01-21-1997 CC MIN - Laserfiche WebLink

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Elk River City Council Meeting January 21, 1997 Page 12 applicants. He recommended that there be no fee assessed for appeals to the City Council. Scott Harlicker indicated that the Planning Commission and staff recommended approval of this amendment. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. Councilmember Dietz indicated that he was in favor of designating the Planning Commission as the Board of Adjustments. Councilmember Farber indicated he felt the responsibility of being elected is to hear recommendations from the Planning Commission. Councilmember Holmgren indicated that people may not appeal to the Council because of the concept of "not being able to fight City Hall". He further felt that it is the elected officials responsibility to deal with these types of issues. The City Administrator suggested that state statutes currently allow the Council to act as the Board of Adjustments without input from the Planning Commission. Discussion was held regarding the fact that the Planning Commission normally handled the technical aspects of zoning requests and that the City Council relied on the Planning Commission's expertise. Councilmember Holmgren indicated that the City Council could always send the request back to the Planning Commission for their review. Discussion was held indicating the fact that this would make the process even longer than it is now. COUNCILMEMBER FARBER MOVED TO DENY THE ORDINANCE AMENDMENT REQUESTED BY THE CITY OF ELK RIVER TO DESIGNATE THE PLANNING COMMISSION AS THE BOARD OF ADJUSTMENTS, CASE NO. OA 96-17. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Dietz opposed. It was the consensus of the City Council to draft an ordinance designating the City Council as the Board of Adjustments and eliminating the Planning Commission review of variances and appeals. 9.1. Community Recreation Board Update Councilmember Holmgren informed the Council that the City of Zimmerman has withdrawn from the Community Recreation organization. He further indicated that Hassan Township has also stated that it intends to withdraw from the Board and Livonia Township is being requested by the City of Zimmerman to join them. Councilmember Holmgren indicated that it may be necessary to modify the joint powers agreement because of these changes. 9.2. Utilities Commission Update Councilmember Dietz updated the Council on the January Utilities Commission meeting.