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HomeMy Public PortalAbout1976-031City of Medina 2052 County Road 24 Hamel, Minnesota 55340 RESOLUTION NO. 76-/ , REGARLING PROPOSER RULES AND REGULATIONS FOR REVIEVt OF UTTERS OF METROPOLITAN SIGNIFICANCE BE IT RESOLVED that the Medina City Council strongly urges the fol.- lowing amendments to the proposed Rules ar:d Regulations for Review of Matters Alleged to be of Metropolitan Significance (matter eresse4 eiit would be deleted; matter underlined would be added): "MC2 (c) Accepted Local Comprehensive Plans. A matter aet-eeasisteet that is substantially at variance with the local comprehensive plan accepted by the Council or adopted pursuant to Laws 1976, Chapter 127, Sections 8 to 12;-er-t-eatter-the.t-ie-met-eeasisteat-with-the-metre- eelitae-eystem--leee-ee-whiela-the-ieee.i-ee trehelieive-pian-has-been base4." COMMENTS 1. The word "substantial," used in so man;iT other areas of the proposed rules and regulations, also seems appropriate heter. Every local government grants variances from time to time because of special factors which make it impossible to apply zoning regulations strictly to every single piece of property. It would not seem likely that every local variance would be a matter of metropolitan signifi- cance. It does not seem to be necessary to measure each matter against both the local comprehensive plan and the metropolitan system plans. What if they differ for some reason? If the comprehensive plan is approved by the Metropolitan Council, it would seem sufficient to measure each proposal against that. We think the Council would have a good reason for approving any comprehensive plan that might be at some variance from a systems plan, and would not want to come back and review every proposal that followed such a variance, "MC 4 CATEGORIES OF EXEMPT MATTERS. Proposed matters within the follow- ing categories shall not be determined to be of metropolitan signifi- cance and way shall be exempted from review in accordance with MC 10 (e) or at the conclusion of an initial metropolitan significance review." C ORIENT S 2. The mandatory determination must result in mandatory exemption. MC 7 (c) (2) and (3), which require submission of information to the hearing; MC 10 (h) and (i) retention and confidentiality of information. COMMENTS 3. These provisions would permit a hearing officer and the Metro- politan Council to make decisions on information that never would be- come public. We feel this would be an extremely poor policy decision, as well as a possible violation of the laws on open meetings and open records. a. CITY OF MEDINA RESOLUTION ON METROPOLITAN SIGNIFICANCE - Page 2 If there is material involved which is of a confidential business nature and is not in the public domain, there ought not to be a right to demand thpt information in the first place. Nor ought information to be retained for three years if the return of that information to its source is necessary to run a business or a local government. We ask that the above -numbered sections be reworded to provide for necessary safeguards in accordance with these comments. Approved by the Medina City Council this 3rd day of August, 1976. DONNA ROEHL WAYN NEDDERMEYER Clerk Mayor