Planning Commission

Special Meeting: Planning Commission Committee Location: City Hall, Council Chambers, 515 2nd Avenue, SW, City of Minot, ND Meeting Called to Order: April 23, 2014 at 4:30 p.m. Presiding Official: Chairman, Dave Pankow Secretary: Steve Borjeson In Attendance: Ryan Conklin, Gene Eggen, Larry Holbach, Brenden Howe, Tyler Neether, Chairman Dave Pankow, Jeff Stremick, Pam Karpenko Absent: Wally Berning, Todd Koop, Mike Lucy, Travis Zablotney, John Zimmerman Staff Present: City Attorney, Colleen Auer City Planner, Donna Bye Planning Technician, Steve Borjeson Planning Assistant Sue Nilson I. Meeting Minutes There were no previous minutes to read and approve. II. Proposed Guidebook for Committee Members and City’s Comprehensive General Plan Circulated to Members as Reference During Presentation. Ms. Auer circulated proposed “Guidebook for the City of Minot, North Dakota, Planning Commission Committee” and a copy of the City’s Comprehensive General Plan to members to use as a reference during Ms. Auer’s training presentation. Ms. Karpenko requested the opportunity to review the Guidebook before voting on whether to approve and adopt the Guidebook. Chairman Panko asked Ms. Auer whether consideration of adoption of the Guidebook could be deferred until the end of the meeting. Ms. Auer stated that was acceptable. 1 III. City Attorney Presented on Legal Matters Applicable to Planning Commission Committee Members. Ms. Auer presented on the following legal matters applicable to the committee:  source of authority of members (state and local laws);  scope of authority of members (authority under City Codes and how it should be exercised in relation to the City’s Comprehensive General Plan);  limits on the authority of members (City Council powers and expenditure limits);  public accountability of members (ethical duties and duties related to Open Meeting and Public Records Laws);  personal accountability of members (avoiding conflicts of interest and corrupt practices). Chairman Panko discussed the importance of applying adopted zoning code criteria when making decisions on particular zoning requests. Ms. Auer suggested the members include their factual findings in support of each decision made in the record and report submitted by the committee to City Council for review and consideration, with specific reference to the impact of the decision on the Comprehensive General Plan. Ms. Auer discussed creation of conflicts statement to be kept on file with the City and advised members of the procedure for disclosing conflicts of interest. Chairman Panko related his approach to ex-parte requests for meetings and information concerning a matter of public business. Ms. Auer provided examples of ways members might inadvertently violate Open Meeting Law, particularly in regard to the broad definition of “public body” under the Open Meeting Law. Ms. Auer also provided information regarding members’ obligations under the Public Records Laws, including specific types of documents considered to be public records subject to disclosure under those laws. Chairman Panko asked whether the City would provide IPADS for business use by members. Ms. Auer commented that it would be a good option, provided there were adequate funds available in the budget for that purpose. Ms. Karpenko, expressed concern that absent members would not receive the information provided during the presentation. 2  Discussion ensued between Chairman Panko, Ms. Auer and Ms. Bye as to whether supplemental information would be included with the minutes circulated to all members. Chairman Panko discussed the procedure for incorporating proposed changes to the Guidebook and suggested that any proposed changes by members could be presented at a regular meeting. The question put by the Chair “should the Guidebook be approved by the committee” was not adopted. Informal discussion ensued and it was agreed that adoption would not be considered until members had the opportunity to review the full content of the Guidebook. Motion “to accept the Guidebook for review and potential consideration for adoption at a future meeting” made by Ms. Karpenko. Motion was seconded. Roll call vote: Ryan Conklin (“aye”); Gene Eggen (“aye”); Larry Holbach (“aye”); Brenden Howe (“aye”); Tyler Neether (“aye”); Chairman Dave Pankow (“aye”); Jeff Stremick (“aye”); and, Pam Karpenko (“aye”). Motion adopted. The “Guidebook for the City of Minot, North Dakota, Planning Commission Committee” was received and placed on file. The meeting adjourned at 6:25 p.m. Steve Borjeson, Secretary 3