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Home My WebLink About9A Updating Bylaws MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT OCTOBER 6, 2008 9A JANE KANSIER, BUILDING AND TRANSPORTATION SERVICES DIRECTOR CONSIDER APPROVAL OF A RESOLUTION UPDATING THE BYLAWS FOR THE CITY COUNCIL, THE COMMUNICATIONS AND TECHNOLOGY ADVISORY COMMITTEE, THE COMMUNITY SAFETY ADVISORY COMMITTEE (CSAC), THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE (EDAC), THE LAKES ADVISORY COMMITTEE (LAC), THE PARKS ADVISORY COMMITTEE (PAC) AND THE PLANNING COMMISSION Introduction The purpose of this agenda report is to consider amendments to the City Council bylaws, as well as bylaws for the Communications and Technology Advisory Committee, the Community Safety Advisory Committee, the Economic Development Advisory Committee (EDAC), the Lakes Advisory Committee (LAC), the Parks Advisory Committee (PAC) and the Planning Commission. The Economic Development Authority bylaws will be revised to be consistent as well, and will be scheduled for EDA approval in the next month or two. Historv Over the last several months, staff has been working on updates to City bylaws. The purpose of this update is to ensure consistency between committees and to include a code of ethics in the bylaws. The proposed changes to the various bylaws were considered by the LAC, the PAC and the Planning Commission at regular meetings in May and June. The Community Safety Advisory Committee considered bylaws at their first meeting. The City Council's Bylaws and Compensation subcommittee considered the changes on July 30, 2008. The EDAC will consider the bylaws revisions on October 1, 2008. The City Council considered the first draft of the bylaws on August 18, 2008. The Councilors expressed concern that, as written, the conflict of interest provisions would eliminate those with business interests in the community from serving on future City Councils. The last thing City government wants to do is limit the possibility of participating in the process. The Council also expressed concern about the details of the disclosure form and which committees should be required to sign the form. The Council referred this item back to the City Council Bylaws and Compensation Committee. The subcommittee, consisting of Councilors Erickson and Millar, the City Manager, the City Attorney and I met on September 2, 2008. The discussion focused on the ethics provision in the bylaws. The subcommittee concluded the code of ethics provisions could be equally effective with modifications. The www.cityofpriorlake.com R\Couricil\2008 ,il,genda Repcrts\ 1 0 q6~~~l}!?!J8(mrt,ro~.44 7.4245 ISSUES: FINANCIAL IMPACT: ALTERNATIVES: R\Council\2008 subcommittee directed the staff to revise the bylaws to reference State statutes and case law in the ethics provisions. Current Circumstances The changes to the bylaws include: . A statement of ethics . An increase in term limits to nine years for all advisory bodies rather than nine years for the Planning Commission and six years for all others. . Addition of a format for public hearings in all advisory committee bylaws . Format changes, The Statement of Ethics begins with a policy statement and an implementation statement. The conflict of interest provisions reference State Statute and case law. These areas are in Section 500 of the City Council bylaws, and are incorporated into Section 300 (Statement of Ethics) of the advisory committee bylaws. These provisions include practices and procedures to avoid unethical conduct, including recusal from acting on decisions where the Council, Commission or Committee member has a disqualifying conflict of interest. State statutes govern financial and other reporting requirements for City Council members or other individuals running for office. The proposed Statement of Ethics is the same for the City Council and all appointed committees. The second change is an increase in term limits to nine years for all advisory bodies rather than nine years for the Planning Commission and six years for all others. This change recognizes the business of the committees and commissions is growing more complex and the longer term limits will help keep qualified members in place. The advisory committee bylaws have also been amended to include a public hearing process similar to the process in the Planning Commission bylaws. The LAC will be taking on the public hearing responsibilities for the Stormwater Pollution Prevention Plan (SWPP), so including this process was necessary. The staff suggests including the process in the other advisory committee bylaws in the event the Council chose to use these groups for other public hearing or information gathering meetings. Finally, the format for all the bylaws has been revised so it is consistent across the board. The format is modeled after the original City Council bylaws. The bylaws have been discussed by the committees affected and by the Bylaws and Compensation subcommittee. The bylaws now reflect current practices and contain provisions regarding public hearings and a Statement of Ethics. The bylaws are also more consistent now than before. There is no financial impact to the City as a result of these changes. 1. Adopt a resolution approving the amendments to the bylaws as written or Reports\10 06 08\byiawsagendareport1 DOC A RESOLUTION UPDATING THE BYLAWS FOR THE CITY COUNCIL, THE COMMUNICATIONS AND TECHNOLOGY ADVISORY COMMITTEE, THE COMMUNITY SAFETY ADVISORY COMMITTEE, THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE (EDAC), THE LAKES ADVISORY COMMITTEE (LAC), THE PARKS ADVISORY COMMITTEE (PAC) AND THE PLANNING COMMISSION. Motion By: Second By: WHEREAS, The City Council adopts bylaws to provide a set of operating procedures for the City Council, the Communications and Technology Advisory Committee, the Community Safety Advisory Committee (CSAC), the Economic Development Advisory Committee (EDAC), the Lakes Advisory Committee (LAC), the Parks Advisory Committee (PAC) and the Planning Commission; and WHEREAS, The Bylaws are updated on a regular basis to reflect changing conditions; and WHEREAS, The current updates include a statement of ethics and a change in term limits. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The City Council hereby approves the amendments to the bylaws for the City Council, the Communications and Technology Advisory Committee, the Community Safety Advisory Committee (CSAC), the Economic Development Advisory Committee (EDAC), the Lakes Advisory Committee (LAC), the Parks Advisory Committee (PAC) and the Planning Commission. PASSED AND ADOPTED THIS 6TH DAY OF OCTOBER, 2008. YES NO I Haugen I Erickson I Hedber9 I LeMair I Millar Haugen Erickson Hedberg LeMair Millar Frank Boyles, City Manager r2sor~6!yofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 CITY OF PRIOR LAKE, MINNESOTA Mayor and City Council BYLAWS Adopted on May 27 I 1986 Revised: January 1991 January 1993 May 1993 January 1994 January 1995 January 1996 January 1997 May 1997 January 1998 March 1998 January 1999 April 2000 October 2002 March 2006 May 2006 June 2007 October 6,2008 FRANK BOYLES CITY MANAGER TABLE OF CONTENTS Section # Topic Page # Section 100 Purpose 3 Regular, Special and Emergency Meetings and Work Section 200 Sessions 3 Section 300 Annual Meeting 5 Section 400 Meeting Agenda Format and Consent Agenda 6 Section 500 Quorum and Voting Procedures 7 Section 600 Minute Preparation 9 Section 700 Roles at Meeting 10 Section 800 Motions, Resolutions, Ordinances 12 Section 900 Public Hearing Format 13 Section 1000 Committee Structure 14 Section 1100 Suspension of Rules 16 Section 1200 Reimbursement for Expenses 16 Section 1300 Code Statement of Ethics and conduct 18 Section 1400 City Council Recognition 18 Appendix A Types of Motions 20 R:\CounciI\2008 Agenda Reports\10 06 08\City Council Bylaws Revised October2008.docJ:\laRe\Researsh\8ylew&\City CeuRsi~City CellRs" ilyle'lls Re':ised Osteber 2oo8.lIes 2 SECTION 100: PURPOSE 101: PURPOSE: The purpose of the Prior Lake City Council Bylaws is to provide the members of the City Council with a set of operation procedures designed to guide them during the Council meetings, and to establish a code of ethics and conduct. 102: The Bylaws shall be considered and adopted at the Annual Meeting of the Prior Lake City Council. The Annual Meeting is the first regular meeting in January. Bylaws can be reviewed and amended at any meeting other than the Annual Meeting. Any changes or amendments to the Bylaws shall follow this procedure: 102.1 A motion to amend a specifiC section, subsection, paragraph, sentence, or line is proposed is proposed. 102.2 A second to the motion is required. 102.3 Discussion on the Bylaws amendment occurs. 102.4 The vote is taken. A simple majority is required to pass the Bylaws at the annual meeting. A super majority is required at any meeting other than the annual meeting. SECTION 200: REGULAR, SPECIAL AND EMERGENCY MEETINGS, AND WORK SESSIONS 201: Except as otherwise provided in the Minnesota Open Meeting Law, M.S.A., Section 471.705, all meetings of the City Council, including regular, special, emergency, work sessions, and adjourned meetings shall be open to the public. 202: REGULAR MEETINGS: The Prior Lake City Council regular meeting shall be held on the first and third Mondays of each month commencing at 6:00 p.m. All regular meetings shall be held in the designated City Council Chambers. A Public Forum will be incorporated into the regular meeting agenda following the adoption of the agenda. The Public Forum will last no later than 30 minutes. The purpose of the Forum is to afford the public an opportunity to address concerns to the Council. Items to be considered on the Public Hearing or Public Information Hearing portion of the agenda cannot be addressed at the Public Forum. Forum items are also restricted to City governmental topics rather than as a mechanism for private agendas. Public Forums are included as part of the regular meeting minutes and cablecast live. When a regular meeting is projected to fall on an official holiday, the City Council shall reschedule the meeting for the following business day. The City Council may consult with the City Manager to determine the amount of business pending and decide by majority vote to reschedule or cancel a meeting. The City Manager shall post notice and publish in the paper the decision of the City Council to reschedule or cancel the meeting pursuant to the Open Meeting Law. A City Council member shall inform the City Manager when an absence is planned or pending prior to the meeting. The City Manager shall inform the members of the City Council at the meeting that the member cannot be in attendance at the meeting. R:\CounciI\2008 Agenda Reports\10 06 08\City Council Bylaws Revised Oclober2008.docJ:\JaRe\.ResearGl:1\QylalJ}&l.ci~' CElIlRsil\City Cel:lAsil Qylav:s Re'..ise9 OGteser 2008.99G 3 203: SPECIAL MEETINGS: Special Meetings may be called by any two (2) members of the City Council. Written notice shall be given to each member of the City Council of the time, place and purpose of the meeting. The notice shall be delivered to the member or a responsible person at the member's residence at least three days in advance of the meeting. (See City Code Section 105.200) Notice shall be posted at City Hall and provided to any member of the public or news media who have requested notification in writing. 204: The agenda for a regular meeting will be prepared by the City Manager and shall be available the Wednesday before the following Monday meeting, except in the event of a holiday during agenda preparation week in which case the agenda will be available on Thursday. The agenda shall include the items set forth in Section 400 - Meeting Agenda Format and Consent Agenda. Copies of the agenda, supporting documentation and minutes from the previous meeting shall be made available to the public: 204.1 Once the materials have been delivered to the Councilmembers. 204.2 A copy of the agenda materials will be available in the Council Chambers for public inspection at the time of the meeting. 204.3 Agenda materials will also be available online through the City's website on the Thursday preceding the City Council regular meeting. 205: EMERGENCY MEETINGS: The Mayor or City Manager may call an emergency meeting. Notice of the emergency meeting shall be given by either telephone, fax or written notice to members of the City Council. Notice shall be provided to each news medium and individual that has filed a written request for notice. Posted or published notice of an emergency meeting shall not be required. An "emergency" meeting is a special meeting called because of circumstances that require immediate consideration by the City Council. 206: WORK SESSIONS: The City Manager may schedule work sessions subject to Council approval. The purpose of the work session is to afford the City Council, City Manager and City staff the opportunity to discuss policy matters in a more informal environment. Public input will not be allowed unless specifically scheduled in the agenda. The work session may be canceled at the discretion of the City Manager. 207: CITY COUNCIL FORUM: A City Council "Forum" shall be scheduled at 6 p.m. as part of each City Council meeting. The Forum shall not exceed thirty (30) minutes. No individual presentation shall exceed ten (10) minutes. If more than three (3) persons desire to speak, the time allotted for each presentation shall be reduced equally to stay within the time limit. To be recognized, individuals who desire to participate in the Forum shall use the sign-up sheet provided outside the City Council Chambers. The sign-up sheet shall be available at 5 p.m. The Forum is provided as an opportunity for residents, business owners and property owners of Prior Lake to address the City Council on any subject that is of community interest, provides information required by the Council to complete its duties, or is provided by agencies representing citizens of Prior Lake. 207.1 Every individual who addresses the Council at the Forum must first be recognized by the presiding officer and then shall state his/her name and address before beginning any comments. The city manager shall be the R:\CounciI\2008 Agenda Reports\10 06 08\City Council Bylaws Revised October 2008.doc.J:\JaRe'.ReseaFSll\8yla'.'l's\Cil)' CSIlRsillCity CSlJRsil8ylaws Rll':ised Oste~er 2008.dss 4 timekeeper for the Forum so that each speaker receives an appropriate amount of time. 207.2 No Council action may take place during the Forum. However, Councilmembers may express their views or reaction to a presentation and may ask questions of the presenter. 207.3 At the conclusion of the Forum, the Council may, by motion and majority vote, indicate its interest that the subject matter of a Forum presentation be placed on a subsequent City Council agenda. 207.4 Items to be considered on the agenda may be addressed at the Public Forum unless they are the subject of a public hearing or public information hearing. Forum items are also restricted to City governmental topics rather than as a platform for private agendas. 207.5 If any Councilmember deems that the comments are not germane to issues within the purview of the City Council, the Councilmember may request the presiding officer to request the speaker to yield the podium. Further, any Councilmember may object to the request of the presiding officer to ask a speaker to yield the podium, in which case, the presiding officer shall put the matter to a vote of the Council. 207.6 Public Forums are included as part of the regular meeting minutes and cablecast live. 207.7 As the presiding officer, the Mayor shall have the authority to adjourn the public forum if there is a breach of decorum. SECTION 300: ANNUAL MEETING 301: The first regularly scheduled meeting in January shall be referred to as the annual meeting. Regular business may be conducted at this meeting and the following organizational business is required unless deferred by the Council for a specific reason. 301.1 Swear in newly elected officials, if applicable. 301.2 Elect Acting Mayor. At its first meeting each year the Council shall choose an acting mayor from the Council members. The acting mayor shall perform the duties of mayor during the disability or absence of the mayor from the City or, in case of vacancy in the office of mayor, until a successor has been appointed and qualifies. MN Stat. 412.121. 301.3 Appoint the Official newspaper. 301.4 Designate the Official bank. 301.5 Designate the Equalization Committee. 301.6 Appoint the Fire Chief/Assistant 301.7 Appoint an Auditing Firm. 301.8 Appoint a Fiscal Consultant. 301.9 Designate a Civil Defense Director 301.10 Designate a Health Officer 301.11 Appoint Council Members to serve as Liaisons to the various City Advisory CommitteesAdvisory Committees 301.12 Approval of City Council Appointed Committee Bylaws and Procedures. 301.13 Approve City Council Bylaws. 301.14 Designate an Animal Control Officer. 301.15 Adopt the Yearly Fee Schedule. R:\CounciI\2008 Agenda Reports\10 06 08\City Council Bylaws Revised October 2008.docJ:\JaRel.ReseaFGR\liyla'.'JsI.City C9lJRemCity C9lJReillilyla'.\l6 Re'/ised OGteliler 2008.doo 5 301.16 Appoint the Special Assessment Committee. 301.17 Other appointments as may be appropriate. SECTION 400: MEETING AGENDA FORMAT AND CONSENT AGENDA 401: Business of the meeting will be conducted according to the agenda prepared by the City Manager. The City Manager will prepare an agenda that follows this order: 401.1 Call to Order and Pledge of Allegiance 401.2 Public Forum 401.3 Approval of Agenda . The City Council may, by motion, change the order an item is to be considered on the agenda except those it may not begin a public hearing before the time specified in the public notice. 401.4 Approval of Minutes 401.5 Consent Agenda . With the adoption of these Bylaws, a Consent Agenda is created. The purpose of the "Consent Agenda" is to group items of a routine and non- controversial nature for consideration under one motion. There will be no separate discussion of items placed on the "Consent Agenda". If discussion of an item on the "Consent Agenda" is desired, any member of the Council can request that item must be removed from the Consent Agenda and considered separately. . The City Manager shall determine what items may be considered routine and non-controversial; and therefore appropriate for inclusion as a Consent Agenda item. To provide the City Manager with guidance, the following types of items tend to be routine and non-controversial: grant deeds, grants of easements, adoption of ordinances and resolutions previously considered by the city council, investment report, quarterly budget report, treasurer's report, animal control report, building inspection report, non-controversial license requests, standard development contracts, calls for bid, reports of administrative actions and proposals, leases and agreements previously approved in principle, reports for filing or setting dates for public hearings, approval of payment of contracts, approval or denial of claims, award of bids, or any other item the City Manager considers routine and non-controversial. . The City Council Agenda sheet shall include the following statement: "Those items on the Council Agenda which are considered routine and non- controversial are included as part of the Consent Agenda. Items may be removed from the Consent Agenda at the request of any Councilmember or the City Manager. 401.6 Removed Consent Agenda Items 401.7 Presentations . The City Manager may schedule presentations before the City Council giving preference to presenters and topics that relate to City governmental business. Presentations are not action items. 401.8 Public Hearings I Town Meetings 401.9 Old Business R:\CounciI\2008 Agenda Reports\10 06 08\City Council Bylaws Revised October 2008.docJ:\JaRe\ResearGRIBylaws\City CellRSmCity C911RGil8yla>JJs Re'.'ised OGleber 209S.dOG 6 401.10 New Business. 401.11 Other Business - Including Community Events and Councilmember Reports . Members of the City Council and staff may present items under Other Business that will be discussed and deliberated for the first time. These items should, for the most part, be informational. The City Council has the authority to request action or take a formal position on the item(s); however, this shall be done on an item-by-item basis. 401.12 Adjournment 402: CITY MANAGER TO DETERMINE AGENDA: It shall be the responsibility of the City Manager to prepare and decide the City Council agenda. The City Manager shall be responsible for overseeing and reviewing the preparation of all agenda items. 402.1 If a member of the public requests to appear before the City Councilor requests an item to be placed on the Council agenda, the City Manager shall determine whether the item should appropriately be considered by the City Council at a regular meeting. 402.2 If the City Manager determines that an item should not be placed on a City Council agenda, the City Manager may recommend that the individual appear at a City Council Forum. 402.3 The City Manager shall maintain a list of items scheduled to appear on meeting agendas. The City Manager shall endeavor to manage the anticipated length of Council meetings in order to assure each matter receives full and fair consideration, and that the meeting can be concluded by 11 p.m. 402.4 The City Council maintains final authority to approve, disapprove or modify the agenda. 403: The presiding officer may call a recess at any time during the meeting. Except for recesses for executive sessions, the presiding officer shall announce the length of the recess. The purpose of the recess is to provide the City Council, City staff and the public attending the meeting with a short rest period from the Council business. 404: Unless waived by motion, second and majority vote, no agenda item shall be initiated after 11 p.m. If a motion to extend the meeting is tendered, it shall include the time the meeting is to be adjourned. A meeting, once extended, must be adjourned at the time specified in the approved motion to extend. SECTION 500: QUORUM AND VOTING PROCEDURES 501: At each meeting, a majority of all the members elected (3 out of 5) shall constitute a quorum for the transaction of business. 502: The voting options available to the City Council when a vote has been initiated are: aye - an affirmative vote; nay - a negative vote. A Councilmember may abstain only when they have a disqualifying conflict of interest. 503: 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 R:\CounciI\2008 Agenda Reports\10 06 08\City Council Bylaws Revised October 2008.docJ:\JaAel;l;~esearGh\liylaw6\'City C9IlRQillCity Ce~AQil8yla>lJ6 Revised Osleller 2008.aes 7 benefit financially therefrom. Minn. Stat. Section 471.87 504: 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: 504.1 Advise the City Attorney of the potential conflict of interest as soon as possible, preferably before the meeting; and 504.2 The City Attorney shall determine whether a disqualifying conflict of interest exists. 504.3 Any Councilmember shall orally inform the City Council of the potential conflict and abstain from any participation in that agenda item. 505: 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 insure 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 insure that the officials will not act arbitrarily to further their selfish interests. 506: When a vote is to be taken, the presiding officer shall first call for the ayes, then the nays. The votes of each member shall be recorded in the Minutes. If a member of the City Council is absent during a vote, the member's vote for the official Minutes shall read as "absent". 507: Three votes shall be necessary for approval of any ordinance unless a larger number is required by statute. A majority vote of a quorum is necessary for the approval of all general motions and resolutions. 508: When a question is put by the presiding officer, every member present shall vote; unless the Council, for special reason, shall excuse a member prior to the calling of the vote or a conflict of interest prohibits a member from voting. If a member abstains from voting based upon a conflict of interest, the Councilmember must advise the presiding officer of the nature of the conflict. A vote dealing with a special assessment that affects a Council member's property shall be considered a disqualifying interest. Otherwise, any Councilmember, who being present when his or her name is called fails to vote upon any then pending proposition, shall be recorded as having voted in the affirmative. 509: VOTING PROCEDURE: An agenda item shall be put before the City Council for its consideration and vote in the following manner: 509.1 The City Manager introduces the agenda item and provides the City Council with a description of the item and the action requested of the Council. R:\CounciI\2008 Agenda Reports\10 06 08\City Council Bylaws Revised October 2008.docJ:\JaRe\ReseaFQh\8ylaws\City CSIIRGiIlCity C?'l"'J;J gylawll Re':ised OGteoer 2gg8.dss 8 509.2 The City Manager or any Councilmember may call upon City staff to describe an agenda item or to provide additional information. 509.3 Discussion of the agenda item by the Council requires a motion and second to formally put the matter before the Council. 509.4 Councilmembers may, at this point, ask questions of staff, present their views and engage in a dialogue with other members of the Council. 509.5 After discussion concludes, the presiding officer shall call for a vote on the matter pending. SECTION 600: MINUTE PREPARATION 601: The City Manager is responsible for the preparation of the minutes of the Meeting. The meeting proceedings will be audio-recorded and wAsn w:ailable videa taJ*H'ecorded on a DVD and noted by the Administrative Assistant. The minutes of the meeting as approved by the City Council are the official record of the meeting. The tape recording is intended to supplement the minutes for the purpose of an "on the record review" in a judicial proceeding. The following two requirements for "Minute" preparation shall be adhered to: 601.1 All motions typed in capital letters. 601.2 List the names of the City Council after their vote on each motion. 602: The official Minutes shall be prepared and presented to the City Council at the next regularly scheduled meeting as part of the agenda packet. The text of the minutes shall consist of official Council business conducted while the Council 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 City Council 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. 603: Approval of the minutes requires a motion, second and a majority vote of the members present at the meeting. Councilmembers 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. 604: The City Manager is responsible for the maintenance and filing of the Minutes. 604.1 Written minutes will be retained as a permanent record either in paper, on microfilm, or in a digital format available online through the City's Website. 604.2 All audio and video tape/DVD proceedings will be retained in accordance with the City's data retention schedule. VideoslDVDs and audio tapes may be viewed/heard at City Hall during normal business hours. Original video tapeslDVDs may be loaned out after the cable re-broadcast of the meeting is completed on a first-come, first-served basis. Parties requesting copies of video tapeslDVDs must provide a blank tapelDVD to the City who will make the copy as time and technology permits. Audio tapes will not be loaned out. R:\CounciI\200B Agenda Reports\10 06 OB\City Council Bylaws Revised October200B.docJ:\JaRe\ResearGl1\8ylawsl,City C9IlRsil-\City CElllRSil8yla'l:s Re':ised OslGber 2008.dGO 9 604.3 Verbatim copies of audio tapes, if available, may be obtained from the City for a fee consisting of actual costs incurred (materials Ilabor). 605: A verbatim transcript request of all or any part of a meeting may be requested by a member of the general public. A fee for the transcript shall consist of the actual costs for preparing such transcript, e.g., hourly wage, fringe benefits, copying and mailing costs unless the City has, for its own purposes, previously prepared a verbatim transcript, in which case the individual requesting a copy of the transcript shall pay the City's standard photocopy charge. SECTION 700: ROLES AT MEETING 701: All meetings of the City Council 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 Council of Prior lake encourages citizen attendance. Public attendance at meetings of the Council helps to develop a more enlightened, interested and participatory citizenry. 702: OBJECTIONS TO RECESSING THE REGULAR MEETING INTO EXECUTIVE SESSION. Any individual desiring to object to the Council's adjournment into an executive session shall do so in the following manner. This process is included in the bylaws to give individuals or organizations standing without disruption of any regular meeting. Any comments made at a meeting that are ruled out of order by the presiding officer shall not appear in the minutes. 702.1 The objection shall be made in writing providing the basis or legal authority for the objection, together with the name, address and phone number of the objector. 702.2 The written objection must be tendered to the City Manager within one business day of the alleged violation. 703: Any Councilmember may recognize a member of the public for the purpose of asking question(s) relating to the matter under consideration by the Council. Members of the City Council must use judgment and discretion when recognizing members of the public to answer a question during the time they have the floor. 704: Members of the Council 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 Council meetings, Councilmembers may want to consider contacting the City Manager, in sufficient time prior to the meeting, to advise the question they intend to ask in order for the City Manager to attempt to bring the additional information to the Council meeting. 705: Members of the general public, interested parties or their authorized representatives may address the City Council by written communications in regard to matters under discussion. Written communications may be read aloud at the meeting at the discretion of the presiding officer, if so requested by the author or a member of the City Council. In any case, the written communication shall become part of the record. The communication(s) may be read by the presiding officer or his/her designee. If the R:\Council\2008 Agenda Reports\10 06 08\City Council Bylaws Revised October 2008.docJ:\JaRe\ReseaFCI1\8yla':Js\City CO\lRGi~City CSIlRGillilylaws Re'/isetl OElleber 2QQ8.dOG 10 communication is lengthy, the presiding officer may summarize the content and advise that the full text of the communication will be part of the record and available to the public for review. 706: The presiding officer has the same voting powers as do the Councilmembers. The presiding officer may vote whenever a vote is taken and he/she does not have any extra voting powers if the vote results in a tie, except as may be authorized by state statute. 707: The Mayor shall be the presiding officer at all meetings. If the Mayor is absent, the Deputy Mayor shall preside at the meeting. If in the event the Mayor and Acting Mayor are absent, the City Manager shall call the meeting to order and preside until such time the City Council 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 Councilmembers. 708: The presiding officer has two unique powers: (1) interpreting and applying the rules of procedure; and (2) recognizing speakers from the audience. 709: The presiding officer is responsible for maintaining order at the meetings. 710: The presiding officer shall recognize all speakers from the audience, except when a member of the Council has the floor and they expressly recognize a member of the audience to answer questions relating to the issue under consideration. 711: The presiding officer has the responsibility to facilitate discussion by the City Council. This may occur in a variety of ways, including: 711.1 Interpret and apply rules of procedure. 711.2 Decide whether motions are properly made. 711.3 Decide whether motions are in order. 711.4 Decide whether questions of special privilege ought to be granted. 711.5 Decide when to recognize speakers. 711.6 Call for motions or recommend motions. 711.7 Expel disorderly persons from the meeting. 711.8 Enforce speaking procedures. 712: One member of the Council shall serve as Deputy Mayor elected by the Council at the Annual Meeting. The Deputy Mayor shall preside at all meetings when the Mayor is absent from the meeting assuming responsibilities as set forth above. In the absence from the City or disability of the Mayor, or where the Mayor is known to be unreachable and there is an urgency to executing the document, the Deputy Mayor may execute documents on behalf of the City. 713: All members of the City Council may make and second motions, participate in discussions and vote whenever a vote is taken. 714: As individuals, Councilmembers have no administrative authority. When acting as a Council, however, the legislative body has authority over the appointed City Manager. 715: The City Manager shall attend all meetings of the City Council with the right to take part in the discussions, but not to vote. In the absence of the City Manager, the Assistant to R:\CounciI\2008 Agenda Reports\10 06 08\City Council Bylaws Revised October 2008.docJ:\JaRe\Resear-sh\8ylaw&\City COIlRsillCily CSIlRsil8ylaws Re':ised OGteber 200B.ess 11 tRe-City Manager or designated department head shall serve as the City Manager's representative at the meeting. 716: Department Heads may attend all meetings. Department Heads shall attend the meetings when directed by the City Manager. 717: A memorandum report or brief explanation of each agenda item shall be included in the materials that accompany the agenda. The information provided by Staff should serve to inform the City Council on the subject matter under discussion. The information should explain in detail the Staff comments or work, or state that Staff will present the necessary details and comments at the meeting. If an agenda item requires more than a majority vote, the agenda report shall specify the votes needed to pass the matter under consideration. SECTION 800: MOTIONS, RESOLUTIONS, ORDINANCES 801: The City Council may take formal action in any of three methods - motions, resolutions or ordinances. All motions in any form require a second unless otherwise stated below. All votes of the City Council in any of the three methods require a majority vote for approval unless otherwise specified below or prescribed by statute. 802: MOTIONS: A motion is a matter of parliamentary procedure. Motions are a formal method of bringing business before the Council 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 City Council can act by resolution or by ordinance. Motions may be used to introduce resolutions and ordinances, 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 City Manager. 803: 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. 804: RESOLUTIONS: Resolutions are normally used to reflect the City Council 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 City Manager will maintain a record of all resolutions and will be responsible for the proper numbering and execution of each resolution adopted by the City Council. 804.1 Notwithstanding other instances where resolutions may be needed, resolutions are required to authorize the execution of any contract exceeding $25,000 or as otherwise specified in the City's Purchasing Policy. 805: ORDINANCES: An ordinance is a law governing or regulating some activity that is properly within the power of the Council to regulate. Ordinances shall be used when the City Council action regulates or governs people or property. All police regulations for public health, morals, economic well-being, welfare and safety must be passed in ordinance form. Ordinances may also be used to provide permanent rules for the organization and operation of the City Council. Ordinances may be enacted upon a R:ICouncil\2008 Agenda Reportsl10 06 081City Council Bylaws Revised October 2008.docJ:\JaR&\ResearGt1\8yla'l/sICity C91JRsil\Cily Ce~Rsil8ylaws R8'Jisea OstGber 2008.aes 12 motion and a second and must receive at least three favorable votes to be passed, unless a larger vote is required by State law or these Bylaws. 806: An ordinance shall become effective upon passage and publication unless otherwise specified in the ordinance. Consistent with State Statute the Council may authorize publication of a summary of the ordinance rather than its full text. The Council, by motion, must approve and authorize the proposed summary. Proof of publication shall be attached to and filed with every ordinance. 807: All ordinances shall be reviewed by the City Attorney prior to presentation to the Council. The ordinance format includes: title; number; enacting clause; the contents or body; the penalty; the closing; the attestation, publication date and the effective date. The City Manager will maintain a record of all ordinances and will be responsible for the Prior Lake City Code and codification requirements. The Council may authorize the City Manager to contract for codification services. 808: These Bylaws shall govern the procedures of the Prior Lake City Council immediately upon adoption. If an issue is raised which is not covered in the Bylaws, the procedures to respond to the issue shall be governed by Robert's Rules of Order Revised. Failure to comply with these Bylaws or Robert's Rules of Order shall not invalidate Council action unless at the time the action is taken or promptly thereafter a member of the Council raises a parliamentary objection and advises the Council of the particular rule which was not observed. SECTION 900: PUBLIC HEARING FORMAT 901: Public Hearings shall be conducted in the following manner: 901.1 The presiding officer announces the public hearing. 901.2 It is the intent of the City Council to open all public hearings at 74~ ~"':1the time indicated in the hearing notice, or as soon as possible thereafter. From a practical standpoint, not all hearings can be opened at their designated time. The presiding officer may delay the start of a hearing until the business at hand is acted upon, in any manner, by the City Council. However in no circumstances can a hearing be opened prior to the predetermined and published time. 901.3 Staff and/or a consultant make a presentation or report on the subject matter for the hearing. 901.4 The presiding officer asks City Council members if they have questions of the staff or consultant, if any. 901.5 The presiding officer requests a motion and second to open the public hearing';";". 901.6 The presiding officer asks for citizen input, comments and questions. 901.7 After all persons have been heard, the presiding officer requests a motion to . Close the public hearing and the Council votes on the motion. Once the vote is taken, the hearing is closed for the record, or . Continue a public hearing. If the City Council votes to continue the hearing, the presiding officer, in consultation with the City Manager and City Council, shall select and announce a time and date certain for the continued public hearing. No additional publication or notice requirements are needed if a R:\CounciI\2008 Agenda Reports\10 06 08\City Council Bylaws Revised October 2008.docJ:\JaRel.ReseaFGR\8yla'.Vs\City CElIlRsmCily CS~RGil8yla\l:6 Re':ise~ OGleber 2008.~SG 13 hearing is continued to a later date. However, no public hearing may be continued more than once without re-notice and publishing the time, date and location of the hearing. 901.8 The City Council addresses the subject matter through deliberation, questions to citizens and Staff, and reactions and statement of position on the subject. 901.9 If the public hearing is closed, the City Council may take action on the subject matter. SECTION 1000: COMMITTEE STRUCTURE 1001: TYPES OF COMMITTEES 1001.1 Soecial Citv Council Subcommittee. The Council may from time to time establish special Council subcommittees by designating two members to a specific issue. Special committees appointed by the Council are generally established to deal with a single transaction or project. The membership of the committee does not extend beyond the City Council members and staff liaisons. The work of a special subcommittee should be limited to special policy problems. The committee shall make recommendations to the Council, but may not make decisions on behalf of the Council. The Council's final decision, not the committee's recommendation, binds the City. A special City Council subcommittee will be required to provide status reports to the Council as requested. These committees include, for example: . Bylaws & Compensation Committee . City Manager Evaluation Committee . Annexation Task Force . Special Assessment Committee . Downtown Redevelopment Committee . City Hall! Police Station Building Committee . Fire Station II Building Committee 1001.2 Research Work Grouos. The City Council may establish from time to time temporary or permanent research work groups to study, research, analyze and make recommendations to the Council on a particular issue or subject matter. The work groups shall consist of as many members and perform such duties as the City Council may require. Generally, members of the work groups include up to two Council members, City staff, and members of the public. Work groups may only exercise those duties assigned to them by the City Council (conduct investigations, make reports on facts, interview individuals, gather information and/or public input). The work groups may not make decisions delegated to the City Council by statutory authority. Work groups will be required to make periodic reports to the City Council on their progress. Work groups shall be established by the City Council by motion, resolution or ordinance. These committees include, for example: . Water Treatment Plant . Tree Preservation Gern."':1itteeTask Force . Heritage Committee . ComputersfTechnology Committee R:\Council\2008 Agenda Reports\10 06 08\City Council Bylaws Revised October 2008.doc.J:\JaReI.ReseaFSR\lilyla'.'Js\Cily CellRGiI\Cily COllRGillilyI3'.\lS Revised OGteller 200S.ees 14 . County Road 21 Advisory Committee . Communications and Technology Advisory Committee . Senior Center Advisory Committee · Economic Development Advisory Committee · Community Safety Advisory Committee 1001.3 Advisorv Authorities. The City Council may also establish advisory authorities to monitor significant issues in the community of on-going concern. Advisory Authorities shall adopt bylaws to govern the conduct of the Authority. Advisory Authorities are composed of citizen volunteers appointed by the City Council, or a combination of citizen volunteers and City Council members. +Ae m:mgef..ef members :::-:d terms of a;:;:>sintrr.en~ ere set by the indivieh::al Advisory fl..lth9fities tRfeI:Igh ~heir =ylaws. Bylaws shall be forwarded to the City Council for its approval or amendment at its first meeting of each year. After the Council adopts an Advisory Authorities Authority's bylaws, the City Council on its own initiative may adopt further changes to an Advisory /\uthorities Authority's bylaws at any time; however, such amendments shall not take effect until sixty (60) days after their passage. At any time during the year, the Advisory Board can propose amendments to its bylaws. The Council shall act on the proposed amendment. Advisory Authorities shall meet annually with the City Council in a workshop to discuss goals and objectives, mutual concerns or questions and other business as appropriate. Meetings between the Council and advisory authorities may occur on a more frequent basis if needed. Advisory authorities must also report at least annually to the City Council. Advisory authorities, include for example: . Planning Commission.j ([he Planning Commission has been established by statutory authority and the structural composition and Commission rules are set forth in the City Code.) . Park Advisory Committee . lakes Advisory Committee eGsmr.'lb\1isatisne .'\dvisory Com::r.ittee oSenior Citizen Advisory CSP.lP.littee oEconomic Devel::;:r.'lsnt Committee 1002: CITY COUNCil LIAISONS TO CERTAIN ADVISORY AUTHORITIES: Annually, the City Council shall appoint a City Councilmember to be a liaison to the Planning Commission, Park Advisory and lake Advisory. No Council member shall serve as a liaison to the same Advisory Committee for more than one consecutive year. Council members appointed as liaisons to an advisory authority shall not have voting privileges on the advisory committee. 1003: COMMITTEE VACANCIES: An advisory body member whose term is expiring, who has not achieved their term limit, and who has met or exceeded the advisory committee's performance standards may be reappointed by the Council without following the steps set forth in this section. Citi=eA-VVacancies in the City Council's Research VVork Groups eF-Advisory Authorities shall be filled in the following manner: 1003.1 Aoolications are solicited. A Notice of the vacancy is made public and individuals may be encouraged to consider the position. R:ICouncil\2008 Agenda Reportsl10 06 081City Council Bylaws Revised October 2008.docJ:I,JaR&I,ResesrGAI8ylawsICity CeuRcillCity CeuRcil8ylaws Re':ised OGte~er 200B.des 15 1003.2 The City Manager or his designee, the City Council member who has been appointed as the liaison to the advisory authority, or who has been appointed to serve on the work group, and the committee chair (unless the appointment is the committee chair appointment or re-appointment, or in the case where the work group is newly established and no chair has been determined) shall interview all candidates and make a recommendation to the full City Council. No person will sit on any advisory authority, work group or committee charged with the selection of the successor for that person. 1003.3 The recommendation of the interview panel shall be presented to the City Council and the Council may accept or reject the recommendation. If the recommendation is rejected, the City Council shall appoint another individual or decide to reopen the vacancy to the public for new candidates. 1004: CITY COUNCIL ROLE ON OTHER COMMITTEES OR AUTHORITIES: There are certain authorities, committees and commissions where a Council member is appointed and serves ~€ a representlltivesas a representative of the Prior Lake City Council. A Council member appointed to serve on a committee, commission or authority shall provide the City Council with periodic reports on the activities of the committee, commission or authority. The Councilmember shall exercise judgment as to whether more frequent reporting is necessary. The authority, committee or commission shall determine if the appointed Councilmember has voting authority in connection with its governing authority. Other Committees or Authorities on which Councilmembers currently sit, include for example: oPllrks, Nhletiss ::r.d Recrelltion Task F9fGe . Orderly Annexation Board . Transit Review Board . Economic Development Authority · League of Minnesota Cities, Association of Metropolitan Municipalities, or National League of Cities SECTION 1100: SUSPENSION OF RULES 1101: Such other rules that the City Council deems appropriate may be enacted. All matters of procedure not specified herein shall be governed by the City Code, State Statutes, or Federal Laws, whichever is applicable to the procedure in question. The rules herein may be suspended upon a motion, second and debate, and a 4/5 (80%) vote of the members for a specific meeting only. SECTION 1200: TRAVEL & REIMBURSEMENT FOR EXPENSES 1201: The City of Prior Lake recognizes the need for and value in attending workshops, conferences, public and private events, and meetings in the conduct of City business. Such events may take place in the Minneapolis-St. Paul metropolitan area, in out-state Minnesota, or out-of-state. The purpose of this section is to set forth the guidelines for participating in such events, as well as reimbursement of expenses incurred as a result R:\CounciI\2008 Agenda Reports\10 06'08\City Council Bylaws Revised October 2008.docJ:\JaRel,Resea~h\Eiyla'.'ils\City CellRsillCity CellRsil Eiylaws Rll':ised Oste~er 211lla.ses 16 of attendance. 1202-1-: GENERAL CONDITIONS: 12024-.1 All expenses incurred by a Council member in connection with fulfilling their duties to the City shall be reimbursable. Reimbursement of such expenses shall be in accordance with these City Council Bylaws, City Code Section 105.300, and state statute. 12024-.2 Attendance at and reimbursement for events, workshops, conferences or meetings within the Minneapolis-St. Paul metropolitan area do not require advance approval by the City Council as long as the costs for attendance are within the approved City Council budget. 12024-.3 Attendance at and the traveling budgets for events, workshops, conferences or meetings conducted out-of-state, or that require overnight accommodations, must be authorized in advance by the City Council at an open meeting. 12024-.4 In evaluating travel requests for approval, the purpose for attendance must meet one of the following criteria: . The elected official will be receiving training on issues relevant to the City or to his/her role as the Mayor or as a Council member. . The elected official will be meeting and networking with other elected officials from around the country to exchange ideas on topics of relevance to the City or on the official roles of local elected officials. . The elected official will be viewing a city facility or function that is similar in nature to one that is currently operating at, or under consideration by, the City where the purpose for the trip is to study the facility or function to bring back ideas for the consideration of the full Council. . The elected official has been specifically assigned by the Council to testify on behalf of the City at the United States Congress or to otherwise meet with federal officials on behalf of the City. 12024-.5 Council members attending events at City expense are expected to provide the Council with a summary of the meeting. 12024-.6 No reimbursements will be made for attendance at events sponsored by or affiliated with political parties. 12024-.7 The City must have sufficient funding available in the budget to pay the traveling expenses for the event. 12024-.8 The City may make payments in advance for airfare, lodging and registration if specifically approved by the Council. Otherwise, all payments will be made as reimbursements to the elected official. 12024-.9 Reimbursement of expenses is intended to refund the actual costs incurred and must be in accordance with the provisions of section 1202 herein. 1203;: REIMBURSEMENT REQUIREMENTS: The City will reimburse for transportation, lodging, meals, registrations and incidental costs if attendance at the event, conference, workshop, or meeting is authorized in accordance with the above General Guidelines. A receipt must be submitted for reimbursement of all costs. 12032:.1 Meals. Daily or event specific reimbursable meal costs are limited to $15.00 per meal. In the case of out-of-state or overnight travel, reimbursable R:\CounciI\2008 Agenda Reports\10 06 08\City Council Bylaws Revised October 2008.docJ:\JaReIResearol1\Bylaws\City C9\lRGiI\City C9YRGiI Bylaws R&\'ises OGteber 200B.seG 17 meal costs shall not exceed $60.00 per day. Alcoholic beverages and meal expenses included in the cost of registration are not reimbursable expenses. 1203~.2 lodaina.. Reimbursable lodging costs for travel within the Midwest are limited to $200 per night. For travel outside the Midwest, reimbursable lodging costs are limited to those that are reasonable and necessary, and as pre- approved by the City Council when authorizing the out-of-state travel budget. 12032.3 Mileaae. Mileage will be reimbursed at the IRS rate. If two or more Council members are traveling together by car, only the Elfive.f-vehicle owner will receive reimbursement. The City will reimburse for the cost of renting an automobile, if necessary, to conduct City business. City vehicles should be used for City Council business in lieu of rental when available. 12032.4 Tics. Tips paid as part of meal service shall not exceed 20% of the total bill and are reimbursable in addition to the cost limits set for reimbursable meals above. Tips and gratuities for services such as ~taxis are only reimbursable if a receipt is provided, and in no case should exceed 20% of the cost of the service. Tips for non-documented services, such as baggage handling or housekeeping, are reimbursable in an amount not to exceed $10 per day. 12032.5 Airfare. Airfare shall be reimbursed at the coach rate. The elected official shall use the most cost-effective mode of travel taking into consideration reasonable time constraints. 12032.6 Non-Reimbursable Excenses. The City will not reimburse for personal telephone calls, rental of luxury vehicles, recreational expenses such as movies, golf, shows, or concerts, or the costs associated with the attendance of a family member or person unauthorized to attend the event on the City's behalf. 12043: EXCEPTIONS TO POLICY: Any exceptions to this policy must be approved by the City Council at an open meeting. 12054: AMENDMENTS TO POLICY: This policy will be reviewed annually consistent with the review by the City Council Bylaws & Compensation Committee of the City Council Bylaws. Any amendment to this policy will be consistent with the procedure for amending the City Council Bylaws. SECTION 1300: STATEMENT OF ETHICS AND CONDUCT 1301: 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 generally, and public office will not be used chiefly or improperly to advance personal interest. The City 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. 1301.1 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; R:\CounciI\2008 Agenda Reports\10 06 08\City Council Bylaws Revised October 2008.docJ:\JaRs'.ReseaFGI1'.lilylawslCity COYRsillCity CeYASillilylaws Revised Osteller 2008.deG 18 . Governmental decisions and policy be 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. 1301.2 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. 1301.3 This Statement of Ethics shall be liberally construed in favor or protecting the public's interest in full disclosure of conflicts of interest and promoting ethical standards of conduct. DECLARATION OF POLICY: T~e proper operation of democratic gO\'~\1r.1ent requir=: t~a~ ~~e ~s has confidence i~ the integrity sf its ~srnms~t. 1:1 reoognition of this g~al, ~her:e is hereby est:lblished :l Code of =t~iss ap.d Conduct for publi= =ffis+al:. Ths ~I.:r~ase-&f this Code is to e:ta=~sh ethisal s~-=ndards of conduct hr all suoh offio~a~s t~' setting forth those acts er actions tha~ c:re inoompatible with the bs:t interests of the City, and by directing disolosure by suoh offioials of privats, finc:ns{c:1 af-GtRsr intefeGt ir. ::r.::1tefs affecting the City-. Ths ;:ro'lision: ans ;:I.:rpose of this Code and sush rl::Jtsc ana regulations as r.1aY-ge-sc~.al:lished are hereby declares ts :s in tRe-bast interests of the Gity:. 1302: ETHICS IN GOVERNMENT: Minnesota Statutes, Chapter 10A, Ethics in Government, 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. 1303: GIFTS AND FAVORS: No public official shall accept any valuable gift, favor or thing of value, regardless of amount whether in the form of money, service, loan, thing or promise from any person which to the official's knowledge is concerned, directly or indirectly in any manner whatsoever in business dealings with the City. 1304: 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. 1305: CONFLICT OF INTEREST: Refer to Section 500. SECTION 1400: CITY COUNCIL RECOGNITION R:\CounciI\2008 Agenda Reports\10 06 08\City Council Bylaws Revised October 2008.docJ:\JaR&\ResearGR\8ylaws\City CeuRcmCity CellRcil8ylaws Revised OGteber 2008.dos 19 1401: COMMENDATION AND CENSURE: To the extent allowed by law, the City Council desires to encourage appropriate behavior and discourage inappropriate behavior among its members. The City Council, as a body, may by motion and a 4/5ths vote, commend or censure one of its own. If the act involves two members of the Council, a majority vote is required. 1401.1 Commendation: A member may receive public commendation for the exercise of positive leadership, community vision or other actions considered meritorious by the City Council. 1401.2 Censure: A member may receive a public admonishment for failure to conform with any provisions of these bylaws, state statute, violation of confidentiality or attorney-client privilege, or other acts considered to merit reprimand by the City Council. R:\Council\2008 Agenda Reports\10 06 08\City Council Bylaws Revised October 2008.docJ:\JaRe\ResearQR\8yla'.\ls\City COllRGmCily COllRGilliylaws Revised OGleber 200S.dOG 20 APPENDIX A: TYPES OF MOTIONS AND PROCEDURES The following motions will be available for use by the members: 1. Main Motion: An act to bring substantive proposals before the City Council for consideration and action. After the motion is stated and seconded, the subject of the motion may be deliberated and voted upon. Deliberation may take place by the Mayor, Council, Staff or the general public as long as the procedures for citizen input are followed pursuant to Section 7.B of these Bylaws. 2. Amend Main Motion: A main motion that is being deliberated and has not been voted upon may be changed or modified by a motion, a second, deliberation and a subsequent vote. The only motion that may be amended is the main motion. 3. Postpone Definitely Motion: A motion to put off consideration or discontinue discussion of any motion on the floor and that which established a definite time for the motion to be reconsidered. A motion to postpone definitely requires a second, deliberation and a subsequent vote. 4. Vote Immediately Motion (Previous Question): A motion to prevent or stop deliberation on a pending motion and to bring the pending motion to an immediate vote. A motion to the "Previous Question" requires a second and a two-thirds majority vote to pass, however, no discussion is allowed on the motion. Two votes are required when a Previous Question motion is seconded. The first vote is to close the debate (requires two thirds majority vote) and, if that passes, the second vote is then on the original motion being deliberated prior to the Previous Question being called. If the close the debate motion fails, then deliberation on the original motion continues. 5. Substitute Motion: This is a motion that replaces the motion being considered with another motion on the same subject. A motion to substitute may be made for either a main motion or an amendment to a main motion. A substitute motion requires a motion and second. The Council then votes on the substitute motion and if that passes, the original motion dies. If the substitute motion fails, the deliberation on the original motion continues. 6. Withdraw a Motion: Any member of the City Council who has made an allowable motion has the authority to remove the motion from consideration by the total body. If a member desires to remove a motion that has been seconded, but not yet voted upon, the member who has seconded the motion must consent to the request of the member to remove the motion from consideration. If the motion has not been seconded, the member may remove the motion from consideration by his/her own request. 7. Division of Motion: A motion that is composed of two or more independent sections or ideas may be deliberated, considered and voted on separately. Each section or idea that is to be voted on separately must be acted upon through a separate motion, second, discussion and subsequent vote. Any member of the City Council may request a motion to be divided into two or more individual motions. 8. Eligibility of Motion: The presiding officer may rule on the eligibility of a motion that has been requested to be divided into two or more individual motions. R:\Council\2008 Agenda Reports\10 06 08\City Council Bylaws Revised October 2008.do('1:\J-:~3'.Re6eaFElR\l!lyla'.V6\City C9IlRcmCity Ce~Rcill!lylaw5 Re':isea OGleber21111S.aes 21 9. Privileged Motion: These motions do not relate to pending business, but have to do with special matters of immediate and overriding importance, which without any debate, shall be allowed to interrupt the consideration of anything else. These motions can be made at any time, even if another motion is being considered at the time, and they must be settled or voted upon immediately. Motions to adjourn the meeting or take a recess cannot interrupt a speaker, while a motion on a question of privilege or point of vote can interrupt a speaker. Privileged motions include: . Point of Order: Whenever a member thinks that the rules of the City Council are being violated, he/she can make a Point of Order. Whenever a question of the order is called, the presiding officer shall make a ruling on whether the City Council rules have been violated. If a Point of Order is to be raised, it must be raised promptly at the time the violation occurs. This procedure does not require a second, is not debatable and can be used to interrupt a speaker. . Appeal Decision of Chair: The presiding officer will be called on to rule on questions of City Council procedure as set forth in these Bylaws. The decisions of the presiding officer may be appealed by the City Council. A statement of appeal constitutes a motion that, in turn, requires a second and the opportunity for discussion. . Motion to Reconsider: A motion to reconsider any action taken by the Council may be made at the meeting at which such action was taken or the regular meeting following. Such motion must be made by one of the prevailing side, but may be seconded by any member and may be made at any time and have precedence over all other motions or while a member has the floor; it shall be debatable. A motion for reconsideration requires only a majority vote regardless of the vote necessary to adopt the motion reconsidered. Notwithstanding Robert's Rules of Order, a motion to "lay on the table" shall be debatable. R:\CounciI\2008 Agenda Reports\10 06 08\City Council Bylaws Revised October 2008.docJ:\JaRe\R86earoR\lilyla\Vs~.City CeYRsil~.Cily CeYRsillilylawa Revised OGleber 2oo8.des 22 COMMUNICATIONS AND TECHNOLOGY ADVISORY COMMITTEE BYLAWS Adopted February 6, 2006 Amended November 5, 2007 Amended October 6, 2008 SECTION 100: PURPOSE 101: The purpose of the Communications and Technology Advisory Committee bylaws is to provide a set of operating procedures for the Committee, and to establish a code of ethics and conduct. 102: The Bylaws shall be reviewed annually by the Communications and Technology Committee, and any changes or amendments agreed to by a majority vote of the Committee shall be recommended to the City Council for adoption at its annual meeting. The City Council conducts is annual meeting as the first meeting in January of each year. SECTION 200: STRUCTURE OF COMMITTEE 201: COMMITTEE CREATED: The Prior Lake Communications and Technology Advisory Committee is created for the City, its purpose to be of an advisory nature to the City Council and staff on issues related to communications and technology. +Ae-Gemmittee-:rr::1I consist of two Coun:ilmamaers, and three citizen: af:~ointed by the City Coune~1. Only residents :f tt::e City 'Nh: are at least 18 ysa::s alE! shall =8- considered for :Jpp:ir.tmor.t. The-msr.'ll:erc :rr::lI serve ter~s of three (3) ye:Jrs from November 1 to October J 1. The members of the Communication and Technology Advisory Committee shall elect officers in accordance with the procedures of paragraph 205 herein. 202: DUTIES OF THE COMMITTEE: The duties of the Communications and Technology Advisory Committee are as follows: 1. Review and comment on communications and technology plan and budget. 2. Monitor progress of implementation of the communications and technology plan. 3. Provide suggestions for enhancements of communication and technology tools to be used. 4. Make recommendations for enhancing technology to improve the City's relationship and communication with the public in day-to-day business affairs. 5. Make suggestions for ways to promote community pride, identity and image. 6. Suggest modifications to cable television guidelines. 203: APPOINTMENT: The Committee shall consist of ro more than seven and no less. than'" (5) m~ appointed by." Pflor lake City Couneit. Only residents of the City who are at least 18 years old shall be considered for appointment. The members shall serve terms of three (3) years from November 1 to October 31. for a term of R:\Council\2008 Agenda Reports\10 06 08\Communications bylaws - revised October 08.DOCJ:\JaRe\Re8earch\ayla'.'I6\C~~r.::~..mic3tions\CoA1mlJnicati::-~s ~~'.ja\\': ravised Octoeer ~g.~GG 1 continued residence in Prior Lake and in accordance with the term limit policy established by the City Council. The Assistant City Manager and the Communications Coordinator will provide staff support services to the Committee. 204: VACANCIES: If the office of Chair becomes vacant the Communications and Technology Advisory Committee shall appoint a replacement as set forth in paragraph 205 herein. If the Office of Vice-Chair becomes vacant, the Committee shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office. Should a member resign, or otherwise vacate a seat on the Committee, Prior Lake City Council shall appoint a replacement to complete the term 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. 2. The City Manager or his designee, the City Council member who has been appointed as the liaison to the advisory authority, or who has been appointed to serve on the work group, and the committee chair (unless the appointment is the committee chair appointment or re-appointment, or in the case where no chair has been determined) shall interview all candidates and make a recommendation to the full City Council. No person will sit on any advisory authority charged with the selection of the successor for that person. 3. The recommendation of the interview panel shall be presented to the City Council and the Council may accept or reject the recommendation. If the recommendation is rejected, the City Council shall appoint another individual or decide to reopen the vacancy to the public for new candidates. 205: OFFICERS: The Officers of the Prior Lake Communications and Technology Advisory Committee shall be a Chair, Vice-Chair and a Secretary. The City Manager or his/her designee shall serve as Secretary of the Committee. Chair: The Chair of the Committee shall be appointed from among the Committee's membership for a two-year term in November by majority vote of the Communications Advisory Committee. The duties of the Chair include: (1) Review and approval of meeting agendas; (2) Presiding at meetings; (3) Participating with the City Council in the selection of Committee members; and (4) Representation of the Committee as appropriate. Vice Chair: The Vice-Chair shall be selected annually by the Committee 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. SecretarY: The City Manager or his/her designee shall act as the Secretary and shall be responsible for recording and compiling a written summary of all official activities of the Committee. - R:\Council\2008 Agenda Reports\10 06 08\Communications bylaws - revised October 08.DOC J:\.J:l1e\Re6ear-Qh\liylaw6\Communication6\Cor.1r.1~r.ications bylaws ra'lisea October OS. DOC 2 206: TERM LIMIT: It is the policy of the Prior Lake City Council to impose a three-term (nine-year) service limitation for all appointed positions within the committees and 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. 207: PERFORMANCE CRITERIA: Annually the Committee shall perform a written self- evaluation on the following: 1. Implementation of the preamble. 2. Member's personal attendance and participation. The Committee shall forward this evaluation to a review committee comprised of the staff member assigned to the Committee, City Manager and one member of the City Council. The review Committee shall present this report and any additional comments to the Council by the first week of December for action and recommendation at the annual meeting in accordance with the Council Bylaws. 208: REMOVAL OF MEMBER: Any member of the Communications and Technology Advisory Committee may be removed from office for just cause by a two-thirds (2/3) vote of the entire City Council. Such member shall be entitled to a public hearing before such a vote is taken. In addition, any member may be removed for nonattendance at Communications and Technology Advisory Committee meetings by action of the City Council. ETHICS .1'~ 1. T of Prior lake finds that the proper operatiOFt of demooratferepresentatiVe geve mem .....ire. that: . Elected and ~nted officials be independent, impartial and responsible to the people; . Govemmen decisions and policy be made in thej)foper channels of the OVtnlmt . 2. The City of Prior lake shall the publiC trust in if.tocat of its govemment. to the higheat._icaI star1dSrde tnat enhance ntby: . R:\Council\2008 Agenda Reports\10 06 08\Communications bylaws - revised October 08.DOCj:\Jane\Re6ear-ch\Bylaws\C3~~l:.i!":i::atign€\Cgmmunicaliens bylaws re...ises Octsber OS.DOC 3 302: m: 304: 301: 301: . tra~ in its actioAstht'USJh horteltjndopencc>mM~n; . .discuss . poIideson what ~ in ttle best interests of . in communicating . 3. the iethfcal . irf'that . {Minn. Stat. Section. 1. ey of the f'CI)tential CORfIict of interest as socm,s possible, meeting; and 2. 3. . ... of interest exists~ iff_ any R:\Council\2008 Agenda Reports\10 06 08\Communications bylaws - revised October 08.DOC' ):\.J::1e\Research\aylaws\Cgmmunications'.C3r.'X~1URk;ati'3...S 'J~'.\aw: ~glJised October ~9.~GG 4 interests. 30'1= .: . '~()fF'CIAl PqS;ITION; No eJected or appointed offici. . . '..th8t is, or WOOIdtea reasonable person appear to prjvjt, bene of the official. 'al 401: 402: . OOTtiICATION: All regular meetings. of the CommJtteeshall be noticed by: 1. 2. 403: ~ tl~~'~.,. in the call. The not nated followed. 404: QUQRVM fORREGUW ANOiPiCIAl MEETJNG&: A maj of CORduoting iness, .but a arum is obtained. When a may be taken by the Committee upon a vote of a nt. ... ~QUCT.Of, , n".flQSNlllm' eenNGS: The agenda for a regularly scheduled in order of business: 1. CaJUo O~der 2. 3. 4. 5. rof previous meeting(s) R:\Council\2008 Agenda Reports\10 06 08\Communications bylaws -:-revised October 08.DOCJ:\Jane\Re8ear:~'.e~fla'll8'.Co~~~~!~ations\Comr:r:umications bylaws revised October OS. DOC 5 6. 7. 408: .... . .... PUPI)C HEARtNG FORMA '(: Publichearinga shall be conducted in the foHowing manMr: 1 .. idi"" officer calls the public hearing to order and dedares the time of 2 3 detallf:on the hearing of the and is their ex or 4 5 asks Communication and TecMotogy Advisory Committee . of the staff or conaultal:lt. if any. and second to open the aring. officer announces that input wiD be f'eceiv<<J e citizens. indud. the name and address of the. speaker delivered from the 6 7 podium. 8 Aftef ell pel80ns have. . n heard, the presiding officerf1 Comm the vote is taken, the hearing is If. the Communication. and ..tne heating, the prestding 9 . echnology Advisory Committee addresses the subject to citizens andstMf, and reactions and 10 401: votING: All members of the Committee have equal voting authority. ] R:\Council\2008 Agenda Reports\10 06 08\Communications bylaws - revised October 08.DOC J:\.J::~9\Re6earoh\8ylaw~\CommblnioatiGns\CommblnioatiC'~s ':'y-lawc ravisea Octoeer OS. DOC 6 [JK2} SECTION 500: SCOPE OF POWERS AND DUTIES 501: POWERS AND DUTIES: The Committee shall act in an advisory capacity to the Prior Lake City Council and shall advise the City Council on communication and technology matters identified in Section 200 or as assigned to the committee. Semiannually, or as otherwise required by the Council, the Committee Chair shall give an accounting of the Committee's activities with respect to its goals and objectives before the City Council. Additionally, specific powers, duties and responsibilities may be assigned to the Committee upon approval of the City Council. 502: SUBCOMMITTEES: The Committee may divide its membership into Subcommittees as it deems necessary to implement its goals and objectives. SECTION 600: AMENDMENTS 601: These bylaws shall be reviewed by the Committee annually. The Committee may recommend revised bylaws to the City Council for final approval. R:\Council\2008 Agenda Reports\10 06 08\CommunicatlOns bylaws - revised October 08.DOCJ:\JaRe\Resear':...\'=r1aws\Communications\CommunicatiG~s ~rlaws revised October Cg.~OG 7 COMMUNITY SAFETY ADVISORY COMMITTEE BYLAWS AdoDted October 6. 2008 SECTION 100: PURPOSE 101: The purpose of the Community Safety Advisory Committee bylaws is to provide a set of operating procedures for the Community Safety Advisory Committee, and to establish a code of ethics and conduct. 102: The Bylaws shall be reviewed annually by the Community Safety Advisory Committee, and any changes or amendments agreed to by a majority vote of the Committee shall be recommended to the City Council for adoption at its annual meeting. The City Council conducts is annual meeting as the first meeting in January of each year. SECTION 200: STRUCTURE OF COMMITTEE 201: COMMITTEE CREATED: A Community Safety Advisory Committee is hereby created for the City, its purpose to be of an advisory nature to the City Council and staff on issues related to making Prior Lake a safe and healthy community. Said Community Safety Advisory Committee shall be composed of at least 5 and no more than 7 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 members of the Committee shall annually elect officers in accordance with the procedures of paragraph 205 herein. 202: DUTIES OF THE COMMITTEE: The duties of the Community Safety Advisory Committee are as follows: 1. Periodically review and recommend revisions to these bylaws. 2. Recommend safety activities and policies to the Council for implementation. 3. Act as experts to assist staff in the interpretation and implementation of community safety matters. 4. Periodically reconstitute the Task Force to establish priorities for incorporation into the 2030 Vision and Strategic Plan. 5. Promote the objectives of community safety in the most appropriate venues. 203: APPOINTMENT: The Committee shall consist of members appointed by the Prior Lake City Council for a term of three (3) years. The Committee shall be representative of the citizens who live in Prior Lake. Committee 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. M:\Advisory Bodies and CommitteeslCommunity Safety Advisory CommitteelDraft 2 CSAC Bylaws-September 2008.DOC I 204: VACANCIES: If the office of Chair becomes vacant, the Community Safety Advisory Committee shall appoint a replacement as set forth in paragraph 205 herein. If the office of vice-chair becomes vacant, the Community Safety Advisory Committee shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office. If an appointed member of the Community Safety Advisory Committee resigns, is terminated, reaches a term limit, or otherwise vacates a seat of the Commission/Committee, 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. 2. The City Manager or his designee, the City Council member who has been appointed as the liaison to the advisory authority, or who has been appointed to serve on the work group, and the committee chair (unless the appointment is the committee chair appointment or re-appointment, or in the case where no chair has been determined) shall interview all candidates and make a recommendation to the full City Council. No person will sit on any advisory authority charged with the selection of the successor for that person. 3. The recommendation of the interview panel shall be presented to the City Council and the Council may accept or reject the recommendation. If the recommendation is rejected, the City Council shall appoint another individual or decide to reopen the vacancy to the public for new candidates. 205: OFFICERS: The Community Safety Advisory Committee shall elect from among its membership a chair, and vice-chair. Chair: The Chair shall be elected by majority vote of the Community Safety Advisory Committee prior to the first meeting in November. The term of the chair shall begin in November and run for three years. The duties of the chair shall include approval of meeting agendas, presiding at meetings, participating with the City Council in the selection of Committee 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 Committee may consider relevant before the City Council annually or as directed otherwise. Vice-Chair: The vice-chair shall be selected annually by the Committee 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. Secretarv: The City Manager or his/her designee shall act as the Secretary and shall be responsible for recording and compiling a written summary of all official activities of the Community Safety Advisory Committee. The City Manager shall also appoint a staff member to provide administrative support for the Committee. 206: 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 Community Safety Advisory Committee and providing administrative support. Partial terms do not count toward the term limitation. The purpose of the term limit policy is to encourage resident M:\Advisory Bodies and CommitteeslCommunity Safety Advisory CommilleelDraft 2 CSAC Bylaws-September 2008.DOC 2 participation on City advisory bodies and provide community members with the opportunity to participate in their local government. 207: PERFORMANCE CRITERIA: Annually the Committee shall perform a written self- evaluation on the following: 1. Implementation of the Committee's purpose, 2. Achievement of goals and objectives, 3. Compliance with bylaws, 4. Formulation of proposals and recommendations and overall accomplishments, 5. Visitation of subject sites as applicable, and 6. Annual personal attendance record of at least 75%. The Committee shall forward this evaluation to a review committee comprised of the City Manager, the Mayor, and the City Council member appointed liaison to the Committee. The review committee shall present this report and any additional comments to the Council by the first week of December for action and recommendation at the annual meeting in accordance with the City Council bylaws. 208: REMOVAL OF MEMBER: Any member of the Community Safety Advisory Committee may be removed from office for just cause by a two-thirds (2/3) vote of the entire City Council. Such member shall be entitled to a public hearing before such a vote is taken. In addition, any member may be removed for nonattendance at Community Safety Advisory Committee meetings by action of the City Council. SECTION 300: STATEMENT OF ETHICS 301: POLICY STATEMENT: The City of Prior Lake recognizes that 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 that governmental officials will conduct City of Prior Lake business in ways which benefit the public generally and that public office will not be used chiefly or improperly to advance personal interest. The City of Prior Lake has pledged that 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 be made in the proper channels of the governmental structure; . Public office not be used for personal gain; and . The public have confidence in the integrity of its government. 2. The City of Prior Lake shall implement high ethical standards that enhance the public trust in its local government by: . Creating transparency in its actions through honest and open communication; and . Making decisions and establishing policies dedicated to public purpose and in the best interests of the overall community; . Supporting the public's right to know the public's business; M:\Advisory Bodies and CommitteeslCommunity Safety Advisory CommitteelDraft 2 CSAC Bylaws-September 2008.DOC 3 · Exercising fairness, optimism, responsiveness and respect in communicating with the public; and · Periodically conduct training to discuss the values of the organization in an effort to keep public officials involved and aware and to make sure the policy is up-to-date and reflective of current conditions and concerns. 3. This statement shall be liberally construed in favor or protecting the public's interest in full disclosure of conflicts of interest and promoting ethical standards of conduct. 302: GIFTS AND FAVORS: No public official shall accept any valuable gift, favor or thing of value, regardless of amount whether in the form of money, service, loan, thing or promise from any person which to the official's knowledge is concerned, directly or indirectly in any manner whatsoever in business dealings with the City. 303: 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. 304: 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) 305: 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. Orally inform the committee of the potential conflict and abstain from any participation in that agenda item. 306: 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 insure 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 insure that the officials will not act arbitrarily to further their selfish interests. 307: MISUSE OF OFFICIAL POSITION: No elected or appointed official may use his or her official position for a purpose that is, or would to a reasonable person appear to be primarily for the private benefit of the official. M:\Advisory Bodies and CommitteeslCommunily Safely Advisory Committee\Draft 2 CSAC Bylaws-September 2008.DOC 4 SECTION 400: CONDUCTING MEETINGS 401: REGULAR MEETINGS: In conformance with the Minnesota Open Meeting Lawall meetings of the committee are open to the public. Regular meetings shall be held as needed at Prior Lake City Hall, 4646 Dakota Street SE, Prior Lake, Minnesota. In the event that such a date shall fall on a legal holiday, the meeting shall be held on the next succeeding day. Regular meetings may be rescheduled, canceled or changed depending upon unique circumstances and subject to the approval and consent of both the Chair and/or Vice-Chair. 402: NOTIFICATION: All regular meetings of the Committee shall be noticed by: 1. Posting at city hall for at least two (2) days prior to the meeting. 2. A copy of the notice, agenda and accompanying materials shall be received by the Committee, City Council, staff and others designated by the City Council, no later than two (2) days prior to a meeting. 403: SPECIAL MEETINGS: Special Meetings of the Committee may be called by the Chair, or two (2) members of the Committee for the purpose of transacting any business designated in the call. Staff may recommend calling a special meeting, but must receive approval from either the chair or two members of the Committee. The call for a special meeting may be delivered prior to the time of the proposed meeting to each Committee member of the Committee at least two (2) days prior to the special meeting. At such meetings, no business shall be considered other than as designated in the call. The notification provisions of 402 shall be followed. 404: QUORUM FOR REGULAR AND SPECIAL MEETINGS: A majority of Committee members shall constitute a quorum for the purpose of conducting its business, but a smaller number may adjourn from time to time until a quorum is obtained. When a quorum is in attendance, action may be taken by the Committee upon a vote of a majority of the Committee present. 405: CONDUCT OF BUSINESS AT MEETINGS: The agenda for a regularly scheduled meeting shall include the following in order of business: 1. Call to Order 2. Approval of minutes of previous meeting(s) 3. Old Business 4. Other Business 5. Staff Update 6. New Business 7. Adjournment 406: PUBLIC HEARING FORMAT: Public hearings shall be conducted in the following manner: 1. The presiding officer calls the public hearing to order and declares the time of opening. 2. It is the intent of the Community Safety Advisory Committee to open all public hearings at the predetermined and published time. From a practical standpoint, not all hearings can be opened at their designated time. The presiding officer may M:\Advisory Bodies and CommitteeslCommunity Safety Advisory CommitteelDraft 2 CSAC Bylaws-September 2008.DOC 5 delay the start of a hearing until the business at hand is acted upon, in any manner, by the Community Safety Advisory Committee. However, in no circumstances can a hearing be opened prior to the predetermined and published time. 3. The presiding officer shall read, from the hearing notice, the details on the hearing sufficient to provide the public a general understanding of the purpose and procedures for the hearing and the fact that the hearing is their exclusive or primary opportunity to provide input to the city on the subject. 4. Staff and/or a consultant make a presentation or report on the subject matter for the hearing. 5. The presiding officer asks Community Safety Advisory Committee members if they have questions of the staff or consultant, if any. 6. The presiding officer requests a motion and second to open the public hearing. 7. The presiding officer announces that input will be received from the citizens. Formal input includes the name and address of the speaker delivered from the podium. 8. After all persons have been heard, the presiding officer requests a motion to: . Close the public hearing and the Community Safety Advisory Committee votes on the motion. Once the vote is taken, the hearing is closed for the record, or . Continue a public hearing. If the Community Safety Advisory Committee votes to continue the hearing, the presiding officer, in consultation with the Community Safety Advisory Committee, shall select and announce a time and date certain for the continued public hearing. No additional publication or notice requirements are needed if a hearing is continued to a later date. However, no public hearing may be continued more than once without re-notice and publishing the time, date and location of the hearing. 9. The Community Safety Advisory Committee addresses the subject matter through deliberation, questions to citizens and staff, and reactions and statement of position on the subject. 10. If the public hearing is closed, the Community Safety Advisory Committee should take action on the application before them in the form of a motion by resolution. However, the Committee may formulate a recommendation which outlines the parameters under which an approval would be granted. The reasons and conditions shall be stated in the motion or resolution for approval or denial. Continuation of an action may occur in the event insufficient information is present to make a decision. The Community Safety Advisory Committee shall delineate the missing information before continuing the item. 407: VOTING: All members of the Committee have equal voting authority. SECTION 500: SCOPE OF POWERS AND DUTIES 501: POWERS AND DUTIES: The Committee shall act in an advisory capacity to the Prior Lake City Council and shall advise the City Council on matters identified in Section 202 or as assigned to the committee. Semiannually, or as otherwise required by the Council, the Committee Chair shall give an accounting of the Committee's activities with respect to its goals and objectives before the City Council. Additionally, specific powers, duties and responsibilities may be assigned to the Committee upon approval of the City Council. M:\Advisory Bodies and Committees\Community Safety Advisory Committee\Draft 2 CSAC Bylaws-September 2008.DOC 6 502: SUBCOMMITTEES: The Committee may divide its membership into Subcommittees as it deems necessary to implement its goals and objectives. SECTION 600: AMENDMENTS 601: These bylaws shall be reviewed by the Committee annually. The Committee may recommend revised bylaws to the City Council for final approval. M:\Advisory Bodies and CommitteeslCommunity Safety Advisory CommitteelDraft 2 CSAC Bylaws-September 2008.DOC 7 CITY OF PRIOR LAKE LAKES ADVISORY COMMITTEE BYLAWS Adopted May 16, 1994 Amended January 3, 1995 Amended January 2, 1996 Amended February 16, 1999 Amended June 7, 1999 Amended December 4, 2000 Amended June 17, 2002 Amended January 3, 2006 Amended October 6, 2008 SECTION 100: PURPOSE 101: The purpose of the lakes Advisory Committee bylaws is to provide a set of operating procedures for the lakes Advisory Committee, and to establish a code of ethics and conduct. 102: The Bylaws shall be reviewed annually by the lakes Advisory Committee, 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 is annual meeting as the first meeting in January of each year. SECTION 200 STRUCTURE OF COMMITTEE 201: COMMITTEE CREATED: A lakes Advisory Committee is hereby created for the City, its purpose to be of an advisory nature to the City Council and staff on issues related to lakes and other water resources within the City of Prior lake. gaia ~::kes Advisory C::n::mittee thalll::e composed of five (5) members, ap;:ointed by the City Couns~1. Only residents sf ~he City who are at least 18 years ols :hall =e considered fsr a;Jpointmen~. ~aid membs:"s :~::II sep,t€ three-{J) year terms beginning November 1& and ending October 34&.,. The members of the lakes Advisory Committee shall annually elect officers in accordance with the procedures of paragraph 205 herein. 202: DUTIES OF THE COMMITTEE: The duties of the lakes Advisory Committee are as follows: R:\Council\200B Agenda Reports\10 06 OB\LAC Bylaws revised October 200B.docJ:lJane\Resear-Gh\8ylawsI,LAC\LAC 8ylaws revises Septem~er 2001l.S90 1. Research, study and make recommendations to the City Council on the information contained within the "Comprehensive Lake Management Plan." 2. Research, study and make recommendations to the City Council on the information contained within the "Storm Water Pollution Prevention Plan," including conducting required public hearings. 203: APPOINTMENT: The Committee shall consist of at least five (5) members and no more than seven (7) 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 Committee shall be representative of the citizens who live in Prior Lake. Committee 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. 204: VACANCIES: If the office of Chair becomes vacant, the Lakes Advisory Committee shall appoint a replacement as set forth in paragraph 205 herein. If the Office of Vice-Chair becomes vacant, the Committee shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office. If an appointed member of the Lakes Advisory Committee resigns, is terminated, reaches a term limit, or otherwise vacates a seat of the Committee, 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. 2. The City Manager or his designee, the City Council member who has been appointed as the liaison to the Lakes Advisory Committee, or who has been appointed to serve on the work group, and the committee chair (unless the appointment is the committee chair appointment or re-appointment, or in the case where no chair has been determined) shall interview all candidates and make a recommendation to the full City Council. No person will sit on any advisory authority charged with the selection of the successor for that person. 3. The recommendation of the interview panel shall be presented to the City Council and the Council may accept or reject the recommendation. If the recommendation is rejected, the City Council shall appoint another individual or decide to reopen the vacancy to the publiC for new candidates. 205: Officers: The Lakes Advisory Committee shall elect from among its members a Chair, and a Vice-Chair. The City Manager or his/her designee shall serve as Secretary of the Committee. R:\Council\2008 Agenda Reports\10 06 08\LAC Bylaws revised October 2008.docJ:lJane\Resear.ch\8ylaws\LAC\l.P,C Bylaws r:evised Septemller 20011.doc 1. Chair: The Chair of the Committee shall be elected by a majority vote of the Lakes Advisory Committee prior to the first meeting in November. The term of the chair shall begin in November and run for two years. The duties of the Chair shall include review and approval of meeting agendas, presiding at meetings, participating with the City Council in the selection of Committee members, semiannual reporting to the City Council, and representation of the Committee as appropriate. 2. Vice-Chair: The Vice-Chair shall be selected annually by the Committee 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. Secretarv: The City Manager or his/her designee shall act as the Secretary and shall be responsible for recording and compiling a written summary of all official activities of the Committee. 206: 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 Lakes Advisory Committee. 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. 207: PERFORMANCE CRITERIA: Annually the Committee shall perform a written self-evaluation on the following: 1. Implementation of the Committee's purpose. 2. Achievement of Goals and Objectives. 3. Compliance with Bylaws. 4. Formulation of proposals and recommendations and overall accomplishments. 5. Visitations of subject sites as applicable. 6. Annual personal attendance record of at least 75%. The Committee shall forward this evaluation to a review committee comprised of the staff member assigned to the Committee, City Manager, Mayor, and one member of the City Council. The review committee shall present this report and any additional comments to the Council by the first week of December for action and recommendation at the annual meeting in accordance with the Council Bylaws. R:\Council\2008 Agenda Reports\10 06 08\LAC Bylaws revised October 2008.docJ:lJane\Researcl1\Sylaws\LAC\LAC 8ylaws revises September 2Q08.soc .3 and . and ObjectMtyfrom alfOf ft$ QfftCialS. 1. ration of derrtOcratic of Its government. 2. $haJJ adhere to the ic tMt in Its' . . In . . officiat& and staff 'fOh ....tdarda and 302: .... _'1J 304: 301: . A public official or _I gowmmemal unit who in R:\Council\2008 Agenda Reports\10 06 08\LAC Bylaws revised October 2008.docJ:\Jane\Researeh\Bylaws\b.AC\LAC Bylaws revised September 2008.dee . ... 1. a disqualifying conflict of . nut cor1fUct 8P:d.~ from 2. 3. committee of t aAy,/~.niP:"tl.agenda - 301: may offtoiat. 401 402:, .....TIRCA liON: All regular meetirtgs of the Committee ..8JJbe AOticed by: 1 . Posting atCit)f Hall for at least two (2) ~ prior to the meeting. R:\Council\2008 Agenda Reports\10 06 08\LAC Bylaws revised October 2008.docJ:\Jane\Resear.ch\8ylaws\b.AC\LAC Bylaws Fe'Jised September 2008.des 5 401:~il'\GS of the memDersof the ttatMdllt.. MY bUail1eS$ dMilnatedmthe. a delivered . prlo't~lH time of the pII member of the committee at least two At 404: ~~ AND SPECIAL ,M,~Ell~GS: A majority of Co shall COI"lStitute a quorUm of conducting its business, but a s'dIfer num to u quorum i' Obtti,.d. WheA a . n by. the C~ upoA a v of a majority of the present. 405: C9ncj)JQ "'~Rf" _ ~QI- The for a regutariy scheduled meeting shalllAclade the following In order buSiness: 1. call to Order 2. Approvat of mim.. ofpreviQus meeting(s) 3. Old Business 4. SS 5. 6. 7. 408: . Ff,.,SlIC t1eJ\ffiNG FORMAT: Public hearings shall be conducted in the following manrter: 1 Thepres.idiAg.officer c8JJs the pUblic hearing to order and d.ares the time: of ope 2 It is the hearings at standpoint. The pre ' 3 R:\Council\2008 Agenda Reports\10 06 08\LAC Bylaws revised October 2008.docJ:\Jane\Research\Byla'h'S\LAC\LAC Bylaws r-evised September 2QQIl.Goe 0 is theirexelusive or primary opportunity to provide I~ to the 4 ,ant make a presentation or report on, _ subject matter for the hearing. S asks lakes Advisory CommOtee memDers if they Qrconsultsnt. if any. 6 a motion and second toopsn the public 7 ing officer announces that input will be received from the QitizenS. Formal inputlnciudes the name and address of,the ,speaker lum. 8 been heard. the pree,iding officer requests a motion to: . . es Advisory Committee votes I the hearing is dosed for the 10 isory Committee stlQuJd " y ulng the item. .7: VOTING: Alt members of the Committee have equal voting authority. I [JK.l] SECTION 500 SCOPE OF POWERS AND DUTIES 501: POWERS AND DUTIES: The Committee shall act in an advisory capacity to the Prior lake City Council and shall advise the City Council on matters identified in Section 100 or as assigned to the Committee. Semiannually, or as otherwise required by the Council, the Committee Chair shall give an accounting of the Committee's activities with respect to its goals and objectives before the City Council. Additionally, specific R:\Council\2008 Agenda Reports\10 06 08\LAC Bylaws revised October 2008.docJ:\Jane\Research\Bylaws\LAC\b.AC li1ylS.fJ8 F8\'iaed September 200i.dGC I' powers, duties and responsibilities may be assigned to the Committee upon approval of the City Council. 502: SUBCOMMITTEES: The Committee may divide its membership into subcommittee, as it deems necessary to implement its goals and objectives. SECTION 600 AMENDMENTS 601: AMENDMENTS: These bylaws shall be reviewed by the Committee annually. The Committee may recommend revised Bylaws to the City Council for final approval. R:\Council\2008 Agenda Reports\10 06 08\LAC Bylaws revised October 2008.docJ:\Jane\Research\Byla'J/s\LJ\C\LAC Byla'/J8 revised September 2001l.dec CITY OF PRIOR LAKE PARKS ADVISORY COMMITTEE BYLAWS Adopted May 16, 1994 Amended January 2,1996 Amended January 6, 1997 Amended February 16, 1999 Amended December 4, 2000 Amended June 3,2002 Amended January 5, 2004 Amended October 18, 2004 Amended January, 2006 Amended October 6, 2008 SECTION 100 PURPOSE 101. The purpose of the City of Prior Lake Parks Advisory Committee bylaws is to provide a set of operating procedures for the Parks Advisory Committee, and to establish a code of ethics and conduct. 102: The Bylaws shall be reviewed annually by the Parks Advisory Committee, 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 is annual meeting as the first meeting in January of each year. SECTION 200 STRUCTURE OF COMMITTEE 201: COMMITTEE CREATED: A Parks Advisory Committee is hereby created for the City, its purpose to be of an advisory nature to the City Council and staff on issues related to park and open space development, land acquisition and development policies. Said Parks Advisory Committee shall be composed of no more than seven (7) and no less than 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 1s and ending October 31st. The members of the Parks Advisory Committee shall annually elect officers in accordance with the procedures of paragraph 205 herein. 202: DUTIES OF THE COMMITTEE: The duties of the Parks Advisory Committee are as follows: 1. Serve as a liaison between city government and the community. 2. Serve as a resource for a new and existing neighborhoods, groups, and civic organizations seeking information concerning the Prior lake park system. 3. Assist the City in setting open space, land acquisition and development policies. 4. Make recommendations to the City Council relating to specific parks and open space development. r:\council\2008 agenda reports\10 06 08\pac bylaws revised october 2008.docj:~ane\resear-ch\bylav:s\pac\pac bylaws revised ostober 2008.doc 1 5. Assist the City Council in researching a variety of funding sources for the Capital Improvement Program and related park development. 203: APPOINTMENT: The Committee shall consist of no more than seven (7) and no less than five (5) members appointed by the Prior Lake City Council for a term of three (3) years. The Committee shall be representative of the citizens who live in Prior Lake. Committee 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. Committee members may serve additional terms upon approval of the City Council. 204: VACANCIES: If the office of Chair becomes vacant, the Parks Advisory Committee shall appoint a replacement as set forth in paragraph 205 herein. If the Office of Vice- Chair becomes vacant, the Committee shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office. If an appointed member of the Parks Advisory Committee resigns, is terminated, reaches a term limit, or otherwise vacates a seat of the Committee, 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. 2. The City Manager or his designee, the City Council member who has been appointed as the liaison to the P Advisory Committee, or who has been appointed to serve on the work group, and the committee chair (unless the appointment is the committee chair appointment or re-appointment, or in the case where no chair has been determined) shall interview all candidates and make a recommendation to the full City Council. No person will sit on any advisory authority charged with the selection of the successor for that person. 3. The recommendation of the interview panel shall be presented to the City Council and the Council may accept or reject the recommendation. If the recommendation is rejected, the City Council shall appoint another individual or decide to reopen the vacancy to the public for new candidates. 205: OFFICERS: The Officers of the Prior Lake Parks Advisory Committee shall be a Chair, Vice-Chair and a Secretary. The City Manager or his/her designee shall serve as Secretary of the Committee. 1. Chair: The Chair of the Committee shall be appointed from among the Committee's membership for a two year terms in November, by majority vote of the Parks Advisory Committee. The duties of the Chair include: . Review and approval of meeting agendas. . Presiding at meetings. · Participating with the City Council in the selection of Committee members. . Annual reporting to the City Council. . Representation of the Committee as appropriate. r:\council\2008 agenda reports\10 06 08\pac bylaws revised october 2008.docj:\jane\research\bylawE\pac\pac eylaws revised october 200B.doc 2 2. Vice Chair - The Vice-Chair shall be selected annually by the Committee 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 City Manager or his/her designee shall act as the Secretary and shall be responsible for recording and compiling a written summary of all official activities of the Committee. 206: 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 within the committees and 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. 207: PERFORMANCE CRITERIA: Annually the Committee shall perform a written self- evaluation on the following: 1. Implementation of the Committee's purpose. 2. Achievement of goals and objectives. 3. Compliance with bylaws. 4. Formulation of proposals and recommendations and overall accomplishments. S. Visitation of subject sites as applicable. 6. Annual personal attendance record of at least 75%. The Committee shall forward this evaluation to a review committee comprised of the staff member assigned to the Committee, City Manager, Mayor, and one member of the City Council. The review Committee shall present this report and any additional comments to the Council by the first week of December for action and recommendation at the annual meeting in accordance with the Council Bylaws. .1: t go.mmenfwiffbe. foet all of its officIafs. 1. The CttyofPrior Lake finds that the proper ~n of~.~representativ. IODmment requireS "at: . etemed and appointed officials beindependf!tnt. impartial and relponsi.:tothe peapf.; . poIiq _ made in the proper channeJs of the . . r:\council\2008 agenda reports\10 06 08\pac bylaws revised october 2008.docj:~ar19\r8search\bylaws\~ac\pac byla,,:s revised october 2008.doc 3 2. eIhiceIstarldards ..thatenhance · Creating 'ttanSparency in its adionI through honest and open QOI11mun.icatlon; and · Basi . forum and periodic trai al values that reflect high ofIciate and staff to discuss · aNi CtJI't'Imt conditions and . . 3. in favor or protecting the promOting ..ethical 302: 1ft. favQr or thing of . thing or, . directly or 3Oa: qUJNENT ..of personal convenience or profit. cial shall request or permit the . materials. property. tabor or 304: : Except _ authoriledin.Minn. Stat. 471.88. a public officer who is .. ke part in any manMr 1eMe. or contract in official capacity shall ntarily neve a, I interest in that _".lease. or contract or .per&o financl8JJy om. {Minn. Stat. Section ."t,'J a08: by ,a metropolitan governmental to other or occUpatioA. must take 1. Attorney of the. pQtential conflict of interest as soon _ possible. . the meeting; and . shiI1f determiM whether a...disqualifying confJict mmittee of the potential confHet'and abstain agenda item. 2. 3. ao&: r:\council\2008agenda reports\10 06 08\pac bylaws revised-october 2008.docj:'Janeliesearch\bylawE\pac\pac byla'.'IE revises 9ct9ber 2008.S9C 4 301: .fM~MJE,OF ,OF:FICf.AL ~T'ON: No elected or appointed official may use his or her official that Is, or would to a reasonable ,person appear to be primarily for the private of the official. IECllQM,.4f4): CONDUO".:IIEiTINGS 401: RE<I&A~MeETJNGS: In conformance with the Minnesota OPeA MeetIng law an rrnNitlnGsCf the commutee are open to the public. be held as needed at Prior take City Halt, 4646 Dakota Street a. In the event that such a date shan fall on a olida the meet shalt be held on the w.. or ch8ngfd and consent of 402: tiQ.,TlACATION: All regular meetings of the Committee shail.. noticed by: 1. 2. prior to the meeting. shall..iv'ed .rece .. ". City OounOlfl 110 no .oase later than ."'" ' , " , '.' "'., . .. 404: . . ;~ " RUM FOR RE~,U~ Af\JDS~ECIM,. ,ME~TJN~'; A majority. ltitute a quorumfor.the'~~ of conducting Its. from time .. qttOt'tim is may be tak ma~ of the Committee present. 401: .~ HI\IG~,: The agEmda for a reguiarty schedUled in order of business: 1. Call ,to Order 2. Approval of minutes of previous meeting(s) r:\council\2008 agenda reports\10 06 08\pac bylaws revised october 2008.docj:~ane\rese?r''''''~:'-Ia>.\'s\;:~~\pac bylaws- re':ised oGtsber 200a.doc 5 .lA6. ~~';";";"" 3. 4. S. 6. 7. .!.UB{.,C HEARING FORMAT: Public hearings shallbeoonducted in the following manner: 1. The presiding officer calis the public hearing to order and deciares the time of 2. 10. Safety Advisory Committee members if they y. 3. 4. 5. 6. 7. n the public hearing. s. red from the 8. 9. olJCJ1: "... ,.... ..." .VQ'liINB;. All members of the Committee have equal voting authority. I r:\counCfI\2008 agenda reports\10 06 08\pac bylaws revised october 2008.docj:~ane\r9S9ar:~\.':yla'NE\pao\pao byla'l.'s revised ogtober 2008.doo 6 SECTION 500 SCOPE OF POWERS AND DUTIES 501: POWERS AND DUTIES: The Committee shall act in an advisory capacity to the Prior lake City Council and shall advise the City Council on Park matters identified in Section 100 or as assigned to the committee. Semiannually, or as otherwise required by the Council, the Committee Chair shall give an accounting of the Committee's activities with respect to its goals and objectives before the city council. Additionally, specific powers, duties and responsibilities may be assigned to the Committee upon approval of the City Council. 502: SUBCOMMITTEES: The Committee may divide its membership into Subcommittees as it deems necessary to implement its goals and objectives. SECTION 600 AMENDMENTS 601: AMENDMENTS: These bylaws shall be reviewed by the Committee annually. The Committee may recommend revised bylaws to the City Council for final approval. r:\council\2008 agenda reports\10 06 08\pac bylaws revised october 2068.docj:\Jane\research\byla\'J~cr\pac by13ws revised october 2008.doc 7 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 October 6.2008 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 is 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. Said 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 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 Development/Natural Resources Director. R:ICouncil\2008 Agenda ReportsllO 06 08\Planning Commission Bylaws - revised October 08,DOCl:\l8ne\Re!Je&fekIB)I...slPl..",;"g CommissioBlPlel."Hg Commiosi6ll Byla... ...-ise<! Gatoher Il&OOG 3. To recommend policies to the City Council for guiding action affecting development. 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 Commission shall consist of members appointed by the Prior Lake City Council for a term of three (3) years. 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. 204: VACANCIES: If the office of Chair becomes vacant, the Planning Commission shall appoint a replacement as set forth in paragraph 205 herein. If the office of vice-chair becomes vacant, the Planning Commission shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office. If an appointed member of the Planning 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. 2. The City Manager or his designee, the City Council member who has been appointed as the liaison to the advisory authority, or who has been appointed to serve on the work group, and the committee chair (unless the appointment is the committee chair appointment or re-appointment, or in the case where no chair has been determined) shall interview all candidates and make a recommendation to the full City Council. No person will sit on any advisory authority charged with the selection of the successor for that person. 3. The recommendation of the interview panel shall be presented to the City Council and the Council may accept or reject the recommendation. If the recommendation is rejected, the City Council shall appoint another individual or decide to reopen the vacancy to the public for new candidates. 205: OFFICERS: The Planning Commission shall elect from among its membership a chair, and vice-chair. It shall also appoint a Community Development/Natural Resources staff member to serve as secretary of the Commission. R:ICouncil\2008 Agenda ReportsllO 06 08\Planning Commission Bylaws - revised October 08,DOCJ"J~.;~,.h.lf.h\Bll...s\Pl.Ming CoRlffli..iolt'PI.......g :~"..~..:...I!,1..... ......d Oeleber 2 ~ 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 three years. 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 Community Development/Natural Resources Director or his/her designee shall act as the Secretary and shall be responsible for recording and compiling a written summary of all official activities of the Planning Commission. 206: 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. 207: PERFORMANCE CRITERIA: Annually the Commission shall perform a written self- evaluation on the following: 1. Implementation of the Commission's purpose, 2. Achievement of goals and objectives, 3. Compliance with bylaws, 4. Formulation of proposals and recommendations and overall accomplishments, 5. Visitation of subject sites as applicable, and 6. Annual personal attendance record of at least 75%. The Commission shall forward this evaluation to a review committee comprised of the Community Development/Natural Resources Director, the City Manager, the Mayor, and the City Council member appointed liaison to the Commission. The review committee shall present this report and any additional comments to the Council by the first week of December for action and recommendation at the annual meeting in accordance with the City Council bylaws. 208: REMOVAL OF MEMBER: Any member of the Planning Commission may be removed from office for just cause by a two-thirds (2/3) vote of the entire City Council. Such member shall be entitled to a public hearing before such a vote is taken. In addition, any member may be removed for nonattendance at Planning Commission meetings by action of the City Council. R:ICouncil12008 Agenda ReportsllO 06 081J>lanning Commission Bylaws - revised October 08,DOCJ:\JIUle\Researelt\ByI"" slPlllfl:,j"8 :~"._.~..:o".\;,I.."."8 Commission Byl...s ..",ed Oetober 3 ~ 1. The City of Prior 1.$ the proper operation of democratic representative government req · Elected and appoirlted officials be independeAt. impartial and responsible to the people; . Governmental and policy be made in the proper channels of the · for personal gain; . The pubiiohave confidence in the il1tegrity of its government. 2. The City of Prior lake shall ad highest ethical standards that enhance the public trust in its fOCal g . Creatingtr....patency in Its actions through honest and open communication; and . '&ions .and adopting public policies on what is in the best interests of blids business . and_peel in communicating . . 3. .EtNCS shall be liberally construed in favor or protecting the of conflicts of interest and promoting ethicai 302: 304: in Minn. Stat. 471.88. a public . a lease. or alinterest in that ..rtfrom. (Minn. Stat. Section 306: R:\CouncilI2008 Agenda Reports\lO 06 08\Planning Commission Bylaws - revised October 08,DOCl:\Jane'Re.earohlB)I"" s\P1atmiBg Cemmi.sier\~'~c.:..:,'...:,:: ,,'.'.:lion 8)1.... re"sed Ooteber 4 ~ 1. tiel confliCt of interest as soon as possible. lifYlOS conflict of interest exists. al1dabttain from any 2. 3. 306: 301: [JKl] SECTION 400: CONDUCTING MEETINGS 401: MEETING SCHEDULE: The Planning Commission will meet on the second and fourth Monday of each month, or at such other time as may be deemed necessary, providing adequate notice is furnished of the public meeting. Regular and special meetings of the Planning Commission shall be televised on cable television. 402: AGENDA AND MEETING FORMAT: Business of the meeting will be conducted according to the Agenda prepared by the Community Development/Natural Resources Department Director. Unless extreme circumstances exist, the Community Development/Natural Resources Department Director shall deliver the completed agenda packets by Thursday prior to the meeting date. To meet this schedule the Community Development/Natural Resources Department Director shall adhere to the submittal deadlines established by staff at the beginning of each year. 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 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 I Correspondence R:ICouncil\2008 Agenda ReportsllO 06 08\Planning Commission Bylaws - revised October 08,DOC~0,"~ ~::~/o, l:>1aftftiBg<:,.c,::,~,:.,,,ieft\PI..",;.g Cemmissie. B):~,. .0' :._.I-Gelelleo- 5 ~ 8. Adjournment 403: MINUTE PREPARATION: The Community Development/Natural Resources Director, or his/her designee, is responsible for the minutes of the meeting. The meeting proceedings will be taped, recorded and transcribed by the Recording Secretary or a designated representative from staff. The following two requirements for minute preparation will be adhered to: 1. All motions will be typed in capital letters 2. Names of the commissioners will be listed after their vote on the motion. The official minutes shall be prepared and presented to the Planning Commission at the next regularly scheduled meeting. The minutes shall be reviewed by the Planning Commission 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. Approval of the minutes so modified requires a motion, second and a majority vote of the members present at the meeting. If there are no corrections, the presiding officer shall state "the minutes are approved as read." The Community DevelopmenUNatural Resources Director is responsible for the maintenance and filing of the minutes. The following procedure will be used in filing of the minutes: 1. All minutes of the Planning Commission will be kept on file in the office of the City Community DevelopmenUNatural Resources Department in a hard copy, on microfilm, or in digital format. Written meeting minutes adopted by the Planning Commission are permanent records. 2. All the audio taped proceedings, excluding public hearings, must be kept for a minimum of one year from the date of recording. 3. All audio taped proceedings that include public hearings must be kept for seven years from the date of recording. 4. All meetings video taped for the purposes of re-broadcast on the City's local cable channel will not be retained outside of their use for re-broadcasts. A copy of the minutes of the meeting shall be distributed together with the agenda for the upcoming meeting. The minutes and Planning Commission Agenda will be distributed to the Mayor and City Council members, Planning Commission members, selected City staff, and selected residents and individuals indicated on the mailing list kept by the Community DevelopmenUNatural Resources Department Secretary. Remarks made by a member of the Planning Commission may be entered into the minutes by stating that he/she desires to go on the record. These remarks shall be entered into the minutes by the Recording Secretary by way of synopsis or verbatim record, if required by a member. 404: ROLES AT MEETING: 1 On the majority of agenda items, if not all items, the time for direct citizen input, comments and questions will be immediately after the City Staff report and/or presentation. During this time period, every member of the public desiring to speak shall address the presiding officer (by raising a hand or standing up) and upon recognition, shall confine their remarks to the issue under consideration. The presiding officer shall let all present speak once before permitting persons to speak again on the same subject. R:ICouncil\2008 Agenda ReportsllO 06 08\Planning Commission Bylaws - revised October 08,DOCJ:'JWle'Res....blBjl""J7L~~:.J CelllRlissiell\PI&JullHg CBmmissiBH Bjla..s re.,sed OolBber 6 ~ 2 Immediately after citizen input is finished on the issue, the members of the Planning Commission take turns addressing the issue. 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 Council. 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 general public, interested parties or their authorized representatives may address the Planning Commission by written communications in regard to matters under discussion. Written communications may be read aloud at the meeting if so requested by the author and will become part of the record. The communication(s) shall be read by the presiding officer or her/his designee. 4 One member of the Planning Commission shall serve as the Chair and one as Vice-Chair. The Vice-Chair shall preside at all meetings when the Chair is absent from the meeting. When the Vice-Chair is presiding at the meeting he/she shall assume the authority and responsibility of the presiding officer at the meeting. 5 If in the event the Chair and Vice-Chair are absent, the Director of Community Development/Natural Resources shall call the meeting to order and preside until such a time that the Planning Commission elects among itself a member to preside at the meeting. After a member of the Planning Commission has been selected to preside over the meeting, the Community Development/Natural Resources Director shall step down. The presiding officer, at all times, shall be allowed to vote in the same manner as all other Commissioners. 6 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. 7 The presiding officer shall open all public hearings at the predetermined time and date. The presiding officer shall, for informational purposes, state the purpose of the hearing or read the public notice calling for the hearing into the record of the meeting proceedings. 8 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. 9 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. R:ICouncil\2008 Agenda ReportsllO 06 08\Planning Commission Bylaws - revised October 08,DOCJMet.;:\_._~_:.\B}laM\Pl"uling C.__,~,,:>c:PI.."Ii.g Cemmissie. B}I.... ....'.d Oelebe, 7 QMlGG 10 If a motion is unnecessary, unsuitable for consideration, and/or proposed at an inopportune time for the purpose of delaying or embarrassing other, the presiding officer may rule the motion out of order on her/his own initiative. 11 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. 405: PUBLIC HEARING FORMAT: Public hearings shall be conducted in the following manner: 1 The presiding officer calls the public hearing to order and declares the time of opening. 2 It is the intent of the Planning Commission to open all public hearings at the predetermined and published time. From a practical standpoint, not all hearings can be opened at their designated time. The presiding officer may delay the start of a hearing until the business at hand is acted upon, in any manner, by the Planning Commission. However, in no circumstances can a hearing be opened prior to the predetermined and published time. 3 The presiding officer shall read, from the hearing notice, the details on the hearing sufficient to provide the public a general understanding of the purpose and procedures for the hearing and the fact that the hearing is their exclusive or primary opportunity to provide input to the city on the subject. 4 Staff and/or a consultant make a presentation or report on the subject matter for the hearing. 5 The presiding officer asks Planning Commission members if they have questions of the staff or consultant, if any. 6 The presiding officer requests a motion and second to open the public hearing. 7 The presiding officer announces that input will be received from the citizens. Formal input includes the name and address of the speaker delivered from the podium. 8 After all persons have been heard, the presiding officer requests a motion to: . Close the public hearing and the Planning Commission votes on the motion. Once the vote is taken, the hearing is closed for the record, or . Continue a public hearing. If the Planning Commission votes to continue the hearing, the presiding officer, in consultation with the Community DevelopmenUNatural Resources Director and Planning Commission, shall select and announce a time and date certain for the continued public hearing. No additional publication or notice requirements are needed if a hearing is continued to a later date. However, no public hearing may be continued more than once without re-notice and publishing the time, date and location of the hearing. R:ICouncil\2008 Agenda ReportsllO 06 08\Planning Commission Bylaws - revised October 08,DOCl:>Jane\Reoeereh\ll)ln..o\Pl...lillg Cemmi"iewPl",.ling Cemmisoio8 Byl.... ..Aoed Oolaber 8 g&,OOG 9 The Planning Commission addresses the subject matter through deliberation, questions to citizens and staff, and reactions and statement of position on the subject. 10 If the public hearing is closed, the Planning Commission should take action on the application before them in the form of a motion by resolution. However, the Commission may formulate a recommendation which outlines the parameters under which an approval would be granted. The reasons and conditions shall be stated in the motion or resolution for approval or denial. Continuation of an action may occur in the event insufficient information is present to make a decision. The Planning Commission shall delineate the missing information before continuing the item. 406: QUORUM AND VOTING: At each meeting a majority of all the members appointed, at least three out of five, 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 R:ICouncil\2008 Agenda ReportsllO 06 08\Planning Commission Bylaws. revised October 08,DOCJ;\.:....'::'..: ;JI'eh'B)la..s\Plel.liftg CL.",~.,:".\PllHUling Co_osien Bjlo.., ,.. .::_.'~ 9 G8-.OOG AMENDMENTS: 601: AMENDMENTS: These bylaws shall be reviewed by the Committee annually. The Committee may recommend revised Bylaws to the City Council for final approval. R:\Council\2008 Agenda Reports\lO 06 08\Planning Commission Bylaws - revised October 08,DOCJ,\L.~':,,_._.::,':-)la..ii\P!entliftg Cemmissieft'PllHbHng 2.,~~.~~,:,:. :,.Ja<: .'Je<I-OeteI>ef. 10 ~ CITY OF PRIOR LAKE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE BYLAWS Adopted Amended May 1, 2006 Amended October 6, 2008 SECTION 100 PURPOSE 101. The purpose of the City of Prior lake Economic Development Advisory Committee Bylaws is to provide a set of operating procedures for the Economic Development Advisory Committee, and to establish a code of ethics and conduct. 102: The Bylaws shall be reviewed annually by the Economic Development Advisory Committee, and any changes or amendments agreed to by a majority vote of the Committee shall be recommended to the City Council for adoption at its annual meeting. The City Council conducts is annual meeting as the first meeting in January of each year. SECTION 200 STRUCTURE OF COMMITTEE 201. COMMITTEE CREATED: The City Council has established anAR Economic Development Advisory Committee. The Committee is advisory and its purpose is to study and provide reports, analysis and recommendations to the it hereby create:;j f~r the City, i~s ;:l::FPS:s to be of The Committe= s~:1I ast-ir. an advisory sC:J3asit}' ~:tl::ra-te- tRe-Prior Lake City Council and Economic Development AuthoritY-aR8 s~all provide advice both on economic development matters identified in ~he purpose er as assigned to the Coommittee by the City Councilor Economic Development Authority. SaiG-Members to the Economic Development Advisory Committee Ghall consist sf: . number of memba:-: s€ :":':ay be detcr:r.ined-aR:;j a;:;:ointed by the Prior lake City GGt:t-r,dl. shall be appointed by the City Council. Only residents of the City who are at least 18 years old shall be considered for appointment. MSaid meembers shall serve three (3) year-terms beginning November 1s and ending October 31st. The members of the Economic Development Advisory Committee shall annually elect officers in accordance with the procedures of paragraph 205 herein. 202. DUTIES OF THE COMMITTEE: ^n~lI~II~Ler c:S othelv.'ise required by the Couns:l, tl=:e- G:mr.1ittee-(:h:if-:hall ~c an as~ounting sf ~ha Committee's 3ctivities '.\lith respect to its purposes, gs:I€ 2r.d objectives. 2~eoifio powe:-:, The duties and responsibilities of the Committee include: 1. Serve as a liaison between city government and the community; 2. In conjunction with the City Council, Economic Development Authority and staff, facilitate economic growth and redevelopment activities for the City of Prior lake; 3. Work with citizens, City staff, business owners, property owners, prospective developers, the Chamber of Commerce, and other economic development - - R:\Council\200S Agenda Reports\10 06 OS\Prior Lake ED Advisory Committee ByLaws REVISED-October 08.docJ:\Jane\Researsh\Bylaws\EDAC\Prior Lak~ =~ ./I,dvisory CSP.'::l'i>>.se ByLaws REVISED Octoeer OS.dos 1 stakeholders on a variety of economic development and redevelopment activities; 4. As requested, provide review and comment on economic development and redevelopment policies to the City Council and Economic Development Authority. S. Make recommendations to the City Council and Economic Development Authority regarding economic development issues, strategy development and implementation and other initiatives that can be undertaken by the City to expand and strengthen its economy, inclusive but not limited to business retention & expansion, targeted business attraction / recruitment, new business / entrepreneurial development, and redevelopment; and 6. Assist the City Council and Economic Development Authority to identifyiA- finding funding sources for economic development and redevelopment. 203. APPOINTEMENT: The Committee shall consist of a number of members as may be determined and appointed by the Prior lake City Council for a term of three (3) years from November 1 to October 31. The Committee shall consist of two City Council members, the City Manager or designee, and a number of residents and/or business persons as may be determined and appointed by the City Council, at least the majority of which must reside in Prior lake. Committee members may serve based upon attendance and participation, continued residence in Prior lake and in accordance with the term limit policy established by the City Council. 204. VACANCIES. If the office of Chair becomes vacant, the Economic Development Advisory Committee shall appoint a replacement in accordance with /\rticle 2, Section 8204. If the Office of Vice-Chair becomes vacant, the Committee shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office. Should a m3~ber resign, or otherwise vacate a seat sr. t~e Committee, Pri=r !...ake City Coum:il th~!1 a;:;:91nt a r~~~.aser.1ent ~9 complete the term. If an appointed member of the Economic Development Advisory Committee resigns, is terminated, reaches a term limit, or otherwise vacates a seat of the Committee, 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. 2. The City Manager or his designee, the City Council member who has been appointed as the liaison to the Economic Development Advisory Committee, or who has been appointed to serve on the work group, and the committee chair (unless the appointment is the committee chair appointment or re-appointment, or in the case where no chair has been determined) shall interview all candidates and make a recommendation to the full City Council. No person will sit on any advisory authority charged with the selection of the successor for that person. 3. The recommendation of the interview panel shall be presented to the City Council and the Council may accept or reject the recommendation. If the recommendation is rejected, the City Council shall appoint another individual or decide to reopen the vacancy to the public for new candidates. 205. OFFICERS: The Officers of the Prior Lake Economic Development Advisory Committee shall be a Chair, Vice-Chair and a Secretary. The City Manager or his/her R:\Council\200S Agenda Reports\10 06 OS\Prior Lake ED Advisory Committee ByLaws REVISED-October OS.docJ:\Jane\Resear-ch\iylaws\e':'.~~ ~:f:a ED Advisory C~~~i~ee iyLaws R='}ISED October 08.doc 2 designee shall serve as Secretary of the Committee. The selection of the Chair or Committee members will be filled in accordance with City Council Bylaws. Chair: The Chair of the Committee shall be appointed from among the Committee's membership for a two-year term in November by majority vote of the Economic Development Advisory Committee. The duties of the Chair include: 1. Review and approve meeting agendas. 2. Preside at meetings. 3. Participate with the City Council in the selection of Committee members. 4. Represent the Committee as appropriate. Vice-Chair: The Vice-Chair shall be selected annually by the Committee 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. Secretarv: The City Manager or his/her designee shall act as the Secretary and shall be responsible for recording and compiling a written summary of all official activities of the Committee. 206. TERM LIMIT: It is the policy of the Prior Lake City Council to impose a twe-three term (or G-9 year) service limitation for all appointed positions within the committees and 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. 207. PERFORMANCE CRITERIA: Annually the Committee shall perform a written self- evaluation on the following: 1. Implementation of the purpose. 2. Member's personal attendance and participation. The Committee shall forward this evaluation to a review committee comprised of the staff member assigned to the Committee, City Manager and one member of the City Council. The review Committee shall present this report and any additional comments to the Council by the first week of December for action and recommendation at the annual meeting in accordance with the Council Bylaws. 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 generally and public office will not be used chiefly or improperly to advance personal interest. The City 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. R:\Council\200S Agenda Reports\10 06 OS\Prior Lake ED Advisory Committee ByLaws REVISED-October OS.doc.':\J:I.,e\Research\8ylaws\I5DAC\Prior Lake ED .II.d'.'isory Committee 8yLaws REVI~E:::; October OS.doc 3 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 be made in the proper channels of the governmental structure; . Public office 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 public trust in local government by: . Creating transparency in its actions through honest and open communication; and . Basing decisions and adopting public policies based on what is in the best interest of the public and overall community; . Supporting the public's right to know the public's business; . Exercising fairness, optimism, responsiveness and respect in communicating with the public. . Providing a forum and periodic training for public officials and staff to discuss organizational values that reflect high standards and current conditions and concerns. 3. The City's Statement of Ethics shall be liberally construed in favor or protecting the public's interest in full disclosure of conflicts of interest and promoting ethical standards of conduct. 302: GIFTS AND FAVORS: No public official shall accept any valuable gift, favor or thing of value, regardless of amount whether in the form of money, service, loan, thing or promise from any person which to the official's knowledge is concerned, directly or indirectly in any manner whatsoever in business dealings with the City. 303: 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. 304: 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) 305: 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. R:\Council\200S Agenda Reports\10 06 OS\Prior Lake ED Advisory Committee ByLaws REVISED-October OS.docJ:\Jane\Re6earch\aylaw6\E~A':\P~~s~ ~:t:9 ED Advisory Committee Bylaws RE\'I~~D 'Jctober QS.doc 4 3. Orally inform the Committee of the potential conflict and abstain from any participation in that agenda item. 306: 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 insure 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 insure that the officials will not act arbitrarily to further their selfish interests. 307: MISUSE OF OFFICIAL POSITION: No elected or appointed official may use his or her official position for a purpose that is, or would to a reasonable person appear to be primarily for the private benefit of the official. SECTION 400: CONDUCTING MEETINGS 401: REGULAR MEETINGS: In conformance with the Minnesota Open Meeting law all meetings of the Committee are open to the public. Regular meetings shall be held quarterly at the PriG:" ~ake Fire-Statk::n, 1 ae+e !=i:h Point Roa~ ~=Prior Lake City Hall, 4646 Dakota Street SE, Prior lake, Minnesota. In the event that such a date shall fall on a legal holiday, the meeting shall be held on the next succeeding day. Regular meetings may be rescheduled, canceled or changed depending upon unique circumstances and subject to the approval and consent of both the Chair and/or Vice- Chair. In the event that such a date shall fall on a legal holiday, the meeting shall be held on the next succeeding day. Regular meetings may be rescheduled, canceled or changed depending upon unique circumstances and subject to the approval and consent of both the Chair and/or Vice-Chair. 402: NOTIFICATION: All regular meetings of the Committee shall be noticed by: 1. Posting at City Hall for at least two (2) days prior to the meeting. 2. A copy of the notice, agenda and accompanying materials shall be received by the Committee, City Council, staff and others designated by the City Council, no later than the Wednesday prior to the Monday meeting and in no case later than two (2) days prior to a special meeting. 403: SPECIAL MEETINGS: Special Meetings of the Committee may be called by the Chair, or two (2) members of the Committee for the purpose of transacting any business designated in the call. Staff may recommend calling a special meeting, but must receive approval from either the chair or two members of the Committee. The call for a special meeting may be delivered prior to the time of the proposed meeting to each Committee member of the Committee at least two (2) days prior to the special meeting. At such meetings, no business shall be considered other than as designated in the call.- The notification provisisns of SectiGn 9-d ~he articlE sh~!l be follo'Ned. R:\Council\200S Agenda Re"'ports\10 06 OS\Prior Lake ED Advisory Committee ByLaws REVISED-October OS.docJ:\.Jane\Resear:h\g~'laY.'s\~!JAG.\Pfia~ ~:::l<e ED /\s',isery CaFr.r.'i.jee ByLav.'E ~E\flaE~ Octeber OS.see 5 404: QUORUM FOR REGULAR AND SPECIAL MEETINGS: A majority of Committee members shall constitute a quorum for the purpose of conducting its business, but a smaller number may adjourn from time to time until a quorum is obtained. When a quorum is in attendance, action may be taken by the Committee upon a vote of a majority of the Committee present. 405: CONDUCT OF BUSINESS AT MEETINGS: The agenda for a regularly scheduled meeting shall include the following in order of business: 1 . Call to Order 2. Approval of minutes of previous meeting(s) 3. Old Business 4. Other Business 5. Staff Update 6. New Business 7. Adjournment 406: PUBLIC HEARING FORMAT: Public hearings shall be conducted in the following manner: 1. The presiding officer calls the public hearing to order and declares the time of opening. 2. It is the intent of the Economic Development Advisory Committee to open all public hearings at the predetermined and published time. From a practical standpoint, not all hearings can be opened at their designated time. The presiding officer may delay the start of a hearing until the business at hand is acted upon, in any manner, by the Lakes Advisory Commission. However, in no circumstances can a hearing be opened prior to the predetermined and published time. 3. The presiding officer shall read, from the hearing notice, the details on the hearing sufficient to provide the public a general understanding of the purpose and procedures for the hearing and the fact that the hearing is their exclusive or primary opportunity to provide input to the city on the subject. 4. Staff and/or a consultant make a presentation or report on the subject matter for the hearing. 5. The presiding officer asks Economic Development Advisory Committee members if they have questions of the staff or consultant, if any. 6. The presiding officer requests a motion and second to open the public hearing. 7. The presiding officer announces that input will be received from the citizens. Formal input includes the name and address of the speaker delivered from the podium. 8. After all persons have been heard, the presiding officer requests a motion to: . Close the public hearing and the Economic Development Advisory Committee votes on the motion. Once the vote is taken, the hearing is closed for the record, or . Continue a public hearing. If the Economic Development Advisory Committee votes to continue the hearing, the presiding officer, in consultation with the Economic Development Advisory Committee, shall select and announce a time and date certain for the continued public hearing. No additional publication or notice requirements are needed if a hearing is continued to a later date. However, no public hearing may be continued more than once without re-notice and publishing the time, date and location of the hearing. . R:\Council\200S Agenda Reports\10 06 OS\Prior Lake ED Advisory Committee ByLaws REVISED-October OS.docJ:lJane\Research'.ByI3lNs'.EDAC\PriGr Lake ED Ad':isGry C~~~!1tee ByLaws RE'.'12S[' 'JctGber Oil doc 6 9. The Economic Development Advisory Committee addresses the subject matter through deliberation, questions to citizens and staff, and reactions and statement of position on the subject. 10. If the public hearing is closed, the Economic Development Advisory Committee should take action on the application before them in the form of a motion by resolution. However, the Committee may formulate a recommendation which outlines the parameters under which an approval would be granted. The reasons and conditions shall be stated in the motion or resolution for approval or denial. Continuation of an action may occur in the event insufficient information is present to make a decision. The Economic Development Advisory Committee shall delineate the missing information before continuing the item. 407: VOTING: All members of the Committee have equal voting authority. ][JKl] SECTION 500 SCOPE OF POWERS AND DUTIES 501: POWERS AND DUTIES: The Committee shall act in an advisory capacity to the Prior Lake City Council and Economic Development Authority and shall provide advisee both on eEconomic aDevelopment matters identified in tAG I':H,,')~Section 100 or as assigned to the committee by the City Councilor Economic Development Authority. Annually or as otherwise required by the Council, the Committee Chair shall give an accounting of the Committee's activities with respect to its purposes, goals and objectives. Additionally, specific powers, duties and responsibilities may be assigned to the Committee upon approval of the City Council. 502: SUBCOMMITTEES: The Committee may divide its membership into Subcommittees as it deems necessary to implement its goals and objectives. SECTION 600 AMENDMENTS 601: AMENDMENTS: These bylaws shall be reviewed by the Committee annually. The Committee may recommend revised bylaws to the City Council for final approval. SeetioB :\.. boofliet :fIeterest .\ memb:r sl:all :-efrain fram diseHssmg, votHig on, ::- k: :lF~' S:::l:f'Jlel'-t~f.~g;aFt ::: :::"''1 aetioR er aeeisieR af the EeoRom.ie DevelopmeRt f.dvisary Committee if: The member has, or reasaRable expects t: ~.e.ve dw-Hig the member's term of office, a direct iBterest in the ol:lteame of the aetieR or deeisie::, 1L'~e$s the effeet of the aetioR ar deeisi::: 3:: the member's ffiterests wOHld be Re greater t.l:a::: its etreet on ether per.>on" ar ;r:pefty-:,.;n-,~le.r~:;' situated; or The member has a direot ::- ::::iireet iBter:::~::: :.:~. sale, lease, :h 300tfa6~~:.t is l1e stlbjeet ofihe aedoR ar deeisioR, except as expressly permitted leae:- ::~ate lows gon::-.:k:;; 1F.::1lieij:al ::omraets. If a eeamet m"lelves the presiding Offi6.7.; H: ::dditieR ta refraining fr:),"R ;:lft-ieipati~ ::: tb~ aetioR ar deei:i::: ::$ pro'.'ided Hi this seeix, tEe presidHig effie:r ::~.e.~l ~:s~uz~fy hh~i.hefs::~:~a::l :..'le dI:1ties afpresidiBg offieer and ::!:::l~ pss the gayel to the Viee ~P&': af-t9 :::...~' member whe ~~ ::3-OOftfliet. :s.J presiaHig offio::- :B::Y reslHRe the chair onee the issue has Been dispatehed, SeetioR .A.. CORmet af Interest f. membe:- ::!:zl~ :-e~::~ ~::E. ~is::u:;sing, ',ating OR, ~i al ~. :E.::mBeF-~c~;; ;:::...-: ::: 3.., aetioR er deei:i:r.. af the EeoRomio De',elopmeat .A.dvisory Cammittee if: - R:\Council\2008 Agenda Reports\10 06 08\Prior Lake ED Advisory Committee ByLaws REVISED-October 08.doc }:\ },:,.,e\ResearcR\8ylaw:\~~AC\Prior Lake ED Ad'/isory C:::r.P.':;~ee 8yLawc RE\.'I~E~ October OS.doc 7 The membe: ~a:, ar reasenable e:Xfleets t~ h:t':e-Ehu:::.g the memeer's term of effiee, a direst ~t~rest iB the om:come efthe aetieR er deeisie::, ocless the eff::t :iftl:e aetieR er deeisio:: :x: :he memeer's iBterests weald be no greate: ~1C::: its ~ffeet aR Gth;:;r pElfSOOS-3f ~f3~' sinil::.rly simated; or The member l:z :: jireet ar iBdireet interest i:: :my sale, lease, 3: sSBtFa:t iliat:: ~: ::t.:jeet afthe aetiaR ar decisi3::, ~ as e:xpressly permitte<l :waer state lovis gevemiBg ml:lRi~~al :emraets. It a :a:ltliet Hl-'Ialves the presidiFlg affiee::-, :.:: ::aditiaR ta refr::iF..~ ~a."'i.eipatioR iR the aetiaR ar decision as pro'lided in this seetion, the presiding offic:r :sal~ =i:tJ.::::~.;.~' ~b,'herself=-a:r: ~e d1:Ries of presiding affieer and shall ;z: the gavel to the Viee Chair or to aay member '.vho has RO eORflie~. T~e presiding efficer El~' resl:lIRe the ehair ORee the issue has been :Us~atsheth SeetieR ,A.. ~:::-LE::t ofIFlterest ,A. member shall :efrain fram dis::.zs:::.;, ':etiRg OR, er in any manner tal<i::g ;a.~--HHm aetieR er de:J-kh:: of the Eec:lRom:s ~evelaflmeFlt f.dvisery C~H'.ni~ The member has, or reas3::a:~ll e:xpects t3 ~r.:.\"~g tt.:l member's term of office, a direst :.::~-ereJt ~ L'le eateome of the actioR or dechx)}:, a::~3SS the effeet of the actieR er deeisieR eR the member's iBterests waald be RO greate: ~'l it: effect on other perseRS :r rroperty similarly situated; or +fle-me.7.lb. sa: :: jireet or iRdirect iBterest:.:: ::::" sale, leas:; ~r ::oRtraet that is the sabjeGt 3fl1e actioR er deeisieR, e](eept as e:xpressly peP.:li~ed ooder state lo'/;s ;:yeraiBb :Fr.:.1i::;a-1. aa:ltFaats. If a eeRtlict invalyes the presidiRg offic::r, :.:: ::aa:t:~:: ~==; from parti::~at::x: :n the actioR or deeisb: ae l'r:wiEled- ~ tis seetien, the presi:E::g 9ft'iGef-:l:::ll ais~&:l!:f)'l::.':l.'herselffrom the dlities ofpresidiRg offieer and s~aU ~::33 e:~ gz':el- te the Vice (:~a:: aF-ta ar..~' member whe has RO eenflie~. ~l:e presiding affice: ::la;,' reSl:lme th: sl'.uIr 8Ree the issl.::: b: &eea-di:;::tsheth Seetion :\. CeRfliet efInterest ,A. member shall reffaiR from disCliSSing, votiRg :::, a: :.-: ar..y ::la:'.m:: t::!::.::;;::rt-tiHm: aetieR er deeisieR efthe =:s:::::r:ic ~~velepment :\d';i:a:::-(::me:i:tee-ffi The member has, er reasoRable expe::ts t: b".w.w..::; tke member's term of effice, a direet iBtereJt:.:: ilie oliteeme of the aetiz:: J.' .ieeisi:::, ;n:bss the effeet efthe aetie:: :r jeeisiaR aR the member's ~erests weald be Re greater thaa its effeet aR other perseRs er property similarly situated; or The member sa: :: ffifeet J.' ir.j:r~et ieteres~ ir. ::'-::" sale, lease, er eeFltraet that is the slibj:st 3fthe actieR er decision, except as e:xpressly ;ermitted l:H'I:der state lo...:s geyeming moci::iJ'::l ::ORtracts. If a centliet mvol'/es the presidiRg offiee~ ~ ::dditioR to refraiRiRg fra:r: ;afti.eipat:c:: :.:: :he aetioR or decisi::: as rra>t'ided- in this sectieR, the pres:a=g-e-~x: :BalkHs~uav..:y himlherselffrem the dm:ies ofpresidiRg offieer and sball pass the gavel to the Vice Chair or t: a.~' member '.vha ~:lS ::a emrl1ie~. ~l:e presidiFlg officer may resume th:: x.a:: a::::a-tb:: bs~a-has- beeR dispatched. ARTICLE S. CODE OF CONDUCT See~b:: ;\.. Cede of CORdliet Cemmittee members ,,:ill adhere to the following: Committee member's a;:.::ian-peFt:i-Bh'6 ta a functieR, organizatioR er specifi:: ::;;EaatieB-3: bsue-sl:::ll ::ot be giyen t: L* JRl:x:: :: ::1edia ooless there :k a ::bar qaalifi:::1.i::: t~at the OpiniOR i: tat ::the member ana ::-.ct the offieial ~y:.::i~:: 9f.t:he.. C~7~-:1ittee er the City. If a C:l!'_'nittee, he/she :;a&~I jo so only after receiving the efficial directieR from the C&:Th.-:littee. The eena::st af(;::m:-i.:tee mealber: :~::ll reflect positivel:,' ayOP. :he Comm.ittee, indiyi=u::~ memb::r ::::~ Cemmittee membe:: :l:::l~-aveia :::~. ::::~,d a: apparent imprepriety. R:\Council\2008 Agenda Reports\10 06 08\Prior Lake ED Advisory Committee ByLaws REVISED-October 08.docJ:Ual'le'.Re6earsr.\E~'law6'.E[).^,C'.Prior Lake !i!:' .^.G'Iisory Co~~~~ae ByLaw:: RE:'.%;E!:' 'Jctober 08.ggc 8