Editor's Note — Ord. no. 2007-23, adopted June 12, 2007,
repealed ch. 400 and enacted new provision set out herein. Former
ch. 400 derived from ord. no. 92-10 §§1 — 6, 10-20-1992;
ord. no. 99-11 §1, 5-25-1999.
[Ord. No. 2007-23 Art. 1 §§1
— 2, 6-12-2007]
A.
Powers And Duties. The purpose of these regulations is to
establish rules for the internal organization and procedures of operation
of the Planning Commission and for compliance with City of Lake Ozark
Municipal Codes and Missouri State Statutes.
B.
Commission. The function, powers and duties of the Planning
Commission are as authorized by City of Lake Ozark Municipal Codes
and Missouri State Statutes and by the existing ordinances and State
Statutes establishing the Planning Commission. The Planning Commission
shall adopt its own rules and policies for operating meetings and
procedures not covered by this Section or State Statute, consistent
with its powers.
[Ord. No. 2007-23 Art. 3 §§1
— 6, 6-12-2007]
A.
Officers. The officers of the Commission shall be a Chairperson,
Vice Chairperson/Secretary. The Chairperson and Vice Chairperson/Secretary
shall be elected by the Planning Commission at its regular meeting
in May of each year. The term of office shall be one (1) year.
B.
Chairperson. The Chairperson shall preside at all meetings
of the Planning Commission. At his discretion, a Chairperson may call
special meetings and he may also relinquish the Chair to the Vice
Chairperson or other specific member. The Chairperson or the City
Administrator shall have the authority to cancel regular or special
meeting, except public hearings, provided that there has been notification
given to the Secretary of the Planning Commission that a quorum will
not be present. The Chairperson shall appoint all committees. The
Chairperson shall perform all of the duties assigned to his office
by law and by the City Governing Body and shall have such usual powers
of supervision and management as pertain to the office of Chairperson.
The Chairperson shall conduct all meetings, maintain order and seek
the consensus of the Board on all issues that come before the Commission.
If the Chairpersonship becomes vacant for any reason, the Vice Chairperson
shall succeed to the Chairpersonship for the remainder of the term.
C.
Vice Chairperson/Secretary. The Vice Chairperson shall act
as Chairperson in the absence of the Chairperson or disability of
the Chairperson. In the event the office of Chairperson becomes vacant,
the Vice Chairperson shall succeed to that office for the unexpired
term and the Planning Commission shall select a new Vice Chairperson
for the unexpired term.
D.
Deputy Secretary. The City Administrator or his/her designee
serves as the Deputy Secretary of the Planning Commission. This office
is not a voting member of the Planning Commission. The Deputy Secretary
shall send notices of all regular and special meetings to all members
of the Commission. In addition, the Deputy Secretary shall have charge
of the office of the Planning Commission and all books, papers and
records thereof and attend to all correspondence of the Planning Commission.
E.
Attendance. Attendance shall be as prescribed in the City
of Lake Ozark Code of Ordinances.
F.
Members. Including officers, the Planning Commission shall
consist of eight (8) members. There shall be seven (7) citizen members
and at least one (1) Alderman, sitting in this capacity and whose
position shall be appointed annually, on the Planning Commission.
The Mayor may appoint and the Board may confirm more than one (1)
Alderman, however, any additional Aldermen must be appointed as citizen
representatives and shall serve a specified term regardless of term
as Alderman.
[Ord. No. 2007-23 Art. 4 §§1
— 4, 6-12-2007]
A.
Regular Meetings. Regular meetings of the Planning Commission
shall be set annually and adopted by resolution and a current schedule
available from the Secretary of the Planning Commission. Unless otherwise
provided, the regular meetings shall be on the first (1st) Wednesday
of the month at 6:00 P.M. at City of Lake Ozark City Hall. Meetings
shall adjourn by 10:00 P.M., unless extended upon motion of a majority
of the Planning Commission members present. Items remaining on the
agenda at the end of a meeting may be continued by the Planning Commission
until the next regular meeting.
B.
Special Meetings. Special meetings of the Planning Commission
shall be called by the Chairperson or, in his absence, by the Vice
Chairperson and held at any time or place fixed in the notice. Only
items specified in the notice may be acted upon at the special meeting.
Notice may be made by telephone or e-mail, provided that such notice
is also posted at City Hall no later than twenty-four (24) hours before
said meeting. The Chairperson or, in his absence, the Vice Chairperson
shall call a special meeting of the Commission at the request of a
majority of the appointed members of the Commission; and if the Chairperson
or, in his absence, the Vice Chairperson shall fail to comply with
such a request, said member so requesting may call such meeting provided
they all sign the notice. The Planning Commission shall provide at
least seven (7) calendar days' notice to each member prior to any
special meeting unless the notice requirement is waived by all members.
C.
Quorum. A majority of the membership of the Planning Commission
shall be necessary to constitute a quorum for the transaction of business
and the taking of official action.
D.
Agenda. Agendas for all regular meetings shall be available
at the Community Development Department office at least three (3)
days prior to the meetings, unless a justifiable urgency requires
otherwise. Deadlines for filing for placement on the Planning Commission's
agenda shall be in accordance with deadlines established by resolutions
and shall be set by the Community Development Director.
[Ord. No. 2007-23 Art. 5 §§1
— 14, 6-12-2007]
A.
Parliamentary Procedure. The Robert's Rules of Order (latest
Edition) shall be followed at all meetings of the Planning Commission
so long as they are not inconsistent with the laws of the State of
Missouri, the ordinances of the City of Lake Ozark or the provisions
of these regulations.
B.
Order Of Business.
1.
Order,
i.e., roll call, approval of minutes, agenda items, old business,
new business, reports and adjournment.
2.
The
Commission may amend the order of the agenda by a majority vote of
the members present and voting.
3.
The
Commission may consider items not on the agenda if a majority of the
Commission members vote approval to do so.
C.
Staff Reports. Staff reports on all agenda items shall be
prepared and provided to the Commission members at least three (3)
days prior to the scheduled meeting.
D.
Continuances. Any item may be continued upon request of
the applicant or recommendation by staff or a Commission member. The
Commission may continue items requiring a public hearing to a date
certain. Other items may be tabled and recalled at the request of
the applicant, staff or Commission. A tabled item which fails to be
recalled after six (6) months shall be considered withdrawn. The applicant
is entitled to one (1) continuance as a matter of right and subsequent
continuances only upon approval of a majority of the Planning Commission
or the applicant must withdraw the item.
E.
Appearance Before The Commission. Applicants or their representatives
may appear before the Commission to present their views on an agenda
item. If required by law, the Commission will hold a public hearing
and entertain public comment. If a public hearing is not required,
then the Commission may, at its discretion, entertain public comment
from members of the community or individuals or their representatives
who believe they will be affected by the Commission's action. Whenever
a person or entity appears before the Planning Commission, the Chairperson
may, at his discretion, prescribe procedures for registration of speakers
and require that each person come forth and state:
1.
Name;
2.
Address;
and
3.
Person
or organization that he represents or that he is speaking as an individual.
The Chairperson may also reasonably limit the length of all persons'
presentation or discussion to ensure the orderly conduct of Commission
business; however, the decision of the Chairperson may be overridden
by a majority of the Commission present.
F.
Incomplete Submittals. The Commission will not hear items
that fail to meet City ordinance submission requirements.
G.
Commission Action. The Commission shall take action on each item presented at the conclusion of discussion on the item. Voting shall be by voice ballot on each item. If there is a dissenting vote, the Chairperson shall call for a roll call vote. Voting shall be tallied by the Secretary. All members, including the Chairperson, shall have a vote and shall vote when present except that any member shall automatically disqualify himself from voting on any decision in which he may have a conflict of interest as discussed in Section 400.050. If the item upon which the Planning Commission action taken is remanded for reconsideration to the Commission by the Governing Body, it shall be considered at the next regular meeting of the Planning Commission after notice of the remand is received. If no action is taken on the remanded item at this meeting, the same recommendation will be deemed made and will be sent back to the Governing Body.
H.
Record Of Proceedings. The Secretary shall record the minutes
of each meeting as a matter of public record and shall present such
minutes to the Planning Commission for approval.
I.
Motions. Following the closing of testimony, a motion may
be made to recommend approval or denial of the proposition, to continue
the proposition to a later date if a public hearing has occurred or
to table the item. Any stipulations relative to plans, development
procedures, etc., should be listed following the motion to approve.
Upon receiving a second, the motion may be discussed and, upon the
call for question or at the discretion of the Chairperson, brought
to a vote. A motion to amend, if necessary, must be voted on first.
Then the main motion would be voted on in its amended state. Motions
shall require an affirmative vote of the majority of the necessary
quorum for passage. The Chairperson may not make or second motions,
but he may vote on any and all motions to come before the Commission.
J.
Abstentions. As discussed in Section 400.050, if a Commissioner has a conflict of interest, he must vacate his chair and disqualify himself from voting on the item. If after considering an item a Commissioner merely wishes to abstain from voting, his abstention shall be treated as a vote with the majority. If there is a tie vote, an abstention shall be considered a denial.
K.
Failure To Recommend. If there is a tie vote of the Planning
Commission on any item on which the Commission sits as a recommending
body, such as a rezoning or text amendment, such a tie vote is considered
a failure to recommend and goes to the Governing Body with no recommendation.
If the tie vote occurs on action which the Commission sits as a final
decision maker, a tie vote defeats the motion. If no subsequent motion
is made and approved after the tie vote, the request is deemed denied.
L.
Revote On Same Item. If for any reason a Commissioner wishes
to revote on an item previously considered during the current meeting
agenda and voted upon by the Planning Commission, the Chairperson
shall call for a revote on the item.
M.
Cross Communication. Cross communication between those in
attendance of Planning Commission meetings is prohibited. Questions
between opposing parties must be directed to the Chair. Similarly,
cross conversation among members should also be directed to the Chair.
N.
Applicant Not In Attendance. In case an applicant or his
agent is not in attendance when his item is called, the item shall
be set over to the end of the agenda. If at the time the item is called
again the applicant is still not present, the Commission may continue
the case or may approve or deny the proposition as it sees fit.
[Ord. No. 2007-23 Art. 6 §1, 6-12-2007]
Conflict Of Interest. When a member of the
Commission feels he may have a conflict of interest on a particular
case before the Commission, he may so state for the record and vacate
his chair. A member so vacating his chair should not participate in
the hearing or discussion, except at the invitation of the Commission
and shall not vote on the issue. If the vacation of a member due to
conflict of interest will eliminate a quorum, then the Planning Commission
shall continue the hearing to the next regular meeting.
