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HomeMy WebLinkAbout5C Draft Bylaws Revisions for EDACS� CITY OF PRIOR LAKE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE BYLAWS Adopted May 9, 2011 EDA Amended M Amended NeyembeF 17, 2008 QGtebeF 19, 2009 Amended DesenbeF 7, 2NO Adopted June 6, 2011 SECTION 100 PURPOSE 101. The purpose of the City of Prior Lake Economic Development Advisory Committee By- laws is to provide a set of operating procedures for the Economic Development Advi- sory Committee, and to establish a code of ethics and conduct. 102: The Bylaws shall be reviewed annually by the Economic Development Advisory Com- mittee, and any changes or amendments agreed to by a majority vote of the Commit- tee shall be recommended to the City Economic Development Authority and ultimately to the City Council for final approval. adGpt at its annual meeting. The Gity GGURG raondUGtS is annual meeting as the fin eaGh yeaF. SECTION 200 STRUCTURE OF COMMITTEE 201. COMMITTEE CREATED: The City Council has established an Economic Develop- ment Advisory Committee. The Committee is advisory and its purpose is to study and provide reports, analysis and recommendations to the Economic Development Authority on economic development matters as assigned Members to the Economic Development Advisory Committee shall be appointed by the G+t SsUAGil Economic Development Authority Members shall serve three (3) year - terms beginning November 1 and ending October 31 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 in- clude: 1. Serve as a liaison between city government and the community; MAAdvisory Bodies and Committees\Econ Dev Advisory Committee \Bylaws May 2011 QRAFT.doqMAAdv;sery Bodies and 1 Drier Lake; r rrvr - 3. WeFk with e owners owners prespeGtive developers MAAdvisory Bodies and Committees\Econ Dev Advisory Committee \Bylaws May 2011 QRAFT.doqMAAdv;sery Bodies and 1 4. As requested, provide review and comment on economic development and redevelopment policies to the Gity GeunGil -and Economic Development Au- thority. 5-. Make recommendations to the Gity GeunGil and Economic Development Authority regarding economic development issues, strategy development and implementatien and implementation and other initiatives that can be undertaken by the City to expand and strengthen its , inGlusive but not limited tG business retention & expansion_, taFgeted business attraGtien 1 FeGFUitment, new b I entFenreneu Final development and redevelopment; and 203. APPOINTMENT: The Committee shall consist of a number of members as may be determined and appointed by the Prior Lake Economic Development Authority Gity Geuns+l 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 Gity GGURGil. 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 Advi- sory Committee shall appoint a replacement in accordance with Section 204. If the Of- fice 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 G+ty Geunsil Economic Development Authority 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 G+ty-Geunsil Economic Development Au- thority member who has been appointed as the liaison to the Economic Develop- ment Advisory Committee, or who has been appointed to serve on the work group, and the committee chair (unless the appointment is the committee chair appoint- ment or re- appointment, or in the case where no chair has been determined) shall interview all candidates and make a recommendation to the full GltySeunsil Eco- nomic Development Authority 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 Gaune+l Economic Development Authority and the Geuneil Economic Development Authori- ty may accept or reject the recommendation. If the recommendation is rejected, the City Go Economic Development Authority shall appoint another individual or decide to reopen the vacancy to the public for new candidates. M:\Advisory Bodies and Committees \Econ Dev Advisory Committee \Bylaws May 2011 DRAFT.do 2 205. OFFICERS: The Officers of the Prior Lake Economic Development Advisory Commit- tee shall be a Chair, Vice -Chair and a Secretary. The City Manager or his /her desig- nee shall serve as Secretary of the Committee. The selection of the Chair or Commit- tee 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 Devel- opment 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 per- form 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. 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 commis- sion. 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 Com- mittee may be removed from office for just cause by a four -fifths (4/5) vote of the entire City Gsunsil Development Authority Such member shall be entitled to a pub- lic 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 S+ty GGUneil Economic Development Authority SECTION 300 STATEMENT OF E THICS 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 offi- cials 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; M:\Advisory Bodies and Committees\Econ Dev Advisory Committee \Bylaws May 2011 DRAFT.do DAvAdyipoFy Gernmmttee�Bylaws Der. 2009 don 3 • Governmental decisions and policy be made in the proper channels of the go- vernmental 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 in- terest 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 stan- dards 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 in- directly 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 ser- vices for personal convenience or profit. 304: CONFLICT OF INTEREST: Except as authorized in Minn. Stat. 471.88, a public offic- er 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 mem- bers 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 participa- tion 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 MAdvisory Bodies and Committees \Econ Dev Advisory Committee \Bylaws May 2011 DRAFT.do 4 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 inter- ested; (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 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 holi- day, 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, S+ty Go-un-- il Economic Development Authority staff and others desig- nated by the City Council, no later than the Wednesday prior to the Monday meet- ing 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 des- ignated 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 qu- orum is in attendance, action may be taken by the Committee upon a vote of a majority of the Committee present. MAAdvisory Bodies and Committees \Econ Dev Advisory Committee \Bylaws May 2011 DRAFT.do 5 405: 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 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 des- ignated time The Economic Development Advisory Committee may delay the start of a hearing until the pending business is acted upon. However under no circums- tances 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 Eco- nomic 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. MAAdvisory Bodies and Committees\Econ Dev Advisory Committee \Bylaws May 2011 QRAFT.dopMAAdvisery Bodies And 6 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 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, in- terested 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 Depart- ment responsible for the agenda item will also prepare a brief summary of the audio or video presentation. The presentation and the summary will be pro- vided to the Economic Development Advisory Committee as part of the agen- da 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 pre- siding 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 con- tinued 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. M:\Advisory Bodies and Committees\Econ Dev Advisory Committee \Bylaws May 2011 DRAFT.do 7 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 mat- ter. 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 Gity GeunGil and - Economic Development Authority and shall advise bGth on Eco- nomic Development matters identified in Section 100 or as assigned to the committee by the 6+#y- COURsil -oF 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 G+ty GO�r�sil Development Authority 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 Economic Development Authority who will act upon them and submit to the City Council for final approval. MAAdvisory Bodies and Committees \Econ Dev Advisory Committee \Bylaws May 2011 DRAFT.do 8