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HomeMy WebLinkAboutPC Bylaws Revised 20161 of 12 CITY OF PRIOR LAKE PLANNING COMMISSION BYLAWS Adopted May 16, 1994 Amended January 3, 1995 Amended June 19, 1995 Amended January 2, 1996 Amended January 6, 1997 Amended February 16, 1999 Amended June 7, 1999 Amended June 26, 2006 Amended November 17, 2008 Amended October 19, 2009 Amended January 3, 2011 Amended June 2012 Amended January 12, 2015 Amended January 11, 2016 SECTION 100: PURPOSE 101: The purpose of the Planning Commission bylaws is to provide a set of operating procedures for the Planning Commission, and to establish a code of ethics and conduct. 102: The Bylaws shall be reviewed annually by the Planning Commission, and any changes or amendments agreed to by a majority vote of the Commission shall be recommended to the City Council for adoption at its annual meeting. The City Council conducts its annual meeting as the first meeting in January of each year. SECTION 200: STRUCTURE OF COMMISSION 201: COMMISSION CREATED: A Planning Commission is hereby created for the City, its purpose to be of an advisory nature to the City Council and staff on issues related to zoning and development, except as provided by State Statute. The members of the Planning Commission shall annually elect officers in accordance with the procedures of paragraph 205 herein. 202: DUTIES OF THE COMMISSION: The duties of the Planning Commission are as follows: 1. To acquire and maintain in current form such basic information and background data that is necessary to an understanding of past trends, present conditions and forces at work to cause changes in these conditions. 2. To prepare, draft and recommend amendments to the Comprehensive Plan for review by the City Council on the advice of the City Community and Economic Development Director. 3. To recommend policies to the City Council for guiding action affecting development. 2 of 12 4. To determine whether specific proposed developments conform to the principles and requirements for the Comprehensive Plan and City ordinances. 5. To keep the City Council and the general public informed and advised as to all planning and development matters. 6. To review and make recommendations to the City Council on planned unit development and subdivision proposals. 7. To hold public hearings for subdivision, planned unit developments and rezoning applications and furnish the City Council with information and recommendations of such hearings. 8. To prepare and submit to the City Council within sixth (60) days after the end of the calendar year, a summary report of all variances granted to applicants from January 1 through December 31 of that calendar year. The summary report shall contain such information as deemed necessary and requested by the Council. 203: APPOINTMENT: The Planning Commission shall be composed of five (5) members, appointed by the City Council. Only residents of the City who are at least 18 years old shall be considered for appointment. Said members shall serve three (3) year-terms beginning November 1st and ending October 31st. The Commission shall be representative of the citizens who live in Prior Lake. Commission members may serve additional terms upon approval by the Prior Lake City Council, based upon satisfactory attendance and participation, continued residence within the corporate limits of the City of Prior Lake, and in accordance with the term limit policy established herein. Commission members may be appointed at any time throughout the year. If a Commission member is appointed at any time other than the standard City appointment process in October, the Commission member shall begin service immediately upon appointment and shall serve as if appointed in the previous October, serving two full years and a partial year. 204: COUNCIL LIAISON: Annually the City Council will appoint a Councilmember to serve as a Liaison between the Council and the Planning Commission. The role of the Liaison is to act as a conduit and resource for information by and between the Council and the Planning Commission and the Planning Commission and the Council. The Liaison shall make periodic reports to the Council on the activities of the Planning Commission. The Liaison shall communicate any Council input on a particular issue to the Planning Commission. The Liaison shall not participate in the discussion or deliberation of any matter pending before the Commission, except where the Planning Commission is meeting in a study or work session. The Planning Commission may, at its discretion, ask the Liaison whether the Council has discussed the subject under consideration and the nature of the discussion. The Liaison shall never use this occasion as an opportunity to communicate their personal position regarding the matter under consideration. A Liaison may always testify or submit written comments at a Public Hearing in their capacity as a private citizen so long as they make clear at the beginning of their testimony or their written comments that they are speaking on their own behalf and not on behalf of the Council. 3 of 12 205: VACANCIES: If an appointed member of the Commission resigns, is terminated, reaches a term limit, or otherwise vacates a seat of the Commission, the Prior Lake City Council shall appoint a replacement in the following manner: 1. Applications are solicited. A notice of the vacancy is made public and individuals may be encouraged to consider the position. The notice shall state the deadline for submitting applications. 2. Screening Committee. The City Manager or his designee, the City Council liaison to the commission, the staff liaison to the commission, and one member of the commission appointed by majority vote of the commission shall serve as the Screening Committee. An individual subject to re- appointment may not sit on the screening committee. 3. Appointment. The Screening Committee shall interview all candidates who have applied for appointment or reappointment and make a recommendation to the City Council. The recommendation of the Screening Committee will be presented to the City Council. The Council may accept or reject the recommendation. If the recommendation is rejected, the City Council may appoint another individual or reopen the application period and invite new candidates to apply. 206: OFFICERS: The Planning Commission shall elect from among its membership a chair and vice-chair. The Community and Economic Development Director shall act as secretary of the Commission. 1. Chair: The Chair shall be elected by majority vote of the Planning Commission prior to the first meeting in November. The term of the chair shall begin in November and run for one year. The duties of the chair shall include approval of meeting agendas, presiding at meetings, participating with the City Council in the selection of Commission members, semi-annual reporting to the City Council on all information collected under paragraph 202 and shall give an accounting of its activities and any information the Commission may consider relevant before the City Council annually or as directed otherwise. 2. Vice-Chair: The vice-chair shall be selected annually by the Commission and shall perform the duties of the Chair in his/her absence. The vice-chair shall assume such other duties as assigned by the chair. 3. Secretary: The Secretary and shall be responsible for recording and compiling a written summary of all official activities of the Planning Commission. 4. Vacancy: If the office of Chair or Vice-Chair becomes vacant, the Commission shall appoint a replacement by majority vote of those members present at the next regular meeting, and such election shall be for the unexpired term of said office. 207: TERM LIMIT: It is the policy of the Prior Lake City Council to impose a three term (9 year) service limitation for all appointed positions to the Planning Commission. Partial terms do not count toward the term limitation. The purpose of the term limit policy is to encourage resident participation on City advisory bodies and provide community members with the opportunity to participate in their local government. 4 of 12 208: REMOVAL OF MEMBER: Any member of the Planning Commission may be removed from office by a four-fifths (4/5) vote of the entire City Council for reasons including but not limited to: (i) failure to attend a minimum of 75% of meetings; (ii) failure to attend site visits/inspections; (iii) failure to review and understand agenda materials; (iv) failure to participate in an appropriate and productive manner; (v) failure to continue to meet any requirement set forth in Section 203; and (vi) failure to comply with any provision of these bylaws or any federal, state or local rule or regulation. SECTION 300: STATEMENT OF ETHICS 301: POLICY STATEMENT: The City of Prior Lake recognizes our system of democratic representative government is dependent in large measure, upon people having trust and confidence in their public officials. The public rightfully expects governmental officials will conduct City of Prior Lake business in ways which benefit the public good generally and that public office will not be used chiefly or improperly to advance personal interests. The City Council of Prior Lake has pledged the goals of fair, efficient and honest government will be fostered and that it will strive for integrity and objectivity from all of its officials. 1. The City of Prior Lake finds that the proper operation of democratic representative government requires that:  Elected and appointed officials be independent, impartial and responsible to the people;  Governmental decisions and policy are made in the proper channels of the governmental structure;  Public office and position not be used for personal gain; and  The public have confidence in the integrity of its government. 2. The City of Prior Lake shall adhere to the highest ethical standards that enhance the public trust in local government by:  Creating transparency in its actions through honest and open communication;  Basing decisions and adopting public policies based on what is in the best interest of the public and the overall community;  Supporting the public’s right to know the public’s business; and  Exercising fairness, optimism, responsiveness and respect in communicating with the public.  Providing a forum and periodic training for public officials and employees to discuss organizational values that reflect high standards and current conditions and concerns. 3. This Statement of Ethics shall be liberally construed in favor of protecting the public’s interest in full disclosure of conflicts of interest and promoting ethical standards of conduct. 302: CAMPAIGN FINANCE AND PUBLIC DISCLOSURE: Minnesota Statutes, Chapter 10A (adopted as the Ethics in Government Act) is incorporated herein by reference. This policy shall be construed and interpreted in consultation with the City Attorney according to Minnesota Statutes and case law. 5 of 12 303: GIFTS AND FAVORS: No public official shall accept any gift, including but not limited to money, real or personal property, services, loans, mementos, food, beverages, or any other favor or thing, regardless of value, from any interested person except as follows: 1. a contribution as defined in Minn. Stat. Section 10A.01, Subd. 11. 2. services to assist an official in the performance of official duties, including but not limited to providing advice, consultation, information, and communication in connection with legislation, and services to constituents. 3. services of insignificant monetary value. 4. a plaque or similar memento recognizing individual services in a field of specialty or to a charitable cause. 5. a trinket or memento costing $5 or less. 6. informational material of unexceptional value. 7. food or a beverage given at a reception, meal, or meeting away from the recipient's place of work by an organization before whom the recipient appears to make a speech or answer questions as part of a program. 8. received: (1) because of the recipient's membership in a group, a majority of whose members are not local officials, and an equivalent gift is given or offered to the other members of the group; (2) by an interested person who is a member of the family of the recipient, unless the gift is given on behalf of someone who is not a member of that family; or (3) by a national or multistate organization of governmental organizations or public officials, if a majority of the dues to the organization are paid from public funds, to attendees at a conference sponsored by that organization, if the gift is food or a beverage given at a reception or meal and an equivalent gift is given or offered to all other attendees. 9. received in exchange goods or services of equal value. 304: USE OF EQUIPMENT AND FACILITIES: No public official shall request or permit the unauthorized use of City-owned vehicles, equipment, materials, property, labor or services for personal convenience or profit. 305: CONFLICT OF INTEREST: Except as authorized in Minn. Stat. 471.88, a public officer who is authorized to take part in any manner in making any sale, lease, or contract in official capacity shall not voluntarily have a personal financial interest in that sale, lease, or contract or personally benefit financially therefrom. (Minn. Stat. Section 471.87) 306: A public official or local official elected to or appointed by a metropolitan governmental unit who in the discharge of official duties would be required to take an action or make a decision that would substantially affect the official's financial interests or those of an associated business, unless the effect on the official is no greater than on other members of the official's business classification, profession or occupation, must take the following actions: 1. Advise the City Attorney of the potential conflict of interest as soon as possible, preferably before the meeting; and 6 of 12 2. The City Attorney shall determine whether a disqualifying conflict of interest exists. 3. Any Planning Commission member shall orally inform the Planning Commission of the potential conflict and abstain from any participation in that agenda item if a conflict is determined to exist. 307: The purpose behind the creation of a rule, which would disqualify public officials from participating in proceedings in a decision-making capacity when they have a direct conflict of interest in its outcome, is to ensure that their decision will not be an arbitrary reflection of their own selfish interests. There is no settled general rule as to whether such an interest will disqualify an official. Each case must be decided on the basis of the particular facts present. Among the relevant factors that should be considered in making this determination are: (1) nature of the decision being made; (2) the nature of the pecuniary interest; (3) the number of officials making the decision who are interested; (4) the need, if any, to have interested persons make the decision; and (5) the other means available, if any, such as the opportunity for review, that serve to ensure that the officials will not act arbitrarily to further their selfish interests. SECTION 400: CONDUCTING MEETINGS 401: REGULAR MEETINGS: In conformance with the Minnesota Open Meeting Law all meetings of the Planning Commission are open to the public. Regular meetings shall be held on a minimum of a quarterly basis during each calendar year at Prior Lake City Hall, 4646 Dakota Street SE, Prior Lake, Minnesota. Regular meetings may be rescheduled, canceled or changed depending upon unique circumstances and subject to the approval and consent of either the Chair or Vice-Chair. 402: NOTIFICATION: A schedule of all regular meetings shall be kept on file at the City Clerk’s Office. Notice of all meetings shall be provided as required by the Minnesota Open Meeting Law. 1. Unless extenuating circumstances exist, a copy of the notice, agenda and accompanying materials shall be received by the Planning Commission, staff and others designated by the Planning Commission, no later than three (3) business days prior to the next scheduled meeting and no later than two (2) days prior to a special meeting. 2. Notice of any Public Hearing must be published as required by statute. 403: SPECIAL MEETINGS: Special Meetings of the Planning Commission may be called by the Chair or any two (2) members of the Planning Commission for the purpose of transacting any business designated in the notice. Staff may recommend calling a special meeting, but must receive approval from either the chair or two members of the Planning Commission. Notice of a special meeting shall be provided as required by the Minnesota Open Meeting Law. At such meetings, no business shall be considered other than as designated in the notice. 404: AGENDA AND MEETING FORMAT: Business of the meeting will be conducted according to the Agenda prepared by the Staff Liaison. A memo, report, or brief explanation of each agenda item shall be included in the Planning Commission agenda packet. The information provided by staff should serve to inform the 7 of 12 Planning Commission of the subject matter under discussion. The information should explain in detail the staff comments or work, or state that the staff will present the necessary details and comments at the meeting. The meeting agenda will be prepared according to the following: 1. Call to Order 2. Roll Call 3. Approval of Minutes 4. Hearings 5. Old Business 6. New Business 7. Announcements / Correspondence 8. Adjournment 405: MINUTE PREPARATION. The Staff Liaison is responsible for the preparation of the minutes of the meeting. The meeting proceedings will be audio-recorded and written minutes will be prepared. The written minutes of the meeting as approved by the Planning Commission are the official record of the meeting. The audio recording is intended to supplement the minutes for the purpose of an "on the record review" in a judicial proceeding. A DVD recording may also be prepared for the purpose of rebroadcast of the meeting on the City’s public access cable channel. The following two requirements for "minute" preparation shall be adhered to: 1. All motions typed in capital letters. 2. List the names of the Planning Commission Members after their vote on each motion. The official minutes shall be prepared and presented to the Planning Commission at the next regularly scheduled meeting as part of the agenda packet. The text of the minutes shall consist of official Planning Commission business conducted while the Planning Commission is in session. Any comments made at a meeting that are made prior to the start of or after adjournment of the meeting, or during any recess, shall not be made part of the minutes. The Planning Commission shall review the minutes and the presiding officer shall call for any additions or corrections. If an addition or correction is presented, the change must be specific as to place, paragraph, and sentence, if applicable. The official minutes shall be corrected to reflect the change. Approval of the minutes requires a motion, second and a majority vote of the members present at the meeting unless otherwise provided by these bylaws, State Statute or City Code. Planning Commission members who were not present at the meeting for which the minutes are being approved shall abstain from voting on the action to approve the minutes. The Staff Liaison is responsible for the maintenance and filing of the minutes. 1. The approved minutes shall be retained as a permanent record of the Planning Commission meeting. 2. The approved minutes of the past twelve months of Planning Commission meetings shall be available on the City Website. 8 of 12 3. All audio and DVD recordings will be retained in accordance with the City's data retention schedule. 406: ROLES AT MEETING: 1. All meetings of the Planning Commission shall comply with the Minnesota Open Meeting law, which requires meetings (with few exceptions) of all municipal bodies to be open to the public. The City of Prior Lake encourages citizen attendance. Public attendance at meetings of the Planning Commission helps to develop a more enlightened, interested and participatory citizenry. 2. Any Planning Commission member may recognize a member of the public for the purpose of asking question(s) relating to the matter under consideration by the Planning Commission. Members of the Planning Commission must use judgment and discretion when recognizing members of the public to answer a question during the time they have the floor. 3. Members of the Planning Commission may also ask questions of staff in order to clarify their understanding of the relevant information necessary to make an informed judgment. In preparation for Planning Commission meetings, Planning Commission members may want to consider contacting the Staff Liaison, in sufficient time prior to the meeting, to advise the question they intend to ask in order for the Staff Liaison to attempt to bring the additional information to the Planning Commission meeting. 4. The Chair shall be the presiding officer at all meetings. If the Chair is absent, the Vice-Chair shall preside at the meeting. If the Chair and the Vice-Chair are both absent, the Secretary shall call the meeting to order and preside until such time the Planning Commission elects among itself a member to preside at the meeting. The presiding officer, at all times, shall be allowed to vote in the same manner as all other members of the Planning Commission. 5. The presiding officer has two unique powers: interpreting and applying the rules of procedure; and recognizing speakers from the audience. That official shall have the obligation to be impartial and objective in conducting the meeting. 6. The presiding officer shall recognize all speakers from the audience, except when a member of the Planning Commission has the floor and they expressly recognize a member of the audience who desires to speak on the issue under consideration. 7. The presiding officer has the responsibility to facilitate discussion by the Planning Commission. This may occur in a variety of ways, including:  Interpret and apply rules of procedure  Decide whether motions are properly made.  Decide whether motions are in order.  Decide whether questions of special privilege ought to be granted.  Decide when to recognize speakers. 9 of 12  Call for motions or recommend motions.  Expel disorderly persons from the meeting.  Enforce speaking procedures. 8. The presiding officer is responsible for maintaining order at the meetings. Although meetings must be open to the public, no person who is noisy or unruly has a right to remain in the Council Chambers. When individuals abuse their rights to be present, the presiding officer, subject to overrule by the Planning Commission, can order their removal from the room. 407: PUBLIC HEARING FORMAT. Public Hearings shall be conducted in the following manner: 1. The presiding officer announces the agenda item that is the subject of the public hearing. 2. It is the intent of the Planning Commission to open all public hearings at the time indicated in the public hearing notice, or as soon as possible thereafter. From a practical standpoint, not all hearings can be opened at their designated time. The Planning Commission may delay the start of a hearing until the pending business is acted upon. However under no circumstances may a public hearing be opened prior to the time specified in the notice and published in the official newspaper. 3. Staff and/or a consultant make a presentation or report on the subject matter of the public hearing. 4. At the conclusion of any presentation or remarks by staff and/or a consultant, the presiding officer asks the Planning Commission members if they have questions of the staff or consultant. 5. The presiding officer requests a motion and second from a member of the Planning Commission to open the public hearing and calls for a vote. 6. The presiding officer declares the public hearing opened, announces the time and then proceeds to ask for citizen input, comments and questions.  Members of the public, interested parties or their authorized representatives may address the Planning Commission orally. If the speaker intends to present written or hard copy materials to support their presentation to the Planning Commission, they must provide the staff, at the time of their presentation or before, seven (7) copies of the original for distribution to Planning Commission members and City staff. If the materials are lengthy the members may not have sufficient time to review the materials during the presentation; please consider providing materials in advance to allow the members sufficient time for review. The materials will be included in the public record. If the speaker intends to present audio or video materials to support their presentation to the Planning Commission, such materials must be in an electronic format that is compatible with the City’s existing equipment. An audio or video presentation may not introduce testimony from any person other than the author. The electronic materials should be submitted to the staff by 12:00 p.m. noon of the day of the meeting. The City will use best efforts to play audio or video presentations, however, if there are technical or other issues the City will not disrupt a meeting in order to play the presentation. 10 of 12 All materials including audio and video presentations are subject to the presiding officer’s judgment relating to timeliness and relevance.  If unable to attend the meeting, members of the public, interested parties or their authorized representatives may submit written comments and supporting materials. Seven (7) copies of the comments and materials must be submitted to the City staff prior to the Planning Commission meeting. The comments and materials will be distributed to Planning Commission members and City staff. The written comments and materials will become part of the record, but will not be read aloud at the meeting  If unable to attend a meeting, members of the public, interested parties or their authorized representatives may submit testimony to the Planning Commission using a prerecorded audio or video communication. An audio or video communication must be in an electronic format that is compatible with the City’s existing equipment. An audio or video presentation may not introduce testimony from any person other than the author. The author of the recorded testimony must provide seven (7) copies to the City staff at least seven (7) calendar days prior to the meeting in order to allow staff an opportunity to view the presentation and prepare a written summary. The recorded testimony and summary prepared by the staff will be provided to the Planning Commission as part of their Planning Commission agenda package. The audio or visual communication may be used by individual Planning Commission members in preparation for the Planning Commission meeting, but will not be played during the meeting. The presentation and the summary will become a part of the public record. Generally, Planning Commission agenda packages are distributed to members of the Planning Commission three (3) days prior to the meeting. 7. After all persons have been heard, the presiding officer will ask whether there are any other persons in attendance who want to be heard on the matter pending. The presiding officer will explain that the Planning Commission is going to deliberate and that the Commission may not take any additional public comment prior to closing the hearing and taking action. The presiding officer will then ask one more time whether there are any other persons in attendance who want to be heard on the matter pending. 8. The Planning Commission addresses the subject matter through deliberation. The Planning Commission may ask questions of the staff and City Attorney. Planning Commission members should refrain from calling upon a member of the public except for the sole purpose of asking a question that can be answered by a “yes” or “no” response. 9. Once the deliberations are complete, the presiding officer requests a motion. There are two (2) possible motions, seconds and votes:  A motion and second to close the public hearing. Once the vote is taken, the public hearing is closed. The presiding officer announces, for the record, the time the public hearing is closed; or  A motion and second to continue the public hearing to a date certain. The presiding officer, in consultation with the Staff Liaison and the Planning Commission, shall select and announce a time and date certain for the continued public hearing. No additional publication or notice are needed if a hearing is continued to a later specified date. No public hearing may 11 of 12 be continued more than once without re-notice, publishing the time, date, location and subject of the public hearing. 10. If the public hearing has been closed, rather than continued until a date certain, the Planning Commission may take action on the subject matter. 408: QUORUM AND VOTING: At each meeting a majority of all the members appointed (e.g. three out of five, four out of six) shall constitute a quorum for the transaction of business. The voting options available to the Planning Commission when a vote has been initiated are: aye (affirmative); nay (negative vote); and a qualified abstention. When a vote is to be taken, the presiding officer shall first call for the ayes, then the nays, and if applicable, shall call for abstentions. The votes of each member shall be recorded in the minutes. If a member of the Planning Commission is absent during a vote, the member’s vote for the official minutes shall read as “absent”. SECTION 500: MOTIONS AND RESOLUTIONS 501: The Planning Commission may take formal action in one or two methods - motions, or resolutions. All motions in any form require a second unless otherwise stated below. All votes of the Planning Commission in any of the two methods require a majority vote for approval unless otherwise specified below or prescribed by statute. 502: MOTIONS: A motion is a matter of parliamentary procedure. Motions are a formal method of bringing business before the Commission and for stating propositions on which a decision will have to be made. It also can be used in the form of a proposal so that the Planning Commission can act by resolution. Motions may be used to introduce resolutions, to amend them, and to take any other actions concerning them. Motions may also be used for action on simple administrative acts, such as approving the monthly department reports, or directing the Community Development/Natural Resources staff. Every motion shall be stated in full and be reasonably understood, to the extent practical, before it is submitted to a vote by the presiding officer. 503: RESOLUTIONS: Resolutions are normally used to reflect the Planning Commission position on items of business that do not require or warrant an ordinance. Resolutions may be enacted on a motion, which has been duly seconded, and received majority vote. The Community Development/Natural Resources Director will maintain a record of all resolutions and will be responsible for the proper numbering and execution of each resolution adopted by the Planning Commission. SECTION 600: SCOPE OF POWERS AND DUTIES 601: POWERS AND DUTIES: The Commission shall act in an advisory capacity to the Prior Lake City Council and shall advise the City Council on issues related to zoning and development identified in Section 200, except as provided by State 12 of 12 Statute, or as assigned to the commission. The Commission Chair shall give an accounting of the Commission’s activities with respect to its goals and objectives before the City Council. Additionally, specific powers, duties and responsibilities may be assigned to the Commission upon approval of the City Council. 602: SUBCOMMITTEES: The Commission may divide its membership into Subcommittees as it deems necessary to implement its goals and objectives. SECTION 700: AMENDMENTS 701: AMENDMENTS: These bylaws shall be reviewed by the Commission annually. The Commission may recommend revised Bylaws to the City Council for final approval.