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5 • ELK RIVER PLANNING COMMISSION • RULES AND PROCEDURES • Planning Commission Rules and Procedures Page 2 12/29/98 • 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 6 411 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 Page 3 12/29/98 • 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. Planning Commission Rules and Procedures Page 4 12/29/98 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 • Planning Commission Rules and Procedures Page 5 12/29/98 • 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. • Planning Commission Rules and Procedures Page 6 12/29/98 IP 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. 1111 Planning Commission Rules and Procedures Page 7 12/29/98 • 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 theP ublic 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 Planning Commission Rules and Procedures Page 8 12/29/98 • 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 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. • Planning Commission Rules and Procedures Page 9 12/29/98 • 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. 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 • a:\perules.doc • To: Elk River Planning Commissioners From: Tom Mesich Subject: Possible changes to the ERPC Rules and Procedures Tuesday, January 05, 1999 1. Strike Article III. 2. Change Section 3. Add the sentence"It is the normal practice of the Planning Commission to infrequently have `Mobile Workshops'that involve begin transported to different venues in the area. At these workshops it will be very difficult to accommodate the public." 3. Add number 10 to 8.2. The Chair has the right to limit discussion of an item to certain time limit if necessary. •