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HomeMy WebLinkAbout02-18-2015 PLANNING COMMISSION REGULAR MEETING AGENDA February 18, 2015 -- 7:00 P.M. 1. Call to Order 2. Roll Call 3. Approval of Minutes: January 21, 2015 4. Citizens Requests and Comments Relating to Planning and Zoning Issues Not Already on the Agenda. (Before speaking, give your full name and address for the record.) 5. Planning Cases A. None 6. Other Planning Activity A. Review Code Amendment for Fish Houses B. Discuss a Potential Code Amendment to Allow Columbariums C. Discuss a Potential Code Amendment to Allow Brew Pubs D. Review Bylaws 7. Review Minutes: A. February 4, 2015 8. Reports A. Upcoming Planning Cases B. Staff Updates C. Council Updates D. Planning Commissioner Reports 9. Next Planning Commission Meetings: A. Wednesday, March 4, 2015 B. Wednesday, March 18, 2015 10. Adjourn PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting February 4, 2015 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 ______________________________________________________________________________ 1. Call to Order The meeting was called to order by Chair Stevenson at 7:00 p.m. for February 4, 2015. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Birken, Carvelli-Yu, Elofson, Rundle, Schiltgen, and Stevenson. Absent and Excused: Commissioner Love. Also Present: Planning Associate Heidi Heller. ______________________________________________________________________________ Index to Minutes Page Approval of Minutes 1 Discuss Potential Code Amendment about Fish Houses 2 _____________________________________________________________________________ 3. Approval of Minutes December 3, 2014. MOTION/SECOND: Commissioner Carvelli-Yu/Commissioner Birken. To approve the Minutes of the December 3, 2014 regular Planning Commission meeting as presented. Ayes – 6 Nays – 0 Motion carried. 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ Mounds View Planning Commission February 4, 2015 Regular Meeting Page 2 ________________________________________________________________________ 5. Planning Cases None. _____________________________________________________________________________ 6. Other Planning Activity A. Discuss Potential Code Amendment about Fish Houses Planning Associate Heller informed the Commission that a resident sent in a request to amend the City Code relating to parking of fish houses in residential districts. He is requesting that the code be amended to allow drop axle fish houses to be in the front yard area of properties longer than 24 hours. The City Council briefly discussed this and is supportive of being more permissive of fish houses being kept on properties. Staff feels that to only allow certain types of fish houses, and then try to distinguish between the styles and/or condition of fish houses, would be very difficult. A simpler option may be to allow them to be kept on properties with no time limit during the ice fishing season. The Minnesota Department of Natural Resources has no start date for fish houses to go out on lakes, but they require fish houses to be off most lakes by March 16 (Minnesota lakes on the Canadian border can have fish houses until March 31). Staff reviewed City Code in detail with the Commission and requested comment. Commissioner Schiltgen questioned how the City would manage the situation if large amounts of snow fell in April. Associate Heller anticipated that the City would work with homeowners on a case by case basis if this situation were to arise. Commissioner Rundle asked how the City would address this situation if the fish houses were used all summer for camping. Associate Heller believed this situation would have to be further discussed by staff. Chair Stevenson did not support having fish houses in front yards all summer long. He suggested fish houses only be allowed longer than 24 hours in driveways from November 15th through April 15th. Bob Horbul, 8382 Knollwood, explained he owns a drop axle wheelhouse fish house. He commented that he stores his fish house in his back yard during the summer months. He discussed how fish houses were being made now to serve as RV’s in the summer months. Commissioner Birken did not want to see inappropriate or obscene paintings on the exterior of fish houses. Associate Heller explained that anything obscene that is painted on the exterior could be addressed by the City through its nuisance code. Mounds View Planning Commission February 4, 2015 Regular Meeting Page 3 ________________________________________________________________________ Commissioner Schiltgen questioned how many fish houses staff believed were being stored in the City. Associate Heller commented that the majority were on lakes at this time. Commissioner Rundle estimated that the City had at least 20-30 fish houses. Commissioner Carvelli-Yu expressed concern that this situation could turn into shipping containers being used as fish houses and she did not want to see those stored in front yards at any time of the year in the City. She recommended staff be specific with the code to define what would and would not be allowed. She suggested the term drop axle be placed in the code. Chair Stevenson agreed the language needed to be tightened up, however, he understood that if the code was made too strict it would be difficult for staff to enforce. Al Hanson, 2832 Ardan Avenue, asked how a pull behind camper was regulated by City Code. Associate Heller stated campers could be parked in a residential driveway at any time of the year. Further discussion ensued regarding the differences between traditional/homemade fish houses compared to drop axle fish houses. Martha Pearson, 8475 Sunnyside, understood that the City did not want junky fish houses being stored in front yards. However, she was in favor of allowing more freedom for residents to be able to store units in their front yard. She discussed how people were now using fish houses as campers in the summer months and for ice fishing through the winter months. Scott Pearson, 8475 Sunnyside, discussed his striped orange fish house, noting it was painted this color for safety purposes while parked on a lake. Mr. Horbul explained that drop axle fish houses are built on a steel frame and are structurally more sound. Commissioner Carvelli-Yu asked how long drop axle fish houses have been being manufactured. Commissioner Rundle estimated that this type of fish house has been manufactured for the past five for six years. Commissioner Birken recommended the term “drop axle” be written in the code amendment. Chair Stevenson suggested the City Code read that 24 hour storage was allowed for all non-drop axle fish houses and year round storage would be allowed for drop axle fish house units. Mounds View Planning Commission February 4, 2015 Regular Meeting Page 4 ________________________________________________________________________ Mrs. Pearson explained that fish houses are often broken into, which led her and her husband to store their fish house in their driveway rather than on the lake when not in use. Commissioner Elofson expressed concern that the City would be discriminating against residents that don’t own a more expensive type fish house. Commissioner Schiltgen explained that residents could still have non drop axle fish houses, however, they could not be stored on the driveway for more than 24 hours. Commissioner Birken commented that this code amendment would assist with protecting property values. Mrs. Pearson indicated the new fish houses should be viewed in the same manner as a camper. Chair Stevenson thanked the residents present for their input. He believed that the Commission was going about the code amendment in the correct manner. The Commission agreed. ______________________________________________________________________________ 7. Review Minutes: A. January 21, 2015 The Commission discussed the January 21, 2015 meeting minutes. No changes were made. 8. Reports A. Upcoming Planning Cases Planning Associate Heller discussed upcoming planning cases. She noted the Commission may be reviewing a variance for sign height at a future meeting. B. Staff Updates Planning Associate Heller explained the Town Hall meeting would be held on Monday, March 30th from 6:00 to 8:30 p.m. Mounds View Planning Commission February 4, 2015 Regular Meeting Page 5 ________________________________________________________________________ Council Updates Councilmember Meehlhause provided the Planning Commission with an update from the City Council. He encouraged residents to submit their candidates for Resident of the Year. C. Planning Commissioner Reports None. 9. Next Planning Commission Meetings: A. Wednesday, February 18, 2015 B. Wednesday, March 4, 2015 ______________________________________________________________________________ 10. Adjournment There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 7:53 p.m. ______________________________________________________________________________ Respectfully submitted, Heidi Heller Planning Associate Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc. Item No: 6A Meeting Date: February 18, 2015 Type of Business: Other Planning Activity City of Mounds View Staff Report To: Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Code Amendment for Fish Houses in Residential Districts A resident sent in a request to amend the City Code relating to parking of fish houses in residential districts. He is requesting that the code be amended to allow drop axle fish houses to be in the front yard area of properties longer than 24 hours. The City Council is supportive of being more permissive of fish houses being kept on properties and asked the Planning Commission to discuss and make a recommendation. The Planning Commission discussed this in great length at the February 4, 2015 meeting, and decided to allow only “drop axle style” fish houses to be stored for any length of time on residential properties. Staff is suggesting that a definition of drop axle fish house also be added to the code. Staff has drafted a resolution with the proposed language. Recommendation Review Resolution 1020-15 with a proposed code amendment relating to fish houses. Sincerely, Heidi Heller, Planning Associate Attachment: 1. Resolution 1020-15 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 1020-15 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO CHAPTER 607 OF THE MOUNDS VIEW CITY CODE ABOUT FISH HOUSE STORAGE; SPECIAL PLANNING CASE 192-15 WHEREAS, City staff has recommended that amendments be made to the nuisance code relating to outside storage of fish houses; and, WHEREAS, the Planning Commission agrees with the City Staff recommendation to allow drop-axle style fish houses to be placed or stored in the front- yard area of residential districts for any length of time; and, WHEREAS, City staff has amended Chapter 1116, Section 1116.02 of the Mounds View City Code by deleting the stricken language and adding the underlined text as follows: 607.01: RULES AND DEFINITIONS Subd. 22. Drop Axle Fish House: A drop axle or drop down ice fish house is one that is built on a frame that would be considered ground level loading. It would be made with a solid metal frame utilizing U shaped axles where the wheel hubs attach to the upward tips of the U and the leaf springs attach to the lower horizontal portion. This will allow the platform to be movable between a lower position and a raised position. Each Drop down style fish house must meet state statute for a trailer and be licensed appropriately. 607.06: OUTSIDE PARKING AND STORAGE: Subd. 2. Unlawful Parking And Storage: (Ord. 694, 3-11-02) a. No person may place, store, or allow the placement or storage of non-drop axle ice fish houses, skateboard ramps, play houses, or other similar nonpermanent structures outside continuously for longer than twenty four (24) hours in the front-yard area of residentially-zoned property. WHEREAS, amending the City Code to allow more uses in industrial zoning districts would better serve the public and support businesses; and, Resolution 1020-15 Page 2 WHEREAS, the Mounds View Planning Commission concurs that an amendment to the City Code is warranted and justified. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of amendments to Section 1116 of the Mounds View City Code as defined herein. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 18th day of February, 2015. ________________________________ Gary Stevenson, Chair ATTEST: ________________________________ James Ericson, City Administrator (SEAL) Item No: 6B Meeting Date: February 18, 2015 Type of Business: Other Planning Activity City of Mounds View Staff Report To: Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Discuss a Possible Code Amendment to Allow a Columbarium A Mounds View church member recently contacted the City to inquire if a columbarium would be allowed on the church property. Their church was considering adding a columbarium and the church member said many churches are now considering installing a columbarium for their patrons. They are considering one or two structures that would be about 10 feet long and 6 feet tall. Many funeral homes report that more than 50% of deaths now result in cremation rather than a burial, so it is understandable that more places are needed to store urns. Mounds View does not currently have any cemeteries nor does the City Code address cemeteries or columbariums. A columbarium is a place for the respectful and usually public storage of cinerary urns (i.e. urns holding a deceased’s cremated remains). Today's columbaria can be either free standing units, or part of a mausoleum or another building. Some manufacturers produce columbaria that are built entirely off-site and brought to the cemetery by a large truck. Many modern crematoria have columbaria. In other cases, columbaria are built into church structures. Here is information from the planners in the cities of Shoreview and Roseville. Shoreview: A couple of years ago, the City was approached by The Church of St. Odilia to construct a cemetery on their property, including columbariums. Our City Attorney determined that a cemetery owned by a Church organization is a quasi public use; therefore permitted in our detached residential zoning district. Our Code does require Site and Building Plan review - the intent of the review process is to assess the impacts on the adjoining land uses and allows the City to establish reasonable restrictions to mitigate any impacts. Our Code does not specifically address cemeteries or columbariums nor are any standards identified. This was new territory for us. Our review process did address stormwater management, site access, operations for the cemetery, and landscape screening. I recall there were more concerns raised regarding the burial sites rather than the columbariums. Shoreview used a public review process for the request, which included approx. 3000 columbarium niches (each with a capacity of two urns/containers) and about 100 traditional graves. St. Odilia is a Catholic church, and the posture favors/encourages traditional inground burials. So there had to be graves not just niches for cremains. Landscaping was an important consideration. Staff Report Code Amendment to Allow a Columbarium Page 2 Shoreview continued: City Code does not include provisions regulating cemeteries or columbaria. Our approach was to apply the minimum setbacks to the proposed graves and structures, and to ask the Church to develop operating rules for City review to address concerns about visual impacts, noise, and traffic/parking. There is currently one wall with 96 niches installed at the Church. Roseville: We have no specific language in our zoning ordinance regarding columbariums, but deem them to be accessory uses and permitted assuming that such a structure can meet our accessory building requirements. Recommendation Discuss possible code amendments relating to a columbarium. Sincerely, Heidi Heller, Planning Associate Attachments: 1. Photos of columbaria similar to what is proposed in Mounds View Item No: 6C Meeting Date: February 18, 2015 Type of Business: Other Planning Activity City of Mounds View Staff Report To: Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Discuss a Possible Code Amendment to Allow Brew Pubs or Taprooms The City Council discussed allowing businesses like brewpubs or taprooms in the City since they are becoming very popular after the State of Minnesota loosened up regulations relating to these types of businesses. The City Council is open to allowing these types of uses and has asked the Planning Commission to discuss this. A new taproom, Hammerheart Brewing (www.hammerheartbrewing.com) recently opened in Lino Lakes, and Minneapolis and St. Paul have several, with more in the works. Currently the Mounds View Zoning Code does not address brewpubs, taprooms or any type of brewery, therefore none of them are allowed. Below is part of an article from the Pioneer Press describing brewpubs and taprooms and the rules in Minnesota. The three-tiered system in Minnesota saw some loosening in 2011, when legislation known as the "Surly Bill" was signed into law. The legislation allowed breweries to open taprooms, which serve beer on site, and helped pave the way for Surly Brewing Co.'s $20 million brewery underway in Minneapolis. Moore, however, said the legislation was not a boost to brewpubs, which could already serve beer on site. But brewpubs do have some advantages over taprooms. Taprooms are limited to selling the beer made on site, whereas brewpubs can serve liquor, wine and beer made elsewhere. Brewpub owners can also open multiple locations, but breweries are limited to one taproom, said Schwarz, who is CEO and co-owner of Lift Bridge Brewing Co. in Stillwater. Lift Bridge opened a taproom following passage of the Surly Bill. Recommendation Discuss possible code amendments relating to brewpubs and taprooms. Sincerely, Heidi Heller, Planning Associate Attachments: 1. Star Tribune article about the 2011 “Surley Bill” Dayton signs law allowing beer sales at breweries Blog Post by: Eric Roper May 24, 2011 - 6:31 PM It's a happy day for hoppy beer fans in Minnesota. Hours after the Legislature adjourned without a budget agreement, Gov. Mark Dayton signed into law what has been dubbed the "Surly bill" around Capitol hallways. The legislation allows the Brooklyn Center-based Surly Brewing Co. to serve pints of their beer at a proposed $20 million "destination brewery." Minnesota breweries were not allowed to serve pints of their beer on site because of a "three-tier" system that strictly separated the roles of alcohol manufacturers, distributors and retailers. Soon brewers can apply for a license to do just that, as long as their municipality decides to offer it. The Minnesota Licensed Beverage Association, the state's most powerful liquor lobby, initially fought the proposal to protect that three-tier system. Surly hired its own lobbyists to advocate on their behalf and mobilized a grassroots network of supporters known as "Surly nation." "That's really what made the difference I think, is that people contacted their legislators and they listened," said Omar Ansari, owner of Surly Brewing Co. The MLBA eventually softened their stance after lawmakers agreed to limit the law only to brewers producing less than 250,000 barrels a year, essentially excluding major national brands. The proposed brewery will include a restaurant, beer garden, bar, events center and rooftop terrace. The company has not decided where it will be located, though it will likely be in the metro area. Ansari said he was holding off on most of the planning until the law passed. He met with an architect for the first time on Monday. For Ansari, what began as a straightforward proposal morphed into the three-month effort that opened his eyes to the inner workings of politics. "What I've really learned is I really don't want to go back up there and ask for anything else anytime soon," Ansari said with a laugh. © 2015 Star Tribune Item No: 6D Meeting Date: February 18, 2015 Type of Business: Other Planning Activity City of Mounds View Staff Report To: Mounds View Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Review the Planning and Zoning Commission Bylaws Introduction: The Planning Commission’s Bylaws state that the Commission shall review the Bylaws on an annual basis. Discussion: The Planning Commission should review the attached Bylaws. Staff is not proposing any changes to the Bylaws. The last time the Planning Commission amended the Bylaws was in January of 2007. The last change was about the number of absences a commissioner may have in a given year. Recommendation: Adopt the Bylaws for the Planning Commission. If the Commission does not make any amendments or modifications to the Bylaws, then the Commission may readopt them by motion. Sincerely, Heidi Heller Planning Associate Attachment Planning and Zoning Commission Bylaws CITY OF MOUNDS VIEW PLANNING AND ZONING COMMISSION BYLAWS (Revised January 24, 2007) 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 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, Sections 401.02 and 401.03. 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. EXHIBIT A City of Mounds View Planning and Zoning Commission - Bylaws Page 2 B. ELECTIONS; TERMS 1. Chairperson: 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 forwarded to the City Council for 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, 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 regular meetings and to call special meetings as provided in Section VI. The Chair shall have the authority to redirect public comment unrelated to the Commission’s business to the most appropriate City commission or to the City Council. 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. City of Mounds View Planning and Zoning Commission - Bylaws Page 3 V. COUNCIL LIAISON: The City Council may 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 meeting schedule of the Commission shall be 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 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. 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, 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. 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. 4. Emergency Special Meetings. 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 City of Mounds View Planning and Zoning Commission - Bylaws Page 4 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. 5. 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 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. 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 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 “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. City of Mounds View Planning and Zoning Commission - Bylaws Page 5 VII. INFORMATIONAL PACKETS: Each Commissioner shall receive a staff 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. VIII. 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. IX. 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. X. 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 absent from three consecutive regularly scheduled meetings or more than six regularly scheduled 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 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 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 which the matter discussed is under consideration. _______________________________________ Gary Stevenson, Chairperson ATTEST: _______________________________________ James Ericson, City Administrator Revision History: January 24, 2007 September 1, 2004 February 21, 2001 February 2, 2000 March 5, 1997 February 3, 1993 October 1990