5.0. SR 02-24-1997City of
ITEM 5.
MEMORANDUM
iver
Mayor & City Council
FROM: Steven B. Ach, City Planne~
DATE:
February 24, 1997
SUBJECT: Joint Meeting with the Planning
Commission
On Monday night, the Planning Commission has four topics that they would
like to discuss with the City Council:
Downtown Master Plan
· Transportation Plan
· Ordinances for the sale of firearms
· Establishing an inventory of naturally significant features within Elk
River
Rules and Procedures
As the Council may know, several years ago the Planning Commission
adopted a set of rules and procedures. These rules and procedures are
reviewed and updated each year at the Planning Commission's annual
meeting. These rules and procedures are not adopted as part of the City
Code, rather they provide some guidance for the Planning Commission in
administrating the Planning Commission's business in conducting public
hearings. These rules and procedures are attached for the City Council's
information.
Annual Meeting
The Planning Commission conducts an annual meeting to review last year's
goals and objectives as well as the previous year's work program. In
addition, the next year's goals and objectives and workshop topics are also
established to assist in guiding the Planning Commission through the
upcoming year.
Attached for the Council's information is a copy of the minutes from this
year's Planning Commission annual meeting.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Memo to the City Council
Joint Mtg. City Council/Planning Commission
February 24, 1997
Page 2
Attachments
· Minutes from the 1996 Planning Commission/City Council Joint Meeting
· Minutes from the Elk River Planning Commission Annual Meeting dated
January 11, 1997
· Planning Commission Rules and Procedures as amended January, 1996
s:\council\jointpln.doc
SPECIAL MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, FEBRUARY 19, 1996
Members Present:
Members Absent:
Staff Present:
Mayor Duitsman, Councitmembers Diefz, Scheel, Farber, and
Holmgren
None
Pat Klaers, City Administrator, Terry Maurer, City Engineer:, Steve
Ach, City Planner, Peter Beck, City Attorney; Lori Johnson, Assistant
City Administrator
Call Meetinq To Order
Pursuant to due call and notice thereof, the special meeting of the Elk River City
Council was called to order at 5 p.m. by Mayor Duitsman.
It was the consensus of the City Council that the agenda was acceptable as
presented.
Joint Meetina with the Plannina Commission
The following members of the Planning Commission were present: Chair Tom
Dillon, Commissioners Kuester, Sullivan-Slocum, Thompson, Minton, and Anderson
(Commissioner Tacheny was out of town on vacation). Also present were the
following Chamber of Commerce Representatives: President Dennis Chuba,
Lynn Caswell, and Charlie Houle.
The City Administrator distributed an article from the August, 1988 Public
Mana.qement magazine entitled Ways to Selectively Influence Growth. It was
suggested that the most relevant information in this article reviews the following
methods or techniques for managing growth: the extension of municipal utilities,
the availability of land, and the zoning ordinance/map. It was also noted that,
from the tone of this article, it appears that the City of Decatur, Georgia has had
problems in the past with developers.
The City Planner reviewed his memo on growth management and specifically
discussed residential and commercial/industrial development in the urban
district of the city pdor to municipal utilities being available.
The Planning Commission Chair stated that the Planning Commission had
discussed this topic in a worksession, it was the consensus of the Planning
Commission that, in the residential zone prior to utilities, the development
guideline should be a 10 acre minimum. It was noted that the Planning
Commission considered overlay plats and a 2-1/2 acre development pattern,
but rejected this approach based on the belief that if this residential
development pattern took place then utilities would never be extended into
that area or beyond.
Special City Council Meeting
February 19, 1996
Page 2
Chamber of Commerce President Dennis Chuba distributed a handout entitled
Development in Areas Imprisoned by Urban Service Area Boundaries. It was
noted that the Chamber suggestions do not apply strongly to residential uses,
but do apply strongly to opportunities for commercial/industrial uses in the
urban district pdor to utilities being available.
Discussion of the four Chamber suggestions related to commercial/industrial
(C/I) uses took place...fhe City Engineer indicated that it could be possible to
measure the flow of septic discharge from facilities, but that there would be a
concern about potential reuses of a building...the City Attorney stated that it is
very difficult for something to be legally binding whereby a property owner
would sign off to pay future assessments and also noted the future political issue
of allowing a rural development pattern and then municipal sewer and water
(with assessments) coming into the area at a later date...the Mayor indicated
that many good industrial uses need sewer and water and that the city is out of
industrial land that has municipal utilities...a number of Planning Commission
members supported the concept of allowing C/I development only if the city
could get a commitment that sewer and water assessments will be paid in the
future...Councilmember Holmgren indicated his support for maintaining a ten
acre minimum in the residential areas before utilities become available and
indicated his support for keeping non-urban development out of the urban
district until utilities become available in order to protect the integrity of the
future urban district along Highway 10...Councilmember Farber concurred in his
support for the ten acre minimum in the residential zone, but indicated he would
be willing to look at non-urban uses in the C/I zone on a case-by-case bases...it
was noted that the current city policy is a pro-growth, aggressive plan that
reserves and protects land for future urban growth opportunities...
Councilmember Dietz indicated that he could see both sides of the issue and
indicated his concem about whether or not sewer and water utilities could be
afforded by land owners if rural development takes place in the urban
district...the Mayor concurred with Councilmember Diefz and indicated that if a
great deal of rural C/I development takes place along Highway 10, then the city
may never get municipal utilities into this area. Furthermore, he hopes to have a
public headng in May on the extension of municipal utilities to this corridor.
The Mayor summarized the discussion by indicating that no final conclusions
have been made at this time. There currently is a formal request that will go to
the Planning Commission and then to the City Council regarding the city's
policy for development in the urban district prior to municipal utilities being
available.
On a different topic, the Mayor summarized his recent conversations with Rich
Duggan whereby Mr. Duggan would like to expand his Marketech business to a
larger facility. The goal of Mr. Duggan is to purchase land for the construction of
a facility, but Mr. Duggan is having problems locating industrially zoned land.
One site discussed was south of Highway 10 in the very eastern part of the city
off of a service road. This property is currently zoned highway business and has
a few different types of existing businesses. The Planning Commission indicated
Special City Council Meeting
February 19, 1996
that it would review this area and the request from Mr. Duggan at its next
meeting.
Page 3
3. Discussion on Capital Improvement Proqram
The ClP meeting began at approximately 6:30 p.m. The City Administrator
provided an overview of the agenda and noted that the last ClP meeting is
reviewed in the 1/15/96 minutes that have already been approved by the City
Council.
Municipal Liquor Store - Liquor Store Manager Fritz Dolejs reviewed his 1995
Annual Repod to the City Council. Fritz highlighted the finances for 1995 as
outlined on Page 5 of his report...Fritz indicated that his priorities for the future of
the liquor store are to purchase a Westbound Liquor store site and begin plans
for the construction of a new Northbound store...Councilmember Dietz discussed
the possibility of a liquor store in the downtown area...locations along the north
side of Highway 10 were reviewed and the Council indicated its support for the
Joplin Street and Highway 10 intersection.
COUNClLMEMBER HOLMGREN MOVED TO HAVE STAFF PROCEED WITH THE
NEGOTIATIONS FOR A WESTBOUND LIQUOR STORE SiTE AT THE NORTHWEST CORNER
OF JOPLIN STREET AND HIGHWAY 10. COUNClLMEMBER DIETZ SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
COUNClLMEMBER HOLMGREN MOVED TO OBTAIN A QUOTE FOR ARCHITECTURAL
SERVICE5 FROM THE TUSHIE MONTGOMERY ASSOCIATES, INC. ARCHITECTURAL
FIRM FOR SERVICES FOR A NEW NORTHBOUND LIQUOR STORE PROJECT.
COUNCiLMEMBER DIETZ SECONDED THE MOTION.- THE MOTION CARRIED 5-0.
Ice Arena Project Update - Ice Arena Task Force members Pat Klaers, Lori
Johnson, John Dietz, and Larry Farber updated the City Council on the status of
the ice arena project and recent Task Force meetings.
COUNCiLMEMBER DIETZ MOVED TO HAVE THE ARCHITECTS PROCEED WITH THE ICE
ARENA CONSTRUCTION DOCUMENTS. COUNCIl. MEMBER FARBER SECONDED THE
MOTION. THE MOTION CARRIED 4-1. Councilmember Scheel opposed.
COUNCILMEMBER HOLMGREN MOVED TO HAVE THE CITY CONTRIBUTE TO THE
PROJECT BUILDING PERMIT FEES, THE SEWER AVAILABILITY CHARGE, THE COST TO
INSTALL THE SEWER LINE, AND ANY STREET DEPARTMENT HELP WITH THE STRIPING
AND MARKING AND SIGNAGE OF THE PARKING LOT. COUNClLMEMBER FARBER
SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Scheel
opposed.
Western Area Surface Water Manaqement Plan - The City Administrator briefly
reviewed the western area surface water management plan and in the
discussion of this document the City Engineer noted that a similar plan would be
needed out east if urban development is going to take place. The western area
plan dated November, 1995, was received by the Council
Eastern Elk River Public Improvement Project - The City Administrator briefly
reviewed the memo on east Trunk Highway 10 aerial topography and ground
Elk River Planning Commission
Annual Meeting
January 11, 1997
The Annual Meeting of the Elk River Planning Commission was held Saturday, January 11, 1997 at
8:30 a.m. at Elk River City Hall.
Members present: Judy Thompson, John Anderson, Louise Kuester, Bob Minton, Tom Mesich, Vic'k/
Sullivan and City Planner Steve Ach.
Members absent: Doran Cote
The meeting was called to order by Chair Thompson, and the agenda was reviewed. Commissioner
Minton moved to approve the agenda, second John Anderson.
Commissioner Thompson moved and Commissioner Minton seconded to elect 1997 officers as
follows: Chair John Anderson, Vice Chair Vicki Sullivan.
In review of Planning Commission Rules and Procedures the following changes were approved in a
motion by Louise Kuester, second, Vicki Sullivan:
Article III "Term Limits" add the verbage "It is suggested that"
Section 8.2 Protocol //2 and//3 add" ,,
all statements
//6 add "during the public hearing or after the public hearing has been
closed"
1996 Goals and Objectives and Workshop Topics were reviewed.
1997 Goals and Objectives were discussed and adopted.
1. Continue to pursue pUblic relation activities by making available a set of the protocol and
procedures for public meetings from the Planning Commission Rules & Procedures.
2. Meet with both the City Council and the Park and Recreation Commission for the purpose of
reviewing joint goals and objectives.
3. Participate in the planning and execution of the 1997 Regional Planning Conference.
4. Continue to promote Commissioner training through Government Training Services, local,
state and national conferences.
Consider the impact of the following areas on land planning in Elk River: transportation,
historical and natural assets.
6. Review several completed sites to determine if site review should be an ongoing group process.
1997 Workshop topics were discussed and accepted.
1. Mobile workshops are planned for May, July and September.
2. Invite the Chief of Police and the Fire Chief to a dialog on how growth is affecting their
departments. (March)
3. Meet with the City Attorney in a training session. (February 11)
4. Review the Comprehensive Plan. (February 11)
5. Fomulate topics for joint meeting with City Council.
6. Invite a speaker on costs associated with urban sprawl.
7. Continue to discuss on-going issues throughout the year.
Chair Anderson will invite Dave Schwarting, Sherburne County Highway Department to meet with
the Elk River Planning Commission to discuss the county's transportation plan.
The 1997 Planning Commission meeting schedule was approved with changes.
A resolution supporting the Community Values Guide will be discussed with the City Attorney at
February 11 meeting.
Attendees to the National Planning Conference will be Tom Mesich and Louise Kuester.
Meeting adjourned at 11:45 a.m.
Respectfully submitted,
Vicki L. SUllivan
Recording Secretary
ELK RIVER
PLANNING
COMMISSION
RU LES AN D
PROCEDURES
Planning Commission Rules and Procedures
Page 2
1/13/97
Article I. Introduction: ................................................................................................... 3
Section 1. Purpose ...................................................................................................... 3
Section 2. Application of Rules and Procedures ......................................................... 3
Article II. Offices and Duties: ........................................................................................ 3
Section 1. Offices Designation ................................................................................... 3
Section 2. Recording of Meetings ............................................................................... 3
Section 3. Duties and Offices ..................................................................................... 3
Article III. Term Limits: ................................................................................................ 4
Article IV. Meetings and Hearings: ................................................................................ 4
Section 1. Notice ........................................................................................................ 4
Section 2. Meetings .................................................................................................... 5
Section 3. Workshops ................................................................................................. 5
Section 4. Meeting Records ........................................................................................ 5
Section 5. Meeting Arrangements ............................................................................... 5
5.1 Date .................................................................................................................. 5
5.2 Location ........................................................................................................... 5
5.3 Additional Meetings ......................................................................................... 6
Section 6. Parliamentary Procedure ............................................................................ 6
Section 7. Public Hearing Agenda .............................................................................. 6
Section 8. Procedure for Public Hearings ................................................................... 6
8.1 Procedure ......................................................................................................... 6
8.2 Protocol ............................................................................................................ 7
Section 9. Communications with Public and Applicant ............................................... 7
9.1 General ............................................................................................................. 7
9.2 Disclosures ....................................................................................................... 7
9.3 Exception ......................................................................................................... 7
Section 10. Deliberation ............................................................................................. 8
10.1 Voting ............................................................................................................ 8
10.2 Conflict of Interest .......................................................................................... 8
Section 11. Orientation for New Members ................................................................. 8
Article V. Education, Conference & Convention Policy: ................................................ 8
Article VI. Maintenance of Rules and Procedures: ......................................................... 9
Planning Commission Rules and Procedures
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Article I. Introduction:
Section 1. Purpose
It is the intent of the Elk River Planning Commission to conduct its business and perform
its responsibilities and duties in an orderly, efficient, fair and lawful manner. These rules
and procedures are established for that purpose.
Section 2. Application of Rules and Procedures
Unless otherwise specifically indicated, these rules and procedures shall apply to the
transaction and administration of all Planning Commission business and the conduct of
all Planning Commission meetings and hearings.
Article II. Offices and Duties:
Section 1. Offices Designation
The Commission at its first regular meeting in January of each year shall elect a
Chairperson and Vice Chairperson.
Section 2. Recording of Meetings
The City supplies a qualified staff member to perform all general corresponding and
recording secretarial duties for the Planning Commission. In the absence of staff to
perform recording the Vice-Chairperson shall record the activities which take place
during the meetings.
Section 3. Duties and Offices
The duties and powers of the offices and the members of the Planning Commission shall
be as follows:
A. Chairperson
1. Preside at all meetings of the Commission.
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2. Call special meetings of the Commission in accordance with the City
Ordinance.
3. Sign documents of the Commission.
4. See that all actions of the Commission are properly taken.
5. Work with the City Staff to set monthly meeting agendas.
B. Vice Chairperson
During the absence, disability or disqualification of the Chairperson, the Vice
Chairperson shall exercise or perform all the duties and be subject to all the responsibility
of the chairperson.
C. Commissioners
1. All commissioners shall be responsible for the collection, review and
dissemination of facts regarding an issue before them. Facts shall be gathered
in a manner consistent with Article IV Section 9 of these procedures.
2. All commissioners shall be familiar with City Code, the City Comprehensive
Plan, and state law regarding the operation and duties of a planning
commission.
3. At least one Planning Commissioner will be available at the City Council
meetings, where Planning Commission items will be discussed, to answer
questions and provide information relevant to Planning Commission
decisions.
4. All Commissioners shall endeavor to be present at all Planning Commission
meetings and hearings
Article III. Term Limits:
The City of Elk River Planning Commission recognizes that service on the Elk River
Planning Commission is a civic duty. It is suggested an individual commissioner be
limited to serving 2 (Two) terms. Before being considered for another appointment to
the Planning Commission, a former Planning Commissioner shall have spent no less than
one three year term off the commission.
Article IV. Meetings and Hearings:
Section 1. Notice
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Notices of all meetings and hearings of the Planning Commission shall be made in
accordance with all statutory and ordinance notification requirements.
Section 2. Meetings
1. All meetings of the Elk River Planning Commission shall be open to the public.
2. The Planning Commission shall attempt to obtain at least one joint meeting with the
City Council annually.
3. The Planning Commission shall attempt to obtain at least one joint meeting with the
Park and Recreation Commission annually.
Section 3. Workshops
Workshops and other meetings whose sole purpose is for general information and/or
educational purposes will be open to the public. Public testimony may or may not be
allowed.
Section 4. Meeting Records
All tapes, minutes, evidence, exhibits, correspondence, maps, plats etc. shall be made a
part of the record, become the property of the City of Elk River and be maintained as a
permanent record in the City offices. These records shall be available to the public
during normal business hours at the City Hall.
Section 5. Meeting Arrangements
5.1 Date
The Planning Commission shall meet regularly on the fourth Tuesday of each month.
Other meeting dates shall be selected by the commission at their regular meetings or
called and set by the Chairperson when necessary or requested by staff, in accordance
with Section 5.3. All Commissioners will be provided with a minimum of three days
notice.
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5.2 Location
City Staff and Chairperson shall select a meeting location that will suit the anticipated
needs of the meeting and which shall be accessible to all. Most meetings will take place
at the City Hall.
5.3 Additional Meetings
The Chairperson may call for a special meeting at any time. Notice of the time and place
shall be communicated to the members and publicly noticed at least three (3) days prior
to the meeting.
Section 6. Parliamentary Procedure
Meetings of the Elk River Planning Commission shall be conducted using Robert's Rules
of Order, as most recently revised.
Section 7. Public Hearing Agenda
The City Staff and the Planning Commission Chair set the agenda for the public
hearings. The agenda may be amended by a majority vote of the Commission.
Section 8.
Procedure for Public Hearings
8.1 Procedure
1. The City staff will furnish the Commission with all pertinent information concerning
the request.
2. The Chairperson will open the public hearing.
3. The applicant and/or the representative will explain the request.
4. Those who wish to may provide testimony.
5. The applicant will then have an opportunity to answer questions.
6. After closing a hearing the Commissioners may continue to question applicants or
other constituents who have testified.
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8.2 Protocol
1. Everyone who wishes to give testimony will be allowed to do so.
2. All Statements or questions should be directed to the chair.
3. The speaker shall be as factual as possible.
4. Refrain from repeating what has already been stated, and do not involve personalities.
5. Each person offering testimony or asking questions will need to give his or her name
and address to the recorder.
6. The Planning Commission reserves the right to question any speaker during the
public hearing or after the public hearing has been closed.
7. The City Staff shall be permitted to ask questions to clarify motions or items brought
out at the hearing.
8. Written testimony may be received.
9. While all deliberations are open to the public no additional testimony may be offered
after the close of the public hearing.
Section 9. Communications with Public and Applicant
9.1 General
The Commission shall comply with the requirement of the Minnesota Open Meeting
Law. Prior to public hearing or Commission deliberation, no Commissioner member
shall lobby the merits of a pending case with staff, applicant, other commission members
or the general public.
9.2 Disclosures
If a commission member is contacted or discusses a pending case outside of a planning
commission meeting, the member shall disclose during the public hearing the facts
relating to such communication.
9.3 Exception
Nothing in this section shall preclude the general information communication by
Commission members relating to the general conduct of a meeting or hearing, or forbid
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staff or members from discussing with Commission members any upcoming meetings so
long as the facts or merits of the meeting are not discussed and the requirements of the
Minnesota Open Meeting Law are followed.
Section lO. Deliberation
10.1 Voting
A majority of the commission members entitled to vote shall constitute a quorum for the
transaction of business.
10.2 Conflict of Interest
The Commission members shall comply with the City Conflict of Interest Ordinance.
Any member of the Planning Commission who shall feel that he or she may appear to
have, or in fact has a conflict of interest on any matter that is on the Planning
Commission agenda shall voluntarily excuse himself/herself, vacate their seat and refrain
from discussing and voting on said items as a Planning Commissioner.
Section 11. Orientation for New Members
To assist new members in learning their responsibilities and to develop their
understanding of the planning process as quickly as possible, they will be required to:
· Review procedures with City Staff.
· Review Planning Commission's Orientation Outline.
Article V. Education, Conference & Convention Policy:
The City Council and Planning Commission of Elk River recognize and accept the
concept that the acquisition and maintenance of a body of knowledge and skills is
necessary and desirable to perform the job of the Planning Commission. Further, both
groups encourage and highly recommend periodic attendance at various educational
opportunities, conferences and conventions.
The following is the policy of the Elk River Planning Commission as it relates to city
funded educational meetings, conferences and conventions.
1. All education and training is subject to availability of funds.
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Attendance at educational meetings, conferences and conventions is voluntary.
Planning Commission members are encouraged to attend educational meetings,
conferences and conventions.
Involvement in relevant professional organizations such as the MPA or MnAPA
membership, office-holding, or committee work is intended to be considered
educational.
Planning Commission members are encouraged to participate in their budget process
and request allocations for education purposes.
In the event of budget constraints, the acquisition of skills and knowledge through
educational meetings, conferences and conventions shall have precedence of the
maintenance of same.
6. That two members may attend a National Planning Conference yearly.
7. There are no limits on the number of members or on the number of times a member
may attend a State Planning Annual Conference.
8. Planning Commissioners are encouraged to report on their educational experiences to
other commissioners.
9. Attendance at a State Conference is recommended prior to attending a National
Conference.
10. No member may attend an additional National Conference until all members who are
eligible and desire to attend a first conference have done so.
Article VI. Maintenance of Rules and Procedures:
Review rules and procedures annually and update as needed.
Dated: January 23, 1990
Revised: January 18, 1992
February 1, 1994
January 30, 1995
January 13, 1996
Jaunary 13, 1997
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