6 ITEM #6
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
1 .
214 . 02 - MEMBERS AND TERM
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 meeting of the year for terms of three
( 3) years . A vacancy shall be filled by the City Council for
the remainder of the term. 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
SThe 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
2 . 22
Commission members shall constitute a quorum. All Commission
meetings shall be open to the public. Except as provided
�I herein, the Commission shall be governed by and operate
pursuant to Roberts Rules of Order as most recently revised.
SECTION 216 - PARK AND RECREATION COMMISSION
216 . 00 - ABOLITION OF PARK BOARD AND RECREATION BOARD
The Park Board and Recreation Board in and for the City of Elk
River heretofore established pursuant to the provisions of
Minnesota Statutes, Section 412 .501 to 412 . 531, is hereby
abolished.
216 . 02 - ESTABLISHMENT OF PARK AND RECREATION COMMISSION
A City Park and Recreation Commission for the City of Elk River
is hereby established. This Park and Recreation Commission is
established pursuant to the authority given by the Minnesota
Statutes Section 412 .
216 . 04 - PURPOSE OF COMMISSION
The Park and Recreation Commission is established to review and
to make recommendations to the City Council on the development
and organization of the City parks and City recreation
programs . The scope of the Commission shall consist of
advising the City Council regarding matters relevant to the
parks and recreation functions of the City. The Commission
shall participate in the planning for development and
acquisition of parks and recreation programs .
216 . 06 - MEMBERSHIP AND TERMS
The Park and Recreation Commission shall consist of eight ( 8 )
members appointed by the City Council for terms of three ( 3)
years each. The terms of the members shall be staggered so
that no more than three (3) terms of office shall expire at one
time . The last day for the term of office shall expire at one
time . The last day for the term of office of each member shall
be December 31, however, all members may continue service until
either reappointed or replaced by the City Council . All
appointments shall be made by the City Council and a vacancy
shall be filled by the City Council for the remainder of the
term. Officers of the Park and Recreation Commission shall
consist of Chair, Vice Chair and Secretary. The Chair shall
preside at all meetings of the Commission if present, and
• perform all other duties and functions assigned by the
Commission or the City Council . The Vice Chair shall perform
these duties in absence of the Chair. If a vacancy occurs in
2 . 23
• ANNUAL MEETING OF THE ELK RIVER PLANNING COMMISSION
HELD AT ELK RIVER CITY HALL
SATURDAY, JANUARY 13, 1996
Members Present: Chair Kuester, Commissioners Minton, Thompson,
Tacheny, Sullivan-Slocum, Dillon and Anderson
Members Absent: None
Staff Present : Steven B . Ach, City Planner
Pursuant to due call and notice thereof , the meeting of the Elk
River Planning Commission was called to order at 8 : 30 a.m. by Chair
Kuester.
The agenda was reviewed and approved by consensus .
By a unanimous vote, Commissioner Dillon was elected Chair and
Commissioner Thompson was elected Vice Chair.
The Planning Commission reviewed the rules and procedures and made
the following changes :
Article II , Section 3 , C
Si . 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 .
4 . All Commissioners shall endeavor to be present at all
Planning Commission meetings and hearings .
Article IV, Section 5
5 . 2 City Staff and the 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 . 4 (Delete this section)
Section 6
Meetings of the Elk River Planning Commission shall be
conducted using Robert' s Rules of Order, as most recently
revised.
Section 9
9 . 2 If a Commissioner 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.
• Section 11
(Delete this whole section)
Section 12
III (Renumber to Section 11 . )
Article V
2 . Attendance at educational meetings , conferences and
conventions is voluntary. Planning Commission members are
encouraged to attend educational meetings, conferences and
conventions .
9 . Attendance at a State Conference is recommended before
attending a National Conference.
1995 goals and objectives were discussed, and 1996 goals and
workshop topics were set.
1995 goals met were as follows :
1 . Comprehensive Plan has been nearly completed.
2 . Goals for public communications were met, including the
addition of meeting packets the meeting agendas which are made
available for the public during a public meeting for reference,
the use of a telephone comment line to collect public opinion
regarding the Comprehensive Plan updating, and attendance of
Commissioner Kreger at Park and Recreation Commission meetings .
3 . Commissioners Thompson and Dillon attended the National
Conference.
4 . Commissioners Kuester, Minton, Thompson and Sullivan- Slocum
• attended the State Conference.
5 . Commissioners Kuester, Minton, Thompson, Kreger and Sullivan-
Slocum attended the Regional Planning Conference.
6 . Annual joint meetings were held with both the City Council
and the Park and Recreation Commission.
1995 goals not met were:
Review of ordinances for firearms (though firearms were
addressed as home occupations) and C- 3 zoning.
The following 1996 goals were set :
1 . Complete the final portion of the Comprehensive Plan and
begin implementation as a whole, including rezoning and
ordinance amendment changes .
2 . Continue to pursue public relation activities by making
available at public meetings, a set of the protocol and
procedures for public meetings from the Elk River Planning
Commission Rules & Procedures .
3 . Meet with both the City Council and the Park and Recreation
Commission in a workshop format, for the purpose of reviewing
joint goals and objectives .
4 . Obtain a prioritized list from our joint meeting with the
City Council , of items they wish us to review. The list should
include the retail sale of firearms and C- 3 zoning issues
previously set as a 1995 goal .
• 5 . Participate in the planning and execution of the 1996
Regional Planning Conference.
6 . Continue to promote Commissioner training.
The following are 1996 planned workshop topics :
�• 1 . Develop meeting questions for the Mayor and City Council
members to be addressed in our annual joint meeting with them.
Topics to include the taping quality of cable broadcasts of
public meetings .
2 . Review the issue of wetlands and the current legal policy for
same.
3 . Develop topics to be addressed at our joint meeting with the
Park and Recreation Commission.
4 . Plan a mobile workshop .
5 . Address the topic of Downtown.
6 . Address the topic of zoning along east Highway 10 .
The Draft Transportation Plan was reviewed by Terry Maurer and
February 15, 1996 was set as a date for the public hearing
regarding it.
Commissioner Minton moved to adjourn and Commissioner Sullivan-
Slocum seconded. The motion was carried.
The meeting adjourned at 12 : 00 noon.
Respectfully submitted,
• Commissioner Thompson
Vice Chair
•
• SPECIAL MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, FEBRUARY 19, 1996
Members Present: Mayor Duitsman, Councilmembers Dietz, Scheel, Farber, and
Holmgren
Members Absent: None
Staff Present: Pat Klaers, City Administrator, Terry Maurer, City Engineer; Steve
Ach, City Planner; Peter Beck, City Attorney; Lori Johnson, Assistant
City Administrator
1. Call Meeting 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.
2. Joint Meetina with the Plannina Commission4K
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
Manaaement 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 prior 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 bcsed on the belief that if this residential
• development pattern took place then utilities would never be extended into
that area or beyond.
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Special City Council Meeting Page 2
February 19, 1996
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• 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 prior to utilities being available.
Discussion of the four Chamber suggestions related to commercial/industrial
(C/I) uses took place...the 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
0 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 concern 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 Dietz 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 hearing 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 cur,ently 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 Page 3
February 19, 1996
that it would review this area and the request from Mr. Duggan at its next
• meeting.
3. Discussion on Capital Improvement Program
The CIP meeting began at approximately 6:30 p.m. The City Administrator
provided an overview of the agenda and noted that the last CIP 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 Report 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.
COUNCILMEMBER 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. COUNCILMEMBER DIETZ SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
COUNCILMEMBER HOLMGREN MOVED TO OBTAIN A QUOTE FOR ARCHITECTURAL
S SERVICES FROM THE TUSHIE MONTGOMERY ASSOCIATES, INC. ARCHITECTURAL
FIRM FOR SERVICES FOR A NEW NORTHBOUND LIQUOR STORE PROJEC,.
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. COUNCILMEMBER 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. COUNCILMEMBER FARBER
SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Scheel
opposed.
Western Area Surface Water Management 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
111 Eastern Elk River Public Improvement Project-The City Administrator briefly
reviewed the memo on east Trunk Highway 10 aerial topography and ground