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HomeMy WebLinkAbout02-07-1996 • MOUNDS VIEW PLANNING COMMISSION FEBRUARY 7, 1996 7:00 P.M. AGENDA SESSION 1. Review of Minutes: January 3, 1996 (Received in previous packet) 2. Discussion of a Conditional Use Permit Extension Request for a Temporary Accessory Structure, Church upon the Rock/Northside • Christian School, 7901 Red Oak Drive, Planning Case No. 436-95 3. Review of Chapter 1005, Housing Code 4. Discussion of Conditional Use Permit Request to allow operation of an outdoor and sales operation at Mounds View Square, Pete Linder, Linder's Greenhouses, Planning Case No. 435-95 5. Request to refund application fee for Linda Kay Nelson, 7520 Greenfield Avenue, Planning Case No. 431-95 6. Discussion of Planning Commission Bylaws 7. Discussion Regarding Sign Ordinance Revision PLEASE NOTE: THE PLANNING COMMISSION MAY CALL TO ORDER TO TAKE ACTION ON ANY OR ALL OF THE ABOVE ITEMS (This meeting is an Agenda Session since the January 17, 1996 Planning Commission Agenda Meeting was cancelled) *************AAAAA*** AA AAAAAAAAAAAAA A AAA AAAA **A*************** APPLICANTS: YOUR ATTENDANCE AT THIS MEETING IS REQUESTED. PLEASE NOTIFY CITY HALL AT 784-3055 IF YOU ARE UNABLE TO ATTEND. THANK YOU. * ***AAAA*************AAAA*****AAAA********AAAA**** • • interoffice MEMORANDUM to: Mounds View Planning Commission from: Joyce Pruitt subject: Cancellation of January 17, 1996 Agenda Meeting date: February 2, 1996 Due to inclement weather the January 17, 1996 Agenda Meeting was cancelled. To allow for the required discussion on planning application requests, an Agenda Meeting has been scheduled February 7, 1996 (this meeting will take the place of the scheduled regular meeting). Applicants have been notified that the Planning Commission may call to order to take action on any or all of the items listed on the agenda. • • MEMORANDUM TO: PLANNING COMMISSION FROM: JOYCE PRUITT, PLANNING ASSOCIATE DATE: Janaury 31, 1996 SUBJECT: CHURCH UPON THE ROCK, 7901 RED OAK DRIVE, EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW FOR THE CONTINUED USE OFA TEMPORARY STRUCTURE ON RESIDENTIALLY ZONED PROPERTY, PLANNING CASE NO. 436-95 Church Upon the Rock, 7901 Road Oak Drive, has made application for an extension of a previously approved Conditional Use Permit to allow for the continued use of a temporary accessory structure. In April, 1988, the City Council approved Resolution No. 2320 for a temporary classroom structure. The Resolution allowed use of the temporary structure for a five-year period from the date of adoption. A sunset clause requiring removal of the temporary structure and placement of a permanent structure in its place and a contingency requiring the site and building to be brought up to code after the five-year time period were included in Resolution No. 2320. At this time, the applicant is requesting that an additional extension of two (2)years be granted to allow more time for the Church to assess its needs and options in relation to the site. The applicant's extension request is based on complications caused by the inability of Church Upon the Rock and Northside Christian School to move into the Rice Creek Center in New Brighton. It seems more effort has been placed on finding an appropriate purchaser than relocating the Church and the School. Building Inspector, Rick Jarson, and I inspected the temporary structure on January 8, 1996. Our inspections revealed the classrooms were regulated at 70 degrees and the staff noted that air conditioning is provided in the summer. Fire extinguishers and alarms were provided as well. Eighteen student desks were in one room and sixteen desks were in the second room. A missing spindle was found on the stairway leading into the 7th graders classroom and Mr. Jarson noted that the stairs were too narrow for the entryway. Church Upon the Rock has reported that two classes, composed of 7th and 8th graders, utilize the temporary structure for classrooms. The classes include 15-17 students each and are used from approximately 9:20 a.m. to 3:40 p.m. Staff at Church Upon the Rock noted that each temporary structure is 24'x 24' in size. A summary of action taken and application materials submitted for this item were provided in the • last packet. If you require copies of any of the materials or have any questions, please do not hesitate to call. • MEMORANDUM TO: PLANNING COMMISSION FROM: JOYCE PRUITT, PLANNING ASSOCIATE DATE: January 29, 1996 SUBJECT: HOUSING CODE REVISIONS Included in the January 17, 1996 packet was a copy of the revised Housing Code. The draft Ordinance includes establishment of occupancy standards, requiring compliance with the Housing Code prior to issuance of certificate of registration, and defining hazards, and providing closure to the inspection process. The first change proposed in the Ordinance is to establish occupancy standards based on square footage requirements as required by the Uniform Building Code. Up until • now, the Department of Housing and Urban Development required a maximum occupancy of two person per bedrooms. Because it was found to be unconstitutional to restrict the number of occupants in a dwelling unit, HUD has abolished their current occupancy standards. Individual municipalities may establish occupancy standards based on square footage requirements. This change is reflected in Section 1005.09, Subdivision 8. The second change proposed is to require inspections to be conducted prior to issuance of a Multiple Dwelling Registration. Currently, all multiple dwellings are issued licenses by April 1. With this change, registration certificated will be issued upon compliance with the Housing Code. The third change proposed addresses the correction of immediate hazards stating that no occupancy shall be permitted if an immediate hazard exists (immediate hazards are listed in Section 1005.14, Subdivision 4). This would allow the City to require that any hazards listed in this section be corrected immediately (or within a time specified by the City). If the repairs are not completed within this specified time, the City wold be authorized to make repairs and assess the costs to the property. Resolution No. 440-96 has been prepared for your review and consideration. Staff requests the Planning Commission call to order to take action on this item during the fpFebruary 7, 1996, meeting so that the ordinance may be forwarded to the City Council for a first reading on February 12, 1996. If you have any questions regarding this matter, please call. • MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 440-96 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING AMENDING CHAPTER 1005 OF THE MOUNDS VIEW MUNICIPAL CODE ENTITLED "HOUSING CODE" WHEREAS, the purpose of the Housing Code is to protect the public health, safety and welfare of residents of the City; and WHEREAS, this purpose is accomplished by establishing minimum standards for dwellings and multiple dwellings; and WHEREAS, the existing Housing Code determines the responsibilities of owners, operators and occupants of dwellings and multiple dwellings and provides for administration, enforcement and penalties; and • WHEREAS, the existing Mounds View Housing Code is in need to modifications in order to adequately meet minimum housing standards; and WHEREAS, the Planning Commission recommends modification to the Housing Code to include the following: a. Stipulation of internal storage standards b. Stricter regulations regarding enforcement measures c. Stricter regulations regarding occupancy standards; and WHEREAS, Ordinance No. 572 amending the Housing Code addresses internal storage and provides for stricter enforcement measures and occupancy standards; NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Mounds View recommends approval of Ordinance No. 572 amending Chapter 1005 of the Mounds View Municipal Code entitled, "The Housing Code." Adopted this 7th day of February, 1996 ATTEST: Chairperson (SEAL) Planning Associate • ORDINANCE NO. 572 • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE RELATING TO PUBLIC HEALTH, SAFETY AND WELFARE, AMENDING THE CITY'S HOUSING CODE, ESTABLISHING INTERIOR STORAGE REQUIREMENTS AND ROOM DIMENSIONS, AMENDING MULTIPLE DWELLING INSPECTION AND REGISTRATION PROCEDURES, GRANTING AUTHORITY TO THE BUILDING INSPECTION DEPARTMENT AUTHORITY TO MAKE OR ORDER CORRECTIONS TO, OR ORDER VACATION OF, BUILDINGS IN VIOLATIONS OF THE CITY'S HOUSING CODE, AND AMENDING TITLE 1000, CHAPTER 1005 OF THE MOUNDS VIEW CITY CODE. THE CITY OF MOUNDS VIEW ORDAINS: Sec. 1. Section 1005.07, subdivision 5 of the Mounds View City Code is amended to ill read: Subd. 5. Sanitation: The interior shall be maintained in a clean and sanitary condition, free from accumulation of rubbish, garbage,junk or debris and no materials shall be stored in a manner that impedes free access to all windows, doors, or heating and other fixtures. No disconnected appliances, fixtures not in use or other items shall be allowed to accumulate or stored on the premises. Sec. 2. Section 1005.09 of the Mounds View City Code is amended by adding a new subdivision to read: Subd. 8. Room Dimensions: a. Ceiling Heights: Habitable space shall have a ceiling height of not less than seven feet six inches (7'6") except as otherwise permitted in the Section. Kitchens, halls, bedrooms, and toilet compartments may have a ceiling height of not less than seven feet (7') measured to the lower projection from the ceiling. Where exposed beam ceiling members are spaced at forty-eight (48") on center, ceiling height shall be measured to the bottom of these members. Where exposed beam ceiling members are spaced at forty-eight inches (48") or more on center, ceiling height shall be measured to the bottom of the deck supported by • • these members, provided that the bottom of the members is not less than seven feet (7') above the floor. If any room in a building has a sloping ceiling, the prescribed ceiling height for the room is • required in only one-half(1/2) the area thereof. No portions of the room measuring less than five feet (5') from the finished floor to the finished ceiling shall be included in any computation of the minimum area thereof. If any room has a furred ceiling, the prescribed ceiling height is required in two-thirds (2/3) the area thereof; but in no case shall the height of the furred ceiling be less than seven feet (7'). b. Floor Area: Dwelling units and rooming units shall have at least one (1) room which shall have not less than one hundred twenty (120) square feet of floor area. Other habitable rooms, except kitchens, shall have an area of not less than seventy(70) square feet. Where more than two (2) persons occupy a room for sleeping purposes, the required floor area shall be increased at the rate of fifty (50) square feet for each occupant. Sec. 3. Section 1005.12, subdivision 2 of the Mounds View City Code is amended by adding a new subparagraph to read: d. The certificate shall state that the structure has been inspected and is in compliance with the requirements of this Chapter. Sec. 4. Section 1005.12, subdivision 4 of the Mounds View City Code is amended to • read: Subd. 4. Annual Renewal of Registration: The owner of a multiple dwelling or his agent shall annually apply for a renewal of the certificate of registration on or before September March 30. Renewal of the registration is contingent upon compliance of this Chapter. Sec. 5. Section 1005.12, subdivision 5 of the Mounds View City Code is amended to read: Subd. 5. Transfer of Registration: A certificate of registration for the unexpired portion of the licensed term is transferrable, for a fee of fifteen dollars ($15), to any person who has actually acquired legal ownership of a registered building • - • - .' -• .. • - - • .-• • _•_ . .-•, • ••• •, L • L 1 • •• • •• • - ■ registration is filed with the Building Inspet,tion Department prior to-actual s- • -s. . •• - ;.. It is the responsibility of the current owner to notify the purchaser that a transfer must be filed with the Building Inspection Department immediately upon acquiring legal ownership. The license shall terminate upon failure to apply for its transfer within 30 days s following the prior-to change of legal ownership. • Sec. 6. Section 1005.12 is amended by adding a new subdivision to read: • Subd. 8. Inspection fees: The registration fee for an initial or renewed certificate of registration shall include the fee for two inspections or attempted inspections by Enforcement Officer. A fee, established by City Council resolution, shall be charged for any additional inspections or attempted inspections required, whether due to the multiple dwelling failure of the reinspection, the Enforcement Officer's inability to gain access to the multiple dwelling at the time of attempted reinspection, or otherwise, and must be paid before a certificate of registration will be issued. Sec. 7. Section 1005.14 is amended by adding new subdivisions to read: Subd. 3. Posting to Prevent Occupancy: The Building Inspection Department may prevent occupancy of any building or structure in violation of the Chapter by posting the building or structure. Posting may occur if any owner, agent, licensee, or other responsible person has been notified by inspection report of items which must be corrected within the time provided for in the inspection report or this Chapter and such corrections have not been made within the stated time. No person shall remove or tamper with any placard or other device used for posting. No person shall reside in, occupy, or cause to be occupied any building structure, or dwelling that has been posted to prevent occupancy. • Subd. 4. Correction of Immediate Hazards: a. Immediate hazards shall include, but not be limited to: (1) Heating systems that are unsafe due to burned-out or rusted heat exchangers; burned-out, rusted, or plugged flues; inadequate venting; connection to unsafe gas supplies; or lack of capacity to adequately heat the dwelling unit. (2) Water heaters that are unsafe due to burned-out or rusted heat exchangers; burned-out, rusted, or plugged flues; inadequate venting; connection to unsafe gas supplies; or lack of temperature or pressure-relief valves. (3) Electrical systems that are unsafe due to overloading; damaged or deteriorated equipment; improperly taped or spliced wiring; exposed uninsulated wires; inadequate distribution systems; such as the improper use of extension cords; or ungrounded systems. (4) Plumbing systems that are unsanitary due to leaking waste • systems, fixtures, or traps; lack of a water closet; lack of washing or bathing facilities; cross-connection of pure water supply with fixtures or sewage lines; or lack of adequate water supply. (5) Structural systems, walls, chimneys, ceilings, roofs, • foundations, and floor systems that will not safely carry imposed loads. (6) Refuse, garbage, human waste, dead vermin or other animals, animal waste, or other materials causing unsanitary conditions. (7) Lack of adequate light or air. (8) Infestation of rats, insects, or other vermin. (9) Other conditions creating an immediate threat to the health or safety of an occupant, the premises, or any other person or property. b. No occupancy shall be permitted of any vacant dwelling unit if an immediate hazard exists on the premises. c. If a dwelling unit is occupied and an immediate hazard exists on the premises, immediate corrective action shall be taken by the owner, agent, licensee, or other responsible person. If immediate corrective action is not taken, the Enforcement Officer may order that the dwelling unit be vacated. Sec. 8. Section 1005.16, subdivision 2(b) is amended to read: b. Mailing and Posting of Notice: The notice of violation shall be sent by certified mail to the last known address of such personTand. If the violations are not corrected within thirty (30) days, such notice shall be published once in the City's official newspaper. Sec. 9. Section 1005.16, is amended by adding a new subdivision to read: Subd. 4. Correction of Violation by City and Assessment of Costs: In all cases of violation of this Chapter, the Building Inspection Department may abate, remove, or otherwise remedy the violation and take any action permissible under State law to specially assess or otherwise charge the cost of such abatement, removal, or remedy against the premises where the violation was located. • • Sec. 10. This Ordinance is effective thirty days after its publication. Read by the City Council of the City of Mounds View this day of , 1996. Read and passed by the City Council of the City of Mounds View this day of , 1996. Mayor ATTEST: • Clerk-Administrator Approved as to form: • City Attorney • • MEMORANDUM TO: PLANNING COMMISSION FROM: JOYCE PRUITT,PLANNING ASSOCIATE DATE: February 01, 1996 SUBJECT: CONDITIONAL USE PERMIT, LINDER'S GREENHOUSES MOUNDS VIEW SQUARE, PLANNING CASE NO. 435-95 Pete Linder, representing Linder's Greenhouses, has made application for a Conditional Use Permit to allow for the operation of an outdoor sales operation at Mounds View Square. As you may recall, Linder's was issued a C.U.P. in 1995 for a similar operation at Mounds View Square. The current request would allow the operation to be set up in the same manner and same location as 1995. In the letter of application, Mr. Linder requests to hook up to a hydrant on the property in order to get water for the operation. Charges will remain the same as last year, including a $100 • hydrant deposit, a $20 wrench deposit, and a $20 adapter valve deposit. These deposits are refundable. In addition, a $1 day fee for water service will be charged, which is the same as last year. Staff has checked with the Director of Public Works and as long as the applicant meters the hydrant usage, there is no problem with the request. Staff would also like to add that the City received no negative comments on the operation last year. All materials submitted by the applicant were enclosed in the January 17, 1996 packet. If you require copies or have any questions, please do not hesitate to give me a call. • • • MEMORANDUM TO: PLANNING COMMISSION FROM: JOYCE PRUITT,PLANNING ASSOCIATE DATE: FEBRUARY 01, 1996 SUBJECT: REQUEST FOR REFUND OF APPLICATION FEE FOR LINDA KAY NELSON, 7520 GREENFIELD AVENUE,PLANNING CASE NO. 431-95 Linda Kay Nelson applied for a Conditional Use Permit on November 20, 1995, in order to allow a residential dog kennel at her 7520 Greenfield Avenue property. Since this time, she has removed one the three dogs and has provided the City with proof of this removal. In addition, vaccination information and current dog licenses have been provided for the two remaining dogs, • a Shepard mix and a Pekingese. Ms. Nelson has rescinded her CUP application and requested a refund of the $75 fee. • • • MEMORANDUM TO: PLANNING COMMISSION FROM: JOYCE PRUITT, PLANNING ASSOCIATE DATE: January 29, 1996 SUBJECT: PLANNING COMMISSION BYLAWS Attached for your review are the Planning Commission Bylaws. Chapter 401.05, Subdivision 7, of the Mounds View Municipal Code requires that the bylaws be reviewed on an annual basis at the first regular meeting of February. The Bylaws were last revised in 1993, with the approval of Resolution 358-93. This Resolution and accompanying Bylaws have been included for your reference. • If you have any questions on this matter, please call. • MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 358-93 III CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING AMENDING THE EXISTING 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 determined that changes were deemed to be necessary in the Bylaws; and WHEREAS, the changes are reflected in the revised Bylaws dated February, 1993 . NOW, THEREFORE, BE IT RESOLVED that the Mounds View • Planning Commission recommends approval of the revised Bylaws dated February, 1993 . BE IT FINALLY RESOLVED that the Planning Commission directs Staff to forward this resolution to the City Council prior td approval of the minutes. Adopted this 3rd day of February, 1993 . ATTEST: ' , . Chairman) (SEAL) ;) / /Z--) Planner / MOUNDS VIEW PLANNING COMMISSION M BYLAWS I. AUTHORITY. These Bylaws are established in accordance with City Ordinance 32.05, Subdivision 6 D, "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 0 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 - - - .: : : 1 - . . ..-_ . , . 141:; - . : : - : . . .. : • 1 - -i Council, conducting public hearings, convening the Board of Adjust- ments and Appeals, and other official business. ii) Rev. 2/93 Y F. • t 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. S • IV. AViENDAiNCE. 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 Any member attend- ing less than 20 meetings per year without consent of the commission shall be deemed to have vacated lis the office, and such vacancy shall be filled by the City Council pursuant to Chapter 32.09 of the Munici- pal Code. A leave of absence may be granted by the consent of the commission. Rev. 2/93 5 ® 2 V. PROFESSIONAL CONSULTANTS. Advice from, consultation with, and/or requests for review/ q vi 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. 4011 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. • f a) Summary of the request. b) Summary of any previous action. 4111) Rev. 2/93 3 c) Summary of staff review. • d) Summary of statements made by applicant,thea lican particularly concessions or agreements by the applicant. 5. 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. 2/93 . • 4 "UNAPPROVED". Approved copies may be obtained upon 111, request. A copy of the approved minutes shall be filed with the Clerk-Administrator. 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 IP 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. 2/93 5 MOUNDS VIEW PLANNING COMMISSION • BYLAWS AUTHORITY. These Bylaws are established in accordance with City Ordinance 32.05, Subdivision 6D, "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 provisions 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 canceled 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 Adjustment and Appeals, and other official business. 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 Meeting Laws. III. INFORMATIONAL PACKETS. Each commissioner shall receive an informational planning report for the items to be placed on the following month's regular business agenda no later than the Friday preceding the agenda meeting. Each commission is responsible for reviewing the material within the packet prior to the regular agenda meeting. • IV. ATTENDANCE. Commission members hall advise the designated Staff member or chairperson of an anticipated absence from any regularly scheduled Planning Commission meeting. Any member attending less than 20 meetings per year without consent of the commission 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. VI. 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 members are excused or unexcused. 3. Corrections to and approval of the previous minutes and the 110 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. c) Summary of staff review. d) Summary of statements made by the applicant, particularly concessions or agreements by the applicant. 5. Motion/Second • a) The motion shall be quoted as accurately as possible. b) The motion shall be prefaced with supportive • statements; 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 inclusion in the minutes. 8. Reports by members. 9. Date, time, place and attendance at the preceding regular 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 wither "APPROVED" or "UNAPPROVED". Each commission shall receive a copy of the previous regular business meeting minutes "UNAPPROVED." Approved copies may be obtained upon request. A copy of the approved minutes shall be filed with the Clerk-Administrator. VIII. LIAISON TO COUNCIL. In the event of the absence of the Council exofficio 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 i 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. S 110 • MOUNDS VIEW PLANNING COMMISSION FEBRUARY 7, 1996 7:00 P.M. AGENDA SESSION 1. Review of Minutes: January 3, 1996 (Received in previous packet) 2. Discussion of a Conditional Use Permit Extension Request for a Temporary Accessory Structure, Church upon the Rock/Northside • Christian School, 7901 Red Oak Drive, Planning Case No. 436-95 3. Review of Chapter 1005, Housing Code 4. Discussion of Conditional Use Permit Request to allow operation of an outdoor and sales operation at Mounds View Square, Pete Linder, Linder's Greenhouses, Planning Case No. 435-95 5. Request to refund application fee for Linda Kay Nelson, 7520 Greenfield Avenue, Planning Case No. 431-95 6. Discussion of Planning Commission Bylaws 7. Discussion Regarding Sign Ordinance Revision PLEASE NOTE: THE PLANNING COMMISSION MAY CALL TO ORDER TO TAKE ACTION ON ANY OR ALL OF THE ABOVE ITEMS (This meeting is an Agenda Session since the January 171996 Planning Commission Agenda Meeting was cancelled) ***stink AA A AAAAAAAAAAAAA*A AA AA*AAAAAAAAAAA*** *AAAAA*AAAAAAAAAAAAAAAAAAAAAAAAAAAAAA***** ***AAAAAA********* APPLICANTS: YOUR ATTENDANCE AT THIS MEETING IS REQUESTED. PLEASE NOTIFY CITY HALL AT 784-3055 IF YOU ARE UNABLE TO ATTEND. THANK YOU. • • interoffice MEMORANDUM to: Mounds View Planning Commission from: Joyce Pruitt subject: Cancellation of January 17, 1996 Agenda Meeting date: February 2, 1996 Due to inclement weather the January 17, 1996 Agenda Meeting was cancelled. To allow for the required discussion on planning application requests, an Agenda Meeting has been scheduled February 7, 1996 (this meeting will take the place of the scheduled regular meeting). Applicants have been notified that the Planning Commission may call to order to take action on any or all of the items listed on the agenda. • • 1110 MEMORANDUM TO: PLANNING COMMISSION FROM: JOYCE PRUITT,PLANNING ASSOCIATE DATE: Janaury 31, 1996 SUBJECT: CHURCH UPON THE ROCK, 7901 RED OAK DRIVE, EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW FOR THE CONTINUED USE OF A TEMPORARY STRUCTURE ON RESIDENTIALLY ZONED . PROPERTY,PLANNING CASE NO. 436-95 Church Upon the Rock, 7901 Road Oak Drive, has made application for an extension of a previously approved Conditional Use Permit to allow for the continued use of a temporary accessory structure. In April, 1988, the City Council approved Resolution No. 2320 for a temporary classroom structure. The Resolution allowed use of the temporary structure for a five-year period from the date of adoption. A sunset clause requiring removal of the temporary structure and placement of a permanent structure in its place and a contingency requiring the site and building to be brought up to code after the five-year time period were included in Resolution • No. 2320. At this time, the applicant is requesting that an additional extension of two (2) years be granted to allow more time for the Church to assess its needs and options in relation to the site. The applicant's extension request is based on complications caused by the inability of Church Upon the Rock and Northside Christian School to move into the Rice Creek Center in New Brighton. It seems more effort has been placed on finding an appropriate purchaser than relocating the Church and the School. Building Inspector, Rick Jarson, and I inspected the temporary structure on January 8, 1996. Our inspections revealed the classrooms were regulated at 70 degrees and the staff noted that air conditioning is provided in the summer. Fire extinguishers and alarms were provided as well. Eighteen student desks were in one room and sixteen desks were in the second room. A missing spindle was found on the stairway leading into the 7th graders classroom and Mr. Jarson noted that the stairs were too narrow for the entryway. Church Upon the Rock has reported that two classes, composed of 7th and 8th graders, utilize the temporary structure for classrooms. The classes include 15-17 students each and are used from approximately 9:20 a.m. to 3:40 p.m. Staff at Church Upon the Rock noted that each temporary structure is 24' x 24' in size. • A summary of action taken and application materials submitted for this item were provided in the last packet. If you require copies of any of the materials or have any questions, please do not hesitate to call. • MEMORANDUM TO: PLANNING COMMISSION FROM: JOYCE PRUITT, PLANNING ASSOCIATE DATE: January 29, 1996 SUBJECT: HOUSING CODE REVISIONS Included in the January 17, 1996 packet was a copy of the revised Housing Code. The draft Ordinance includes establishment of occupancy standards, requiring compliance with the Housing Code prior to issuance of certificate of registration, and defining hazards, and providing closure to the inspection process. The first change proposed in the Ordinance is to establish occupancy standards based on square footage requirements as required by. the Uniform Building Code. Up until • now, the Department of Housing and Urban Development required a maximum occupancy of two person per bedrooms. Because it was found to be unconstitutional to restrict the number of occupants in a dwelling unit, HUD has abolished their current occupancy standards. Individual municipalities may establish occupancy standards based on square footage requirements. This change is reflected in Section 1005.09, Subdivision 8. The second change proposed is to require inspections to be conducted prior to issuance of a Multiple Dwelling Registration. Currently, all multiple dwellings are issued licenses by April 1. With this change, registration certificated will be issued upon-compliance-with-the Housing-Code. The third change proposed addresses the correction of immediate hazards stating that no occupancy shall be permitted if an immediate hazard exists (immediate hazards are listed in Section 1005.14, Subdivision 4). This would allow the City to require that any hazards listed in this section be corrected immediately (or within a time specified by the City). If the repairs are not completed within this specified time, the City wold be authorized to make repairs and assess the costs to the property. Resolution No. 440-96 has been prepared for your review and consideration. Staff requests the Planning Commission call to order to take action on this item during the February 7, 1996, meeting so that the ordinance may be forwarded to the City Council for a first reading on February 12, 1996. If you have any questions regarding this matter, please call. • MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 440-96 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING AMENDING CHAPTER 1005 OF THE MOUNDS VIEW MUNICIPAL CODE ENTITLED "HOUSING CODE" WHEREAS, the purpose of the Housing Code is to protect the public health, safety and welfare of residents of the City; and WHEREAS, this purpose is accomplished by establishing minimum standards for dwellings and multiple dwellings; and WHEREAS, the existing Housing Code determines the responsibilities of owners, operators and occupants of dwellings and multiple dwellings and provides for administration, enforcement and penalties; and WHEREAS, the existing Mounds View Housing Code is in need to modifications in order to adequately meet minimum housing standards; and WHEREAS, the Planning Commission recommends modification to the Housing Code to include the following: a. Stipulation of internal storage standards b. Stricter regulations regarding enforcement measures c. Stricter regulations regarding occupancy standards; and WHEREAS, Ordinance No. 572 amending the Housing Code addresses internal storage and provides for stricter enforcement measures and occupancy standards; NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Mounds View recommends approval of Ordinance No. 572 amending Chapter 1005 of the Mounds View Municipal Code entitled, "The Housing Code." Adopted this 7th day of February, 1996 ATTEST: Chairperson (SEAL) Planning Associate • • ORDINANCE NO. 572 • CITY OF MOUNDS VIEW COUNTY OF RAMVISEY STATE OF MINNESOTA AN ORDINANCE RELATING TO PUBLIC HEALTH, SAFETY AND WELFARE, AMENDING THE CITY'S HOUSING CODE, ESTABLISHING INTERIOR STORAGE REQUIREMENTS AND ROOM DIMENSIONS, AMENDING MULTIPLE DWELLING INSPECTION AND REGISTRATION PROCEDURES, GRANTING AUTHORITY TO THE BUILDING INSPECTION DEPARTMENT AUTHORITY TO MAKE OR ORDER CORRECTIONS TO, OR ORDER VACATION OF, BUILDINGS IN VIOLATIONS OF THE CITY'S HOUSING CODE, AND AMENDING TITLE 1000, CHAPTER 1005 OF THE MOUNDS VIEW CITY CODE. THE CITY OF MOUNDS VIEW ORDAINS: Sec. 1. Section 1005.07, subdivision 5 of the Mounds View City Code is amended to read: Subd. 5. Sanitation: The interior shall be maintained in a clean and sanitary condition, free from accumulation of rubbish, garbage,junk or debris and no materials shall be stored in a manner that impedes free access to all windows, doors, or heating and other fixtures. No disconnected appliances, fixtures not in use or other items shall be allowed to accumulate or stored on the premises. Sec. 2. Section 1005.09 of the Mounds View City Code is amended by adding a new siihdivisionto read: Subd. 8. Room Dimensions: a. Ceiling Heights: Habitable space shall have a ceiling height of not less than seven feet six inches (7'6") except as otherwise permitted in the Section. Kitchens, halls, bedrooms, and toilet compartments may have a ceiling height of not less than seven feet (7') measured to the lower projection from the ceiling. Where exposed beam ceiling members are spaced at forty-eight (48") on center, ceiling height shall be measured to the bottom of these members. Where exposed beam ceiling members are spaced at forty-eight inches (48") or more on center, ceiling height shall be measured to the bottom of the deck supported by • these members, provided that the bottom of the members is not less than seven feet (7') above the floor. • If any room in a building has a sloping ceiling, the prescribed ceiling height for the room is required in only one-half('/) the area thereof No portions of the room measuring less than five feet (5') from the finished floor to the finished ceiling shall be included in any computation of the minimum area thereof If any room has a furred ceiling, the prescribed ceiling height is required in two-thirds (2/3) the area thereof, but in no case shall the height of the furred ceiling be less than seven feet (7'). b. Floor Area: Dwelling units and rooming units shall have at least one (1) room which shall have not less than one hundred twenty (120) square,feet of floor area. Other habitable rooms, except kitchens, shall have an area of not less than seventy (70) square feet. Where more than two (2) persons occupy a room for sleeping purposes, the required floor area shall be increased at the rate of fifty (50) square feet for each occupant. Sec. 3. Section 1005.12, subdivision 2 of the Mounds View City Code is amended by adding a new subparagraph to read: d. The certificate shall state that the structure has been inspected and is in compliance with the requirements of this Chapter. Sec. 4. Section 1005.12, subdivision 4 of the Mounds View City Code is amended to read: • Subd. 4. Annual Renewal of Registration: The owner of a multiple dwelling or his agent shall annually apply for a renewal of the certificate of registration on or before September March 30. Renewal of the registration is contingent upon compliance of this Chapter. Sec. 5. Section 1005.12, subdivision 5 of the Mounds View City Code is amended to read: Subd. 5. Transfer of Registration: A certificate of registration for the unexpired portion of the licensed term is transferrable, for a fee of fifteen dollars ($15), to any person who has actually acquired legal ownership of a registered building . - • - . •. •• • - - . •- .-. • -•- . ., • ••. •, l . - • .. • •• • • - • • • • -.•5. • • • -• •• � . . 5 - •- • W- ••g • •• • 4.1•V ch It is the responsibility of the current owner to notify the purchaser that a transfer must be filed with the Building Inspection Department immediately upon acquiring legal ownership. The license shall terminate upon failure to apply for its transfer within 30 days s following the prior-to change of legal ownership. • Sec. 6. Section 1005.12 is amended by adding a new subdivision to read: • Subd. 8. Inspection fees: The registration fee for an initial or renewed certificate of registration shall include the fee for two.inspections or attempted inspections by Enforcement Officer. A fee, established by City Council resolution, shall be charged for any additional inspections or attempted inspections required, whether due to the multiple dwelling failure of the reinspection, the Enforcement Officer's inability to gain access to the multiple dwelling at the time of attempted reinspection, or otherwise, and must be paid before a certificate of registration will be issued. Sec. 7. Section 1005.14 is amended by adding new subdivisions to read: Subd. 3. Posting to Prevent Occupancy: The Building Inspection Department may prevent occupancy of any building or structure in violation of the Chapter by posting the building or structure. Posting may occur if any owner, agent, licensee, or other responsible person has been notified by inspection report of items which must be corrected within the time provided for in the inspection report or this Chapter and such corrections have not been made within the stated time. No person shall remove or tamper with any placard or other device used for posting. No person shall reside in, occupy, or cause to be occupied any building structure, or dwelling that has been posted to prevent occupancy. • Subd. 4. Correction of Immediate Hazards: a. Immediate hazards shall include, but not be limited to: (1) Heating systems that are unsafe due to burned-out or rusted heat exchangers; burned-out, rusted, or plugged flues; inadequate venting; connection to unsafe gas supplies; or lack of capacity to adequately heat the dwelling unit. (2) Water heaters that are unsafe due to burned-out or rusted heat exchangers; burned-out, rusted, or plugged flues; inadequate venting; connection to unsafe gas supplies; or lack of temperature or pressure-relief valves. (3) Electrical systems that are unsafe due to overloading; damaged or deteriorated equipment; improperly taped or spliced wiring; exposed uninsulated wires; inadequate distribution systems; such as the improper use of extension cords; or ungrounded systems. (4) Plumbing systems that are unsanitary due to leaking waste systems, fixtures, or traps; lack of a water closet; lack of washing or • bathing facilities; cross-connection of pure water supply with fixtures or sewage lines; or lack of adequate water supply. (5) Structural systems, walls, chimneys, ceilings, roofs, • foundations, and floor systems that will not safely carry imposed loads. (6) Refuse, garbage, human waste, dead vermin or other animals, animal waste, or other materials causing unsanitary conditions. (7) Lack of adequate light or air. (8) Infestation of rats, insects, or other vermin. (9) Other conditions creating an immediate threat to the health or safety of an occupant, the premises, or any other person or property. b. No occupancy shall be permitted of any vacant dwelling unit if an immediate hazard exists on the premises. c. If a dwelling unit is occupied and an immediate hazard exists on the premises, immediate corrective action shall be taken by the owner, agent, licensee, or other responsible person. If immediate corrective action is not taken, the Enforcement Officer may order that the dwelling unit be vacated. Sec. 8. Section 1005.16, subdivision 2(b) is amended to read: • b. Mailing and Posting of Notice: The notice of violation shall be•sent by certified mail to the last known address of such person, and. If the violations are not corrected within thirty(30) days, such notice shall be published once in the City's official newspaper. Sec. 9. Section 1005.16, is amended by adding a new subdivision to read: Subd. 4. Correction of Violation by City and Assessment of Costs: In all cases of violation of this Chapter, the Building Inspection Department may abate, remove, or otherwise remedy the violation and take any action permissible under State law to specially assess or otherwise charge the cost of such abatement, removal, or remedy against the premises where the violation was located. • Sec. 10. This Ordinance is effective thirty days after its publication. Read by the City Council of the City of Mounds View this day of , 1996. Read and passed by the City Council of the City of Mounds View this day of , 1996. Mayor AT FEST: Clerk-Administrator Approved as to form: City Attorney I • MEMORANDUM TO: PLANNING COMMISSION FROM: JOYCE PRUITT,PLANNING ASSOCIATE DATE: February 01, 1996 SUBJECT: CONDITIONAL USE PERMIT,LINDER'S GREENHOUSES MOUNDS VIEW SQUARE, PLANNING CASE NO. 435-95 Pete Linder, representing Linder's Greenhouses, has made application for a Conditional Use Permit to allow for the operation of an outdoor sales operation at Mounds View Square. As you may recall, Linder's was issued a C.U.P. in 1995 for a similar operation at Mounds View Square. The current request would allow the operation to be set up in the same manner and same location as 1995. In the letter of application, Mr. Linder requests to hook up to a hydrant on the property in order to get water for the operation. Charges will remain the same as last year, including a $100 • hydrant deposit, a $20 wrench deposit, and a $20 adapter valve deposit. These deposits are refundable. In addition, a $1 day fee for water service will be charged, which is the same as last year. Staff has checked with the Director of Public Works and as long as the applicant meters the hydrant usage, there is no problem with the request. Staff would also like to add that the City received no negative comments on the operation last year. All materials submitted by the applicant were enclosed in the January 17, 1996 packet. If you require copies or have any questions, please do not hesitate to give me a call. • • MEMORANDUM TO: PLANNING COMMISSION FROM: JOYCE PRUITT, PLANNING ASSOCIATE DATE: FEBRUARY 01, 1996 SUBJECT: REQUEST FOR REFUND OF APPLICATION FEE FOR LINDA KAY NELSON, 7520 GREENFIELD AVENUE,PLANNING CASE NO. 431-95 Linda Kay Nelson applied for a Conditional Use Permit on November 20, 1995, in order to allow a residential dog kennel at her 7520 Greenfield Avenue property. Since this time, she has removed one the three dogs and has provided the City with proof of this removal. In addition, vaccination information and current dog licenses have been provided for the two remaining dogs, a Shepard mix and a Pekingese. Ms. Nelson has rescinded her CUP application and requested a refund of the $75 fee. • • • MEMORANDUM TO: PLANNING COMMISSION FROM: JOYCE PRUITT, PLANNING ASSOCIATE DATE: January 29, 1996 SUBJECT: PLANNING COMMISSION BYLAWS Attached for your review are the Planning Commission Bylaws. Chapter 401.05, Subdivision 7, of the Mounds View Municipal Code requires that the bylaws be reviewed on an annual basis at the first regular meeting of February. The Bylaws were last revised in 1993, with the approval of Resolution 358-93. This Resolution and accompanying Bylaws have been included for your reference. If you have any questions on this matter, please call. • MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 358-93 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING AMENDING THE EXISTING 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 determined that changes were deemed to be necessary in the Bylaws; and WHEREAS, the changes are reflected in the revised Bylaws dated February, 1993 . NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the revised Bylaws dated February, 1993 . 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 3rd day of February, 1993 . ATTEST: . , / Chairman/ '/ (SEAL) / /1---7 Planner / i MOUNDS VIEW PLANNING COMMISSION BYLAWS AUTHORITY. These Bylaws are established in accordance with City Ordinance 32.05, Subdivision 6 D, "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 ofmrakingxecommendations t th City Council, conducting public hearings, convening the Board of Adjust- ments and Appeals, and other official business. Rev. 2/93 11, 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. ATi'ENDANCE. Commission members shall advise the designated Staff member or chairperson of an anticipated absence from any regularly scheduled Planning Commission meeting. Any member not - 2' - - . - Anv member attend- ing less than 20 meetings per year without consent of the commission shall be deemed to have vacated his the office, and such vacancy shall be filled by the City Council pursuant to Chapter 32.09 of the Munici- pal Code. A leave of absence may be granted by the consent of the commission. Rev. 2/93 ID 2 V. PROFESSIONAL CONSULTANTS. Advice from, consultation with, and/or requests for review bythe q h 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. 2/93 3 c) Summary of staff review. • d Summaryof statements made bytheapplicant, ) particularly concessions or agreements by the applicant. 5. 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. 2/93 4 "UNAPPROVED". Approved copies may be obtained upon 41. request. A copy of the approved minutes shall be filed with the Municipal Clerk Clerk-Administrator. 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. 41, Rev. 2/93 5 MOUNDS VIEW PLANNING COMMISSION • BYLAWS AUTHORITY. These Bylaws are established in accordance with City Ordinance 32.05, Subdivision 6D, "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 provisions of the City Charter and the Municipal Code. II. MEETINGS. The regular meetings of the Commission shall be held on • the first and third Wednesdayof each month as established byresolution of the Planning Commission. Regular or agenda meetings may be added or canceled 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 Adjustment and Appeals, and other official business. 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 Meeting Laws. III. INFORMATIONAL PACKETS. Each commissioner shall receive an informational planning report for the items to be placed on the following month's regular business agenda no later than the Friday preceding the agenda meeting. Each commission is responsible for reviewing the material within the packet prior to the regular agenda meeting. • IV. ATTENDANCE. Commission members hall advise the designated Staff member or chairperson of an anticipated absence from any regularly scheduled Planning Commission meeting. Any member attending less than 20 meetings per year without consent of the commission shall be filled by the City Council pursuant to Chapter 32.09 of the Municipal Code. Aleave of absence may be granted by the consent of the commission. VI. 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 411 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 members 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. c) Summary of staff review. d) Summary of statements made by the applicant, particularly concessions or agreements by the applicant. 5. Motion/Second • a) The motion shall be quoted as accurately as possible. • b) The motion shall be prefaced with supportive statements; 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 inclusion in the minutes. 8. Reports by members. 9. Date, time, place and attendance at the preceding regular 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 wither "APPROVED" or "UNAPPROVED". Each commission shall receive a copy of the previous regular business meeting minutes "UNAPPROVED." Approved copies may be obtained upon request. A copy of the approved minutes shall be filed with the Clerk-Administrator. VIII. LIAISON TO COUNCIL. In the event of the absence of the Council exofficio 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. • •