HomeMy WebLinkAboutPlanning Commission Resolution 604-00
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MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 604-00
ClTY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION ADOPTING REVISED BYLAWS FOR THE
MOUNDS VIEW PLANNING AND ZONING COMMISSION
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 year 2000 review of
its bylaws and has determined that minor 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" supersede previous adopted versions
of the bylaws.
BE IT FURTHER RESOLVED that these revised bylaws shall be kept on file with the
City Clerk-Administrator and the Community Development Department, and shall be forwarded
to the City Council for its acceptance.
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 16th day of February, 2000.
hH U-~
Jerry Peters , C air;rson
Attest:
Rick Jopke, Co 1munity Development Director
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Exhibit 1.
CITY OF MOUNDS VIEW
PLANNING AND ZONING COMMISSION BYLAWS
(Revised March 3, 1999 February 2, 2000)
I.
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 bylaw's 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. ADOP110N AND AMl!-NDMl:..NT: 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 forw'arded to the City Council for its information. Any amendments to the Bylaws shall
be adopted by Resolution in the same manner as the original Bylmvs.
B. ANNUAL REVIEW: The Bylaw's shall be reviewed on an annual basis at the first regular
meeting of the Commission in Februm)'.
Ill. MEMBERSHIP AND VACANCIES
Vacancies on the Planning Commission shall be filled in accordance with the Municipal Code,
Sections 401.02 and 401.03.
IV. OFFICERS
A.
OFFICERS NANIED: The officers of the Planning Commission shall consist ofa
chairperson and vice-chairperson. The Commission may create and till 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 the purpose of preparing meeting minutes.
B.
ELEC110NS: 7W?MS
1. Chairperson: Based upon the recommendation of the Plar.ning Commission, the
Mayor, v;ith the approyal of the City Council, shall appoint the chairperson of the
Commission each year. At the first meeting in January, 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 fonvarded to the City Council for action at its fleM first meeting in January.
Based upon the recommendation of the Planning Commission, the Mavor, \vith the
approval of the Citv CounciL shall appoint the chairperson of the Commission each
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2. Vice-Chairperson: The Planning Commission shall elect a vice-chairperson each year at
its first meeting 111 January, following the procedure in Section IV.B.3.
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City or Mounds View
Plmming and Zoning Commission - Bylaws
Page 2
3. Election Procedure: For each office, the chairperson shall invite nominations from
Plmming Commission members. After nominations have been received, the
chairperson shall entertain a motion to close nominations. J I' 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 \\Tite his or her selection
on the ballot. The recording secretary shall tally the ballots m1d 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 m1d Vice Chairperson shall assume office at
the first meeting in February of each year.
5. Term of Office: The chairperson and vice chairperson shall sene one year terms, and
may be re-elected to additional terms in accordm1ce with this Section IV. B.
c. DUnES OF OFNCl:1~S: The chairperson shall preside over the meetings of the Planning
Commission, ,md shall have the authority to add or cancel 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. In the e\'ent of the absence of both
the chairperson and vice-chairperson, those members present shall elect a temporary
chairperson to preside over the meeting.
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 \vill 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 planmng cases acted upon by the Plannmg Commission in
the absence of the Council Liaison.
VI. MEETINGS
A. TYPE",' OFMEEl1NGS; SCHEDUI,E: The mmual meeting schedule of the Commission
shall be adopted by Resolution at the first regular meeting in December for the following
vear.
1. Regular Meetings: Subject to the adopted meeting schedule. the Commission's regular
meetmgs will occur on the first and third Wednesdays of each month for the purpose of
cornening public hearings, making recommendations to the CIty Council. conductmg
business which requires a vote of the Commission, convening as the Board of
Adjustment and Appeals, conducting long-range planning functions and other official
business
2. 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, mformally
renew proposed or pending planning cases or ordinance amendments, discuss preVIOUS
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City of Mounds View
Plcuming and Zoning Commission - Bylaws
Page 3
actions of the City Councilor other Commissions, and to perform other matters not
requiring a vote of the Commission.
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 Councilor 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 yote 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 ,vith 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 or special meetings may be cculceled 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 w'eather or for any other good and sufficient reason. 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.
B.
QUORUM: A majority of the number of voting members appointed to the Commission
shall constitute a quorum.
c.
CONf)UCT ()FME/~71NGS: ADJOURNMENT
I. Meeting Chairperson: Ifneither 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 ,vith the State of
Minnesota Open Meeting Lavv (Minn. Statutes 471.705).
3. Adjournment: Meetings shall adjourn at or before 11 :00 p.rn. 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 for regular meetings and each commission member
shall receive a copy of the unapproved minutes for review culd 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 Plcuming Commission.
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City of Mounds View
PlaIming aIId Zoning Conunission - Bylaws
VI.
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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 "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.
INFORMA TIONAL PACKETS: Each Commissioner shall receive a stalTreport, plans and
additional information, as appropriate, for each item placed on the agenda for any regular or
special meeting. The Commission packet should be delivered at least four days prior to the
meeting. Each Commissioner is responsible for review"ing the material within the packet prior to
the meeting.
VIT.
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.
VHI.
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 Councilor 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. A 7 T1,NDANCH: 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 OFIN1'Jc.REST
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
the Commission shall find that their private or personal interests are involved in any
matter coming before the Commission, they shall disquali(v themselves from taking
part in any discussion or action on the matter; alternatively, they may be disqualified by
a t\vo-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 alTect 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 \vith respect to a particular matter
before the Commission, the Commissioner shall disqualifY himself or herself from
taking part in any discussion or action on the matter.
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City of Mounds View
PlmUling and Zoning Commission - Bylaws
ATTEST:
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c.
EX PARTE CONTACTS: Ex parte contacts are contacts betw'een 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 betw'een Commission members outside the meeting forum, telephone calls
or letters which attempt to inl1uence a Commissioner's opinion on a matter which \vill 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 olTered at the hearing to ensure a fair hearing
for all parties. In all other cases, Plmming 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 notiiYing 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.
Jerrv
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Peterson. Chairperson
Rick Jopke, Community Development Director
N:\l)ATA\GROUPS\COMDLVIPLANCOMM\BYLAWS\BYI,AWS 2000 -- 'W1TII CHANGES. DOC
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CITY OF MOUNDS VIEW
PLANNING AND ZONING COMMISSION BYLAWS
(Revised February 2, 2000)
I. AUTHORITY: The Bylaws of the Mounds View Planning and Zoning Commission (Bylaws)
are established in accordance with the MOlmds View Municipal Code Section 401.06. Subd. 7
"The Commission shall adopt bylaws for its govern.mce 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. A][)OPTlON Of BYLAWS; REVIEW AND AMENDMENT:
A. ADOPll0N 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 bylmvs shall
be forwarded to the City Council for its inlormation, Any amendments to the Bylaws shalJ
be adopted by Resolution in the same manner as the original Bylmvs.
B. ANNUAl, RRf/7EW: 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 \vith the Municipal Code,
Sections 401.02 and 40 i .03.
IV. OFFICERS
A. ()1'Fl(,M~S NAMED: The ofTicers of the Planning Commission shall consist of a
chairperson and vice-chairperson, The Commission may create and till 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: 7ERMS
I. Chairperson: At the first meeting 111 January, the Commission shall conduct an election
in order to make its recommendation for the chairperson, follo\ving the procedure in
Section IV.B.3. The name oCthe person recommended for chairperson shall be
fonvarded to the City Council lor action at its next meeting in January. 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
2. Vice-Chairperson: The Planning CommiSSIOn shall elect a vice-chairperson each year at
its first meeting in January, tollowing the procedure 111 Section IV.B.3.
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City of Mounds View
Planning and Zoning Commission - Byla\ys
Page 2
3. Election Procedure: For each ortIce, 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 voles. 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 w-ith this Section IV. B.
C.
DunES OF OFf1CERS: The chairperson shall preside over the meetings of the Planning
Commission, and shall have the authority to add or cancel 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, In the event of the absence of both
the chairperson and vice-chairperson. those members present shall elect a temporary
chairperson to preside over the meeting.
V. LIAISON TO COIJNCIL: The City Council shall appoint from among its members a Liaison to
the Commission on an annual basis. 11 is expected that the Council Liaison will attend the
Commission meetings on a regular basis. In the event of the absence of the COlUlcil 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 "'ill be considering the planning cases acted upon by the Planning Commission in
the absence of the Council Liaison.
VI. MEETINGS
A.
TYPES OF1vlEE77NGS: SCHlc'f)(JfJE: The annual meeting schedule of the Commission
shall be adopted by Resolution at the first regular meeting in December for the following
year.
I. Regular Meetings: Subject to the adopted meeting schedule, the Commission's regular
meetings will occur on the first and third Wednesdays of each month 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-range planning functions and other official
business,
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City or Mounds Vie\v
Planning and Zoning Commission - Bvlaws
Page 3
2. Agenda Sessions: An Agenda Session is an informal session of the Planning
Commission, typically held immediately follO\ving 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 Councilor other Commissions, and to perform other matters not
requiring a vote of the Commission.
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 Councilor 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 t\VO
Commission members, or by the Director of Community Development. (Emergency
special meetings are those in w'hich 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 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 sulIicient reason. 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.
B. QUORUM: A majority of the number of voting members appointed to the Commission
shall constitute a quorum.
C. CONI)l/C'l' OF MEETINGS: AD.fOURNMi!...NT
1. Meeting Chairperson: Ifneither 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 TV.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 \vith the State of
Milmesota Open Meeting Law (Minn. Statutes 471.705).
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City of Mounds View
Planning and Zoning Commission - Bvlaws
Page 4
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 o[adjournment. If there is no
objection, the Chairperson may declare the meeting adjourned vvithout the necessity of
a motion or vote by the Commission.
D. MINl rtES: Minutes shall be recorded for regular meetings and each commission member
shall receive a copy o[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 "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.
VI. INFORMA TIONAL PACKETS: Each Commissioner shall receive a staf[ report, plans and
additional information, as appropriate, for each item placed on the agenda for any regular or
special meeting. The Commission packet 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 [or
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 Councilor 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.
ATTENDANC1:;: Commission members shall advise the desi!:,1J1ated Staff member or the
Commission chairperson of an anticipated absence [rom 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.
CONl--7.ICT OF INTEREST:
I. General Standard: No Commissioner shall be appointed with private or personal
interests likely to conDict with the general public interest. If any person appointed to
the Commission shall find that their private or personal interests are involved in any
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City or Mounds View
PlaIming and Zoning Commission - Bylaws
ATTEST:
Page 5
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. Conllict 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 \vould substantially alTect 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 \vith respect to a particular matter
before the Commission, the Commissioner shall disqualifY 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 ensure 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 \vhich the matter discussed is under consideration.
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Jerry Petel on, Chairperson
Ri~~ment Director
N:DA Ti\\GROUPS\COl\IDEV\PLA:-.lC01\ll\LB\1..A \\-'S'13 \1..A WS -- 2000,DOC