy clearly exceed the merits of public disclosure. The right of individual privacy may be waived by the individual about whom the discussion pertains and, 220 PLANNING BOARD BY-LAWS – DECEMBER 20, 1999 As proposed February 5, 2008 5 in that event, the meeting shall be open. A meeting may also be closed to discuss a strategy to be followed with respect to litigation when an open meeting would have a detrimental effect on the litigating position of the public agency. E. RULES OF ORDER Meetings of the Board shall be conducted according to the current edition of Robert's Rules of Order unless otherwise specified in these By-Laws. A member of the planning staff or the Board shall be designated by the President to serve as parliamentarian. F. CONFLICT OF INTEREST The planning process exists to serve the public interest. The public interest is a question of continuous debate requiring a conscientious regard for the policies and actions that best serve the entire community. These policies are encompassed by the growth policy, zoning and subdivision regulations, and applicable state law. Planning issues may involve a conflict of values. Planning board decisions require the highest standards of fairness and honesty among participants. Everyone who appears before the planning board has a right to unbiased decisions. A member of the Board who has a personal interest in an item under consideration by the Board shall declare a conflict of interest and shall not participate in the Board discussion and vote taken on the item. In the event of such disqualification, such fact shall be entered in the Minutes of the meeting. In the event that a Board member is representing a party with a proposal before the Board or one of its committees, that member shall not participate in the discussion and vote taken on the item. “Personal interest” shall be broadly construed and shall include any benefits or advantages, financial or non-financial, that they, a spouse, family member or person living in their household might obtain from a planning decision. Personal interest is illustrated in part by the following examples: Ex. 1: The wife of a board member is an attorney. She is a partner in the firm that represents an applicant. In this scenario a conflict of interest is likely to exist due to the fact that the board member’s wife has a financial interest in the firm and that, therefore, she and the board member will benefit materially from continued business of the applicant, even if she is not the attorney working on this matter. Ex. 2: A cousin of a board member testifies against a proposed project. In 221 PLANNING BOARD BY-LAWS – DECEMBER 20, 1999 As proposed February 5, 2008 6 this scenario, there is no conflict of interest since the board member will not materially benefit from the outcome. The board member should disclose the family relationship. Ex. 3: A proposed major development would be located between a board member’s house and a school attended by the board member’s daughter. The necessity of a side-walk condition for approval will be before the board. In this scenario there is no conflict of interest since the purpose of the board is to protect the public health, safety, and welfare of the community and the board member’s family is part of the community. The board member should disclose the family relationship. Ex. 4: A proposed major development would be located between a board member’s house and a school attended by the board member’s daughter. Under applicable regulation or law a sidewalk condition will be before the board. The developer is trying to get a variance on the side-walk condition on the grounds that he has put in a parallel trail on the other side of the road. In this scenario there is no conflict of interest since the purpose of the board is to protect the public health, safety, and welfare of the community and the board member’s family is part of the community. The board member should disclose the family relationship. Whether a member has a personal interest in an item of consideration by the Board may also be raised by another member of the Board at any time during a hearing. The President shall then suspend discussion of the current pending matter and the Board shall discuss and resolve by motion and vote immediately whether said conflict of interest exists, with the member subject of said motion not voting. Should the Board determine that a conflict exists, said member shall be treated as if he had declared said conflict and shall not participate any further in the discussion and vote taken on the item. A member who has declared a conflict of interest or whom the Board determines has such a conflict of interest, shall still be counted as a member of the Board for constituting a quorum. ARTICLE XI - ORDER OF BUSINESS A. Unless otherwise determined by the President, the order of business at regular meetings shall be: 1. Call to order and roll call. 2. Public comment other than comments related to public hearings. 2 3. Approval of Minutes of previous meetings and actions thereon. 222 PLANNING BOARD BY-LAWS – DECEMBER 20, 1999 As proposed February 5, 2008 7 3 4. Old business continued or tabled/postponed/public hearing. 4 5. New business/public hearings. 5 6. Pre-application plat reviews. 6 7. Special committee and other Board reports. 7 8. Communications. 8 9. Planning Director's Report. 9 10. President's Report. 10 11. Other Business. 11 12. Adjournment. B. A motion from the Board must be made and passed in order to dispense with any item on the Agenda or change the order of business. C. No special committee reports or communications submitted for action by the Board shall be acted upon unless it is submitted five (5) days prior to a regular meeting date. New business may be introduced without five (5) days notice for the purpose of Board action at a future meeting or referral to a committee or staff for study or consideration. Provisions of this section may be waived by the unanimous vote of the members present. ARTICLE XII - HEARINGS A. PUBLIC HEARINGS Public hearings may be scheduled when the Board decides that such hearings will be in the public interest. B. NOTICE At least fifteen (15) days prior to the date set for hearing, the Board shall publish in a newspaper of general circulation in the City a notice of the subject, time and place of the hearing. Notification of adjacent property owners shall be observed in conformance with the applicable Subdivision Regulations, the Montana Subdivision and Platting Act, and the Bozeman Zoning Ordinance. C. PROCEDURES FOR PUBLIC HEARINGS 1. The President shall preside at the public hearings. 2. A secretary shall take the Minutes, or the proceedings shall be recorded by a sound recording device. Proceedings of the hearings shall be incorporated into the Minute Book of the Board to become a permanent part of that record. 3. The President shall describe the method of conduct of the hearing. The hearing shall 223 PLANNING BOARD BY-LAWS – DECEMBER 20, 1999 As proposed February 5, 2008 8 be conducted only for the purpose of taking testimony to be considered in the deliberations of the regular meetings of the Board regarding the subject of the hearing. 4. A summary of the question at issue shall be stated by the President at the opening of the hearing. Comments will be limited to the subject advertised for hearing. 5. It shall be made clear at the hearing that all questions and comments must be directed through the President only after being properly recognized by the President. 6. All persons recognized shall give their name and address, and if applicable, the name of the person, firm, or organization they represent. 7. Copies of prepared statements shall be given to the secretary and the President and shall become a part of the record. 8. The applicant or his or her representative must be in attendance to respond to questions that might arise. Failure to attend will result in postponement of the hearing. 9. The order of presentation after introduction of an item by the President will be: a. Consent Calendar procedure, if applicable. b. Presentation of Staff Report. c. Questions by Board members. d. Comments by the applicant. e. Comments by interested citizens. f. Additional comments by the applicant, as appropriate. g. Additional comments by Staff, if necessary. c. Presentation by the applicant. d. Questions by Board members. e. Comments by interested citizens. f. Questions by Board members to address public comments. 10. The President shall ask if all who wish to speak have spoken. If there are no others to speak, the public testimony will be closed and the matter will return to the Board for discussion and action. 11. The President shall assure an orderly hearing and shall reserve the right to terminate the hearing in the event the discussion becomes unruly or unmanageable. ARTICLE XIII - COMMITTEES Special committees may be appointed by the President for purposes and terms, which the Board approves. 224 PLANNING BOARD BY-LAWS – DECEMBER 20, 1999 As proposed February 5, 2008 9 A. COMMITTEE REPORTS In referring items to committees, the President shall stipulate a deadline for the report back to the Board. Copies of the committee report, if in written form, shall be submitted to the President and shall become a part of the permanent records of the Board. B. COMMITTEE ORGANIZATIONS Committee members shall elect a Chairperson at the first meeting of the committee and will report to the Board at the next regular meeting. Vacancies on committees will be filled immediately by the President of the Board. C. STAFF ATTENDANCE The Planning Director or his/her designee and other members of the City Department of Planning & Community Development Staff shall attend committee meetings and participate in discussion, presenting alternatives and factual information relevant to the issue under consideration. ARTICLE XIV - LEGAL ASSISTANCE Legal assistance shall be provided to the Board by the City Attorney. ARTICLE XV - AMENDMENTS By-Law amendments may be introduced in writing by any member of the Board at a regular meeting. Action by a majority of the Board on the amendments may be taken on second reading at any future regular meeting. ___________________________ ____________________________ JP Pomnichowski, President Andrew C. Epple, Director Planning Board Planning & Community Development City of Bozeman City of Bozeman 225