Loading...
HomeMy WebLinkAbout2019-03-14 Planning Commission Meeting Packet CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING AGENDA Thursday, March 14, 2019 6:00 P.M. I. Call to Order/Pledge of Allegiance II. Approval of Agenda III. Approve February 14, 2019 Planning Commission Meeting Minutes (1) IV. Department/ Commission Liaison/ Other Reports V. Visitors/Public Comment This is an opportunity for the public to address the Commission with questions or concerns on or not upon the agenda. Please limit comments to three minutes. VI. Public Hearings A. Holiday Stationstore#237: Review and consider request for Conditional Use Permit Amendment to allow outdoor placement of a Redbox at Holiday Stationstore, 5997 Osgood Ave. N. (2) VII. New Business A. Annual Meeting: Review of Commissioner Terms and Election of Chair and Vice Chair. (3) VIII. Old Business IX. Informational A. Upcoming Meetings: • Tuesday, March 26, 2019 City Council 6:00 p.m./City Hall • Tuesday, April 9, 2019 City Council 6:00 p.m./City Hall • Thursday, April 11, 2019 Planning Commission 6:00 p.m./City Hall • Tuesday, April 23, 2019 City Council 6:00 p.m./City Hall • Thursday, May 9, 2019 Planning Commission 6:00 p.m./City Hall • Tuesday, May 14, 2019 City Council 6:00 p.m./City Hall • Tuesday, May 28, 2019 City Council 6:00 p.m./City Hall B. Council Representative • Tuesday, March 26, 2019—Commissioner Giovinazzo • Tuesday, April 23, 2019—Commissioner VanDyke • Tuesday, May 14, 2019—Commissioner—Kremer X. Adjourn. C.natAta k, CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING MINUTES Thursday,February 14,2019—Oak Park Heights City Hall I. Call to Order/Pledge of Allegiance: Chair Freeman called the meeting to order @ 6:00 p.m. Present: Commissioners Giovinazzo,Kremer,VanDyke and White;City Planner Richards and City Councilmember Liljegren.Absent:City Administrator Johnson. II. Approval of Agenda: Commissioner Kremer,seconded by Commissioner Giovinazzo,moved to approve the Agenda as presented.Carried.5-0. III. Approval of January 10,2019 Meeting Minutes: Commissioner Giovinazzo,seconded by Commissioner VanDyke,moved to approve the Minutes as presented.Carried 5-0. IV. Department/Commission Liaison/Other Reports: Councilmember Liljegren noted change to the February City Council meeting dates. There will be one meeting of the City council on February 19th. V. Visitors/Public Comment: None. VI. Public Hearings: A. Thomas&Lisa Thiets Conditional Use Permit: Consider a request for a setback reduction of the north property line for proposed construction of a single-family residential dwelling,located at Peller Ave.N.,south of 15405 57th St.N. City Planner Richards reviewed the request for a setback reduction to the north lot line and reviewed his February 7,2019 Planning Memorandum regarding the same, discussion the issues and recommendation conditions. Brief discussion was had as to the north property line and the applicant was invited to address the Commission. Tom Thiets—306 Elm St.,Stillwater,MN introduced himself,provided a bit of history of his having lived in the neighborhood prior to the removal of homes for the bridge project,noted that the conditions had been discussed with city staff,and that the placement of the house upon the lot simply made sense for the lot. Chair Freeman opened the public hearing at 6:12 p.m.and invited public comment. Jerry Langness—5705 Penrose Ave.N.asked for clarification of which lot the applicant would be building upon. Mr.Thiets stated that it was the larger of the two lots and walked through the house placement and access with Mr.Langness. Planning Commission Minutes February 14, 2019 Page 2 of 3 There being no other visitors to the public hearing, Commissioner Kremer, seconded by Commissioner Giovinazzo, moved to close the public hearing at 6: 15 p.m. Carried 5-0. Commissioner White, seconded by Commissioner Kremer, moved to recommend City Council approval of the request, subject to the conditions of the City Planners February 7, 2019 Planning Memorandum, as amended, specifically: 1 . The grade and tree cover at the south west corner of the property shall be preserved. 2. The setback of the proposed house to the north property line shall be at least 10- feet. 3. The City Engineer will review the drainage for the site. The final grading for the proposed structure shall be subject to approval of the City Engineer. Carried 5 - 0. VII. New Business: None. VIII. Old Business: A. Comprehensive Plan — Jim Kremer's Letter to Metropolitan Council: Commissioner Kremer expressed that rather than send a letter, he felt that it would be serve more purpose to formally request Metropolitan Council require the newly appointment District Representative, when appointed, to meet with the Planning Commission within the next several months to discuss concerns that the Commission has. Commissioner Kremer, seconded by Chair Freeman, moved to recommend that the letter not be forwarded to Metropolitan Council. Carried 5 - 0. Commissioner Kremer, seconded by Commissioner White, moved to recommend that the City Council and/or appropriate City staff request that the Metropolitan Council representative for the City's district, when appointed, meet with the Planning Commission in the foreseeable future. Chair Freeman asked for clarification as to whether the request is asking them to meet with the Planning Commission collectively as representatives of the City of Oak Park Heights or as the Planning Commission specifically. Consensus was to have the meeting be with the Planning Commission specifically and the motion amended as such. Planning Commission Minutes February 14, 2019 Page 3 of 3 Commissioner Kremer amended his motion, seconded by Commissioner White, moving to recommend that the City Council and/or appropriate City staff request that the Metropolitan Council representative for the City's district, when appointed, meet specifically with the Planning Commission in the foreseeable future. Carried 5 —0. IX. Informational: A. Upcoming Meetings: • Tuesday, February 19, 2019 City Council 6:00 p.m./City Hall • Thursday, March 14, 2019 Planning Commission 6:00 p.m./City Hall • Tuesday, March 26, 2019 City Council 6:00 p.m./City Hall • Tuesday, April 9, 2019 City Council 6:00 p.m./City Hall • Thursday, April 11, 2019 Planning Commission 6:00 p.m./City Hall • Tuesday, April 23, 2019 City Council 6:00 p.m./City Hall B. Council Representative • Tuesday, February 19, 2019—Commissioner—Kremer • Tuesday, March 26, 2019—Commissioner Giovinazzo • Tuesday, April 23, 2019 —Commissioner VanDyke X. Adjourn. Commissioner Kremer, seconded by Commissioner Giovinazzo, moved to adjourn at 6:23 p.m. Carried 5 —0. Respectfully submitted, Julie Hultman Planning& Code Enforcement Approved by the Planning Commission: e.ndkuALTPC z 3601 Thurston Avenue N,Suite 100 Anoka,MN 55303 Phone:763.231.5840 Facsimile:763.427.0520 TPC@ Plan n i ngCo.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: March 7,2019 RE: Oak Park Heights—Holiday Stationstore—Amended Conditional Use Permit—Redbox Placement TPC FILE: 236.02—19.01 BACKGROUND Jim Moldaschel has made application for an Amended Conditional Use Permit(CUP)to allow a Redbox at the exterior of the Holiday Stationstore at 5997 Osgood Avenue North. The Redbox has been placed on the sidewalk at the southwest corner of the store without prior CUP approvals. The current application requests that it be allowed to remain. The site is zoned B-2 General Business District. An Amended CUP is required in that the original approvals limited outdoor sales to only ice and propane sales in locked enclosures. The original CUP for the Holiday Stationstore was approved March of 2016. EXHIBITS The review is based upon the following submittals: Exhibit 1: Application Letter,Jim Moldaschel—February 2019 Exhibit 2: Site Plan with Redbox Location Exhibit 3: Site Photos(Two Pictures) PROJECT DESCRIPTION The letter from Jim Moldaschel, found as Exhibit 1, describes the project. The project description indicates the following: "Thank you for meeting with me on February 6 regarding the conditional use permit for the Redbox outside our Holiday Stationstore #237. As we discussed, Holiday is very sorry for neglecting to obtain the proper permit before the Redbox was installed and hope we can rectify the situation. Many of our customers rent movies from the Redbox when they are at the store for other purchases so we would like to keep it in place." ISSUES ANALYSIS Comprehensive Plan. The property is designated as Commercial on the Proposed Land Use Map. The fuel station, convenience store and car wash are consistent with this land use designation. Zoning. The property is zoned B-2 General Business District. A CUP was approved in March of 2016 to allow for construction of the Holiday Stationstore in this location. One of the conditions of the approval limited the outdoor sales for the store to the following: 12. Only ice and propane sales in locked enclosures shall be allowed for outdoor sales. The City has placed this condition on other fuel stations, most recently the Kwik Trip, to limit the amount of outdoor storage and sales. The City Council has wanted to limit these outdoor sales, such as for firewood, softener salt or wood chips to assure the appearance of the site is kept neat and to reduce hazard they may create. The Redbox is a contained unit,fits on the sidewalk without blocking visibility or pedestrians, and will not create any appearance issues. There is parking in front of the Redbox with easy access for customers. The criteria found in Section 401.03.A.7 of the Zoning Ordinance must be considered when reviewing a request for this type. Conditional Use Permit. The Planning Commission should consider the following issues in making its recommendation. The CUP criteria, found in Section 401.03.A.7 of the Zoning Ordinance, are found as follows: 1. Relationship to the specific policies and provisions of the municipal comprehensive plan. 2. The conformity with present and future land uses in the area. 3. The environmental issues and geographic area involved. 4. Whether the use will tend to or actually depreciate the area in which it is proposed. 5. The impact on character of the surrounding area. 6. The demonstrated need for such use. 7. Traffic generation by the use in relation to capabilities of streets serving the property. 8. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. 2 9. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). Comment: The use is consistent with the Comprehensive Plan and will not create any land use issues. There will be no environmental issues or impact to surrounding tenants or property owners. The Redbox is placed at the southwest corner of the store with customer parking directly in front. There would be no traffic or pedestrian issues created with the Redbox at this location. There is no impact upon public services and facilities. City Staff sees no issues with the Redbox placement at the Holiday Stationstore. Parking. Parking is not significantly impacted by the Redbox. No parking spaces are removed, and no additional parking is required for the Redbox. Grading/Drainage/Utilities. In that the Redbox is to be placed on an existing sidewalk, there are no grading, drainage or utility issues created by the Redbox. Lighting. There is no additional lighting required for the Redbox. Signage. The Redbox includes signage, but no additional signage is being requested. The Redbox signs do not affect the overall allowable site signage. CONCLUSION / RECOMMENDATION Upon review of the request for an Amended CUP to allow a Redbox at the exterior of the Holiday Stationstore at 5997 Osgood Avenue North, City Staff would recommend the project with the conditions as follows: 1. The Redbox shall not be moved from its current location nor shall a different Redbox be placed onsite unless approved by City Staff. 2. Any additional signage proposed for the site for the Redbox shall be in compliance with Section 401.15.G of the Zoning Ordinance and will require a sign permit. 3. Any additional lighting proposed for the Redbox shall be in compliance with Section 401.15.B.7 of the Zoning Ordinance and approved by the City. Pc: Julie Hultman 3 1 HOLIDAY STATIONSTORES 4567 American Boulevard West, Bloomington, MN 55437 (952) 830-8700 Holiday STATIONSTORES Direct Dial: 952-832-8616 E-mail: jim.moldaschel©holidaycompanies.com February 8, 2019 Eric Johnson City of Oak Park Heights 14168 Oak Park Boulevard North Oak Park Heights, MN 55082 RE : Holiday Stationstore #237, 5997 Osgood Ave. N ., Oak Park Heights, MN Dear Mr. Johnson : Thank you for meeting with me on February 6 regarding the conditional use permit for the Redbox outside our Holiday Stationstore #237. As we discussed , Holiday is very sorry for neglecting to obtain the proper permit before the Redbox was installed and hope we can rectify the situation . Many of our customers rent movies from the Redbox when they are at the store for other purchases so we would like to keep it in place. We formally request a conditional use permit for the Redbox at Holiday Stationstore #237. Enclosed is our completed Development Application , site drawing and check in the amount of $ 1 ,400 for the base fee and escrow amount. If you need further information to consider this request, please let me know. Very truly yours, HOLIDAY STATIONSTORES, LLC n A , atke tionw Jim Moldaschel Regional Director of Operations JM/ss Enclosure RECEIVED ► 4 2019 City of Oak Park Heights AM PM d S Q,t}Q . ; ._ ° _, I, _ rem 1; , 11, r ENN . , . II , I $ ° I I I°cri. i.'• I II gb IF 7 �I�I[I'1�71�11�1 Eing 11111 7!11e1 ;II all II .iimai __ 1 •' Ii Ii ii Ili 0 ri • �r 3 — 111 . l •" j I I ,-,Ejli i- , , _.., I RI n ISI �� :'I '�, .gip : 2 1 $ %s;%idi li_ I, 1 1 ® �J I —li II 1 / ci ;,•;,p ; ,;„,..1.- ,,....... 7 I ; r;;, o - E� I ! _ ' ell I , e � 1 ;,, _ r H — . ' Ila c 4 i 4Iti c A IPC ... P � III ilii% IA ����10 +: g ,I 'Gil ; 1'i01an . .� . 1tr C35; — �f ,,4, �lruvuMENNEN _ I ' '-riu TN!' T.I1 ii ( --- I \ . , !tit i 1 !1 10 - u in_ . :.;4: 1 : 1 ' .plzu i' w ... _ _. 1i, , ; 1 4' ]Ilillillllllilpi l •— ._ - [0l1 s1'12-1 _�_ _ i y S 9� E�� �r i - _ `: - ,E 10,1 �. 1. LI il■I■I■I■ILIiIIri■1��YliUla.-. aIIII W-^- II IIIIIIIIIII pit JL J r 11 1_0_J L iI ®! L JL J 101 ®c. (&%)47)(-,t000( Z.1 ( c. l,®re Os -, yoo apooee oe e 4 Loi r 1 ,0 ,9 0r o @ � m yDp�y n l l )1 1 i x C s i 2 1 u 5 y0 1 I py2 7 1 w .... .: e41g1! ' £ ail ' ; IS a € - F g '' Al '00 1 00 0 4 PROPOSED i g tt ;H'Io � o1� FIXTURE PLAN i, as STATIONSTORE #0237 0 �� NJ OPTION � ' � Oak Park Heights, MN o �' r `ti • 4,> ti ' 1 It i 11 € : ' I .A 4 �� � isI L L !G,° ,6_ i _ ( hili) 1 II `r t ', PI , J 11111r4111111111IN ; . _... .. * , 41) . . •- '' . . ' . ., -- _ . . . , --•-. . - --..-......-...-- .F' .. .--1.`, ...,..., .. _. --. . , ,..- -.....- - -- - .-- -.....- - • . ....,_ _ _ . I . , ., ,., ... i.........,..- NCE F red MOVIE RENTALS AND MORE _...._ _ IU,' it talliCON 4 Wink 111Vilkli iMmemat -,.•,• red box 4 ..... ..., .....„ .., - ,,.. . ....: .. „ .. . ..., ....... ,e,--, . - - , .................., ,;t,-:,,?i,... Ralien evies & SAMES --.::,. ,...‘Z.,S,',..:.•.., , -- .11or,A,--.• , _s. . ... _ . . .. ..,.;‘,...„ . ... ., . _ • . . _.. .. . -,..,.............,„ -, __. . • 6,f. _ . , .. ... _ , . . . • ••••-• , . . - ....., It di " .: ii - , ._ •... .,, 1%, ....i• . ...... '''- ' --.. lit A ....... • : , -,..-...,--- .•:-?:--,, . ,-?s,......4,--;- -5'..-''' i -- , . i 0 .,_,... , --.. - - - 1 ......„... _,-_ •.,--,....,::::-. wok .. .. -_ . ., ,..,„............ i 4 , — .___ - .- •:, —.... ,0-•- , ..._,,._. . ,..... --3 ........,. _ . ' .,• . „ ,.. .0, 4-.-...:.".• • 0111F. -I- ',. -- -. - - - - - ' . .., , * 1111° ........ p, , -,-- ., . ... .: :: .. . , ..., . _ ......... ..., .. , 3Fet# . - .'-•i4."'...,-, 4iiiistiotilt. , ..,- , ..... ' - . . . .. .,,, ' __-,.,.. ,,, ..,,,•-,....<,..,_ '`."......0”"'"' 0114011,61tak*ft00601111111111. 4 . . .10.00........--- i- _ , .,... ,_ ,..... .:-.1.."V--S-...--, .=:,..• - ' . '''+‘. .,...... ,,,., _ 4 Az _ Air .., . . . . .. . .., --401A iv- lt-- ...„.„. . . -,.,., ....,....,-._ .. ,. __.. ..- . 7. -. ... , ---„. -.. ,,.. .,.-.A.... .„ . ,. . ,, ... , 4 , . , • - • , . 8 ' ,,,,, , ,• ' ::.-11:4'.5' . . . , . . .. ... , , •. ,.. ',.,, ," - .,.:.`-:'',',.•.1.‘.:.' '. .. ... .., tug .- , . . .. ... . - . ..... ..4. . • itre#11.1 City of Oak Park Heights Memo To: Planning Commission From: Julie Hultman Date: March 8,2019 Re: Annual Meeting-Commissioner Terms and Officer Election Planning Commission Bylaws Are Attached I. Commissioner Terms: Tim Freeman: Currently fulfilling first full term,culminating May 31,2020. Jennifer Giovinazzo: Currently fulfilling uncompleted term of Beth Nelson,culminating May 31,2019. Jim Kremer: Currently fulfilling second full term,culminating May 31,2019. Jennifer VanDyke: Currently fulfilling uncompleted term of Greg Quale,culminating May 31,2019. David White: Currently fulfilling first full term,culminating May 31,2021. Commissioner Kremer has expressed interest in a special one-year appointment as allowed by the Planning Commission Bylaws. Commissioners Giovinazzo and VanDyke had expressed interest in a full-term re-appointment to the Planning Commission also. II. Election of Chair and Vice Chair: Planning Commission Bylaws Article 4 Officers,Duties and Election of Officers,section D,which states: "Terms.The Planning Commission officers shall be elected from among its appointed members for the term of two years. No member shall serve as Chairperson or Vice-Chairperson for more than two consecutive terms. The election shall occur at the Planning Commission's annual meeting." The Commission elected Commissioner Freeman as Chair and Commissioner Giovinazzo as Vice- Chair at their 2018 Annual Meeting for a two-year term,which will conclude at the 2020 Annual Meeting. 4077 City of Oak Park Heights Staff Recommendation: Commission Terms 1. Planning Commission Reappointment of: Jim Kremer to a special one-year term, beginning June 1, 2019 and expiring May 31, 2020. Jennifer Giovinazzo to a 3-year term on the Planning Commission, beginning June 1, 2019 and expiring May 31, 2020. Jennifer VanDyke to a 3-year term on the Planning Commission, beginning June 1, 2019 and expiring May 31, 2020. Election of Chair and Vice Chair 1. Chair and Vice Chair election terms from 2018 are valid through 2020 and need not be addressed unless the Commission desires to do so or if the current Chair or Vice Chair seeks to be released from their elected position. CITY OF OAK PARK HEIGHTS PLANNING COMMISSION BYLAWS ARTICLE 1 -ORIGIN AND POWERS A. Authorization. The City is authorized and empowered to establish a Planning Commission by the provisions of Minnesota State Statutes 462.354. B. Establishment. The Planning Commission was created in an advisory capacity by action of the Oak Park Heights City Council on April 14, 1998 by the adoption of Ordinance 210 and the amendment of Section 401, the Oak Park Heights Zoning Ordinance. ARTICLE 2—DUTIES AND OBJECTIVES A. Advisory Capacity. The Planning Commission is designed to serve in an advisory capacity to the Oak Park Heights City Council. B. Objectives. The objectives of the Planning Commission are to make recommendations to the City Council which will guide the development of land, services and facilities within the City, so as to promote the public health, safety and general welfare. C. Public Hearings. The Planning Commission shall hold public hearings for variances, conditional use permits, subdivisions, PUD permits, and other applications to the City in accordance with the City Zoning Ordinance and shall make recommendations on said applications to the City Council. D. Special Public Hearings. The Planning Commission may hold such public information hearings as the City Council deems necessary and may make recommendations on applications for building permits or site plan review when requested by the City Council. ARTICLE 3—MEMBERSHIP A. Voting Members. The Planning Commission shall consist of five citizen members who are eligible voters residing within the Oak Park Heights City limits and who are appointed by the City Council. B. Ex-Officio Members. There shall be a City Council person designated by the Mayor, with the consent of the City Council, to be a liaison to the Planning Commission. Such City Council person shall serve without voting power and in a capacity as ex-officio to the Planning Commission. The Mayor, with the consent of the City Council may also appoint non-voting, ex-officio members to represent other groups or organizations from the community. C. Terms. The five members of the Planning Commission shall be appointed by the City Council. All such appointments shall initiate and be established by resolution of the City Council. The term of each member shall be for three years with initial terms being staggered by the City Council resolution of appointment. Unless extended by special order of the City Council for a period of one year; no member shall serve more than two consecutive terms on the Planning Commission. D. Absenteeism. If any voting member fails to attend three consecutive meetings or a total of four meetings (or 25 percent) during the calendar year, the City Council shall be notified with a recommendation by the Planning Commission. Planning Commissioners shall notify the Chairperson or City staff when an absence is anticipated. E. Removal. Any member of the Planning Commission may be removed at any time by a four-fifths (4/5) vote of the City Council with or without cause. F. Compensation. Compensation of Planning Commission members as selected by the City Council shall serve without compensation except as otherwise established by resolution of the City Council. G. Training. The Chairperson and the City staff shall meet with each new Planning Commissioner to explain Planning Commission procedures. Within the first year of appointment, each new Planning Commissioner shall attend a Government Training Service, Planning Commission training session at City expense. H. Resignation. A member who wishes to resign shall submit a written resignation to the Chairperson, who shall in turn forward the same to the City Council. I. Vacancies. Vacancies occurring within the Planning Commission shall be filled for the balance of the appointment by the City Council. 2 ARTICLE 4 — OFFICERS, DUTIES AND ELECTION OF OFFICERS A. Officers. The officers of the Planning Commission shall be Chairperson and Vice-Chairperson. B. Duties of the Chairperson. The Chairperson shall preside at all meetings, appoint Planning Commission members to committees, appoint Planning Commission representatives, rule on procedural questions (subject to reversal by a two-thirds (2/3) vote of those members in attendance), meet with all newly appointed members, exercise the same voting rights as other Planning Commissioners and carry out such other duties as are assigned by the Planning Commission or by the City Council. C. Duties of the Vice-Chairperson. The Vice-Chairperson shall act in the absence or inability to act of the Chairperson, and in such instances, shall have the powers and functions of the Chairperson. D. Terms. The Planning Commission officers shall be elected from among its appointed members for the term of two years. No member shall serve as Chairperson or Vice-Chairperson for more than two consecutive terms. The election shall occur at the Planning Commission's annual meeting. E. Vote. Candidates for office receiving a majority vote of the entire membership (three-fifths (3/5)), shall be declared duly elected. F. Date of Office. Newly elected officers shall take office at the annual meeting in March. G. Vacancies. Vacancies occurring in the offices of the Planning Commission shall be filled immediately by the above election procedure. ARTICLE 5 — MEETINGS A. Annual Meeting. An annual organizational meeting shall be held the second' Thursday in March of each year. Election of officers shall be conducted at that time. B. Regular Meetings. Regular meetings of the Planning Commission shall be held at 6:00 PM on the second Thursday of each month in the City Hall Council Chambers. The regular meeting date of the Planning Commission may be changed by resolution of the City Council. C. Special Meetings. Special meetings may be called at the discretion of the Chairperson, after consultation with City staff. 3 D. Notice of Meetings. Notice in writing of all regular and special Planning Commission meetings, setting forth the time, place and agenda of such meetings, shall be mailed by the City staff to all Planning Commission members at least five days in advance of each meeting. E. Site Investigation. Prior to each meeting, all Planning Commission members shall endeavor to visit any properties to be discussed at the meeting. F. Planning Commission Representative at City Council Meetings. Each Planning Commission member shall in turn represent the Planning Commission at regular City Council meetings. ARTICLE 6 — PRE-MEETING PROCEDURES A. Agenda. The agenda for each meeting of the Planning Commission shall be developed in writing by the City staff and shall be available at the City Hall prior to each meeting. B. Withdrawal. If a petitioner or applicant desires to withdraw a matter from an agenda, such request must be submitted to the City staff in writing, and if any public notice has been given, all persons appearing at the noticed hearing on said petition or application shall be entitled to be heard. ARTICLE 7 — PUBLIC HEARING PROCEDURE A. Time. The time of each public hearing shall be stated on the agenda, and no hearing may begin before this time. Each hearing shall begin as soon as possible after this time. B. Presentation. If a public hearing is required for a request by a petitioner, the petitioner or an appointed representative shall state the request, explain the proposal and answer questions of the Planning Commissioners. If no petitioner is involved, the Chairperson or the City staff member shall explain the purpose of the hearing. The Chairperson may impose reasonable restraint upon the number of times one individual may speak. C. Termination of Hearing. The Chairperson may close a public hearing after hearing those present who care to speak, or any member may move to continue the public hearing until a specified date. If a hearing on the petitioner's request is closed, the Planning Commission shall make a recommendation to the City Council within 30 days following the close of the hearing. If a hearing is continued, mailed notices of the continuation may be requested by any voting member. 4 ARTICLE 8 — MEETING PROCEDURES A. Rules of Order. Unless otherwise specifically designated, Roberts Rules of Order, as most recently revised, shall govern the meeting procedure. B. Quorum. A majority of the voting membership (three-fifths (3/5)) shall constitute a quorum for meeting purposes. C. Conflict of Interest. Whenever a Planning Commission member shall have a direct or indirect personal or financial interest in an application or petition before the Planning Commission, that member shall declare such interest and excuse himself/herself from the discussion and vote. D. Agenda. The order of business at regular meetings generally shall be as follows: 1. Call to order. 2. Roll call of members. 3. Approval of the minutes of the previous meeting. 4. Public hearings. 5. Informational hearings. 6. Old business. 7. New business. 8. Adjournment. E. Appearance of Petitioner. No application or petition shall be given final approval unless the applicant or petitioner appears personally or by representative at the hearing called thereon, or unless he/she makes satisfactory explanation or presentation in lieu thereof. F. Tabling. A tabling motion, if passed, has the effect of laying a matter over until the next regular meeting, unless otherwise specified. G. Reports. Any matter may be tabled for a technical report or study which the Planning Commission may make or request of the petitioner, the City staff, the City Attorney, the City Engineer or other sources. Such report shall be presented to the City staff for forwarding to the Planning Commission at least five days prior to the meeting at which said matter will be heard again. H. Non-Agenda Matters. No binding or final action may be taken on any matter not on the written agenda except by unanimous vote of the members in attendance or four-fifths (4/5) vote of the entire membership. 5 ARTICLE 9 — COMMITTEES A. Planning Commission Committees. The Planning Commission may establish committees of its own membership for a specific purpose and duration. B. Ad Hoc Committees. The Planning Commission may request that the City Council appoint other members of the community to Ad Hoc Commission committees, which may be created by the Planning Commission for a specific purpose and duration. At least one voting member of the Planning Commission also shall be appointed to each such committee. ARTICLE 10 — RECORDS A. Minutes. The City shall supply a secretary at all regular and special meetings of the Planning Commission who shall be responsible for taking full and complete minutes and record all such meetings. The City staff shall be responsible for keeping a record of all Planning Commission resolutions, transcriptions, minutes and findings. B. Open Meetings. All meetings shall be a matter of public record. Updated: October 12, 2017 6