HomeMy WebLinkAbout2.b. PCWSExSum_PCTraining_04282015EXECUTIVE SUMMARY
Planning Commission Work Session: April 28, 2015
AGENDA SECTION:
AGENDA ITEM:
Planning Commissioner Training
Discussion
PREPARED BY: AGENDA NO.
Eric Zweber, Senior Planner2.b.
ATTACHMENTS: Training PowerPoint Slides; Zoning and
APPROVED BY:
Planning 101.
RECOMMENDED ACTION:
None.
SUMMARY
The City Council has expanded the Planning Commission membership to seven (7) and has appointed two
new Planning Commissioners, Gretchen Freeman and Brandon Henrie. Sarah Sonsalla, from the
legal consultant Kennedy and Graven will be leading the Planning Commission through a presentation of
the legal responsibilities of the Planning Commission. She will also discuss their role in assisting the City
Council in development decisions and what specific duties the Commission performs. While the training is
constructed as an introduction for the new Commissioners, all Planning Commissioners will find the
training informative particularly with the upcoming Comprehensive Plan update.
Attached to this Executive Summary are two items for discussion. First, is a training PowerPoint that Ms.
Sonsalla will present. Second, is a Zoning and Planning 101 handout that describes the legal authority of
the Planning Commission. Feel free to ask questions about any attachments during the training session.
RECOMMENDATION
None.
Planning Commission Training
Rosemount Planning Commission
Kennedy & Graven, Chartered
Sarah J. Sonsalla, Attorney
Presented by:
April 28, 2014
Sources of the City’s Zoning
Federal and state constitutions:
Regulation of land use is a valid
State statutes give the City the
long as it is not used arbitrarily
zoning and must not conflict
police power of the City, as
property, adopt subdivision
comprehensive plans, zone
City ordinances implement
regulations, and approve
authority to adopt
with state statutes
Powers
variances
Act as the City’s Board of Appeals and Adjustments and
Review and make recommendations to the City Council
Duties of the Planning Commission
hear and decide various matters, including variances
Advisory to the City Council on most matters
oConditional use permits and interim use permits
Review and approve site plans
oZoning and subdivision ordinances
oProposed subdivisions (plats)
oThe comprehensive plan
oConcept plans
oOfficial maps
on:
authorized
by state law or the City Code to be able to
The Planning Commission must rely upon
Information to be Relied Upon make new policy to arrive at its decisions
recommendations in accordance with the
zoning and
Comprehensive Plan, state
not
The Planning Commission is
and make its decisions and
subdivision ordinances
and the City’s
and recommendations
statutes
City’s
Other City Boards and Commissions
Parks and Recreation Commission
Youth Commission
Utility Commission
Port Authority
The Comprehensive Plan
City ordinances should
future development of
comprehensive plan is
Periodic review of the
Inconsistencies must
not conflict with the
The comprehensive
comprehensive plan
statement for the
plan is a policy
be corrected
required
the City
Court Review of Land Use Decisions
upheld by a court if
by the City will be
reasonable under
land use decision
the circumstances
it is found to be
a
General rule:
Courts give greater discretion to the City on
Court Review of Land Use Decisions
court unless it is found to be arbitrary or
The City’s decision will be upheld by the
decisions are considered to be legislative
These items are policy documents so
Comprehensive Plans & Zoning:
these types of decisions
contrary to law
CUP/IUP should be approved if ordinance can be satisfied with
Courts look at the standards set out in the City’s ordinance; if
Court Review of Land Use Decisions
the application satisfies the criteria in the ordinance, it must
The City’s decisions implement the policies expressed in
be approved; important to know ordinance requirements
Conditional and interim use permits,
variances, site plans, and plats:
ordinances; quasi-judicial, not legislative
Courts give less deference to the City
imposition of reasonable conditions
-the variance, if granted, will not alter the essential
Court Review of Land Use Decisions
-the owner’s plight is due to circumstances unique
Economic considerations alone do not constitute a
to the property and not caused by the owner; and
Must show that there are “practical difficulties,”
reasonable manner that is not permitted by the
-the owner proposes to use the property in a
character of the locality
“practical difficulty”
meaning that
ordinance;
Variances:
–Neighborhood opposition alone is an insufficient reason to deny a
Therefore, it is important to follow these guidelines when considering
uncil also relies upon the evidence
–Written findings of fact are required, both for court review and
re the Planning Commission and
cision may be restricted to the
–Know and state the reasons for the recommendation or the
Public Hearings and Decision-
that was presented before the Planning Commission and the
request, but evidence from neighbors may be considered
–Allow all parties to fully present information
–Thoroughly study and review staff reports
Planning Commission’s analysis of the issues
–Actively participate in the discussion
In making its decision, the City Co
The court’s review of the City’s de
evidence that was presented befo
by the 60-day law
the City Council
an application:
Making
decision
decision is one where the Planning decision is one where the Planning
are any other motions to be
Commission is acting as the Board
proceed to the City Council with a
inquire as to whether there declare that the application
of Appeals and Adjustments or is
reviewing a site plan, the motion
advisory capacity, the item may
-If no other motions are
made, the Chair should
-The Chair should then
occurs and the occurs and the
Commission is acting in an
is denied.
Voting
made
tie votetie vote
tie vote.
fails.
If a If a
Commonly Heard Arguments
the value of my property and result in
“If you make this decision you will be
“The decision being made will reduce
setting a ‘precedent.’”
a taking.”
The City can extend the deadline up to a maximum
Applications that are not finally approved or denied
The City has 60 days to review applications related
The City can extend the deadline for more than 60
within the time period are automatically approved
to zoning (includes zoning, CUPs, site plans, and
days if the applicant agrees to the extension
Written reasons are required for any denial
60-Day Rule
variances, but not plats)
of an additional 60 days
E-mail discussions can be considered meetings -if a
Meetings of the Planning Commission must be open
A meeting occurs when a quorum or more meets to
Penalties include loss of office, monetary penalties
quorum or more of the Commission participates, it
discuss Planning Commission business, even if no
Open Meeting Law
and possible attorneys’ fees awards
would violate the open meeting law
decision is made
to the public
ZONING AND PLANNING 101:
INTRODUCTION TO BASIC PRINCIPLES
Prepare for the Rosemount Planning Commission
Sarah J. Sonsalla, Attorney, Kennedy & Graven, Chartered
I. Authority of Cities to Zone Property: Where Does It Come From?
A. Constitutional Basis – Euclid v. Ambler Realty Co., 272 U.S. 365 (1926).
The United States Supreme Court held in Euclid that government could lawfully
adopt zoning regulations that restrict the use of property. The validity of such
regulations is based upon the police power of the government, if it is used for the
public welfare.
B. Statutory Basis.
Minnesota cities are authorized to plan and adopt zoning regulations and charge
fees pursuant to the Municipal Planning Statute, Minnesota Statutes Chapter 462.
Three planning tools that the statute gives to cities are:
1. The authority to adopt comprehensive plans.
Section 462.355 of Minnesota Statutes requires cities to adopt a
comprehensive plan. The comprehensive plan “represents the planning
agency’s recommendation for the future development of the community.”
Minn. Stat. § 462.352, subd. 5 (2014).
2. The authority to zone property.
Minnesota Statutes Section 462.357, subdivision 1 grants the city the
authority to adopt zoning ordinances. It specifies the subjects that can be
regulated to promote the public health, safety, and welfare, which include:
“ . . . the location, height, width, bulk, type of foundation, number of
stories, size of buildings and other structures, the percentage of lot which
may be occupied, the size of yards and other open spaces, the density and
distribution of population, the uses of buildings and structures for trade,
industry, residence, recreation, public activities, or other purposes, and
the uses of land for trade, industry, residence, recreation, agriculture,
forestry, soil conservation, water supply conservation, conservation of
shorelands, … access to direct sunlight for solar systems …, flood control
or other purposes…”
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3. The authority to adopt subdivision regulations.
Minnesota Statutes Section 462.358 grants cities the authority to enact
subdivision regulations.
C. Ordinances: Implementation of the Authority to Zone
Through the adoption of ordinances, the city implements its authority to plan and
zone, consistent with the constitutional and statutory requirements.
II. Planning Commission
A. Organization and form.
Section 2-1-1 of the Rosemount City Code establishes a planning commission
which consists of up to five members appointed by the city council. The
commission is advisory to the city council on most matters, but when acting as the
board of appeals and adjustments, deciding variance requests, or in reviewing site
plans, the commission’s decisions are final unless appealed to the city council.
City Code, §§ 11-12-1 and 11-12-3. The city’s community development staff
provides staff services to the planning commission.
B. Duties.
The planning commission must perform the duties required of planning agencies
under state law and as specified in city ordinances. Those duties include:
-To prepare and update the comprehensive plan for city council
consideration; to periodically review the plan and recommend
amendments when necessary. Minn. Stat. § 462.355, subd. 1; City Code §
2-1-4.
-To conduct at least one public hearing on the comprehensive plan or any
amendment thereof. Minn. Stat. § 462.355, subd. 2.
-To study and recommend to the city council reasonable and practicable
means for implementing the comprehensive plan, such as the adoption of
zoning ordinances, subdivision ordinances, capital improvement
programs, etc. Minn. Stat. § 462.356, subd. 1.
-To review proposals for the acquisition, disposal or capital improvement
of publicly owned land and report findings to the council concerning
conformance to the comprehensive plan. Minn. Stat. § 462.356, subd. 2.
-To conduct public hearings on proposed zoning ordinances or
amendments thereto. Minn. Stat. § 462.357, subd. 3; City Code § 11-10-
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-To make recommendations to the city council regarding proposed zoning
ordinances (upon instruction by the city council). Minn. Stat. § 462.357,
subd. 4; City Code § 11-10-11.
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-To serve as the board of appeals and adjustments, including deciding
appeals from decisions made by an administrative officer. City Code §
11-12-1; Minn. Stat. § 462.357, subd. 6.
-To hear and grant requests for variances as the board of appeals and
adjustments. Minn. Stat. § 462.357, subd. 6 (2); City Code § 11-12-1.
-To conduct hearings on conditional use permit applications and interim
use permit applications and make recommendations to the city council.
Minn. Stat. § 462.3595; City Code §§ 11-10-7, 11-10-8.
-To review and comment on concept plans. City Code § 11-10-3.
-To hold public hearings on and approve site plans. City Code § 11-10-3.
-To prepare and recommend official maps to the city council. Minn. Stat. §
462.359, subd. 2.
-To hold public hearings on proposed plats and make recommendations to
the city council. Minn. Stat. § 462.358, subd. 3b; City Code § 12-2-2.
C. Information to be relied upon.
In performing the above duties, the planning commission must rely upon and
make its decisions in accordance with the city’s comprehensive plan, state statutes
and the city’s current zoning and subdivision ordinances. The planning
commission is not authorized by state law or the city code to be able to make new
policy in order to arrive at its decisions.
III. Other City Boards and Commissions.
A. Parks and Recreation Commission.
The Parks and Recreation Commission advises the city council in the acquisition
and maintenance of parks, playgrounds, and other public lands. It makes
recommendations to the city council regarding expansion and plans for the
development of the city park and recreation system, any desired regulatory
ordinances, and any other matters related to the city’s park and recreation system.
B. Port Authority.
The Port Authority encourages and carries out economic development and
redevelopment within the city, acting as the development authority on behalf of
the city’s interest to increase the tax base, promote new job development, and
enhance the health, safety and welfare of the city’s residents. The Port Authority
is a separate entity from the city.
C. Utility Commission.
The Utility Commission is an advisory board to the city council that helps review
infrastructure development; reviews operating budgets for water, sewer, sanitary
sewer, and storm sewer; and reviews a consultant’s study on rates every five
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years. The Commission also handles residents’ concerns on water and sewer
matters.
D. Youth Commission.
The Youth Commission provides the youth of the city with a leadership
opportunity, to participate in government, and to represent and articulate the
needs of youth (ages 14-18) in the City. It is an advisory board to the city
council.
IV. The Comprehensive Plan
A. What it is and how the city adopts it.
The comprehensive plan is a “compilation of policy statements, goals, standards,
and maps for guiding the physical, social and economic development, both
private and public, of the municipality and its environs …”. Minn. Stat. 462.352,
subd. 5. It includes several elements, including a land use plan, transportation
plan, and community facilities plan. In the metropolitan area, the comprehensive
plan must provide guidelines for the timing and sequence of the adoption of
official controls to ensure “planned, orderly, and staged development and
redevelopment consistent with the comprehensive plan.” Minn. Stat. 473.858,
subd. 1.
B. Process for adopting and amending the comprehensive plan.
1. Plan preparation. Typically, the planning commission, with the assistance
of staff, prepares the comprehensive plan. The city council, however, may
propose a comprehensive plan or amendments to the comprehensive plan
by resolution.
2. Public hearing(s). The planning commission must hold at least one public
hearing on the plan or any amendment to the plan before adopting the plan
or any section or amendment of the plan. The notice of the public hearing
must be published once in the official newspaper at least 10 days prior to
the hearing.
3. Metropolitan Council Review. In the metropolitan area, cities must
submit their proposed plans to the Metropolitan Council following
approval of the planning commission and after consideration but before
final adoption of the plan by the city council. The Metropolitan Council
reviews the plan for consistency with metropolitan system statements.
Metropolitan cities’ comprehensive plans must be consistent with the
metropolitan system statements.
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4. Adoption. To adopt the comprehensive plan or amendments to the plan,
the city council must approve the plan or amendment by a two-thirds
majority vote. The council cannot adopt the plan or amendments until it
has received the planning commission’s recommendation or until at least
60 days have passed from the date that the city council proposed an
amendment to the planning commission.
C. Effect of the comprehensive plan.
The comprehensive plan is the policy statement for the future development of the
city. In the metropolitan area, however, cities are required to take steps to ensure
that their official controls (subdivision ordinances, zoning ordinances, capital
improvement programs, etc.) do not conflict with the comprehensive plan. If
inconsistencies exist, cities must either amend the plan or amend their official
controls to remove the inconsistencies. Metropolitan cities may not adopt any
fiscal device or official control that is in conflict with their comprehensive plans
or that permit activity in conflict with metropolitan system plans.
V. Judicial Review of Zoning Decisions
A. General: Courts review cities’ zoning decisions to determine whether they are
reasonable under the facts and circumstances. A zoning decision will not be
overturned if there is a reasonable basis for the decision. Courts will overturn
decisions that are arbitrary or capricious – based on “whim or caprice.”
B. Zoning and Rezoning:
1. Zoning and rezoning is a legislative act.
- The City is formulating public policy.
- Courts give cities greater latitude in this area.
2. Zoning decisions by a city must be upheld unless it can be shown that the
classification is not supported by any rational basis relating to promoting
public health, safety, or welfare, or that it amounts to a taking of the
property without just compensation.
3. It is insufficient for a property owner to show only that the property has
been devalued through a zoning change, or that the property would be
more valuable in another classification.
4. If a proposed rezoning conforms to the comprehensive plan, denial will be
considered arbitrary, unless reasons are articulated to show that the
proposed rezoning did not conform to the plan in all respects (e.g., timing
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is premature) or circumstances have changed so that the comprehensive
plan no longer reflects the city’s vision and the plan requires amendment.
VI. Conditional or Interim Use Permits and Variances.
A. Quasi-Judicial Zoning Act – The city applies the ordinance standards to a
particular use.
B. Conditional Use Permits – Standard is governed by the ordinance criteria, as
public policy is established by it.
1. Follow ordinance criteria – public health, safety, and welfare are assumed
to be incorporated in the ordinance.
2. Examine the facts to see that there is compliance with the ordinance. If
the ordinance is satisfied, or can be complied with by the imposition of
conditions, the permit should be issued.
3.When a zoning ordinance expressly authorizes a proposed use by
conditional use permit, denial must be for reasons relating to public health,
safety, and general welfare, using the ordinance criteria as a guide.
C.Interim Use Permits – Standard is governed by the ordinance criteria, as public
policy is established by it.
1.The city may grant an interim use permit if the interim use conforms to the
city’s zoning ordinances, there is an identifiable termination date or event
and the user agrees to conditions deemed appropriate by the city.
2.There should be a time limitation placed on the interim use permit. It
should cease on a date certain, upon the occurrence of a specific event or
until zoning regulations no longer permit it.
D.Variances. The standard for granting or denying a variance is governed by the
criteria set forth in state statute and the ordinance.
1.Variances, by definition, are the exception to the rule. If you find that you
are often granting variances from a particular zoning provision, you might
consider re-examining the usefulness of the rule rather than granting
multiple variances.
2.The standard for granting variances changed as the result of legislation
passed in 2011. Owners are no longer required to show “undue hardship”
but must show there are “practical difficulties” in complying with the
zoning ordinance. “Practical difficulties” means the owner proposes to
use the property in a reasonable manner that is not permitted by the
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ordinance; the owner’s plight is due to circumstances unique to the
property and not caused by the owner; and the variance, if granted, will
not alter the essential character of the locality. The variance must be in
harmony with the general purposes and intent of the ordinance and must
be consistent with the comprehensive plan. Economic considerations
alone do not constitute a practical difficulty. Conditions may be imposed
on variances, but the conditions must be directly related to and bear a
rough proportionality to the impact created by the variance.
VII. Procedure before Planning Commission and Council
A. Not only are the planning commission’s proceedings reviewed by the city council
and used in making its decision on an application, but they are also relied upon by
a court in legal action against the city.
B. While new evidence can be submitted at trial, additional evidence can be offered
only where there is good cause why the evidence was not submitted to the city.
C. Cases require both the city and landowner or developer to “lay their cards on the
table” so the city can make a decision with all information available.
-If additional time is needed to respond to issues raised, table the matter to
allow for the presentation of all of the evidence, whether this is from the
city, the landowner, the developer, or opponents of an application. Caveat:
remember that you must comply with the 60-day law.
D. The procedure requires that the planning commission and the city council be
thoroughly prepared for the hearing on the request.
1. Allow all parties to fully present information.
2. Thoroughly study and review the city staff reports.
3. Actively participate in the discussion.
4. Know and state the reasons for granting or denying the request.
5. Articulate the reasons for a decision (each commissioner should articulate
his or her specific reasons for voting the way that he or she voted (even if
the reasons are similar)). This is not only helpful to a court, but also helps
the city council understand the issues that the planning commission
reviewed and how it arrived at its decision.
E. What not to do at the hearing on the request.
1. Do not make off the cuff comments that could damage the city’s position.
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2. Do not shoot from the hip in stating reasons for denial.
3.Do not make a quick decision if new evidence comes out at the hearing.
The matter can be tabled to prepare a thorough response to new matters
raised by the applicant or the parties opposing the application, subjectto
compliance with the 60-day law, of course.
F. Do not pre-judge applications or demonstrate bias on quasi-judicial matters. In a
recent decision, the Minnesota Court of Appeals determined that the City of
Minneapolis had acted arbitrarily and capriciously in denying applications for a
conditional use permit and variances, where one of the council members had
“exhibited a closed mind” and “adopted an advocacy role in opposition to the
project” before the application had even been heard. The court required the City
to conduct new hearings and to render a decision without the participation of the
biased council member.
G. Voting.
1.If a tie vote occurs and the decision is one where the planning commission
is acting in an advisory capacity (i.e. providing recommendations on
proposed plats, concept plans, conditional use permits, zoning ordinance
amendments, etc.), the item may proceed to the city council. The city
council should be advised that a tie vote occurred.
2.If a tie vote occurs and the decision is one where the planning commission
is acting as the board of appeals and adjustments, or is reviewing a site
plan, the motion fails. In this case, the commission chair should first
inquire as to whether there are any other motions to be offered. If no other
motions are made, the chair should declare that the application is denied (a
failure to gain enough votes in favor of an application constitutes a
denial).
VIII. Commonly Heard Arguments.
A. “The decision being made will reduce the value of my property and result in a
taking.”
Thumbnail sketch of takings law. A regulation adopted by a state or political
subdivision constitutes a “regulatory taking” in two situations:
1. A categorical taking occurs if the regulation destroys the entire value of
the property. In such a case, the city must compensate the property owner.
2. In those instances where a regulation diminishes, but does not destroy, the
value of property, a taking can still occur based on the facts and
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circumstances of each case. In making this type of determination, courts
look at such things as: (a) the nature of the regulation; (b) the extent to
which the regulation impacts the value of the property; and (c) the
legitimate investment-backed expectations of the property owner.
B. “If you make this decision you will be setting a ‘precedent.’” It is important to
treat similarly situated properties similarly. In most instances, differences exist
between zoning applications that may justify different treatment. Courts also
recognize that circumstances change with the passage of time, and time alone may
be a sufficient basis (from a legal perspective) to distinguish two different
applications. As a practical matter, it is important to articulate reasons and the
factual basis for making zoning decisions, so that distinguishing facts are
identified in the planning commission and city council records.
IX. The 60-Day Rule
A.Decisions subject to the 60-day rule. The 60-day rule applies to written requests
for a permit, license or other government approval related to zoning, septic
systems, or the expansion of the Metropolitan Urban Service Area. This means it
applies to requests for rezoning, conditional use permits, interim use permits,
variances, and probably comprehensive plan amendments. It does not apply to
subdivision approvals, which have their own specific time limits.
B.Starting the Clock. The 60 days do not begin to run until a completed application
is received. However, the law deems any application to be complete (at least for
purposes of starting the clock) unless the city within 15 business days after receipt
notifies the applicant that the application is not complete and specifies what
information is missing.
C.Extensions of the 60-day Period.
1.The 60 days is automatically extended if a state or federal law or a court
order requires a process to occur before the city acts on the request.
(example: in cases where an environmental assessment worksheet (EAW)
or environmental impact statement (EIS) is required). In that case, the
deadline is extended until 60 days after the process is completed. (e.g., 60
days after a determination that an EIS is adequate). Similarly, the time
limit is extended if the application requires prior approval of a state or
federal agency; the deadline is then extended to 60 days after the required
prior approval is given.
2.The city can extend the deadline for an additional 60 days by giving
written notice to the applicant before the initial 60-day period expires.
The written notice must give a reason for the extension and the length of
the extension. There is some inconsistency in the court decisions as to
what type of reason will justify an extension: one court decision indicated
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any reason is sufficient, and another indicated that only exigent
circumstances warrant an extension.
3.The city can extend the deadline for more than an additional 60 days, if
the applicant agrees. It is preferable, but not required, to get the
applicant’s consent to such an extension in writing.
D.Effect of Missing the Deadline. An application that is subject to the 60-day law is
automatically approved unless the city approves or denies the application within
the 60-day period or extended period. If the application is denied, the city must
state the reasons for denial on the record and provide the applicant with a written
statement of the reasons for denial before the 60-day period expires. The written
statement must be adopted at the same meeting where the decision is made or at
the next meeting, but before applicable period expires. Resolutions with written
findings should be used on applications subject to the 60-day law.
E. Planning Commission and Council Action. Both the planning commission and
the city council must act on an application within the 60-day period. The clock
does not start over after the planning commission. This includes variances and
appeals from variance decisions.
X. Open Meeting Law.
A. In General. The Open Meeting Law (OML) requires that meetings involving a
quorum of the planning commission (i.e. three or more) must be open to the
public. The OML applies to the planning commission and also to the city council
and to any other commission, subcommittee, board, department or committee of
the city.
B.Meeting. A “meeting” is a gathering of a majority of the members of the body at
which official business is discussed. It is not necessary that action bet taken for a
gathering to constitute a “meeting.” A meeting does not include chance or social
gatherings as long as public business is not discussed. It also does not include
telephone calls or letters, provided that the body is not purposely using calls or
letters as a means of deciding public matters outside the public view. Thus, it is
permissible to lobby and consult one another, but decisions on public business must
be made publicly. As a practical matter, it is best to simply avoid discussing city
business with other members of the planning commission outside of a commission
meeting.
C.Notice. A schedule of the regular meetings of the planning commission must be
kept on file at city hall. If the planning commission decides to hold a regular
meeting at a time or place different from the time or place stated in its schedule of
regular meetings, it must give notice for a special meeting. Notice of special
meetings must be posted at least three days before the meeting and must include the
date, time, place, and purpose of the meeting. For an emergency meeting, no
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notice is required but good faith efforts to notify the news media and other parties
requesting notice must be made.
D.Votes. Votes of the members of the commission on an action taken in a meeting
required by the OML to be open to the public must be recorded in a journal kept
for that purpose.
E.Access to Meeting Materials. The public must have access to all materials
provided to the planning commission before, during or after the meeting and
pertaining to the items on the agenda. This does not include materials classified
as not-public by law.
F.Violations. Intentional violations of the OML may subject an individual to personal
liability in the form of a civil penalty up to $300. If a person has been found to
have intentionally violated the OML three or more times involving the same
governing body, that person forfeits any further right to serve on the governing
body or in any other capacity with the public body for a period of time equal to
the term of office such person was then serving.
G.Use of E-mail. With respect to the OML, e-mail is fundamentally no different from
any other form of communication. Care must be exercised, however, to be sure that
a quorum or more of the planning commission does not use e-mail to communicate
with each other outside of a meeting. If a member of the planning commission
wishes to share information with other members, he or she should do so through a
member of the city’s community development staff. If a planning commission
member receives an email from any source related to city business and distributed to
multiple planning commission members, he or she should reply only to the sender.
The reply should not be copied to all on the original distribution or forwarded to any
planning commission member. If the planning commission member wishes that
other commission members see the communication, it should be forwarded to the
community development staff for distribution to other members.
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