HomeMy WebLinkAboutStaff Report/STAFF REPORT
DATE: November 14, 2022
AGENDA ITEM: Ratify Votes
TO: Planning Commission
SUBMITTED BY: Molly Just, Planning Director
BACKGROUND:
The Lake Elmo Planning Commission currently consists of five members. The City Code contains a provision that says that a quorum is four members, regardless of vacancies. There is case
law that says that when determining a quorum, you exclude the vacant seats (so if the Planning Commission has only five seated members, a quorum would be a majority of five, which is
three). So, while votes taken at the three meetings with less than four seated members were valid, it is appropriate to ratify those votes when four seated members are present.
ISSUE BEFORE COMMISSION:
To ratify the actions taken by the Planning Commission when there were less than four seated members present.
PROPOSAL DETAILS/ANALYSIS:
Appointed commissions rely on volunteer participation and so it is not advisable to require a specific minimum number of seated members to equal a quorum. A quorum is a majority of
seated members. Planning Staff has drafted code amendments that remove this minimum number for a quorum. The amendments are on the November 15th City Council agenda as a consent item.
There have been six votes taken at Planning Commission meetings with less than four members present. Planning Staff have drafted resolutions for each of these items for the Planning
Commission to act on. Approval of the motions will ratify the votes taken while less than four members were present. If there are not four seated members present at this meeting this
agenda item will carry over to the next meeting with four seated members.
FISCAL IMPACT:
None.
OPTIONS:
Ratify the subject decisions of the Planning Commission
Table ratification of the subject decisions and provide reasons why
RECOMMENDATIONS:
“Motion to approve Resolution 2022-1 ratifying the Planning Commission recommendation to approve with conditions a Conditional Use Permit to allow the commercial vehicle repair use
in Suites 215-220 at 11160 Hudson Boulevard”
“Motion to approve Resolution 2022-2 ratifying the Planning Commission recommendation to approve with conditions a Conditional Use Permit to allow the automotive maintenance and repair
use in Suites 140-145 at 11160 Hudson Boulevard”
“Motion to approve Resolution 2022-3 ratifying the Planning Commission recommendation to deny a Conditional Use Permit to allow the motor freight and warehouse use in Suite 345 at
11160 Hudson Boulevard”
“Motion to approve Resolution 2022-4 ratifying the Planning Commission recommendation to approve Zoning Text Amendments to incorporate a 40 foot setback south of 10th Street”
“Motion to approve Resolution 2022-5 ratifying the Planning Commission recommendation to approve with conditions a Preliminary Plat & PUD, Comprehensive Plan Amendment and Zoning
Map Amendment for United Properties on PID 33.029.21.44.0009”
“Motion to approve Resolution 2022-6 ratifying the Planning Commission recommendation to approve the 2023-2027 Capital Improvement Plan”
ATTACHMENTS:
Resolution 2022-1
Resolution 2022-2
Resolution 2022-3
Resolution 2022-4
Resolution 2022-5
Resolution 2022-6