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HomeMy WebLinkAbout5K - Planning Commission Bylaws 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT MEETING DATE: AGENDA #: PREPARED BY: June 26, 2006 SK Kelly Meyer, Asst. to the City Manager AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING AMENDMENTS TO THE PLANNING COMMISSION BYLAWS. DISCUSSION: Introduction The Planning Commission bylaws provide the scope and procedures under which the Planning Commission operates. Annually, the Planning Commission and Planning staff review the Planning Commission bylaws and make recommendations, if any, to the City Council for proposed amendments. The bylaws were last amended in June 1999. Current Circumstances Early in 2006, the Bylaws and Compensation committee, consisting of Council members Erickson and Millar, City Manager Boyles, City Attomey Pace and Asst. to the City Manager Meyer, met to review the City Council bylaws. At that time, we also determined that since the City Council and Planning Commission processes were similar in many respects, that the Planning Commission bylaws should be updated to be consistent with the City Council bylaws since operation of the meetings for each body are similar. The Planning staff and Planning Commission had also recommended some additional updates. Conclusion The City Attorney and I have updated the bylaws consistent with the direction provided by the Planning staff, Bylaws & Compensation Committee, and the Planning Commission. Because the City Council ultimately directs the action and conduct of the Planning Commission, formal approval of the revisions to the Planning Commission bylaws are presented for Council consideration. ISSUES: Other than updating the document to be consistent with previous Council direction, the major changes to the document are in making it as consistent as appropriate with the City Council bylaws. We have also updated the formatting and numbering of the document. The bylaws are attached for review both in legislative and final format. FINANCIAL IMPACT: There is no financial obligation associated with approval of the Planning Commission bylaws as presented. ALTERNATIVES: 1. Motion and Second as part of the Consent Agenda to adopt Resolution 06-XXX revising Planning Commission bylaws as submitted. 2. Remove this item from the Consent Agenda for further discussion. RECOMMENDED MOTIO Reviewe b: www.cityofpriorlake.com 1:\COUNCIL\AGNRPTS\2006\PC bylappj~a:JS.21.~~7.4230 / Fax 952.447.4245 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 RESOLUTION 06-xx A RESOLUTION TO ADOPTING REVISIONS TO THE PLANNING COMMISSION BYLAWS Motion By: Second By: WHEREAS, the City Council annually reviews any revisions proposed to the bylaws of each of its advisory committees; and WHEREAS, the Planning staff, Planning Commission, and City Council Bylaws & Compensation Committee have recommended revisions to the Planning Commission bylaws in order to keep them as consistent as appropriate with the City Council Bylaws; and WHEREAS, the bylaws of the Planning Commission were last updated in 1999; and WHEREAS, the revisions proposed have been reviewed by the City Attorney and appear appropriate. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The Planning Commission bylaws are hereby amended as proposed in the Staff Report submitted for City Council consideration on June 26, 2006. PASSED AND ADOPTED THIS 26TH DAY OF JUNE, 2006. Hauaen Hauaen Dornbush Dornbush Erickson Erickson LeMair LeMair Millar Millar YES NO Frank Boyles, City Manager I. \COUNCI L \RESOLUTI\ADMINRES\2006\PC Bylaws re~~<OO'@fpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 PLANNING COMMISSION BYLAWS ADOPTED MAY 16. 1994 Amended January 3, 1995 Amended June 19, 1995 Amended January 2, 1996 Amended January 6, 1997 Amended February 16, 1999 Amended June 7, 1999 Amended June 26. 2006 SECTION 1 CITY CODE CHAPTER 3100: PURPOSE 231 COMMISSION CREATED, COMPOSITION: A Planning Ad'/isory Commission is hereby created for the City, its plJrpose to be of an advisory nature to the City Council and staff. 101: The purpose of the Planning Commission bylaws is to provide the members of the Planning Commission with a set of operating procedures designed to guide them during the Planning Commission meetings, and to establish a code of ethics and conduct. Said Planning Advisory Commission shall be composea of fi\(e (6) members, appointed by the City Counoil. Only residents of the City shall be considered for appointment. Said members may serve as apprentice members from NO'Jember 1 to January 31 as part of their initial term. During this period, the apprentice members shall attend Planning Commission meetings for the plJrpose of familiarization with the planning process. Apprentice members may participate in the deliberations of the Commission at the discretion of the Chair, but they shall not ha'/e voting privileges. In the case of an appointment to replace a Commissioner before the ond of a term, tho apprenticeship period may be waived by the City COlJncil. The members regular term shall begin on November 1, and shall run for three (3) years and terminate on October 31 unless the member is reappointed. 102: The Bylaws shall be reviewed annually by the Planning Commission, and any changes or amendments agreed to by a majority vote of the Commission shall be recommended to the City Council for adoption at its annual meeting. The City Council conducts is annual meeting as the first meeting in January of each year. 2 3 2 REMO'l,1\L OF MEMBER: Any member of the Planning ,1\d'Jisory Commission may be remo'/ed from offioe for jlJst cause and un'l..ritten charges by a tvJO thirds (2/3) vote of the entire Counoil, but such member shall be entitled to a public hearing before such a vote is taken. In addition, any member may be removed for nonattenaance at planning Commission meetings '.vithout action by the City Council according to rules adopted by the Planning Commission. 233: MEETINGS, RULES: The Planning Ad'Jisory Commission '....ill meet on the seoond and fourth Monday of eaoh month at 6:30 p.m. in the Prior Lake City Council Chambers, or at such other time as may be deemed necessary, providing adequate notice is furnished of the pUblic meeting. www.cityofpriorlake.com I Document3 Phone 952.447.4230 / Fax 952.447-4245 1 SECTION 200: STRUCTURE OF COMMISSION 233.^.: 201: 2338: I 2-3-402: I Document3 'Nhen a regularly soheduled meeting falls on a holiday, the meeting shall be held on the Tuesday fOIlCY.ving the holiday. NOTIFICATION: All regular meetings of the Commission shall be notioed by: COMMISSION CREATED: A Planning Advisory Commission is hereby created for the City, its purpose to be of an advisory nature to the City Council and staff on issues related to zoning and development. (1) Posting at City Io-Iall for at least t\...o (2) days prior to the meeting; (2) A oopY of the notioe, agenda and aooompanying materials shall be reoei'Jed by the Commission, City Counoil, staff and other designated by the City Counoil, no later than Friday prior to the meeting and in no case later than w:o (2) days prior to a speoial meeting. Said Planning Advisory Commission shall be composed of five (5) members, appointed by the City Council. Only residents of the City shall be considered for appointment. Said members shall serve for three (3) years from November 1 st to October 31st. SPECIAL MEETINGS: Speoial Meetings of the Commission may be oalled by the Chair, or M(O (2) members of the Commission for the purpose of transacting any business designated in the oall. Staff may reoommend oalling a speoial meeting, but must receive approval from either the ohair or t\\'0 members of the Committee. The oall for a speoial meeting may be deli'Jered prior to the time of the proposed meeting to each member of the Commission at least (2) days prior to the speoial meeting. At suoh meetings, no business shall be oonsidered other than as designated in the oall. The notification prot.'isions of Section 8 of the artiole shall be followed. The members of the Planning Advisory Commission shall annually elect officers in accordance with the procedures of paragraph 205 herein. DUTIES OF THE COMMISSION: The duties of saiGthe Planning Advisory Commission are as follows: 1. To acquire and maintain in current form such basic information and background data that is necessary to an understanding of past trends, present conditions and forces at work to cause changes in these conditions. 2. With the advice of the City Planning Director, to prepare, draft and recommend amendments to the Comprehensive Plan for review by the City Council. 3. To recommend policies to the City Council for guiding action affecting development. 4. To determine whether specific proposed developments conform to the principles and requirements for the Comprehensive Plan and City ordinances. 5. To kepp the City Council and the general public informed and advised as to all planning and development matters. 6. To review and make recommendations to the City Council on planned unit development and subdivision proposals. 7. To hold publiC hearings for subdivision, planned unit developments and rezoning applications and furnish the City Council with information and recommendations of such hearings. 8. To prepare and submit to the City Council within sixth (60) days after the end of the calendar year, a summary report of all variances granted to applicants from 2 January 1 through December 31 of that calendar year. The summary report shall contain such information as deemed necessary and requested by the Council. (A) To keep the City Counoil and the general public informed and advised as to all planning and de':elopment matters and make reoommendations to the City Counoil with respect to any ourrent or future planning. (8) To prepare and keep ourrent, in oonjunction v:ith the City Planner, the Comprehensive Plan. (MS ~62.355, subd. 2) 203: APPOINTMENT: The Commission shall consist of members appointed by the Prior Lake City Council for a term of three (3) years. The Commission shall be representative of the citizens who live in Prior Lake. Commission members may serve additional terms upon approval by the Prior Lake City Council, based upon satisfactory attendance and participation, continued residence within the corporate limits of the City of Prior Lake, and in accordance with the term limit policy established herein. (C) To monitor zoning and planning ohanges affecting Prior Lake and looal oommunities and identify factors and reasons for ohanges and how they apply to or affect Prior Lake. 204: VACANCIES: If the office of Chair becomes vacant, the Planning Commission shall appoint a replacement as set forth in paragraph 205 herein. If the office of vice-chair becomes vacant, the Planning Commission shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office. (D) To researoh and present any information from public ne':Jspapers, publio forums/workshops or publioations indioating ohanging trends or oonditions. If an appointed member of the Planning Commission resigns, is terminated, reaches a term limit, or otherwise vacates a seat of the Commission, the Prior Lake City Council shall appoint a replacement in the following manner: (E) To reoommend prinoiples and polioies for guiding action affecting development in the City and its en'/irons. (1) Applications are solicited. A Notice of the vacancy is made public and individuals may be encouraged to consider the position. (F) To determine whether speoifio proposed dovelopments oonform to the prinoiples and requirements for the oomprehensivo plan and the City ordinanoes. (2) The City Manager or his designee, the City Council member who has been appointed as the liaison to the advisory authority, or who has been appointed to serve on the work group, and the committee chair (unless the appointment is the committee chair appointment or re-appointment, or in the case where no chair has been determined) shall interview all candidates and make a recommendation to the full City Council. No person will sit on any advisory authority charged with the selection of the successor for that person. (G) To revie..... and make reoommendations to the Council on planned unit development and subdivision proposals. (3) The recommendation of the interview panel shall be presented to the City Council and the Council may accept or reject the recommendation. If the recommendation is rejected, the City Council shall appoint another individual or decide to reopen the vacancy to the public for new candidates. I Document3 3 (H) To hold public hearings for subdi'Jisions, planned unit developments and rezoning applioations and furnish the Council ':/ith information and reoommendations of suoh hearings. 205: OFFICERS: The Planning Commission shall elect from among its membership a chair, and vice-chair. It shall also appoint a Planning staff member to serve as secretary of the Commission. (I) To oonsider varianoes and home oooupation permits. Make reoommendations to the City Council on rezoning applications, amendments to the Zoning and Subdivision Ordinanoes and oonditional use permits. Chair: The Chair shall be elected by majority vote of the Planning Commission prior to the first meeting in November. The term of the chair shall begin in November and run for three years. The duties of the chair shall include approval of meeting agendas, presiding at meetings, participating with the City Council in the selection of Commission members, semi-annual reporting ot the City Council on all information collected under paragraph 202 and shall give an accounting of its activities and any information the Commission may consider relevant before the City Council annually or as directed otherwise. (J) To prepare and submit to the City Counoil within sixty (60) days after the end of the oalendar year a summary report of all varianoes granted to applicants from January 1 through December 31 of that calendar year. The summary report shall contain suoh information as deemed necessary and requested by the City Council. Vice-Chair: The vice-chair shall be selected annually by the Commission and shall perform the duties of the Chair in his/her absence. The vice-chair shall assume such other duties as assigned by the chair. SECTION 2 PLANNING COMMISSION AGENDA AND MEETING FORMAT: Business of the meeting v:i11 be conducted according to the Agenda prepared by the Director of Planning. Unless extreme oiroumstanoes exist, the Director of Planning shall deliver the oompleted agenda paokets by 'J.'ednesday prior to the meeting date. To meet this schedule the Planning Director shall adhere to the submittal deadlines established by staff at the beginning of eaoh year. A memo, report, or brief explanation of each agenda item shall be included in the Planning Commission Agenda packet. The information provided by staff should serve to inform the Planning Commission of the sub1eot matter under discussion. The information should explain in detail the staff oomments or work, or state that the staff will present the necessary details and comments at the meeting. The meeting agenda will be prepared according to the following: 1 . Call to Order 2. Roll Call 3. Appro'Jal of Minutes 1. Io-Iearings 5. Old Business 6. Ne..... Business 7. Announoements! Correspondenoe 8. I\cijournment SECTION 3 MINUTE PREPARATION: The Director of Planning is responsible for the minutes of the meeting. The meeting proceedings will be taped, reoorded and trilnsoribed by the Reoording Seor~tary or a designated representative from staff. The following t\..(O requirements for minute preparation will be adhered to: 1. All motions will be typed in capital letters 2. Names of the commissioners '.viII be listed after their vote on the motion. I Document3 4 The official minutes shall be prepared and presented to the Planning Commission at the next regularly scheduled meeting. The minutes shall be re'lie'....ed by the Planning Commission and the presiding officer shall oall for any additions or corrections. If an addition or oorrection is presented, the change must be specific as to place, paragraph, and sentence. ApprolJal of the minutes requires a motion, seoond and a majority '/ote of the members present at the meeting. The DiFector of Planning is responsible for the maintenance and filing of the minutes. The following procedure '.viII be used in filing of the minutes: 1. All minutes of the Planning Commission will be kept on file in the offioe of the City Planner in a hard copy or on microfilm. 2. All the taped proceedings, exoluding public hearings, must be kept for a minimum of one year from the date of reoor:aing. 3. All taped proceedings that include public hearings must be kept for sevon years from the date of reoording. Secretarv: The City Manager or his/her designee shall act as the Secretary and shall be responsible for recording and compiling a written summary of all official activities of the Planning Commission. 206: TERM LIMIT: It is the policy of the Prior Lake City Council to impose a three term (9 year) service limitation for all appointed positions to the Planning Commission. Partial terms do not count toward the term limitation. The purpose of the term limit policy is to encourage resident participation on City advisory bodies and provide community members with the opportunity to participate in their local government. 207: PERFORMANCE CRITERIA: Annually the Commission shall perform a written self- evaluation on the following: · Implementation of the Commission's purpose, · Achievement of goals and objectives, · Compliance with bylaws, · Formulation of proposals and recommendations and overall accomplishments, · Visitation of subject sites as applicable, and · Annual personal attendance record of at least 75%. The Commission shall forward this evaluation to a review committee comprised of the Planning Director, the City Manager, the Mayor, and the City Council member appointed liaison to the Commission. The review committee shall present this report and any additional comments to the Council by the first week of December for action and recommendation at the annual meeting in accordance with the City Council bylaws. A copy of the minutes of the meeting shall be distributed togethor with the agenda for the upcoming meeting. The minutes and Planning Commission Agenda ,>'.'i11 be distributed to: Mayor and 208: REMOVAL OF MEMBER: Any member of the Planning Advisory Commission may be removed from office for just cause by a two-thirds (2/3) vote of the entire City Council. Such member shall be entitled to a public hearing before such a vote is taken. In addition, any member may be removed for nonattendance at Planning Commission meetings by action of the City Council. I Document3 5 4-0-209: CODE OF CONDUCT: Commission members 2. Planning Commission members 3. Selected Staff members 1. Selocted residents and individuals indioated on the mailing list kept by the Planning Department Secretary. Remarks m3de by a member of the Planning Commission may be entered in will adhere to the minutes by stating that hetshe desires to go on the reoord. These remarks shall be entered into the minutes by the Recording Secretary by way of synopsis or verbatim record, if required by a member.following: (1) Commission member's opinions pertaining to a function, organization or specific application or issue shall not be given to the public or media unless there is a clear qualification that the opinion is that of the member and not the official opinion of the Commission or the City. If a Commission member gives or represents the opinions of the Commission, he/she shall do so only after receiving the official direction from the Commission. SECTION 4 QUORUM AND VOTING PROCEDURES: At eaoh meeting a majority of all the members appointed, at least three out of five, shall constitute a quorum for the transaction of business. The voting options a':ailable to the Planning Commission when a vote has beon initiated are: aye (a#irmati'le); nay (FlfJgati'l{) 'Jete); and abstain (Flef:Jtra! vew, Fleither afflrmati'lf) er negative). 'J\.'hen a '/ote is to be taken, the presiding officer shall first call for the ayes, then the nays, and if applicable, shall call for abstentions. The votes of each member shall be recorded in the minutes. If a member of the Planning Commission is absent during a vote, the member's vote for the official minutes shall read as "absent". (2) The conduct of Commission members shall reflect positively upon the Commission, individual member, and the City. (3) Commission members shall avoid any actual or apparent impropriety. SECTION & ROLES AT MEETING: (A) On the majority of agenda items, if not all items, the time for direct oitizen input, comments and questions will be immediately after the City Staff report and/or presentation. During this time period, every member of the public dosiring to speak shall address the presiding officer (by raising a hand or standing up) and upon reoognition, shall oonfine their remarks to the issue under consideration. Let all present speak once before permitting persons to speak again on the same subject. Immediately after oitizen input is finished210: CONFLICT OF INTEREST: A member shall refrain from discussing, voting on the issue, the members, or in any manner taking part in an action or decision of the Planning Commission take turns addressing the issue. Each individual member of the Planning Commission may recognize a member of the public '....henin which the member has been recognized, or reasonably expects to &peak by the presiding offioer. Members of the Planning Commission must use judgment and discretion If/hen recognizing members of the public to speak have during the time they have the floor. member's term of office, (a) a direct interest in the outcome of the action or decision, unless the effect of the action or decision on the member's interests would be no greater than its effect on other persons or property similarly situated, or I Document3 6 (b) a direct or indirect interest in any sale, lease, or contract that is the subject of the action or decision, except as expressly permitted under state laws governing municipal contracts. If a conflict of interest involves the presiding officer, in addition to refraining from participation in the action or decision as provided in this section, the presiding officer shall disqualify him/herself from the duties of presiding officer and shall pass the gavel to the vice-chair or to any member who has no conflict. The presiding officer may resume the chair once the issue has been dispatched. SECTION 300: CONDUCTING MEETINGS 301: MEETING SCHEDULE: The Planning Advisory Commission will meet on the second and fourth Monday of each month, or at such other time as may be deemed necessary, providing adequate notice is furnished of the public meeting. 302: AGENDA AND MEETING FORMAT: Business of the meeting will be conducted according to the Agenda prepared by the Planning Director. Unless extreme circumstances exist, the Planning Director shall deliver the completed agenda packets by Thursday prior to the meeting date. To meet this schedule the Planning Director shall adhere to the submittal deadlines established by staff at the beginning of each year. A memo, report, or brief explanation of each agenda item shall be included in the Planning Commission agenda packet. The information provided by staff should serve to inform the Planning Commission of the subject matter under discussion. The information should explain in detail the staff comments or work, or state that the staff will present the necessary details and comments at the meeting. The meeting agenda will be prepared according to the following: 1. Call to Order 2. Roll Call 3. Approval of Minutes 4. Hearings 5. Old Business 6. New Business 7. Announcements / Correspondence 8. Adjournment 303: MINUTE PREPARATION: The Planning Director, or his/her designee, is responsible for the minutes of the meeting. The meeting proceedings will be taped, recorded and transcribed by the Recording Secretary or a designated representative from staff. The following two requirements for minute preparation will be adhered to: 1. All motions will be typed in capital letters 2. Names of the commissioners will be listed after their vote on the motion. The official minutes shall be prepared and presented to the Planning Commission at the next regularly scheduled meeting. The minutes shall be reviewed by the Planning Commission and the presiding officer shall call for any additions or corrections. If an addition or correction is presented, the change must be specific as to place, paragraph, and sentence. Approval of the minutes so modified requires a motion, second and a majority vote of the members present at the meeting. If there are no corrections, the presiding officer shall state "the minutes are approved as read.". I Document3 7 304: 304.1 304.2 The Director of Planning is responsible for the maintenance and filing of the minutes. The following procedure will be used in filing of the minutes: 1. All minutes of the Planning Commission will be kept on file in the office of the City Planner in a hard copy, on microfilm, or in digital format. Written meeting minutes adopted by the Planning Commission are permanent records. 2. All the audio taped proceedings, excluding public hearings, must be kept for a minimum of one year from the date of recording. 3. All audio taped proceedings that include public hearings must be kept for seven years from the date of recording. 4. All meetings video taped for the purposes of re-broadcast on the City's local cable channel will not be retained outside of their use for re-broadcasts. A copy of the minutes of the meeting shall be distributed together with the agenda for the upcoming meeting. The minutes and Planning Commission Agenda will be distributed to the Mayor and City Council members, Planning Commission members, selected City staff, and selected residents and individuals indicated on the mailing list kept by the Planning Department Secretary. Remarks made by a member of the Planning Commission may be entered into the minutes by stating that he/she desires to go on the record. These remarks shall be entered into the minutes by the Recording Secretary by way of synopsis or verbatim record, if required by a member. ROLES AT MEETING: On the majority of agenda items, if not all items, the time for direct citizen input, comments and questions will be immediately after the City Staff report and/or presentation. During this time period, every member of the public desiring to speak shall address the presiding officer (by raising a hand or standing up) and upon recognition, shall confine their remarks to the issue under consideration. The presiding officer shall let all present speak once before permitting persons to speak again on the same subject. Immediately after citizen input is finished on the issue, the members of the Planning Commission take turns addressing the issue. Any Planning Commission member may recognize a member of the public for the purpose of asking question(s) relating to the matter under consideration by the Council. Members of the Planning Commission must use judgment and discretion when recognizing members of the public to answer a question during the time they have the floor. tG1304.3 Members of the general public, interested parties or their authorized representatives may address the Planning Commission by written communications in regard to matters under discussion. Written communications may be read aloud at the meeting if so requested by the author and will become part of the record. The communication(s) shall be read by the presiding officer or her/his designee. tf)1304.4 One member of the Planning Commission shall serve as the Chair and one as Vice- Chair. The Vice-Chair shall preside at all meetings when the Chair is absent from the meeting. When the Vice-Chair is presiding at the meeting he/she shall assume the authority and responsibility of the presiding officer at the meeting. (€t304.5 If in the event the Chair and Vice-Chair are absent, the Director of Planning shall call the meeting to order and preside until such a time that the Planning Commission elects I Document3 8 among itself a member to preside at the meeting. After a member of the Planning Commission has been selected to preside over the meeting, the Planning Director shall step down. The presiding officer, at all times, shall be allowed to vote in the same manner as all other Commissioners. tF)304.6 The presiding officer has two unique powers: interpreting and applying the rules of procedure; and recognizing speakers from the audience. That official shall have the obligation to be impartial and objective in conducting the meeting. fG1304.7 The presiding officer shall open all public hearings at the predetermined time and date. The presiding officer shall, for informational purposes, state the purpose of the hearing or read the public notice calling for the hearing into the record of the meeting proceedings. fMj304.8 The presiding officer shall recognize all speakers from the audience, except when a member of the Planning Commission has the floor and they expressly recognize a member of the audience who desires to speak on the issue under consideration. tl1304.9 The presiding officer has the responsibility to facilitate discussion by the Planning Commission. This may occur in a variety of ways, including: . Interpret and apply rules of procedure . Decide whether motions are properly made. . Decide whether motions are in order. . Decide whether questions of special privilege ought to be granted. . Decide when to recognize speakers. . Call for motions or recommend motions. . Expel disorderly persons from the meeting. . Enforce speaking procedures. fJt304.1 If a motion is unnecessary, unsuitable for consideration, and/or proposed at an inopportune time for the purpose of delaying or embarrassing other, the presiding officer may rule the motion out of order on her/his own initiative. ~304.2 The presiding officer is responsible for maintaining order at the meetings. Although meetings must be open to the public, no person who is noisy or unruly has a right to remain in the Council Chambers. When individuals abuse their rights to be present, the presiding officer, subject to overrule by the Planning Commission, can order their removal from the room. SECTION & 305: PUBLIC HEARING FORMAT: Public hearings shall be conducted in the following manner: 305.1 The Chair presiding officer calls the public hearing to order and declares the time of opening.- 4-:-305.2 It is the intent of the Planning Commission to open all public hearings at the predetermined and published time. From a practical standpoint, not all hearings can be opened at their designated time. The presiding officer may delay the start of a hearing until the business at hand is acted upon, in any manner, by the Planning Commission. ffiHowever, in no circumstances can a hearing be opened prior to the predetermined and published time. Document3 9 2,.305.3 The presiding officer shall read, from the hearing notice, the details on the hearing sufficient to provide the public a general understanding of the purpose and procedures for the hearing and the fact that the hearing is their exclusive or primary opportunity to provide input to the city on the subject. 3. The Reoording Seoretary shall pass out to the audienoe a sign up sheet '/:ith oolumns for name, address, and phone number. This sheet shall become part of the public hearing reoord. -1. The presiding officer announoes that input 'J.'i11 no'.\' be reoeived from the oitizens. Formal input inoludes the name and address of the speaker delivered from the podium. 5. The prooedure for publio hearings shall be as follo'Ns: . Staff shall make a presentation or report on the subject matter. · If applioable, the applicant makes a presentation or report on the subject matter. . The presiding officer shall ask for citizen input, comments and questions. The presiding officer shall faoilitate this portion of the meeting. · The Planning Commission shall address the subject matter through deliberation, questions to oitizens and staff, reactions and statements of position on the subject. 6. The presiding officer oloses the public hearing and states the time that the hearing is olosed or continues the public hearing (soo 8 bo!ow). 7. The Planning Commission should take action on the application before them in the form of a motion by resolution. 10-1 owever, the Commission may formulate a recommendation whioh outlines the parameters under which an approval would be granted. The reasons and conditions shall be stated in the motion or resolution for appro'Jal or denial. Continuation of an action may ocour in the event insuffioient information is present to make a deoision. The Planning Commission shall delineate the missing information before continuing the item. 8. If the Planning Commission deoides to oontinue the deliberation on the subject matter of a hearing, the presiding officer in consultation with the Director of Planning shall select a time and date during a future speoified regularly soheduled meeting to reopen the hearing for further deliberation and possible action subject to the discretion of the city council to reopen and continue the public hearing by majority vote. . No additional publioation or notioe requirements are needed if a hearing is continued to a later date. . In the e'/ent that an issue is denied, the applicant has the option to appeal the decision of the Planning Commission to the City Council. The process of appeal begins when the applicant contacts the Director of Planning during regular office hours to schedule the appeal before the City Counoil. The chair should ad'.(ise an applioant of the applioable time limits for appeal. SECTION 7 OFFICERS: ^) Offioers The Chair shall be nominated from among the Commission's membership and shall be elected by majority \(ote prior to the first meeting in September. The term of the ohair shall begin in September and run for t\"l0 years. The City Planning staff shall serve as seoretary of the Commission. I D0cument3 10 8) ~ the duties of the Chair include: 1. Approval of meeting agendas. 2. Presiding at meetings. 3. Partioipating ','lith the City Council in the selection of Commission members. ~. Semi annual reporting to the City Council on all information collected under Seo. 2 3 -1 and shall give an aocounting of its activities and any information the Commission may oonsider rele':ant before the City Counoil or as directed otherwise 6. Representation of the Commission as appropriate. C) Vice Chair The 'lice Chair shall be selected annually by the Commission and shall perform the duties of the Chair in his/her absenoe. The Vice Chair shall assume such other duties as assigned by the Chair. D) Seoretarv The City Manager or his/her designee shall act as the Secretary and shall be responsible for reoording and oompiling a written summary of all offioial activities of the Commission. E) I\ooointment The oommission shall oonsist of members appointed by the Prior Lake City Council for a term of three (3) years. Newly appointed members may be required to serve an apprentioeship as set forth in 2 3 1. The oommission shall be representative of the oitizens who live in Prior Lake. Commission members may serve additional terms upon approval by the Prior Lake City Council, based upon satisfactory attendanoe and participation, oontinued residenoe in Prior Lake and in accordance with the term limits policy established by the City Council. F) Vaoanoies If the offioe of Chair becomes vaoant the Planning Commission shall appoint a replacement as set forth in Section 7 A If the Office of Vice Chair becomes vacant, the Commission shall elect a successor from its membership at the next regular meeting, and suoh election shall be for the unexpired term of said offioe. Should a member resign, or other\".(ise vacate a seat on the Commission, Prior Lake City Council shall appoint a replacement to complete the term. The selection of the Chair or Commission member ,,":ill be filled in accordanoe 'l.(ith City Council Byla'.vs. G) Performance Criteria Annually the Committee shall perform a written self o'Jaluation on the following: 1. Implementation of the Preamble. 2. I\chievement of Goals and Objectives. 3. Complianoe with Bylaws. 4. Formulation of proposals and recommendations and o'/erall accomplishments. 5. Visitation of subject sites as applioable. 6. Annual personal attendance record of at least 75%. The Committee shall forward this evaluation to a re':iew committee comprised of the staff member assigned to the Committee, City Manager, Mayor, and one member of the City Counoil. The re'/iew committee shall present this report and any additional oomments to the COl;lnoil by the first '.\leek of Deoember for action and recommendation at the annual meeting in accordance with the COl;lncil Bylaws. j..I) Term limit It is the polioy of the Prior Lake City Council to impose a three term (or Q year) servioe limitation for all appointed positions 'l.(ithin the committees and commission. Partial terms do not oount to\'/ard the term limitation. The purpose of the term limit policy is to encourage resident partioipation on City advisory bodies and provide oommunity members with the opportunity to participate in their local government. Document3 11 I) Conflict of Interest Ii. member shall refrain from disoussing, voting on, or in any manner taking part in an action or aeoision of the Planning Commission: 1. The member has, or reasonably expects to have during the member's term of office, a direct interest in the outoome of the action or deoision, unless the e~ct of the action or deoision on the member's interests 'l:ould be no greater than its e~ct on other persons or property similarly situated; or 305.4 Staff and/or a consultant make a presentation or report on the subject matter for the hearing. 2. The member has a direct or indirect interest in any sale, lease, or contract that is the subject of the action or deoision, exoept as expressly permitted under state la'.'."6 governing munioipal contracts. 305.5 The presiding officer asks Planning Commission members if they have questions of the staff or consultant, if any. If a conflict involves the presiding offioer, in addition to refraining from partioipation in the action or decision as provided in this section, the presiding officer shall disqualify him/herself from the duties of presiding officer and shall pass the ga'.(el to the Vice Chair or to any member v:ho has no conflict. The presiding officer may resume the chair once the issue has been dispatohed. 305.6 The presiding officer requests a motion and second to open the public hearing. The section shall be oonstrued and interpreted according to Minnesota statutes and case la\':. 305.7 The presiding officer announces that input will be received from the citizens. Formal input includes the name and address of the speaker delivered from the podium. (J) Code of Conduct Committee members will adhere to the following: 305.8 After all persons have been heard, the presiding officer requests a motion to: 1. close the public hearing and the Planning Commission votes on the motion. Once the vote is taken, the hearing is closed for the record, or 2. continue a public hearing. If the Planning Commission votes to continue the hearing, the presiding officer, in consultation with the Planning Director and Planning Commission, shall select and announce a time and date certain for the continued public hearing. No additional publication or notice requirements are needed if a hearing is continued to a later date. However, no public hearing may be continued more than once without re-notice and publishing the time, date and location of the hearing. 1. Commission member's opinions pertaining to a function, organization or specific application or issue shall not be given to the public or media unless there is a clear qualification that the opinion is that of the member and not the offioial opinion of the Committee or the City. If a Committee member gives or represents the opinions of the Committee, he/she shall do so only after receiving the official direction from the Committee. 305.1 The Planning Commission addresses the subject matter through deliberation, questions to citizens and staff, and reactions and statement of position on the subject. 2. The conduct of Commission members shall reflect positively upon the Commission, individual member and City. 305.2 If the public hearing is closed, the Planning Commission should take action on the application before them in the form of a motion by resolution. However, the Commission may formulate a recommendation which outlines the parameters under which an approval would be granted. The reasons and conditions shall be stated in the I Document3 12 motion or resolution for approval or denial. Continuation of an action may occur in the event insufficient information is present to make a decision. The Planning Commission shall delineate the missing information before continuing the item. 3. Commission members shall avoid any actual or apparent impropriety. (K) Amendments These bylaws shall be re'liev:ed by the Commission annually. The Commission may recommend revised Bylaws to the City Counoil for approval.306: QUORUM AND VOTING: At each meeting a majority of all the members appointed, at least three out of five, shall constitute a quorum for the transaction of business. The voting options available to the Planning Commission when a vote has been initiated are: aye (affirmative); nay (negative vote); and a qualified abstention. When a vote is to be taken, the presiding officer shall first call for the ayes, then the nays, and if applicable, shall call for abstentions. The votes of each member shall be recorded in the minutes. If a member of the Planning Commission is absent during a vote, the member's vote for the official minutes shall read as "absent". SECTION 400: MOTIONS AND RESOLUTIONS 401: The Planning Commission may take formal action in one or two methods - motions, or resolutions. All motions in any form require a second unless otherwise stated below. All votes of the Planning Commission in any of the two methods require a majority vote for approval unless otherwise specified below or prescribed by statute. 802: MOTIONS: A motion is a matter of parliamentary procedure. Motions are a formal method of bringing business before the Commission and for stating propositions on which a decision will have to be made. It also can be used in the form of a proposal so that the Planning Commission can act by resolution. Motions may be used to introduce resolutions, to amend them, and to take any other actions concerning them. Motions may also be used for action on simple administrative acts, such as approving the monthly department reports, or directing the Planning staff. Every motion shall be stated in full and be reasonably understood, to the extent practical, before it is submitted to a vote by the presiding officer. 803: RESOLUTIONS: Resolutions are normally used to reflect the Planning Commission position on items of business that do not require or warrant an ordinance. Resolutions may be enacted on a motion, which has been duly seconded, and received majority vote. The Planning Director will maintain a record of all resolutions and will be responsible for the proper numbering and execution of each resolution adopted by the Planning Commission. 803.1 Notwithstanding other instances where resolutions may be needed, resolutions are required to authorize the execution of any contract exceeding $25,000 or as otherwise specified in the City's Purchasing Policy. I Document3 13 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 PLANNING COMMISSION BYLAWS ADOPTED MAY 16. 1994 Amended January 3, 1995 Amended June 19, 1995 Amended January 2, 1996 Amended January 6, 1997 Amended February 16, 1999 Amended June 7, 1999 Amended June 26. 2006 SECTION 100: PURPOSE 101: The purpose of the Planning Commission bylaws is to provide the members of the Planning Commission with a set of operating procedures designed to guide them during the Planning Commission meetings, and to establish a code of ethics and conduct. 102: The Bylaws shall be reviewed annually by the Planning Commission, and any changes or amendments agreed to by a majority vote of the Commission shall be recommended to the City Council for adoption at its annual meeting. The City Council conducts is annual meeting as the first meeting in January of each year. SECTION 200: STRUCTURE OF COMMISSION 201 : COMMISSION CREATED: A Planning Advisory Commission is hereby created for the City, its purpose to be of an advisory nature to the City Council and staff on issues related to zoning and development. Said Planning Advisory Commission shall be composed of five (5) members, appointed by the City Council. Only residents of the City shall be considered for appointment. Said members shall serve for three (3) years from November 1 st to October 31st. The members of the Planning Advisory Commission shall annually elect officers in accordance with the procedures of paragraph 205 herein. 202: DUTIES OF THE COMMISSION: The duties of the Planning Advisory Commission are as follows: 1. To acquire and maintain in current form such basic information and background data that is necessary to an understanding of past trends, present conditions and forces at work to cause changes in these conditions. 2. With the advice of the City Planning Director, to prepare, draft and recommend amendments to the Comprehensive Plan for review by the City Council. www.cityofpriorlake.com 1:lAdvbodysIPIanningAclvisoryCommissionIPCLAWS06.DOCPhone 952.447.4230 / Fax 952.447.4245 1 3. To recommend policies to the City Council for guiding action affecting development. 4. To determine whether specific proposed developments conform to the principles and requirements for the Comprehensive Plan and City ordinances. 5. To kepp the City Council and the general public informed and advised as to all planning and development matters. 6. To review and make reeommendations to the City Couneil on ~Ianned unit development and subdivision proposals. 7. To hold public hearings for subdivision, planned unit developments and rezoning applications and furnish the City Council with information and recommendations of such hearings. 8. To prepare and submit to the City Council within sixth (60) days after the end of the calendar year, a summary report of all variances granted to applicants from January 1 through December 31 of that calendar year. The summary report shall contain such information as deemed necessary and requested by the Council. 203: APPOINTMENT: The Commission shall consist of members appointed by the Prior Lake City Council for a term of three (3) years. The Commission shall be representative of the citizens who live in Prior Lake. Commission members may serve additional terms upon approval by the Prior Lake City Council, based upon satisfactory attendance and participation, continued residence within the corporate limits of the City of Prior Lake, and in accordance with the term limit policy established herein. 204: VACANCIES: If the office of Chair becomes vacant, the Planning Commission shall appoint a replacement as set forth in paragraph 205 herein. If the office of vice-chair becomes vacant, the Planning Commission shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office. If an appointed member of the Planning Commission resigns, is terminated, reaches a term limit, or otherwise vacates a seat of the Commission, the Prior Lake City Council shall appoint a replacement in the following manner: (1) Applications are solicited. A Notice of the vacancy is made public and individuals may be encouraged to consider the position. (2) The City Manager or his designee, the City Council member who has been appointed as the liaison to the advisory authority, or who has been appointed to serve on the work group, and the committee chair (unless the appointment is the committee chair appointment or re-appointment, or in the case where no chair has been determined) shall interview all candidates and make a recommendation to the full City Council. No person will sit on any advisory authority charged with the selection of the successor for that person. (3) The recommendation of the interview panel shall be presented to the City Council and the Council may accept or reject the recommendation. If the recommendation is rejected, the City Council shall appoint another individual or decide to reopen the vacancy to the public for new candidates. 205: OFFICERS: The Planning Commission shall elect from among its membership a chair, and vice-chair. It shall also appoint a Planning staff member to serve as secretary of the Commission. I:\AdvbodyslPlanning Advisory CommissionlPCLA W506.DOC 2 Chair: The Chair shall be elected by majority vote of the Planning Commission prior to the first meeting in November. The term of the chair shall begin in November and run for three years. The duties of the chair shall include approval of meeting agendas, presiding at meetings, participating with the City Council in the selection of Commission members, semi-annual reporting ot the City Council on all information collected under paragraph 202 and shall give an accounting of its activities and any information the Commission may consider relevant before the City Council annually or as directed otherwise. Vice-Chair: The vice-chair shall be selected annually by the Commission and shall perform the duties of the Chair in his/her absence. The vice-chair shall assume such other duties as assigned by the chair. Secretary: The City Manager or his/her designee shall act as the Secretary and shall be responsible for recording and compiling a written summary of all official activities of the Planning Commission. 206: TERM LIMIT: It is the policy of the Prior Lake City Council to impose a three term (9 year) service limitation for all appointed positions to the Planning Commission. Partial terms do not count toward the term limitation. The purpose of the term limit policy is to encourage resident participation on City advisory bodies and provide community members with the opportunity to participate in their local government. 207: PERFORMANCE CRITERIA: Annually the Commission shall perform a written self- evaluation on the following: · Implementation of the Commission's purpose, · Achievement of goals and objectives, · Compliance with bylaws, · Formulation of proposals and recommendations and overall accomplishments, · Visitation of subject sites as applicable, and · Annual personal attendance record of at least 75%. The Commission shall forward this evaluation to a review committee comprised of the Planning Director, the City Manager, the Mayor, and the City Council member appointed liaison to the Commission. The review committee shall present this report and any additional comments to the Council by the first week of December for action and recommendation at the annual meeting in accordance with the City Council bylaws. 208: REMOVAL OF MEMBER: Any member of the Planning Advisory Commission may be removed from office for just cause by a two-thirds (2/3) vote of the entire City Council. Such member shall be entitled to a public hearing before such a vote is taken. In addition, any member may be removed for nonattendance at Planning Commission meetings by action of the City Council. 209: CODE OF CONDUCT: Commission members will adhere to the following: (1) Commission member's opinions pertaining to a function, organization or specific application or issue shall not be given to the public or media unless there is a clear I:lAdvbodyslPlanning Advisory CommissionlPCLA WS06.DOC 3 qualification that the opinion is that of the member and not the official opinion of the Commission or the City. If a Commission member gives or represents the opinions of the Commission, he/she shall do so only after receiving the official direction from the Commission. (2) The conduct of Commission members shall reflect positively upon the Commission, individual member, and the City. (3) Commission members shall avoid any actual or apparent impropriety. 210: CONFLICT OF INTEREST: A member shall refrain from discussing, voting on, or in any manner taking part in an action or decision of the Planning Commission in which the member has, or reasonably expects to have during the member's term of office, (a) a direct interest in the outcome of the action or decision, unless the effect of the action or decision on the member's interests would be no greater than its effect on other persons or property similarly situated, or (b) a direct or indirect interest in any sale, lease, or contract that is the subject of the action or decision, except as expressly permitted under state laws governing municipal contracts. If a conflict of interest involves the presiding officer, in addition to refraining from participation in the action or decision as provided in this section, the presiding officer shall disqualify him/herself from the duties of presiding officer and shall pass the gavel to the vice-chair or to any member who has no conflict. The presiding officer may resume the chair once the issue has been dispatched. SECTION 300: CONDUCTING MEETINGS 301: MEETING SCHEDULE: The Planning Advisory Commission will meet on the second and fourth Monday of each month, or at such other time as may be deemed necessary, providing adequate notice is furnished of the public meeting. 302: AGENDA AND MEETING FORMAT: Business of the meeting will be conducted according to the Agenda prepared by the Planning Director. Unless extreme circumstances exist, the Planning Director shall deliver the completed agenda packets by Thursday prior to the meeting date. To meet this schedule the Planning Director shall adhere to the submittal deadlines established by staff at the beginning of each year. A memo, report, or brief explanation of each agenda item shall be included in the Planning Commission agenda packet. The information provided by staff should serve to inform the Planning Commission of the subject matter under discussion. The information should explain in detail the staff comments or work, or state that the staff will present the necessary details and comments at the meeting. The meeting agenda will be prepared according to the following: 1. Call to Order 2. Roll Call 3. Approval of Minutes 4. Hearings 5. Old Business I:\AdvbodysIP1anning Advisory CommissionIPCLAWS06.DOC 4 6. New Business 7. Announcements / Correspondence 8. Adjournment 303: MINUTE PREPARATION: The Planning Director, or his/her designee, is responsible for the minutes of the meeting. The meeting proceedings will be taped, recorded and transcribed by the Recording Secretary or a designated representative from staff. The following two requirements for minute preparation will be adhered to: 1. All motions will be typed in capital letters 2. Names of the commissioners will be listed after their vote on the motion. The official minutes shall be prepared and presented to the Planning Commission at the next regularly scheduled meeting. The minutes shall be reviewed by the Planning Commission and the presiding officer shall call for any additions or corrections. If an addition or correction is presented, the change must be specific as to place, paragraph, and sentence. Approval of the minutes so modified requires a motion, second and a majority vote of the members present at the meeting. If there are no corrections, the presiding officer shall state "the minutes are approved as read.". The Director of Planning is responsible for the maintenance and filing of the minutes. The following procedure will be used in filing of the minutes: 1. All minutes of the Planning Commission will be kept on file in the office of the City Planner in a hard copy, on microfilm, or in digital format. Written meeting minutes adopted by the Planning Commission are permanent records. 2. All the audio taped proceedings, excluding public hearings, must be kept for a minimum of one year from the date of recording. 3. All audio taped proceedings that include public hearings must be kept for seven years from the date of recording. 4. All meetings video taped for the purposes of re-broadcast on the City's local cable channel will not be retained outside of their use for re-broadcasts. A copy of the minutes of the meeting shall be distributed together with the agenda for the upcoming meeting. The minutes and Planning Commission Agenda will be distributed to the Mayor and City Council members, Planning Commission members, selected City staff, and selected residents and individuals indicated on the mailing list kept by the Planning Department Secretary. Remarks made by a member of the Planning Commission may be entered into the minutes by stating that he/she desires to go on the record. These remarks shall be entered into the minutes by the Recording Secretary by way of synopsis or verbatim record, if required by a member. 304: 304.1 ROLES AT MEETING: On the majority of agenda items, if not all items, the time for direct citizen input, comments and questions will be immediately after the City Staff report and/or presentation. During this time period, every member of the public desiring to speak shall address the presiding officer (by raising a hand or standing up) and upon recognition, shall confine their remarks to the issue under consideration. The presiding officer shall let all present speak once before permitting persons to speak again on the same subject. 1:\AdvbodyslPlanning Advisory CommissionlPCLA W506.DOC 5 304.2 Immediately after citizen input is finished on the issue, the members of the Planning Commission take turns addressing the issue. Any Planning Commission member may recognize a member of the public for the purpose of asking question(s) relating to the matter under consideration by the Council. Members of the Planning Commission must use judgment and discretion when recognizing members of the public to answer a question during the time they have the floor. 304.3 Members of the general public, interested parties or their authorized representatives may address the Planning Commission by written communications in regard to matters under discussion. Written communications may be read aloud at the meeting if so requested by the author and will become part of the record. The communication(s) shall be read by the presiding officer or her/his designee. 304.4 One member of the Planning Commission shall serve as the Chair and one as Vice- Chair. The Vice-Chair shall preside at all meetings when the Chair is absent from the meeting. When the Vice-Chair is presiding at the meeting he/she shall assume the authority and responsibility of the presiding officer at the meeting. 304.5 If in the event the Chair and Vice-Chair are absent, the Director of Planning shall call the meeting to order and preside until such a time that the Planning Commission elects among itself a member to preside at the meeting. After a member of the Planning Commission has been selected to preside over the meeting, the Planning Director shall step down. The presiding officer, at all times, shall be allowed to vote in the same manner as all other Commissioners. 304.6 The presiding officer has two unique powers: interpreting and applying the rules of procedure; and recognizing speakers from the audience. That official shall have the obligation to be impartial and objective in conducting the meeting. 304.7 The presiding officer shall open all public hearings at the predetermined time and date. The presiding officer shall, for informational purposes, state the purpose of the hearing or read the public notice calling for the hearing into the record of the meeting proceedings. 304.8 The presiding officer shall recognize all speakers from the audience, except when a member of the Planning Commission has the floor and they expressly recognize a member of the audience who desires to speak on the issue under consideration. 304.9 The presiding officer has the responsibility to facilitate discussion by the Planning Commission. This may occur in a variety of ways, including: . Interpret and apply rules of procedure . Decide whether motions are properly made. . Decide whether motions are in order. . Decide whether questions of special privilege ought to be granted. . Decide when to recognize speakers. . Call for motions or recommend motions. . Expel disorderly persons from the meeting. . Enforce speaking procedures. 304.1 If a motion is unnecessary, unsuitable for consideration, and/or proposed at an inopportune time for the purpose of delaying or embarrassing other, the presiding officer may rule the motion out of order on her/his own initiative. I:\AdvbodysIPIanning Advisory CommissionIPCLAWS06.DOC 6 304.2 The presiding officer is responsible for maintaining order at the meetings. Although meetings must be open to the public, no person who is noisy or unruly has a right to remain in the Council Chambers. When individuals abuse their rights to be present, the presiding officer, subject to overrule by the Planning Commission, can order their removal from the room. 305: PUBLIC HEARING FORMAT: Public hearings shall be conducted in the following manner: 305.1 The presiding officer calls the public hearing to order and declares the time of opening. 305.2 It is the intent of the Planning Commission to open all public hearings at the predetermined and published time. From a practical standpoint, not all hearings can be opened at their designated time. The presiding officer may delay the start of a hearing until the business at hand is acted upon, in any manner, by the Planning Commission. However, in no circumstances can a hearing be opened prior to the predetermined and published time. 305.3 The presiding officer shall read, from the hearing notice, the details on the hearing sufficient to provide the public a general understanding of the purpose and procedures for the hearing and the fact that the hearing is their exclusive or primary opportunity to provide input to the city on the subject. 305.4 Staff and/or a consultant make a presentation or report on the subject matter for the hearing. 305.5 The presiding officer asks Planning Commission members if they have questions of the staff or consultant, if any. 305.6 The presiding officer requests a motion and second to open the public hearing. 305.7 The presiding officer announces that input will be received from the citizens. Formal input includes the name and address of the speaker delivered from the podium. 305.8 After all persons have been heard, the presiding officer requests a motion to: 1. close the public hearing and the Planning Commission votes on the motion. Once the vote is taken, the hearing is closed for the record, or 2. continue a public hearing. If the Planning Commission votes to continue the hearing, the presiding officer, in consultation with the Planning Director and Planning Commission, shall select and announce a time and date certain for the continued public hearing. No additional publication or notice requirements are needed if a hearing is continued to a later date. However, no public hearing may be continued more than once without re-notice and publishing the time, date and location of the hearing. 305.1 The Planning Commission addresses the subject matter through deliberation, questions to citizens and staff, and reactions and statement of position on the subject. 305.2 If the public hearing is closed, the Planning Commission should take action on the application before them in the form of a motion by resolution. However, the Commission may formulate a recommendation which outlines the parameters under which an approval would be granted. The reasons and conditions shall be stated in the motion or resolution for approval or denial. Continuation of an action may occur in the I:lAdvbodys\P1anning Advisory Commission\PCLAWS06.DOC 7 event insufficient information is present to make a decision. The Planning Commission shall delineate the missing information before continuing the item. 306: QUORUM AND VOTING: At each meeting a majority of all the members appointed, at least three out of five, shall constitute a quorum for the transaction of business. The voting options available to the Planning Commission when a vote has been initiated are: aye (affirmative); nay (negative vote); and a qualified abstention. When a vote is to be taken, the presiding officer shall first call for the ayes, then the nays, and if applicable, shall call for abstentions. The votes of each member shall be recorded in the minutes. If a member of the Planning Commission is absent during a vote, the member's vote for the official minutes shall read as "absent". SECTION 400: MOTIONS AND RESOLUTIONS 401: The Planning Commission may take formal action in one or two methods - motions, or resolutions. All motions in any form require a second unless otherwise stated below. All votes of the Planning Commission in any of the two methods require a majority vote for approval unless otherwise specified below or prescribed by statute. 802: MOTIONS: A motion is a matter of parliamentary procedure. Motions are a formal method of bringing business before the Commission and for stating propositions on which a decision will have to be made. It also can be used in the form of a proposal so that the Planning Commission can act by resolution. Motions may be used to introduce resolutions, to amend them, and to take any other actions concerning them. Motions may also be used for action on simple administrative acts, such as approving the monthly department reports, or directing the Planning staff. Every motion shall be stated in full and be reasonably understood, to the extent practical, before it is submitted to a vote by the presiding officer. 803: RESOLUTIONS: Resolutions are normally used to reflect the Planning Commission position on items of business that do not require or warrant an ordinance. Resolutions may be enacted on a motion, which has been duly seconded, and received majority vote. The Planning Director will maintain a record of all resolutions and will be responsible for the proper numbering and execution of each resolution adopted by the Planning Commission. 803.1 Notwithstanding other instances where resolutions may be needed, resolutions are required to authorize the execution of any contract exceeding $25,000 or as otherwise specified in the City's Purchasing Policy. I:lAdvbodys\P1annins AdviJory CommissionlPCLA W506.DOC 8