5.2. SR 02-27-1993
ITEM 5.2.
TO:
MAYOR AND CITY COUNCIL
FROM:
, \-J
JANELLE SCHMITZ, ZONING ASS I STAN... 1.. ,~v
/ ,0--'
DECEMBER 15, 1992 L /
DATE:
SUBJECT:
PLANNING COMMISSION RULES AND
PROCEDURES
At the joint meeting of the Elk River Planning Commission and
City Council on June 8, 1992, the Planning Commission Role and
Planning Commission Rules & Procedures documents were
reviewed. It was the consensus of both the council and the
planning commission that several changes, including the merging
of these two documents, should be accomplished.
For your review, please find attached the amended version of
the Elk River Planning Commission Rules & Procedures. Note the
addition of Article VI, Protocol, which incorporates the
planning commission role into this document.
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Staff has reviewed the minutes of the June 8, 1992, joint
meeting and has found that the changes discussed at that
meeting have been incorporated into this document. The
planning commission has asked that the City council review this
document for approval.
ce
720 Dodge Avenue N.W., Elk River, Minnesota 55330 (612) 441-7420
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ELK RIVER PLANNING COMMISSION RULES AND PROCEDURES
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 Designated
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 building and zoning administrator supplies a qualified
staff member to perform all general corresponding and
recording secretarial duties for the planning commission.
Section 3. Duties of Offices
The duties and powers of the offices of the planning
commission shall be as follows:
A. Chairperson
1) Preside at all meetings of the commission.
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 building & zoning staff to set
monthly meeting agendas.
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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.
Article III - Term Limits
The City of Elk River Planning Commission recognizes that
service on the planning commission is a civic duty. An
individual commissioner shall be limited to serving two
consecutive full 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
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
All meetings of the planning commission shall be open to
the public.
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 mayor 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 office of the
building and zoning administrator. These records shall be
available to the public during normal business hours in
the City of Elk River Building & Zoning Department.
Section 5. Meeting Arrangements
5.1 Date
The planning commission shall meet regularly on the
fourth Tuesday of each month.
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5.2 Location
The building and zoning administrator selects a
meeting location which shall be accessible to all.
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.
5.4 Additional Agenda Items
Agenda items are to be added at the workshop meeting,
or if no workshop meeting, additions can be made by
calling the chairperson one week prior to the regular
monthly meeting.
Section 6. Parliamentary Procedure
Meetings of the Elk River Planning Commission shall be
conducted using Robert's Rules of Order, Revised.
Section 7. Public Hearing Agenda
The building and zoning administrator 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 support the request will then testify.
5. Those who oppose the request will then testify.
6. Those who wish
testimony.
provide
to
additional
may
7. The applicant and the opposition will then have
an opportunity to answer questions.
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8. The applicant and the opposition will then have
the opportunity to make final statements.
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. 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.
7. The building and zoning administrator 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
Prior to public hearing or commission deliberation,
no commission member shall lobby the merits of a
pending case with staff, applicant, commission member
or the general public.
9.2 Disclosures
If a commission member discusses a pending
violation of Section 9.1, the member shall
during the public hearing the facts relating
meeting.
case in
disclose
to such
9.3 Exception
Nothing in
information
relating to
this section
communication
the general
shall preclude the general
by commission members
conduct of a meeting or
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hearing, or forbid staff or members
with commission members an upcoming
as the facts or merits of the
discussed.
from discussing
meetings so long
meeting are not
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
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.
A conflict of interest is any direct contractual,
pecuniary, or other beneficial interest in the
outcome of a matter before the planning commission.
Section 11.
Application
11.1 Procedure
All applications shall be submitted on a form
provided by the building and zoning administrator and
accompanied by information and submissions required
in the zoning ordinance. Applications shall not be
accepted by the building and zoning administrator
until all information is provided and the application
is deemed complete by the building and zoning
administrator.
11.2 Deadline
The building and zoning administrator shall set the
deadline for applications coming before the
commission.
11.3 Review of Applications
All applications shall be available for public
in accordance with procedures outlined
building and zoning administration.
review
by the
Section 12.
Orientation for New Members
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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:
a) Review procedures
administrator.
with
building and zoning
b) Review planning commission's Orientation Outline.
Article V. - Education, Conference & Convention Policy
The City council and planning commission 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
Commission as it
and conventions.
the policy of the Elk River Planning
relates to educational meetings, conferences
1.
All training and education is subject to availability of
funds. After assuring funds are available, commissioners
are responsible for registering directly for training
seminars and workshops, and to notify the planning
andzoning administrator or assistant of their
registration. Staff requests a check to cover training
costs from the finance director.
2.
Attendance at educational meetings, conferences
conventions is voluntary. Planning commission members
encouraged to attend educational meetings, conferences
conventions.
and
are
and
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,
placed on the acquisition of basic or
skills.
priority shall be
new knowledge and
6.
That two members may attend a national planning conference
yearly.
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There are no limits on the number of members or 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 required before
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. Protocols
Section 1. Work Planning
Planning commissioners draw up a twelve month plan of work
at the January annual meeting. This plan includes
projects and topics the commission plans to cover at its
regular workshop meetings. These projects and topics may
originate with the commissioners, or be assigned by the
City councilor staff. The plan is flexible and
responsive to needs that arise during the year. The work
plan is presented to the City council and to staff for
review and comment.
Section 2.
Staff
The planning commission works directly with the building
and zoning staff. The building and zoning administrator
and staff provide technical information on planning and
zoning items, work with the planning commission chair to
set meeting agendas, and serve as a channel of
communication between the City council and the planning
commission. The building and zoning secretary records and
produces minutes of the regular planning commission
meetings and provides occasional secretarial support to
the planning commission, such as updating the commission's
Rules and Procedures.
Section 3.
Communication
If planning commissioners wish to obtain or offer
information to the City's consultants, they contact the
building and zoning administrator or assistant, and the
staff contacts the consultant.
A planning commissioner attends one City council meeting
each month as a representative of the commission. In
addition to commenting on agenda items, the representative
brings planning commission information and concerns to the
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City council, and reports City council information and
concerns back to the planning commission.
Article VII. Maintenance of Rules and Procedures
Review rules and procedures annually and update as needed.
Dated: January 23, 1990
Revised: 12/9/92