HomeMy WebLinkAbout2014-07-16 Planner Memorandum i. �.
TpcSci01 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPC@PlanningCo.com
MEMORANDUM
TO: Eric Johnson
FROM: Scott Richards
DATE: July 16, 2014
RE: Oak Park Heights— Palmer Station — Planning Commission
Quorum
TPC FILE: 236.02 — 14.02
As you are aware, the Planning Commission held the continued public hearing for the
consideration of the Palmer Station at its July 10, 2014 meeting. The meeting was
opened with a quorum with three of five members present. The Planning Commission
Bylaws indicate the following related to quorum:
Article 8 — Meeting Procedures
B. Quorum. A majority of the voting membership (three-fifths (3/5)) shall
constitute a quorum for meeting purposes.
One of the commission members, Dan Thurmes is the surveyor of the property and has
been retained by the Palmer Station developers. At the beginning of the meeting, Mr.
Thurmes indicated his conflict of interest and stepped down from the table but stated
that he would vote "abstain" at the time of voting.
During the public hearing and consideration of the requests for rezoning, planned unit
development/conditional use permit and preliminary and final plat for the Palmer
property, Mr. Thurmes left the meeting and did not return for the vote. As a result, the
Planning Commission did not have a quorum of the members. A vote was taken with
only two members present in favor of the requests.
Since the meeting, I have consulted with Mark Vierling, City Attorney and we agree that
in order for the vote to be valid, a quorum of the members needed to be present. The
State Statute and the Zoning Ordinance contain language that indicates that the City
Council cannot act on a matter until they have received a recommendation from the
Planning Commission.
I would recommend that we hold a special meeting of the Planning Commission prior to
the July 22, 2014 City Council meeting, if a quorum of the members can be present. If
so, a vote can be taken on the applications and the Planning Commission
recommendation can be valid. The City Council could then act on this recommendation
at their July 22, 2014 meeting as originally planned.
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