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HomeMy WebLinkAbout03-03-1999 k-- MOUNDS MOUNDS VIEW PLANNING COMMISSION March 3, 1999 • 7:00 P.M. REGULAR MEETING AGENDA 1. Call to Order 2. Roll Call 3. Citizens Requests and Comments on Items Not on the Agenda CITIZENS: BEFORE SPEAKING,PLEASE COME TO THE PODIUM, AND GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES 4. Approval of Minutes a. January 6, 1999 b. February 3, 1999 5. Discussion of Planning Commission Bylaws Review of revisions made to the Bylaws at last meeting. 6. Discussion of Proposed Ordinance 629 • This proposed ordinance would amend the language in Chapter 401 to be consistent with the approved changes to the Planning Commission Bylaws. 7. 1998 Annual Report 8. Staff Reports/Items of Information a. Review of Previous Council Actions 9. Chairperson and Planning Commissioners Reports 10. Adjournment to Agenda Meeting (Immediately Following Regular Meeting) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * APPLICANTS: YOUR ATTENDANCE AT THIS MEETING IS REQUESTED. PLEASE NOTIFY COMMUNITY DEVELOPMENT AT 717-4020 IF YOU ARE UNABLE TO ATTEND. THANK YOU. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * AGENDA SESSION AGENDA 411 1. Comprehensive Plan Update Development and Process Review. N:\DATA\GROUPS\COMDEV\PLANCOMM\PCAGENDA\1999\3-3-99.REG • PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION • CITY OF MOUNDS VIEW RAMSEY COUNTY,MINNESOTA January 6, 1999 Mounds View City Hall 2401 Highway 10,Mounds View,MN 55112 1. Call to Order The meeting was called to order by Chairperson Peterson at 7:02 p.m., January 6, 1999. 2. Roll Call Members Present: Chairperson Peterson, Commissioners Brasaemle, Stevenson, Miller, Johnson, Obert Members absent: None. Also Present: Community Development Director Rick Jopke, Planning Associate Jim Ericson, and Recorder Stacy Caton. • 3. Citizens' requests and comments on the items NOT on the agenda There were no citizens requests or comments for items that were not on the agenda. 4. Approval of the minutes a. December 16, 1998 Index to Minutes Page Planning Case No. 540-98: Consideration of Resolution No. 567-99, a Resolution 2 Recommending Approval of a Minor Subdivision of 8444 Greenwood Drive, Requested by Dan Danielson Planning Case No. 539-98: Consideration of Resolution No. 568-99, a resolution 3 approving a variance request to allow for a garage which exceeds by one foot the maximum permitted height, requested by Daniel Gates, Property Owner of 5364 Clifton Drive. • January 6, 1999 Mounds View Planning Commission Page 2 Regular Meeting • Motion/Second: Brasaemle/Stevenson to approve the December 2, 1998, meeting minutes as corrected. Nays- 0 Ayes- 6 Y The motion carried. 5. Planning Case No. 540-98 Property involved: 8444 Greenwood Drive Consideration of Resolution No. 567-99, a Resolution Recommending Approval of a Minor Subdivision Request to Divide the Property Located at 8444 Greenwood Drive into Two Parcels. Applicant: Dan Danielson The applicant was not present. Ericson reported that applicant,Dan Danielson,is requesting a minor subdivision of his parents' lot at 8444 Greenwood Drive. The lot is 235 feet along Greenwood Drive and it is 234 feet deep. They propose to split off the south 78 feet of the lot on which the applicant would build a new home, for which he has submitted building plans. The parcels created meet the city's minimum i amu • lot size requirements and also meet the frontage requirements. The lot would bt smaller than the homes that are in the area--most are about 100 feet, although there are some smaller lots. The certificate of survey was reviewed by the city engineer and public.works department who indicated it was acceptable with the addition of easements beinsgo add ated. In addition to the required easements,es off the property owners ed for the and te mayor and city signature block bearing th clerk/administrator. Ericson continued by stating that the other issue that needed to be discussed concerned park dedication requirements. Because this property is larger than 1 acre,the city code specifies that a park dedication fee , in an amount equal to 10%of of that the lanwouldvalue, be $4,7 pa . 70A. The Code also ccording to Ramsey County,the land is valued at$47,700. Ten percent specifies that the dedication fee applicable to land under der an existing home can waived,which reduces the dedication amount 66 percent,to $1,57 Ericson recommended the Planning Commission approve Resolution 567-99, a resolution recommending approval of this minor subdivision request to the City Council,with stipulations. The first stipulation is that the certificate of survey be revised as indicated prior to the Council approving it, also that the applicant make a park dedication payment in the amount specified, $1475, and then before building permits would be issued he applicant would need to record the certificate of survey,the resolution of approval and the • Mounds View Planning Commission January 6, 1999 Regular Meeting Page 3 • Obert asked if the applicant was building this house on the new lot for himself and Ericson stated that he was. Miller asked if the lot was narrower than the other lots, and if so,was there any special reason why. Ericson replied that the remaining property would be 156 feet wide, leaving the door open for a future resubdivision. Miller then asked how the proposed setback compares to the existing homes on the block. Ericson replied that most of the houses are set back thirty to forty feet,with the exception of the home on the subject property, which originally took access from Eastwood Road before Greenwood Drive was constructed. The proposed setback for the new home would be consistent with the other homes. Peterson inquired about existing structures, and whether any cross the proposed property lines, to which Ericson replied no. Brasaemle stated that while he will support this request, he has reservations about the subdivision because he likes the large lots that characterize the city. Peterson asked if the proposed home would have a three-car garage and which side of the lot the garage would be. Ericson responded that the home proposed does include a three-stall garage which would be oriented to the south end of the property. Ericson reminded the Commission • that the footprint shown on the certificate is not binding and is shown for demonstration purposes only. Motion/Second: Brasaemle/Obert to approve Resolution No. 567-99, a resolution recommending approval of a minor subdivision of 8444 Greenwood Drive, requested by Dan Danielson, with stipulations. Ayes - 6 Nays -0 The motion carried. 6. Planning Case No. 539-98 (Public Hearing) Property involved: 5364 Clifton Drive Consideration of Resolution No. 568-99, a Resolution Approving a Variance Request to Allow for a Garage Exceeding the Maximum Permitted Height by One Foot. Applicant: Daniel Gates,property owner. The applicant was present: Ericson stated that Dan Gates,the applicant, is requesting a variance to permit his under- construction garage to exceed the maximum height requirements set by the city code. The city • code specifies that any accessory building cannot exceed a height of 15 feet. The height of an M Mounds View Planning Commission January 6, 1999 Regular Meeting Page 4 • accessory building is not measured from the floor to the peak, but rather from the floor to a point midway on the truss. The applicant submitted a building permit application in August that met the height requirement, but made a change to the plans to allow for the parking of a commercial vehicle inside the garage which necessitated a taller door. The increased height of the door bumped up the height of the garage by one foot as a result. Because the applicant was utilizing the slab from the preexisting garage, the elevation of the floor could not be changed. If he were building a garage from scratch, the floor of the garage could have been poured at a lower elevation than the outside grade elevation so as to accommodate the truck yet in keeping with the height requirement. The result of the variance will be to keep the roofline of the garage in line with the roof of the house. Ericson explained that a case for a hardship can be made, and accordingly, staff drafted a resolution of approval which addresses the criteria that the planning commission needs to look at in order to grant a variance. Approving the variance request would not be detrimental to the intent of the Code. Motion/Second: Johnson/Miller to approve Resolution 568-99, a resolution approving a variance request to allow for a garage exceeding the maximum permitted height by one foot. Ayes - 6 Nays- 0. Motion carries. • 7. Election of Officers The Planning Commission bylaws indicate that the Planning Commission is to annually elect officers--a chairperson and vice-chairperson. Obert nominated Jerry Peterson for Chairperson, citing his years of meritorious service and ever- conscientious leadership. There were no other nominations. Motion/Second: Obert/Miller to re-elect Jerry Peterson as Chairperson for the Planning Commission. Ayes - 6 Nays - 0 Motion carries. Obert nominated Gary Stevenson for vice chairperson, citing his unique insights and dedication to the position. There were no other nominations. Motion/Second: Obert/Johnson to re-elect Gary Stevenson as Vice-Chairperson for the Planning Commission. Ayes - 6. Nays- 0 Motion carries. • Mounds View Planning Commission January 6, 1999 Regular Meeting Page 5 • 8. Staff Reports Jopke discussed recent City Council actions of interest to the Planning Commission such as approval of the Tammie Schmitt CUP, discussion of the Tobias variance appeal and the appointment of Roger Stigney as Council liaison with Gary Quick as the alternate. Jopke reported that the mayor would like to increase the membership of the Planning Commission from seven to nine members and has directed staff to prepare an ordinance to do this. A related discussion was held regarding the current vacancy on the Commission as to when the seat would be filled. Jopke reported that an ad appeared in the last issue of the newsletter which set a February 1, 1999 deadline for application submission. Jopke also stated that the mayor has requested an annual report from the Planning Commission detailing its work during the last year. After some discussion,the Planning Commission directed staff to draft a summary of the planning cases heard by the Commission as well as any other activities it has been involved in 1998 and asked to review said report before being forwarded to the Council. • 9. Chairperson and Planning Commissioner Reports There were no Chairperson or Planning Commissioner reports. 10. Adjournment The meeting was adjourned at 8:25 p.m. Respectfully submitted, Rick Jopke Community Development Director N:\DATA\USERS\BARBB\SHARE\KEEP-IT\WPDOCS\COMMDEV\PLANNING\MINUTES\01-06-99.WPD • 1-1 b. f PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION • CITY OF MOUNDS VIEW RAMSEY COUNTY,MINNESOTA February 3, 1999 Mounds View City Hall 2401 Highway 10,Mounds V ,MN 55112 1. Call to Order R Tk The meeting was called to order by Chairperson Peters•Al t 7:01 ., Febru. `t,•$1),A 2. Roll Call �v 4r r '4yy m£ Members Present: Chairperson Peterson, Commissio r Bra Ayens on, Miller, Johnson, and Obert. Members Absent: None. Also Present: Community Developme v irector 37.<1.ck Jo• i ing Associate Jim Ericson, Council Liaison Roger Stigney, ander 4•rder y Ski 3. Citizens' requests and coin• s on t i mems NO on the agenda There were 'tizens comme �` s that were not on the agenda. ICIjRISF�F1y1 ` .,:. Index to Mi s w) Page Discu of Planning o7b- �•n Bylaws. 1 D `ssion of Proposed c` dinance 628, an Ordinance Relating to Outdoor 2 P Pvi,ice Sales and La<. `and Garden Sales in a B-3,B-4, or I-1 District. -04 Di""+ of Planning Commission Bylaws All Commissioners agreed that unless otherwise stated, all meetings would be regular meetings. It was mentioned that there was a need to get things on record. • Planning Associate Ericson stated that Staff would make revisions to the Bylaws according to Mounds View Planning Commission February 3, 1999 Regular Meeting Page 2 • discussion regarding this topic and would draft an ordinance to amend the City Code with regard to Chapter 401,Planning Commission, so that the Code and bylaws are consistent with one another. Director Jopke relayed to the Commission the fact that all P1 Y ing C• � " meetings would soon be televised to make sure all public meetings were be' d more accessible in an effort to gather feedback and to encoura• .. '•".lic invo ry Various comments were made and questions posed as t e func ing of the em and how it could be produced in such a way to make th � �` etter aware of13�� oing on, such as by having a brief discussion at the beginningf � eting about the previous meeting to get viewers up to speed and scrolling agendas. for viewing. There was concern raised that some of the work the Commissiones mai �ous and boring to anyone watching at home. All members voiced co. � of losm• . d not being able to get them back. It was thought that not televisi ee 4„ sessions#� �d help retain and expand viewership. '144494044444• 5. Discussion of Ordinance No. 62� � ` :ting �� ` •propo �to allow temporary produce,lawn and garden sales within the B -��` 1-4 and:t=i omn a rstricts. Planning Ay:i.:4,0 .teEric �iBis repo � � ighlighted the text of the proposed ordinan � •g the .`" ,, if it was fair to allow certain types of temporary sales operations rs. • � w better can this situation be addressed? Planning As fa ,> dicat ,' =at conditional use permits could be granted as normal, except t an exp With the Linders operation,the CUP typically runs for a certai. -riod of time. 'hat, the CUP could be made to not expire subject to conditions that met and admini ,R-3 ` y reviewed each year. Any problems or complaints with an o.. 'ion would trigger =view. ii0f1P,.0.e“.,}..16°fr` tems of Information Community Development Director Jopke reviewed with the Commission a Council directive to perform a random open-ended survey to get the residents reaction to living in Mounds View. The basis for this idea came from the discussion concerning what the City should do with the remnant parcel created by the Edgewood Drive realignment and what the residents of the community feel should be done with it, as it is publicly owned. 1111 Mounds View Planning Commission February 3, 1999 Regular Meeting Page 3 • The Commission questioned the feasibility and success of such a survey unless it was professionally composed and executed. Commissioner Brasaemle recalled that the Humphrey Institute at the U rsi innesota had a group that constructed and administered different types of surve 7. Chairperson and Planning Commissioner Reports �� There were no Chairperson or Planning Commissioner rvid 8. _ Ky � F3 Adjournment �. �x n uYY, The meeting was adjourned at 9:30 . Respectfu omitted, � r Rick Jopk Comm ,r y Developm O _ q NA\USERS\BARBB\S \KEEP-TT\WPDOCS\COMMDEV\PLANNING\MINUTES\02-03-99.REG 110 G. • PLANNING COMMISSION MEMO To: Mounds View Planning Commission From: Rick Jopke, Community Development Director Subject: Approval of Amended Planning Commission Bylaws Special Planning Case No. SP-069-99 Meeting Date: February 17, 1999 Background: According to Section 401.06, Subdivision 7 of the Municipal Code, the Planning Commission is to review its Bylaws on an annual basis at the first regular meeting in February. The Planning commission has reviewed the bylaws at the February 3rd and 17th meetings and suggested amendments. The suggested amendments have been incorporated into the attached draft bylaws. • Recommendation: Discuss the attached draft bylaws and adopt Resolution No. 570-99, a resolution adopting the bylaws. Rick Jopke, Co unity Development Director N:\DATA\GROUPS\COMDEV\PLANCOMM\BYLAWS\PCREPORT.99B • NMIb. CITY OF MOUNDS VIEW PLANNING AND ZONING COMMISSION BYLAWS • (Revised as of February17, 1999) AUTHORITY: The Bylaws of the Mounds View Planning and Zoning Commission (Bylaws) are established in accordance with the Mounds View Municipal Code Section 401.06. Subd. 7"The Commission shall adopt bylaws for its governance and for the transaction of its business." Where there is a conflict between the provisions of the Bylaws and the provisions of the City Charter and the Municipal Code,the provisions of the City Charter and the Municipal Code shall govern. (For purposes of simplicity,the Planning and Zoning Commission may hereinafter be referred to as the Planning Commission or the Commission.) II. ADOPTION OF BYLAWS; REVIEW AND AMENDMENT: A. ADOPTION AND AMENDMENT: The Bylaws shall be adopted by Resolution by an affirmative vote of the majority of members of the Planning and Zoning Commission appointed as voting members, and shall be placed on file with the City Clerk- Administrator and the Community Development Department. A copy of the bylaws shall be forwarded to the City Council for its information. Any amendments to the Bylaws shall be adopted by Resolution in the same manner as the original Bylaws. B. ANNUAL REVIEW: The Bylaws shall be reviewed on an annual basis at the first regular meeting of the Commission in February. III. MEMBERSHIP AND VACANCIES • Vacancies on the Planning Commission shall be filled in accordance with the Municipal Code, Section 401.03. The City Council-shall should refer applications for Planning Commission appointments to the Planning Commission for recommendations prior to taking action to fill vacancies. IV. OFFICERS A. OFFICERS NAMED: The officers of the Planning Commission shall consist of a chairperson and vice-chairperson. The Commission may create and fill such other offices from its members, as it may determine,to transact Commission business. In addition,the Director of Community Development, or his or her designee, shall act as the recording secretary for the Commission for purpose of preparing meeting minutes., B. ELECTIONS; TERMS 1. Chairperson: Based upon the recommendation of the Planning Commission,the Mayor, with the approval of the City Council, shall appoint the chairperson of the Commission each year. At the first meeting in December,the Commission shall conduct an election in order to make its recommendation for the chairperson, following the procedure in Section IV.B.3. The name of the person recommended for chairperson shall be • forwarded to the City Council for action at its first meeting in January. • City of Mounds View February 17,1999 Planning and Zoning Commission-Bylaws Page 2 2. Vice-Chairperson: The Planning Commission shall elect a vice-chairperson each year at its first meeting in January, following the procedure in Section IV.B.3. 3. Election Procedure: For each office,the chairperson shall invite nominations from Planning Commission members. After nominations have been received, the chairperson shall entertain a motion to close nominations. If such motion is made and passed, and more than one nomination has been made, the chairperson shall distribute ballots to the Commission members and each member shall write his or her selection on the ballot. The recording secretary shall tally the ballots and announce the nominee receiving the most votes. In the event of a tie,the recording secretary shall announce the nominees tied in the voting and balloting shall be repeated until an election occurs. If only one nomination has been received,the chairperson may conduct the voting by voice vote. If a majority of the members present vote in the affirmative for the nominee,the nominee shall be elected. 4. Assumption of Duties: The Chairperson and Vice Chairperson shall assume office at the first meeting in February of each year. 5. Term of Office: The chairperson and vice chairperson shall serve one year terms, and may be re-elected to additional terms in accordance with this Section IV.B. • C. DUTIES OF OFFICERS: The chairperson shall preside over the meetings of the Planning Commission, and shall have the authority to add or cancel agcnda rcvicw mcctings or regular meetings and to call special meetings as provided in Section VI. The vice chairperson shall assume the duties of the chairperson, in the absence of the chairperson. V. LIAISON TO COUNCIL: The City Council shall appoint from among its members a Liaison to the Commission on an annual basis. It is expected that the Council Liaison will attend the Commission meetings on a regular basis. In the event of the absence of the Council Liaison at a Commission meeting, a Commission member may be appointed by the chairperson to represent the Planning Commission at the next regular City Council meeting or at the meeting where the City Council will be considering the planning cases acted upon by the Planning Commission in the absence of the Council Liaison. VI. MEETINGS A. TYPES OF MEETINGS; SCHEDULE: The annual meetings schedule of the Commission shall be - - _ _ - - - - -_ -' .. . _ . . • - . .:1 - - -_ • - _ . -- •- = - -- = •.'- = •- - _ _- adopted by Resolution at the first regular meeting in December for the following year. 1. Regular Meetings: Subject to the adopted meeting schedule,the Commission's regular meetings will occur on the first and third Wednesdays of each month sha —a-regular • business-meeting-for the purpose of convening public hearings, making recommendations to the City Council, conducting business which requires a vote of the Commission, convening as the Board of Adjustment and Appeals, conducting long- City of Mounds View February 17,1999 • Planning and Zoning Commission-Bylaws Page 3 range planning functions and other official business. 2. Agenda Sessions Review—Meetings: An Agenda Session is an informal session of the Planning Commission. typically held immediately following adjournment of a Regular or Special meeting. at which time the Planning Commission may review minutes, informally review proposed or pending planning cases or ordinance amendments, discuss previous actions of the City Council or other Commissions, and to perform other matters not requiring a vote of the Commission.The third Wednesday of the 3. Special Meetings: From time to time, special meetings may be called in order to process significant caseloads, to review works in progress such as comprehensive plan updates or municipal code revisions, or to undertake a retreat or strategic planning session, either amongst itself or in the company of the City Council or other commissions. Special meetings can be proposed by any Commission member or at the request of the Director of Community Development, yet must be approved by a majority vote of the Commission. Emergency special meetings can be called • via written notice to the Director of Community Development by the Chairperson or two Commission members, or by the Director of Community Development. (Emergency special meetings are those in which the subject matter is of such an immediate concern that it cannot be delayed until the next regular meeting of the Planning Commission.) The Director of Community Development shall post and mail a notice of any special meeting in accordance with State Statutes. Planning Commission members shall be notified by telephone and in writing, if possible. at least seven days prior to a special meeting. 4. Cancellation of Meetings: Regular-agenda-review-or special meetings may be canceled by the chairperson or Community Development Director in the event that there are no items of business requiring the attention of the Commission. or for lack of a quorum. or in response to inclement weather or for any other good and sufficient reason. -s;or Members of the Commission shall be notified by telephone of any meeting • cancellation. A notice of the meeting cancellation shall be posted as required by State Statutes. • City of Mounds View February 17,1999 Planning and Zoning Commission-Bylaws Page 4 B. QUORUM: A majority of the number of voting members appointed to the Commission shall constitute a quorum. C. CONDUCT OF MEETINGS;ADJOURNMENT 1. Meeting Chairperson: If neither the chairperson nor the vice chairperson is present to conduct a meeting of the Planning Commission,the Planning Commission may elect a meeting chair from among those members present prior to the commencement of business. The election shall follow the procedures set forth in Section IV.B.3, except that the Community Development Director, or his or her designee, shall conduct the election. 2. Open Meeting Law: Meetings shall be conducted in accordance with the State of Minnesota Open Meeting Law(Minn. Statutes 471.705). 3. Adjournment: Meetings shall adjourn at or before 11:00 p.m. unless a two-thirds majority of the members present agree to extend the time of adjournment. If there is no objection,the Chairperson may declare the meeting adjourned without the necessity of a motion or vote by the Commission. • D. MINUTES: Minutes shall be recorded prepared for regular meetings and each commission member shall receive a copy of the unapproved minutes for review and approval at a succeeding meeting. Minutes shall be approved by motion. Approved minutes shall be the official record of the business conducted and actions taken by the Planning Commission. Commission members may request copies of approved minutes after they have been corrected, if necessary, and signed as approved. Copies of the approved minutes shall be filed with the '-- - • • - -•- : : : - - - Community Development Department. Unapproved minutes shall be clearly marked"DRAFT"; approved minutes shall be marked"UNAPPROVED"or"APPROVED". A policy statement regarding the content and format of the minutes shall be on file with the Director of Community Development which may be reviewed from time to time as needed. Fhe 1. typc of mccting,whcthcr agenda review,regular, or special 2. date,timc and place of the mccting 3. time mccting called to ordcr 4. roll call of mcmbcrs present, and whcthcr absent mcmbcrs arc cxcuscd or uncxcused City of Mounds View February 17,1999 • Planning and Zoning Commission-Bylaws Page 5 f. summary of comments made by each person testifying, with the name and address of the person noted c. whether motion carried or failed 9. reports by staff 11. if the minutes arc for a regular meeting, date,time, place and attendance at the 12. time of adjournment 13. signature of chairperson and recording secretary VI. INFORMATIONAL PACKETS: Each Commissioner shall receive a staff report, plans and additional information, as appropriate, for each item placed on the agenda-ate for any regular or special meeting. The Commission packet-shall should be delivered at least four days prior to the meeting. Each Commissioner is responsible for • reviewing the material within the packet prior to the meeting. VII. 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, Section 401.07. VIII. SUPPLEMENTARY PUBLICATIONS: All Commission members shall receive a copy of the Mounds View Municipal Code and a copy of the Municipal Comprehensive Plan as well as other materials provided by the City Council or City Staff. These materials shall be retained by each commission member and returned to the Community Development Director upon the member's resignation or termination of appointment. IX. CONDUCT OF MEMBERS A. ATTENDANCE: Commission members shall advise the designated Staff member or the Commission chairperson of an anticipated absence from any regularly scheduled Planning Commission meeting. Any member attending less than 20 meetings per year without the consent of the Commission shall be deemed to have vacated the office, and such vacancy shall be filled by the City Council pursuant to Section 401.03, Subd. 1. A leave of absence may be granted by the consent of the Commission. B. CONFLICT OF INTEREST: • 1. General Standard:No Commissioner shall be appointed with private or personal interests likely to conflict with the general public interest. If any person appointed to • City of Mounds View February 17,1999 Planning and Zoning Commission-Bylaws Page 6 the Commission shall find that their private or personal interests are involved in any matter coming before the Commission,they shall disqualify themselves from taking part in any discussion or action on the matter;alternatively, they may be disqualified by a two-thirds (2/3) majority vote of the Commissioners in attendance. 2. Conflict Due to Economic Interests: A Commissioner has a conflict of interest if, in his or her discharge of official duties, would be required to take an action or make a decision that would substantially affect the Commissioner's financial interests or those of an associated business, unless the effect on the Commissioner is no greater than on other members of the Commissioner's business classification,profession, or occupation. In the event a conflict of interest exists with respect to a particular matter before the Commission,the Commissioner shall disqualify thcmsclf himself or herself from taking part in any discussion or action on the matter. C. EX PARTE CONTACTS: Ex parte contacts are contacts between individuals seeking to influence the decisions of the Planning Commission and individual Commission members outside the meeting forum. Such contacts include meetings with project proponents, residents, property owners, and citizens separate from Commission meetings, communication between Commission members outside the meeting forum, telephone calls or letters which attempt to influence a Commissioner's opinion on a matter which • will be subject to the Commissioner's vote. When the Planning Commission is involved in a matter which is to be heard and decided by the Commission(e.g. variances), Planning Commissioners shall indicate to the person contacting them that such contact is inappropriate and all testimony needs to be offered at the hearing to e-insure a fair hearing for all parties. In all other cases,Planning Commissioners should discourage such contacts and should avoid expressing any opinion as to the merits of the case. When ex parte contacts occur,the Planning Commissioner is responsible for notifying the Community Development Director, and for conveying the substance of the communication at the next commission meeting at which the matter discussed is under consideration. On March 3, 1999,the Planning Commission approved Resolution No. 570-99, a resolution adopting its official Bylaws (revised 2/17/99) as presented herein and a revised meeting schedule. Jerry Peterson, Chairperson ATTEST: Rick Jopke, Community Development Director N:\DATA\GROUPS\COMDEV\PLANCOMM\BYLAWS\BYLAWS.99 • RESOLUTION NO. 570-99 CITY OF MOUNDS VIEW • COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ADOPTING REVISED BYLAWS FOR THE PLANNING AND ZONING COMMISSION; PLANNING CASE NO. SP069-99. WHEREAS, Section 401.06, Subd. 7 of the Mounds View Municipal Code requires the Planning and Zoning Commission to adopt bylaws for its governance and for the transaction of its business, and for annual review of these bylaws; and WHEREAS,the Planning and Zoning Commission has conducted its 1999 review of its bylaws and has determined that revisions are needed. NOW, THEREFORE, BE IT RESOLVED that the bylaws for the Planning and Zoning Commission shall be revised as shown in"Exhibit A", attached hereto and incorporated herein by this reference, and that the bylaws as shown in"Exhibit A" supercede previous adopted versions of the bylaws. BE IT FURTHER RESOLVED that these revised bylaws shall be kept on file with the III City Clerk-Administrator and the Community Development Department, and shall be forwarded to the City Council for acceptance. Adopted this 3rd day of March, 1999. Jerry Peterson, Chairperson Attest: Rick Jopke, Community Development Director N:\DATA\GROUPS\COMDEV\PLANCOMM\PCRESOS\99BYLAWS.RES • PLANNING COMMISSION MEMO To: Mounds View Planning Commission From: Rick Jopke, Community Development Director Subject: Review of Proposed Ordinance No. 629 • Special Planning Case No. SP-069-99 Meeting Date: February 17, 1999 Background: Attached for your review is the second draft of the proposed Ordinance No. 629, an ordinance which amends Chapter 401 of the municipal Code pertaining to the Planning Commission. The proposed ordinance is necessary to make the ordinace consistent with the Planning Commission Bylaws. The draft ordinance incorporates the changes suggested at the February 3rd and 17th Planning Commission meetings. • Recommendation: Discuss the attached draft Ordinance No. 629 and pass Resolution No. 572-99 recommending City Council approval of the ordinance. C.44, Rick Jopke, Co unity Development Director N:\DATA\GROUPS\COMDEV\PLANCOMM\BYLAWS\PCREPORT.99C i RESOLUTION NO. 572-99 CITY OF MOUNDS VIEW • COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING CITY COUNCIL APPROVAL OF ORDINANCE NO. 629; AN ORDINANCE AMENDING THE CHAPTER 401 OF THE MOUNDS VIEW MUNICIPAL CODE TO BE CONSISTENT WITH THE PLANNING AND ZONING COMMISSION BYLAWS; PLANNING CASE NO. SP069-99. WHEREAS, Section 401.06, Subd. 7 of the Mounds View Municipal Code requires the Planning and Zoning Commission to adopt bylaws for its governance and for the transaction of its business, and for annual review of these bylaws; and WHEREAS,the Planning and Zoning Commission has conducted its 1999 review of its bylaws and has determined that revisions are needed; and. WHEREAS,the Planning and Zoning Commission has adopted changes to its bylaws; and WHEREAS,the above mentioned bylaws changes and Section 401.06 of the Mounds View Municipal Code are inconsistent; and WHEREAS,the Planning and Zoning Commission has reviewed Ordinance No. 629, an • ordinance amendment to eliminate the inconsistency between the bylaws and Section 410.06 of the Mounds View Municipal Code. NOW, THEREFORE,BE IT RESOLVED that the Mounds View Planning Commission recommends City Council approval of Ordinance No. 629, an ordinance amending Chapter 401 of the Mounds View Municipal Code relating to the Planning and Zoning Commission of Mounds View. 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 March, 1999. Jerry Peterson, Chairperson Attest: Rick Jopke, Community Development Director N:\DATA\GROUPS\COMDEW'LANCOMM\PCRESOS\ORD629.RES 110 Draft#2 ORDINANCE NO. 629 • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 401 OF THE MOUNDS VIEW MUNICIPAL CODE RELATING TO THE PLANNING AND ZONING COMMISSION OF MOUNDS VIEW, SPECIAL PLANNING CASE SP-069-99 THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1: Section 401.06 of the Mounds View Municipal Code is hereby amended with the proposed additions underlined and italicized and deletions struck out and italicized, respectively,to read as follows: 401.06: ORGANIZATION; MEETINGS: Subd. 3. Agenda Mcctings: Agenda mcctings of the Planning and Zoning Commission may be held for the purpose of conducting site plan reviews, examination of proposed requiring a vote of the Commission. Agenda meetings shall be held on a day and at a • time and a place which the Commission shall fix by resolution. Subd. 3. Agenda Sessions: An Agenda Session is an informal session of the Planning Commission. typically held immediately following adjournment of a Regular or Special meeting, at which time the Planning Commission may review minutes, informally review proposed or pending planning cases or ordinance amendments, and to perform other matters not requiring a vote of the Commission. Subd. 4. Special Mcctings: Special mcctings may be called by the chairperson or by any two (2)members of the Planning and Zoning Commission by a written notice filed with the with State statutes. Subd. 4. Special Meetings: Special meetings can be proposed during any regular meeting by any Commission member or at the request of the Director of Community Development., yet must be approved by a majority vote of the Commission. Emergency special meetings may be called via written notice to the Director of Community Development by the Chairperson or two Commission members. or by the Director of Community Development. The Director of Community Development shall post and mail a notice of any special meeting in accordance with State Statutes. Section 2. This Ordinance goes into effect thirty(30) days after its publication in the • official City newspaper. 1 Y.. Ordinance 629 Page 2 • Read by the City Council of the City of Mounds View on this day of 1999. Read and passed by the City Council of the City of Mounds View on this_day of , 1998. Dan Coughlin, Mayor ATTEST: Charles S. Whiting, City Clerk/Administrator (SEAL) APPROVED AS TO FORM: • City Attorney • 401.01 401.02 • CHAPTER 401 PLANNING AND ZONING COMMISSION SECTION: 401.01: Commission Established 401.02: Membership; Terms; Oath; Compensation 401.03: Removal from Office; Vacancies 401.04: Powers and Duties 401.05:. Conflict of Interest 401.06: Organization; Meetings 401.07: Employment of Experts; Expenditures 401.08: Annual Report 401.09: Comprehensive Plan Adopted 401.10: Review of Proposed Plats 401.11: Zoning 401.12: Availability of City Records • 401.01: COMMISSION ESTABLISHED: A Planning and Zoning Commission for Mounds View is hereby established. (Ord. 536, 4-25-94) 401.02: MEMBERSHIP; TERMS; OATH; COMPENSATION: Subd. 1. Membership; Terms: a. Appointed Members: The Planning and Zoning Commission shall consist of not less than seven (7) nor more than nine (9) members from the resident population of Mounds View, other than persons elected to a public body, to be appointed by the Mayor with approval of the City Council, from applications submitted. The appointees shall have three (3) year staggered terms; at least two (2) of these terms, but not more than three (3) terms, shall expire each year on December 31. Based upon the recommendation of the Planning and Zoning Commission, the Mayor, with approval of the City Council, shall appoint a chairperson. b. Designated Members: In addition to the appointed membership, two (2) nonvoting members shall be designated by the City Council to serve as liaison to the Planning and Zoning Commission. The term of the appointments shall ordinarily be for one year; • except, that they will terminate with the office from which the nonvoting appointment is derived. City of Mounds View 401.02 401.04 • Subd. 2. Oath and Taking of Office: The appointees shall be duly sworn and take office at the first regular meeting of the Commission in the month of January each year. Both original and successive appointees shall hold their offices until their successors are appointed and qualified. Subd. 3. Compensation: All members of the Commission shall serve without compensation. (Ord. 536, 4-25-94) 401.03: REMOVAL FROM OFFICE; VACANCIES: Subd. 1. Removal from Office: a. An appointed member of the Commission may be removed from office for just cause and on written charges by at least four-fifths (4/ 5) 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. b. In addition, an appointed member may be removed by the City Council for nonattendance at Planning and Zoning Commission meetings, as provided in the by laws • adopted by the Planning and Zoning Commission, or if a Commission member does not attend twenty (20) regularly scheduled meetings per year without the consent of the Commission. c. Based upon the recommendation of the Planning and Zoning Commission,the Mayor, with approval of the City Council, shall fill such vacancies for the unexpired term of the original appointment. Subd. 2. Termination of Appointment: Any Commission member designing to terminate their appointment to the Commission before the expiration of the term shall give written notification to the Planning and Zoning Commission chairman of that intention. (Ord. 536, 4-25-94) 401.04: POWERS AND DUTIES: The Commission shall be the City planning agency as authorized by the Minnesota statutes' and the City Charter.' It shall have the duties and powers which are assigned to it by this Code. (Ord. 536, 4-25-94) ' M.S.A. §462.354, subdivision 1. • 2 See Charter Section 2.02. City of Mounds View • 401.05 401.06 • 401.05: CONFLICT OF INTEREST: No person shall be appointed with private or personal interest likely to conflict with the general public interest. If any person appointed shall find that their private or personal interests are involved in any matter coming before the Commission, they shall disqualify themselves from taking part in action on the matter; alteratively, they may be disqualified by a two-thirds (2/3) majority vote of the Commissioners in attendance. (Ord. 536, 4-25-94) 401.06: ORGANIZATION; MEETINGS: Subd. 1. Officers: At the first regular meeting in January, the Commission shall elect a vice chairman from among its appointed members for a term of one year. The Commission may create and fill such other offices from its members, as it may determine, to transact Commission business. Subd. 2. Regular Meetings: Regular meetings shall be held for the purposes of convening public hearings and conducting business which requires a vote of the Planning and Zoning Commission. The Commission shall hold at least one regular meeting each month on a day and at a time and a place which the Commission shall fix by resolution. • Subd. 3. Agenda Meetings: Agenda meetings of the Planning and Zoning Commission may be held for the purpose of conducting site plan reviews, examination of proposed amendments to the City Code, long range Commission planning, and other matters not requiring a vote of the Commission. Agenda meetings shall be held on a day and at a time and a place which the Commission shall fix by resolution. Subd. 4. Special Meetings: Special meetings may be called by the chairperson or by any two (2) members of the Planning and Zoning Commission by a written notice filed with the Clerk-Administrator, who shall then post and mail a notice of the meeting in accordance with Stats statutes. Subd. 5. Quorum: A majority of the appointed voting Commission members shall constitute a quorum. Subd. 6. Voting Privileges: Each of the appointed members shall have equal voting privileges. Subd. 7. Bylaws: The Commission shall adopt bylaws for its governance and for the transaction of its business. The bylaws shall be reviewed on an annual basis at the first regular meeting in February. Subd. 8. Records: A recording secretary, who may be recommended by the Planning and • Zoning Commission for appointment, shall keep a record of attendance at Commission meetings and a record of resolutions, votes and abstentions on each question requiring a vote. The record of the Commission shall be a public record. (Ord. 536, 4-25-94) City of Mounds View 401.06 401.11 • 401.07: EMPLOYMENT OF EXPERTS; EXPENDITURES: The Commission may request from the City Council the employment of such staff, technicians and experts as may be deemed proper and may request such other funds as may be necessary and proper for the conduct of its affairs. (Ord. 536, 4-25-94) 401.08: ANNUAL REPORT: The City Council may request an annual report from the Planning and Zoning Commission of its works during the preceding year. (Ord. 536, 4-25-94) 401.09: COMPREHENSIVE PLAN ADOPTED: The City hereby adopts as its Comprehensive Plan for future development and growth within the City that certain document hereafter to be referred to as the COMPREHENSIVE PLAN FOR THE CITY OF MOUNDS VIEW, dated 1979, and such Comprehensive Plan is incorporated herein by reference. A copy of the City's Comprehensive Plan is on file in the office of the Clerk-Administrator. (Ord. 536, 4-25-94) 401.10: REVIEW OF PROPOSED PLATS: Before the preliminary approval is given to any proposed platting or property in the Municipality, the preliminary plat shall be submitted to the Planning and Zoning Commission for study and recommendation along with written reports • and recommendations on the plat from the Director of Public Works/City Engineer and City Attorney. The recommendations on and approval of plats by the Planning and Zoning Commission shall be in accordance with Title 1200 of this Code. (Ord. 536, 4-25-94) 401.11: ZONING: Subd. 1. Zoning Plan': The Commission, upon its own motion, may, and upon instruction by the Council shall, prepare a revised Zoning Plan for the Municipality. Before recommending such Plan to the Council, the Commission shall hold at least one public hearing thereon after a published notice of such hearing appears in the legal newspaper at least ten (10) days prior to the hearing. The same procedure shall apply for the preparation of an overall street plan or acquisition of lands for other public purposes. • See Title 1100 of this Code for zoning regulations. City of Mounds View 401.11 401.12 • Subd. 2. Rezoning of Property: See Section 1125.01 of this Code for procedure. (Ord. 536, 4-25-94) 401.12: AVAILABILITY OF CITY RECORDS: Upon the request of the Planning and Zoning Commission, the Clerk-Administrator or a designee shall furnish, within a reasonable time, such records or information as may be required for the work of the Commission. (Ord. 536, 4-25-94) • • City of Mounds View 402.01 402.01 • CHAPTER 402 BOARD OF ADJUSTMENT AND APPEALS SECTION: 402.01: Board Established; Membership 402.01: BOARD ESTABLISHED; MEMBERSHIP: A Board of Adjustments and Appeals, consisting of all appointment members of the Planning and Zoning Commission, is hereby established. The Board shall function under and be governed by the provisions of Section 1125.02 of this Code. (1988 Code §32.10) • • City of Mounds View • PLANNING COMMISSION MEMO To: Mounds View Planning Commission From: Rick Jopke, Community Development Director Subject: Planning Commission Annual Report Meeting Date: February 17, 1999 Background: The City Code in Section 401.08 states: "The City Couission of its works ncil may re equest an year."annual report City from g the Planning and Zoning a written report from the Planning Commission. Council has requested At a previous Planning Commission meeting this request was discussed with the commission and direction was given to staff to prepare a draft written report for Planning Commission review. • Attached is a draft report for Planning Commission consideration. Recommendation: It is recommended that the Planning Commission review the draft report, direct staff to make any changes that are necessary and to submit it to the City Council. Rick Jopke, C mmunity Development Director N:\DATA\GROUPS\COMDEV\PLANCOMM\PCREPORT.99E 110 1998 Annual Planning Commission Report Introduction The City Code in Section 401.08 states: "The City Council may request an annual report from the Planning and Zoning Commission of its works during the proceeding year."The City Council has requested a written report from the Planning Commission. The following is a summary of the activities of the Planning Commission in 1998. 1998 Activities Planning Cases: The Planning Commission considered and acted on the following planning cases in 1998: Comp Plan Amendment: 1 Rezoning: 1 Code Appeal: 1 Conditional Use Permit: 10 Variance: 8 Development Review: 8 • Minor Subdivision: 3 Major Subdivision: 1 PUD Amendment: 1 Easement Vacation: 1 Included in these cases were reviews of major projects including the Anthony Properties/O'Neil PUD, TOLD/Walgreens project, and the Silverview Estates PUD. Comprehensive Plan: The Planning Commission put forth much time and energy toward the complete review and update of the Mounds View Comprehensive Plan, last officially-updated in 1979. In conjunction with this redrafting, the Planning Commission staged three community forums held in February, March and April, designed to help Mounds View residents understand what the Comprehensive Plan is, and most importantly,to gather input from the residents as to their views regarding the future of Mounds View.Notices of invitation were mailed to each property owner and information was posted on the website for general reference. A summary of the results of the forums was completed and sent to all the participants at the forums. Subsequent to the community forums the Planning Commission thoroughly discussed • and completed review of the initial drafts of the community background, land use, housing, and public facilities elements of the Comprehensive Plan. • Miscellaneous: In addition the Planning Commission participated in the discussions of the following: 1. University of Minnesota Design Team --Participated in discussions regarding possibility of"Ring Road" system. 2. I-35 W Corridor Coalition--Provided input concerning community and corridor issues. 3. Highway 10 Corridor Design theme -- Commission members participated in focus groups led by the Hoisington Koegler Group. 4. Code amendments--Reviewed and recommended code amendments concerning driveways and accessory buildings, and permitted uses in B-3 zoning districts. 5. Edgewood Drive realignment/Remnant parcel--Examined options and alternate plans,provided recommendations relating to zoning and possible future uses. 6. Code Enforcement Practices --Discussion regarding open and pending cases, procedural options. 1998 was a busy and productive year for the Planning Commission. The Planning Commission • looks forward to another productive year in 1999. The Planning Commission also looks forward to working with the City Council to provide the input necessary to assist in decisions for the betterment of the City of Mounds View. N:\DATA\GROUPS\COMDEV\PLANCOMM\98ANNUAL.RPT • A.S. ► • PLANNING COMMISSION MEMO To: Mounds View Planning Commission From: Rick Jopke, Community Development Director Subject: Comprehensive Plan Development and Process Overview Meeting Date: February 17, 1999 • Background: Mounds View along with all the other municipalities in the Twin Cities Metropolitan area were required to update their comprehensive plans by the end of 1998. Mounds View along with a majority of the communities were granted extensions to that deadline. Mounds View must now have its plan submitted to the Metropolitan Council by June 30, 1999. The current Comprehensive Plan dates back to 1979. There have been a number of amendments • proposed and discussed since then but appear to have not been adopted. The approach which staff and the Planning Commission have taken is to update the existing Comprehensive Plan rather than starting completely over. More emphasis is being placed on maintenance and improvement of existing land uses than on new development,however. Current Comprehensive Plan Summary: Each commissioner should have a copy of the 1998 Comprehensive Plan Update working document. This is a working document and I anticipate that the final document will have a different format. The following is a listing and status of the major elements of the document: 1. Community Forums: The summary of the community forums held earlier this year is included in the current draft. It is anticipated that an introductory chapter will be drafted which will discuss the intent of the document and summarize the citizen input and approval process which the City used..The community forum summary will be an attachment to document. 2. Community Background: This element is optional according to Met Council Guidelines. This element is an inventory of various aspects of the community including its history,the physical environment of the community, and the demographics of the community. Staff is working on a number of maps which need to be included in the • element. We also hope to update some of the statistical information based on the studies that are currently underway by the I35W Corridor Coalition. A great deal of the statistical information in the document is based on 1990 census data and may be out of . date. Much of this element will be incorporated into the final drafts of other elements to avoid redundancy. 3. Land Use Element: This element is a required by Met Council Guidelines. The land use element includes general land use, residential, commercial, and industrial goals and policies, a future land use plan, and discussion of surface water management,historic site preservation and solar access protection. The Planning Commission has completed its review of the draft element. Major provisions of the current draft include: a. A new land use classification system based on the I35W Corridor Coalition system. b. The existing land use pattern should be maintained with some changes. These changes would include allowing additional commercial development to occur along Highway 10 in mixed use planned unit developments on the north end of the City and through commercial and industrial planned unit developments on the south end of the City. Over the long term,the plan would allow for the future redevelopment of manufactured home parks to medium density housing or in the case of the Towns Edge Terrace manufactured home park to a light industrial planned unit development. The other change would be to the site at the south west corner of the intersection of Long Lake Road and County Road H-2.This site could be developed as medium density single-family attached • housing along County Road H-2 and low density single-family detached housing on the portion of the site having access to Clearview and Louisa Avenues. The existing wetland along Long Lake Road should be protected. c. The plan states that in areas where change is proposed that it is not the intent to force people to move but to guide future usage when property owners decide to redevelop. d. The plan acknowledges the need to review and update the City's storm water management plan. e. The plan states that there is no need for special measures to protect historically significant properties. f. The plan states that solar access protection will be reviewed as part of the process to update the City's zoning code. 4. Housing Element: This is a required element. This element includes discussion of population, housing supply, future housing needs, housing goals and policies, and programs which will be used to achieve the goals. The focus of the plan is on maintaining and improving the existing housing stock of the City. The Planning Commission has finished review of the draft element. 2 • 5. Public Facilities Element: This element is required. The Planning Commission has reviewed a draft of this element. This element includes a sewer and water plan, and a parks and open space plan. This element could include the transportation plan but staff anticipates that transportation will be a separate element. 6. Transportation Element: The Planning Commission has reviewed and commented on the goals and policies section of this element. Staff is currently working on completing the first draft of this element for presentation to the Planning Commission at the March 10 special study session. 7. Economic Development Element: This is an optional element. Staff is currently working with the Economic Development Commission(EDC)to produce this element. The EDC has scheduled a special meeting on March 23, 1999 to discuss this further. 8. Intergovernmental Coordination Element: This is an optional element. The I35W Corridor Coalition has prepared language for corridor communities to consider including in this element. 9. Implementation Element: This element is required and has to include actions the City will take to implement its updated Comprehensive Plan. This element will be dependent on the final form of the rest of the plan and will be the last element drafted. • 10. Introduction and Process Discussion: This will also be completed after the completion of the rest of the plan. Completion Process: Currently my goal is to have a completed draft of the Comprehensive Plan by mid to end April. After that, I would like to present the document to other city commissions and have at least one community forum to present the draft plan to citizens. Following this,the Planning Commission could then have a formal public hearing and then recommend a Comprehensive Plan to the City Council. The City Council would then hold a public hearing and approve the Comprehensive Plan •'- • u - • • •• ' . • ' - •- . • • . ••: u - • •• ' auU Council review the plan would be officially adopted. 4,1 Rick Jopke, Co unity Development Director N:\DATA\GROUPS\COMDEV\PLANCOMM\BYLAW S\PCREPORT.99D • 3