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HomeMy WebLinkAbout10-02-1991 . MOUNDS VIEW PLANNING COMMISSION OCTOBER 2, 1991 7:30 P.M. AGENDA 1. Call to Order 2. Roll Call 3. Review and Approval of Minutes: September 4, 1991 (Previously Submitted) 4. Citizens Requests and Comments from the Floor: CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES 5. Consideration of Resolution No. 322-91 Regarding Planning Commission Bylaws Update 6. Consideration of Resolution No. 323-91 Regarding Update of Chapter 32, "The Planning Commission". 7. Staff Report 8. Chairman's Report 9. Adjournment **************************************************************** APPLICANTS: YOUR ATTENDANCE AT THIS MEETING IS REQUESTED. PLEASE NOTIFY CITY HALL AT 784-3055 IF YOU ARE UNABLE TO ATTEND. THANK YOU. **************************************************************** i-- m411 c MEMORANDUM TO: PLANNING COMMISSION FROM: PAUL HARRINGTON, PLANNER DATE: September 26, 1991 SUBJECT: BYLAWS-UPDATE As directed, staff has prepared Planning Commission Resolution No. 323-91 recommending amending the Planning Commission Bylaws . A copy of the amended bylaws dated October 1991 has been provided for your review. If you have any questions, please do not hesitate to give me a call at 784-3055. MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 323-91 411 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING AMENDING THE PLANNING COMMISSION BYLAWS WHEREAS, Chapter 32 of the Municipal Code entitled, "The Planning Commission", specifies that a yearly review and update of the Planning Commission Bylaws be made; and WHEREAS, the Mounds View Planning Commission has conducted a detailed review of the Bylaws; and WHEREAS, the Mounds View Planning Commission deter- mined that certain changes were deemed to be necessary in the Bylaws; and WHEREAS, the changes are reflected in the revised Bylaws dated October, 1991. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the revised Bylaws dated October, 1991. BE IT FINALLY RESOLVED that the Planning Commission directs Staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 2nd day of October, 1991. ATTEST: Chairman (SEAL) Planner V • MOUNDS VIEW PLANNING COMMISSION • BYLAWS AUTHORITY. These Bylaws are established in accordance with City Ordinance 32.05, Subdivision 6 0,, "The Commission shall adopt bylaws for its governance and for the transaction of its business." There shall be no conflict between the Bylaws of this Commission and the provi- sions of the City Charter and the Municipal Code. II. MEETINGS. The regular meetings of the Commission shall be held on the first and third Wednesday of each month as established by • resolution of the Planning Commission. Regular or agenda meetings may be added or cancelled by the chairperson or vice-chairperson. Special meetings may be added by the chairperson or vice-chairperson. A. The first Wednesday of the month shall be a regular business meeting for the purpose of making recommendations to the City Council, conducting public hearings, convening the Board of Adjust- ments and Appeals, and other official business. a Rev. 10/90 Y B. The third Wednesday of the month shall be a regular agenda • meeting for the purpose of informational review of applications for planning consideration, drafting of reports, and for other discussion not requiring action (i.e., vote) by the Commission. C. Meetings shall be conducted in accordance with State Open Meet- ing Laws. III. INFORMATIONAL PACKETS. Each commissioner shall receive an informational planning report for the items to be placed on the follow- ing month's regular business meeting agenda no later than the Friday preceding the agenda meeting. Each commissioner is responsible for reviewing the material within the packet prior to the regular agenda meeting. • IV. ATTENDANCE. Commission members shall advise the designated Staff member or chairperson of an anticipated absence from any regularly scheduled Planning Commission meeting. Any member not attending 20 regular scheduled meetings per year without consent of the commission shall be deemed to have vacated his office, and such vacancy shall be filled by the City Council pursuant to Chapter 32.09 of the Municipal Code. A leave of absence may be granted by the consent of the commission. Rev. 10/90 2 Y r • V. PROFESSIONAL CONSULTANTS. Advice from, consultation with, and/or requests for review by the City Attorney, City Engineer, City Planning Agency, or other paid consultants shall be in accordance with the Municipal Code. VI. ADJOURNMENT. Meetings shall adjourn on or before 11:00 p.m. unless a two-thirds majority of the members present agree to extend the time of adjournment. VII. MINUTES. Approved minutes shall be the official record of the Planning Commission. • A. The minutes shall state: 1. The kind of meeting, whether regular business or special and the date, time, and place. 2. Roll call of members present and whether absent mem- bers are excused or unexcused. 3. Corrections to and approval of the previous minutes and the vote taken. 4. Description of each item being discussed, case number, and name and address of the applicant. a) Summary of the request. b) Summary of any previous action. • Rev. 10/90 3 c) Summary of staff review. • d) Summary of statements made by the applicant, particularly concessions or agreements by the applicant. S. Motion/Second a) The motion shall be quoted as accurately as possi- ble. b) The motion shall be prefaced with supportive statement; i.e., "whereas". 6. The vote on each motion (ayes, nays, and abstentions), a statement of reasons for nay votes or abstentions, and whether motion carries or fails. • 7. Specific concerns addressed to the chairperson for inclu- sion in the minutes. 8. Reports by members. 9. Date, time, place, and attendance at the preceding regu- lar agenda meetings. 10. Motion for adjournment, second, vote, and time. 11. Signature of the Staff designated member. B. All minutes shall be clearly marked to indicate either "APPROVED" or "UNAPPROVED". Each commissioner shall receive a copy of the previous regular business meeting minutes Rev. 10/90 . 4 r • • "UNAPPROVED". Approved copies may be obtained upon request. A copy of the approved minutes shall be filed with the Municipal Clerk. VIII. LIAISON TO COUNCIL. In the event of the absence of the Council ex- officio member, a commission member may be appointed by the chairperson to represent the Planning Commission at the next regular City Council meeting. IX. CONFLICT OF INTEREST. When a conflict of interest may exist for a commission member or members, the member(s) shall ask to be • excused and step down from the commission prior to discussion on that item. X. SUPPLEMENTARY PUBLICATIONS. All commission members shall receive a copy of the Municipal Code, Chapter 40, and other chapters applicable to the work of the commission and a copy of the Municipal Comprehensive Plan as well as other materials as provided by the City Council or City Staff. These materials shall be retained by each commission member and returned to the chairperson upon the member's resignation or termination of appointment. Rev. 10/90 5 L II) MEMORANDUM TO: PLANNING COMMISSION 1� FROM: PAUL HARRINGTON, PLANNER' DATE: September 26, 1991 SUBJECT: CHAPTER 32 UPDATE Attached please find Planning Commission Resolution No. 324-91 recommending amending Chapter 32 of the Mounds View Municipal Code. If you have any questions regarding this item, please feel free to give me a call at 784-3055 . MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 324-91 410 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING AMENDMENT TO CHAPTER 32 OF THE MUNICIPAL CODE ENTITLED, "THE PLANNING COMMISSION" WHEREAS, Section 3 . 11 of the Mounds View Charter allows for the review and update of the Municipal Code; and WHEREAS, it is customary for the Planning Commission to comment on Chapter 32 of the Municipal Code; and WHEREAS, the Planning Commission has conducted a review of Chapter 32 of the Municipal Code. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends the following addition be made to Chapter 32 of the Municipal Code: 32 . 09 Vacancies. Subdivision 1. Removal From Office. An appointed member of the Commission may be removed from office for just cause and on written charges by at least four-fifths vote of the entire City Council, but such member shall be entitled to a public hearing before such vote is taken. It shall be the duty of the Chairman of the Commission to notify the City Council promptly of any vacancies occurring in membership. The Mayor, with approval of the City Council, shall fill such vacancies, for the unexpired term of the original appointment. In addition, an appointed member may be removed by the City Council for nonattendance at Planning Commission Meetings as provided in the Bylaws adopted by the Planning Commission or if a Commission Member does not - •. I -. • - . - . a - - . • • • - - . • . • - consent of the Commission. BE IT FINALLY RESOLVED that the Planning Commission directs Staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 2nd day of October, 1991. ATTEST: Chairman (SEAL) 4 Planner 'YIJC°1 MEMORANDUM DTP7 1110 TO: PLANNI.NG COMMISSION FROM: PAUL HARRINGTON, PLANNER DATE: September 26, 1991 SUBJECT: OPEN MEETING LAW Enclosed for your review is the State Statute dealing with the conducting of open meetings . I have asked the City Attorney for his opinion regarding the conducting of regular business at an agenda session. His comments will be provided Wednesday evening. • 1 . 471.705 MUNICIPAL RIGHTS,POWERS,DUTIES 9710 I, 471.705 MEETINGS OF GOVERNING BODIES; OPEN TO PUBLIC; EXCEP- '� TIONS. Subdivision 1. Except as otherwise expressly provided by statute, all meetings, including executive sessions, of any state agency, board, commission or department I' when required or permitted by law to transact public business in a meeting, and the I` i governing body of any school district however organized, unorganized territory, I' county,city,town, or other public body, and of any committee,subcommittee,board, IS department or commission thereof, shall be open to the public, except meetings of the board of pardons and the commissioner of corrections. The votes of the members of ,,,; , such state agency,board,commission or department or of such governing body, corn-i mittee, subcommittee, board, department or commission on any action taken in a meeting herein required to be open to the public shall be recorded in a journal kept for I,'I that purpose,which journal shall be open to the public during all normal business hours i; where such records are kept.The vote of each member shall be recorded on each appro- ,'I priation of money,except for payments of judgments,claims and amounts fixed by stat- ute. This section shall not apply to any state agency, board, or commission when exercising quasi-judicial functions involving disciplinary proceedings. Subd. 1 a. Subdivision 1 does not apply to a meeting held pursuant to the proce- dure in this subdivision. The governing body of a public employer may by a majority ,I vote in a public meeting decide to hold a closed meeting to consider strategy for labor ,', negotiations,including negotiation strategies or developments or discussion and review I i 1 of labor negotiation proposals, conducted pursuant to sections 179A.01 to 179A.25. ; The time of commencement and place of the closed meeting shall be announced at the public meeting.A written roll of members and all other persons present at the closed ,`< meeting shall be made available to the public after the closed meeting.The proceedings 1 of a closed meeting to discuss negotiation strategies shall be tape recorded at the . expense of the governing body and shall be preserved by it for two years after the con- u tract is signed and shall be made available to the public after all labor contracts are I signed by the governing body for the current budget period. If an action is brought claiming that public business other than discussions of labor negotiation strategies or developments or discussion and review of labor negotiation -i proposals was transacted at a closed meeting held pursuant to this subdivision during the time when the tape is not available to the public,the court shall review the recording of the meeting in camera. If the court determines that no violation of this section is .- "` found,the action shall be dismissed and the recording shall be preserved in the records of the court until otherwise made available to the public pursuant to this section.If the court determines that a violation of this section is found, the recording may be intro- 1'1 duced at trial in its entirety subject to any protective orders as requested by either party I and deemed appropriate by the court. The prevailing party in an action brought before or after the tape is made available I ' to the public which establishes that a violation of this section has occurred shall recover [I costs and reasonable attorney's fees as determined by the court. Subd. lb.In any meeting which under subdivision 1 must be open to the public, -, at least one copy of any printed materials relating to the agenda items of the meeting ,I which are prepared or distributed by or at the direction of the governing body or its s - I, employees and which are: 11 (1) distributed at the meeting to all members of the governing body; , (2) distributed before the meeting to all members; or t (3) available in the meeting room to all members; shall be available in the meeting room for inspection by the public.The materials fi I shall be available to the public while the governing body considers their subject matter. , , , 1 This subdivision does not apply to materials classified by law as other than public as 1 , defined in chapter 13, or to materials relating to the agenda items of a closed meeting `a. held in accordance with the procedures in subdivision la or other law permitting the i lI • closing of meetings.If a member intentionally violates the requirements of this subdivi- t , „ i.0 4 p N • I I I' 0 .. 9711 ! 1i MUNICIPAL RIGHTS,POWERS,DUTIES 471.705 sion, that member shall be subject to a civil penalty in an amount not to exceed$100. An action to enforce this penalty may be brought byanys- tent jurisdiction where the administrative office othe member is located. of compe- t } Subd. 1 c.Notice of meetings.(a)Regular meetings.A schedule of the regular meet- ings of a public body shall be kept on file at its primary offices.If a public body decides to hold a regular meeting at a time or place different from the time or place stated in its schedule of regular meetings,it shall give the same notice of the meeting that is pro- vided in this subdivision for a special meeting. (b) Special meetings.For a special meeting,except an emergency meeting or a spe- I cial meeting for which a notice requirement is otherwise expressly established by stat- i ' ute, the public body shall post written notice of the date, time, place, and purpose of 1 the meeting on the principal bulletin board of the public body, or if the public body has no principal bulletin board,on the door of its usual meeting room.The notice shall also be mailed or otherwise delivered to each person who has filed a written request for notice of special meetings with the public body.This notice shall be posted and mailed or delivered at least three days before the date of the meeting.As an alternative to mail- ' ing or otherwise delivering notice to persons who have filed a written request for notice I of special meetings, the public body may publish the notice once, at least three days before the meeting, in the official newspaper of the public body or,if there is none, in I' a qualified newspaper of general circulation within the area of the public body's author- ! ity.A person filing a request for notice of special meetings may limit the request to noti- fication of meetings concerning particular subjects, in which case the public body is• required to send notice to that person only concerning special meetings involving those subjects.A public body may establish an expiration date for requests for notices of spe- cial meetings pursuant to this paragraph and require refiling of the request once each year.Not more than 60 days before the expiration date of a request for notice,the pub- lic body shall send notice of the refiling requirement to each.person who the preceding year. ! filed during - (c) Emergency meetings.For an emergency meeting, the public body shall make good faith efforts to provide notice of the meeting to each news medium that has filed ' 1 t a written request for notice if the request includes the news medium's telephone num- , ' i ber. Notice of the emergency meeting shall be given by telephone or by any other method used to notify the members of the public body.Notice shall be provided to each news medium which has filed a written request for notice as soon as reasonably cable after notice has been given to the members. Notice shall include the subject of the meeting.Posted or published notice of an emergency meeting shall not be required. I!. An"emergency"meeting is a special meeting called because of circumstances that,in judgment ud gment of the public body,require immediate consideration by the public body. 1. 4 If matters not directly related to the emergency are discussed or acted upon at an emer- 'I gency meeting, the minutes of t - -- III ma ters. .n o .e . (d) Recessed or continued meetings.If a meeting is a recessed or continued session . I of a previous meeting, and the time and place of the meeting was established during the previous meeting and recorded in the minutes of that meeting,then no further pub- I I 1 lished or mailed notice is necessary. For purposes of this clause, the term "meeting" ! includes a public hearing conducted pursuant to chapter 429 or any other law or charter 1 provision requiring a public hearing by a public body. I'll I iii ;: (e) Closed meetings.The notice requirements of this subdivision apply to closed i !I meetings. 1 (f) State agencies.For a meeting of an agency,board,commission,or department ' of the state,(i)the notice requirements of this subdivision apply only if a statute govern- i' II ing meetings of the agency, board, or commission does not contain specific reference �I to the method of providing notice, and (ii) all provisions of this subdivision relating I i to publication shall be satisfied by publication in the State Register. I (g) Actual notice.If a person receives actual notice ! . of a meeting of a public body I; ' ; at least 24 hours before the meeting,all notice requirements of this subdivision are sat- I 11, isfied with respect to that person, regardless of the method of receipt of notice. i