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HomeMy WebLinkAbout5N - Bylaws for the EDAC MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: ISSUES: 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT DECEMBER 7,2009 5N JANE KANSIER, BUILDING AND TRANSPORTATION SERVICES DIRECTOR CONSIDER APPROVAL OF A RESOLUTION APPROVING AN AMENDMENT TO THE BYLAWS FOR THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE (EDAC) Introduction The purpose of this agenda report is to allow the City Council to consider an amendment to the bylaws for the Economic Development Advisory Committee (EDAC). The proposed amendment clarifies the intention to allow non-residents associated with a business in the City of Prior Lake as members of the EDAC. Historv, The EDAC has been actively seeking members over the last few months. Based on the applications received and discussions among the current members, the EDAC determined it would be appropriate to allow non-residents to serve, provided: 1. The member is associated with a business located in the City of Prior Lake; and 2. Non-residents comprise no more than 40% of the committee. Current Circumstances The EDAC has recommended changes to Sections 201 and 203 of the bylaws. In section 2, the statement requiring "only residents of the City who are at least 18 years old shall be considered for appointment" is deleted. Section 203 is amended to read as follows: 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 one City Council liaison, the City Manager or designee, and a number of residents or no more than 40% non-residents, but affiliated with a business located within the City of Prior Lake, as may be determined and appointed by the City Council. Committee members may serve based upon attendance and participation, continued residence or affiliation with a business in Prior Lake and in accordance with the term limit policy established by the City Council. The new language is in italicized text. The proposed amendment will allow non-residents to serve on the EDAC. The committee believes this amendment will bring broader representation and expertise to the EDAC, and recommends approval. www.cityofpriorlake.com Hho~952A47 .98QOiY: ,faJ<95.2....44:7 )4,245 The Council Bylaws and Compensation Subcommittee reviewed this proposed amendment bye-mail and have not indicated any objections. FINANCIAL IMPACT: There is no financial impact to the City as a result of these changes. ALTERNATIVES: 1. Adopt a resolution approving the amendment to the EDAC bylaws as written or with changes recommended by the City Council. 2. Defer this item and provide staff with further direction. RECOMMENDED A motion and second adopting a resolution approving the amendment to the MOTION: EDAC bylaws as written or with changes recommended by the City Council. ReVieWi};J t I Frank BOYleSDna 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 RESOLUTION 09-xxx A RESOLUTION AMENDING THE BYLAWS FOR THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE (EDAC) Motion By: Second By: WHEREAS, The City Council adopted bylaws to provide a set of operating procedures for the Economic Development Advisory Committee (EDAC); and WHEREAS, The Bylaws are updated on a regular basis to reflect changing conditions; and WHEREAS, The current amendment addresses non-resident participation on the EDAC; and WHEREAS, The current amendment will provide broader representation and expertise to the EDAC. 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 amendment to the Economic Development Advisory Committee (EDAC) bylaws. PASSED AND ADOPTED THIS 7TH DAY OF DECEMBER, 2009. YES NO Haugen Erickson Hedberg leMair Millar Haugen Erickson Hedberg leMair Millar Frank Boyles, City Manager W:VW. cityofpriorlake. c<;>rn Phone 952.447.9800 / Fax 952.447.4245 CITY OF PRIOR LAKE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE BYLAWS Adopted Amended May 1, 2006 Amended November 17,2008 Amended October 19, 2009 Amended December 7, 2009 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 an Economic Development Advisory Committee. The Committee is advisory and its purpose is to study and provide reports, analysis and recommendations to the Prior Lake City Council and Economic Development Authority on economic development matters assigned to the Committee by the City Councilor Economic Development Authority. Members to the Economic Development Advisory Committee shall be appointed by the City Council. Cr.-!Y-FesiG€nts of the City who or= e~ 1€3:t 1 9 years old €halll;:e- G0nsioered br a~~9ffitm~n~. Members shall serve three (3) year-terms beginning November 1st 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: 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 stakeholders on a variety of economic development and redevelopment activities; R:\Couneil\2009 Agenda Reports\12 07 09\EDAC Bylaws Dee 2009.doe 4. As requested, provide review and comment on economic development and redevelopment policies to the City Council and Economic Development Authority. 5. 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 identify funding sources for economic development and redevelopment. 203. APPOINTMENT: 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 one City Council liaison, the City Manager or designee, and a number of residents aA4lor business persons no more than 40% non-residents, but affiliated with a business located within the City of Prior Lake, as may be determined and appointed by the City Council,-at k:::€~ ~I=:e m::jority of whish ml::€t resiGe in Prisr !...E:ke. Committee members may serve based upon attendance and participation, continued residence or affiliation with a business 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 Section 204. 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 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 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. R:\Couneil\2009 Agenda Reports\12 07 09\EDAC Bylaws Dee 2009.doe 2 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 three term (or 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: REMOVAL OF MEMBER: Any member of the Economic Development Advisory Committee may be removed from office for just cause by a four-fifths (4/5) 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 Economic Development Advisory Committee meetings by action of the City Council. 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. 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. - R:\Council\2009 Agenda Reports\ 12 07 09\EDAC Bylaws Dee 2009.doc 3 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 of 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 R:\Couneil\2009 Agenda Reports\12 07 09\EDAC Bylaws Dee 2009.doc 4 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 Lawall meetings of the Committee are open to the public. Regular meetings shall be held quarterly 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. 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. 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 - R:\Couneil\2009 Agenda Reports\12 07 09\EDAC Bylaws Dee 2009.doc 5 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 announces the agenda item that is the subject of the public hearing. 2 It is the intent of the Economic Development Advisory Committee to open all public hearings at the time indicated in the public hearing notice, or as soon as possible thereafter. From a practical standpoint, not all hearings can be opened at their designated time The Economic Development Advisory Committee may delay the start of a hearing until the pending business is acted upon. However under no circumstances may a public hearing be opened prior to the time specified in the notice and published in the official newspaper. 3 Staff and/or a consultant make a presentation or report on the subject matter of the public hearing. 4 At the conclusion of any presentation or remarks by Staff and/or a consultant, the presiding officer asks the Economic Development Advisory Committee members if they have questions of the Staff or consultant. 5 The presiding officer requests a motion and second from a member of the Economic Development Advisory Committee to open the public hearing and calls for a vote. 6 The presiding officer declares the public hearing opened, announces the time and then proceeds to ask for citizen input, comments and questions. 6.1 Members of the public, interested parties or their authorized representatives may address the Economic Development Advisory Committee orally. If the speaker intends to present written or hard copy materials to support their presentation to the Economic Development Advisory Committee, they must provide the Staff, at the time of their presentation or before, copies of the original for distribution to Committee members, City Staff and the Recording Secretary. The materials will be included in the public record. If the speaker intends to present audio or video materials to support their presentation to the Economic Development Advisory Committee, such materials must be in an electronic format that is compatible with the City's existing equipment. An audio or video presentation may not introduce testimony from any person other than the author. The electronic materials must be submitted to the Staff by 12:00 noon of the day of the meeting. 6.2 If unable to attend the meeting, members of the public, interested parties or their authorized representatives may submit written comments and supporting materials. Nine (9) copies of the comments and materials must be submitted to the City Staff prior to the Economic Development Advisory Committee meeting. The comments and materials will be distributed to Committee members, City Staff, and the Recording Secretary. The written comments R:\Couneil\2009 Agenda Reports\12 07 09\EDAC Bylaws Dee 2009.doc 6 and materials will become part of the record, but will not be read aloud at the meeting 6.3 Recorded testimony if unable to attend a meeting. Members of the public, interested parties or their authorized representatives may submit testimony to the Economic Development Advisory Committee using a prerecorded audio or video communication. An audio or video communication must be in an electronic format that is compatible with the City's existing equipment. An audio or video presentation may not introduce testimony from any person other than the author. The author of the recorded testimony must provide nine (9) copies to the City Staff at least seven calendar days prior to the meeting in order to allow Staff an opportunity to view the presentation on the City's equipment to make certain there are no technical difficulties with the equipment. It is the responsibility of the individual using an audio or video format to consult with the City to determine compatibility. The City Department responsible for the agenda item will also prepare a brief summary of the audio or video presentation. The presentation and the summary will be provided to the Economic Development Advisory Committee as part of the agenda package. The presentation and the summary will become a part of the public record. Generally, agenda packages are distributed to members of the Economic Development Advisory Committee on the Wednesday preceding the meeting. 7 After all persons have been heard, the presiding officer will ask twice whether there are any other persons in attendance who want to be heard on the matter pending. If there is no other testimony, the presiding officer requests a motion. There are two possible motions, seconds and votes: . A motion and second to close the public hearing. Once the vote is taken, the public hearing is closed. The presiding officer announces, for the record, the time the public hearing is closed: or . A motion and second to continue the public hearing to a date certain. The presiding officer, in consultation with the City Staff and Committee members, 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 specified date. No public hearing may be continued more than once without re-notice, publishing the time, date, location and subject of the public hearing. 8 The Economic Development Advisory Committee addresses the subject matter through deliberation. The Economic Development Advisory Committee may ask questions of the Staff. If the public hearing has been closed Committee members should refrain from calling upon a member of the public except for the sole purpose of asking a question that can be answered by a "yes" or "no" response. The presiding officer will call upon each member of the Economic Development Advisory Committee for their comments and reaction to information received from the Staff presentation or public hearing comments. 9 If the public hearing has been closed, rather than continued until a date certain, the Economic Development Advisory Committee may take action on the subject R:\Couneil\2009 Agenda Reports\12 07 09\EDAC Bylaws Dee 2009.doc 7 matter. 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 Economic Development Authority and shall advise both on Economic Development matters identified in Section 100 or as assigned to the committee by the City Councilor Economic Development Authority. 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. 8 R:\Couneil\2009 Agenda Reports\12 07 09\EDAC Bylaws Dee 2009.doe