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HomeMy WebLinkAbout10/20/2009 AGENDA MAPLEWOOD PLANNING COMMISSION Tuesday, October 20, 2009 7:00 PM City Hall Council Chambers 1830 County Road BEast 1. Call to Order 2. RollCall 3. Approval of Agenda 4. Approval of Minutes a. October 6, 2009 5. Public Hearings 6. New Business a. Ordinance Amendment: Planning Commission Ordinance-Election of Officers b. Rules of Procedure Amendment: Parliamentary Procedure for Meetings c. Sign Ordinance Amendment Discussion: Recommendation to the Community Design Review Board 7. Unfinished Business 8. Visitor Presentations 9. Commission Presentations a. Commissioner Report: There were no planning commission items for the October 12, 2009 city council meeting so there is nothing to present. This would have been Commissioner Fischer's turn had there been review items for the PC. b. Upcoming City Council Meeting of October 26, 2009. There are not any scheduled PC items for this meeting. Commissioner Hess is scheduled to attend should there be a need for planning commission representation. 10. Staff Presentations 11. Adjournment DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA TUESDAY, OCTOBER 6, 2009 I. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. II. ROLL CALL Commissioner Joseph Boeser Vice-Chairperson Tushar Desai Chairperson Lorraine Fischer Commissioner Harland Hess Commissioner Robert Martin Commissioner Gary Pearson Commissioner Dale Trippler Commissioner Joe Walton Commissioner Jeremy Yarwood Present at 7:07 p.m. Present Present Present Present Absent Present Absent Present City Staff Present: Tom Ekstrand. City Planner III. APPROVAL OF AGENDA Commissioner Trippler moved to approve the agenda as presented. Commissioner Martin seconded The motion passed. Ayes - all IV. APPROVAL OF MINUTES a. September 22, 2009 Commissioner Hess moved to approve the minutes of September 22, 2009 as submitted. Commissioner Desai seconded Ayes - Desai, Fischer, Hess, Martin, Trippler Abstentions - Yarwood The motion passed. V. PUBLIC HEARING None VI. NEW BUSINESS a. In-Service Training: Commission Handbook Review City planner Tom Ekstrand introduced city attorney Alan Kantrud. Mr. Kantrud gave a presentation on the new commission handbook and answered questions from the commission. It was noted the appendix documents on page 25 were not included with the staff report. Mr. Kantrud said he would get copies of those documents to the commissioners. It was discussed that the city code should be amended to reflect the revised time to hold planning commission elections. Planning Commission Minutes of 10-06-09 -2- VII. UNFINISHED BUSINESS None VIII. VISITOR PRESENTATIONS None IX. COMMISSION PRESENTATIONS a. City Council Meeting of September 28, 2009: There were no planning commission items. b. City Council Meeting of October 12, 2009: Commissioner Fischer is scheduled to attend if needed. X. STAFF PRESENTATIONS Planner Ekstrand updated the commission on the status of the Aldi project, which will not be pursued and the T-Mobile proposal, which will be discussed by staff and T-Mobile representatives at a meeting this week. Planner Ekstrand also discussed whether the commission wants to be involved in reviewing the proposed sign ordinance amendment. City attorney Kantrud said the ordinance contains zoning information and might be valuable for the commission to review. Mr. Kantrud said a city planner has prepared a summary document highlighting the changes to the code and he will get a copy of this document to the commissioners. The commission decided not to review the ordinance formally, but to each review the summary documents that staff will provide. Commissioner Martin volunteered to review the entire sign ordinance amendment document and report back to the commission. The commissioners were directed by staff to submit any comments on this sign code amendment to the community design review board. XI. ADJOURNMENT The meeting was adjourned at 7:38 p.m. MEMORANDUM TO: FROM: SUBJECT: DATE: James Antonen, City Manager Tom Ekstrand, Senior Planner Ordinance Amendment-Planning Commission Election of Officers October 12, 2009 INTRODUCTION Request Staff is requesting that the city council amend the planning commission ordinance which specifies that the commission elect a chairperson and vice chairperson at their second meeting of January each year. The reason for this change is to bring the specified time for electing officers in line with the planning commission's Rules of Procedure. The planning commission amended their Rules of Procedure to hold election of officers at the first meeting in June each year to avoid the possibility that a full membership may not be reappointed by the city council by the second meeting in January. This proposed ordinance amendment is simply a "housekeeping" action to keep the ordinance and Rules of Procedure in sync. BACKGROUND On October, 6, 2009, the planning commission reviewed their Rules of Procedure and the city ordinance which governs the commission. The planning commission noted the discrepancy between the ordinance and their Rules of Procedure as when they should hold elections. DISCUSSION It makes sense to amend the ordinance so the planning commission may continue holding their elections in June rather than January. Staff recommends that the ordinance, in fact, be worded to be less specific as to when the elections are held. Annual elections are important, but staff suggests that the requirement for "when" to hold elections be specified in the Rules of Procedure instead. The council must review changes to the Rules anyway, so they still have that control. RECOMMENDATION Approve the amendment of the planning commission ordinance to specify that the election of the chairperson and vice chairperson shall be held once a year in accordance with the planning commission's Rules of Procedure. p:ord\planning commission ordinance amendment election of chair and vice chair 10 09 te Attachment: 1. Ordinance Amendment 2. Rules of Procedure Attachment 1 ORDINANCE NO. AN ORDINANCE AMENDING THE SPECIFIED TIME WHEN THE PLANNING COMMISSION SHALL ELECT A CHAIRPERSON AND VICE CHAIRPERSON The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances (additions are underlined and deletions are crossed out): Section 1. Section 2-249. The planning commission shall elect a chairperson and a vice chairperson once a year in accordance with the planninq commission's Rules of Procedure. at the second planning commission meeting in January oach yoar. The chairperson shall be responsible for calling and presiding at meetings and shall have an equal vote with other members of the commission. If the chairperson is not at a meeting, the vice chairperson shall assume the duties of the chairperson for that meeting. If the chairperson resigns from or is otherwise no longer on the planning commission, the vice chairperson shall become the acting chairperson until the planning commission can hold an election for new officers. Section 2. This ordinance shall take effect after publishing in the official newspaper. The Maplewood City Council this ordinance on ,2009. Mayor Attest: City Clerk Attachment 2 PLANNING COMMISSION RULES OF PROCEDURE Original adopted by the Planning Commission on February 21,1983 Revised by the Planning Commission on January 20, 2009 (Additions are underlined and deletions are crossed out) We, the members of the Planning Commission of the City of Maplewood, Minnesota, created pursuant to Chapter 2, as amended, of the Maplewood Code of Ordinances, do hereby accept the following Rules of Procedure, subject to the provisions of said ordinances, which are hereby made a part of these rules: A. MEETINGS 1. All meetings shall be held in City Hall unless otherwise directed by the chairperson, in which case at least 24 hours notice will be given to all members. 2. Regular meetings shall be held at 7 p.m. on the first and third Tuesdays of each month. If a regular meeting falls on a legal holiday, such meeting shall be rescheduled as a special meeting, if needed. 3. Special meetings shall be held upon call by the chairperson, or in his or her tAeif absence, by the vice chairperson, or by any other member with the concurrence of five other members of the Commission. At least 72 hours notice shall be given to all members for special meetings. B. QUORUM 1. A simple majority of the current membership of the Commission shall constitute a quorum. 2. Any member having a conflict of interest shall declare the same before discussion of the item in which he or she has a conflict. Any member who abstains from voting on a question because of possible conflict of interest shall not be considered a member of the Commission for determining a quorum for the consideration of that issue. 3. Approval of any motion shall require the affirmative vote of a majority of the members present. C. DUTIES OF CHAIRPERSON In addition to the duties prescribed in Section 2-249 of the Code of Ordinances, the chairperson shall appoint such standing committees and temporary committees as are required, and such committees will be charged with the duties, examinations, investigations, and inquiries about the subjects assigned by the chairperson. No standing or temporary committee shall have the power to commit the Commission to the endorsement of any plan or program without its submission to the full Commission. D. ELECTION OF OFFICERS 1. A chairperson and vice chairperson shall be elected at the first planning commission meeting in June, and will serve until their successors have been elected. 2. In the absence of the chairperson, the vice chairperson shall perform all duties required of the chairperson. When both the chairperson and the vice chairperson are absent, the attending members shall elect a chairperson pro tem. 3. If the chairperson resigns from or is otherwise no longer on the planning commission, the vice chairperson shall become the acting chairperson until the planning commission can hold an election for new officers. If the vice chairperson resigns or is otherwise no longer on the planning commission, the planning commission will elect a new vice chairperson at the next possible planning commission meeting. E. REPRESENTATION AT COUNCIL MEETINGS A representative from the Commission shall appear at each Council meeting, where a planning item is on the agenda, to present the Commission's recommendation and to answer questions from the City Council regarding the decision. The Commission shall adopt a rotating schedule of its members at the first meeting of each year to attend these meetings. F. COMMUNITY DEVELOPMENT AND PARKS DEPARTMENT In addition to carrying out the duties prescribed in Section 2-254 of the Code of Ordinances, the Community Development and Parks Department staff shall: 1. Prepare the agenda and minutes for each meeting of the Commission. 2. Act as technical advisor to the Commission. 3. Present written alternatives and make recommendations on matters referred to the Commission. 4. Maintain a record of all agenda items from application to final action by the City Council. G. AGENDA 1. Copies of the agenda, together with pertinent planning office reports and copies of the minutes of the previous meeting, shall be distributed so that the members of the Commission shall have a copy at least three days prior to the meeting concerned. 2. The agenda shall consist of the following order of business: a. Call to Order b. Roll Call c. Approval of Agenda d. Approval of Minutes2 MEMORANDUM TO: FROM: SUBJECT: DATE: James Antonen, City Manager Tom Ekstrand, Senior Planner Planning Commission Rules of Procedure Amendment-Parliamentary Procedure October 12, 2009 INTRODUCTION Request Staff is requesting that the planning commission and city council amend the planning commission Rules of Procedure. The proposed change would state that the governing parliamentary practice to be followed by the planning commission shall be Rosenberg's Rules of Order and not Robert's Rules of Order. Reason for this Request On July 27, 2009, the city council adopted the Commission Handbook which specifies that the parliamentary practice to be followed by city commissions is Rosenberg's Rules of Order. The proposed revision to the planning commission's Rules is a "housekeeping" matter to be consistent with the new Commission Handbook. BACKGROUND On October, 6, 2009, the planning commission reviewed the newly adopted Commission Handbook. The planning commission noted that the Commission Handbook requires following Rosenberg's Rules of Order while their Rules of Procedure require following Robert's Rules of Order. RECOMMENDATION Approve the amendment of the planning commission Rules of Procedure to specify that the parliamentary procedure to be followed shall be Rosenberg's Rules of Order. p:Planning Commission\PC Rules\PC Rules Amendment for Parliamentary Procedure 10 09 te Attachment: 1. Rules of Procedure 2. Rosenberg's Rules of Order Attachment 1 PLANNING COMMISSION RULES OF PROCEDURE Original adopted by the Planning Commission on February 21, 1983 Revised by the Planning Commission on January 20, 2009 (Additions are underlined and deletions are crossed out) We, the members of the Planning Commission of the City of Maplewood, Minnesota, created pursuant to Chapter 2, as amended, of the Maplewood Code of Ordinances, do hereby accept the following Rules of Procedure, subject to the provisions of said ordinances, which are hereby made a part of these rules: A. MEETINGS 1. All meetings shall be held in City Hall unless otherwise directed by the chairperson, in which case at least 24 hours notice will be given to all members. 2. Regular meetings shall be held at 7 p.m. on the first and third Tuesdays of each month. If a regular meeting falls on a legal holiday, such meeting shall be rescheduled as a special meeting, if needed. 3. Special meetings shall be held upon call by the chairperson, or in his or her tAeif absence, by the vice chairperson, or by any other member with the concurrence of five other members of the Commission. At least 72 hours notice shall be given to all members for special meetings. B. QUORUM 1. A simple majority of the current membership of the Commission shall constitute a quorum. 2. Any member having a conflict of interest shall declare the same before discussion of the item in which he or she has a conflict. Any member who abstains from voting on a question because of possible conflict of interest shall not be considered a member of the Commission for determining a quorum for the consideration of that issue. 3. Approval of any motion shall require the affirmative vote of a majority of the members present. C. DUTIES OF CHAIRPERSON In addition to the duties prescribed in Section 2-249 of the Code of Ordinances, the chairperson shall appoint such standing committees and temporary committees as are required, and such committees will be charged with the duties, examinations, investigations, and inquiries about the subjects assigned by the chairperson. No standing or temporary committee shall have the power to commit the Commission to the endorsement of any plan or program without its submission to the full Commission. D. ELECTION OF OFFICERS 1. A chairperson and vice chairperson shall be elected at the first planning commission meeting in June, and will serve until their successors have been elected. 2. In the absence of the chairperson, the vice chairperson shall perform all duties required of the chairperson. When both the chairperson and the vice chairperson are absent, the attending members shall elect a chairperson pro tem. 3. If the chairperson resigns from or is otherwise no longer on the planning commission, the vice chairperson shall become the acting chairperson until the planning commission can hold an election for new officers. If the vice chairperson resigns or is otherwise no longer on the planning commission, the planning commission will elect a new vice chairperson at the next possible planning commission meeting. E. REPRESENTATION AT COUNCIL MEETINGS A representative from the Commission shall appear at each Council meeting, where a planning item is on the agenda, to present the Commission's recommendation and to answer questions from the City Council regarding the decision. The Commission shall adopt a rotating schedule of its members at the first meeting of each year to attend these meetings. F. COMMUNITY DEVELOPMENT AND PARKS DEPARTMENT In addition to carrying out the duties prescribed in Section 2-254 of the Code of Ordinances, the Community Development and Parks Department staff shall: 1. Prepare the agenda and minutes for each meeting of the Commission. 2. Act as technical advisor to the Commission. 3. Present written alternatives and make recommendations on matters referred to the Commission. 4. Maintain a record of all agenda items from application to final action by the City Council. G. AGENDA 1. Copies of the agenda, together with pertinent planning office reports and copies of the minutes of the previous meeting, shall be distributed so that the members of the Commission shall have a copy at least three days prior to the meeting concerned. 2. The agenda shall consist of the following order of business: a. Call to Order b. Roll Call c. Approval of Agenda e. Public Hearings f. New Business g. Unfinished Business h. Visitor Presentations I. Commission Presentations j. Staff Presentations k. Adjournment 3. No item that is not on the agenda shall be considered by the Commission. H. Except as herein provided, Robert's Rules of Order, Revised and Robert's Parliamentary Law shall be accepted as the authority on parliamentary practice. I. Amendments to the comprehensive plan shall require that the Planning Commission follow the same procedure for hearings and notices as required by State law for zoning ordinances. J. APPOINTMENTS The city council shall make all appointments to the planning commission by following the current city appointment policy. K. AMENDMENT 1. Any of these rules may be temporarily suspended by the vote of two-thirds majority of the members present. 2. These Rules of Procedure may be amended at any regular meeting of the Commission by a majority vote of the entire membership and submitted to the City Council for approval. L. These "Rules of Procedure" shall be reviewed by the Planning Commission at the first meeting of each year. p:\commdvpt\pc\pcrules.2009 January final 3 Rosenberg's Rules of Order: Simple Parliamentary Procedures for the 21st Century he rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that hasn't always been the case. Virtu- ally all clubs, associations, boards, coun- cils and bodies follow a set of rules, Roberts Rules of Order, which are em- bodied in a small but complex book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and purpose. If you are rwming the British Parliament, Roberts Rules of Order is a dandy and quite use- ful handbook. On the other hand, if you're rWilling a meeting of a five- member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order. Hence, the birth of "Rosenberg's Rules of Order." This publication covers the rules of parliamentary procedure based on my 20 years of experience chairing meetings in state and local government. These rules have been simplified and slimmed down for 21st century meetings, yet they retain the basic tenets of order to which we are accustomed. "Rosenberg's Rules of Order" are sup- ported by the following four principles: 1. Rules should establish order. The first purpose of the rules of parlia- mentary procedure is to establish a framework for the orderly conduct of meetings. 2. Rules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate and those who do not fully understand and do not fully participate. 3. Rules should be user-friendly. That is, the rules must be simple enough that citizens feel they have been able to participate in the process. 4. Rules shonld enforce the will of the majority while protecting the rights of the minori~ The ultimate purpose of the rules of procedure is to encourage discussion and to facili- tate decision-making by the body. In a democracy, the majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself (but not dominate) and fully participate in the process. The Chairperson Should Take a Back Seat During Discussions While all members of the governing body shoutd know and understand the rules of parliamentary procedure, it is the chairperson (chair) who is charged with applying the rules of conduct. The chair should be well versed in those There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire to move on. by Dave Rosenberg rules, because the chair, for all intents and purposes, makes the final ruling on the rules. In fact, all decisions by the chair are final unless overruled by the governing body itself. Because the chair conducts the meeting, it is common courtesy for the chair to take a less active role than other mem- bers of the body in debates and discus- sions. This does not mean that the chair should not participate in the debate or discussion. On the contrary, as a mem- ber of the body, the chair has full rights to participate in debates, discussions and decision-making. The chair should, however, strive to be the last to speak at the discussion and debate stage, and should not make or second a motion unless he or she is convinced that no other member of the body will do so. The Basic Format for an Agenda Item Discussion Formal meetings normally have a written, published agenda; informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body's agreed-upon road map for the meeting. And each agenda item can be handled by the chair in the following basic format. First, the chair should clearly announce the agenda item number and should clearly state what the subject is. The chair should then announce the format that will be followed. Second, foHowing that agenda format, the chair should invite the appropriate people to report on the item, including any recommendation they might have. The appropriate person may be the chair, a member of the governing body, www.cacities.org 1 Rosenbergs Rules of Order: Simple Parliamentary Procedure flr the 21st Century a staff person, or a committee chair charged with providing information about the agenda item. Third, the chair should ask members of the body if they have any technical questions for clarification. At this point, members of the governing body may ask clarifying questions to the people who reported on the item, and they should be given time to respond. Fourth, the chair should invite public comments Of, if appropriate at a formal meeting, open the meeting to public input. If numerous members of the pub- lic indicate a desire to speak to the sub- ject, the chair may limit the time of each public speaker. At the conclusion of the public comments, the chair should ann- ounce that public input has concluded (or that the public hearing, as the mse may be, is closed). Fifth, the chair should invite a motion from the governing body members. The chair should announce the name of the member who makes the motion. Sixth, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member who seconds the motion. It is normally good practice for a motion to require a second before proceeding with it, to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and a vote on the motion even when there is no second. This is a matter left to the discretion of the chair. Seventh, if the motion is made and sec- onded, the chair should make sure every- one understands the motion. This is done in one of three ways: 1. The chair can ask the maker of the motion to repeat it; 2. The chair can repeat the motion; or 3. The chair can ask the secretary or the clerk of the body to repeat the monon. 2 League of California Cities Eighth, the chair should now invite dis- cussion of the motion by the members of the governing body. If there is no desired discussion or the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or a very brief discussion, the vote should proceed immediately, and there is no need to re- peat the motion. If there has been sub- stantial discussion, it is normally best to make sure everyone understands the motion by repeating it. Motions are made in a simple two-step process. First, the chair recognizes the member. Second, the member makes a motion by preceding the member's desired approach with the words: "I move..." A typical motion might be: "I move that we give 10 days' notice in the future for all our meetings." The chair usually initiates the motion by: 1. Inviting the members to make a motion: ''A motion at this time would be in order." Debate on policy is healthy; debate on personalities is not. The chair has the right to cut off discussion that is too personal, too loud or too crude. Ninth, the chair takes a vote. Simply asking for the "ayes" and then the "nays" is normally sufficient. If members of the body do not vote, then they "abstain." Unless the rules of the body provide otherwise or unless a super-majority is required (as delineated later in these rules), a simple majority determines whether the motion passes Of is defeated. Tenth, the chair should announce the result of the vote and should announce what action (if any) the body has taken. In announcing the result, the chair should indimte the names of the mem- bers, if any, who voted in the minority on the motion. This announcement might take the following form: "The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring 10 days' notice for all future meetings of this governing body." Molions in General Motions are the vehicles for decision- making. It is usually best to have a mot- ion before the governing body prior to discussing an agenda item, to help every- one focus on the motion before them. 2. Suggesting a motion to the members: ''A motion would be in order that we give 10-days' notice in the future for all our meetings." 3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but normally should do so only if he or she wishes a motion to be made but no other member seems willing to do so. The Three Basic Molions Three motions are the most common: 1. The basic motion. The basic motion is the one that puts forward a deci- sion for consideration. A basic mot- ion might be: "I move that we create a five-member committee to plan and put on our annual fundraiser." 2. The motion to amend. If a member wants to change a basic motion that is under discussion, he or she would move to amend it. A motion to amend might be: "I move that we amend the motion to have a 10- member committee." A motion to amend takes the basic motion that is before the body and seeks to change it in some way. 3. The substitute motion. If a member wants to completely do away with the basic motion under discussion and put a new motion before the governing body, he or she would "move a substitute motion." A substi- tute motion might be: "I move a sub- stitute motion that we cancel the annual Fundraiser this year." Motions to amend and substitute mo- tions are often confused. But they are quite different, and so is their effect, if passed. A motion to amend seeks to retain the basic motion on the Roar, but to modify it in some way. A substitute motion seeks to throw out the basic motion on the floor and substi- tute a new and different motion for it. The decision as to whether a motion is really a motion to amend or a substitute motion is left to the chair. So that if a member makes what that member calls a motion to amend, but the chair deter- mines it is really a substitute motion, the chair's designation governs. When Multiple Motions Are Before The Governing Body Up to three motions may be on the Roar simultaneously. The chair may reject a fourth motion until the three that are on the Roor have been resolved. When two or three motions are on the Roar (after motions and seconds) at the same time, the first vote should be on the last motion made. So, for exam- ple, assume the first motion is a basic "motion to have a five-member commit- tee to plan and put on our annual fund- raiser." During the discussion of this motion, a member might make a second motion to "amend the main motion to have a 10-member committee, not a five-member committee, to plan and put on our annual ftmdraiser." And per- haps, during that discussion, a member makes yet a third motion as a "substitute motion that we not have an annual fundraiser this year." The proper proce- dure would be as follows. Rosenbergs Rules of Order: Simple Parliamentary Procedure fOr the 21 sf Century First, the chair would deal with the third (the last) motion on the Roar, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passes, it would be a substitUte for the basic motion and would elimi- nate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be complete. No vote would be taken on the first or second motions. On the other hand, if the substitute motion (the third motion) jailed, the chair would proceed to consideration of the second (now the last) motion on the floor, the motion to amend. If the substitute motion failed, the chair would then deal with the second (now the last) motion on the Roar, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would now move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would now move to consider the main motion (the first motion) in its original format, not amended. To Debate or Not to Debate The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full dis- cussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, sub- ject to the decision of the chair that it is time to move on and take acrion. There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The fol- lowing motions are not debatable (that is, when the following motions are made and seconded, the chair must immedi- ately call for a vote of the body without debate on the motion): A motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. This motion requires a simple majority yote. A motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair deter- mines the length of the recess, which may range from a few minutes to an hour. It requires a simple majority vote. The challenge for anyone chairing a public meet- ing is to accommodate public input in a timely and time-sensitive way, while maintaining steady progress through the agenda items. Third, the chair would now deal with the first motion that was placed on the Roor. The original motion would either be in its original format (five-member committee) or, if amended, would be in its amended format (10-member com- mittee). And the question on the Roar for discussion and decision would be whether a committee should plan and put on the annual fundraiser. A motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: "I move we adjourn this meeting at midnight." It requires a simple majority vote. A motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to www.cadties.org 3 Rosenbergs Rules o/Order: Simple Parliamentary Procedure for the 21st Century be placed on "hold." The motion may contain a specific time in which the item can come back to the body: "I move we table this item until our regu- lar meeting in October." Or the motion may contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote. A motion to limit debate. The most common form of this motion is to say: "1 move the previous question" or "1 move the question" or "1 call for the question." When a member of the body makes such a motion, the member is really saying: ''I've had enough debate. Let's get on with the vote." When such a motion is made, the chair should ask for a second to the motion, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body. Note that a motion to limit debate could include a time limit. For example: "1 move we limit debate on this agenda item to 15 minutes." Even in this format, the the motion fails. If one member is ab- sent and the vote is 3-3, the motion still fails. All motions require a simple majority, but there are a few exceptions. The exceptions occur when the body is taking an action that effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super-majority) to pass: Motion to limit debate. Whether a member says, "I move the previous question," "1 move the question," "1 call for the question" or "1 move to limit debate," it all amounts to an attempt to cut off the ability of the minority to dis- cuss an item, and it requires a cwo-thirds vote to pass. Motion to close nominations. When choosing officers of the body, such as the chair, nominations are in order either from a nominating committee or from the Boor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers, and it requires a two-thirds vote to pass. If you are running the British Parliament, Robert's Rules of Order is a dandy and quite useful handbook. motion to limit debate requires a two- thirds vote of the body. A similar mot- ion is a motion to object to consideration 0/ an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote. Majority and Super-Majority Votes In a democracy, decisions are made with a simple majority vote. A tie vote means the motion fails. So in a seven-member body, a vote of 4-3 passes the motion. A vote of 3~3 with one abstention means 4 league of California Cities Motion to object to the consideration of a question. Normally, such a motion is unnecessary. because the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass. Motion to suspend the rules. This motion is debatable, but requires a two- thitds vote to pass. If the body has its own rules of order, conduct or proce- dure, this motion allows the body to sus- pend the rules for a particular purpose. Fot example, the body (a ptivate club) might have a rule prohibiting the atten- dance at meetings by non-club mem- bers. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item. The Motion to Reconsider There is a special and unique motion that requires a bit of explanation all by itself: the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to reconsider is made. A motion to reconsider requires a majority vote to pass, but there are two special rules that apply only to the motion to reconsider. First is the matter of timing. A motion to reconsider must be made at the meet- ing where the item was first voted upon or at the very next meeting of the body. A motion to reconsider made at a later time is, untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majority, allow a motion to reconsider to be made at another time.) Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to recon- sider may be made only by a member who voted in the majority on the origi- nal motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other mem- ber of the body may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The pur- pose of this rule is finality. If a member of the minority could make a morion to reconsider, then the item could be hronght back to the body again and again, which would defeat the putpose of finality. If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time. Courtesy and Decorum The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently. fairly and with full participation. And at the same rime, it is up to the chair and the members of the body to maintain com- mon courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floof, and it is always best for every Rosenbergs Rules of Order: Simple Parliamentary Procedure for the 21st Century It is usually best to have a motion before the gov- erning body prior to discussing an agenda item, to help everyone focus. lege relate to anything that would inter- fere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person's ability to hear. Order. The proper interruption would be: "Point of order." Again, the chair would ask the interrupter to "state your point." Appropriate points of order Motions to amend and substitute motions are often confused. But they are quite different, and so is their effect, if passed. speaker to be first recognized by the chair before proceeding to speak. The chair should always ensure that debate and discussion of an agenda item focus on the item and the policy in ques- tion, not on the personalities of the members of the body. Debate on policy is healthy; debate on personalities is not. The chair has the right to cut off discus- sion that is too personal, too loud or too crude. Debate and discussion should be fo- cused, but free and open. In the interest of time, the chair may. however, limit the time allotted to speakers, including members of the body. Can a member of the body interrupt the speaker? The general rule is no. There are, however, exceptions. A speaker may be interrupt- ed for the following reasons: Privilege. The proper interruption would be: "Point of privilege." The chair would then ask the interrupter to "state your point." Appropriate points of privi- relate to anything that would not be considered appropriate conduct of the meeting; for example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate. Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed. Call for orders of the day. This is sim- ply another way of saying, "Let's return to the agenda." If a member believes that the body has drifted from the agreed- upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair's determination may be appealed. Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed with- drawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized. Special Notes About Public Input The rules outlined here help make meet- ings very public-friendly. But in addi- tion, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item: Rule One: Tell the public what the body will be doing. Rule Two: Keep the public informed while th~ body is doing it. Rule Three: When the body has acted, tell the public what the body did. Public input is essential to a healthy democracy, and community participa- tion in public meetings is an important element of that input. The challenge for anyone chairing a public meeting is to accommodate public input in a timely and time-sensitive way, while maintain- ing steady progress through the agenda items. The rules presented here for con- ducting a meeting are offered as tools for effective leadership and as a means of developing sound public policy. iii www.cacities.org 5 SKU 1533 $5.00 To order additional copies of this pUbJ'ication, call (916) 658~8257 or visit,'www.caCities.org/store. @ 2003 League of California Cities. All rights reserved. i .I LEAGUE OF CALIFORNIA CITIES jC':\ Thifpubliration isprinted \J:I an recytled pnper MEMORANDUM TO: FROM: SUBJECT: DATE: James Antonen, City Manager Tom Ekstrand, Senior Planner Sign Ordinance Amendment-Planning Commission Review October 13, 2009 INTRODUCTION On October 6, 2009, the planning commission requested that staff provide them with a summary of the major changes proposed for the sign code. Staff has attached these changes for the planning commission's review. Commissioner Martin also volunteered to review the entire proposed sign code amendment and report his comments and recommendations to the commission. The planning commission would then forward their comments and recommendations to the community design review board (CDRB) for their consideration. BACKGROUND March 1, 2006: After two years of research, review, and public comment, the CDRB recommended approval of the draft sign code. May 8, 2006: The city council held a workshop to discuss the draft sign code. No action or direction was taken on the proposed sign code at that time. December 10, 2007: The city council adopted an amendment to the sign ordinance which removed the "prohibited signs" language in order to allow dynamic display signs within the city. August 11, 2008: The city council adopted an on- and off-site dynamic display sign code which regulates billboards and outdoor advertisement signs with LED technology. April 14, 2009: The CDRB reviewed the proposed sign code amendment again since it had been three years since their previous review. The board moved to forward the proposed sign code amendment to the city council with their previous recommendation. DISCUSSION Commissioner Martin has reviewed the sign code amendment and has made these comments, questions and suggestions: 1. Add to "exempt signs:" Police electronic speed indicator signs. Staff Reply: These would be included as an "exempt sign" under item (d)-"traffic control signs." 2. One could argue that regulating the content of a mural conflicts with "free speech." Staff Reply: In the context of a business application, murals would be regulated by the comprehensive sign plan process. There would be no restriction for a residential mural such as on a garage door. 3. There are double garage door paintings that are bigger than 64 square feet. How would (or should) we regulate these? Staff Reply: Same as #2 above. We would not regulate a residential garage door mural. RECOMMENDATION The planning commission should review the attached sign code amendment summary, take into account Commissioner Martin's critique of the proposed sign code amendment and forward their comments and recommendations to the community design review board. p:ord\Sign Code\planning commission review of sign code amendment 10 09 Ie Attachment: Major Changes Proposed in the Maplewood Sign Code dated May 24, 2006 2 Major Changes Proposed in the Maplewood Sign Code May 24, 2006 From 2004 to 2006 the community design review board (CDRB) reviewed the city's sign code for revisions. The city's sign code gives guidelines to businesses and residents for visibility and promotion, and protects the public health, safety, and welfare. Maplewood's current sign code was adopted in 1977, with only minor revisions made since that time. Following are the major changes proposed by the CDRB in 2006 to the city's sign code: Temporary Signs Temporary Portable Signs: The code currently allows temporary portable signs under 16 square feet to be installed on business property with no permit and no duration or maximum number. Temporary signs over 16 square feet are only allowed with a permit. The permit is valid for 30 days per year, per business. The proposed code would now limit portable temporary signs under 12 square feet to one per property without a permit and signs over 12 square feet to one per property with a permit. These signs can be installed for a maximum of 30 days per year for each property. For businesses with multiple occupants, each separate tenant is permitted one sign under 12 square feet with no more than three signs allowed on the property at anyone time and only one sign over 12 square feet at anyone time. Commercial Window Signs: The code currently allows businesses to place signs in windows not to exceed 75% of the total area of the window with no time duration. The proposed code would allow businesses to place signs in the window not to exceed 30% of the window, for a total of 30 days per year, per sign. Off Site Real Estate Signs: The code currently does not have regulations on the number of off site real estate signs (directional or open house signs not exceeding 3 square feet in area) per street intersection. These signs are allowed from 12 noon until 8 p.m. on the weekdays and from 6 a.m. Saturday to 8 p.m. on the last day of the weekend. The proposed code will limit off site real estate signs to one real estate listing and one real estate open house sign per corner at each intersection, with a maximum of four separate real estate listings and four separate open house signs per intersection. The signs would be allowed within the right-of-way for up to 30 days per real estate listing and the day of the open house for open house real estate signs. Temporary Banners: The current code allows temporary banners up to 150 square feet for 30 days with no limit to the number of banners per business. The proposed code would allow one banner up to 32 or 64 square feet (depending on the zoning district) for up to 60 days per year, per property. No more than one banner may be displayed per property at any one time, except for multiple-tenant buildings which allow up to three. Opinion Signs: The current code does not have an ordinance regarding signs that express a viewpoint of a non-commercial nature. The proposed code would limit such signs to one per property, up to 32 square feet for residential and 64 square feet for commercial properties. Political Campaign Signs: The city adopted a change to the political campaign sign ordinance in August 2005. The new ordinance applies during local elections only and restricts the number of days that a resident or business can place a political sign prior to an election or referendum from 30 days to approximately 90 days. 3 The CDRB's proposed draft sign code expands on that language to cover special elections. The proposed code allows political campaign signs to be posted for special elections or referendums from the date of filing until ten days following said special election or referendum. Commercial Signs (Areas Zoned LBC, CO, NC, BC, BC-M, M1, and M2) Wall Signs: The current code allows wall signs up to 20% of the gross wall area on which it is attached for all commercial areas. The proposed code would change the calculation of wall signage allowance in the BC, BC-M, M1 and M2 districts to the gross square footage of the principal structure on the property as follows: Principal Structure Gross Sq. Ft. of Maximum Size and Coverage Area of Each Floor Area Sign Less than 10,000 so. ft 80 sa. ft. or 20% of wall face, whichever is less 10,000 to 20,000 so. ft. 100 sa. ft. or 20% of wall face, whichever is less 20,000 to 100,000 sa. ft. 150 sn. ft. or 15% of wall face, whichever is less Greater than 100,000 sq. ft. 200 sa. ft. or 10% of wall face, whichever is less The proposed wall sign code for the LBC, CO, and NC districts will remain 20% of the gross wall area on which it is attached. Freestanding Signs: The current code regulates freestanding sign size and height within the BC, BC-M, M1, and M2 districts based on the size of the lot and setback of the sign. The maximum freestanding size allowed is 300 square feet and the maximum height is 50 feet. The proposed code will base the size of freestanding signs on street classification of the closest street to which each freestanding sign is located as follows: Classification of Maximum Sign Maximum Height of Maximum Height Street Size (sq. ft.) Pylon (feet) of Monument Sign (feet) Principal Arterial 180 25 12 Minor Arterial 140 20 12 Collector Street 100 15 10 Local Street 80 12 10 The current code allows freestanding signs within the LBC, CO, and NC up to 80 square feet and 25 feet high. The proposed code will allow a maximum of 64 square feet and 10 feet high. Billboards The current code allows billboards in commercial areas with a sign permit. The proposed code would allow the use of billboards only with the approval of a conditional use permit. In addition, they may only be located adjacent to a principal arterial street in the SC, BC, M-1, and M-2 districts and must maintain a distance of 250 feet to a residential district or 800 feet to a residence. 4