HomeMy WebLinkAboutPCStandingRulesPlanning Commission 2/20/09 ITEM: Review of Planning Commission Policies and Procedures SUBMITTED BY: Deborah Jones, Zoning and Planning Director REVIEWED BY: Justin Miller, City Administrator
Background: The attached policies and procedures documents are provided to planning commissioners for reference in support of any work that may come to the commission this year. These
documents were extensively reviewed and updated last year, so no additional review or revision is requested at this time, unless the Commission sees the need for additional changes.
Staff recommends that commissioners add these documents to their code binders or computer files for future reference. Attachments: ?? Falcon Heights Planning Commission Standing Rules,
February 26, 2008. ?? Planning Commission Policies (Title: “B. Planning Commission”) from the Falcon Heights Administrative Manual and City Policies ?? Falcon Heights City Code, Chapter
2 Administration ?? Sikkink’s Seven Motion System Action Requested: None City of Falcon Heigh?ts Planning Commission, February 24, 2009 Page 1 of 1 Staff Report: Planning Commission
Standing Rules and Policies
FALCON HEIGHTS PLANNING COMMISSION PLANNING COMMISSION STANDING RULES February 26, 2008 INTRODUCTION In the belief that the best decisions are made by the best informed decision makers
and that the public decision process is best served when the public has every opportunity to present views, the following rules are established to govern regular and special commission
meetings as well as formal public hearings. There are several goals behind these rules. 1. In general, free and open discussion by all interested parties should be an essential part
of the decision making process. 2. The commission process should have as little procedural overhead as possible. 3. Time is better spent on substantial matters rather than proforma matters.
MEMBERSHIP The formal commission membership consists of seven to nine appointed commissioners. All seven to nine have one vote each and all can introduce motions. For purposes of leading
the meeting, the chair, or in the absence of the chair, the vice-chair will be considered the the chairperson. In the absence of the chair and vice-chair, the Commission shall name an
acting chair for the duration of the meeting. RULES Agenda 1. To be considered, an item must be on the agenda and the agenda must be distributed to all the commission members and any
other persons having responsibility for an item at least three working days prior to the meeting. Distribution may be made by electronic media, including the city website. An agenda
can be modified with addenda by a majority vote but this should be used only for minor items or items with extreme time constraints. 2. Since there will be audience and possibly cable
TV viewers not familiar with each item, the chair, or person appointed by the chair, will give a brief explanation of each item as it is addressed.
Page 2 Planning Commission Standing Rules 3. The order of items on the agenda need not be followed absolutely. The chair may adjust the order in the interest of: a. Filling in time before
a scheduled item, i.e., a public hearing. b. Grouping several items to best make use of consultant time. c. Accommodating individuals who have attended the meeting specifically to provide
input on an item. Process -Regular and Special Planning Commission Meetings 1. For these proceedings the commission will use the 'open discussion' procedure. That is, discussion is open
to any member before or after a motion is made. This privilege is also extended to the city planner and any of the consultants who may have an interest in or can contribute to the item
at hand. 2. At the discretion of the chair, this privilege is also extended to those members of the audience who wish to provide input. The chair may also rule out of order any input
felt to be redundant, superfluous or irrelevant. 3. The chair can make liberal use of the "unanimous consent" procedure. That is, items that in the judgment of the chair are likely to
be unanimously approved, can be introduced for approval with the statement "If there are no objections, ... stands approved (or denied)." If any commissioner has an objection, then the
item reverts to the standard motion procedure. This "unanimous consent" procedure cannot be used for items requiring formal votes, i.e. resolutions. 4. The standard motion procedure
is changed to not require a second. A motion need only be made to be considered. This also applies to amendments. 5. To eliminate confusion, only one amendment will be considered at
a time and that amendment must be germane to the motion. An amendment cannot itself be amended. If a change to an amendment is deemed appropriate, the amendment should be withdrawn and
reintroduced accordingly. 6. The general mode of voting will be by acclamation but with enough clarity that the individual votes can be recorded in the minutes. If in doubt, the secretary
can request a clarification.
Page 3 Planning Commission Standing Rules 7. The meeting will be electronically recorded and the recording will be retained for at least 6 months following approval of the minutes for
that meeting and shall, if possible, be made accessible on the city website during that period. The standard retention can be extended if in the judgment of the city planner such action
is warranted. 8. If the commission action is the result of a resident request and that request is denied in whole or in part, reasons of fact supporting the denial will be made part
of the public record. 9. No commission meeting will extend beyond 10:00 P.M. except by unanimous vote. This rule is not subject to the modification or suspension provisions of the Standing
Rules. Process -Public Hearings Since a public hearing is a more formal procedure and often requires certain procedures and actions to be legal, the meeting rules are changed accordingly.
1. The primary aim of a public hearing is to take input from the public. To accomplish this in the most effective manner the chair will introduce the hearing with an explanation of the
issues. This explanation will be given by the chair or a person designated by the chair. The use of explanatory visual aids is encouraged. 2. Following the explanation, input from the
public will be taken. Prior to accepting input, though, the chair will state the areas where input will be appropriate, the maximum time to be allotted to any individual presenter and
any other procedural rules deemed appropriate to guarantee that all concerned parties have a fair and adequate opportunity to be heard. 3. At the discretion of the chair, all individuals
wishing to speak must fill out and submit an identification form and speak into a recording microphone. Individuals not wishing to speak in public may provide a written statement. The
commission may take up to 15 minutes to review written statements presented at the meeting. If the commission decides to not act on the issue at the public hearing meeting, it may by
majority vote extend the time where written input will be taken to a day no later than 1 week before the next meeting where a deciding vote is planned. 4. All speakers are expected to
be business-like, to-the-point and courteous. Anyone not abiding by these rules will be considered out-of-order. 5. The commission will refrain from initiating a discussion during the
public input phase of the hearing except to clarify points brought up. These 'point of information' requests should be held to a minimum.
Page 4 Planning Commission Standing Rules 6. Once the public testimony phase is complete the chair will announce the public hearing to be closed and the commission will revert back to
its open discussion mode of operation. From this point on, public input will only be appropriate when solicited by the commission. 7. Voting on any motion that results from a public
hearing may be by roll call if requested by a commissioner. 8. It shall be the intent of the commission to vote on the issue at the same meeting as the public hearing and as close in
time to the public hearing as possible. Should it be necessary to defer voting until a later date, that procedure will be clearly explained to the audience. 9. No public hearing will
extend beyond 9:30 p.m. 10. If the motion contains conditions, as may occur in conditional use or variance requests, those conditions will be conveyed in writing to the requestor. 11.
If the public hearing is the result of a resident request and that request is denied in whole or in part, reasons of fact supporting the denial will be made part of the public record.
ADOPTION/MODIFICATION/SUSPENSION These rules with the exception of the mandatory 10:00 P.M. adjournment, can be adopted, modified or suspended in whole or in part by a 3/4 vote of the
commission. If suspended, they are automatically reinstated at the next meeting. Should they be suspended or a situation occurs that is not covered by the standing rules, Sikkink's Seven
Motion System (attached) will apply. ANNUAL REVIEW These rules will be reviewed annually in January. INTERPRETATION The chair will interpret the rules. However, the chair's interpretation
can be appealed by any commission member and can be overruled by a majority vote.
City of Falcon Heights Administrative Manual and City Policies Section II: Commissions B. PLANNING COMMISSION 1. Purpose. The commission shall be the city planning agency authorized
by Minnesota Statutes, Section 462.354, Subd. l, which includes guiding future development of land, services, and facilities to ensure a safe, pleasant and economical environment for
residential, commercial, and public activities; and to promote the public health, safety, and general welfare of the community by: a. establishing community objectives and policy; b.
making recommendations to the council regarding petitions and applications for rezoning, special use permits, etc. c. reviewing and making recommendations on all matters relating to
or affecting the physical development of the city. 2. Composition & Qualifications. The commission shall consist of not less than seven nor more than nine members to be appointed by
the mayor and approved by the council as follows: a. Members of the commission shall be appointed according to to their ability to contribute to and perform the functions, powers and
duties imposed upon the commission. b. Members of the commission shall be eligible voters residing within the city. 3. Terms, Vacancies, Oaths. The term of office of all commission members
shall be three years. Except for appointments to fill a vacancy, an appointment in any year shall be deemed effective as of January l of such year for purposes of computing the term.
No member shall serve more than two consecutive three year terms or more than eight consecutive years on the Planning Commission and until an existing term of office expires.
Members shall hold office until their successors are appointed. All members shall serve without compensation, but may be reimbursed for expenses as authorized and approved by the city
council. 4. Removal. Commission members shall be subject to removal for cause, by a four-fifths vote of the city council. Failure to attend meetings regularly shall be one basis for
removal. 5. Organization, Officers. Each commission shall elect a chairperson from among its appointed members for a term of one year. The commissions may create and fill such other
offices as determined necessary. 6. Meetings, Records, Reports. The commissions shall hold scheduled meetings, not less than one per calendar quarter. They shall adopt rules for the
transaction of business and shall keep written public records of resolutions, recommendations and findings. On or before February l5 of each year, the commissions shall submit to the
council work reports for the preceding calendar year. 7. Commission's Duties. In fulfillment of its purpose the commission's duties and responsibilities shall be to: a. exercise duties
given planning agencies by law and any duties conferred upon it by the zoning code and by the city council. b. periodically, but at least once every two (2) years, review the comprehensive
plan, any additions or amendments, and any capital improvement program the council has adopted to implement the plan; and if deemed necessary, revise the comprehensive plan, adopt the
amendments or the new comprehensive plan, amend the capital improvement program, and make recommendations to council.
Falcon Heights City Code, 2007 – Chapter 2: Administration Page 1 of 5 Chapter 2 ADMINISTRATION* __________ * State Law References: Statutory cities, Minn. Stats. ch. 412. __________
Article I. In General Secs. 2-1--2-18. Reserved. Article II. City Council Sec. 2-19. Election and term of office. Sec. 2-20. Salaries. Sec. 2-21. Workers' compensation. Secs. 2-22--2-45.
Reserved. Article III. Officers and Employees Secs. 2-46--2-63. Reserved. Article IV. Departments Secs. 2-64--2-84. Reserved. Article V. Finance Sec. 2-85. Fees and charges. Secs. 2-86--2-113.
Reserved. Article VI. Boards and Commissions Sec. 2-114. City commissions. Sec. 2-115. Duties, membership, terms, officers and meetings. Sec. 2-116. Human rights commission. Sec. 2-117.
Park and recreation commission. Sec. 2-118. Planning commission. Secs. 2-119--2-139. Reserved. Article VII. Background Checks Sec. 2-140. Purpose; procedures. ARTICLE I. IN GENERAL Secs.
2-1--2-18. Reserved. ARTICLE II. CITY COUNCIL* __________ * State Law References: City City council generally, Minn. Stats. § 412.191. __________ Sec. 2-19. Election and term of office.
Falcon Heights City Code, 2007 – Chapter 2: Administration Page 2 of 5 (a) City elections. The regular city elections shall be held on the first Tuesday after the first Monday in November
in each odd-numbered year. (b) Terms of mayor and councilmembers. The terms of offices of mayor and the four city councilmembers shall be four years. The councilmember terms shall be
staggered with two seats open each election. (Code 1993, § 2-1.01(A), (B)) State Law References: City elections and terms of office, Minn. Stats. § 412.02 et seq. Sec. 2-20. Salaries.
(a) Salary of mayor. The salary of the mayor shall be $450.00 per month. (b) Salaries of city councilmembers. The salary of each city councilmember shall be $300.00 per month. (Code
1993, § 2-1.01(C), (D); Ord. No. 0-99-08, 11-3-1999) State Law References: Authority to fix salaries of governing body, Minn. Stats. § 415.11. Sec. 2-21. Workers' compensation. Pursuant
to Minn. Stats. § 176.011, subd. 9, the elected officials of the city are hereby included in the coverage of the Minnesota Workers' Compensation Act (Minn. Stats. ch. 176). (Code 1993,
§ 2-1.01) Secs. 2-22--2-45. Reserved. ARTICLE III. OFFICERS AND EMPLOYEES* __________ * State Law References: City officers and employees generally, Minn. Stats. § 412.111 et seq.; municipal
officers and employees, Minn. Stats. ch. 418; vacancies, resignations and removals from public office, Minn. Stats. ch. 351. __________ Secs. 2-46--2-63. Reserved. ARTICLE IV. DEPARTMENTS
Secs. 2-64--2-84. Reserved. ARTICLE V. FINANCE
Falcon Heights City Code, 2007 – Chapter 2: Administration Page 3 of 5 Sec. 2-85. Fees and charges. Fees and charges imposed or required by the city shall be as established by resolution,
except as to such fees and charges as are required by state law to be established by ordinance. Any fee or charge fixed by ordinance as of the adoption date of this Code shall continue
in full force and effect even though not published in this Code until altered by resolution or ordinance as provided in this section. Secs. 2-86--2-113. Reserved. ARTICLE VI. BOARDS
AND COMMISSIONS Sec. 2-114. City commissions. The city council has established the following commissions: (1) Planning commission. (2) Human rights commission. (3) Park and recreation
commission. (Code 1993, § 2-4.01; Ord. No. 98-02, § 1, 4-8-1998) Sec. 2-115. Duties, membership, terms, officers and meetings. (a) Role of commissions; commissions composition. (1) The
commissions are designed to serve in an advisory capacity to the city council. (2) The city commissions shall consist of not less than seven and not more than nine members. The majority
of members shall be residents of the city, unless otherwise designated in the administrative manual. (b) Specific duties. Specific duties for each commission are included in the administrative
manual. (c) Terms, vacancies, oaths. (1) The term of office of all commission members shall be three years. Except for appointments to fill a vacancy, an appointment in any year shall
be deemed effective as of January 1 of such year for purposes of computing the term. No member shall serve more than two consecutive three-year terms unless otherwise specified in the
administrative manual.
Falcon Heights City Code, 2007 – Chapter 2: Administration Page 4 of 5 (2) Members shall hold office until their successors are appointed. All members shall serve without compensation,
but may be reimbursed for expenses as authorized and approved by the city council. (d) Removal. Commission members shall be subject to removal with or without cause, by a four-fifths
vote of the city council. Failure to attend meetings regularly shall be one basis for removal. (e) Chairperson; officers. Each commission shall elect a chairperson from among its appointed
members for a term of one year. The commissions may create and fill such other offices as determined necessary. (f) Meetings, records, reports. The commissions shall hold scheduled meetings,
not less than one per calendar quarter. They shall adopt rules for the transaction of business and shall keep written public records of resolutions, recommendations and findings. On
or before February 15 of each year, the commissions shall submit to the council work reports reports for the preceding calendar year. (Code 1993, § 2-4.02) State Law References: Minnesota
Open Meeting Law, Minn. Stats. ch. 13D. Sec. 2-116. Human rights commission. The purpose of the human rights commission is to secure for all citizens equal opportunity in employment,
housing, public accommodations, public services and education and full participation in the affairs of this community by advising the council on long range programs to improve community
relations in the city. (Code 1993, § 2-4.03) Sec. 2-117. Park and recreation commission. The park and recreation commission shall serve in an advisory capacity to the city council on
all policy matters relating to public parks and facilities and recreation programs. (Code 1993, § 2-4.04) Sec. 2-118. Planning commission. (a) The commission shall be the city planning
agency authorized by Minn. Stats. § 462.354, subd. 1. (b) The duties of the planning commission are: (1) To guide future development of land, services, and facilities; (2) To ensure
a safe, pleasant and economical environment for residential, commercial, and public activities; and
Falcon Heights City Code, 2007 – Chapter 2: Administration Page 5 of 5 (3) To promote the public health, safety, and general welfare of the community. (c) These duties are to be carried
out by: (1) Establishing community objectives and policy; (2) Making recommendations to the council regarding petitions and applications for rezoning, special use permits, etc.; (3)
Reviewing and making recommendations on all matters relating to or affecting the physical development of the city. (Code 1993, § 2-4.05; Ord. No. 98-02, § 3, 4-8-1998) Secs. 2-119--2-139.
Reserved. ARTICLE VII. BACKGROUND CHECKS Sec. 2-140. Purpose; procedures. The purpose of this article is to authorize the City of Falcon Heights acting through a police department to
conduct computerized criminal history and driver's license history background checks on employees, applicants for employment, volunteers and applicants for city licenses and other city
approvals. The city may conduct comprehensive background investigations, including but not limited limited to accessing data through other automated and non-automated sources and contacting
references. The city may periodically conduct a driver's license inquiry upon employees or volunteers where possession of a valid driver's license is an essential qualification of the
position. Before the investigation is undertaken, the person must authorize the police department in writing to undertake the investigation and to release the information to the city
administrator, and other city staff as appropriate. Should the city reject an applicant's request for employment due, partially or solely, to the applicant's prior conviction of a crime,
subject to the exception set forth in Minn. Stats. § 364.09, the city administrator shall notify the applicant in writing of the following: (1) The grounds and reasons for the denial;
(2) The applicable complaint and grievance procedure set forth in Minn. Stats. § 364.06; (3) The earliest date the applicant may reapply for employment; and (4) All competent evidence
of rehabilitation will be considered upon reapplication. (Ord. No. 06-05, § 1, 12-13-2006)
SIKKINK’S SEVEN MOTION SYSTEM General Rules for a Simplified System of Parliamentary Procedure 1. The purpose of this decision making system is to allow efficient decision making that
represents a majority position. Any motion, request, discussion or proposal, which seems to have as its purpose unreasonable delay, manipulation, or the goal of serving individual ends
rather than group ends, can be ruled out of order by the chair. Such a ruling by the chair will be subject to the motion called appeal. 2. Free and open discussions are valued in this
decision making system. For that reason, most motions are discussable and the motion to restrict discussion requires a 2/3 vote in order to pass. In recognizing persons for discussion,
the chair first recognizes the person who made the motion, next recognizes other persons and always recognizes a person who has not spoken over a person who has already participated
in the discussion. As far as possible, the chair should try to alternately recognize persons representing different viewpoints. 3. In examining the chart on the following page, you will
note that five of the seven motions are amendable. However, only one amendment at a time may be considered. As soon as that amendment is passed or defeated, another amendment may be
proposed. 4. The number in front of the motion listed indicates the rank of each motion. Thus, #1 – General motions are lowest in rank, and #7 – Restrict Debate motions are highest in
rank. Two rules apply: (1) You usually cannot consider two motions of the same rank at the same time, and (2) If a motion of one rank is being considered, a motion of the same rank or
lower rank is usually out of order, but a motion of higher rank is in order. While these rules generally apply, the chair may allow some flexibility in certain circumstances. These situations
almost always occur with motions #5, 6 and 7. For example, if #7 -“Restrict Discussion” is being discussed and a member wants a secret ballot vote on the matter, Request, while lower
in rank, could could be used to accomplish this purpose. The chair is allowed to make all decisions on exceptions, but all such decisions are subject to appeal.
Important Note: The previous page and the chart below are taken verbatim from the existing Administrative Manual of the City of Falcon Heights, now in revision. Please note that in the
chart, the motions were put in order of rank from highest (#1) to lowest (#7), the reverse of the text on the previous page. This discrepancy will be corrected in the revision. Motion
Purpose Applies To What Situations Needs Recognition Needs Second Can Be Discussed AmendableVote Required 1. Restrict Discussion To stop or limit discussion All discussable motions Yes
Yes Yes Yes 2/3 2. Appeal To let the group vote on a chair’s decision To decision of the chairperson No Yes Yes No Majority 3. Request Not a motion but a way to question, challenge,
or seek help Any appropriate situation No No No No Chair decides subject to appeal 4. Postpone To delay action on any general motion to a future time General motions Yes Yes Yes Yes
Majority 5. Refer To have a general motion studied by a committee General motions Yes Yes Yes Yes Majority 6. Meeting Termination To recess during a meeting or to end a meeting Made
to recess or adjourn Yes Yes Yes Yes Majority 7. General To bring up business for majority decisions by the group For doing business Yes Yes Yes Yes Majority