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HomeMy WebLinkAbout02.23.21 Workshop1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US Andover Planning and Zoning Commission Workshop Agenda February 23, 2021 Andover City Hall Council Chambers 6:00 a.m. 1. Call to Order 2. Discussion - Planning & Zoning Commission Process & Procedures 3. Discussion - Meeting Cadence 4. Other Business 5. Adjournment Please note: Some or all members of the Andover Planning & Zoning Commission may participate in the February 23, 2021 workshop by telephone or video conference call rather than by being physically present at the Commission's regular meeting place at the Andover City Hall, 1685 Crosstown Blvd NW, Andover, MN 55304. Members of the public can watch the meeting live on the government access channel, web stream via QCTV.org or physically attend at Andover City Hall. Please keep in mind that seating in the City Council Chambers is currently very limited as appropriate social distancing will be practiced by the Commission and visitors. The public can also participate in the public hearing remotely through the video conference call. A link to the call will be available on the Planning Department website the day of the meeting. 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Planning and Zoning Commission Members COPY: Joe Janish, Community Development Director FROM: Peter Hellegers, City Planner SUBJECT: Discussion: Planning Commission Process and Procedures DATE: February 23, 2021 Tonight's discussion will focus on the processes and procedures involved with applications that come before the Planning Commission. These procedures involve different levels of discretion involved with the different actions. It is important to think about what those levels of discretion the City has when the Planning Commission is taking action on an item. Generally, the City has the most discretion when they are creating law (i.e. comprehensive planning, developing City Code, Zoning Amendments, Rezoning), some discretion when they are acting in a judicial capacity (i.e. CUP's, variances) and the least discretion when acting in an administrative capacity (site plan reviews, building permits). The Pyramid of Discretion (on page 14 and in the box to the right) can help you to visualize this concept. A I Variances s QQv Conditional O Q Use Permits fit` Subdivision Applications The other item that is attached is an excerpt from "A Good Start to Good Governance" by the League of Minnesota Cities. The document is geared toward City Councilmembers but includes some good information that the Planning Commission should know about the Minnesota Open Meeting Law (pp. 7-13). The excerpt does not touch on the use of technology to conduct meetings during the current COVID-19 health pandemic. Rego; PeCity ND. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.AN DOVE RM N.GOV Planning and Zoning Commission Procedures (revised 211 912 0 2 1) A. General Information 1. Role of the Planning and Zoning Commission The Planning and Zoning Commission serves as an advisory board to the City Council. The seven member board makes recommendations based on the city's Comprehensive Plan, City Code and the input of residents. The City Council makes all final decisions. A summary of the types of items reviewed by the Planning and Zoning Commission within this packet. 2. Procedures The Commission abides by the rules of parliamentary procedure known as "Roberts Rules". A brief overview is provided within this packet as well. 3. Meeting Dates and Times The Commission typically meets on the second Tuesday and sometimes on the fourth Tuesday of each month. Meetings are held in the City Council Chambers at City Hall. The meetings begin at 7:00 p.m. and typically last between one and three hours. The Commission also on occasion meets at 6:00 p.m. in work session prior to the regular meeting when needed or may utilize the fourth Tuesday of each month for a work session. 4. Length of Term Commissioners are appointed to serve three-year terms beginning in January. Members may reapply to serve consecutive terms. 5. Staff Reports Staff reports will be prepared for each item on the agenda. The reports will include general information, applicable ordinances as well as information provided by the applicant. A packet including all the materials for each meeting will be delivered to Commissioner's homes on the Friday before the meeting by an Anoka County Sheriff's Department Community Service Officer. 1 6. Attendance If you are unable to attend a meeting, please contact a staff member in the Planning Department. This is important to ensure that a quorum (majority) of Commissioners will be present at each meeting. Three absences may result in removal from the Commission. 7. Payment Commission members receive a small stipend per meeting. Payments are made quarterly. Commissioners are asked to fill out a W-4 form prior to receiving compensation. B. Summary of Items Reviewed by the Plannin_4 and Zoning Commission Most of the items reviewed by the Planning and Zoning Commission will be from one of the following categories: (Establishing law) 1. Comprehensive Plan A "road map" for the community. This document establishes the vision and goals for the community and City Code is required to be consistent with the Comprehensive Plan. As the City of Andover is part of the Metropolitan Council (Met Council) our Comprehensive Plan needs to be consistent with Policy Statements and guidance of the Met Council. This plan provides the foundation for all land use regulation in the city. Overall the information within a Comprehensive Plan follows three basic questions: a. What is the state of community today? b. What should the community be in the future? c. How will we get there? 2. Comprehensive Plan Amendment Most Comprehensive Plan Amendments (CPA's) involve changes in the Future Land Use Map. This map provides a land use designation for each property in the city. These designations regulate the types of activities that can occur on a property; such as residential, commercial, or industrial development. In other cases, a CPA may involve a change to the text of the plan to more accurately reflect changing times and conditions. Criteria for the review of these amendments are provided in Chapter One of the Comprehensive Plan. 2 3. Zoning Ordinance This is a tool to implement the comprehensive plan. Zoning is a method of establishing a land use pattern by regulating how land is used by owners/renters. Zoning ordinances include area standards (size, setbacks, height, etc.), various zoning districts (residential, commercial, industrial) with standards and allowed uses within those zoning districts. 4. Zoning (City Code) Amendment City Code amendments typically involve changes to the text of the City Code. These requests can be initiated by an applicant or the city. In many cases changes to existing regulations are made to reflect changes in times and conditions or to address situations that have not previously been contemplated. 5. Rezoning A rezoning is a change (amendment) to the city's official zoning map. These change the zoning district of one or more properties. Zoning districts prescribe land uses that are allowed as well as dimensional standards for lot size, building setbacks and other items as detailed in Title 12 of the City Code. STATE LAW. When property is rezoned from residential to commercial or industrial, a two —thirds majority of all members of the city council is required. Other zoning changes only require a simple majority and rezoning should be consistent with the comprehensive plan land use map. (Applying law) 6. Lot Split A Lot split is a division of one property into two properties. A survey, legal descriptions of the proposed properties and other information is required depending upon the circumstances surrounding the subject property. City Code Title 13, Chapter 1 provides the review procedure for lot splits. 7. Sketch Plan A sketch plan allows input from the Commission on a conceptual development proposal. The purpose is to allow a discussion between the Commission and applicant to help determine whether a concept has merit and what types of adjustments are needed before proceeding to a formal recommendation by the Commission. This is a cheap way to determine if what a person is asking for is viable. 3 8. Ghost Plat Typically this is a reference to a conceptual development layout for surrounding properties. It is used to show how the properties around a proposed development could develop, and the proposed development still leaves options for those property owners. 9. Preliminary Plat Preliminary plats involve the subdivision of one or more properties into more than two properties. These items are more complex than lot splits and require additional application materials including a grading plan, storm water management plat, geotechnical report and tree protection plan. City Code Title 11 provides the specific regulations for preliminary plats. 10. Conditional Use Permit (CUP) Conditional use permits (CUP's) are required for land uses that have the potential for adverse impacts on adjacent properties. CUP's allow the city to place reasonable conditions on the approval of a project to mitigate these impacts. In some cases, with sufficient findings, the Commission can recommend denial of a CUP if reasonable conditions are deemed not to be sufficient to adequately address adverse impacts on adjacent properties. The burden of proof is the applicant's responsibility. The criteria for considering conditional use permits are provided in City Code 12-14-6. Criteria for granting Conditional Use Permits (CUP): a. In granting a Conditional Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: i. The effect of the proposed use upon the health, safety, morals, and general welfare of occupants of surrounding lands. ii. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. iii. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. 11. Interim Use Permit (IUP) The purpose and intent of an Interim Use Permit (IUP) is a temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it. 13 IUP's include uses such as mining, home occupations, interim performance standards (for the Hughs/Westview area), land reclamation, storage of construction highway materials, subordinate classroom structures, and other uses that the City establishes a sunset clause, a date of expiration. The criteria for considering interim use permits are provided in City Code 12-14-12. Review Criteria: a. The Planning and Zoning Commission shall recommend an interim use permit and the Council shall issue such interim use permit only if it finds that such use at the proposed location: i. Will not create an excess burden on parks, streets, and other public facilities; ii. Will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety, and general welfare; iii. Will not have a negative effect on values of property and scenic views; iv. Will be subject to, by agreement with the owner, any conditions that the City Council has deemed appropriate for permission of the use, including a condition that the owner may be required to provide an appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit. b. Termination. An interim use permit shall terminate upon the occurrence of any of the following events, whichever occurs first; i. Five (5) years from the date of approval; or ii. The date or event stated in the permit; or iii. An amendment to the City Code that either no longer allows the interim use or now permits the interim use; or iv. The use has been discontinued for six months. 5 12. Variance Variances are essentially a waiver of a specific City Code requirement that may be granted when unique circumstances are demonstrated by the applicant. The Commission is asked to compare an applicant's request to the Zoning Code and the criteria of City Code 12-14-7 to determine if a recommendation of approval or denial is appropriate. Review Criteria: a. Variance shall only be permitted when they are in harmony with the general purposes and intent of the official control and when the variances are consistent with the comprehensive plan. b. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties," as used in connection with the granting of a variance, means: The property owner proposes to use the property in a reasonable manner not permitted by an official control; Means the landowner would like to use the property in a particular reasonable way but cannot do so under the current ordinance. It does not mean that the land cannot be put to any reasonable use without the variance. For example, if the variance application is for building too close to a lot line, or does not meet the required setback, the focus of the first factor is whether the request to place a building there is reasonable. ii. The plight of the landowner is due to circumstances unique to the property not created by the landowner; The uniqueness generally relates to the physical characteristics of the property. iii. The variance, if granted, will not alter the essential character of the locality; Will the resulting structure be out of scale, out of place or inconsistent with the surrounding area? iv. Economic considerations alone do not constitute practical difficulties. Economic considerations can be considered, however cannot be the sole factor. !: 13. Planned Unit Development (PUD) CITY CODE 13-3-1: PURPOSE: The purpose of a Planned Unit Development (PUD) is to encourage more efficient allocation of density and intensity of land use where such arrangement is desirable and feasible by providing the means for greater creativity and flexibility in environmental design than provided under the strict application of this code. It must be demonstrated to the satisfaction of the City Council that a higher quality development will result than could be otherwise achieved through strict application of this code. (Ord. 298, 8-4-2004) 13-3-6: ZONING AND SUBDIVISION STANDARDS AND REQUIREMENTS: All standards and provisions relating to an original zoning district shall apply, unless otherwise approved as part of the PUD. All standards may be modified or waived provided the applicant demonstrates harmony with the purpose of the PUD and the findings described in Section 13-3-9 of this chapter. (Ord. 298, 8-4-2004) If the PUD does not change the underlining zoning, then the standards still apply. For example in the R-1 Single Family -Rural zoning district, the following are lot standards: • Lot size of 2.5 acres • Lots 300 feet wide at the front yard setback line • Lot depth of 150 feet • Density of 0.4 units per acre 13-3-9: FINDINGS REQUIRED: In order for a PUD to be approved, the City shall find that the following are present: A. The proposed development is not in conflict with the goals of the Comprehensive Plan of the city. B. The proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries. C. The proposed development demonstrates how each modified or waived requirement contributes to achieving the purpose of a PUD. D. The PUD is of composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. (Ord. 298, 8-4-2004) 13-3-11: DESIRABLE PUD DESIGN QUALITIES: The following design qualities will be sought in any PUD: A. Achieves efficiency in the provision of streets and utilities and preserves area to achieve the elements of design qualities described in this chapter. • Minimizing soil disturbances for the construction of roadways? • Minimizing impacts to wetlands? • Openness to modifying design standards, such as street width, setbacks, lot dimensions, lot sizes? B. Provides convenient and safe access for vehicles and pedestrians and all types of activity that are anticipated to be a part of the proposed development. • Review of access into and out of the development? • Review of multimodal traffic within the development? • Review of multimodal traffic to connect to existing amenities? C. Provides a buffer between different uses, adjacent properties, roadways, between backyards of back-to-back lots. • Tree stand preservation? • Landscaping plans? • Restrictive Easements? • Home Owners Association (HOA)? D. Preserves existing stands of trees and/or significant trees. • Tree stand preservation? • Moving roadways to avoid trees or significant trees? • Smaller lots than the 2.5 acres are considered in order to place a roadway in an area to preserve trees? E. Provides considerable landscaping treatments that complement the overall design and contribute toward an overall landscaping theme. • Additional trees for each lot? • Monument entrances? • Rain gardens? F. Preserves significant usable space on individual lots or through the provision of open space within the development. • R-1 zoning requires a total of 8,600 square feet of upland (3,600 sq ft for home and 5, 000 square feet for primary and secondary septic location); would a half (5) acre of upland or more per lot be considered "significant usable space? 3 • If a developer could provide more upland per lot vs. 8, 600 square feet, would council consider a smaller lot than 2.5 acres? • If a developer provided open space either as HOA owned or provided additional parkland or preserve to the City, would council consider smaller lots than 2.5 acres? • Clustering? G. Provides an attractive streetscape through the use of undulating topography, landscaping, decorative street lighting, decorative mailbox groupings, retaining walls, boulders, fencing, area identification signs, etc. • If "Undulating topography" creates lots that are less than 2.5 acres, is that acceptable? • If minimizing the impact of construction creates smaller lots, is that acceptable? H. The proposed structures within the development demonstrate quality architectural design and the use of high-quality building materials for unique design and detailing. • Custom home sites? • Limitations on building materials? • Color restrictions? • Home style restrictions (ramblers, two story, patio/slab, etc.)? I. The lasting quality of the development will be ensured by design, maintenance and use guidelines established through an owners' association. (Ord. 298, 8-4-2004). • If the HOA restricts uses that the City Code allows, is that acceptable? • Limit home occupations? • Not allow for accessory structures, additional limits on accessory structures size, • Restrict parking in driveways? • Require additional landscaping? • Other code restrictions? 13-3-12: APPROVAL OF PLANNED UNIT DEVELOPMENT: The developer must demonstrate that the amenities and qualities of the Planned Unit Development are beneficial and in the public interest to allow the development to be approved. A substantial amount of the design qualities identified in Section 13-3-11 of this chapter shall be found to be present in order to approve a PUD. The amount of amenities and type of qualities that constitute an acceptable PUD are at the sole discretion of the City Council to determine. (Ord. 298, 8-4-2004) III General Applications Process Applicant meets With City Std(t ■p Applicant submits Application .... wr. ARC Staff Review � --- Planning Revisions Staff Comments -Develop PZ Agenda Eng, Item - Schedule Public Hearing PW Fire Bldg. cc Admin Nat. Res. Planning and Zoning Commission Meeting- Hold Public Hearing - Recommendation to City Council City Council Meeting - FINAL DECISION 04* Develop CC Agenda Item Including Planning and Zoning Commission Comments J6 �NIf:O �y 10 C. Planning and Zoninq Commission Public Hearing Process; Public Hearings The majority of items reviewed by the Planning and Zoning Commission require a public hearing. The City Council has adopted the following policy for public hearings: City of Andover Public Hearing Policy Citizen testimony, opinions or questions at a public hearing are encouraged and are considered by the Planning and Zoning Commission in their respective deliberations. The following guidelines are established by the Commission and are enforceable by the Chairperson or presiding Commission member. 1. A member of City staff will introduce and explain the agenda item. 2. One of the Commissioners will need to make a motion to open the public hearing. The motion will need to be seconded by another Commissioner. The motion will be called to a vote by the Chairperson. 3. Once the public hearing has been opened, the Chairperson will invite public comment and set a time limit for each speaker so that all citizens desiring to address the issue may have the opportunity to do so. The petitioner will be called forward to present or answer questions from the Commission. Following the petitioner, the Chairperson will invite any citizen with questions or comments to come forward. A group of persons may select a spokesperson to speak for the group; that person may be granted more time at the Chairperson's discretion. 4. A citizen desiring to speak may do so by recognition by the Chairperson. He/she shall approach the podium and state their name and address. Citizens not recognized by the Chairperson should refrain from interrupting a speaker who has been recognized as a matter of general courtesy. 5. Questions should be addressed to the Chairperson. The Commission is free to call upon or redirect a question to a staff member. Citizens are encouraged to contact staff members prior to or after the public hearing to obtain further information. 6. Each citizen will be permitted to address the Commission once during the meeting. At the Chairperson's discretion, second comments may be heard if time exists or if new information is to be presented. 11 7. After citizen comments have been heard, the Chairperson may call on the petitioner to address questions that were raised during the citizens comments. After the end of the citizen and petitioner comments one of the Commissioners will need to make a motion to close the public hearing. The motion will need to be seconded by another Commissioner. The motion will be called to a vote by the Chairperson. 8. Once the public hearing has been closed, the Commission will hold its own discussion on the issue. A recommendation to the City Council may be made at this time or postponed until a later meeting if the Commission deems it needs additional information to make a recommendation. No further public comment will be allowed unless specifically invited by the Chairperson. 12 Pyramid of Discretion The pyramid of discretion framework illustrates how much discretion the City has when making land use decisions. Variances %P - Conditional QQv Conditional 0 Q Use Permits Subdivision Applications ��4f Zoning/Subdivision �Q► Ordinances s� L4 Comprehensive Plan • Increase of levy for an EDA. • Continuation of a municipal liquor store after a net loss for two of three consecutive years. • Adoption or amendment of a zoning ordinance. • Subdivision applications. • Granting of a conditional use permit. • Adoption of a charter amendment by ordinance. There are other situations that may require public hearings. Contact the League's Research Department at (651) 28i-tzoo or (boo) gz5-1122 for further information if you are unsure about a particular situation. The open meeting law The Minnesota open meeting law generally requires that all meetings of public bodies be open to the public. This presumption of openness serves three basic purposes: • To prohibit actions from being taken at a secret meeting where it is impossible for the interested public to become fully informed concerning decisions of public bodies or detect improper influences. • To ensure the public's right to be informed. • To afford the public an opportunity to present its views to the public body. The open meeting law also contains some specific notice and record-keeping requirements, which are discussed in detail in later sections of this document. ■ Groups to which the law applies The open meeting law applies to all governing bodies of any school district, unorganized territory, county, city, town or other public body, and to any committee, sub -committee, board, department or commission of a public body. Thus, the law applies to meetings of all city councils, planning commissions, advisory boards, firefighter relief associations, economic development authorities, and housing redevelopment authorities, among others. The Minnesota Supreme Court has held, however, that the governing body of a municipal power agency, created under Minn. Stat. 44 453.51-453.62, is not subject to the open meeting law because the Minnesota Legislature granted these agencies authority to conduct their affairs as private corporations. ■ What is a meeting? There is no statutory definition of the term "meeting" for the purpose of the open meeting law. Minnesota courts have generally ruled that a meeting is a gathering of a quorum of public officials to discuss, decide or receive information on matters over which they have authority. Because the term "meeting" has not been clearly defined, the issue of whether or not a meeting has been held must be decided on a case-by-case basis. Some examples of cases are discussed in further detail in a later section of this memo. ■ Gatherings to which the law applies The open meeting law applies to any gathering of a quorum or more of public officials where the members discuss, decide or receive information as a group on issues relating to the official business of the public body. A "quorum" is a majority of the members of a statutory city council. A majority of the qualified members of any board or commission also constitutes a quorum. Home rule charter cities may have different quorum requirements in their charters. Thus, the open meeting law would apply to any of the following types of gatherings: • Regular and special meetings. • Public hearings. • Executive sessions. • Work sessions. • Retreats. A Good Start to Good Governance League of Minnesota Cities Exceptions and the procedures to use them There are some exceptions to the open meeting law. Under certain circumstances, some meetings may be closed. There are also some meetings that must be closed. Before a meeting can be closed under any of the exceptions, the council must state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed. All closed meetings, except those closed as permitted by the attorney-client privilege, must be electronically recorded at the expense of the public body. Unless otherwise provided by law, the recordings must be preserved for at least three years after the date of the meeting. 1. Meetings that may be closed The public body may choose to close certain meetings. The following types of meetings may be closed • Meetings to consider strategies for labor negotiations under PELRA. Although a meeting to consider strategies for labor negotiations may be closed, the actual negotiations must be done at an open meeting if a quorum of the council is present. Procedure. The following must be done to use this exception: — Before closing the meeting, the council must decide to close the meeting by a majority vote at a public meeting. — Before closing the meeting, the council must state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed. — A written roll of all people present at the closed meeting must be available to the public after the closed meeting. — The meeting must be tape-recorded — The recording must be kept for two years after the contract is signed. — The recording becomes public after all labor agreements are signed by the city council for the current budget period. If an action claiming that other public business was transacted at the closed meeting is brought during the time the tape is not public, the court will review the recording privately. If it finds no violation of the open meeting law, the action will be dismissed and the recording will be preserved in court records until it becomes available to the public. If the court determines there may have been a violation, the entire recording may be introduced at the trial. However, the court may issue appropriate protective orders requested by either party. • Meetings to evaluate the performance of an individual subject to the public body's authority. Procedure. The following must be done to use this exception — The public body must identify the individual to be evaluated prior to closing the meeting. — The meeting must be open at the request of the individual who is the subject of the meeting, so some advance notice to the individual is needed in order to allow the individual to make an informed decision. — Before closing the meeting, the council must state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed- - iscussed— The meeting must be electronically recorded, and the recording must be preserved for at least three years after the meeting. — At the next open meeting, the public body must summarize its conclusions regarding the evaluation. The council should be careful not to release private or confidential data in its summary. • Attorney-client privilege. Meetings between the governing body and its attorney to discuss active, threatened, or pending litigation may be closed when the balancing of the proposes served by the attomey-client privilege against those served by the open meeting law dictates the need for absolute confidentiality. The need for absolute confidentiality should relate to litigation strategy, and will usually arise only after a substantive decision on the underlying matter has been made. This privilege may not be abused to suppress public observations of the decision-making process, and does not include situations where the council will be receiving general legal opinions and advice on the strengths and weaknesses of a proposed underlying action that may give rise to future litigation. A Good Start to Good Governance League of Minnesota Cities 9 Procedure. The following must be done to use this exception: — Before closing the meeting, the council must state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed. The council should also describe how a balancing of the purposes of the attorney-client privilege against the purposes of the open meeting law demonstrates the need for absolute confidentiality. — The council must actually communicate with its attorney at the meeting. • Purchase or sale of property. A public body may close a meeting to: determine the asking price for real or personal property to be sold by the public body; review confidential or nonpublic appraisal data; develop or consider offers or counteroffers for the purchase or sale of real or personal property. Procedure. The following must be done to use this exception: — Before closing the meeting, the public body must state on the record the specific grounds for closing the meeting, describe the subject to be discussed, and identify the particular property that is the subject of the meeting. — The meeting must be tape-recorded and the property must be identified on the tape. The recording must be preserved for eight years, and must be made available to the public after all property discussed at the meeting has been purchased or sold or after the public body has abandoned the purchase or sale. — A list of councilmembers and all other persons present at the closed meeting must be made available to the public after the closed meeting. — The actual purchase or sale of the property must be approved at an open meeting, and the purchase or sale price is public data. • Security Briefings. A meeting may be closed to receive security briefing and reports, to discuss issues related to security systems, to discuss emergency -response procedures and to discuss security deficiencies in or recommendations regarding public services, infrastructure, and facilities — if disclosure of the information would pose a danger to public safety or compromise security procedures or responses. Financial issues related to security matters must be discussed, and all related financial decisions must be made at an open meeting. Procedure. The following must be done to use this exception: — Before closing the meeting, the public body must state on the record the specific grounds for closing the meeting and describe the subject to be discussed. When describing the subject to be discussed, the public body must refer to the facilities, systems, procedures, services or infrastructure to be considered during the closed meeting. — The closed meeting must be tape-recorded, and the recording must be preserved for at least four years. 2. Meetings that must be closed There are some meetings that the law requires to be closed. The following meetings must be closed: • Meetings for preliminary consideration of allegations or charges against an individual subject to thepublic body's authority. While the law permits the council to announce that it is closing a meeting to consider charges against an individual, it is still the best practice not to refer to that individual by name. The council should state only that it is closing the meeting to give preliminary consideration to. allegations against someone subject to its authority. However, if someone requests the name of the employee who is the subject of the closed meeting, the name will probably have to be furnished since the existence and status of any complaints against an employee are public data. Procedure. The following must be done to use this exception: — Before closing the meeting, the council must state on the record the specific grounds for closing the meeting and describe the subject to be discussed. — The meeting must be open at the request of the individual who is the subject of the meeting. Thus, the individual should be given advance notice of the existence and nature of the charges against him or her, so that the individual can make an informed decision. — The meeting must be electronically recorded and the recording must be preserved for at least three years after the meeting. A Good Start to Good Governance League of Minnesota Cities 10 — If the public body decides that discipline of any nature may be warranted regarding the specific charges, further meetings must be open. (Note: There is a special provision dealing with allegations of law enforcement personnel misconduct; see next discussion*.) • Portions of meetings at which any of the following data is discussed: — Data that would identify alleged victims or reporters of criminal sexual conduct, domestic abuse, or maltreatment of minors or vulnerable adults. — *Internal affairs data relating to allegations of law enforcement personnel misconduct or active law enforcement investigative data. — Educational data, health data, medical data, welfare data or mental health data that are not - public data. — An individual's medical records governed by sections 44144.291 to 144.298. Procedure. Before closing the meeting, the council must state on the record the specific grounds for closing the meeting and describe the subject to be discussed. The meeting must be electronically recorded, and the recording must be preserved for at least three years after the meeting. ■ Notice requirements Public notice must be given of all meetings of a public body. The notice requirements differ depending on the type of meeting. However, if a person receives actual notice of a meeting at least z4 hours before the meeting, all notice requirements under the open meeting law are satisfied, regardless of the method of receipt. It should also be noted that statutory cities have some additional requirements for mailing notice to their councilmembers regarding special meetings. There may also be additional notice requirements for home rule charter cities to consider. These cities should consult their charters for more information. 1. Regular meetings A schedule of the regular meetings must be kept on file in the city office. If the city decides to hold a meeting at a different time or place, it must give the notice required for a special meeting. Cities must keep a schedule of the regular meetings of the council on file at the primary office of the council. This requirement can be complied with by posting the regular meeting schedule in a convenient public location. 2. Special meetings A special meeting is a meeting that is held at a time or location different from that of a regular meeting. A city must post written notice of a special meeting on its principal bulletin board or on the door of its meeting room if it does not have a bulletin board. If notice is posted on a bulletin board, the bulletin board must be located in a place that is reasonably accessible to the public. The notice must give the date, time, place, and purpose of the meeting. It must also be mailed to each individual who has filed a written request for notice of special meetings. As an alternative to posting the notice, the city can publish notice in the official newspaper at least three days before the meeting. A city must post written notice of a special meeting on its principal bulletin board or on the door of its meeting room if it does not have a bulletin board at least three days prior to the meeting. In statutory cities, the clerk must mail notice of special meetings to all councilmembers at least one day before the meeting. In calculating the number of days for providing notice, do not count the first day that the notice is given, but do count the last day. If the last day is a Saturday, Sunday or a legal holiday, that day is omitted from the calculation and the following day is considered the last day (unless, of course, it happens to be a Saturday, Sunday or legal holiday). A Good Start to Good Governance League of Minnesota Cities 11 3. Emergency meetings An "emergency meeting" is a special meeting called because of circumstances that, in the judgment of the public body, require immediate consideration by the public body. Posted or published notice of an emergency meeting is not required. However, the city must make a good faith effort to notify each news outlet that has filed a written request for notice. Notice must be given by telephone or any other method to notify members of the public body. The notice must include the subject of the meeting. 4. Recessed or continued meetings No additional notice is needed for a recessed or continued meeting if all of the following criteria are met: • The meeting is a recessed or continued session of a previous meeting. • The time and place of the meeting was established during the previous meeting. • The time and place of the meeting was recorded in the minutes of the previous meeting. S. Closed meetings The same notice requirements apply to closed meetings as to open meetings. Additionally, advance notice to an individual who will be the subject of such a meeting is needed under certain circumstances (such as to employees who are the subject of performance evaluations or disciplinary proceedings). ■ Written materials At least one copy of the materials related to agenda items that are made available to the council at or before the meeting must also be made available for inspection by the public. However, this does not apply to not -public data or materials relating to the agenda items of a closed meeting. ■ Common problems in applying the law There are many situations for which the open meeting law is unclear. This section provides an overview of some of the more common situations and how the law maybe applied. 1. Data practices Generally, meetings may not be closed to discuss data that is not public. However, the public body must close any part of a meeting at which certain types of not -public data are discussed (such as active law enforcement investigative data, police internal affairs data, medical records data, and certain victim, health, medical or welfare data). If not -public data is discussed at an open meeting when the meeting is required to be closed, it is a violation of the open meeting law. Discussions of some types of not -public data may also be a violation of the Minnesota Government Data Practices Act (MGDPA). However, not -public data may generally be discussed at an open meeting without liability or penalty if both of the following criteria are met: • The disclosure relates to a matter within the scope of the council's authority. • The disclosure is necessary to conduct the business or agenda item before the public body. Data that is discussed at an open meeting retains its original classification under the MGDPA. However, a record of the meeting is public, regardless of the form. It is suggested that not -public data that is discussed at an open meeting not be specifically detailed in the minutes. 2. Executive sessions The attorney general has advised that executive sessions of a city council must be open to the public. 3. Committees and liaisons The attorney general has advised that standing committees appointed by a governing body also are likely subject to the open meeting law. Many city councils create committees to make recommendations to the council. Commonly, such committees will be responsible for researching a particular area and submitting a recommendation to the council for its approval. Such committees are often labeled as advisory, and the council is still responsible for making the final decision. The law is not clear when these types of committees or citizen panels are subject to the Open Meeting Law. Courts often do a fact analysis when reviewing Open Meeting Law challenges involving so-called "advisory" committees to determine if the committee represents a standing committee whose recommendations the council generally or always follows, or if the committee acts in more of an ad hoc advisory capacity. Many cities err on the side of caution and follow Open Meeting Law guidelines for all its citizen advisory committees. A Good Start to Good Governance League of Minnesota Cities 12 you'LL WART ro KNOW ["Is City councils routinely appoint individual councilmembers to act as liaisons between the council and particular committees. These types of meetings may also be subject to the open meeting law if the committee contains a quorum or more of the council or has decision-making authority. In addition, notice for a special council meeting may be needed if a quorum of the council will be present at the meeting and participating in the discussion. For example, when a quorum of a city council attended a meeting of the city's planning commission, the Minnesota Court of Appeals ruled that there was a violation of the open meeting law, not because of the councilmembers' attendance at the meeting, but because the councilmembers conducted public business in conjunction with that meeting. Based on that decision, the attorney general has advised that mere attendance by additional councilmembers at a meeting of a council committee held in compliance with the open meeting law would not constitute a special council meeting requiring separate notice. The attorney general warned, however, that the additional councilmembers should not participate in committee discussions or deliberations absent a separate notice of a special city council meeting. 4. Chance or social gatherings Chance or social gatherings of a quorum are not considered meetings under the open meeting law WANTL and are therefore exempt from it. However, a quorum may not, as a group, discuss or receive ro KNOW information on official business in any setting under the guise of a social gathering. THIS In 198z, the Minnesota Supreme Court held that a conversation between two councilmembers over lunch regarding an application for a special -use permit did not violate the open meeting law because a quorum was not present. S. Serial gatherings The Minnesota Supreme Court has noted that meetings of less than a quorum of the public body held serially to avoid public hearings or to fashion agreement on an issue may violate the open meeting law. In short, this type of situation is a circumvention of the statute. As such, councilmembers should avoid this type of practice. 6. Technology trouble The open meeting law does not address situations that may occur as a result of communication through telephone calls, letters, email or similar technology. The Minnesota Supreme Court found that the open meeting law did not apply to letters or to telephone conversations between less than a quorum. While it is possible that a similar decision might be reached concerning the use of email and other forms of technology, it should be stressed that if a quorum of members is involved in the communication, it would likely be considered to be a violation of the open meeting law. In addition, serial discussions between less than a quorum of the council that are used to deliberate matters that should be dealt with at an open meeting would likely violate the open meeting law. Therefore, city councils and other groups to which the open meeting law applies should not use letters, telephone conversations, email, and other such technology if the following circumstances exist: • A quorum of the council is involved. • Information relating to official city business is being discussed. The use of social media by members of a public body does not violate the open meeting law as long as the social media use is limited to exchanges with all members of the general public. The open meeting law does not define the term "social media," but this term is generally understood to mean forms of electronic communication, including websites for social networking like Facebook, LinkedIn, as well as blogs and microblogs like Twitter through which users create online communities to share information, ideas, and other content. The personal use of social media by councilmembers could still be used to support other claims such as claims of defamation or of conflict of interest in decision-making. As a result, councilmembers should make sure that any comments they make on social media are factually correct and should not comment on issues that will come before the council in the future for a quasi- judicial hearing and decision, such as the consideration of whether to grant an application for a conditional use permit. A Good Start to Good Governance League of Minnesota Cities 13 City -owned social media accounts and social media accounts of elected officials (being used in their role as an elected official) must keep in mind First Amendment protections when considering policies about comment moderation and the blocking of users. Policies that restrict comments to the topic or delete negative comments — and practices of blocking or restricting friends or followers — could face challenges. Councilmembers unable to make a meeting may ask to attend meetings through interactive technology, such as Skype, Zoom, Teams, or other technology where the user can be seen and heard. There is an exception to the open meeting law where a member can be in attendance through the use of interactive television. The open meeting law does not define the term "interactive television." However, the commissioner of the Minnesota Department of Administration has advised that a city council meeting where a city councilmember participated through Skype, while physically present at a remote location outside Minnesota, complied with the statutory authority for conducting meetings through interactive television. The remote location must be a public place unless the councihnember qualifies for one of the limited exceptions — which includes the current military service exception or for the health exception for 6o days after the removal of a previously declared emergency under Minn. Stat. 12.31— both of which only can be used three time per year. Additionally, when one or more members join remotely, then notice must be posted at least three days before the meeting indicating the location from which the remote attendee or attendees are joining. We encourage interested cities to develop a policy for using technology like Skype with the assistance of your city attorney ■ Intentional violations of the open meeting law A public officer who intentionally violates the open meeting law can be fined up to $3oo. This fine may not be paid by the public body. In addition, a court may also award reasonable costs, disbursements, and attorney fees up to $13,000 to the person who brought the violation to courL If a plaintiff prevails in a lawsuit under the open meeting law, a court shall award reasonable attorney fees if the court determines the public body was the subject of a prior written advisory opinion from the commissioner of the Department of Administration, and the court fords that the opinion is directly related to the lawsuit and that the public body did not act in conformity with the opinion. A court is also required to give deference to the advisory opinion in a lawsuit brought to determine whether the open meeting law was violated. If a public official is found to have intentionally violated this chapter in three or more separate actions, the public official must be removed from office and may not serve in any other capacity with that public body for a period of time equal to the term of office the person was serving. However, removal is only required if the conduct constitutes malfeasance or nonfeasance. The statute does not address whether actions taken at an improper meeting would be invalid. The Minnesota Supreme Court once held that an attempted school district consolidation was fatally defective when the initiating resolution was adopted at a meeting that was not open to the public. However, in more recent decisions, Minnesota courts have refused to invalidate actions taken at improperly closed meetings. In an unpublished decision, the court stated that "even a violation of the open meeting law will not invalidate actions taken at that meeting." A public body may pay any costs, disbursements or attorney fees incurred by or awarded against any of its members for an action under the open meeting law. A Good Start to Good Governance League of Minnesota Cities • -MA I I IL 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Planning and Zoning Commissioners �J CC: Joe Janish, Community Development Director`s/ FROM: Jake Griffiths, Associate Planner SUBJECT: Meeting Cadence Discussion DATE: February 23, 2021 Chair Koehler has requested to discuss Planning & Zoning Commission meeting cadence as part of the workshop and has created the attached Meeting Cadence Outline to aid in the Commission's discussion. ectfully submitted Jake Griffiths Associate Planner Attachments Meeting Cadence Outline Typical Planning and Zoning Meeting Cadence 1. Call to Order 2. Pledge of Allegiance 3. Approval of Minutes (Motion, Second, Majority Vote) 4. Public Hearing(s) 4.1. Introduction by Chair 4.2. Presentation by Staff 4.3. Questions for Staff from Commission 4.4. Open the Public Hearing (Motion, Second, Majority Vote) 4.4.1. Presentation from Applicant 4.4.2. Questions for Applicant from Commission 4.4.3. Statements/Questions for Commission from Public 4.4.4. Questions for Public from Commission 4.4.5. Recall Applicant (Repeat 4.2 thru 4.5 until all facts/opinions are obtained) 4.5. Close the Public Hearing (Motion, Second, Majority Vote) 4.6. Discussion on topic from Commission 4.6.1. Questions for Staff from Commission during Discussion. 4.7. if no recommendation is requested, the hearing is completed when the Commission ends Discussion. The meeting agenda advances. 4.8. if a recommendation is requested, one of two motions are typical: 4.8.1. A motion to APPROVE is offered from a Commissioner 4.8.1.1. The motion is seconded 4.8.1.2. The motion is discussed. 4.8.1.3. A vote is called (Majority required to succeed) 4.8.1.3.1. If the motion succeeds, the hearing is over. 4.8.1.3.2. If the motion fails, return to item 4.6. 4.8.2. A motion to DENY is offered from a Commissioner 4.8.2.1. A motion to DENY must include reasons for denial that align with city code. 4.8.2.2. The motion is seconded 4.8.2.3. The motion is discussed. 4.8.2.4. A vote is called (Majority required to succeed) 4.8.2.4.1. If the motion succeeds, the hearing is over. 4.8.2.4.2. If the motion fails, return to item 4.6. 5. Other Business 5.1. Statements from Staff 5.1.1. Questions from Commission 5.2. Statements from Commission 6. Adjourn (Motion, Second, Majority Vote)