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 no. 2007-23, adopted June 12, 2007, repealed ch. 400 and enacted new provision set out herein.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]
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.
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]
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.
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.
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.
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.
Attendance. Attendance shall be as prescribed in the City of Lake Ozark Code of Ordinances.
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]
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.
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.
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.
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]
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.
Order Of Business.
Order, i.e., roll call, approval of minutes, agenda items, old business, new business, reports and adjournment.
The Commission may amend the order of the agenda by a majority vote of the members present and voting.
The Commission may consider items not on the agenda if a majority of the Commission members vote approval to do so.
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.
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.
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:
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.
Incomplete Submittals. The Commission will not hear items that fail to meet City ordinance submission requirements.
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.
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.
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.
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.
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.
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.
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.
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.