Item 5 ITEM 5
•
ELK RIVER
PLANNING
COMMISSION
•
RULES AND
PROCEDURES
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Planning Commission Rules and Procedures
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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
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SArticle 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
4111 1. Preside at all meetings of the Commission.
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III2. 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.
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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 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
IIITo 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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• 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
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