Planning Commission Rules and Procedures
ELK RIVER
PLANNING
COMMISSION
RULES AND
PROCEDURES
Planning Commission Rules and Procedures
Page 2
2/6/2017
Article I. Introduction: .................................................................................................... 3
Section 1. Establishment……………………………………………………………….3
Section 2. Purpose ...................................................................................................... 3
Section 3. 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. Meetings and Hearings: ................................................................................. 4
Section 1. Notice ........................................................................................................ 4
Section 2. Meetings .................................................................................................... 4
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 ............................................................................................................ 6
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 .......................................................................................... 7
Section 11. Orientation for New Members .................................................................. 8
Article IV. Education, Conference & Convention Policy: ................................................ 8
Article V. Maintenance of Rules and Procedures: ............................................................ 9
Addendum A – Section 214 of City Code Establishing Planning Commission….……...10
Addendum B – Open Meeting Law……………………………………………………...12
N:\\Public Bodies\\Boards\\By-Laws\\PCRULES.DOC
Planning Commission Rules and Procedures
Page 3
2/6/2017
Article I. Introduction:
Section 1. Establishment of Commission
The Elk River Planning Commission is established per Section 214 of the City of Elk
River City Code (Addendum A attached).
Section 2. 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 March 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:
N:\\Public Bodies\\Boards\\By-Laws\\PCRULES.DOC
Planning Commission Rules and Procedures
Page 4
2/6/2017
A. Chairperson
1. Preside at all meetings of the Commission.
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. Meetings and Hearings:
Section 1. Notice
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.
N:\\Public Bodies\\Boards\\By-Laws\\PCRULES.DOC
Planning Commission Rules and Procedures
Page 5
2/6/2017
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. It is the normal practice of the Planning Commission to infrequently have
“Mobile Workshops” that involve being transported to different venues in the area.
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.
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.
N:\\Public Bodies\\Boards\\By-Laws\\PCRULES.DOC
Planning Commission Rules and Procedures
Page 6
2/6/2017
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.
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.
N:\\Public Bodies\\Boards\\By-Laws\\PCRULES.DOC
Planning Commission Rules and Procedures
Page 7
2/6/2017
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.
10. The Chair has the right to limit discussion of an item to a reasonable time limit if
necessary.
Section 9. Communications with Public and Applicant
9.1 General
The Commission shall comply with the requirement of the Minnesota Open Meeting Law.
(Addendum B attached).
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
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 10. 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
N:\\Public Bodies\\Boards\\By-Laws\\PCRULES.DOC
Planning Commission Rules and Procedures
Page 8
2/6/2017
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 IV. 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.
2. Attendance at educational meetings, conferences and conventions is voluntary.
Planning Commission members are encouraged to attend educational meetings,
conferences and conventions.
3. Involvement in relevant professional organizations such as the MPA or MnAPA
membership, office-holding, or committee work is intended to be considered
educational.
4. Planning Commission members are encouraged to participate in their budget process
and request allocations for education purposes.
5. 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.
N:\\Public Bodies\\Boards\\By-Laws\\PCRULES.DOC
Planning Commission Rules and Procedures
Page 9
2/6/2017
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 V. Maintenance of Rules and Procedures:
Review rules and procedures annually and update as needed.
Dated: January 23, 1990
Revised: January 18, 1992 January 13, 1999
February 1, 1994 April 28, 2000
January 30, 1995
January 13, 1996
January 13, 1997
a:\\pcrules.doc
N:\\Public Bodies\\Boards\\By-Laws\\PCRULES.DOC
Planning Commission Rules and Procedures
Page 10
2/6/2017
ADDENDUM A
SECTION 214 - PLANNING COMMISSION
214.00 - ESTABLISHMENT OF COMMISSION
A City Planning Commission for the City of Elk River is hereby
established. The Commission shall be the City planning agency
authorized by Minnesota Statutes, Section 462.354, Subdivision
214.02 - MEMBERS AND TERMS
The Planning Commission shall consist of seven (7) members
appointed by the City Council for terms as follows: two members
whose terms expire December 31, 1982; two members whose terms
expire December 31, 1983; three members whose terms expire
December 31, 1984. Thereafter, each member shall be appointed
at the first regular Council meeting in March for terms of three
(3) years. All terms shall end on the last day of February,
however, commissioners shall hold office until their successors
have been appointed. A vacancy shall be filled by the City
Council for the remainder of the term. Each member of the
Commission shall be a resident of the City of Elk River. The
members of the Planning Commission, by a majority vote, shall
elect one of the appointed Commissioners at the first meeting of
the year to serve as Chairman.
214.04 - POWERS AND DUTIES
The Planning Commission shall have and exercise the powers and
duties conferred upon such commissions by the Municipal Planning
Act (Minnesota Statutes, Section 462.351 to 462.364) and by
ordinance rules and regulations of the City. The Commission
shall also exercise the duties conferred upon it by this Code
and by the Council. After the Commission has prepared and
adopted a comprehensive plan, the Commission shall periodically
review the comprehensive plan, any ordinances and any capital
improvement program the Council has adopted to implement the
plan. After such review it shall, to the extent it deems
necessary, revise the comprehensive plan, adopt the amendments
or the new comprehensive plan, and recommend it to the Council
in accordance with law. Similarly, after such review, it shall
recommend to the Council any amendments it deems desirable to
the capital improvement program and any ordinance implementing
the plan.
214.06 - MEETINGS AND PROCEDURE
The Commission shall meet regularly on the fourth Tuesday of
each month. Special meetings may be held at any time upon the
call of the Chairperson. Notice of the time and place of a
special meeting shall be communicated to the members and
publicly noticed at least three (3) days prior to the meeting
except in the event of an emergency. A majority of the
Commission members shall constitute a quorum. All Commission
N:\\Public Bodies\\Boards\\By-Laws\\PCRULES.DOC
Planning Commission Rules and Procedures
Page 11
2/6/2017
meetings shall be open to the public. Except as provided
herein, the Commission shall be governed by and operate pursuant
to Robert’s Rules of Order as most recently revised.
N:\\Public Bodies\\Boards\\By-Laws\\PCRULES.DOC
Planning Commission Rules and Procedures
Page 12
2/6/2017
ADDENDUM B
OPEN MEETING LAW
Basic Requirements
The basic requirements and principles of the open meeting law
are as follow:
All meetings of the City Council and any committee,
subcommittee, board, department or commission thereof must be
open to the public.
Votes on any action taken at such a meeting must be recorded.
Written materials distributed or available to the
participants in such a meeting must be available for
inspection by the public.
Notice of any such meeting must be provided to the public,
including three days written notice of special meetings.
Penalties include:
$300 civil liability for each intentional violation of the
open meeting law;
Forfeiture of office for three or more intentional
violations.
Meetings
The open meeting law applies not only to official meetings of an
affected group, but to any gathering of a quorum or more of the
members of that group at which the members discuss, decide or
receive information on issues relating to official business.
For example, two members of a three member commission would be
in violation of the open meeting law if they discussed official
business at any time, even over the telephone. Likewise, a
quorum of any body would be in violation of the open meeting law
even if they were not discussing anything amongst themselves,
but were merely receiving information from a staff member of an
affected member of the public.
N:\\Public Bodies\\Boards\\By-Laws\\PCRULES.DOC