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Agenda, Item 7 ITEM 7.1. CITY OF ELK RIVER • REGULAR MEETING OF THE CITY COUNCIL AGENDA Tuesday, January 19, 1999 6 p.m. - Council Chambers ACTION ITEM NUMBER TAKEN 1. CALL MEETING TO ORDER AT 6 P.M. 6 P.M. 2. CONSIDER COUNCIL AGENDA A 5-0 *3. CONSIDER CONSENT AGENDA 3.1. January 11, 1999, Council Minutes A 5-0 3.2. Request by Phoenix Enterprises for Preliminary A 5-0 Plat Approval (Hillside 9th), Public Hearing Case No. P 98-5 (Postponed Indefinitely) 3.3. Request by Phoenix Enterprises for Rezoning A 5-0 (Hillside 9th), Public Hearing Case No. ZC 98-7 • (Postponed Indefinitely) 3.4. Request by Phoenix Enterprises for Conditional A 5-0 Use Permit for PUD (Hillside 9th), Public Hearing Case No. CU 98-21 (Postponed Indefinitely) 3.5. Request by Oppidan, Inc. for Amendment to PUD A 5-0 Agreement Regarding Signage, Public Hearing Case No. PA 98-1 (Postponed to 2/16/99) 3.6. Consider Attendance at National Conference for A 5-0 Finance Department (Lori Johnson) 3.7. Consider Out of State Conference Attendance for A 5-0 Economic Development Department (Paul Steinman) 3.8. Consider Application for Massage Therapist A 5-0 License by Carey Carlson 4. ADMINISTRATION 4.1. Northstar Corridor Update Res. 99-5 A 5-0 4.2. Boys & Girls Club Update Update 4.3. Presentation on 2001 Arts Alliance Postponed to 2/8/99 ID A 4-1 4.4. Consider Pay Equity Compliance Report A 5-0 4.5. Consider School Street Feasibility Study and Res. 99-6 Resolution Ordering the Improvement Project A 5-0 Public Hearing 4.6. Consider Acting Liquor Store Manager Update Recommendation 4.7. Utilities Commission Update Update 5. OPEN MIKE Stoffel • Reitsma 6. PLANNING 6.1. Request by Ann C. Wayman, Inc. for Conditional A 5-0 Use Permit for Therapeutic Massage, Public Hearing Case No. CU 98-28 6.1a. Request for License for Therapeutic A 5-0 Massage Establishment 6.2. Request by Richard Bury for Administrative A 4-1 Subdivision, Public Hearing Case No. AS 98-9 6.3. Request by LeFebvre Companies, Inc. for Postponed Rezoning, Public Hearing Case No. ZC 98-12 to 2/16/99 A 5-0 6.4. Request by LeFebvre Companies, Inc. for Postponed Preliminary Plat (Leon LeFebvre Second to 2/16/99 Addition), Public Hearing Case No. P 98-9 A 5-0 6.5. Request by LeFebvre Companies, Inc. for Postponed Easement Vacation, Public Hearing Case to 2/16/99 No. EV 98-8 A 5-0 6.6. Request by LeFebvre Companies, Inc. for Postponed Amendment to PUD Conditional Use Permit, to 2/16/99 Public Hearing Case No. CU 98-29 A 5-0 6.7. Request by Oakwood Development Co. for Final Res. 99-7 Plat Approval (Cherrywood Hills 2nd Addition.), A 5-0 Case No. P 99-1 6.8. Request by Associated Developers of the Twin Continued Cities, Inc. for Preliminary Plat (Elk River to 2/16/99 Crossing), Public Hearing Case No. P 98-8 A 5-0 6.9. Request by Associated Developers of the Twin Continued Cities, Inc. for Conditional Use Permit, Public to 2/16/99 Hearing Case No. CU 98-26 A 5-0 7. OTHER BUSINESS 7.1. Review 1/25/99 School/City Meeting Agenda Update 8. STAFF UPDATES None 9. ADJOURNMENT 8:05 P.M. CONSENT AGENDA ITEMS are considered to be routine and noncontroversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Councilmember,staff member,or citizen so requests,in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. "This agenda is available in alternate formats upon a 72 hour advanced notice. "Auxiliary aids and services are also available upon a 72 hour advanced notice. Please contact the City Clerk at 441-7420 (TDD 441-7420)to make a request. Examples of alternate formats may include:large print,Braille, audio tape,etc." Examples of auxiliary aids may include a sign language interpreter,assistive listening device,etc." • ELK RIVER PLANNING COMMISSION • RULES AND PROCEDURES • Planning Commission Rules and Procedures Page 2 1/13/99 III 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. 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 5 Section 6. Parliamentary Procedure 6 Section 7. Public Hearing Agenda 6 Section 8. Procedure for Public Hearings 6 II8.1 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 7 10.1 Voting 7 10.2 Conflict of Interest 8 Section 11. Orientation for New Members 8 Article IV. Education, Conference & Convention Policy. 8 Article V. Maintenance of Rules and Procedures: 9 • Planning Commission Rules and Procedures Page 3 1/13/99 • 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 1/13/99 • 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 Ill. 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. III Planning Commission Rules and Procedures Page 5 1/13/99 • 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. Planning Commission Rules and Procedures Page 6 1/13/99 • 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 IDand address to the recorder. Planning Commission Rules and Procedures Page 7 1/13/99 III 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 which shall eb established prior to opening of a hearing. Section 9. Communications with Public and Applicant 9.1 General The Commission shall comply with the requirement of the Minnesota Open Meeting IIILaw. 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 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 0 Planning Commission Rules and Procedures Page 8 1/13/99 III 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 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. • Planning Commission Rules and Procedures Page 9 1/13/99 • 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. III 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 January 30, 1995 January 13, 1996 January 13, 1997 a:\perules.doc 110