Chapter 2.15
PLANNING COMMISSION

Sections:

Article I.

2.15.010    Created.

2.15.020    Members.

2.15.030    Terms.

2.15.040    Elections – President – Vice-president.

2.15.050    Elections – Secretary.

2.15.060    Meetings.

2.15.070    Expenditures allowed.

2.15.080    Powers – Duties.

2.15.090    Recommendations in writing.

2.15.100    Limits on expenditures.

Article II.

2.15.110    Meetings.

2.15.120    Organization of the planning commission.

2.15.130    Election of officers.

2.15.140    Duties of the officers.

2.15.150    Operations and conducting business.

2.15.160    Conflict of interest and appearance of fairness.

2.15.170    Public hearing procedures.

Article I.

2.15.010 Created.

There is hereby created a city planning commission (hereinafter referred to as “the commission”) for the city of Rainier, Oregon. (Ord. 706 § 1, 1965)

2.15.020 Members.

The Rainier planning commission shall consist of seven members who are not officials or employees of the city. Two of the members may reside in the city’s urban growth area or on property contiguous to the city’s urban growth boundary line and one of these two members may live on property not contiguous to the city’s urban growth boundary line but within the 97048 zip code area. (Ord. 1031, 2006; Ord. 999 § 1, 2002; Ord. 907, 1987; Ord. 706 § 2, 1965)

2.15.030 Terms.

At the first meeting of the commission, the seven appointed members shall choose their term of office by lot as follows: one for one year, two for two years, two for three years, and two for four years. Immediately thereafter, the members shall notify the mayor and council in writing of such allotment. Their successors shall hold office for four years. Any vacancy shall be filled by the mayor for the unexpired portion of the term. (Ord. 706 § 3, 1965)

2.15.040 Elections – President – Vice-president.

The commission, at its first meeting, shall elect a president and vice-president, who shall be members appointed by the mayor and who shall hold office during the pleasure of the commission. (Ord. 706 § 4, 1965)

2.15.050 Elections – Secretary.

The commission shall elect a secretary who need not be a member of the commission. The secretary shall keep an accurate record of all commission proceedings. The commission shall on October 1st of each year make and file a report of all its transactions with the city council. (Ord. 706 § 5, 1965)

2.15.060 Meetings.

At least four members appointed by the mayor shall at all times constitute a part of such quorum. The commission may make and alter rules and regulations for its government and procedure consistent with laws of this state and with the City Charter and ordinances. It shall meet at least once a month, at such times and places as may be fixed by the commission. Special meetings may be called at any time by the president or by three members by written notice served upon each member of the commission at least three hours before the time specified for the proposed meeting. (Ord. 999 § 2, 2002; Ord. 706 § 6, 1965)

2.15.070 Expenditures allowed.

The commission may employ consulting advice on municipal problems, a secretary, and such clerks as may be necessary; and pay for their services, and for such other expenses as the commission may lawfully incur, including the necessary disbursements incurred by its members in the performance of their duties as members of the commission, out of funds at the disposal of the commission, as authorized by the city council. (Ord. 706 § 7, 1965)

2.15.080 Powers – Duties.

The commission shall have all the powers which are now or hereafter granted to it by ordinances of this city or by general laws of the state of Oregon. The commission shall control the subdivision of land and may make recommendations to the city council, to public officials, and to individuals regarding land use; locations of thoroughfares, public buildings, parks and other public facilities; and regarding any other matter relating to the planning and development of the city and the surrounding area. The commission may make studies, hold hearings, and prepare reports and recommendations on its own initiative or at the request of the city council. (Ord. 706 § 8, 1965)

2.15.090 Recommendations in writing.

All recommendations and suggestions made to the city council by the commission shall be in writing. (Ord. 706 § 9, 1965)

2.15.100 Limits on expenditures.

The commission shall have no authority to make expenditures on behalf of the city, or to obligate the city for the payment of any sums of money, except as herein provided, and then only after the city council shall have first authorized such expenditures by appropriate ordinance (or resolution) which ordinance (or resolution) shall provide the administrative method by which such funds shall be drawn and expended. (Ord. 706 § 10, 1965)

Article II.

2.15.110 Meetings.

A. Location. All meetings shall be held in the Rainier city council chambers, Rainier City Hall, unless otherwise directed by the chairperson and appropriate notification to the media and public is provided. All meetings shall be open to the public.

B. Date and Time. Regular meetings shall be held on the fourth Tuesday of each month at 7:30 p.m. for the primary purpose of conducting formal public hearings on applications and petitions properly presented to the city.

C. Rescheduling Meetings for Holidays. When a regular meeting falls on a holiday or is preempted by a city council meeting, the meeting shall be rescheduled at the discretion of the chairperson.

D. Special Meetings and Workshops. Special meetings and workshops may be held at the discretion of the chairperson. Workshops shall be held for the development of long-range plans, updating ordinances, and other work programs deemed necessary by the planning commission or city council. No discussion of an application for development, action to recommend approval or denial of an application for development, or action to amend a long-range plan or city ordinance shall take place at a workshop.

Action to recommend approval or denial of an application for development or amend a long-range plan or city ordinance may take place at a special meeting; provided, that appropriate public notice requirements are met.

E. Meeting Notice and Agenda. Written notice of all regular and special meetings or workshops shall be post-marked one week in advance of the meeting date. The notice shall include an agenda of the matters to be considered by the planning commission at the meeting.

F. Meeting Cancellation. If no matters over which the planning commission has jurisdiction are pending, a meeting may be canceled at the discretion of the chairperson. (Ord. 941 § 1, 1992)

2.15.120 Organization of the planning commission.

A. Membership. The Rainier planning commission shall consist of seven members who are not officials or employees of the city. Two of the members may reside in the city’s urban growth area or on property contiguous to the city’s urban growth boundary line. Members of the commission are appointed by the city council for four-year terms as current terms expire. Members may be appointed to successive terms without limitation.

B. Membership Stipulations. No more than two voting members of the commission may engage principally in the buying, selling or developing of real estate for profit as individuals, or be members of any partnership, or officers or employees of any corporation that engages principally in the buying, selling or developing of real estate for profit. No more than two members shall be engaged in the same kind of occupation, business, trade or profession. (ORS 227.030(4)).

C. Removal of Members. Planning commission members may be removed by the council at any time for failure to attend three consecutive meetings or for failure to attend 30 percent or more of the meetings within a 12-month period or for any other good cause related to performance of duties. Upon request of the member proposed for removal the council shall hold a hearing on the removal before it becomes effective.

D. If Member Moves. If an in-town member moves outside the city or if an extraterritorial member moves outside the urban growth area, that shall constitute a resignation from the planning commission, effective upon the date a replacement is appointed by the council. (Ord. 998, 2002; Ord. 941 § 2, 1992)

2.15.130 Election of officers.

The officers of the planning commission shall consist of a chairperson and vice-chairperson elected from the members of the planning commission by a majority vote of the members. The chairperson and vice-chairperson shall be elected at the regularly scheduled meeting in January and shall serve a two-year term of office. The chairperson shall not serve more than two full terms consecutively. Any officer may be removed at any time by a majority vote of the planning commission. The vacancy of an office caused by the resignation or removal of any officer of the planning commission during his or her term of office shall be filled for the remaining term by another member who receives a majority vote of the members of the planning commission. (Ord. 941 § 3, 1992)

2.15.140 Duties of the officers.

A. Chairperson. The chairperson shall preside over the meetings of the planning commission and will exercise all the powers usually incident to the office. The chairperson may create standing or temporary committees to examine, investigate and inquire into subjects of interest to the planning commission. No standing or temporary committee shall have the power to commit the planning commission to endorse any plan or program.

B. Vice-Chairperson. The vice-chairperson shall, in the absence of the chairperson, perform all duties of the chairperson at a regular or special meeting. In the absence of the chairperson and vice-chairperson, the members present may elect a temporary chairperson to preside at the meeting.

C. Secretary. The city recorder shall assign a nonvoting secretary to the planning commission. The secretary shall be primarily responsible for all official records, the preparation of written minutes of planning commission hearings, regular and special meetings, and shall prepare all notices of meetings requiring notice to be given to the media and the public according to the appropriate statutes or city ordinances. (Ord. 941 § 4, 1992)

2.15.150 Operations and conducting business.

A. Quorum. A quorum is required for the planning commission to conduct business. It shall consist of at least four planning commission members of record at the beginning of a meeting. If members leave during the course of a meeting, reducing the attendance below four members, the quorum will have ceased. Action shall be by a majority of those present and voting, when those present constitute a quorum, at any regular or special meeting of the planning commission.

B. Motions and Voting. All members of the planning commission may make and vote on motions to recommend approval, approval with conditions, or denial of any development proposal or amendment to a long-range plan or city ordinance. All motions shall be made in the affirmative. For matters requiring a public hearing, all motions shall be accompanied by an oral statement, by the person making the motion, of reasons and findings supporting the motion. This statement may include reference to any part or all of the planning staff’s report and to testimony or evidence submitted at the hearing.

Motions addressing development proposals may be acted on by a majority of the planning commission present at the time of a vote on the question, provided there is a quorum present. Recommendations for approval on amendments to the text or maps of long-range plans and city ordinances require an affirmative vote by a majority of the planning commission.

Planning commission members must be present to vote on motions; proxy votes are not considered valid votes. The chairperson and vice-chairperson may take part in all deliberations and vote on all issues. A tie vote means the motion fails. A member may abstain from voting.

Where not otherwise specified in these rules of procedure, the meetings of the Rainier planning commission and the manner of conducting business shall be governed by Roberts Rules of Order, Revised. (Ord. 941 § 4, 1992)

2.15.160 Conflict of interest and appearance of fairness.

Any member of the planning commission who, in his or her opinion, has a personal interest in any matters before the planning commission that would tend to prejudice his or her actions shall indicate such interest. In the event of a conflict, he or she shall remove him or herself from the proceedings and not participate in any of the deliberations. In the event there is an appearance that any member could not make a fair and impartial decision because of a real or perceived interest in a matter before the commission, the member shall state the real or perceived interest, or have the interest described by other members of the commission or the audience. If there is sufficient cause or challenge to his or her ability to make a fair decision, he or she shall not participate in any of the deliberations.

A member of a planning commission shall not participate in any commission proceeding or action in which any of the following has a direct or substantial financial interest: the member of the spouse, brother, sister, child, parent, father-in-law, mother-in-law of the member, any business in which the member is then serving or has served within the previous two years, or any business with which the member is negotiating for or has an arrangement or understanding concerning prospective partnership or employment. Any actual or potential interest shall be disclosed at the meeting of the commission where the action is being taken. (ORS 227.035)

Written minutes of meetings shall be prepared for the review and approval of the planning commission at its next regularly scheduled meeting. (Ord. 946 § 1, 1993; Ord. 941 § 5, 1992)

2.15.170 Public hearing procedures.

A. Opening. The chairperson shall open the public hearing on the subject case by identifying and briefly describing the proposal.

B. Limitations of Speakers. The chair shall state that testimony and input will be taken in a prescribed fashion. All persons wishing to speak on the matter before the commission must first be recognized by the chairperson. For the record, that person shall state his or her name and address, and group or organization he or she represents, if any. All statements by the speaker shall be addressed to the chairperson of the planning commission. The chairperson may limit the amount of time allowed to any person or group in order to give all who wish the opportunity to speak. Speakers should keep their statements to the issue at-hand and avoid repeating information already presented. The chairperson may limit input to avoid duplication. Because public hearings are to gather information, there will be no cross-examination of speakers.

C. Presentation and Speaking Order. The presentation and speaking order shall be as follows:

1. Staff Planner. Presentation of staff report and other materials and correspondence into the record.

2. Proponent. Presentation and statements by one representative of the proponent/applicant.

3. Members of the Public. Written and/or oral presentations or statements by the public who wish to speak for or against the application.

D. Deliberation. The public testimony portion of the public hearing is then closed. Planning commissioners can then deliberate on the application and the testimony received. Members may ask questions of both staff and any other speakers to clarify their understanding of relevant points or to gather additional information; all questions shall be posed through the chairperson who shall ask the appropriate party for answers.

E. Disposition. A motion for disposition can then be made. This motion may be to continue the hearing to gather additional information, to recommend approval, approval with conditions, or denial of the proposals.

F. Presentation to City Council. The planning commission shall present its actions in unison to the city council. Planning commission actions shall be transmitted to the city council in writing and shall include the recommendation, the tally of the vote, findings of fact if different from the planning staff report, the planning staff report, other correspondence, if any, and a summary of testimony presented to the planning commission.

G. Minutes. Written minutes of all public hearings shall be prepared for the review and approval of the planning commission at its next regularly scheduled meeting. (Ord. 941 § 6, 1992)