Item 3 / --\(
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Item # 3.
ityylk of �
River MEMORANDUM
TO: The Planning Commission
FROM: Stephen Wensman, Planner/7
DATE: August 8, 2000
SUBJECT: Beaudry Oil Company Request for an Amendment to
Conditional Use Permit, Public Hearing Case No. CU
00-25
THIS ITEM HAS BEEN POSTPONED BECAUSE THE APPLICANT
HAS NOT SUBMITTED REVISED PLANS AND THERE HAS BEEN NO
REVIEW BY STAFF.
•
•
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD & Phone: (612) 441-7420 • Fax: (612) 441-7425
--fir
\ .
Item # 3
ity of AkRiver MEMORANDUM
TO: The Planning Commission
FROM: Stephen Wensman, Planner 0
DATE: August 8, 2000
SUBJECT: Beaudry Oil Company Request for an Amendment to
Conditional Use Permit, Public Hearing Case No. CU
00-25
Request
Beaudry Oil requests the approval of a conditional use permit to amend the
• existing conditional use permit, Case No. CU 97-24, condition; requiring the
curb, gutter and landscaping of the Highway 10 frontage of the Lowell Avenue
gas station /convenience store / car wash.
Location
335 Lowell Street; Lot 3, Block 23, Village of Elk River, Sherburne County,
Minnesota (southwest corner of Highway 10 and Lowell Street).
Zoning/Land Use
C3 (Highway Commercial) / HB (Highway Business)
Attachments
• Location Map
• Amended Site Plan,
• Recommended 1997 Landscape Plan
• Radius Study, 2000
• Conditional Use Permit, CU 97-24
III
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD & Phone: (612) 441-7420 • Fax: (612) 441-7425
Memo to the Planning Commission/CU 00-25
August 8,2000
Page 2
Overview
• On July 25, 2000, the Planning Commission held a public hearing then
continued this item to tonight's workshop in order to provide the applicant
time to submit appropriate site plans.
On September 30, 1997, the City Council approved a request for a conditional
use permit to remodel the gas /convenience store /carwash at 335 Lowell
Street, then called Beaudry Oil. At that time, the issues raised by the
expansion included parking, pedestrian safety and traffic circulation and
landscaping. In particular, there is no green space between the road surface
and the building facade and no separation between the sidewalk and driveway.
As part of the approval, Staff had prepared a recommended landscape and
curbing plan for the Highway 10 frontage. The plan recommended removing
some paving and adding some curbing and landscaping between the existing
sidewalk and the building to provide greater safety and buffer for pedestrians,
and to beautify the road frontage. The landscaping and curbing was never
installed due to resistance from the MNDoT and because Beaudry Oil was
concerned that the landscape strip restricted vehicular access and visibility.
In early 1999, staff again approached Beaudry Oil about the conditional use
III permit requirements for landscaping and curbing. The City Engineer studied
the access issues and provided a radius study to show that there was adequate
access into the carwash with the requested landscaping and curbing. The
curbing and landscape plan prepared by staff is still unacceptable to Beaudry
Oil, and they have prepared a revised curbing and landscape plan for the
Commission and Council approval.
In early 2000, the MNDoT returned most of the right-of-way between the
sidewalk and the building (the area to be landscaped) back over to Beaudry Oil
Company.
Conditional Use Permit Case No. CU 97-24
As part of the conditional use permit, required parking was to be obtained
through an agreement with Cretex. No copy of that agreement has been
found in the City files.
•
\\elkriver\sys\shrdoc\planning\stevewen\pcmmo\cu00-25.doc
Memo to the Planning Commission/CU 00-25
August 8,2000
Page 3
Analysis
•
Landscaping
p g
Staff contends that a few shade trees will enhance the view to carwash bays
and the signs and will not block them. Shade trees will be small when planted
and can be pruned up out of the view line as they grow-up. The Beaudry Oil
on Proctor Avenue has many trees along the street and in front of the store as
is required of all new projects in the City and the visibility is great. To
maintain a healthy landscaping, the planting area with trees should be a
minimum of 4 feet wide to accommodate a mature trunk and vehicle
overhangs. For shrubs only, the planting area width should be no less than 2
feet wide to accommodate a pruned mature 3-4 foot tall shrub. The applicant
has proposed a planting area of 18". Shrub plantings along the sidewalk
should be maintained at a 3-4 foot height to provide a comfortable pedestrian
separation. The Spirea proposed for the front planting area only grows to a
mature height of 2 feet and are salt sensitive. All species chosen should be salt
tolerant.
More suitable shrubs to replace the Dogwood and Spirea include:
• Fragrant Sumac
• Rugosa Rose
• • Snowberry
The crab apples proposed for the front of the store are a large variety that will
obscure the canopy and will interfere with the carwash entrances. More
suitably sized trees include:
• Pink Spires Crab
• Lancelot Crab
• Red Jewel Crab
• Serviceberry (tree form)
• Nannyberry Viburnum (tree form)
The Hackberry proposed for the front of the building near the convenience
store could be substituted with a more columnar tree such as the following:
• Ginkgo
• Prairie Spire Ash
• Autumn Spire Red Maple
• Green Column Maple
•
\\elkriver\sys\shrdoc\planning\stevewen\pcmmo\cu00-25.doc
Memo to the Planning Commission/CU 00-25
August 8,2000
Page 4
Access Issues
• The City Engineer completed a radius study to determine that the curbing
with a 4 foot planting area would not restrict access into the westerly carwash.
On August 7, Staff met with the applicant on site to determine that if there
was adequate access to the westerly carwash in a worse case scenario; two pick
up trucks stacked at each car wash and two trucks with trailers stacked at the
westerly carwash. Staff was unable to determine whether there was adequate
or inadequate access under a worse case scenario. Staff asked the applicant to
provide a drawing with stacking lanes and vehicles with required turning
radiuses to assist the Commissions in their review. The applicant will have
the additional drawing and a videotape for the Commission to review.
Recommendation
Staff recommends that the Planning Commission make a recommendation to
the City Council to either approve or deny the applicants request for a
conditional use permit to amend the curb, gutter and landscape plan.
Should the Commission wish to approve the request, staff recommends the
following conditions:
• 1. THAT THE PLANTINGS BE COMPRISED OF SALT TOLERANT PLANTS
APPROVED BY STAFF.
2. THAT THE PLANTING AREA BE A MINIMUM OF 2 FEET IN WIDTH FOR
SHRUBS OR 4 FEET TO ACCOMMODATE TREES.
•
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'98 FEB Li PH 3 28
161
STATE OF MINNESOTA CITY OF ELK RIVER CITY COUNCIL
COUNTY OF SHERBURNE CONDITIONAL USE PROCEEDINGS
CITY OF ELK RIVER
In the matter of: Beaudry Oil Company
Request: Conditional Use Permit to expand gas station/convenience store
(Case No. CU 97Y4
ORDER GRANTING
• CONDITIONAL USE
Beaudry Oil and Services, Owner
The above entitled matter came to be heard before the City Council on the 20th
day of October, 1997, on a petition for a Conditional Use pursuant to the City of Elk River
Zoning Ordinance, for the following described property:
Except the South 80 fet and except the Highway, Lot 3, Block 23, Village of Elk
River, Sherburne County, Minnesota
IT IS ORDERED that a Conditional Use be granted as upon the following conditions or
reasons:
1. FOUR COMPLETE SETS OF PLANS BE SUBMITTED TO STAFF FOR REVIEW AND
APPROVAL PRIOR TO ISSUANCE OF A BUILDING PERMIT.
2. CURB, GUTTER AND LANDSCAPE IMPROVEMENTS AS NEGOTIATED WITH STAFF BE
INCORPORATED INTO ANY PLANS FOR SITE IMPROVEMENTS.
3. MN/DOT MUST APPROVE ANY SITE PLANS INVOLVING WORK WITHIN THE HIGHWAY
10 RIGHT OF WAY.
4. REQUIRED PARKING BE PROVIDED THROUGH AGREEMENT WITH CRETEX.
• 5. A TRASH ENCLOSURE BE PROVIDED AND BE CONSTRUCTED OF MATERIALS TO MATCH
THE BUILDING.
STATE OF MINNESOTA )
• )
COUNTY OF SHERBURNE ) ss. OFFICE OF CITY PLANNING AND ZONING
CITY OF ELK RIVER ) CITY OF ELK RIVER
I, Steven B. Ach, City Planner for the City of Elk River with and in for
said City, do hereby certify that I have compared the foregoing copy and
Order granting a Conditional Use with the original record thereof
preserved in my office, and have found the same to be a true transcript of
the whole thereof.
If the proposed work described in a conditional use permit has not
been substantially completed within two (2) years after its date of
issuance, the permit shall expire and become void except that the
Council may, following recommendations of the Planning Commission,
extend the permit for an additional period determined by the council on
the receipt of a request for a permit extension prior to its expiration. A
Conditional Use permit authorizes only the use specified in the permit and
shall expire if, for any reason, the authorized use ceases for more than one
• (1 ) year.
Steven B. Ach, City Planner
IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at Elk
River, Minnesota, in the County of Sherburne, in the City of Elk River, on the
9'K day of %N.I? , 19 qi
DRAFTED BY:
• City of Elk River Signed before me a NOTARY PUBLIC
Elk River, Minnesota 55330 this -0f7- day of( i 7 , 19 97
I
DEBDR„i I; i ;: E�KNER �� /';(141�
,: -•� NOTAfY .Ic-NrizKoTA "07-fel f� y�
eJ
• UV comws:Jc..;Wdw� 1.31-00
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Page 1 of 1
••
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ity of
Ak Ri
MEMORANDUM
TO: Planning Commission
FROM: Michele McPherso hector of Planning
DATE: August 3, 2000
SUBJECT: Ethics
Commissioner Baker requested that the Planning Commission spend time
discussing a code of ethics and possible adoption of a Planning Commissioner's
Creed. Attached please find information Commissioner Baker brought back from
the National Convention in regards to ethics. Please be prepared to discuss this
issue during the workshop session.
•
•
S:\PLANNING\MICHMC\PLREPRTS\ethics.doc
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD & Phone: (612) 441-7420 • Fax: (612) 441-7425
ityof �
1k River
MEMORANDUM
TO: Planning Commission
FROM: Michele McPhersoYl""Director of Planning
DATE: August 3, 2000
SUBJECT: State Planning Conference-September 20-22, 2000
Attached please find summary information regarding the Midwest Regional
Planning Conference to be held Wednesday, September 20th through Friday,
September 22nd in Duluth, Minnesota. There is a special all day workshop on
Wednesday, September 20th, entitled "Building and Sustaining Community
Character" (summary sheet attached). Also attached is the "Schedule at a
Glance", outlining the various sessions available to commissioners who may be
interested in attending.
• If you are interested in attending, we will copy an entire schedule for you. Please
let us know if you would like to attend the State Planning Conference.
•
S:\PLANNING\M ICHMC\M EMOS\STATEPLN.DOC
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD & Phone: (612) 441-7420 • Fax: (612) 441-7425
11.11111111111114
• This statement is a guide to ethical 'PIM.. ' �, - nity to have a meaningful role in the
conduct for all who participate in the development of plans and programs;
process of planning as advisors, advo-
cates, and decision makers. It presents hilliall-Mll 3. strive to expand choice and opportu-
a set of principles to be held in common ., . . --. nity for all persons,recognizing a spe-
by certified planners, other practicing cial responsibility to plan for the needs
planners, appointed and elected offi- • of disadvantaged groups and persons;
cials, and others who participate in the .._.. .. ,...�.-M 1------------- 4. assist in the clarification of community
process of planning. , . ` jt.'-'1--4'-
planning process exists to serve . (PitiV'T1*t' j�1 i'\ 1 4. goals,objectives,and policies in plan-
Themaking;
the public interest.While the public in-
terest is a question of continuous de- 5. ensure that reports, records, and any
bate,both in its general principles and in . other non-confidential information
its case-by-case applications,it requires a conscientiously • which is or will be,available to decision makers is
held view of the policies and actions that best serve the • made available to the public in a convenient format
entire community.Section A presents what we hold to be : and sufficiently in advance of any decision;
necessary elements in such a view. 6. strive to protect the integrity of the natural envi-
Planning issues commonly involve a conflict of values ronment and the heritage of the built environment;
and,often,there are large private interests at stake.These •
accentuate the necessity for the highest standards of ' 7. pay special attention to the interrelatedness of
fairness and honesty among all participants. Section B • decisions and the long-range consequences of
presents specific standards. present actions.
Those who practice planning need to adhere to a special •
set of ethical requirements that must guide all who aspire • B. Planning process participants continuously strive to
to professionalism.These are presented in Section C. : achieve high standards of integrity and proficiency so that
Section D is the translation of the principles above into • public respect for the planning process will be maintained.
the AICP Code of Ethics and Professional Conduct. The • Planning Process Participants should:
Code is formally subscribed to by each certified planner.It •
• includes an enforcement procedure that is administered 1. exercise fair honest and independent judgment in
by AICP.The Code,however,provides for more than the their roles as decision makers and advisors;
minimum threshold of enforceable acceptability. It also . 2. make public disclosure of all "personal interests"
sets aspirational standards that require conscious striving • they may have regarding any decision to be made in
to attain. the planning process in which they serve, or are
The ethical principles derive both from the general : requested to serve as advisor or decision maker(see
values of society and from the planner's special respon- . also Advisory Ruling Number 2, "Conflicts of In-
sibility to serve the public interest. As the basic values • terest When a Public Planner Has a Stake in Private
of society are often in competition with each other, so • Development"under Section D);
do these principles sometimes compete. For example, •
the need to provide full public information may corn- • 3. define "personal interest" broadly to include any
pete with the need to respect confidences. Plans and . actual or potential benefits or advantages that they,
programs often result from a balancing among divergent • a spouse, family member or person living in their
interests. An ethical judgment often also requires a • household might directly or indirectly obtain from
conscientious balancing,based on the facts and context : a planning decision;
of a particular situation and on the entire set of ethical
principles. • 4. abstain completely from direct or indirect partici-
This statement also aims to inform the public gener- • pation as an advisor or decision maker in any
ally.It is also the basis for continuing systematic discus- • matter in which they have a personal interest,and
sion of the application of its principles that is itself leave any chamber in which such a matter is under
essential behavior to give them daily meaning. : deliberation,unless their personal interest has been
• made a matter of public record; their employer, if
A. The planning process must continuously pursue and • any, has given approval; and the public official,
faithfully serve the public interest. public agency or court with jurisdiction to rule on
• ethics matters has expressly authorized their par-
Planning Process Participants should: • ticipation;
1. recognize the rights of citizens to participate in 5. seek no gifts or favors,nor offer any,under circum-
planning decisions; stances in which it might reasonably be inferred
• 2. strive to give citizens(including those who lack for that the gifts or favors were intended or expected to
mal organization or influence)full, clear and accu- • influence a participant's objectivity as an advisor or
rate information on planning issues and the opportu- • decision maker in the planning process;
1
6. not participate as an advisor or decision maker on • profession leads to greater public respect for the planning •
any plan or project in which they have previously ' process and thus serves the public interest. •
participated as an advocate; • APA Members who are practicing planners:
•
7. serve as advocates only when the client's objec- ••• 1. strive to achieve high standards of professionalism,
tives are legal and consistent with the public including certification, integrity, knowledge, and
interest; • professional development consistent with the AICP
8. not participate as an advocate on any aspect of a . Code of Ethics;
plan or program on which they have previously • 2. do not commit a deliberately wrongful act which
served as advisor or decision maker unless their • reflects adversely on planning as a profession or
role as advocate is authorized by applicable law, seek business by stating or implying that they are
agency regulation, or ruling of an ethics officer or . prepared, willing or able to influence decisions by
agency;such participation as an advocate should be • improper means;
allowed only after prior disclosure to,and approval •
by, their affected client or employer; under no • 3. participate in continuing professional education;
circumstance should such participation commence • 4. contribute time and effort to groups lacking ad-
earlier than one year following termination of the . equate planning resources and to voluntary profes-
role as advisor or decision maker; • sional activities;
•
9. not use confidential information acquired in the . 5. accurately represent their qualifications to practice
course of their duties to further a personal interest; • planning as well as their education and affiliations;
•
10. not disclose confidential information acquired in • 6. accurately represent the qualifications,views, and
the course of their duties except when required by • findings of colleagues;
law, to prevent a clear violation of law or to 7. treat fairly and comment responsibly on the profes-
prevent substantial injury to third persons; pro • sional views of colleagues and members of other
vided that disclosure in the latter two situations professions;
may not be made until after verification of the •
facts and issues involved and consultation with • 8. share the results of experience and research which
other planning process participants to obtain their : contribute to the body of planning knowledge;
separate opinions; • 9. examine the applicability of planning theories,meth- .
11. not misrepresent facts or distort information for ; ods and standards to the facts and analysis of each
the purpose of achieving a desired outcome (see . particular situation and do not accept the applica-
also Advisory Ruling Number 4: "Honesty in the • bility of a customary solution without first estab-
Use of Information"under Section D); • lishing its appropriateness to the situation;
•
12. not participate in any matter unless adequately • 10. contribute time and information to the develop-
prepared and sufficiently capacitated to render thor- • ment of students, interns, beginning practitioners
ough and diligent service; and other colleagues;
•
13. respect the rights of all persons and not improperly •
11. strive to increase the opportunities for women and
discriminate against or harass others based on char- members of recognized minorities to become pro
acteristics which are protected under civil rights • fessional planners;
laws and regulations (see also Advisory Ruling • 12. systematically and critically analyze ethical issues
Number 1:"Sexual Harassment"). in the practice of planning.(See also Advisory Rul-
•
ing Number 3: "Outside Employment or Moon-
C. APA members who are practicing planners continu- • lighting").
ously pursue improvement in their planning competence •
as well as in the development of peers and aspiring plan- ' Section D consists of the AICP Code of Ethics and Profes-
ners.They recognize that enhancement of planning as a • sional Conduct,Advisory Rulings,and Procedures.
•
2
• 6. not participate as an advisor or decision maker on • profession leads to greater public respect for the planning •
any plan or project in which they have previously • process and thus serves the public interest.
participated as an advocate; • APA Members who are practicing planners:
7. serve as advocates only when the client's objec- : 1. strive to achieve high standards of professionalism,
tives are legal and consistent with the public including certification, integrity, knowledge, and
interest; • professional development consistent with the AICP
8. not participate as an advocate on any aspect of a . Code of Ethics;
plan or program on which they have previously • 2. do not commit a deliberately wrongful act which
served as advisor or decision maker unless their • reflects adversely on planning as a profession or
role as advocate is authorized by applicable law, seek business by stating or implying that they are
agency regulation, or ruling of an ethics officer or . prepared, willing or able to influence decisions by
agency;such participation as an advocate should be • improper means;
allowed only after prior disclosure to,and approval •
by, their affected client or employer; under no • 3. participate in continuing professional education;
circumstance should such participation commence • 4. contribute time and effort to groups lacking ad-
earlier than one year following termination of the . equate planning resources and to voluntary profes-
role as advisor or decision maker; • sional activities;
9. not use confidential information acquired in the . S. accurately represent their qualifications to practice
course of their duties to further a personal interest; • planning as well as their education and affiliations;
•
10. not disclose confidential information acquired in . 6. accurately represent the qualifications,views,and
the course of their duties except when required by • findings of colleagues;
law, to prevent a clear violation of law or to 7. treat fairly and comment responsibly on the profes-
prevent substantial injury to third persons; pro sional views of colleagues and members of other
vided that disclosure in the latter two situations professions;
may not be made until after verification of the •
facts and issues involved and consultation with • 8. share the results of experience and research which
• other planning process participants to obtain their contribute to the body of planning knowledge;
separate opinions; ▪ 9. examine the applicability of planning theories,meth-
11. not misrepresent facts or distort information for ; ods and standards to the facts and analysis of each
the purpose of achieving a desired outcome (see . particular situation and do not accept the applica-
also Advisory Ruling Number 4: "Honesty in the • bility of a customary solution without first estab-
Use of Information"under Section D); lishing its appropriateness to the situation;
12. not participate in any matter unless adequately •▪ 10. contribute time and information to the develop-
prepared and sufficiently capacitated to render thor- : ment of students, interns, beginning practitioners
ough and diligent service; and other colleagues;
13. respect the rights of all persons and not improperly 11. strive to increase the opportunities for women and
discriminate against or harass others based on char- members of recognized minorities to become pro
acteristics which are protected under civil rights • fessional planners;
laws and regulations (see also Advisory Ruling • 12. systematically and critically analyze ethical issues
Number 1: "Sexual Harassment"). in the practice of planning.(See also Advisory Rul-
ing Number 3: "Outside Employment or Moon-
C. APA members who are practicing planners continu- . lighting").
ously pursue improvement in their planning competence •
as well as in the development of peers and aspiring plan- • Section D consists of the AICP Code of Ethics and Profes-
ners.They recognize that enhancement of planning as a • sional Conduct,Advisory Rulings,and Procedures.
•
2
. ...._..,..... .
Am.
• This Code is aguide to the ethical con- E1�
6) A planner must strive to protect the
duct required of members of the Ameri- integrity of the natural environment.
can Institute of Certified Planners. The
. Code also aims at informing the public •
7) A planner must strive for excellence
of the principles to which professional of environmental design and endeavor
planners are committed. Systematic dis COto conserve the heritage of the built
cussion of the application of these prin- environment.
ciples, among lanners and with the ... ` ► 01,0)$.1,111-0-0 The Planner's Responsibility to Clients
public,is itself essential behavior to bring ,
the Code into daily use. } �!'� and Employers
The Codes standards of behavior pro- ', i/04(Il; i'F : .'- B. Aplanner owes diligent,creative,� g
in-
vide a basis for adjudicating any charge dependent and competent performance
that a member has acted unethically. of work in pursuit of the client's or
However, the Code also provides more than the mini- • employer's interest. Such performance should be consis-
mum threshold of enforceable acceptability. It sets • tent with the planner's faithful service to the public
aspirational standards that require conscious striving to ; interest.
attain. .
The principles of the Code derive both from the general • 1) A planner must exercise independent professional
values of society and from the planning profession's spe- • judgment on behalf of clients and employers.
cial responsibility to serve the public interest.As the basic •
values of society are often in competition with each other, . 2) A planner must accept the decisions of a client or
so also do the principles of this Code sometimes compete. . employer concerning the objectives and nature of
For example, the need to provide full public information • the professional services to be performed unless
may compete with the need to respect confidences. Plans • the course of action to be pursued involves con.-
and programs often result from a balancing among diver- : duct which is illegal or inconsistent with the
gent interests. An ethical judgment often also requires a , planner's primary obligation to the public interest.
conscientious balancing,based on the facts and context of 3) A planner shall not perform work if there is an
a particular situation and on the precepts of the entire •
• Code.Formal procedures for filing of complaints,investi- • actual, apparent, or reasonably foreseeable con-
gation and resolution of alleged violations and the issu- flict of interest, direct or indirect, or an appear-
gation
of advisory rulings are part of the Code. ance of impropriety,without full written disclosure
concerning work for current or past clients and
•
subsequent written consent by the current client
The Planner's Responsibility to the Public •
. or employer. A planner shall remove himself or
A. A planner's primary obligation is to serve the public . herself from a project if there is any direct per-
interest. While the definition of the public interest is • sonal or financial gain including gains to family
formulated through continuous debate, a planner owes • members. A planner shall not disclose informa-
allegiance to a conscientiously attained concept of the •• tion gained in the course of public activity for a
public interest,which requires these special obligations: private benefit unless the information would be
I) A planner must have special concern for the long offered impartially to any person.
range consequences of present actions. • 4) A planner who has previously worked for a public
2) A planner must pay special attention to the inter- , planning body should not represent a private cli-
relatedness of decisions. • ent, for one year after the planner's last date of
• employment with the planning body, in connec-
3) A planner must strive to provide full, clear and • tion with any matter before that body that the
accurate information on planning issues to citizens • planner may have influenced before leaving public
and governmental decision makers. • employment.
•
4) A planner must strive to give citizens the opportu- • 5) A planner must not solicit prospective clients or
nity to have a meaningful impact on the develop- • employment through use of false or misleading
ment of plans and programs. Participation should . claims,harassment or duress.
be broad enough to include people who lack formal •
organization or influence. • 6) A planner must not sell or offer to sell services by
• stating or implying an ability to influence deci-
5) A planner must strive to expand choice and oppor- • sions by improper means.
tunity for all persons,recognizing a special respon-
• sibility to plan for the needs of disadvantaged groups 7) A planner must not use the power of any office to
and persons, and must urge the alteration of poli- • seek or obtain a special advantage that is not in the
cies,institutions and decisions which oppose such • public interest nor any special advantage that is
needs. not a matter of public knowledge.
3
8) A planner must not accept or continue to perform • research which contribute to the body of planning
work beyond the planner's professional compe- • knowledge. •
tence or accept work which cannot be performed
with the promptness required by the prospective . 5) A planner must examine the applicability of plan-
client or employer, or which is required by the • ning theories, methods and standards to the facts
circumstances of the assignment. • and analysis of each particular situation and must
• not accept the applicability of a customary solu-
9) A planner must not reveal information gained in a • tion without first establishing its appropriateness
• professional relationship which the client or em- : to the situation.
ployer has requested be held inviolate.Exceptions
to this requirement of non-disclosure may be made • 6) A planner must contribute time and information
only when (a) required by process of law, or (b) • to the professional development of students, in-
required to prevent a clear violation of law, or(c) . tems,beginning professionals and other colleagues.
required to prevent a substantial injury to the • 7) A planner must strive to increase the opportuni-
public. Disclosure pursuant to(b)and(c)must not . ties for women and members of recognized mi-
be made until after the planner has verified the • norities to become professional planners.
facts and issues involved and, when practicable, •
has exhausted efforts to obtain reconsiderations of ' 8) A planner shall not commit an act of sexual
the matter and has sought separate opinions on the , harassment.
issue from other qualified professionals employed •
by the client or employer. • The Planner's Self-Responsibility
• D. A planner should strive for high standards of profes-
The Planner's Responsibility to the Profession , sional integrity,proficiency and knowledge.
and to Colleagues •
1) A planner must not commit a deliberately wrong-
C. A planner should contribute to the development of the • ful act which reflects adversely on the planner's
profession by improving knowledge and techniques,mak- • professional fitness.
ing work relevant to solutions of community problems, •
and increasing public understanding of planning activi- • 2) A planner must respect the rights of others and,in
ties. A planner should treat fairly the professional views • particular,must not improperly discriminate against
of qualified colleagues and members of other professions. . persons. •
•
1) A planner must protect and enhance the integrity • 3) A planner must strive to continue professional
of the profession and must be responsible in criti- • education.
cism of the profession. • 4) A planner must accurately represent professional
2) A planner must accurately represent the qualifica- • qualifications,education and affiliations.
tions,views and findings of colleagues. • 5) A planner must systematically and critically ana-
3) A planner who reviews the work of other profes- •. lyze ethical issues in the practice of planning.
sionals must do so in a fair, considerate, profes- 6) A planner must strive to contribute time and effort
sional and equitable manner. •
to groups lacking in adequate planning resources
4) A planner must share the results of experience and . and to voluntary professional activities.
•
4
8) A planner must not accept or continue to perform • research which contribute to the body of planning ,
• work beyond the planner's professional compe- • knowledge.
tence or accept work which cannot be performed
with the promptness required by the prospective .▪ 5) A planner must examine the applicability of plan-
client or employer, or which is required by the • ning theories, methods and standards to the facts
circumstances of the assignment. • and analysis of each particular situation and must
• not accept the applicability of a customary solu-
9) A planner must not reveal information gained in a • tion without first establishing its appropriateness
professional relationship which the client or em- ; to the situation.
ployer has requested be held inviolate.Exceptions .
to this requirement of non-disclosure may be made • 6) A planner must contribute time and information
only when (a) required by process of law, or (b) • to the professional development of students, in-
required to prevent a clear violation of law, or(c) • terns,beginning professionals and other colleagues.
required to prevent a substantial injury to the • 7) A planner must strive to increase the opportuni-
public. Disclosure pursuant to(b)and(c)must not . ties for women and members of recognized mi-
be made until after the planner has verified the • norities to become professional planners.
facts and issues involved and, when practicable, •
has exhausted efforts to obtain reconsiderations of • 8) A planner shall not commit an act of sexual
the matter and has sought separate opinions on the ; harassment.
issue from other qualified professionals employed •
by the client or employer. • The Planner's Self-Responsibility
• D. A planner should strive for high standards of profes-
The Planner's Responsibility to the Profession , sional integrity,proficiency and knowledge.
and to Colleagues • 1) A planner must not commit a deliberately wrong-
C. A planner should contribute to the development of the . ful act which reflects adversely on the planner's
profession by improving knowledge and techniques,mak- • professional fitness.
ing work relevant to solutions of community problems, •
and increasing public understanding of planning activi- • 2) A planner must respect the rights of others and,in
ties. A planner should treat fairly the professional views • particular,must not improperly discriminate against
• of qualified colleagues and members of other professions. . persons.
1) A planner must protect and enhance the integrity • 3) A planner must strive to continue professional
of the profession and must be responsible in criti- • education.
cism of the profession. • 4) A planner must accurately represent professional
2) A planner must accurately represent the qualifica- ; qualifications,education and affiliations.
tions,views and findings of colleagues. • 5) A planner must systematically and critically ana-
3) A planner who reviews the work of other profes- •• lyze ethical issues in the practice of planning.
sionals must do so in a fair, considerate, profes- 6) A planner must strive to contribute time and effort
sional and equitable manner. to groups lacking in adequate planning resources
4) A planner must share the results of experience and . and to voluntary professional activities.
110
4
, hams
• ,
• .
• • 1. Informal Advice and Formal Advi- If the Executive Director issues a corn-
sory Rulings: Any person may seek 3 plaint against a member,the latter shall
informal advice on ethics from the - F :'. . have thirty days from receipt of the corn-
. Executive Director of the AICP or - , ?; plaint to respond. In the absence of ex-
from the Chair of a Chapter Profes- EIIIKS AND traordinary circumstances which, in
sional Development Committee. the opinion of the Ethics Committee,
Such advice shall not be binding , . warrant a special exception, the failure
upon the AICP. .........._ __....:... of a respondent to deny any fact alleged
in the complaint within the thirty day
Any person may file a written re-
quest with the Executive Director period will be deemed an admission of
of the AICP for a formal advisory CONtlar such fact.
ruling on the propriety of any pro- If the response to the complaint reveals
fessional planner conduct. The re- • any disputed material fact, the respon-
quest should contain sufficient facts, real or • dent shall be granted a hearing before the Ethics
hypothetical, to permit a definitive opinion. If ap- . Committee of the AICP or before any member or
propriate, the Executive Director shall then prepare • members of the Ethics Committee designated by
and furnish a written formal advisory ruling to the • the Committee's Chair to conduct the hearing.
inquiring party. This ruling may be published if .• The hearing shall proceed without application of
endorsed by the AICP Ethics Committee as corn- • formal rules of evidence;however,the substantive
mentary on the Code and a guide to its application. • rights of the respondent shall at all times be protected.
Published rulings, however, shall not include any • If a hearing is held,those conducting it shall promptly
actual names and places without the written con- issue findings of fact which shall be transmitted to
sent of all persons to be named. A ruling may be the full Committee,the respondent and the charging
relied upon by the person who requested it whether .
or not published. party. If no material fact was in dispute and no
▪ hearing held, the Ethics Committee need not issue
2. Charges Alleging Misconduct by an AICP Member: . findings of fact.
Any person may file in writing with the Executive •
III
Director of the AICP a charge of misconduct against • On the basis of the findings of fact and admissions,
an AICP member. The charge shall state the facts • the Ethics Committee shall determine whether the
upon which it is based. The Executive Director shall • Code has been violated and issue an opinion. A
furnish a copy of the charge to the respondent member. • copy of the opinion shall be transmitted to the
• respondent, the charging party and the Commis-
The Executive Director shall determine whether the . sion.The Ethics Committee may concurrently sub-
charge warrants an investigation. mit a recommendation to the Commission that the
The Executive Director with or without an investi- , respondent be expelled, suspended, publicly cen-
gation may dismiss the charge or issue a complaint . sured, or privately reprimanded. The respondent
against the respondent. In either event,notice shall • shall be given no less than thirty days' notice to
be sent to the charging party and to the respondent • respond, in person and/or in writing before it is
advising of the determination and of the charging . voted on by the Commission, which vote shall be
party's right to appeal the dismissal of the charge. . within one year of the issuance of the complaint.
offi-
The Executive Director's decision to dismiss a charge •Disciplinary action against a member and the may be appealed by the charging party within thirty . cial publication of an expulsion, suspension or
Public censure shall require the affirmative vote of
days of receipt of written notification.The Executive
Director shall promptly forward copies of the appeal • two-thirds of the Commission.
to the members of the AICP Ethics Committee. The • The Executive Director shall publish all written
Ethics Committee may remand the charge to the , opinions endorsed by the Commission or by the
Executive Director for further investigation and/or • Ethics Committee,but shall omit actual names and
reconsideration, or the Committee may reverse the • places unless authorized by an affirmative vote of
Executive Director's decision if it is contrary to the • two-thirds of the Commission or in writing by the
provisions of the Code or to prior Committee opinions. • respondent.
41/
5
• Key Elements of the AICP/APA Ethical Principles in Planning
• Serve the public interest
• Recognize the rights of citizens to participate in the process
• Give full, clear, and accurate information
• Expand choice and opportunity
• Assist in the clarification to the public
• Make information available to the public
• Protect the integrity of the natural environment and the heritage of the built
environment
• Pay attention to the inter-relatedness of decisions
• Achieve high standards of proficiency and integrity
• Exercise independent judgment
• Disclose personal interest and define it broadly
• Abstain from participation when you have a personal interest
• Seek no gifts or favors
• Not participate as an advisor, decision-maker, or advocate when you have
previously been an advocate
• Serve as an advocate when the client's objectives are consistent with the
public interest
• Not use or disclose confidential information
• Not misrepresent facts
• Not participate unless prepared
• • Respect the rights of all persons
• A PLANNING COMMISSIONER'S CREED
Source: Planning and Zoning Administration in Utah
Second Edition, 1989
Center for Public Affairs and Administration
University of Utah
As a member of the Planning Commission who is vitally interested in
building and maintaining a viable community in which to live,work,and play,I hereby resolve to:
• Support and defend the Constitution of the United States of America and the Constitution of
the State of Utah.
• Uphold the laws of the United States of America and those of the State of Utah.
• Concern myself with the advancement of the pubic interest in all matters that come before
me.
• Place the competence and effectiveness of service to the public above all interests of persons,
factions or parties.
• Endeavor,through diligent attendance,to represent the best interest of the community as a
whole as I have been appointed to do.
• Seek to assimilate all pertinent information on matters before the Planning Commission prior
to committing myself to an irrevocable judgement or decision.
• • Prepare myself for all items scheduled for presentation to the Planning Commission.
• Strive to provide fiscally sound policies,matching expenditures to funds budgeted.
• Not make available to any one citizen any services,tangible or intangible,that are not equally
available under the law to any other citizen.
• Abstain from participation in a decision of the Planning Commission and/or the governing
body in which I have a conflict of interest.
• Avoid unilateral action that does not comply with existing policy of the Planning
Commission.
• Work with professional staff of the Planning Commission and other persons to achieve the
most desirable results with regard to the planning or zoning process and established
community development policies.
• Refuse personal gifts in every instance where I have reason to believe the gift would not have
been extended to me except for my official position,where I have reason to believe the giver's
interests are likely to be affected by my official actions,or where the gift is or may reasonably
be considered to be designed to influence my official actions.
• Conduct myself in my contacts with other persons and groups in a manner keeping the
trust and dignity in my position as a servant of the people and of my community. I shall
further take care to guard not only the factual principles but also the appearance of
justice and integrity.
11111
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BUILDING AND SUSTAINING COMMUNITY CHARACTER
Wednesday, September 20, 2000
8:30 - 9:00 a.m. (check-in)
9:00 a.m. - 9:30 p.m. (workshop)
This workshop focuses on what makes up community character and practical ways to enhance it. This is
advanced planning which gets to the heart and fabric of the community and provides a framework for
you to create outstanding places to live, to play and to work. In this workshop you will learn how to:
❖ Identify and define the important characteristics of your community
❖ Turn natural assets into community treasures
❖ Use neighborhoods, business districts, streets, parks and even highways as character building
elements
❖ Use knowledge of planning trends to build a sense of place and a sense of community
❖ Help your citizens discover how they can enhance their community's vitality
❖ Think big but move ahead with realistic steps
Includes "nuts and bolts" presentations on such topics as cultural resources, the lifestyle impact of chang-
ing demographics and specific zoning tools, plus small group sessions designed to help you apply what
you've learned to hypothetical (and your own!) situations. Join us for a workshop designed to be a
thought-provoking, useful and fun learning experience!
ESPECIALLY FOR . . . .
❖ Planning commission members in cities, counties, townships
❖ Elected officials in cities, counties, townships
❖ Members of other local advisory commissions
• Planning staff
❖ Those from Housing and Redevelopment Authorities and Economic Development Authorities
Core Faculty
Mark Grimes, Planning and Development
Director, City of Golden Valley
Gunnar Isberg, Gunnar Isberg & Associates,
Planning Consultant; former Councilmember,
Planning Commission Member and "
Planning Director Be a spark , -
Dick Krier, Planning and Zoning Administrator, in your
City of Minnetonka Beach
• Carol Spearman, Senior Program Manager, community to ignite
Blandin Foundation, Grand Rapids
leadership!
• = Registration/Cancellation
Genera_l Information • Register by September 8 (space is limited). Duplicate form
if needed to register more than one person. You will not •
Location receive a confirmation of your registration, but we will notify
This seminar is being presented as a pre-conference you if the session is full. Fees will be refunded less a $15
event in conjunction with the 2000 Upper Midwest service fee if the registration is canceled by September 13.
Regional Planning Conference. While separate Substitutions for registered participants may be made at
registration is required, it will be held at the Duluth any time.
Entertainment and Convention Center(MCC) located
at 350 Harbor Drive (2 18/722-5573 and toll free Want to be on our mailing list?
800/628-8385). If you require overnight accommo- If you do not normally receive brochures for the full spring
dations in Duluth,please see overall MnAPA Confer- series of GTS Land Use Planning Workshops but would like
ence brochure for information. to be put on the list for offerings in 200 I,contact:
Carol Schoeneck, GTS, 480 Cedar Street,Suite 40 I,
Registration Fees: Saint Paul, MN 55 I 0 I-2240165 I/222-7409 or
The registration fee is$99 per person which includes e-mail at cschoeneck®mngts.org). Brochures will be mailed
luncheon,refreshment breaks and handout materials. in January.
A special group discount of$85 per person is avail-
able when registering three or more individuals. To Government Training Service partners with
qualify for this discount,all registrations must be • Minnesota's public sector organizations to provide
received in the same envelope. innovative, comprehensive, practical conference,
training and consulting services. It is governed by
Further Information representatives of the Association of Minnesota
Contact Brian Smith (registration) or Carol Schoeneck Counties, League of Minnesota Cities, Minnesota Association of
(program content) at Government Training Service Townships, Minnesota Regional Development Organizations,
651/222-7409 or Minnesota Toll Free 800/569- Minnesota School Boards Association, Minnesota State Colleges
and Universities,State of Minnesota and the University of Minnesota.
6880 •
Building and Sustaining Community Character Workshop - September 20, 2000
Registration Form
(Please print or hdpe Form should be duplicated when i eo s'errc more than one person)
Name Title
Jurisdiction/Agency How long in position?
Street Address
City State Zip
Daytime Phone Fax Number E-mail
Registration Options: Special Needs iNlusr be received bu September 51
❑ Regular Registrahon ($99 per person) 0 I have a dierarr ;estrchnr (spentg
❑ Group Registration ($85 per person)
Payment Options:
0 requite some anallarg ads (i e sign language inter-
preter,laige print, Braille materials, etc) Please contact
❑ Enclosed is check# me at
in the amount of$ lErde one VOICE or I I Y)
(payable to Government Training Servicei 0 require some other accommodations Please contact
❑ Please bill me ar above address, me at
PO# (if applicable) (Circe one VOICE or I IY)
NOTE An 58/agency billing fee will be added
to the amount owed •
Return.this form by September 8 to: Government Training Service;:480 Cedar Street-,Suite 401,_
St.Paul,Minnesota 55 I 0 I-224G (or fax to:65 I/223-5307 if selecting the:"bill'meT option): -
2000 UPPER MIDWEST REGIONAL PLANNING CONFERENCE 15
Schedule at a Glance
itWednesday Sept 20 Thursday Sept 21 Friday Sept 22
8:00 GTS 7:30 Registration 7:30 Registration
7:30 Exhibit/Poster Area opens 7:30 Exhibit/ Poster Area opens
GTS Training 7:30 Continental Breakfast 7:30 Continental Breakfast
8:30
8:00 Welcome 8:30 Session 4
Wis Smart Growth
8:30 Session 1 Land Trusts: Tools
Getting an Edge "At Home" in Duluth
Historic Preservation 101 Making Roads Work
Scenic Byways end More than a River
Taming the Auto 9:45 Property Rights
end Perspective on Hsg Devel
9:45 State Land Use Law 10:00 Session 5
Working with the Media
10:15 Session 2 Future Challenges
Sharpening the Edge Duluth Planning
Reuse Studies Midwest Regional Rail
Local Access Management end Rural Planning Wis
Flexible Road Design 11:15 Ames Cost Study
end Shoreland Urbanization
•
• 11:30 Land Use Law
12:00 Lunch 12:00 Lunch 11:30 Lunch
(GTS only) Speaker: Michael Rockland Speaker: Samuel Edwards
12:30; Conference
Registration 1:30 Session 3 Farewell
1:30 Maintaining the Edge
• GTS Training Professional Workshop: Winter Cities
Better than Before
Design for Regional Trade Study
Living& Stand end Sustainable Lakes
Up and Speak! 3:00 Tech into Econ Reality
3:00 ' GTS Training
3:15 Mobile Workshops
4:00 ' ' MnAPA Twin Ports Waterfront
, Meeting Historic Duluth
St. Louis River Recreation
5:00 Opening end North Shore Utility Planning
reception at DECC 6:00 1-35: Context Road Design
Dinner (on own) Dinner (on own)
8:00 Social: NorShor Theater
Mn Awards
Thank you to these major sponsors of this year's conference:
111B UPS ,c--
RLK
BRW, Inc. ( KuuslsTo LTD
LHB Engineers & Architects \.„,i,„1,611,
• Opening Reception Conference Program NorShor social
A
' "Other than one or two little spots, it isn't unique in any way.
I wish it were. . . . I think it's a very blah city. "
MAUREEN GERAGHTY BOUCHARD,ROSEMOUNT RESIDENT ABOUT THE CITY'S DOWNTOWN
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DAWN VILLELLA/PIONEER PRES:
It's another morning of what Don Ratziaff calls"useless conversation"and morning coffee at his service station in Rosemount. From left, Fell)
Kropelnicki, Jerry Fluegel, Dave Sparks and Ratzlaff shoot the breeze at the station in downtown Rosemount. The city is trying to figure oul
how to get others to come downtown Just to socialize.Some doubt that a$3 million development plan Is the answer.
Downtown Blues
very morning, old-timers But not everything downtown works as IF YOU GO
Rosemount's gather at Ratzlaffs garage in well. The Champion Auto store has sat
downtown Rosemount to shoot vacant for several months and is still •WHAT: Open
house on
downtown has fallen the breeze. They arrive early covered in ugly fluorescent signs. Citizens
and help themselves to black say some buildings need major renovation Rosemount's
rosed
on hard times as coffee in the corner of the tiny office in or should be torn down. The whole area downtown
the service station with mustard-colored needs more restaurants, shops and places
cinder block walls. There isn't to hang out, according to some streetscape plan
businesses on nearby enough room for chairs, so they BY AMY residents. •WHEN: 4:30
• lean up against shelves, which SHERMAN "It's kind of shabby," said p.m.today
thoroughfares boom. are patched with duct tape. Laura Andrews, a resident. "It •WHERE:City
• The garage, owned by the STAFF WRITER feels like nobody cares about it Hall, 2875 145th
But residents question same'family since 1941, is too much." St.W.
symbolic of much of this small down- Rosemount is considering a $3 million
whether a $3 million town. It isn't pretty, but it's got character project to spruce up downtown with new
and history. While Rosemount is growing street lights, fencing- and trees, among
facelift can lure and changing fast — its population of other things. It's one of many suburbs
about 14,500 is expected to double in the that are trying to invigorate old down-
shoppersback. next 20 years — its downtown is still the towns or create new ones.
kind of place where Don Ratzlaff knows
all his customers'names. DOWNTOWN CONTINUED ON 2B ►
I -
N
TUESDAY, AUGUST 1, 2000 L 0 C A
These days, -11 ,
downtown `
• Rosemount ,
^
looks like a 11,\ wi~T" 1
+ghost town, , t Zr. •
some residents ' '
say. "It's kind _ii.,,
„
of shabby,” ,mow . ,,i
R " ■—'` '
said resident .
Laura Andrews. -" 1 +tsimi • ' -,^` 7 11
"It feels like . , F•._ * _���h1♦ �
nobody cares �" "'" k "* _ -
•
about it." The �;'; :--,�.»_ • .: -: >-' •_: ;,--,, Y'_ _ - :-'-,,,,2 -�.~.. -
development . _:, .'.<" »,", --°' `�xr.114..;� -.,»,�--
plan proposes ' »4 . . .:''. -- :;-'''*'***'47.:•-;":
sprucing up �: .^' �" 4.,q Z.�V�
downtown with ~ "Yf:� : � 44,4:,,„„
'1 ,,',. ,;i "."4,3-4,, ,z,
new lights, 'c '�, - ` .. t,' '` �`;:=
\ -
ity of /AkRiver MEMORANDUM
TO: Planning Commission
FROM: Michele McPherso irector of Planning
DATE: August 8, 2000
SUBJECT: September 12th Planning Commission Workshop
We have a regularly scheduled Planning Commission workshop meeting on
September 12, 2000. This date is a primary election date; therefore, no public
meetings can be held until after 8 p.m., the time the polls close. The
Commission should determine if it desires a workshop meeting in September,
and if so, staff would recommend either September 5th, the Tuesday after Labor
Day, or September 19th, the week prior to the regularly scheduled meeting of
September 26th
IIIPlease provide staff direction regarding this issue.
•
S:\PLANNING\PLANNING\MICHMC\MEMOS\Septwksp.doc
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD & Phone: (612) 441-7420 • Fax: (612) 441-7425