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HomeMy WebLinkAbout2014-03-24 PACKET 09.4.CITY OF COTTAGE GROVE 2014 PLANNING COMMISSION RULES A. Authority 1. State of Minnesota — Municipal Planning Act as amended. 2. Name — The name of this Commission is the Planning Commission of the City of Cottage Grove, hereafter referred to as the Commission and is authorized to adopt rules of procedure according to Title 11 of the City Code of the City of Cottage Grove, Washington County, State of Minnesota. 3. Governing Regulations — The laws of the State of Minnesota and the ordinances of the City of Cottage Grove supersede any part of these rules. 4. Rules of Order — In matters not covered in these rules of procedure, the conduct of the Commission shall be guided by "Robert's Rules of Order, Newly Revised." 5. Open Meeting Law — The Commission and all Committees thereof are subject to the Minnesota Open Meeting Law. B. Enablement and Amendments 1. These rules of procedure, hereafter referred to as the Rules, take effect upon adoption by a two - thirds affirmative vote of the entire Commission appointed at the time. 2. These rules may be amended only at regular meetings of the Commission and by not less than two - thirds of the Commission members consenting to any amendment, and with any amendment to these rules receiving consideration for at least two (2) consecutive regular meetings before adoption and inclusion in these rules. Amendments will normally be given consideration at the annual Planning Commission organizational meeting. C. Purpose 1. The primary purpose of the Commission shall be to formulate and implement a master plan for the development of the community and to conduct municipal planning activities for guiding the future development and improvement of the municipality through the preparation, adoption and amendments of the Comprehensive Plan. 2. The Commission serves as the Board of Appeals and Adjustments. 3. The Commission serves as an advisory board to the City Council for matters concerning zoning, the subdivision of land, and the general development of the community. The 2014 Planning Commission Rules Page 2 of 8 Commission considers and reports on every matter referred to the Commission by the City Council. D. Membership 1. Number and Term — The Commission will consist of nine (9) members, each appointed by the City Council for terms of three (3) years, beginning March 1. No member may serve more than two consecutive terms on any one commission, except that by special application the Council may appoint a commissioner to a third term where it is determined that such would serve the best interests of the city. Appointments to fill vacancies will be only for the unexpired portion of such vacancy; filling an unexpired term of one year or less shall not be counted against the limit of two consecutive terms. 2. Qualifications — All members of the Commission must meet the following qualifications: a. Be a registered voter of the City of Cottage Grove. 3. Attendance and Resignation a. Resignation from the Commission shall be in writing to the Chair of the Commission who will notify the City Council and request a new appointment. b. Unexcused absences from three consecutive regular meetings of the Commission or four meetings in any one -year period is deemed to constitute a resignation of a member and the vacancy thus created will be filled thereafter by the City Council. To be excused, an absence must be requested in writing by the affected member, granted by the commission chairperson (or the vice -chair if the chairperson makes the request) and the council liaison, and filed with the city clerk. Absences may be excused for extenuating circumstances that prevent the member's attendance, such as business demands, state of health, or personal emergencies. c. An appointment of any member may be recalled for cause by a majority vote of the City Council. 4. Ex- Officio Members — The members of the City Council and the Community Development staff are ex- officio non - voting members of the Commission. E. Procedures 1. Meetings a. Annual Meeting — The Planning Commission's annual meeting will be held at the first regular meeting in March of each year, at which time appointments will be received, officers elected, rules adopted, committees appointed, and such other business transacted as the Commission decides. 2014 Planning Commission Rules Page 3 of 8 b. Regular Meetings — The Commission shall have regular meetings on the fourth Monday (if the fourth Monday falls on a City holiday, the preceding Monday shall be the regular meeting for that month) of each month at 7:00 p.m. The Commission may elect not to consider any item of new business on the agenda after 11:00 p.m. c. Special Meetings — The Commission may hold special meetings any time outside of the regular meetings by: 1) the call of the Chair of the Commission, 2) by petition of four (4) Commission members, or 3) the call of the City Council. Special meetings require notice to all Commission members in writing and mailed at least five days prior to such meeting or personal notice at least twenty -four (24) hours in advance. 2. Quorum and Voting a. A simple majority of the appointed and voting members constitutes a quorum for any meeting of the Commission. b. A majority of the Commission present and voting decides all questions except extra requirements for amending the Rules, suspending the Rules, and regulations super- seding the Rules. c. A roll call vote must be taken when there is division on any question. The members will be polled with the Chair voting last. d. Every member will vote for or against the motions before the Commission, unless he /she has declared a conflict of interest or by a majority vote of the commission members present a member is determined to be immediately in the question, in which case the member shall not vote. e. When a member declines to vote on a motion, he /she is required to give his /her rea- sons. The Chair then will put the question to the Commission, "Shall the member, for the reasons given by him /her be excused from voting?" which will be decided without debate. f. The order of voting on the previous question shall each be voted upon in reverse order of receiving the amendments and then upon the main question. 10M LTA re 0=0 a. No motion can be debated until there is a second to the motion. b. No motion can be debated until that motion is restated by the Chair or upon the direction of the Chair restated by the recording staff from his /her notes. c. A motion to adjourn must always be in order except during roll call. When a motion to adjourn is made, it shall be in order for the Chair to permit any member to state any fact to the Commission relative to the condition or amount of business before the Commission which would seem to render it improper to adjourn at that time. 2014 Planning Commission Rules Page 4 of 8 Such statement, however, is not be debatable and should not in any case, occupy more than two (2) minutes. d. A motion to adjourn shall always be in order, also a motion to adjourn to a time certain. The latter motion is debatable. When either motion is rejected, it cannot be renewed until further business has been transacted or further discussion has taken place. e. After a motion is stated by the Chair or read by the recording staff, it will be considered to be in possession of the Commission, but may be withdrawn by the author at any time before decision or amendment. f. A motion or amendment will be written out and presented to the Commission if the Chair, the recording staff, or any members so request. g. When a question has once been made and carried in the affirmative or negative, it shall be in order for any member who voted with the prevailing side to move for the reconsideration thereof; but no motion for the reconsideration of any vote shall be in order after the motion, resolution, report, or other official action upon which the vote was taken shall have gone to the Council, announcing the Commission's decision. h. Precedence of Motions — When a question is under debate, no motion will be received, but: 1) To adjourn to a time certain. 2) To adjourn. 3) To lay on the table. 4) Call for the question. Motions 2, 3, and 4 will be decided without debate. 5) To commit to committee. 6) To postpone to a certain day. 7) To amend, or 8) To postpone indefinitely The above motions have precedence in order from 1 through 8. 4. Agenda and Order of Business a. The business at a regular meeting includes such items as: a Call to Order a Roll Call for Attendance a Approval of Agenda a Presentations a Open Forum a Chair's Explanation of Hearing Process a Public Hearings — Consent Items 2014 Planning Commission Rules Page 5 of 8 — Old Business — New business a Applications and Requests — Consent Items — Other Items a Secretary's Report (minutes, agenda, etc.) a Staff Reports a Committee Reports — Rules Committee — Regulations Committee — Planning Committee a Non - agenda Items a Adjournment 5. Initiation of Business a. The City Council may direct other business to the consideration of the Commission for report to the City Council. b. The Planning Commission may initiate any business within the scope and meaning of the State of Minnesota Municipal Planning Act, Sign Ordinance, or Subdivision Ordinance. c. Applications for zoning changes, zoning variations, conditional use and interim conditional use permits, site plans, subdivision plats, or proposed changes and additions to ordinances must be submitted to the Commission in writing, indicating payment of applicable fees, and including all available details and information with maps, charts, diagrams, and pictures in detail when any description question is concerned. Timetables for submittals will be those provided to the Commission prior to the start of each calendar year. 6. Types of Action by the Commission a. All recommendations of the Commission are subject to review and final action by the City Council. b. Adoption of and changes to the Rules in accordance with Item B, Enablement and Amendments, noted herein. c. Adoption of and changes to resolutions or motions of the Commission with the direction or recommendation within the authority of the Commission. d. Initiation of studies on matters within the authority of the Commission with reports to the Commission required of every committee or sub - committee of all activities and results. 2014 Planning Commission Rules Page 6 of 8 7. Public Participation a. All meetings of the Commission must be open to the Public. b. If the applicant is not present, the item may be moved to the end of the agenda. If the applicant has not arrived, the item may be continued to the next available public hearing. F. Officers 1. Officers —The officers of the Commission for 2014 are and their duties include: a. Chair 1) Presides over the Commission, and charged with all powers and duties pertaining to such presiding officers. 2) Preserves order and decorum, and in case of disorderly conduct or disturbance in the audience, may order the area to be cleared. 3) Have general control, except as provided by rule or law of the portion of the municipal building being used by the Planning Commission at the time of Commission meetings. 4) Will, from time to time, represent the Commission at City Council meetings, other organizations, and to the public, subject to the implied direction set by the Com- mission and representing both majority and minority points of view on applicable issues. 5) Appoints members to the committees of the Commission, if necessary. 6) Appoints acting officers of the Commission and to generally supervise and direct the work of the Commission. 7) May prepare and present an annual report to the City Council. b. Vice -Chair 1) During the absence, disability, or disqualification of the Chair, the Vice -Chair will exercise or perform all the duties and be subject to all the responsibilities of the Chair. c. Secretary 1) Ensures minutes and records are kept of all proceedings of the Commission. 2014 Planning Commission Rules Page 7 of 8 2) Ensures attendance records are kept of the official meetings and report his /her findings to the City Council prior to the first regular City Council meeting in January of each year. 3) Serves as Acting Chair of the Commission in the absence of the Chair and Vice Chair. 2. Appointment and Election of Officers a. Chair — The Chair of the Commission is appointed by the City Council. b. Term — Each officer will be elected by the Commission at the annual meeting to serve a term of one (1) year or until a successor is duly elected. c. Vacancy — Should any officer, other than the Chair, vacate his /her office by resignation or other valid reason, the Chair may appoint a member to act in and carry out the duties of the vacated office until the Commission fills the vacancy by election. 3. Appointment of Commission Members a. Notify other city commissions of openings. b. Contact and invite interested citizens. c. All applications of citizens interested in serving on a commission will be kept on file in the office of the Administrator for at least two (2) years and shared with all other city commissions. d. Commission Chair or appropriate Commission Officer and the City Council liaison will interview candidates and make recommendations to the City Council. G. Committees 1. General Provisions a. Types of Committees — The Commission or the Chair of the Commission may direct the appointment of standing and special committees. b. Appointments — The Chair of the Commission shall appoint members of the Commission to committees subject to the approval of the Commission and the consent of each member for the committee on which he /she is to serve. c. Substitutes — The Chair of the Commission or the Chair of the Committee may appoint substitute and additional commission members subject to the appointment procedures of these Rules. 2014 Planning Commission Rules Page 8 of 8 d. Attendance — All meetings of any committees are open to any member of the Commission; all members of the Commission must be notified of Committee meetings. e. Committee Actions 1) Committees will work on assignments as directed by the Commission, the Rules Committee, or the Chair of the Commission. 2) All committee Chairs shall file written reports or minutes as directed by the Com- mission or as requested by the Secretary or recording staff for historical background on issues. 3) All committees may appoint special sub - committees for specific purposes. 2. Standing Committees a. Service — Standing committees may be appointed at each annual meeting and may serve in a permanent status during the following year. b. Quorum — Each standing committee must have a quorum of two (2) members to transact business. 3. Special Committees & Liaisons a. Special committees for specific purposes may be appointed by the Commission or the Chair of the Commission, subject to the appointment procedures of these Rules, to serve for less than a period of one (1) year or until a project is completed. b. The Commission should appoint a representative to the Advisory Committee on Historical Preservation. Adopted this day of 2014, by the City of Cottage Grove Planning Commission.