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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
Amended March 19, 2018
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.
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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.
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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. T he 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 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
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provide community members with the opportunity to participate in their local
government.
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.
209: STAFF LIAISON: The Mayor shall appoint one or more staff liaisons to serve on
the Commission. The staff liaison shall schedule meetings and provide
information at the direction of the Commission. The staff liaison may provide
information on the staffs’ position at the request of the Commission but shall not
direct the Commission or advocate for a position.
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.
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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.
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)
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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
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: All regular and special meetings shall be open to the
public and shall be noticed in conformance with the Minnesota Open Meeting
Law. 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: 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
Planning Commission of the subject matter under discussion. The information
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should explain in detail the staff comments or work, or state that the staff will
present the necessary details and comments at the meeting.
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 Cit y’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 s hall 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.
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.
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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 as 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.
• 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.
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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.
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 request a motion to close the
public hearing or to continue the public hearing to a date and time certain.
8. Once the public hearing is closed, 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 on the matter at hand.
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. 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.
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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
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.