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CITY COUNCIL AGENDA REPORT
MEETING DATE: September 23, 2013
AGENDA #: 5J
PREPARED BY: Casey McCabe, Community Development Specialist
AGENDA ITEM: CONSIDER APPROVAL OF RESOLUTION APPROVING AMENDMENTS TO
THE BYLAWS OF THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE.
DISCUSSION: Introduction
The purpose of this agenda item is to request City Council approval of the proposed
amendments to fhe Economic Development Advisory Committee (EDAC) Bylaws
as recommended by the EDAC and EDA.
History
As stated in the EDAC Bylaws, the Bylaws shall be reviewed annually by the Eco-
nomic Development Advisory Committee, and any changes or amendments agreed
to by a majority vote of the Committee shall be recommended to the City Economic
Development Authority and ultimately to the City Council for final approval.
Conclusion
The EDAC reviewed the proposed bylaw amendments on June 27, 2013 and unan-
imously recommended approval of the attached amendments. Below is a brief de-
scription of the "key" proposed amendments.
➢ Section 202 — DUTIES OF THE COMMITTEE: The duties and responsibilities
of the Committee include:
1. Serve as a liaison between city government and the community throuqh in-
teraction with business leaders and community residents.
This amendment was proposed to clarify committee members have responsi-
bilities outside of the regular monthly meetings.
4. ,
��
The EDAC proposed the removal oi Conduct Public Hearings from the duties
of the committee because the EDAC does not anticipate conducting any Public
Hearings.
➢ Section 203 — APPOINTMENT: The EDAC proposed to limit the number of
committee members to no more than 13 and eliminated references to the Eco-
nomic Development Authority Liaison and City Manager or designee to clarify
that "committee members" shall only include those voting members appointed
by the EDA.
The EDAC currently has ten committee members.
➢ Section 204 — LIAISONS: Language was added which allows the Economic
Development Authority, the Prior Lake Area Chamber of Commerce and other
orqanizations deemed appropriate bv the EDA and EDAC, to appoint Liaisons
to serve on the Committee.
It is the policy of the Prior Lake City Council to impose a three term service
limitation for all appointed positions on the committee. The Executive Director
of the Prior Lake Chamber, Sandi Fleck, has served on the EDAC since 2006
and her term will be concluding on October 31, 2013. EDAC members felt it
would be very valuable to maintain their relationship with the Prior Lake Cham-
ber in future years as well as leaving open the opportunity to invite the SMSC
and other community organizations to appoint a liaison if they, the EDA and
EDAC deem it appropriate. Like the EDA liaison, the role of a Chamber or other
organization Liaison would be to act as a conduit and resource for information
for the Committee and will nof be a voting member.
➢ Section 206 — OFFICERS: The term of the Chair of the Committee was
amended from a two year term to a one year term to match other City committee
bylaws.
➢ Section 406 — MINUTE PREPERATION: Minute Preparation was amended
and clarified per the recommendation of the City Attorney.
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1/1\A/IAI�`_ IIAAAIAICG This section was removed as the EDAC does not antici-
pate conducing Public Hearings.
The proposed bylaw revisions were reviewed by the EDA during their regular meet-
ing on August 19, 2013. The EDA recommended approval of the EDAC's proposed
revisions.
ISSUES: The proposed amendments to the EDAC bylaws were reviewed by the City Attorney
and recommended by the EDAC and EDA. In the future, per the amended Bylaws,
EDAC amendments will be approved by the EDA only.
FINANCIAL None.
IMPACT:
ALTERNTIVES: 1. Motion and second to approve the EDAC Bylaws revisions as proposed or with
further amendments.
2. Take no action and provide direction to staff.
RECOMENDED Alternative 1.
MOTION:
ATTACHMENT: 1. City of Prior Lake EDAC Bylaws (Proposed Amendments)
2. City of Prior Lake EDAC Bylaws (Proposed Amendments Accepted)
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4646 Dakota Street SE
'�INx�so'��' Prior Lake, MN 55372
RESOLUTION 13-xxx
RESOLUTION APPROVING AN AMENDMENT TO THE BYLAWS OF THE
CITY OF PRIOR LAKE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
Motion By: Second By:
WHEREAS, The City of Prior Lake Economic Development Advisory Committee (EDAC) is
recommending amendments to its Bylaws; and
WHEREAS, The City of Prior Lake Economic Development Authority (EDA) has reviewed the proposed
amendments to the EDAC Bylaws and has recommended the City Council approve the
proposed amendments; and
WHEREAS, The proposed amendments to the EDAC Bylaws have been reviewed by the City Attorney
and appear appropriate; and
WHEREAS, The City Council reviewed and recommended approval of the proposed amendments to
the EDAC Bylaws on September 23, 2013.
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 Bylaws of the City of Prior Lake Economic Development Advisory Committee are hereby amended
as proposed in the Staff Report submitted for City Council consideration on September 23, 2013.
PASSED AND ADOPTED THIS 23R� DAY OF SEPTEMBER, 2013.
YES NO
Hedber Hedber
Keene Keene
McGuire McGuire
Morton Morton
Souku Souku
Frank Boyles, City Manager
CITY OF PRIOR LAKE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE BYLAWS
Amendment Approval
EDA City Council
July 11, 2011 July 18, 2011
April 9, 2012 April 16, 2012
Auqust 19, 2013 September 23. 2013
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 Economic Development Authority � for final
approval.
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 Economic Development Authority and City staff
on economic development matters as assigned.
Members to the Economic Development Advisory Committee shall be appointed by the
Economic Development Authority. Members shall serve three (3) year-terms beginning
November 1St and ending October 31S'
The members of the Economic Development Advisory Committee shall annually elect officers
� in accordance with the procedures of paragraph 206� herein.
202. DUTIES OF THE COMMITTEE: The duties and responsibilities of the Committee include:
I 1. Serve as a liaison between city government and the community throuqh
interaction with business leaders and community residents.
2. As requested, review and comment on economic development and
redevelopment policies to the Economic Development Authority or City staff.
3. Make recommendations to the Economic Development Authority or City staff
regarding economic development issues, strategy development and
implementation and other initiatives that can be undertaken by the Economic
Development Authority to expand and strengthen business retention &
expansion.
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�-4. In conjunction with Economic Development Authority members or staff,
introduce potential or new business representatives to others in the community.
203. APPOINTMENT: The Committee shall consist of a-�e�e# more than thirteen (13)
members �c m�v ho �o#orminorl -,.,,� appointed by the Economic Development Authority�+ie
r^� �•��. Said members shall consist of ,
, residents and- non-residents affiliated with a
business located within the City of Prior Lake as may be determined by the Economic
Development Authority. No more than 40% of the Committee shall be non-residents.
Committee members shall serve for a term of three (3) years commencing on November 1 and
concluding on October 31. Committee members may be appointed at any time throughout the
year. If a Committee member is appointed at any time other than October, the Committee
member shall begin service immediately upon appointment and shall serve as if appointed in
the previous October, serving two full years and a partial year.
204: LIASIONS: The Economic Development Authoritv, -a��the Prior Lake Area Chamber of
Commerce and other orqanizations deemed appropriate by the EDA and EDAC, mav appoint
Liaisons to serve on the Committee. The role of a Liaison is to act as a conduit and resource
for information for the Committee. The Liaison shall not participate in the discussion or
deliberation of any matter pendinq before the Committee, except where the Committee is
meetinq in a studv or work session. The Committee. at its discretion, mav ask the Liaison for
input on the subject under consideration. The Liaison shall never use this occasion as an
opportunitv to communicate their personal position reqarding the matter under consideration.
29��A4. VACANCIES: 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 Economic Development Authority may appoint a replacement in the following
manner:
1 A notice of the vacancy is made public and individuals may be encouraged to
consider the position. The notice shall state the deadline for submitting
applications.
2 The City Manager or his designee, the Economic Development Authority liason and
one member of the committee appointed by majority vote of the committee shall
serve as the Screening Committee. An individual subject to re-appointment may
not sit on the screening committee.
3 The Screening Committee shall interview all candidates who have applied for
appointment or reappointment and make a recommendation to the Economic
Development Authority. The recommendation of the Screening Committee will be
presented to the Economic Development Authority. The Economic Development
Authority may accept or reject the recommendation. If the recommendation is
rejected, the Economic Development Authority may appoint another individual or
reopen the application period and invite new candidates to apply.
I 206
�. 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.
Chair: The Chair of the Committee shall be appointed in November from among the
Committee's membership for a one (1) year term by majority vote of the Economic
Development Advisory Committee present during the vote. The duties of the Chair
include:
1. Review and approve meeting agendas.
2. Preside at meetings.
3. Participate with the Economic Development Authority in the selection of Committee
members.
4. Represent the Committee as appropriate.
2
Vice-Chair: The Vice-Chair shall be appointed in the same manner as the Chair 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.
Vacancv: If the office of Chair or Vice-Chair becomes vacant, the Economic
Development Advisory Committee shall appoint a replacement by majority vote of
those members present at the next regular meeting, and such election shall be for the
unexpired term of said office.
� 207&. TERM LIMIT: It is the policy of the Prior Lake City Council to impose a three term service
limitation for all appointed positions on the Committee. The term limit applies only to full three
year terms. 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.
� 20�8: REMOVAL OF MEMBER: Any member of the Economic Development Advisory Committee
may be removed from office forjust cause by a four-fifths (4/5) vote of the entire Economic
Development Authority. Just cause includes but is not limited to nonattendance at Economic
Development Advisory Committee meetings, lack of participation, or lack of residence or
connection to a business in Prior Lake.
SECTtON 300
STATEMENT OF ETHICS
301: POLICY STATEMENT: The City of Prior Lake recognizes our system of democratic
representative government is dependent in large measure, upon people having trust and
confidence in their public officials. The public rightfully expects governmental officials will
conduct City of Prior Lake business in ways which benefit the public good generally and that
public office will not be used chiefly or improperly to advance personal interests. The City
Council of Prior Lake has pledged the goals of fair, efficient and honest government will be
fostered and that it will strive for integrity and objectivity from all of its officials.
1 The City of Prior Lake finds that the proper operation of democratic representative
government requires that:
• Elected and appointed officials be independent, impartial and responsible to the
people;
• Governmental decisions and policy are made in the proper channels of the
governmental structure;
• Public office and position not be used for personal gain; and
• The public have confidence in the integrity of its government.
2 The City of Prior Lake shall adhere to the highest ethical standards that enhance the
public trust in local government by:
• Creating transparency in its actions through honest and open communication;
• Basing decisions and adopting public policies based on what is in the best interest
of the public and the overall community;
• Supporting the public's right to know the public's business; and
• Exercising fairness, optimism, responsiveness and respect in communicating with
the public.
3
• Providing a forum and periodic training for public officials and employees to discuss
organizational values that reflect high standards and current conditions and
concerns.
3 This Statement of Ethics shall be liberally construed in favor of protecting the public's
interest in full disclosure of conflicts of interest and promoting ethical standards of
conduct.
302: 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.
303: 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.
304: USE OF EQUIPMENT AND FACILITIES: No public official shall request or permit the
unauthorized use of City-owned vehicles, equipment, materials, property, labor or services for
� personal convenience or profit.
305: CONFLICT OF INTEREST: Except as authorized in Minn. Stat. 471.88, a public officer who is
authorized to take part in any manner in making any sale, lease, or contract in official capacity
shall not voluntarily have a personal financial interest in that sale, lease, or contract or
� personally benefit financially therefrom. (Minn. Stat. Section 471.87)
306 A public official or local official elected to or appointed by a metropolitan governmental unit
who in the discharge of official duties would be required to take an action or make a decision
that would substantially affect the official's financial interests or those of an associated
business, unless the effect on the official is no greater than on other members of the official's
business classification, profession or occupation, must take the following actions:
1 Advise the City Attorney of the potential conflict of interest as soon as possible,
preferably before the meeting; and
2 The City Attorney shall determine whether a disqualifying conflict of interest exists.
3 Any official shall orally inform the Economic Development Advisory Authority of the
potential conflict and abstain from any participation in that agenda item if a conflict is
� determined to exist.
307: The purpose behind the creation of a rule, which would disqualify public officials from
participating in proceedings in a decision-making capacity when they have a direct conflict of
interest in its outcome, is to ensure that their decision will not be an arbitrary reflection of their
own selfish interests. There is no settled general rule as to whether such an interest will
disqualify an official. Each case must be decided on the basis of the particular facts present.
Among the relevant factors that should be considered in making this determination are: (1)
nature of the decision being made; (2) the nature of the pecuniary interest; (3) the number of
officials making the decision who are interested; (4) the need, if any, to have interested
persons make the decision; and (5) the other means available, if any, such as the opportunity
for review, that serve to ensure that the officials will not act arbitrarily to further their selfish
interests.
I
SECTION 400:
CONDUCTING MEETINGS
4
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 on a minimum of a
quarterly basis during each calendar year at Prior Lake City Hall, 4646 Dakota Street SE, Prior
Lake, Minnesota. Regular meetings may be rescheduled, canceled or changed depending
upon unique circumstances and subject to the approval and consent of either the Chair or
Vice-Chair.
402: NOTIFICATION: A schedule of all regular meetings shall be kept on file at the City Clerk's
Office. Notice of all meetings shall be provided as required by the Minnesota Open Meeting
Law.
1. Unless extenuating circumstances exist, a copy of the notice, agenda and
accompanying materials shall be received by the Committee, Economic
Development Authority, staff and others designated by the City Council, no later
than three (3) business days prior to the next scheduled meeting and no later than
two (2) days prior to a special meeting.
2. Notice of any Public Hearing must be published as required by statute.
403: SPECIAL MEETINGS: Special Meetings of the Committee may be called by the Chair or any
two (2) members of the Committee for the purpose of transacting any business designated in
the notice. Staff may recommend calling a special meeting, but must receive approval from
either the chair or two members of the Committee. Notice of a special meeting shall be
provided as required by the Minnesota Open Meeting Law. At such meetings, no business
shall be considered other than as designated in the notice.
404: QUORUM FOR REGULAR AND SPECIAL MEETINGS: A majority of all appointed
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: AGENDA AND MEETING FORMAT: Business of the meeting will be conducted according to the Agenda
prepared by City Staff. A memo, report, or brief explanation of each agenda item shall be included in the
Committee agenda packet. The information provided by staff should serve to inform the Committee 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
I � ii r��ii
�2. Approval of Minutes
� 4. Hea��,,,;���
�3. Old Business
6-:4. New Business
�5. Announcements / Correspondence
�-:`6. Adjournment
406: MINUTE PREPARATION. The Communitv and Economic Development
Director is responsible for the preparation of the minutes of the meeting. T"° ,,,°°+;^^
. The written minutes
of the meeting as approved by the Committee are the official record of the meeting. ��a�ie
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5
"' " :In the minutes, all motions shall be typed in capital
letters.
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The official minutes shall be prepared and presented to the Committee at the next regularly
scheduled meeting as part of the agenda packet. The text of the minutes shall consist of
official Committee business conducted while the Committee 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 Committee shall review the
minutes and the presiding officer shall call for any additions or corrections. If an addition or
correction is presented, the change must be specific as to place, paragraph, and sentence, if
applicable. The official minutes shall be corrected to reflect the change.
Approval of the minutes requires a motion, second and a majority vote of the members present
at the meeting unless otherwise provided by these bylaws, State Statute or City Code.
Committee members who were not present at the meeting for which the minutes are being
approved shall abstain from voting on the action to approve the minutes.
( The Communitv and Economic Development Director is responsible for
the maintenance and filing of the minutes.
1. The approved minutes shall be retained as a permanent record of the Committee meeting.
2. The approved minutes of the past twelve months of Committee meetings shall be available
on the City Website.
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407: ROLES AT MEETING
1 All meetings of the Committee shall comply with the Minnesota Open Meeting law,
which requires meetings (with few exceptions) of all municipal bodies to be open to
the public. The City of Prior Lake encourages citizen attendance. Public attendance
at meetings of the Committee helps to develop a more enlightened, interested and
participatory citizenry.
2 Any Committee member may recognize a member of the public for the purpose of
asking question(s) relating to the matter under consideration by the Committee.
Members of the Committee 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 Committee 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 Committee meetings, Committee members may want to consider
contacting , the Community and Economic Development
Director, in sufficient time prior to the meeting, to advise the question they intend to
ask in order for the Communitv and Economic Development
Director to attempt to bring the additional information to the Committee meeting.
4 The Chair shall be the presiding officer at all meetings. If the Chair is absent, the
Vice-Chair shall preside at the meeting. If the Chair and the Vice-Chair are both
� absent, the _ Communitv and Economic Development
6
� Director shall call the meeting to order and preside until such time the Committee
elects among itself a member to preside at the meeting. The presiding officer, at all
times, shall be allowed to vote in the same manner as all other members of the
Committee.
5 The presiding officer has two unique powers: interpreting and applying the rules of
procedure; and recognizing speakers from the audience. That official shall have the
obligation to be impartial and objective in conducting the meeting.
6 The presiding officer shall recognize all speakers from the audience, except when a
member of the Committee has the floor and they expressly recognize a member of
the audience who desires to speak on the issue under consideration.
7 The presiding officer has the responsibility to facilitate discussion by the Committee.
This may occur in a variety of ways, including:
• Interpret and apply rules of procedure
• Decide whether motions are properly made.
• Decide whether motions are in order.
• Decide whether questions of special privilege ought to be granted.
• Decide when to recognize speakers.
• Call for motions or recommend motions.
• Expel disorderly persons from the meeting.
• Enforce speaking procedures.
8 The presiding officer is responsible for maintaining order at the meetings. Although
meetings must be open to the public, no person who is noisy or unruly has a right to
� remain +r�at the meetinq. When individuals abuse their rights to be
present, the presiding officer, subject to overrule by the Committee, can order their
removal from the room.
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4�9�-VOTING: All members of the Committee, '
4� �+hnri+v linic�nr� nn�l 4he (�i4v flA.�r�.�r�er �r hie�/her rleninr+ee have equal voting authority.
The Communitv and Economic Development Director and Liaisons have no voting
authoritv.
SECTION 500
MOTIONS AND RESOLUTIONS
�
501: The Committee may take formal action in one of two methods - motions or resolutions. All
motions in any form require a second unless otherwise stated below. All votes of the Committee
in any of the two methods require a majority vote for approval unless otherwise specified below
or prescribed by statute or City code.
502: MOTIONS: A motion is a matter of parliamentary procedure. Motions are a formal method of
bringing business before the Committee 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 Committee 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
I acts, such as approving the monthly department reports or directing #�ie
Citv 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 Committee 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
� Communitv and Economic Development Director will
maintain a record of all resolutions and will be responsible for the proper numbering and
execution of each resolution adopted by the Committee.
SECTION 600
SCOPE OF POWERS AND DUTIES
601: POWERS AND DUTIES: The Committee shall act in an advisory capacity to the Prior Lake
Economic Development Authority and shall advise on Economic Development matters
� identified in Section 100 and Section 200 or as assigned to the Committee by the Economic
Development Authority. The Committee Chair shall give an accounting of the Committee's
activities with respect to its purposes, goals and objectives to the Economic Development
Authority on a regular basis. Additionally, specific powers, duties and responsibilities may be
assigned to the Committee upon approval of the Economic Development Authority.
602: SUBCOMMITTEES: The Committee may divide its membership into Subcommittees as it
deems necessary to implement its goals and objectives.
SECTION 700
AMENDMENTS
9
701: AMENDMENTS: These bylaws shall be reviewed by the Committee annually. The Committee
may recommend revised bylaws to the Economic Development Authority � for
final approval.
to
CITY OF PRIOR LAKE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE BYLAWS
Amendment Approval
EDA City Council
July 11, 2011 July 18, 2011
April 9, 2012 April 16, 2012
August 19, 2013 September 23, 2013
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 Economic Development Authority for final approval.
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 Economic Development Authority and City staff
on economic development matters as assigned.
Members to the Economic Development Advisory Committee shall be appointed by the
Economic Development Authority. 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 206 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 through
interaction with business leaders and community residents.
2. As requested, review and comment on economic development and
redevelopment policies to the Economic Development Authority or City staff.
3. Make recommendations to the Economic Development Authority or City staff
regarding economic development issues, strategy development and
implementation and other initiatives that can be undertaken by the Economic
Development Authority to expand and strengthen business retention &
expansion.
4. In conjunction with Economic Development Authority members or staff,
introduce potential or new business representatives to others in the community.
203. APPOINTMENT: The Committee shall consist of no more than thirteen (13) members
appointed by the Economic Development Authority. Said members shall consist of residents
and non-residents affiliated with a business located within the City of Prior Lake as may be
determined by the Economic Development Authority. No more than 40% of the Committee
shall be non-residents. Committee members shall serve for a term of three (3) years
commencing on November 1 and concluding on October 31. Committee members may be
appointed at any time throughout the year. If a Committee member is appointed at any time
other than October, the Committee member shall begin service immediately upon appointment
and shall serve as if appointed in the previous October, serving two full years and a partial
year.
204: LIASIONS: The Economic Development Authority, the Prior Lake Area Chamber of
Commerce and other organizations deemed appropriate by the EDA and EDAC, may appoint
Liaisons to serve on the Committee. The role of a Liaison is to act as a conduit and resource
for information for the Committee. The Liaison shall not participate in the discussion or
deliberation of any matter pending before the Committee, except where the Committee is
meeting in a study or work session. The Committee, at its discretion, may ask the Liaison for
input on the subject under consideration. The Liaison shall never use this occasion as an
opportunity to communicate their personal position regarding the matter under consideration.
205. VACANCIES: 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
Economic Development Authority may appoint a replacement in the following manner:
1 A notice of the vacancy is made public and individuals may be encouraged to
consider the position. The notice shall state the deadline for submitting
applications.
2 The City Manager or his designee, the Economic Development Authority liaison
and one member of the committee appointed by majority vote of the committee
shall serve as the Screening Committee. An individual subject to re-appointment
may not sit on the screening committee.
3 The Screening Committee shall interview all candidates who have applied for
appointment or reappointment and make a recommendation to the Economic
Development Authority. The recommendation of the Screening Committee will be
presented to the Economic Development Authority. The Economic Development
Authority may accept or reject the recommendation. If the recommendation is
rejected, the Economic Development Authority may appoint another individual or
reopen the application period and invite new candidates to apply.
206. 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.
Chair: The Chair of the Committee shall be appointed in November from among the
Committee's membership for a one (1) year term by majority vote of the Economic
Development Advisory Committee present during the vote. The duties of the Chair
include:
1. Review and approve meeting agendas.
2. Preside at meetings.
3. Participate with the Economic Development Authority in the selection of Committee
members.
4. Represent the Committee as appropriate.
Vice-Chair: The Vice-Chair shall be appointed in the same manner as the Chair 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.
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Vacancv: If the office of Chair or Vice-Chair becomes vacant, the Economic
Development Advisory Committee shall appoint a replacement by majority vote of
those members present at the next regular meeting, and such election shall be for the
unexpired term of said office.
207. TERM LIMIT: It is the policy of the Prior Lake City Council to impose a three term service
limitation for all appointed positions on the Committee. The term limit applies only to full three
year terms. 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.
208: REMOVAL OF MEMBER: Any member of the Economic Development Advisory Committee
may be removed from office forjust cause by a four-fifths (4/5) vote of the entire Economic
Development Authority. Just cause includes but is not limited to nonattendance at Economic
Development Advisory Committee meetings, lack of participation, or lack of residence or
connection to a business in Prior Lake.
SECTION 300
STATEMENT OF ETHICS
301: POLICY STATEMENT: The City of Prior Lake recognizes our system of democratic
representative government is dependent in large measure, upon people having trust and
confidence in their public officials. The public rightfully expects governmental officials will
conduct City of Prior Lake business in ways which benefit the public good generally and that
public office will not be used chiefly or improperly to advance personal interests. The City
Council of Prior Lake has pledged the goals of fair, efficient and honest government will be
fostered and that it will strive for integrity and objectivity from all of its officials.
1 The City of Prior Lake finds that the proper operation of democratic representative
government requires that:
• Elected and appointed officials be independent, impartial and responsible to the
people;
� Governmental decisions and policy are made in the proper channels of the
governmental structure;
• Public office and position not be used for personal gain; and
• The public have confidence in the integrity of its government.
2 The City of Prior Lake shall adhere to the highest ethical standards that enhance the
public trust in local government by:
• Creating transparency in its actions through honest and open communication;
• Basing decisions and adopting public policies based on what is in the best interest
of the public and the overall community;
• Supporting the public's right to know the public's business; and
• Exercising fairness, optimism, responsiveness and respect in communicating with
the public.
• Providing a forum and periodic training for public officials and employees to discuss
organizational values that reflect high standards and current conditions and
concerns.
3 This Statement of Ethics shall be liberally construed in favor of protecting the public's
interest in full disclosure of conflicts of interest and promoting ethical standards of
conduct.
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302: 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.
303: 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.
304: USE OF EQUIPMENT AND FACILITIES: No public official shall request or permit the
unauthorized use of City-owned vehicles, equipment, materials, property, labor or services for
personal convenience or profit.
305: CONFLICT OF INTEREST: Except as authorized in Minn. Stat. 471.88, a public officer who is
authorized to take part in any manner in making any sale, lease, or contract in official capacity
shall not voluntarily have a personal financial interest in that sale, lease, or contract or
personally benefit financially therefrom. (Minn. Stat. Section 471.87)
306 A public official or local official elected to or appointed by a metropolitan governmental unit
who in the discharge of official duties would be required to take an action or make a decision
that would substantially affect the official's financial interests or those of an associated
business, unless the effect on the official is no greater than on other members of the official's
business classification, profession or occupation, must take the following actions:
1 Advise the City Attorney of the potential conflict of interest as soon as possible,
preferably before the meeting; and
2 The City Attorney shall determine whether a disqualifying conflict of interest exists.
3 Any official shall orally inform the Economic Development Advisory Authority of the
potential conflict and abstain from any participation in that agenda item if a conflict is
determined to exist.
307: The purpose behind the creation of a rule, which would disqualify public officials from
participating in proceedings in a decision-making capacity when they have a direct conflict of
interest in its outcome, is to ensure that their decision will not be an arbitrary reflection of their
own selfish interests. There is no settled general rule as to whether such an interest will
disqualify an official. Each case must be decided on the basis of the particular facts present.
Among the relevant factors that should be considered in making this determination are: (1)
nature of the decision being made; (2) the nature of the pecuniary interest; (3) the number of
officials making the decision who are interested; (4) the need, if any, to have interested
persons make the decision; and (5) the other means available, if any, such as the opportunity
for review, that serve to ensure that the officials will not act arbitrarily to further their selfish
interests.
SECTION 400:
CONDUCTING MEETINGS
401: REGULAR MEETINGS: In conformance with the Minnesota Open Meeting Law all meetings
of the Committee are open to the public. Regular meetings shall be held on a minimum of a
quarterly basis during each calendar year at Prior Lake City Hall, 4646 Dakota Street SE, Prior
Lake, Minnesota. Regular meetings may be rescheduled, canceled or changed depending
upon unique circumstances and subject to the approval and consent of either the Chair or
Vice-Chair.
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402: NOTIFICATION: A schedule of all regular meetings shall be kept on file at the City Clerk's
Office. Notice of all meetings shall be provided as required by the Minnesota Open Meeting
Law.
1. Unless extenuating circumstances exist, a copy of the notice, agenda and
accompanying materials shall be received by the Committee, Economic
Development Authority, staff and others designated by the City Council, no later
than three (3) business days prior to the next scheduled meeting and no later than
two (2) days prior to a special meeting.
2. Notice of any Public Hearing must be published as required by statute.
403: SPECIAL MEETINGS: Special Meetings of the Committee may be called by the Chair or any
two (2) members of the Committee for the purpose of transacting any business designated in
the notice. Staff may recommend calling a special meeting, but must receive approval from
either the chair or two members of the Committee. Notice of a special meeting shall be
provided as required by the Minnesota Open Meeting Law. At such meetings, no business
shall be considered other than as designated in the notice.
404: QUORUM FOR REGULAR AND SPECIAL MEETINGS: A majority of all appointed
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: AGENDA AND MEETING FORMAT: Business of the meeting will be conducted according to the Agenda
prepared by City Staff. A memo, report, or brief explanation of each agenda item shall be included in the
Committee agenda packet. The information provided by staff should serve to inform the Committee 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. Approval of Minutes
3. Old Business
4. New Business
5. Announcements / Correspondence
6. Adjournment
406: MINUTE PREPARATION. The Community and Economic Development Director is
responsible for the preparation of the minutes of the meeting. The written minutes of the
meeting as approved by the Committee are the official record of the meeting. In the minutes,
all motions shall be typed in capital letters.
The official minutes shall be prepared and presented to the Committee at the next regularly
scheduled meeting as part of the agenda packet. The text of the minutes shall consist of .
official Committee business conducted while the Committee 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 Committee shall review the
minutes and the presiding officer shall call for any additions or corrections. If an addition or
correction is presented, the change must be specific as to place, paragraph, and sentence, if
applicable. The official minutes shall be corrected to reflect the change.
Approval of the minutes requires a motion, second and a majority vote of the members present
at the meeting unless otherwise provided by these bylaws, State Statute or City Code.
Committee members who were not present at the meeting for which the minutes are being
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approved shall abstain from voting on the action to approve the minutes.
The Community and Economic Development Director is responsible for the maintenance and
filing of the minutes.
1. The approved minutes shall be retained as a permanent record of the Committee meeting.
2. The approved minutes of the past twelve months of Committee meetings shall be available
on the City Website.
407: ROLES AT MEETING
1 All meetings of the Committee shall comply with the Minnesota Open Meeting law,
which requires meetings (with few exceptions) of all municipal bodies to be open to
the public. The City of Prior Lake encourages citizen attendance. Public attendance
at meetings of the Committee helps to develop a more enlightened, interested and
participatory citizenry.
2 Any Committee member may recognize a member of the public for the purpose of
asking question(s) relating to the matter under consideration by the Committee.
Members of the Committee 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 Committee 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 Committee meetings, Committee members may want to consider
contacting the Community and Economic Development Director, in sufficient time
prior to the meeting, to advise the question they intend to ask in order for the
Community and Economic Development Director to attempt to bring the additional
information to the Committee meeting.
4 The Chair shall be the presiding officer at all meetings. If the Chair is absent, the
Vice-Chair shall preside at the meeting. If the Chair and the Vice-Chair are both
absent, the Community and Economic Development Director shall call the meeting
to order and preside until such time the Committee elects among itself a member to
preside at the meeting. The presiding officer, at all times, shall be allowed to vote in
the same manner as all other members of the Committee.
5 The presiding officer has two unique powers: interpreting and applying the rules of
procedure; and recognizing speakers from the audience. That official shall have the
obligation to be impartial and objective in conducting the meeting.
6 The presiding officer shall recognize all speakers from the audience, except when a
member of the Committee has the floor and they expressly recognize a member of
the audience who desires to speak on the issue under consideration.
7 The presiding officer has the responsibility to facilitate discussion by the Committee.
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.
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8 The presiding officer is responsible for maintaining order at the meetings. Although
meetings must be open to the public, no person who is noisy or unruly has a right to
remain at the meeting. When individuals abuse their rights to be present, the
presiding officer, subject to overrule by the Committee, can order their removal from
the room.
408: VOTING: All members of the Committee have equal voting authority. The Community
and Economic Development Director and Liaisons have no voting authority.
SECTION 500
MOTIONS AND RESOLUTIONS
501: The Committee may take formal action in one of two methods - motions or resolutions. All
motions in any form require a second unless otherwise stated below. All votes of the Committee
in any of the two methods require a majority vote for approval unless otherwise specified below
or prescribed by statute or City code.
502: MOTIONS: A motion is a matter of parliamentary procedure. Motions are a formal method of
bringing business before the Committee 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 Committee 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 City 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 Committee 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 and
Economic Development Directorwill maintain a record of all resolutions and will be responsible
for the proper numbering and execution of each resolution adopted by the Committee.
SECTION 600
SCOPE OF POWERS AND DUTIES
601: POWERS AND DUTIES: The Committee shall act in an advisory capacity to the Prior Lake
Economic Development Authority and shall advise on Economic Development matters
identified in Section 100 and Section 200 or as assigned to the Committee by the Economic
Development Authority. The Committee Chair shall give an accounting of the Committee's
activities with respect to its purposes, goals and objectives to the Economic Development
Authority on a regular basis. Additionally, specific powers, duties and responsibilities may be
assigned to the Committee upon approval of the Economic Development Authority.
602: SUBCOMMITTEES: The Committee may divide its membership into Subcommittees as it
deems necessary to implement its goals and objectives.
SECTION 700
AMENDMENTS
701: AMENDMENTS: These bylaws shall be reviewed by the Committee annually. The Committee
may recommend revised bylaws to the Economic Development Authority for final approval.
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