Bylaws of the Eureka Planning Commission
CITY OF EUREKA
PLANNING COMMISSION
BY-LAWS
Adopted: August 10, 1995
Revised: April 11, 1996
Revised: May 8, 1996
Revised: September 11, 1997
Planning Commission Defined:
Any deliberative body like a Planning Commission requires an accepted set of rules and regulations to guide its actions. A set of Planning Commission by-laws are meant to:
a. Specify the working conditions of the Planning Commission.
b. Give dignity and structure to the Planning Commission and its actions.
c. Make public the procedural right of the citizen.
In this way, the structural and procedural aspects of a Planning Commission are established and made public knowledge to insure the rights of the citizens appearing before it.
Rules and Regulations:
The following rules and regulations governing the procedures of the Planning Commission are adopted in accordance with the Planning Laws of the State of Kansas.
Article I – OFFICERS
1. The Planning Commission shall organize annually at the first regular meeting after the annual appointment of new members.
2. The Commission shall elect a Chairman and Vice-Chairman from among the appointed member at the annual organization meeting. The officers shall serve of one year.
3. A Secretary shall be selected for an indefinite term and it is not required that he be a member of the Commission.
4. The Chairman shall preside at all meetings and public hearings of the Planning Commission; shall decide all points of order and procedure; shall certify plans and subdivision plats; shall transmit reports and recommendations of the Planning Commission to the governing body. The Chairman and the Secretary are required to certify plans and subdivision plats.
5. The Vice-Chairman shall assume the duties of the Chairman in his absence.
6. The Secretary shall be responsible for keeping the minutes of the Planning Commission; carrying our written correspondence; maintaining the records of the Commission; and performing such other duties as the Planning Commission may require.
Article II – MEETINGS
1. The Planning Commission shall hold at least one regular meeting on the second Thursday of each month at a designated time and place.
2. Special meetings of the Planning Commission for obtaining public opinion on a problem or discussion of a particular problem with interested parties may be called by the Chairman or, in his absence by the Vice-Chairman. Notice of special meetings shall be given by the Secretary to the members of the Commission at least three days prior to such meeting and shall state the purpose, place, and time of the meeting.
3. All regular and special meetings, hearings, and records shall be open to the public, provisions for recessed executive sessions may be made but no formal action may be taken.
4. Four (4) members, a majority (more than 50% will constitute a quorum) of the present seven (7) seat commission, shall constitute a quorum for the transaction of business. If a quorum is not present at a regular or special meeting, those present may either adjourn the meeting or hold the meeting to consider such matters as are on the agenda. No action at such a meeting shall be final or official unless and until ratified and confirmed at a subsequent meeting at which a quorum is present, by approval of the minutes of that meeting at which a quorum was not present.
5. There is a necessity of the board member’s attendance in order to be able to perform their duties. Each member is required to be on time and in attendance at the time of roll call. Members will be brought to the governing board for possible removal from this position; if they are tardy; or absent from a minimum of three (3) regularly scheduled meetings within a twelve (12) month period.
6. The order of business at all meetings shall be as follows:
a. Call to order
b. Roll Call
c. Reading and approval of minutes
d. Presentation of requests and petitions (hearings)
e. Reports of standing and special committees
f. Reports of commission officers and related personnel
g. Notices and communications
h. Old business
i. New business
j. Adjournment
7. Motions shall be restated by the Chairman before a vote is taken. The name of the maker and supporter of a motion shall be recorded.
8. An affirmative vote of at least four (4) members (presently seven (7) seat committee), a majority of a required quorum, shall be necessary to authorize any official action of the commission, unless otherwise specified by statue. (Some official action, i.e., approval of a comprehensive plan or a zoning ordinance, requires the affirmative vote of a majority of all the members of the total Planning Commission.) Where such a vote is not possible either for or against a particular proposal, the results of such action shall be submitted to the governing body with an explanation of the failure to establish an official vote on the subject in question. All members, including the Chairman shall have a vote and shall vote when present except that any member shall automatically disqualify himself from voting on any decision in which there might be conflict of interest and should state the nature of that conflict for the minutes.
9. When procedural and parliamentary rules adopted by the Planning Commission do not conflict, parliamentary procedure shall be according to “Roberts’s Rules of Order.”
Article III – AGENDA SUBJECTS
1. Upon application by an interested party for a place upon the agenda of a Planning Commission meeting, the Secretary of the Planning Commission may require that all data pertaining to such subjects be presented in writing at least one week prior to the date of the Planning Commission meeting.
2. Where the volume of the Planning Commission subjects may require such action, the Chairman of the Commission may postpone discussion of certain subjects until sufficient time is available for the members to give review to such subjects.
3. Agendas shall ordinarily be mailed to the members of the Planning Commission so that they may review them at least three (3) days prior to the Planning Commission meeting.
4. Subjects which are not listed on an official Planning Commission agenda will ordinarily not be considered at a meeting, unless unusual conditions approved by the Planning Commission justify such action.
Article IV- HEARINGS
1. Before adoption or recommendation of all or any part of the Comprehensive Plan, subdivision regulations, or major street plan of the Zoning Ordinances, the Planning Commission shall hold a public hearing on the matter.
2. The Secretary of the Planning Commission shall cause a notice of such public hearing to be published once in the official city newspaper and at least twenty (20) days shall elapse between the date of such publication and the date set for the hearing. Such notice shall fix the time and place for such a hearing and shall describe such proposal in general terms.
3. Action by the Planning Commission on any matter on which a hearing is held shall not be taken until the hearing has been concluded.
4. The Planning Commission may prepare recommendations and adopt the same by an affirmative vote of majority of the Planning Commission or by an affirmative vote of a majority of all its members as provided by law. The final adoption of any plan rests with the approval of the governing body and subject to the provisions of 16-104 of the code of the City of Eureka.
Article V- RECOMMENDATIONS
1. An authorized representative of the Planning Commission shall have the right to appear before the governing body of the purpose of reporting recommendations of the Planning Commission.
Article VI – COMMITTEES
1. The Planning Commission may establish such committees, as it deems advisable and assign each committee specific duties or functions.
2. The Chairman shall designate the members of each committee and shall name the Chairman of each committee. The Planning Commission Chairman shall fill vacancies on committees as they are created.
Article VII – EXPENSES
1. The Planning Commission shall prepare an annual budget and submit it to the Governing Body.
2. The Planning Commission may make expenditures by warrants drawn upon vouchers signed by the Chairman and Vice-Chairman of the Planning Commission. Such funds shall be held by the designated fiscal agent of the Planning Commission. These expenditures will be within guidelines set by the City Treasure and /or by the parameters of the annual budget.
3. The Planning Commission may purchase property and materials as needed and within the guidelines set forth by the governing body.
4. The Planning Commission may accept, receive and expand funds, grants and services from federal, state, county or local government agencies and private persons or organizations.
5. The Planning Commission shall deposit monies received as gifts, donations or grants from public or private sources for planning purposes with the designated fiscal agent.
Article VIII – PLANNING COMMISSION MEMBERS
1. The Planning Commission may employ such members and/or professional consultants, as it may require, subject to approved budgetary requirements and limitations.
2. The Planning Commission members may consist of personnel as may be authorized by the Governing Body.
3. The Planning Commission members are charged with the duty of preparation and administration of such plans as are appropriate.
4. The Planning Commission members shall:
a) Officially present the Planning Commission’s recommendations of the Governing Body.
b) Officially represent the Planning Commission and its staff at planning conferences, interdepartmental meetings of the municipal government and serve generally as a liaison between the Planning Commission and the public.
c) Encourage private development or investment in accord with comprehensive plans.
d) Cooperate with public and private agencies and with individuals for the development, acceptance, and effectuation of plans.
e) Supply information for and encourage interested public agencies and citizen organizations in programs to promote public understanding and approval of planning.
f) Accept other responsibilities as may be directed by the Planning Commission, governing body, or chief executive.
Article IX – RECORDS AND REPORTS
1. The Commission shall keep a record of its resolutions, transactions, findings and determinations.
2. All records of the Planning Commission shall be available for public view.
3. The Commission shall annually review the Comprehensive Plan to determine in any portion had become obsolete and shall make a report to the governing body regarding same on or before the first day of June of each year.
4. The Planning Commission shall prepare and file with the governing body an estimate of the expenditures of the Commission for the ensuing fiscal year, itemizing the expense, the amounts and the purposes.
Article X – PUBLICITY
1. The Planning Commission shall encourage the public to attend its regular meetings and shall take positive action to keep its activities before the public by supplying newspapers and radio and television stations with information and by having members and staff appear before civic groups to discuss the purpose of planning and the work of the Planning Commission.
Article XI – AMENDMENTS
1. These rules of procedure may be amended by an affirmative vote by a majority of the Planning Commission members provided such proposed amendment has been submitted in writing to each member of the commission at least three (3) days prior to the meeting at which such action is to be taken.
