From: Gerald Fisher
Sent: Thu Jan 10 11:21:41 2019
To: Keith Swigart
Cc: Kelly Richardson; Dan Huff
Subject: Planning Commission and non-residency
Importance: Normal
Hi Keith,
In answer to your question a little bit ago, I found the section of the code you were looking for. Kelly has the information on who is or is not a resident. Thanks.
Article III. Planning Commission
2.06.090 Purpose.
The purpose of the Planning Commission shall be to conduct the review of the Comprehensive Plan, implement ordinances, hold hearings and make decisions and recommendations to the City Council on major plan and ordinance amendment applications as well as other such matters approved in this chapter. (Ord. 2018-05 §1)
2.06.100 Created—Composition—Compensation.
A. There is created a City Planning Commission for the City of Molalla.
1. The Planning Commission shall consist of the following:
a. Voting Members.
i. A minimum of three but no more than seven members to be appointed as outlined in Section 2.06.110.
ii. No more than two voting members may be non-residents of the city. There shall be more residents of the city than non-residents sitting on the board at all times.
b. City Involvement Seats on the Planning Commission.
i. An additional two non-voting members on the board. Non-voting members will be afforded the privileges and rights given to voting members with the exception of voting privileges. Non-voting members shall be given priority consideration for the positions on the Planning Commission as positions become available given that they meet the criteria as set forth in subsection (A)(1)(a) of this section.
ii. Appointment of non-voting members shall occur as outlined in Section 2.06.110.
c. It is the policy of the City of Molalla that involving youth in the public decision-making process provides the opportunity to enhance the community’s interest in this process for generations to come. Accordingly, the Planning Commission may also have up to two additional non-voting members of high school age, who must live within the Molalla River School District.
i. A youth applicant must be 16 years of age or older.
ii. Meetings may go late into the evening. Students under the age of 18 shall not be allowed to go later than 9:00 p.m. on school nights, or 10:00 p.m. on nights when there is no school the following day. If the staff believes the frequency of Planning Commission meetings will disrupt the student’s school work or interfere with the student’s school schedule, staff may request the student be absent from certain meetings. Students shall be required to provide proof that their grades are being maintained at a minimum of a “C” average.
iii. Students will be expected to participate fully in discussions.
iv. Appointment of non-voting youth members shall occur as outlined in Section 2.06.110.
d. Individuals interested in serving on the Planning Commission shall meet the following criteria:
i. Reside within the City of Molalla, except as otherwise provided in this section.
ii. Not more than two members may have the same occupation.
iii. Must be a citizen of the United States of America.
B. The composition of the Planning Commission shall meet the requirements of ORS 227.030. Commission members shall receive no compensation. (Ord. 2018-05 §1)
2.06.110 Terms of members.
A. Each member of the Planning Commission shall be appointed as provided in the City Charter to a four-year term. Any vacancies shall be filled by the Mayor for the unexpired portion of the term.
B. Unexcused absences from three regular meetings may disqualify a member at which time the Planning Commission may request that the Mayor appoint a replacement. Members shall call, mail, or drop-off a letter to staff in order to be excused from regularly scheduled meetings.
C. All appointments to the Commission may be terminated at the pleasure of the Mayor with the consent of the City Council. (Ord. 2018-05 §1)
2.06.120 Quorum—Rules of procedure.
A. A majority of the voting Commission shall constitute a quorum. The Commission is authorized to adopt rules of procedure for the conduct of its meetings and hearings, provided such rules do not conflict with state law, City Charter, Ordinances, and the Comprehensive Plan. A copy of such rules shall be filed with the City Recorder and made available for inspection to those appearing before the Planning Commission prior to their appearance.
B. When exercising the function of the Hearings Officer, the Planning Commission shall follow the rules of the Hearings Officer in performing said function. A majority vote of the Planning Commission members present shall be sufficient for taking any action authorized by ordinance. (Ord. 2018-05 §1)
2.06.130 Meetings—Officers.
The Planning Commission shall meet on a monthly basis. At the first meeting of each calendar year, the Commission shall select a chair, vice-chair, and a secretary. The chair, or vice-chair in the chair’s absence, shall preside over the Planning Commission’s meetings and hearings. (Ord. 2018-05 §1)
2.06.140 Record of proceedings.
A record of the proceedings shall be made by electronic recording and subject to retention schedule. A transcript can be made available upon written request within the first year of the proceeding. Summary written minutes will be kept of each meeting of record as a tracking method of the meeting and or hearing of record. (Ord. 2018-05 §1)
2.06.150 Right of parties to present evidence at hearings.
A. At public hearings before the Planning Commission, all interested persons and organizations shall be allowed an opportunity to be heard and to present and rebut evidence.
B. The chair may limit the speaking time allowed for interested parties to five minutes. (Ord. 2018-05 §1)
Regards,
Gerald Fisher, P.E. | Public Works Director
City of Molalla
117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038
Office: 503.829.6855 | Direct: 503.759.0218
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