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9B-Bylaws Revisions
o� FRI() r~ U 4646 Dakota Street SE Prior Lake, MN 55372 NV-N Sd�V. CITY COUNCIL AGENDA REPORT MEETING DATE: JANUARY 12, 2015 AGENDA#: 9B PREPARED BY: FRANK BOYLES, CITY MANAGER PRESENTED BY: FRANK BOYLES AGENDA ITEM: CONSIDER APROVAL OF A RESOLUTION AMENDING CITY COUNCIL, ECONOMIC DEVELOPMENT AUTHORITY, PLANNING COMMISSION AND ADVISORY COMMITTEE BYLAWS AS RECOMMENDED BY THE BYLAWS AND COMPENSATION COMMITTEE DISCUSSION: Introduction Councilors Keeney and Soukup, as the Bylaws and Compensation Commit- tee, together with Sarah Schwarzhoff from the City Attorney's office and City Manager have reviewed the bylaws as is the Committee's role from year to year. This agenda item seeks City Council approval of the proposed revi- sions. History The City Council established the Bylaws and Compensation Committee to periodically recommend revisions in City Council compensation and various City bylaws. In accordance with their mission, the Committee reviewed the City Council, Economic Development Authority, Planning Commission, and advisory com- mittees' bylaws to address various questions raised in 2014. Below is a sum- mary of the major revisions. The bylaws for the various committees are at- tached for City Council review. Current Circumstances 1. Community Safety, Communications and Technology, Lakes Advi- sory, Parks Advisory, and Traffic Safety Advisory Committees Identical changes were made to each of these bylaws. Section 205 which addresses Vacancies was revised to reflect the City's practice of using a candidate interview panel composed of the Council liaison, staff liaison, committee representative and the City Manager. Section 206 is revised to reflect an annual appointment of committee chairs rather than the three year appointment originally contained in the by- laws. Section 208 Removal of Member adds the City Council's four performance criteria for advisory committee members in addition to residency and age. Section 407 was revised to adjust the public hear- ing procedure. This revision was made in identical fashion to all by- laws. Phone 952.447.9800 / Fax 952.447.4245/www.cityofpriorlake.com 2. Planning Commission, Economic Development Authority The format of each of these bylaws was made consistent with the City Council bylaws in addition to reflecting the changes enumerated above. The reformatting process for all bylaws began last year, this completes this effort so that the bylaws are easier to administer and to compare to one another. 3. City Council Bylaws The City Council bylaws were revised with respect to work sessions at Section 206. Language has been added to confirm that the City Council meeting agenda sheet shall show the topics to be discussed at the work session which has been our practice. They also confirm that the work sessions are not televised nor are minutes taken. The bylaws do affirm however that while public input will not normally be received at work sessions, it can be specifically scheduled or re- quested by the City Council at the meeting. Section 402 has also been revised to clarify the meaning of Sched- uled public hearing. A public hearing or public information meeting is considered scheduled once, "The public notice of the meeting is pub- lished in the official newspaper". Once that occurs the appropriate place for public comment is at the public hearing or information meet- ing and not the forum. Section 901 was revised relating to public hearing procedure. This revision was made to all of the bylaws.in identical fashion. Minor wording changes were made at Section 1003 as well. Conclusion The proposed revisions to the bylaws have now been shared with members of the Bylaws and Compensation Committee. Considering time constraints, they have not yet had an opportunity to comment. If I receive e-mail com- ments, we will place them in your Dropbox. In lieu of that, Councilor Keeney may have comments or a report to offer at the city council meeting. ISSUES: The committee encourages the City Council to read the attached bylaws for a complete understanding of the changes made since the above description is a summary of the more significant changes.The revisions are intended to make the bylaws more consistent with one another and reflective of the way the City Council would like the committees to operate. Another topic that the Bylaws and Compensation Committee did not have a chance to discuss was the extent to which our advisory committees should conduct their meetings on cable television. The City Council and Planning Commission presently conduct their meetings on TV. The Lakes and Parks Advisory Committees also televise their regular meetings. Communications and Technology, Community Safety, Traffic Safety, Economic Development Authority and Economic Development Advisory Committee are not televised. If all meetings were televised, some additional annual costs would be in- curred. If the council desires to increase the number of committees which are televised, the staff could work on a gradual plan to accomplish this rather than try to make the change all at one time. 2 FINANCIAL None with the exception of televising more advisory committee meetings. IMPACT: ALTERNATIVES: The City Council has the following alternatives: 1. Adopt all bylaws revisions by adopting the approving resolution and provide direction with respect to televising meetings on cable TV. 2. Adopt modified bylaw revisions by amending the approving resolution and providing direction with respect to cable TV. 3. Take no action and provide staff direction. RECOMMENDED Alternative #1. MOTION: 3 (b� PR12 tri 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 15-xxx A RESOLUTION AMENDING CITY COUNCIL, ECONOMIC DEVELOPMENT AUTHORITY, PLANNING COMMISSION AND ADVISORY COMMITTEE BYLAWS AS RECOMMENDED BY THE BYLAWS AND COMPENSATION COMMITTEE Motion By: Second By: WHEREAS, The City Council adopts bylaws to provide a set of operating procedures for the City Council and advisory committees; and WHEREAS, The Bylaws are updated on a regular basis to reflect changing conditions; and WHEREAS, The current amendments address language making City Council and Advisory Committee bylaws consistent. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The City Council hereby approves the amendments to the bylaws for the City Council and advisory committees. PASSED AND ADOPTED THIS 12th DAY OF JANUARY 2015. VOTE Hedberg Keeney McGuire Morton Thompson Aye ❑ ❑ ❑ ❑ ❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ Frank Boyles, City Manager O� PRION t� CITY OF PRIOR LAKE, MINNESOTA +i1IN SolP Mayor and City Council Bylaws Adopted on May 27, 1986 Revised: January 1991 October 2002 January 1993 March 2006 May 1993 May 2006 January 1994 June 2007 January 1995 November 2008 January 1996 September 2009 January 1997 January 2011 May 1997 June 2012 January 1998 March 2013 March 1998 January, 2014 January 1999 March 2014 April 2000 January 2015 FRANK BOYLES, CITY MANAGER TABLE OF CONTENTS Section # Topic Page # Section 100 Purpose F-3 Regular, Special and Emergency Meetings and Work Section 200 Sessions 3 Section 300 [Annual Meeting 5 Section 400 [Meeting Agenda Format and Consent Agenda Section 500 [Quorum and Voting Procedures F-8 Section 600 Minute Preparation 1-9 Section 700 Roles at Meeting 1-10 Section 800 Motions, Resolutions, Ordinances F-i 1 Section 900 Public Hearing Format 12 Section 1000 Committee Structure 14 Section 1100 Suspension of Rules 17 Section 1200 Travel and Reimbursement for Expenses F 17 Section 1300 [Statement of Ethics 19 Section 1400 1 City Council Recognition 20 Appendix A [Types of Motions 22 2 of 23 SECTION 100: PURPOSE 101: PURPOSE: The purpose of the Prior Lake City Council Bylaws is to provide the members of the City Council with a set of operation procedures designed to guide them during the Council meetings, and to establish a code of ethics and conduct. 102: The Bylaws shall be considered and adopted at the annual meeting of the Prior Lake City Council. The Annual Meeting is the first regular meeting in January. Bylaws can be reviewed and amended at any meeting other than the annual meeting. Any changes or amendments to the Bylaws shall follow this procedure: 102.1 A motion to amend is proposed. 102.2 A second to the motion is required. 102.3 Discussion on the Bylaws amendment occurs. 102.4 The vote is taken. A simple majority is required to pass the Bylaws at the annual meeting. A super majority is required at any meeting other than the annual meeting unless otherwise provided by these bylaws, State Statute or City Code. 103: These Bylaws shall govern the procedures of the Prior Lake City Council immediately upon adoption. If an issue is raised which is not covered in the Bylaws, the procedures to respond to the issue shall be governed by Robert's Rules of Order Revised. Failure to comply with these Bylaws or Robert's Rules of Order shall not invalidate Council action unless at the time the action is taken a member of the Council raises a parliamentary objection and advises the Council of the particular rule which was not observed. If these Bylaws conflict with State or Federal law, or the City Code the State or Federal law or City Code, as applicable, shall govern. SECTION 200: REGULAR, SPECIAL AND EMERGENCY MEETINGS, AND WORK SESSIONS 201: Except as otherwise provided in the Minnesota Open Meeting Law, M.S.A. Chapter 13D, all meetings of the City Council, including regular, special, emergency, work sessions, and adjourned meetings shall be open to the public. 202: REGULAR MEETINGS: The City Council shall establish a regular meeting schedule. Notice of all meetings, both regular and special, shall follow the requirements of the Minnesota Open Meeting Law. All regular meetings shall be held in the designated City Council Chambers. When a regular meeting is projected to fall on an official holiday, the City Council shall reschedule the meeting for the following business day. The City Manager may cancel or reschedule a regularly scheduled Council meeting when the amount of business pending does not warrant a meeting. The City Manager shall post any decision to reschedule or cancel a meeting. The procedures provided for in the Open Meeting Law shall be followed. In addition, notice shall be posted on the City website. In a situation where the City Manager learns prior to a scheduled meeting that there will not be a quorum of the Council available to attend a scheduled meeting; or when 3 of 23 weather conditions develop or are forecast prior to a scheduled meeting that make attendance at the meeting impractical, imprudent, or dangerous for the Council members, staff and public, the City Manager may cancel a meeting. When a meeting is cancelled based on such contingencies, the City Manager shall use all means reasonably available to announce the cancellation; however, posted notice shall suffice. A City Council member shall inform the City Manager when an absence is planned or pending prior to the meeting. 203: SPECIAL MEETINGS: Special meetings may be called by the Mayor or any two (2) members of the City Council by writing, filed with the City Manager. The City Manager shall then provide notice to all members of the time and place of the meeting. Notice shall be posted at City Hall and provided to any member of the public or news media who have requested notification in writing. All notice for special meetings shall comply with the Minnesota Open Meeting Law. 204: The agenda for a regular meeting will be prepared by the City Manager and shall be available the Wednesday before the following Monday meeting, except in the event of a holiday during agenda preparation week in which case the agenda will be available on Thursday. The agenda shall include the items set forth in Section 400 - Meeting Agenda Format and Consent Agenda. Copies of the agenda, supporting documentation and minutes from the previous meeting will be made available to the public once they are delivered to the Council members. 204.1 A copy of the agenda materials will be available in the Council Chambers for public inspection at the time of the meeting. 204.2 Agenda materials will also be available online through the City's website on the Friday preceding the City Council regular meeting. 204.3 If distribution of an agenda item or materials relating to the agenda item is delayed and not distributed as part of the Council agenda package, the agenda shall indicate when the materials will be distributed. Once distributed to the members of the Council the materials shall be included in the agenda materials on the City website and with the agenda materials for public inspection at the time of the meeting. 205: EMERGENCY MEETINGS: The Mayor or City Manager may call an emergency meeting. Notice of the emergency meeting shall be given by either telephone, fax, electronic communication or written notice to members of the City Council. Notice shall be provided to each news medium and individual that has filed a written request for notice. Posted or published notice of an emergency meeting shall be in accordance with the requirements of the Minnesota Open Meeting Law. An "emergency" meeting is a special meeting called because of circumstances that require immediate consideration by the City Council. 206: WORK SESSIONS: The City Manager may schedule work sessions subject to Council approval. The purpose of the work session is to afford the City Council, City Manager and City staff the opportunity to discuss policy matters in a more informal environment. Public input will not be allowed unless specifically scheduled in the agenda or requested by the Council at the meeting. The work session may be canceled at the discretion of the City Manager. Work sessions will not be televised and minutes will not be taken. The topic of the work session shall be reflected in the City Council agenda. 4 of 23 SECTION 300: ANNUAL MEETING 301: The first regularly scheduled meeting in January shall be referred to as the annual meeting. Regular business may be conducted at this meeting and the following organizational business is required unless deferred by the Council for a specific reason: 301.1 Swear in newly elected officials, if applicable. 301.2 Appoint Acting Mayor. At its first meeting each year the Council shall appoint an acting mayor from the Council members. The Mayor shall recommend a council member to serve as acting mayor and the Council will affirm or deny the recommendation. The acting mayor shall perform the duties of mayor during the disability or absence of the mayor from the City or, in case of vacancy in the office of mayor, until a successor has been appointed and qualifies. MN Stat. 412.121. The acting mayor, in the absence of the mayor, is known as the Mayor Pro Temp. ("Mayor for the Time") 301.3 Appoint the official newspaper. 301.4 Designate the official bank. 301.5 Designate the Local Board of Appeals and Equalization. 301.6 Appoint an auditing firm. 301.7 Appoint a fiscal consultant. 301.8 Designate an emergency management director. 301.9 Designate a health officer. 301.10 Appoint Council members to serve as liaisons to the various City advisory committees. 301.11 Approve City Council appointed committee bylaws and procedures. 301.12 Approve City Council bylaws. 301.13 Designate an animal control officer. 301.14 Adopt the yearly fee schedule. 301.16 Appoint the Special Assessment Committee. 301.17 Other appointments as may be appropriate. 302. Items normally scheduled for the annual meeting may be considered at an earlier meeting at the discretion of the City Council. SECTION 400: MEETING AGENDA FORMAT AND CONSENT AGENDA 401: Business of the meeting will be conducted according to the agenda prepared by the City Manager. The City Manager will prepare an agenda that follows this order: 401.1 Call to Order and Pledge of Allegiance 401.2 Public Forum • The City Council Agenda sheet shall include the following statement: "The public forum is intended to afford the public an opportunity to address concerns to the City Council. The public forum will be no longer than 30 minutes in length and each presenter will have no more than ten (10) minutes to speak. Topics of discussion are restricted to City governmental topics rather than private or political agendas. Topics may be addressed at the public forum that are on the agenda. However, topics that are the subject of a public hearing are best addressed at the public hearing, not at public forum. 5 of 23 Therefore, topics may not be addressed at public forum if: (i) the topic has been the subject of a public hearing before the City Council or any City Advisory Committee and the Council has not taken action on the topic; or(ii) if the topic is the subject of a public hearing for which notice has been published in the City's official newspaper, Scheduled or a continued public hearing or public information hearing on the irrcn+ ancnda or at a future meeting before the City Council or any City Advisory Committee. During public forum, a member of the public may request that the City Council consider removing an item from the Consent Agenda following the procedure set forth in Section 401.5. The City Council may discuss but will not take formal action on public forum presentations. Matters that are the subject of pending litigation are not appropriate for the forum." • Every individual who addresses the Council at the forum must first be recognized by the presiding officer and then shall state his/her name and address before beginning any comments. The City Manager shall be the timekeeper for the Forum so that each speaker receives an appropriate amount of time. • No Council action may take place during the forum. However, council members may express their views or reaction to a presentation and may ask questions of the presenter. • At the conclusion of the public forum, the Council may, by motion and majority vote unless otherwise provided by these bylaws, State Statute or City Code, indicate its interest that the subject presented at the Public forum be placed on a subsequent City Council agenda. • Items to be considered on the agenda may be addressed at the public forum consistent with the limitations set out in Section 401.2 of these Bylaws. • Presentations at the public forum must be consistent with Section 901.6 of these Bylaws. • If any council member deems that the comments are not germane to issues within the purview of the City Council, the council member may appeal to the presiding officer to request the speaker yield the podium. Further, any council member may object to the appeal to the presiding officer to request a speaker yield the podium, in which case, the presiding officer shall put the matter to a vote of the Council. • Public forums are included as part of the regular meeting minutes and cablecast live. • The presiding officer shall have the authority to adjourn the public forum, censure a speaker or take other action as deemed appropriate if there is a breach of decorum. 401.3 Approval of Agenda • The City Council may, by motion, add, delete or change the order of an item to be considered on the agenda except it may not begin a public hearing before the time specified in the public notice. 401.4 Approval of Minutes 401.5 Consent Agenda • With the adoption of these Bylaws, a Consent Agenda is created. The purpose of the "Consent Agenda" is to group items of a routine and non- controversial nature for consideration under one motion. There will be no separate discussion of items placed on the "Consent Agenda." If discussion of an item on the "Consent Agenda" is desired, any member of the Council 6 of 23 may request the item be removed from the Consent Agenda and considered separately. • The City Manager shall determine what items may be considered routine and non-controversial; and therefore appropriate for inclusion as a Consent Agenda item. To provide the City Manager with guidance, the following types of items tend to be routine and non-controversial: grant deeds, grants of easements, adoption of ordinances and resolutions previously considered by the city council, investment report, quarterly budget report, treasurer's report, animal control report, building inspection report, non-controversial license requests, standard development contracts, calls for bid, reports of administrative actions and proposals, leases and agreements previously approved in principle, reports for filing or setting dates for public hearings, approval of payment of contracts, approval or denial of claims, award of bids, and other items of a like nature that the City Manager considers routine and non-controversial. • The City Council Agenda sheet shall include the following statement: "Those items on the Council Agenda which are considered routine and non- controversial are included as part of the Consent Agenda. Unless the Mayor or a council member specifically requests that an item on the Consent Agenda be removed and considered separately, Items on the Consent Agenda are considered under one motion, second and vote. Any item removed from the consent agenda shall be placed on the council agenda under"Removed Consent Agenda Items." 401.6 Presentations and Proclamations • The City Manager may schedule presentations and proclamations before the City Council giving preference to presenters and topics that relate to City governmental business. 401.7 Public Hearings 401.8 Old Business 401.9 New Business 401.10 Removed Consent Agenda Items • Any item removed from the Consent Agenda shall be placed here for separate Council discussion and consideration. 401.11 Other Business- Including Community Events and Council member Reports • Members of the City Council and staff may present items under Other Business that will be discussed and deliberated for the first time. These items should, for the most part, be informational. The City Council has the authority to request action or take a formal position on the item(s); however, this shall be done on an item-by-item basis. 401.12 Adjournment 402: CITY MANAGER TO DETERMINE AGENDA: It shall be the responsibility of the City Manager to prepare and decide the City Council agenda. The City Manager shall be responsible for overseeing and reviewing the preparation of all agenda items. 402.1 If a member of the public requests to appear before the City Council or requests an item to be placed on the Council agenda, the City Manager shall determine whether the item should appropriately be considered by the City Council at a regular meeting. 402.2 If the City Manager determines that an item should not be placed on a City Council agenda, the City Manager may recommend that the individual appear at a City Council Forum. 7 of 23 402.3 The City Manager shall maintain a list of items scheduled to appear on meeting agendas. The City Manager shall endeavor to manage the anticipated length of Council meetings in order to assure each matter receives full and fair consideration, and that the meeting can be concluded by 11 p.m. 402.4 The City Council maintains final authority to approve, disapprove or modify the agenda. 403: The Mayor or Acting Mayor shall preside over all Council meetings. The presiding officer may call a recess at any time during the meeting. Except for recesses for closed meetings, the presiding officer shall announce the length of the recess. The purpose of the recess is to provide the City Council, City staff and the public attending the meeting with a short rest period from the Council business. The presiding officer may also recess or adjourn a meeting if a member(s) of the public is behaving in a disruptive manner or using inappropriate language. 404: Unless waived by motion, second and majority vote, no agenda item shall be initiated after 11 p.m. If a motion to extend the meeting is tendered, it shall include the time the meeting is to be adjourned. A meeting, once extended, must be adjourned at or prior to the time specified in the approved motion to extend. SECTION 500: QUORUM AND VOTING PROCEDURES 501: At each meeting, a majority of all the members elected (3 out of 5) shall constitute a quorum for the transaction of business. 502: The voting options available to the City Council when a vote has been initiated are: "aye" — an affirmative vote; "nay" - a negative vote. A council member may abstain only when they have a disqualifying conflict of interest as determined by the City Attorney. 503: Three votes shall be necessary for approval of any ordinance unless otherwise provided by these bylaws, State Statute or City Code. A majority vote of members present at a meeting, which must be at least a majority vote of a quorum, is necessary for the approval of all general motions and resolutions unless otherwise provided by these bylaws, State Statute or City Code. 504: When a question is put before the Council by the presiding officer, every member present shall vote. If a member intends to abstain from voting based upon a disqualifying conflict of interest, the council member must advise the presiding officer of the nature of the conflict. Otherwise, any council member, who being present when his or her name is called fails to vote upon any then pending proposition, shall be recorded as having voted in the affirmative unless otherwise provided by these bylaws, State Statute or City Code. 505: VOTING PROCEDURE: An agenda item shall be put before the City Council by the Mayor for its consideration. The agenda item should be considered in the following manner: 505.1 The City Manager or the Manager's designee will provide the City Council with a description of and presentation on the item and the action requested of the Council. 8 of 23 505.2 Following the presentation Council members may ask questions of City staff or provide information concerning the agenda item. If a council member intends to recognize a member of the public for the purpose of asking a question it should be done so at this point and not once the matter has been formally put before the Council by motion and second. 505.3 Discussion of the agenda item by the Council requires a motion and second to formally put the matter before the Council. 505.4 Council members may, at this point, ask further questions of staff, present their views and engage in a dialogue with other members of the Council. The Mayor should manage the discussion by calling upon and recognizing Council members to speak. 505.5 After discussion concludes, the presiding officer shall call for a vote on the pending motion. 505.7 When a vote is to be taken, the presiding officer shall first call for the ayes, then the nays. The votes of each member shall be recorded in the Minutes. If a member of the City Council is absent during a vote, the member's vote for the official Minutes shall read as "absent." SECTION 600: MINUTE PREPARATION 601: The City Manager is responsible for the preparation of the minutes of the meeting. The meeting proceedings will be audio-recorded and written minutes will be prepared. The written minutes of the meeting as approved by the City Council are the official record of the meeting. The audio recording is intended to supplement the minutes for the purpose of an "on the record review" in a judicial proceeding. A DVD recording may also be prepared for the purpose of rebroadcast of the meeting on the City's public access cable channel. The following two requirements for"minute" preparation shall be adhered to: 601.1 All motions typed in capital letters. 601.2 List the names of the City Council Members after their vote on each motion. 602: The official minutes shall be prepared and presented to the City Council at the next regularly scheduled meeting as part of the agenda packet. The text of the minutes shall consist of official Council business conducted while the Council is in session. Any comments made at a meeting that are made prior to the start of or after adjournment of the meeting, or during any recess, shall not be made part of the minutes. The City Council shall review the minutes and the presiding officer shall call for any additions or corrections. If an addition or correction is presented, the change must be specific as to place, paragraph, and sentence, if applicable. The official minutes shall be corrected to reflect the change. 603: Approval of the minutes requires a motion, second and a majority vote of the members present at the meeting unless otherwise provided by these bylaws, State Statute or City Code. Council 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. 604: The City Manager is responsible for the maintenance and filing of the minutes. 604.1 The approved minutes shall be retained as a permanent record of the Council meeting. 9 of 23 604.2 The approved minutes of the past twelve months of Council meetings shall be available on the City Website. 604.2 All audio and DVD recordings will be retained in accordance with the City's data retention schedule. 605: A verbatim transcript of all or any part of a meeting may be requested by a member of the general public. A fee for the transcript shall be in accordance with the City's official fee schedule unless the City has, for its own purposes, previously prepared a verbatim transcript, in which case the individual requesting a copy of the transcript shall pay the City's standard photocopy charge. SECTION 700: ROLES AT MEETING 701: All meetings of the City Council shall comply with the Minnesota Open Meeting law, which requires meetings (with few exceptions) of all municipal bodies to be open to the public. The City Council of Prior Lake encourages citizen attendance. Public attendance at meetings of the Council helps to develop a more enlightened, interested and participatory citizenry. 702: Any council member may recognize a member of the public for the purpose of asking question(s) relating to the matter under consideration by the Council. Members of the City Council must use judgment and discretion when recognizing members of the public to answer a question during the time they have the floor. 703: Members of the Council may also ask questions of staff in order to clarify their understanding of the relevant information necessary to make an informed judgment. In preparation for Council meetings, Council members may want to consider contacting the City Manager, in sufficient time prior to the meeting, to advise the question they intend to ask in order for the City Manager to attempt to bring the additional information to the Council meeting. 704: The Mayor has the same voting powers as do the other members of the Council. The Mayor may vote on all motions and he/she does not have any extra voting powers if the vote results in a tie, except as may be authorized by state statute. 705: The Mayor shall be the presiding officer at all meetings. If the Mayor is absent, the Acting Mayor shall preside at the meeting. If the Mayor and Acting Mayor are absent, the City Manager shall call the meeting to order and preside until such time the City Council elects among itself a member to preside at the meeting. The presiding officer, at all times, shall be allowed to vote in the same manner as all other members of the Council. 706: The presiding officer has two unique powers: (1) interpreting and applying the rules of procedure; and (2) recognizing speakers from the audience. 707: The presiding officer is responsible for maintaining order at the meetings. 708: The presiding officer shall recognize all speakers from the audience, except when a member of the Council has the floor and they expressly recognize a member of the audience to answer questions relating to the issue under consideration. 10 of 23 709: The presiding officer has the responsibility to facilitate discussion by the City Council. This may occur in a variety of ways, including: 709.1 Interpret and apply rules of procedure. 709.2 Decide whether motions are properly made. 709.3 Decide whether motions are in order. 709.4 Decide whether questions of special privilege ought to be granted. 709.5 Decide when to recognize speakers. 709.6 Call for motions or recommend motions. 709.7 Expel disorderly persons from the meeting. 709.8 Enforce speaking procedures. 710: All members of the City Council may make and second motions, participate in discussions and vote whenever a vote is taken. 711: As individuals, Council members have no administrative authority. When acting as a Council, however, the legislative body has authority over the appointed City Manager. 712: The City Manager shall attend all meetings of the City Council with the right to take part in the discussions, but not to vote. In the absence of the City Manager, the Assistant City Manager or designated department head shall serve as the City Manager's representative at the meeting. 713: Department Heads may attend all meetings. Department Heads shall attend the meetings when directed by the City Manager. 714: A memorandum report or brief explanation of each agenda item shall be included in the materials that accompany the agenda. The information provided by staff should serve to inform the City Council on the subject matter under discussion. The information should explain in detail the staff comments or work, or state that staff will present the necessary details and comments at the meeting. If an agenda item requires more than a majority vote, the agenda report shall specify the votes needed to pass the matter under consideration. SECTION 800: MOTIONS, RESOLUTIONS, ORDINANCES AND PROCLAMATIONS 801: The City Council may take formal action in any of three methods - motions, resolutions or ordinances. All motions in any form require a second unless otherwise stated herein. All votes of the City Council in any of the three methods require a majority vote of those members present at a meeting for approval unless otherwise provided by these bylaws, State Statute or City Code. 802: MOTIONS: A motion is a matter of parliamentary procedure. Motions are a formal method of bringing business before the Council and for stating propositions on which a decision will have to be made. It also can be used in the form of a proposal so that the City Council can act by resolution or by ordinance. Motions may be used to introduce resolutions and ordinances, to amend them, and to take any other actions concerning them. Motions may also be used for action on simple administrative acts, such as approving the monthly department reports, or directing the City Manager. 11 of 23 803: Every motion shall be stated in full and be reasonably understood before it is submitted to a vote by the presiding officer. 804: RESOLUTIONS: Resolutions are normally used to reflect the City Council position on items of business that do not require or warrant an ordinance. Resolutions may be enacted on a motion, which has been duly seconded, and receives a majority vote of those members present at the meeting unless otherwise provided by these bylaws, State Statute or City Code. The City Manager will maintain a record of all resolutions and will be responsible for the proper numbering and execution of each resolution adopted by the City Council. 804.1 Notwithstanding other instances where resolutions may be needed, resolutions are required to authorize the execution of any contract exceeding $20,000 or as otherwise specified in the City's purchasing policy. 805: ORDINANCES: An ordinance is a law governing or regulating some activity that is properly within the power of the Council to regulate. Ordinances shall be used when the City Council action regulates or governs people or property. All police regulations for public health, morals, economic well-being, welfare and safety must be passed in ordinance form. Ordinances may also be used to provide permanent rules for the organization and operation of the City Council. Ordinances may be enacted upon a motion and a second. A majority of the members present must vote in the affirmative for the ordinance to pass unless otherwise provided by these bylaws, State Statute or City Code 806: An ordinance shall become effective upon passage and publication unless otherwise specified in the ordinance. Consistent with State Statute the Council may authorize publication of a summary of the ordinance rather than its full text. The Council, by motion, must approve and authorize the proposed summary. Proof of publication shall be attached to and filed with every ordinance. 807: All ordinances shall be reviewed by the City Attorney prior to presentation to the Council. The ordinance format includes: title; number; enacting clause; the contents or body; the penalty; the closing; the attestation, publication date and the effective date. The City Manager will maintain a record of all ordinances and will be responsible for the Prior Lake City Code and codification requirements. The Council may authorize the City Manager to contract for codification services. 808: PROCLAMATIONS: Proclamations are used to show the City Council's support for a cause, person or organization. Proclamations may be read aloud and presented by the Mayor on behalf of the City Council. SECTION 900: PUBLIC HEARING FORMAT 901: Public Hearings shall be conducted in the following manner: 901.1 The presiding officer announces the agenda item that is the subject of the public hearing. 901.2 It is the intent of the City Council to open all public hearings at the time indicated in the public hearing notice, or as soon as possible thereafter. From a practical 12 of 23 standpoint, not all hearings can be opened at their designated time. The Council 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. 901.3 Staff and/or a consultant make a presentation or report on the subject matter of the public hearing. 901.4 At the conclusion of any presentation or remarks by staff and/or a consultant, the presiding officer asks the City Council members if they have questions of the staff or consultant. 901.5 The presiding officer requests a motion and second from a member of the Council to open the public hearing and calls for a vote. 901.6 The presiding officer declares the public hearing opened, announces the time and then proceeds to ask for citizen input, comments and questions. 901.6.1 Members of the public, interested parties or their authorized representatives may address the City Council orally. If the speaker intends to present written or hard copy materials to support their presentation to the Council, they must provide the staff, at the time of their presentation or before, nine (9) copies of the original for distribution to Council members, the City Manager, and City staff. If the materials are lengthy the members may not have sufficient time to review the materials during the presentation; please consider providing materials in advance to allow the members sufficient time for review. 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 Council, 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 shouldst be submitted to the staff by 12:00 p.m. noon of the day of the meeting. The City will use best efforts to play audio or video presentations, however, if there are technical or other issues the City will not disrupt a meeting in order to play the presentation. All materials including audio and video presentations are subject to the presidinq officer's judgment relating to timeliness and relevance. 901.6.2 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 Council meeting. The comments and materials will be distributed to Council members, the City Manager, and City staff. The written comments and materials will become part of the record, but will not be read aloud at the meeting 901.6.3 If unable to attend a meeting, members of the public, interested parties or their authorized representatives may submit testimony to the City Council 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 (7) calendar days prior to the meeting in order to allow staff an opportunity to view the presentation 13 of 23 and prepare a written summary. The recorded testimony and summary prepared by the staff will be provided to the City Council as part of their Council agenda package. The audio or visual communication may be used by individual Council members in preparation for the Council meeting, but will not be played during the meeting. The presentation and the summary will become a part of the public record. Generally, Council agenda packages are distributed to members of the City Council on the Wednesday preceding the meeting. 901.7 After all persons have been heard, the presiding officer will ask whether there are any other persons in attendance who want to be heard on the matter pending. The presiding officer will explain that the Council is going to deliberate and that the Council may not take any additional public comment prior to closing the hearing and taking action. The presiding officer will then ask one more time whether there are any other persons in attendance who want to be heard on the matter pending. 901.8 ions,onion of the subient matter of the u b"Q hearino by the Go, afi re ,ireo motion and a oenonrJ to formally n,It the muter before the /moounnil The City Council addresses the subject matter through deliberation. The Council may ask questions of the staff and City Attorney. Council 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" res oa nse. 901.9 Once deliberations are completelf there io no other testin; the presiding officer requests a motion. There are two (2) 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 Manager and Council members, shall select and announce a time and date certain for the continued public hearing. No additional publication or notice 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. Gity moil -QI( 14 of 23 901.910 If the public hearing has been closed, rather than continued until a date certain, the City Council may take action on the subject matter. SECTION 1000: COMMITTEE STRUCTURE 1001: TYPES OF COMMITTEES 1001.1 Special City Council Committees. The Council may from time to time establish special committees by designating two (2) Council members to a specific issue. Council members will be appointed to the special committees on an annual basis. Special committees established by the Council are generally established to deal with single transactions or projects as they arise. The membership of a special committee does not extend beyond the appointed City Council members and staff liaisons. The responsibilities of the special committee are limited to making recommendations to the City Council or City staff. A special committee has no authority to make decisions on behalf of the City Council. Special committees may be required to provide periodic status reports as requested by the City Council or upon their own initiative. Examples of special committees of the City Council include: • Bylaws & Compensation Committee • City Manager Evaluation Committee • Annexation Task Force • Special Assessment Committee 1001.2 Research Work Groups. The City Council may establish from time to time temporary research work groups to study, research, analyze and make recommendations to the Council or City staff on a particular issue or subject matter. There is no limit to the size of a research work group. The number of committee members, the purpose of the committee and the duration of the committee will be determined by the City Council. Generally the composition of research work groups include up to two Council members, City staff, and members of the public. Research work groups may only deal with those issue or projects assigned to them by the City Council (conduct investigations, make reports on facts, interview individuals, and gather information and/or public input). A research work group may not make decisions independent from the City Council. Research work groups will be required to make periodic reports to the City Council on their progress. The City Council may use either a motion or resolution to establish a research work group depending upon the subject matter. These committees may include, for example: • Water Treatment Plant Committee • Tree Preservation Task Force • Heritage Committee • Snowmobile Task Force • County Road 21 Advisory Committee Research work groups are expected to be short-term in nature and to disband upon completion of the assigned task, but no later than the assigned end date 15 of 23 determined by the City Council. Only action by the City Council may extend the life of a research work group, and the Council must determine a new end date for the group. In some cases, the City Council may decide that the work of the research work group should continue on a permanent basis, in which case the City Council must determine whether to convert the research work group to either (1) an advisory committee as outlined in Section 1001.3 of these bylaws, or (2) a special City Council subcommittee as outlined in Section 1001.1 of these bylaws. 1001.3 Advisory Committees,The City Council may establish advisory committees to monitor significant issues in the community of on-going concern. Advisory committees are composed of citizen volunteers appointed by the City Council, or a combination of citizen volunteers, appointed City Council members, and City staff. Advisory committees are limited to making recommendations to the City Council or City staff and have no authority to make decisions on behalf of the City Council. An advisory committee's Bylaws reflect any unique circumstances applicable to the committee. Amendments to an advisory committee's bylaws are recommended by the advisory committee for approval by the City Council. Amendments shall not take effect until thirty (30) days after their passage. Advisory committees may meet with the City Council in a public workshop to discuss goals and objectives, mutual concerns or questions and other business as appropriate. Advisory committees may include, for example: • Planning Commission. (The Planning Commission has been established by statutory authority and the structural composition and Commission rules are set forth in the City Code.) • Park Advisory Committee • Lakes Advisory Committee • Communications and Technology Advisory Committee • Community Safety Advisory Committee • Traffic Safety Advisory Committee 1001.4 A list of the Council advisory committees and members shall be maintained on the City Website. 1002: CITY COUNCIL LIAISONS TO CERTAIN ADVISORY COMMITTEES: Annually, the City Council shall appoint at least one council member to serve as a liaison to the Advisory Committees identified in Section 1001.3. The role of the liaison is to act as a conduit and resource for information by and between the Council and the Planning Commission or Committee. The liaison shall make periodic reports to the Council on the activities of the Planning Commission or committee. The authority and involvement of the liaison shall be established by each advisory committee's bylaws. A liaison may always testify or submit comments at a public hearing in their capacity as a private citizen as long as they make clear at the beginning of their testimony or in their written comments that they are speaking on their own behalf and not on behalf of the Council. 16 of 23 1003: COMMITTEE VACANCIES: When the term of an individual serving on a committee identified in Section 1001 expires, the individual may apply to be reappointed if they have not exceeded their term limits and they have met or exceeded the performance standards of the committee. An individual seeking reappointment or an individual seeking to be newly appointed by the Council must follow the steps set forth below for filling a vacancy on a committee. A vacant position on any committee identified in Section 1001 shall be filled following the procedures set forth below: 1003.1 Applications are solicited. A notice of the vacancy is made public and individuals may be encouraged to consider the position. The notice shall state the deadline for submitting applications. 1003.2 Screening Committee. The City Manager or his designee, the City Council liaison to the committee, the staff liaison to the committee, Mayer-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. 1003.3 Appointment - Economic Development Authority (EDA). The Screening Committee for EDA vacancies shall narrow the candidates down to up to three (3) finalists per vacancy. The names of applicants are private data. Once finalists have been selected, the names of the finalists become public data. The finalists shall be interviewed by the Council and allowed to make a five minute presentation regarding their qualifications and reasons for seeking the appointment. Members of the Council may ask questions of the candidate, but the time used for questions will not be counted against the candidates five (5) minute presentation. The Mayor shall then appoint one of the finalists and the Council shall vote on approval. If the Council does not approve the finalist appointed by the Mayor, the Mayor may appoint one of the other finalists for Council approval or may reopen the vacancy to the public for new candidates. 1003.4 Appointment - All Other Committees. The Screening Committee for all other vacancies shall interview all candidates who have applied for appointment or reappointment and make a recommendation to the City Council. The recommendation of the Screening Committee will be presented to the City Council. The Council may accept or reject the recommendation. If the recommendation is rejected, the City Council may appoint another individual or reopen the application period and invite new candidates to apply. 1004: CITY COUNCIL ROLE ON OTHER COMMITTEES OR AUTHORITIES: There are certain authorities, committees and commissions not under the City Council's direct control that a council member is appointed to and serves as a representative of the Prior Lake City Council. These appointments should be distinguished from appointments to serve as a Council liaison to the Planning Commission or a committee. A council member appointed to serve as a member of such a committee, commission or authority shall provide the City Council with periodic reports on the activities of the committee, commission or authority and, unless provided with specific direction, exercise their judgment on how frequently to report to the full Council. The authority, committee or commission shall determine if the appointed council member has voting authority in connection with its governing authority. Examples of these types of committees or authorities include: • Three-member Orderly Annexation Board • Transit Review Board 17 of 23 • Committees of the League of Minnesota Cities, Metro Cities, or National League of Cities SECTION 1100: SUSPENSION OF RULES 1101: The City Council may vote to suspend the rules set forth herein. The rules may be suspended for a specific meeting only upon a motion, second, debate, and a four-fifths (4/5) vote of the members of the Council unless otherwise provided by these bylaws, State Statute or City Code. SECTION 1200: TRAVEL & REIMBURSEMENT FOR EXPENSES 1201: The City of Prior Lake recognizes the need for and value in attending workshops, conferences, public and private events, and meetings in the conduct of City business. Such events may take place in the Minneapolis-St. Paul metropolitan area, in out-state Minnesota, or out-of-state. The purpose of this section is to set forth the guidelines for participating in such events, as well as reimbursement of expenses incurred as a result of attendance. 1202: GENERAL CONDITIONS: 1202.1 All expenses incurred by a Council member in connection with fulfilling their duties to the City shall be reimbursable. Reimbursement of such expenses shall be in accordance with these City Council Bylaws, City Code Section 105.300, and state statute. 1202.2 Attendance at and reimbursement for events, workshops, conferences or meetings within the Minneapolis-St. Paul metropolitan area and Greater Minnesota do not require advance approval by the City Council as long as the costs for attendance are within the approved City Council budget. 1202.3 Attendance at and the traveling budgets for events, workshops, conferences or meetings conducted out-of-state, or not within the approved City Council budget, must be authorized in advance by the City Council at an open meeting. 1202.4 In evaluating travel requests for approval, the purpose for attendance must meet one of the following criteria: • The elected official will be receiving training on issues relevant to the City or to his/her role as the Mayor or as a Council member. • The elected official will be meeting and networking with other elected officials from around the country to exchange ideas on topics of relevance to the City or on the official roles of local elected officials. • The elected official will be viewing a public facility or function that is similar in nature to one that is currently operating at, or under consideration by, the City where the purpose for the trip is to study the facility or function to bring back ideas for the consideration of the full Council. • The elected official has been specifically assigned by the Council to testify on behalf of the City at the United States Congress or to otherwise meet with federal officials on behalf of the City. 18 of 23 1202.5 Council members attending events at City expense are expected to provide the Council with a summary of the meeting. 1202.6 No reimbursements will be made for attendance at events sponsored by or affiliated with political parties. 1202.7 The City must have sufficient funding available in the budget to pay the traveling expenses for the event. 1202.8 The City may make payments in advance for airfare, lodging and registration if specifically approved by the Council. Otherwise, all payments will be made as reimbursements to the elected official. 1202.9 Reimbursement of expenses is intended to refund the actual costs incurred and must be in accordance with the provisions of section 1203 herein. 1203: REIMBURSEMENT REQUIREMENTS: The City will reimburse for transportation, lodging, meals, registrations and incidental costs if attendance at the event, conference, workshop, or meeting is authorized in accordance with the above General Conditions. A receipt must be submitted for reimbursement of all costs. 1203.1 Meals. Daily or event specific reimbursable meal costs are limited to $20.00 per meal. In the case of out-of-state or overnight travel, reimbursable meal costs shall not exceed $60.00 per day. Alcoholic beverages and meal expenses included in the cost of registration are not reimbursable expenses. 1203.2 Lodging. Reimbursable lodging costs for travel within the Midwest are limited to $200 per night. For travel outside the Midwest, reimbursable lodging costs are limited to those that are reasonable and necessary, and as pre-approved by the City Council when authorizing the out-of-state travel budget. 1203.3 Mileage. Mileage will be reimbursed at the IRS rate. If two or more Council members are traveling together by car, only the vehicle owner will receive reimbursement. The City will reimburse for the cost of renting an automobile, if necessary, to conduct City business. City vehicles should be used for City Council business in lieu of rental when available. 1203.4 Tips. Tips paid as part of meal service shall not exceed 20% of the total bill and are reimbursable in addition to the cost limits set for reimbursable meals above. Tips and gratuities for services such as taxis are only reimbursable if a receipt is provided, and in no case should exceed 20% of the cost of the service. Tips for non-documented services, such as baggage handling or housekeeping, are reimbursable in an amount not to exceed $10 per day. 1203.5 Airfare. Airfare shall be reimbursed at the coach rate. The elected official shall use the most cost-effective mode of travel taking into consideration reasonable time constraints. 1203.6 Non-Reimbursable Expenses. The City will not reimburse for personal telephone calls, rental of luxury vehicles, recreational expenses such as movies, golf, shows, or concerts, or the costs associated with the attendance of a family member or person unauthorized to attend the event on the City's behalf. 1204: EXCEPTIONS TO POLICY: Any exceptions to the bylaws relating to expenses and reimbursement must be approved by the City Council at an open meeting. SECTION 1300: STATEMENT OF ETHICS 19 of 23 1301: POLICY STATEMENT: The City of Prior Lake recognizes our system of democratic representative government is dependent in large measure, upon people having trust and confidence in their public officials. The public rightfully expects governmental officials will conduct City of Prior Lake business in ways which benefit the public 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. 1301.1 The City of Prior Lake finds that the proper operation of democratic representative government requires that: • Elected and appointed officials be independent, impartial and responsible to the people; • 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. 1301.2 The City of Prior Lake shall adhere to the highest ethical standards that enhance the public trust in local government by: • Creating transparency in its actions through honest and open communication; • Basing decisions and adopting public policies based on what is in the best interest of the public and the overall community; • Supporting the public's right to know the public's business; and • Exercising fairness, optimism, responsiveness and respect in communicating with the public. • Providing a forum and periodic training for public officials and employees to discuss organizational values that reflect high standards and current conditions and concerns. 1301.3 This Statement of Ethics shall be liberally construed in favor of protecting the public's interest in full disclosure of conflicts of interest and promoting ethical standards of conduct. 1302: ETHICS IN GOVERNMENT: Minnesota Statutes, Chapter 10A, Ethics in Government, is incorporated herein by reference. This policy shall be construed and interpreted in consultation with the City Attorney according to Minnesota Statutes and case law. 1303: GIFTS AND FAVORS: No public official shall accept any valuable gift, favor or thing of value, regardless of amount whether in the form of money, service, loan, thing or promise from any person which to the official's knowledge is concerned, directly or indirectly in any manner whatsoever in business dealings with the City. 1304: USE OF EQUIPMENT AND FACILITIES: No public official shall request or permit the unauthorized use of City-owned vehicles, equipment, materials, property, labor or services for personal convenience or profit. 1305: CONFLICT OF INTEREST: 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) 20 of 23 1306 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: 1306.1 Advise the City Attorney of the potential conflict of interest as soon as possible, preferably before the meeting; and 1306.2 The City Attorney shall determine whether a disqualifying conflict of interest exists. 1306.3 Any council member shall orally inform the City Council of the potential conflict and abstain from any participation in that agenda item if a conflict is determined to exist. 1307: 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 1400: CITY COUNCIL RECOGNITION 1401: COMMENDATION AND CENSURE: To the extent allowed by law, the City Council desires to encourage appropriate behavior and discourage inappropriate behavior among its members. The City Council, as a body, may by motion and four-fifths (4/5) vote, commend or censure one of its own. If the act involves two members of the Council, a majority vote is required. 1401.1 Commendation: A member may receive public commendation for the exercise of positive leadership, community vision or other actions considered meritorious by the City Council. 1401.2 Censure: A member may receive a public reprimand for failure to conform to any provisions of these bylaws, state statute, misconduct at meetings, violating confidentiality or the attorney-client privilege, absenteeism, disloyalty, a violation of the standards of ethics or violating other value the City holds dear. The purpose of the censure is to reprimand a council member with the hope of reforming him or her so that he or she won't behave in the same way again. A motion to censure is amendable, debatable, requires a 4/5 vote and cannot be reconsidered. 21 of 23 APPENDIX A: TYPES OF MOTIONS AND PROCEDURES The following motions will be available for use by the members: 1. Main Motion: An act to bring substantive proposals before the City Council for consideration and action. After the motion is stated and seconded, the subject of the motion may be deliberated and voted upon. Deliberation may take place by the Mayor, Council, staff or the general public as long as the procedures for citizen input are followed pursuant to these Bylaws. 2. Amend Main Motion: A main motion that is being deliberated and has not been voted upon may be changed or modified by a motion, a second, deliberation and a subsequent vote. The only motion that may be amended is the main motion. 3. Postpone Definitely Motion: A motion to put off consideration or discontinue discussion of any motion on the floor and that which established a definite time for the motion to be reconsidered. A motion to postpone definitely requires a second, deliberation and a subsequent vote. 4. Vote Immediately Motion (Previous Question): A motion to prevent or stop deliberation on a pending motion and to bring the pending motion to an immediate vote. A motion to the "Previous Question" requires a second and a two-thirds majority vote to pass, however, no discussion is allowed on the motion. Two votes are required when a Previous Question motion is seconded. The first vote is to close the debate (requires two thirds majority vote) and, if that passes, the second vote is then on the original motion being deliberated prior to the Previous Question being called. If the close the debate motion fails, then deliberation on the original motion continues. 5. Substitute Motion: This is a motion that replaces the motion being considered with another motion on the same subject. A motion to substitute may be made for either a main motion or an amendment to a main motion. A substitute motion requires a motion and second. The Council then votes on the substitute motion and if that passes, the original motion dies. If the substitute motion fails, the deliberation on the original motion continues. 6. Withdraw a Motion: Any member of the City Council who has made an allowable motion has the authority to remove the motion from consideration by the total body. If a member desires to remove a motion that has been seconded, but not yet voted upon, the member who has seconded the motion must consent to the request of the member to remove the motion from consideration. If the motion has not been seconded, the member may remove the motion from consideration by his/her own request. 7. Division of Motion: A motion that is composed of two or more independent sections or ideas may be deliberated, considered and voted on separately. Each section or idea that is to be voted on separately must be acted upon through a separate motion, second, discussion and subsequent vote. Any member of the City Council may request a motion to be divided into two or more individual motions. 8. Eligibility of Motion: The presiding officer may rule on the eligibility of a motion that has been requested to be divided into two or more individual motions. 22 of 23 9. Privileged Motion: These motions do not relate to pending business, but have to do with special matters of immediate and overriding importance, which without any debate, shall be allowed to interrupt the consideration of anything else. These motions can be made at any time, even if another motion is being considered at the time, and they must be settled or voted upon immediately. Motions to adjourn the meeting or take a recess cannot interrupt a speaker, while a motion on a question of privilege or point of vote can interrupt a speaker. Privileged motions include: Raise a Question of Privilege: Raising a question of privilege allows a member to make a request or motion related to the rights and privileges of the members or an individual members such as noise or temperature in the assembly room. The chair of the meeting rules on questions of privilege. • Recess: A motion to recess may be made by any member and if approved results in a short intermission and then resumption of business. • Adjourn: A motion to adjourn may be made by any member and if approved results in the adjournment of the meeting. 10. Incidental Motion: These motions concern questions of procedure related to pending business. Incidental motions can be made by any member of the City Council and are taken up and decided immediately. • Point of Order: Whenever a member thinks that the rules of the City Council are being violated, he/she can make a Point of Order. Whenever a question of the order is called, the presiding officer shall make a ruling on whether the City Council rules have been violated. If a Point of Order is to be raised, it must be raised promptly at the time the violation occurs. This procedure does not require a second, is not debatable and can be used to interrupt a speaker. • Appeal Decision of Chair: The presiding officer will be called on to rule on questions of City Council procedure as set forth in these Bylaws. The decisions of the presiding officer may be appealed by the City Council. A statement of appeal constitutes a motion that, in turn, requires a second and the opportunity for discussion. 11. Motions that Bring a Question before the Council again. These motions allow the Council to consider a question that has already been considered. • Motion to Reconsider: A motion to reconsider any action taken by the Council may be made at the meeting at which such action was taken or the regular meeting following. Such motion must be made by one of the prevailing side, but may be seconded by any member and may be made at any time and have precedence over all other motions or while a member has the floor; it shall be debatable. A motion for reconsideration requires only a majority vote regardless of the vote necessary to adopt the motion reconsidered. Renew a Motion: If a motion is defeated it can be reintroduced at a future meeting. The same or substantially same motion is introduced at a later meeting as new business. Notwithstanding Robert's Rules of Order, a motion to "lay on the table" shall be debatable. 23 of 23 COMMUNITY SAFETY ADVISORY COMMITTEE BYLAWS Adopted November 17, 2008 Amended October 19, 2009 Amended January 3, 2011 Amended January 17, 2012 Amended January 13, 2014 Amended January 12, 2015 SECTION 100: PURPOSE 101: The purpose of the Community Safety Advisory Committee bylaws is to provide a set of operating procedures for the Community Safety Advisory Committee, and to establish a code of ethics and conduct. 102: The Bylaws shall be reviewed annually by the Community Safety Advisory Committee, and any changes or amendments agreed to by a majority vote of the Committee shall be recommended to the City Council for adoption at its annual meeting. The City Council conducts its annual meeting at the first meeting in January of each year. SECTION 200: STRUCTURE OF COMMITTEE 201: COMMITTEE CREATED: A Community Safety Advisory Committee is hereby created for the City, its purpose to be of an advisory nature to the City Council and staff on issues related to making Prior Lake a safe and healthy community. The members of the Committee shall annually elect officers in accordance with the procedures of paragraph 206 herein. 202: DUTIES OF THE COMMITTEE: The duties of the Community Safety Advisory Committee are as follows: 1. Periodically review and recommend revisions to these bylaws. 2. Recommend safety activities and policies to the Council for implementation. 3. Act as experts to assist staff in the interpretation and implementation of community safety matters. 4. Periodically establish priorities for incorporation into the 2030 Vision and Strategic Plan. 5. Promote the objectives of community safety in the most appropriate venues. 203: APPOINTMENT: The Committee shall consist of at least five (5) members and no more than seven (7) members as determined and appointed by the City Council. Only residents of the City who are at least 18 years old shall be considered for appointment provided, however, that one member may be a resident who is less than 18 years of age. Said members shall serve three (3) year-terms beginning November 1St and ending October 31St. The Committee shall be representative of the citizens who live in Prior Lake. Committee members may serve additional terms upon approval by the Prior Lake City Council, based upon satisfactory attendance and participation, continued residence within the corporate limits of the City of Prior Lake, and in accordance with the term limit policy established herein. Committee members may be appointed at any time throughout the year. If a Committee member is appointed at any time other than the standard City appointment process in October, the 1 of 10 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: COUNCIL LIASION: Annually the City Council will appoint a Council member to serve as a Liaison between the Council and the Community Safety Advisory Committee. The role of the Liaison is to act as a conduit and resource for information by and between the Council and the Community Safety Advisory Committee and the Community Safety Advisory Committee and the Council. The Liaison shall make periodic reports to the Council on the activities of the Community Safety Advisory Committee. The Liaison shall communicate any Council input on a particular issue to the Community Safety Advisory Committee. The Liaison shall not participate in the discussion or deliberation of any matter pending before the Committee, except where the Community Safety Advisory Committee is meeting in a study or work session. The Community Safety Advisory Committee, at its discretion, may ask the Liaison whether the Council has discussed the subject under consideration and the nature of the discussion. The Liaison shall never use this occasion as an opportunity to communicate their personal position regarding the matter under consideration. A Liaison may always testify or submit written comments at a Public Hearing in their capacity as a private citizen so long as they make clear at the beginning of their testimony or their written comments that they are speaking on their own behalf and not on behalf of the Council. 205: VACANCIES: If an appointed member of the 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_ Vasans' 1 Applications are solicited. A notice of the vacancy is made public and individuals may be encouraged to consider the position. The notice shall state the deadline for submitting applications. 2 Screening Committee. The City Manager or his designee, the City Council liaison to the committee the staff liaison to the committee 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 Appointment. The Screening Committee shall interview all candidates who have applied for appointment or reappointment and make a recommendation to the City Council. The recommendation of the Screening Committee will be presented to the City Council. The Council may accept or refect the recommendation. If the recommendation is refected the City Council may appoint another individual or reopen the application period and invite new candidates to apply. I 206: OFFICERS: The Community Safety Advisory Committee shall elect from among its members a Chair, and a Vice-Chair. The Staff Liaison shall serve as Secretary of the Committee. 1. Chair: The Chair shall be elected at the first meeting in November by majority vote of the Committee members present at the meeting. The term of the chair shall begin in November and run for onethree years. The duties of the chair shall include approval of meeting agendas, presiding at meetings, and giving an accounting of its activities and any information the Committee may consider relevant before the City Council annually or as directed otherwise. 2of10 2. Vice-Chair: The vice-chair shall be elected 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. 3. Secretary: The Secretary shall be responsible for recording and compiling a written summary of all official activities of the Committee. 4. Vacancy: If the office of Chair or Vice-Chair becomes vacant, the 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 to the Community Safety Advisory 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 Community Safety Advisory Committee may be removed from office for just cause by a four-fifths (4/5) vote of the entire City Council. Just cause includes but is not limited to the following: (i) failure to attend a minimum of 75% of meetings; (ii) failure to attend site visits/inspections; (iii) failure to review and understand agenda materials; (iv) failure to participate in an appropriate and productive manner; and (v) failure to continue to meet any requirement set forth in Section 203.E^----.n nc 11E)Ratten` anGe- atCommittee meetineo lack of paFti^ine}inn or IaGk of resirden^e in Drier Lake. e 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. 3of10 • 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 Committee member shall orally inform the Committee 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 4of10 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, staff and others designated by the Committee, 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: AGENDA AND MEETING FORMAT: Business of the meeting will be conducted according to the Agenda prepared by the Staff Liaison. A memo, report, or brief explanation of each agenda item shall be included in the 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. Roll Call 3. Approval of Minutes 4. Hearings 5. Old Business 6. New Business 7. Announcements/ Correspondence 8. Adjournment 405: MINUTE PREPARATION. The Staff Liaison is responsible for the preparation of the minutes of the meeting. The meeting proceedings will be audio-recorded and written minutes will be prepared. The written minutes of the meeting as approved by the Committee are the official record of the meeting. The audio recording is intended to supplement the minutes for the purpose of an "on the record review" in a judicial proceeding. A DVD recording may also be prepared for the purpose of rebroadcast of the meeting on the City's public access cable channel. The following two requirements for"minute" preparation shall be adhered to: 1. All motions typed in capital letters. 2. List the names of the Committee Members after their vote on each motion. 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 5of10 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 Staff Liaison 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. 3. All audio and DVD recordings will be retained in accordance with the City's data retention schedule. 406: 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 Staff Liaison, in sufficient time prior to the meeting, to advise the question they intend to ask in order for the Staff Liaison to attempt to bring the additional information to the 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 Secretary 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. 6of10 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 in the Council Chambers. When individuals abuse their rights to be present, the presiding officer, subject to overrule by the Committee, can order their removal from the room. 407: PUBLIC HEARING FORMAT. Public Hearings shall be conducted in the following manner: 1. The presiding officer announces the agenda item that is the subject of the public hearing. 2. It is the intent of the 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 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 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 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. • Members of the public, interested parties or their authorized representatives may address the Committee orally. If the speaker intends to present written or hard copy materials to support their presentation to the Committee, they must provide the staff, at the time of their presentation or before, seven (7) copies of the original for distribution to Committee members and City staff. If the materials are lengthy the members may not have sufficient time to review the materials during the presentation; please consider providing materials in advance to allow the members sufficient time for review. 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 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 shouldmust be submitted to the staff by 12:00 p.m. noon of the day of the meeting. The City will use best efforts to play audio or video presentations, however, if there are technical or other issues the City will not disrupt a meeting in order to play the presentation. 7of10 All materials including audio and video presentations are subject to the presiding officer's judgment relating to timeliness and relevance.'s • If unable to attend the meeting, members of the public, interested parties or their authorized representatives may submit written comments and supporting materials. Seven (7) copies of the comments and materials must be submitted to the City staff prior to the Committee meeting. The comments and materials will be distributed to Committee members and City staff. The written comments and materials will become part of the record, but will not be read aloud at the meeting • If unable to attend a meeting, members of the public, interested parties or their authorized representatives may submit testimony to the 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 seven (7) copies to the City staff at least seven (7) calendar days prior to the meeting in order to allow staff an opportunity to view the presentation and prepare a written summary. The recorded testimony and summary prepared by the staff will be provided to the Committee as part of their Committee agenda package. The audio or visual communication may be used by individual Committee members in preparation for the Committee meeting, but will not be played during the meeting. The presentation and the summary will become a part of the public record. Generally, Committee agenda packages are distributed to members of the Committee three (3) days prior to the meeting. 17.7. After all persons have been heard, the presiding officer will ask whether there are any other persons in attendance who want to be heard on the matter pending. The presiding officer will explain that the Committee is going to deliberate and that the Committee may not take any additional public comment prior to closing the hearing and taking action. The presiding officer will then ask one more time whether there are any other persons in attendance who want to be heard on the matter pending. 8. The Committee addresses the subject matter through deliberation. The Committee may ask questions of the staff and City Attorney. 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. 8-.9. Once deliberations are complete'{there is no other te6tffiM .,.,, the presiding officer requests a motion. There are two (2) 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 Staff Liaison and the Committee, shall select and announce a time and date certain for the continued public hearing. No additional publication or notice 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. mntinn and a se6 Rd to feFrnall y put e "'�'rr'atterb re the Gemmitteee.The- 8 of 10 eXGept for the sole purpose of askiR9 a question that GaR be aRsweFed by a "yes" GF 11 -R8'response. I[SS3] 109. If the public hearing has been closed, rather than continued until a date certain, the Committee may take action on the subject matter. 408: QUORUM AND VOTING: At each meeting a majority of all the members appointed,— (e.q. three out of five, four out of six)at least throe out of five shall constitute a quorum for the transaction of business. The voting options available to the Committee when a vote has been initiated are: aye (affirmative); nay (negative vote); and a qualified abstention. When a vote is to be taken, the presiding officer shall first call for the ayes, then the nays, and if applicable, shall call for abstentions. The votes of each member shall be recorded in the minutes. If a member of the Committee is absent during a vote, the member's vote for the official minutes shall read as "absent". 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 Staff Liaison 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 City Council and shall advise the City Council on matters identified in Section 100 or as assigned to the Committee. The Committee Chair shall give an accounting of the Committee's activities with respect to its goals and objectives before the City Council. Additionally, specific powers, duties and responsibilities may be assigned to the Committee upon approval of the City Council. 602: SUBCOMMITTEES: The Committee may divide its membership into subcommittee, as it deems necessary to implement its goals and objectives. 9of10 SECTION 700: AMENDMENTS 701: AMENDMENTS: These bylaws shall be reviewed by the Committee annually. The Committee may recommend revised Bylaws to the City Council for final approval. 10 of 10 COMMUNICATIONS AND TECHNOLOGY ADVISORY COMMITTEE BYLAWS Adopted February 6, 2006 Amended November 5, 2007 Amended November 17, 2008 Amended October 19, 2009 Amended January 3, 2011 Amended January 13, 2014 Amended January 12, 2015 SECTION 100: PURPOSE 101: The purpose of the Communications and Technology Advisory Committee bylaws is to provide a set of operating procedures for the Committee, and to establish a code of ethics and conduct. 102: The Bylaws shall be reviewed annually by the Communications and Technology Committee, and any changes or amendments agreed to by a majority vote of the Committee shall be recommended to the City Council for adoption at its annual meeting. The City Council conducts its annual meeting at the first meeting in January of each year. SECTION 200: STRUCTURE OF COMMITTEE 201: COMMITTEE CREATED: The Prior Lake Communications and Technology Advisory Committee is created for the City, its purpose to be of an advisory nature to the City Council and staff on issues related to communications and technology. The members of the Communication and Technology Advisory Committee shall elect officers in accordance with the procedures of paragraph 206 herein. 202: DUTIES OF THE COMMITTEE: The duties of the Communications and Technology Advisory Committee are as follows: 1. Review and comment on communications and technology plan and budget. 2. Monitor progress of implementation of the communications and technology plan. 3. Provide suggestions for enhancements of communication and technology tools to be used. 4. Make recommendations for enhancing technology to improve the City's relationship and communication with the public in day-to-day business affairs. 5. Make suggestions for ways to promote community pride, identity and image. 6. Suggest modifications to cable television guidelines. 203: APPOINTMENT: The Committee shall consist of at least five (5) members and no more than seven (7) members as determined and appointed by the City Council. Only residents of the City who are at least 18 years old shall be considered for appointment. Said members shall serve three (3) year-terms beginning November 11 and ending October 31St. The Committee shall be representative of the citizens who live in Prior Lake. Committee members may serve additional terms upon approval by the Prior Lake City Council, based upon satisfactory attendance and participation, continued residence within the corporate limits of the City of Prior Lake, and in accordance with the term limit policy established herein. Committee members may be appointed at any time throughout the year. If a Committee member is appointed at any time other than the standard City appointment process in 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. 1 of 10 204: COUNCIL LIASION: Annually the City Council will appoint a Council member to serve as a Liaison between the Council and the Communication and Technology Advisory Committee. The role of the Liaison is to act as a conduit and resource for information by and between the Council and the Communication and Technology Advisory Committee and the Communication and Technology Advisory Committee and the Council. The Liaison shall make periodic reports to the Council on the activities of the Communication and Technology Advisory Committee. The Liaison shall communicate any Council input on a particular issue to the Communication and Technology Advisory Committee. The Liaison shall not participate in the discussion or deliberation of any matter pending before the Committee, except where the Communication and Technology Advisory Committee is meeting in a study or work session. The Communication and Technology Advisory Committee, at its discretion, may ask the Liaison whether the Council has discussed the subject under consideration and the nature of the discussion. The Liaison shall never use this occasion as an opportunity to communicate their personal position regarding the matter under consideration. A Liaison may always testify or submit written comments at a Public Hearing in their capacity as a private citizen so long as they make clear at the beginning of their testimony or their written comments that they are speaking on their own behalf and not on behalf of the Council. 1206: VACANCIES: If an appointed member of the 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_ VasaRGies- 1 Applications are solicited. A notice of the vacancy is made public and individuals may be encouraged to consider the position. The notice shall state the deadline for submitting applications. 2 Screening Committee. The City Manager or his designee, the City Council liaison to the committee the staff liaison to the committee and one member of the committee appointed by maiority vote of the committee shall serve as the Screening Committee. An individual subject to re-appointment may not sit on the screening committee. 3 Appointment. The Screening Committee shall interview all candidates who have applied for appointment or reappointment and make a recommendation to the City Council. The recommendation of the Screening Committee will be presented to the City Council. The Council may accept or refect the recommendation. If the recommendation is reiected, the City Council may appoint another individual or reopen the application period and invite new candidates to apply. as_u 206: OFFICERS: The Communication and Technology Advisory Committee shall elect from among its members a Chair, and a Vice-Chair. The Staff Liaison shall serve as Secretary of the Committee. 1. Chair: The Chair shall be elected at the first meeting in November by majority vote of the Committee members present at the meeting. The term of the chair shall begin in November and run for onet#ree years. The duties of the chair shall include approval of meeting agendas, presiding at meetings, and giving an accounting of its activities and any information the Committee may consider relevant before the City Council annually or as directed otherwise. 2of10 2. Vice-Chair: The vice-chair shall be elected 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. 3. Secretary: The Secretary shall be responsible for recording and compiling a written summary of all official activities of the Committee. 4. Vacancy: If the office of Chair or Vice-Chair becomes vacant, the 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 to the Communication and Technology Advisory 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 Communication and Technology Advisory Committee may be removed from office for just cause by a four-fifths (4/5) vote of the entire City Council. Just cause includes but is not limited to the following: (i) failure to attend a minimum of 75% of meetings; (ii) failure to attend site visits/inspections; (iii) failure to review and understand agenda materials; (iv) failure to participate in an appropriate and productive manner: and (v) failure to continue to meet any requirement set forth in Section 203. - Pri, o Lam 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. 3of10 • 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 Committee member shall orally inform the Committee 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 4of10 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, staff and others designated by the Committee, 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: AGENDA AND MEETING FORMAT: Business of the meeting will be conducted according to the Agenda prepared by the Staff Liaison. A memo, report, or brief explanation of each agenda item shall be included in the 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. Roll Call 3. Approval of Minutes 4. Hearings 5. Old Business 6. New Business 7. Announcements/ Correspondence 8. Adjournment 405: MINUTE PREPARATION. The Staff Liaison is responsible for the preparation of the minutes of the meeting. The meeting proceedings will be audio-recorded and written minutes will be prepared. The written minutes of the meeting as approved by the Committee are the official record of the meeting. The audio recording is intended to supplement the minutes for the purpose of an "on the record review" in a judicial proceeding. A DVD recording may also be prepared for the purpose of rebroadcast of the meeting on the City's public access cable channel. The following two requirements for"minute" preparation shall be adhered to: 1. All motions typed in capital letters. 2. List the names of the Committee Members after their vote on each motion. 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 5of10 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 Staff Liaison 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. 3. All audio and DVD recordings will be retained in accordance with the City's data retention schedule. 406: 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 Staff Liaison, in sufficient time prior to the meeting, to advise the question they intend to ask in order for the Staff Liaison to attempt to bring the additional information to the 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 Secretary 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. 6of10 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 in the Council Chambers. When individuals abuse their rights to be present, the presiding officer, subject to overrule by the Committee, can order their removal from the room. 407: PUBLIC HEARING FORMAT. Public Hearings shall be conducted in the following manner: 1. The presiding officer announces the agenda item that is the subject of the public hearing. 2. It is the intent of the 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 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 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 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. • Members of the public, interested parties or their authorized representatives may address the Committee orally. If the speaker intends to present written or hard copy materials to support their presentation to the Committee, they must provide the staff, at the time of their presentation or before, seven (7) copies of the original for distribution to Committee members and City staff. If the materials are lengthy the members may not have sufficient time to review the materials during the presentation; please consider providing materials in advance to allow the members sufficient time for review. 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 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 shouldst be submitted to the staff by 12:00 p.m. noon of the day of the meeting. The City will use best efforts to play audio or video presentations, however, if there are technical or other issues the City will not disrupt a meeting in order to play the presentation. 7of10 All materials including audio and video presentations are subject to the presiding officer's judgment relating to timeliness and relevanceJrss21 • If unable to attend the meeting, members of the public, interested parties or their authorized representatives may submit written comments and supporting materials. Seven (7) copies of the comments and materials must be submitted to the City staff prior to the Committee meeting. The comments and materials will be distributed to Committee members and City staff. The written comments and materials will become part of the record, but will not be read aloud at the meeting • If unable to attend a meeting, members of the public, interested parties or their authorized representatives may submit testimony to the 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 seven (7) copies to the City staff at least seven (7) calendar days prior to the meeting in order to allow staff an opportunity to view the presentation and prepare a written summary. The recorded testimony and summary prepared by the staff will be provided to the Committee as part of their Committee agenda package. The audio or visual communication may be used by individual Committee members in preparation for the Committee meeting, but will not be played during the meeting. The presentation and the summary will become a part of the public record. Generally, Committee agenda packages are distributed to members of the Committee three (3) days prior to the meeting. After all persons have been heard, the presiding officer will ask whether there are any other persons in attendance who want to be heard on the matter pending. The presiding officer will explain that the Committee is going to deliberate and that the Committee may not take any additional public comment prior to closing the hearing and taking action. The presiding officer will then ask one more time whether there are any other persons in attendance who want to be heard on the matter pending. 8. The Committee addresses the subject matter through deliberation. The Committee may ask questions of the staff and City Attorney. 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. 7-9. Once deliberations are completelf there is nn other test;Fn , the presiding officer requests a motion. There are two (2) 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 Staff Liaison and the Committee, shall select and announce a time and date certain for the continued public hearing. No additional publication or notice 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. DiSG616600R of the s6ibjeGt rnatteF of the publiG hearing by the Committee mntinn and a Rd to formally put the rAat4 Committee es ��er before � o. o�l�6mmTtee To. , «,� 8of10 91 n9" Fespense. i[SS3] 109. If the public hearing has been closed, rather than continued until a date certain, the Committee may take action on the subject matter. 408: QUORUM AND VOTING: At each meeting a majority of all the members appointed,— g.g. three out of five, four out of six) leasthreef five, shall constitute a quorum for the transaction of business. The voting options available to the Committee when a vote has been initiated are: aye (affirmative); nay (negative vote); and a qualified abstention. When a vote is to be taken, the presiding officer shall first call for the ayes, then the nays, and if applicable, shall call for abstentions. The votes of each member shall be recorded in the minutes. If a member of the Committee is absent during a vote, the member's vote for the official minutes shall read as "absent". 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 Staff Liaison 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 City Council and shall advise the City Council on matters identified in Section 100 or as assigned to the Committee. The Committee Chair shall give an accounting of the Committee's activities with respect to its goals and objectives before the City Council. Additionally, specific powers, duties and responsibilities may be assigned to the Committee upon approval of the City Council. 602: SUBCOMMITTEES: The Committee may divide its membership into subcommittee, as it deems necessary to implement its goals and objectives. 9of10 SECTION 700: AMENDMENTS 701: AMENDMENTS: These bylaws shall be reviewed by the Committee annually. The Committee may recommend revised Bylaws to the City Council for final approval. 10 of 10 BYLAWS OF PRIOR LAKE ECONOMIC DEVELOPMENT AUTHORITY Gal�serslsm�sa�ea9esktsa�€BA�ylaws�e+se�tembeF2aa2esx 1 of 16 BYLAWS OF PRIOR LAKE ECONOMIC DEVELOPMENT AUTHORITY Amended January 3, 1995 Amended January 2, 1996 Amended February 20, 1996 Amended October 21, 1996 Amended December 21, 1998 Amended April 16, 2001 Amended March 19, 2007 Amended October 18, 2010 Amended September 24, 2012 Amended January 12, 2015 ARTICLE 1. NAME AND PURPOSE: 1.1 The Prior Lake Economic Development Authority (EDA) is a public body politic and a political subdivision of the State of Minnesota. The EDA shall have all the powers, duties, responsibilities and lim- itations provided for in Minnesota Statutes Section 469.090 to 469.108 which statutes are incorporated by reference as if fully set forth set forth herein and in the Enabling Resolution passed by the Prior Lake City Council creating the Economic Development Authority. The Enabling Resolution and these Bylaws may be amended by the City Council from time-to-time. 1.2 The business of the Economic Development Authority shall include but not be limited to: promot- ing growth, development and redevelopment of retail, commercial and industrial properties in Prior Lake; diversifying the City's tax base; providing tools and incentives to achieve the Economic Vision Element in the City's 2030 Vision and Strategic Plan; and providing an incubator to generate ideas and initiatives to support economic growth and vitality. 1.3 The affairs of the Economic Development Authority shall be conducted in accordance with these Bylaws. ARTICLE 2. OFFICES AND BOUNDARIES 2.1 The principal office of the EDA shall be in the City Hall of the City of Prior Lake, 4646 Dakota Street SE, County of Scott, and State of Minnesota. The EDA may also have offices at such other places as the commissioners of the EDA may from time to time designate or as the business of the EDA may require. 2.2 The territory in which operations of the EDA are principally to be conducted consists of the City of Prior Lake, Scott County, in the State of Minnesota. ARTICLE 3. BOARD OF COMMISSIONERS 3.1 APPOINTMENT AND TERMS. The Prior Lake Economic Development Authority shall consist of five (5) members. The five (5) member Authority shall be comprised of two (2) members of the City G-Uw&\Gmc.GabeQ&&ktoplE-D"laws rev 2 of-16 (Council and three (3) members appointed from the public all appointed by the City Council. The appeint . The public members initially shall be appointed for staggered terms of two, three and four years; and thereafter upon expiration of the initial term for four(4) year terms_—commencing on November 1 and concluding on October 31. Public mem- bers may be appointed at any time throughout the year. If a public member is appointed at any time other than October, the member shall begin service immediately upon appointment and shall serve as if appointed in the previous October, serving three full years and a partial year. The City Council members appointed to the Authority shall serve four(4)-year terms that coincide with their term of office. Mem- bers of the EDA are not term limitedissil 3.2 CRITERIA FOR NON-COUNCIL APPOINTMENTS. Members of the public appointed to serve on the EDA must have relevant b ��ss experience in: the private sector, business development or rede- velopment, business retention, business management, real estate, project management, planning, fi- nancing and/or familiarity or experience working in the public sector. PreferFed Gandi aces should have a work histopy that a management and deGiGiGR making pesitiOR. The individual should have experience working in a team environment, have good communication and problem-solving skills and have the time and creativity to serve and actively contribute as a commissioner. 3.3 ELIGIBILITY FOR NON-COUNCIL APPOINTMENTS 3.3.1 To be eligible to serve on the EDA, an individual must either: 3.3.1.1 Be a resident of the City; or 3.3.1.2 Be in a management position at or hold a controlling financial interest inHold-a a business located within Prior Lake. 3.4 VACANCY. If an appointed member of the EDA resigns is terminated or otherwise vacates a seat of the EDA the City Council may appoint a replacement in the following manner: All VaGandes on the EDA shall be foiled by the Mayor and appFeved by the City GaunGil. A VaGa Greated iR the EDA whe . a oneFiS RG longer eligible or able to serve or wheR the*F teFFn Of OffiGe- make it *MP966ible f9F a K W GORtinue tG serve. Removal foF 96 a majority vote Mayor shall appoint an iRdividual to sewe with the approval of the Gity Go 3.4.1 Applications are solicited A notice of the vacancy is made public and individuals may be encouraged to consider the position. The notice shall state the deadline for submitting applications. 3.4.2 Screening Committee The City Manager or his designee, the EDA liaison to the Committee the staff liaison to the Committee, and one member of the Committee appointed by majority vote of the Committee shall serve as the Screening Commit- tee An individual subject to re-appointment may not sit on the screening commit- tee. 3.4.3 Appointment The Screening Committee for EDA vacancies shall narrow the can- didates down to up to three (3) finalists per vacancy. The names of applicants are private data Once finalists have been selected the names of the finalists become public data The finalists shall be interviewed by the Council and allowed to make a five minute presentation regarding their qualifications and reasons for seeking the appointment Members of the Council may ask questions of the candidate, but the time used for questions will not be counted against the candidates five (5) mi- nute presentation The Mayor shall then appoint one of the finalists and the Coun- cil shall vote on approval If the Council does not approve the finalist appointed by the Mayor, the Mayor may appoint one of the other finalists for Council approval or may reopen the vacancy to the public for new candidates.!]SS21 EAAUserslcrossabe\Be oKDA-byaw64ea'WtembeFz29?d 3 of 16 COURGil member the foil * g . �s should be used to fill the vaGaRGY: 3.4.1.1 The President of the EDAdenlares a YaGaRnv anal advisee the Mayor. 3.4.1.3 The Gity may also invite iRdividuals kROWR to them to submit aR appliGation. Gemmitteen 4.1.5 The SGreeRing Committee shall RaFFOW the non COURGil Gandidates te three (34- . fin lists Up to thus point the Rames of the applinonts have been "private data" and not available to the pub"G. The names of the fiRalists are "publiG data." The fiRalists shall be interviewed by the entiFe GeunGil and allowed to make a five Mi peiRtment. MembeFs of the COURGil may ask questions of the Gandidate, but the tame used for questiGRS will not be GGunted against the Gandidates five (5) Minute p es 3A.2 if a seat OR the autherity is vaGated by a member of the City COURGil either through death- er a less final reaE;GR, the seat will be filled by GRe of the three (3) remaining mernbers-of- 3.4.3 The iRdividual appeiRted to serve the balaRGe of the vaGated seat 9R the GE)URGil shall not be eligible to a'60 sepve the balaRGe of the unexpired term on the EDA-. 3.5 REMUNERATION AND REIMBURSEMENT. A commissioner, including the President, shall be paid a per diem for attending each regular or special meeting of the EDA in an amount to be determined annually by the City Council. The per diem may not exceed the per diem paid to the City Council. In ad- dition to receiving a per diem for attending meetings, the commissioners may be reimbursed for actual expenses incurred in doing official business of the EDA. Expense reimbursements must be reviewed and approved by the President and Executive Director of the EDA before they are submitted for payment. All money paid for compensation or reimbursement must be paid out of the EDA's budget. (Minn. Stat. 469.095, subd. 4). I3.6 REMOVAL OF COMMISSIONER: Any member of the EDA may be removed from office for iust cause by a four-fifths (4/5) vote of the entire City Council. Just cause includes but is not limited to the fol- lowing: (i) failure to attend a minimum of 75% of meetings; (ii) failure to attend site visitshnspections; (iii) failure to review and understand agenda materials (iv) failure to participate in an appropriate and pro- ductive manner; and (v)failure to continue to meet any requirement set forth in Article 3.Irss31 ARTICLE 4. MEETINGS AND NOTICE 4.1 REGULAR MEETINGS. The EDA shall establish a regular meeting schedule. There shall be not less than four nor more than 12 regular meetings per year. The EDA will conduct its meetings in the Prior Lake City Hall at 4646 Dakota Street SE. Prior Lake, Minnesota. Notice of all meetings, both regu- lar and special, shall follow the requirements of the Minnesota Open Meeting Law. 4.2 QUORUM. Three commissioners shall constitute a quorum for the purpose of conducting busi- ness. Commissioners are to notify the staff prior to the meeting if they are unable to attend. ber 2042.,desx —4 of 16 G;llseFs�CmscabelDeskteplEBA-byla..s,e;September.�^, 4.3 NOTICE. Whenever the provisions of an applicable statute or these Bylaws require "notice" to be given to any commissioner or officer, the provisions shall not be construed to mean personal notice un- less explicitly stated; notice may be given in writing by U.S. Mail, in a postage-paid, sealed wrapper, ad- dressed to the commissioner or officer at his or her address as appears in the books of the EDA, and the time when the notice is mailed shall be deemed to be the time of the giving of such notice. 4.4 SPECIAL MEETINGS. Special meetings of the Board of Commissioners may be called at any time by the President or, in his/her absence, by the Vice President or by any two (2) commissioners. No- tice of special meetings of the Board of Commissioners shall be given to each commissioner at least three (3) days prior to the meeting via telephone, telegram, letter or personal contact and shall state the time, place and business scheduled to come before the EDA. Public notice of a special meeting shall comply with the requirements of the Minnesota Open Meeting Law. 4.4.1 In the case of special meetings, the presence of any member of the Authority at a special meeting shall constitute a waiver of any formal notice of the meeting unless the commis- sioner attends for the specific purpose of objecting to the holding of such meeting. 4.5 CONDUCT OF BUSINESS AT MEETINGS. The agenda for a regularly scheduled meeting shall include the following in order of business: 4.5.1 Call to Order 4.5.2 Approval of Agenda 4.5.3 Approval of Meeting Minutes 4.5.4 Consent Agenda 4.5.5 Removed Consent Agenda Items 4.5.6 Public Hearing 4.5.7 Old Business 4.5.8 New Business 4.5.9 Other Business 4.5.10 Adjournment 4.6 PUBLIC HEARINGS. The EDA may be required by Statute to conduct formal public hearings on a matter which the EDA will ultimately decide. Public hearings required by Statute generally require no- tice and publication. Seek input from the Executive Director regarding publication and notice require- ments. The EDA may also decide to hold "informal hearings" from time to time to garner information from the public on matters of interest to the EDA. The format for conducting a formal public hearing is set out below. 4.6.1 The presiding officer announces the agenda item that is the subiect of the public hearing. 4.6.2 It is the intent of the EDA 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 hear- ings can be opened at their designated time The EDA 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. 4.6.3 Staff and/or a consultant make a presentation or report on the subject matter of the public hearing. 4.6.4 At the conclusion of any presentation or remarks by staff and/or a consultant, the presid- ing officer asks the EDA members if they have questions of the staff or consultant. 4.6.5 The presiding officer requests a motion and second from a member of the EDA to open the public hearing and calls for a vote. 4.6.6 The presiding officer declares the public hearing opened announces the time and then proceeds to ask for citizen input comments and questions. C�,\ 2.doG*— 5of 16 4.6.6.1 Members of the public, interested parties or their authorized representatives may address the EDA orally. If the speaker intends to present written or hard copy materials to support their presentation to the EDA, they must provide the staff, at the time of their presentation or before, nine (9) copies of the original for distribution to EDA members and City staff. If the materials are lengthy the commissioners may not have sufficient time to review the materials during the presentation; please consider providing materials in advance to allow the com- missioners sufficient time for review. The materials will be included in the pub- lic record. If the speaker intends to present audio or video materials to support their presentation to the EDA, 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 au- thor. The electronic materials should be submitted to the staff by 12:00 p.m. noon of the day of the meeting. The City will use best efforts to play audio or video presentations, however, if there are technical or other issues the City will not disrupt a meeting in order to play the presentation. All materials including audio and video presentations are subject to the presiding officer's judgment relating to timeliness and relevance. 4.6.6.2 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 EDA meeting. The comments and materials will be distributed to EDA members and City staff. The written comments and materi- als will become part of the record, but will not be read aloud at the meeting 4.6.6.3 If unable to attend a meeting members of the public, interested parties or their authorized representatives may submit testimony to the EDA using a prere- corded 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 (7) calendar days prior to the meeting in order to allow staff an opportunity to view the presentation and prepare a written summary. The recorded testimony and summary prepared by the staff will be provided to the EDA as part of their EDA agenda package. The audio or visual communication may be used by individual EDA members in prepara- tion for the EDA meeting but will not be played during the meeting. The presentation and the summary will become a part of the public record. Gener- ally EDA agenda packages are distributed to members of the EDA on the Wednesday preceding the meeting. 4.6.7 After all persons have been heard the presiding officer will ask whether there are any other persons in attendance who want to be heard on the matter pending. The presiding officer will explain that the EDA is going to deliberate and that the EDA may not take any additional public comment prior to closing the hearing and taking action. The presiding officer will then ask one more time whether there are any other persons in attendance who want to be heard on the matter pending 4.6.8 The EDA addresses the subject matter through deliberation. The EDA may ask questions of the staff and City Attorney. EDA 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. 4.6.9 Once deliberations are complete the presiding officer requests a motion. There are two (2) possible motions, seconds and votes: gesktop\E[)A bylaws „co..+embeF 2n1 6 of 16 • 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 EDA members shall select and announce a time and date certain for the continued public hearing. No additional publication or notice 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. 4.6.10 If the public hearing has been closed rather than continued until a date certain, the EDA may take action on the subject matter. 4.6.1 The PresodeRt or presidiRg GffiGeF Gf the EDA announGes the agenda item that is the sub- 4.6.2 The EDA shall open all publiG hearings at the tome the publiG hearing n0tiGe�-- opened at theiF de6ignated tame The EDA may delay the 6tart of a hearing unto! the p 4.6.3.1 Staff andlor a Gonsultant provide the GO with a preseRtation oF r pFesidiRg OffiGer a6k6 the EDA members if they have que6toORS of the staff OF GOR suItant. 4.6.3.3The presiding OffiGeF requests a motion and seGond from aR EDA membeF to op addFess the F=DA orally. if the speakeF intends to present written or hard Gopy ma terial6 to support their presentation to the EDA, they must pFovide the 6taff, at the tome of their pFesentatien oF before, GC)pies of the original for distribution to GOM , Gity staff, F=DA Attorney and the ReGGFding SeGretaFy. The materials tron*r,format that iS GOMpatible with the , s existing equipment. AR audio OF video presentation may RE)t introdUGe tesfimony from any peFSOR otheF than the a6itheF. The eleGtreniG materials MU6t be submitted to the staff by 12:00 RE)OR Gf the day of the meeting. 4.6.3.6 Written MateFAals. if WRable to attend the meeting, membeFs ef the pUbk, iRter- Gll�seFslccaabelBesktoplEBA-�ylawsrev � h 'n}�,. 7 of 16 SUPPE)FtoRg FnateFials. Nine (9) GGpies of the GE)FnFneRts and materials must be sub teR GOMmeRtS and materials will beGGme paFt of the FeGeFd, but will not be read ale„i# at the meeting City's4 6.3.7 ReGer-ded mateFials and testimoRy if unable to atteRd a meeting. . Members of the GOMMURiGation must be on aR e!eGtFGn4G format that 06 GOrnpatible with the from any per-sen eGt r than the autheF. The authnr of the ecGor-ded testimen'ry-i ust- provide nine (9) GOpies to the Gity staff at least seven (7) GaleRdar days pF;E)F to the , equopment to make GeFtaiR theFe are RG teGhn!Gal diffiGUIties with the equipment. it the City to aetPFFn1nG GOMp tihilitri The (`'t i department resnonsihle far 4he The FeGGFded testiMORY and a summaFy will be provided to the EDA as part of its regulaF agenda paGkage. The preseRtation and the summary will beGeme a part of hre rdn t reGOrdedTestimeny; inGI ,i-ding h,h net limited to: the length of the testi_ , equipment, the use Of language OR the FeGGFdiRg and whetheF the agenda paGkages are distFibuted to membeFs of the EDA three to five GalendaF days nreneding the meeting 4.6-2-8- After all per-SOR6 have beeR heaFd, the presidiRg OffiGer will ask tWiGe whetheF peRdiRg. If there iS RG other testimony, the presidiRg OffiGeF will Feque6t: 46' 3 8.1 4 motion and enend to Giese the n,�hliG hearing Onne the Grote , the reGerrd the time the n,,hliG hearing is Gleser•d• er mem- bers, aleranrd anne„nGe a time aR d date veFt`ain foF#the GORfiR- the sole purpose of asking a question that Gan be answered by a� shallt caiv The EDA may ask que6tiGR6 of the staff. if the pUbliG heaFiRg has been Glosed "yes" n OF re CUsere&s,, abegesM ,dosx 8 of 16 A r 3 1 The nresidinn Offiner,e,il1 Gall upon eanh member of the ED.A for their c-prc�ramg-vmvc� cuv�rrrrcn�ncrvrcrrc-curt ivi zrrcn 4.6.3.10 if the publiG hearing has been Glosed, rather than Gentinued until a date Gerta4p, the EDA may take antien on the subieeGt mat '[SS4] 4.7 VOTING. All qualified members of the EDA shall have equal voting authority. 4.8 CONSENT AGENDA. 4.8.1 With the adoption of these Bylaws, a Consent Agenda is created. The purpose of the "Consent Agenda" is to group items of a routine and non-controversial nature for consider- ation under one motion. There will be no separate discussion of items placed on the Con- sent Agenda. If discussion of an item on the Consent Agenda is desired, any member of the EDA may request the item be removed from the Consent Agenda and considered sep- arately. 4.8.2 The Executive Director shall determine what items may be considered routine and non- controversial; and therefore appropriate for inclusion as a Consent Agenda item. To pro- vide the Executive Director with guidance, the following types of items tend to be routine and non-controversial: grant deeds, grants of easements, quarterly budget report, treas- urer's report, calls for bid, reports of administrative actions and proposals, leases and agreements previously approved in principle, setting dates for public hearings, approval of payment of contracts, approval of denial of claims, award of bids, and other items of a like nature that the Executive Director considers routine and non-controversial. 4.8.3 The EDA Agenda sheet shall include the following statement: "Those items on the EDA Agenda which are considered routine and non-controversial are included as part of the Consent Agenda. Unless the President or an EDA member specifically requests that an item be on the Consent Agenda be removed and considered separately, Items on the Consent Agenda are considered under one motion, second and a roll call vote. Any item removed from the Consent Agenda shall be placed on the EDA agenda under 'Removed Consent Agenda Items"'. ARTICLE 5. OFFICERS, DUTIES AND RULES 5.1 OFFICERS. The officers of the EDA shall have the usual duties, responsibilities and powers as- sociated with their office. 5.2 DUTIES. The EDA shall elect a president, a vice-president, a treasurer, a secretary, and an as- sistant treasurer annually at the first meeting of the year. A commissioner must not serve as president and vice-president at the same time. The other offices may be held by the same commissioner. The of- fices of secretary and treasurer need not be held by a commissioner. 5.3 The treasurer shall receive and is responsible for all EDA money; shall keep an account of the source of all receipts, and the nature, purpose and amount of all disbursements; and shall file the EDA's detailed financial statement with its secretary at least once a year at times set by the EDA. The assistant treasurer shall have the powers and duties of the treasurer if the treasurer is absent or disabled. 5.4 The treasurer shall give bond to the state conditioned for the faithful discharge of official duties. The bond must be approved as to form and surety by the EDA and filed with the secretary. The bond Sesserdeme-.abe A bylaws rev Septernbar-2042 —9 of 16 must be for twice the amount of money likely to be on hand at any one time, as determined at least annu- ally by the EDA, provided that the bond must not exceed $300,000. (Minn. Stat. 469.096) ARTICLE 6. FINANCE AND ADMINISTRATION. 6.1 EDA money is public money. The monies of the EDA shall be deposited in the name of the EDA in such bank or banks as the Board of Commissioners shall designate. 6.1.1 The EDA is a political subdivision separate and distinct from the City. 6.1.2 The City has established separate funds for EDA money and the EDA will have access only to current EDA-related accounts. 6.1.3 The EDA has its own budget and the EDA will be responsible for developing its budget. 6.1.4 Although the EDA has the power to issue debt instruments, it may not do so without ap- proval from the City Council. 6.2 An EDA check must be signed by the treasurer and one other officer named by the EDA in a res- olution. The check must state the name of the payee and the nature of the claim that the check is issued for. (Minn. Stat. 469.096) 6.3 The nature, number and qualification of the staff required by the EDA to conduct its business ac- cording to these Bylaws shall be annually determined by the EDA. Any contract shall set forth in reason- able detail the nature of the services to be provided to the EDA, and the cost basis for such services and the payment to be made by the EDA. The EDA shall use the City's standardized contract. 6.4 The books and records of the EDA shall be kept at the EDA office in the treasurer's office in City Hall at the City of Prior Lake, Minnesota. 6.5 The EDA's detailed financial statement must show all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the EDA's credits and assets, and its outstanding liabilities in a form required for the City's financial statements. The EDA shall examine the statement together with the treasurer's vouchers. If the EDA finds that the statement and vouchers are correct, it shall approve them by resolution and enter the resolution in its records. ARTICLE 7. DEPOSITS, DEFAULT, COLLATERAL 7.1 Every four(4) years the EDA shall name a national bank with offices in the seven-county metro- politan area or a state bank to act as the official depository of the EDA. Before acting as a depository, a named bank shall give the EDA a bond approved as to form and surety by the EDA. The bond must be conditioned for the safekeeping and prompt repayment of deposits. The amount of bond must be at least equal to the maximum sums expected to be deposited at any one time. 7.2 When EDA funds are deposited by the treasurer in a bonded depository, the treasurer and the surety on the treasurer's official bond are exempt from liability for the loss of the deposits because of the failure, bankruptcy, or other act or default of the depository. However, the EDA may accept assignments of collateral from its depository to secure deposits just as assignments of collateral are permitted by law to secure deposits of the City. (Minn. Stat. 469.099) ARTICLE 8. ANNUAL REPORT AND BUDGET GAU8K�GmccabeQesktaOFQA bylaws rev Septenter 4n4 -- 10 of 16 8.1 An EDA shall not levy a tax or special assessments, except as otherwise provided in Minn. Stat. 469.090 to 469.108, pledge the credit of the City or incur an obligation enforceable on property not owned by the EDA, without the prior formal consent of the City Council. 8.1.1 Notwithstanding the foregoing, the EDA may not (1) issue any debt obligation or(2) incur any debt beyond the amount budgeted in the current year without the prior approval of the City Council. 8.2 Annually, at a time fixed by resolution or ordinance of the City, the EDA shall send its budget to the City Council. The budget must include a detailed written estimate of the amount of money that the EDA expects to need from the City to do EDA business during the next fiscal year. The needed amount is what is needed in excess of any expected receipts from other sources. The EDA budget shall be de- veloped and prepared using the format and procedure used by all City departments. 8.3 The fiscal year of the EDA shall be the same as the fiscal year of the City. 8.4 Annually, or as may be required by City Council, at a time and in a form fixed by the City Council, the EDA shall make a written report to the City Council giving a detailed account of its activities and of its receipts and expenditures during the preceding calendar year, together with additional matter and recom- mendations it deems advisable for the EDA to apprise the City of. 8.5 The financial statements of the EDA must be prepared, audited, filed and published or posted in the manner required for the financial statements of the City. The financial statements must permit com- parison and reconciliation with the City's accounts and financial reports. The report must be filed with the state auditor by June 30 of each year. The auditor shall review the report and may accept it or, in the public interest, audit the books of the EDA. 8.6 At the request of the City or upon the auditor's initiative, the state auditor may make a legal com- pliance examination of the EDA including the salaries paid to the examiners while actually engaged in making the examination. The state auditor may bill monthly or at the completion of the audit. All collec- tions received must be deposited in the general fund. (Minn.Stat. 469.100) ARTICLE 9. POWERS 9.1 The Board of Commissioners may exercise all powers of an EDA and do all such lawful acts and things as are authorized pursuant to Minnesota State Statutes, Sections 469.090 to 469.108, the Ena- bling Resolution and these Bylaws. 9.2 The EDA may exercise all of the powers contained in the Housing Act, Minnesota Statutes, Sec- tions 469.001 to 469.047. 9.3 The EDA may exercise all of the powers of an Agency contained in the Development Act, Minne- sota Statutes, Sections 469.124 to 469.134. 9.4 The EDA may exercise all of the powers of a redevelopment agency contained in the Industrial Bond Act, Minnesota Statutes, Sections 469.152 to 469.165. 9.5 The EDA may exercise all of the powers of a city contained in the Housing Finance Act, provided authorized to do so by ordinance of the City Council pursuant to Section 462C.02, Subdivision 6 of the Housing Financing Act. 9.6 The EDA may exercise all of the powers of an authority contained in the Tax Increment Act, Min- nesota Statutes, Section 469.174 to 469.179. SseFslcross2belBeskte Ana �y�eptem�er_2p�2,�lesx - 11 of 16 9.7 The EDA may exercise such powers as may be contained in other laws applicable to economic development authorities or housing and redevelopment authorities not specifically described herein. The officers have the usual duties and powers of their offices. They may be given other duties and pow- ers by the EDA. ARTICLE 10. LIMITATION OF POWERS 10.1 All official actions of the EDA must be consistent with the adopted Comprehensive Plan of the City and with any official controls adopted by the City Council to implement the Comprehensive Plan to the extent available. 10.2 Budget. The EDA annual budget shall be approved by the City Council. 10.3 All powers of the EDA shall be consistent with the Enabling Resolution. 10.4 If there is a question with respect to EDA final authority, the City Council shall be deemed to be the final authority. ARTICLE 11. STAFF 11.1 The City Manager shall serve as the Executive Director to the EDA. 11.2 The EDA may employ a chief engineer, other technical experts and agents, and other employees as it may require and determine their duties, qualifications and compensation. (Minn. Stat. 469.097, subd. 1). 11.3 The EDA may contract for the services of consultants, agents, public accountants, and other per- sons needed to perform its duties and exercise its powers. (Minn. Stat. 469.097, subd. 2) 11.4 The City Attorney is the chief legal advisor to the EDA. (Minn.Stat. 469.097, subd. 3) 11.5 The EDA may purchase the supplies and materials it needs to carry out Minn. Stat. Sections 469.090 to 469.108. (Minn. Stat. 469.097, subd. 4) 11.6 The EDA shall use the facilities of its City's purchasing department in connection with construc- tion work and to purchase equipment, supplies, or materials. (Minn. Stat. 469.097, subd. 5) 11.7 The City may, to the extent available, furnish offices, structures, space, clerical, engineering or other assistance to the EDA. The City may charge the EDA for such services. (Minn. Stat. 469.097, subd. 6) 11.8 The EDA may delegate to one or more of its agents or employees powers or duties as it may deem proper. (Minn. Stat. 469.097,subd. 7) ARTICLE 12. SEAL 12.1 The official seal of the EDA shall be the same as the official seal of the City of Prior Lake. ARTICLE 13. INSURANCE G-A 12 of 16 13.1 The EDA shall obtain a written opinion from the LMCIT regarding insurance coverage issues. The EDA shall purchase and maintain insurance as recommended by the LMCIT to cover the activities of the EDA including its commissioners, officers, employees, agents and attorney. ARTICLE 14. AMENDMENT OF BYLAWS 14.1 Recommendations from the EDA to alter, amend, add or repeal any portion of these Bylaws may be accomplished by a majority vote of the commissioners entitled to vote at any meeting, as long as the notice of the meeting or agenda for the meeting contains notice and statement of the proposed altera- tion, amendment or repeal. Notice of any alteration, amendment or repeal of the Bylaws shall be given in writing to each commissioner at least ten (10) days prior to the meeting at which said proposed altera- tion, amendment or repeal will be considered. 14.2 Once the EDA passes a recommendation to alter, amend, add or repeal any portion of these By- laws, the EDA shall forward the recommendations to the City Council for its approval. ARTICLE 15. MISCELLANEOUS 15.1 EDA meetings shall be governed by these Bylaws and Roberts Rules of Order. 15.2 Roberts Rules of Order were developed to assure the orderly conduct of meetings. The rules best lend themselves to parliamentary type meetings, but have been adopted by units of local govern- ment across the country. In many respects the rules of procedure can be arcane and not easily imple- mented by a body such as the EDA. Roberts Rules are adopted here as a framework to assure that meetings are conducted with order and a general respect for the views expressed by all the EDA mem- bers. When a question of parliamentary procedure presents itself, the Chair, in consultation with the City Attorney, will rule on the question. If Roberts Rules are inaccurately applied, the decision of the EDA shall not be invalidated or otherwise set aside. PARTICLE 16. STATEMENT OF ETHICSCODE OF CONN GT ARID CONFLICT A1C !NTERECT 16.1 POLICY STATEMENT: The City of Prior Lake recognizes our system of democratic representa- tive 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. 16.1.1 The City of Prior Lake finds that the proper operation of democratic representative govern- ment requires that: • Elected and appointed officials be independent, impartial and responsible to the peo- ple, • Governmental decisions and policy are made in the proper channels of the govern- mental structure; • Public office and position not be used for personal gain; and • The public have confidence in the integrity of its government. 16.1.2 The City of Prior Lake shall adhere to the highest ethical standards that enhance the pub- lic trust in local government by: • Creating transparency in its actions through honest and open communication; G4U&e%l� &ktggED�4c�y cel�O1-2,desx 13 of 16 • 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. 16.1.3 This Statement of Ethics shall be liberally construed in favor of protecting the public's in- terest in full disclosure of conflicts of interest and promoting ethical standards of conduct. 16.2: ETHICS IN GOVERNMENT: Minnesota Statutes, Chapter 10A, Ethics in Government, is incor- porated herein by reference. This policy shall be construed and interpreted in consultation with the City Attorney according to Minnesota Statutes and case law. 16.3: GIFTS AND FAVORS: No public official shall accept any valuable gift, favor or thing of value, re- gardless 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. 16.4: USE OF EQUIPMENT AND FACILITIES: No public official shall request or permit the unauthor- ized use of City-owned vehicles, equipment, materials, property, labor or services for personal convenience or profit. 16.5: 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) 16.6 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. 1306.1 Advise the City Attorney of the potential conflict of interest as soon as possible, preferably before the meeting: and 1306.2 The City Attorney shall determine whether a disqualifying conflict of interest exists. 1306.3 Any commission member shall orally inform the EDA of the potential conflict and abstain from any participation in that agenda item if a conflict is determined to exist. 16.7: 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 out- come is to ensure that their decision will not be an arbitrary reflection of their own selfish inter- ests. 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 fac- tors 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 offi- cials will not act arbitrarily to further their selfish interests. 16.1 PG'iGy Statement. QuF dernaGFafiG systern of government depends, On IaFge measure, on people having trust and GGRfidenGe in th8 iRst4utions of government and In eleGted and appointed OffiGials whe Sll4sers\cmceabelB�A-41awsrev eptember 2012.doGx 14 of 16 shoulder the mantle ef p6ib'*G 6eFV*Ge. The publiG har, a right to expeGt that individuals, who either by eleGtiGR oF appGiRtmeRt have the pFivilege to sepve iR pUbliG OffiGe, will held the Fesponssibilities of their has pledged to upheld the gea!6 of fair, effiGment and hE)Re6t gevernment and to hold it6 publiG effiGials te the highest standards of integrity and objeGtiVety in the b6i6iness brought befoFe thern. 16.2 The Gity ef PFier Lake find6 that the propeF operatien of governmeRt Fequire6 eleGted and ap pointed OffiGial6 to be independent, impaFtial and re6pon6ive to the publiG; and 16.3 Government deGirsiGRs and the Greatk)n Of PGIOGY must be Fnade thFough the proper govemment 6 16.4 PubliG OffiGe shall never be used for per-seRal gain; and 16.5 The eleGted and appOiRted Offlr--*;-;'R- whe 6ep,;e the Qty of Prior Lake shall adhere to the hi~ 16.5.1 GFeating tFanspaFeRGY through honest and open GOMMUniGation; 16.5.2 Ba6ing all deGiSiGRs and adGpt4Rg all publiG p0liGies based OR what the best *RteFe6t- not the en4ire rnmm,,nity• , 16.5.3 Supporting the publOG'S Fight to kROW the publiG's , publiG; and City'stigRal values that ref!eGt high standards and GuFFeRt GORditions and GGRGe 16.6 The GondUGt. ARTICLE17. GIFTS AND FAVORS Value,17.1 No publiG OffiGial 6hall ar.Gept any gift, favGr oF thiRg of value, regardle6s of the amount or whether On the form of m loan, thong or promise to do oF fE)Fegc) doing 6ornetNRg, fFam afW- whatsoever in h,,sineoo dea'inne with the Gi4v 17i—I ISF=OF EQUIPMENT AND FACILITIES equi , INTEREST, , mateFial6 .17.3 CONFLICT OF 17.3.1 E)(Gept as authGFezed OR MiRR. Stat. 471.98, a pUbliG OffiGeF WhO is authorized to take p who in the doGGhar-ge Of OffiGial duties would be required to take aR aGtiOR or make a d , must take the following aGt G;luserslcaassabelBesktplEB 15 of 16 17.3.2.1 Adv*se the City AttGFRey of the potential GORfl*Gt Of iRterest as soon as ble preferably before the meeting• and vr�., , 17.3.2.2 e City Attomey shall determine whether a y disqualifyring Gonfliat of interest- ex siT 17.4 The PuFpese behind the Greatm9R of a rule, WhiGh would disqualify p6lbloG OffiGials from part!Gl tied geReFal rule as to whether SUGh an iRteFe6t will disqualify an OffqGpal. EaGh Gase must be de6ded OR the bases of the paFfiGWlar faGt6 preseRt. Among the relevant faGtOFS that should be GeRsidered 4R Fri this determination are: (1) nature of the deGi6mon being made; (2) the nature of the peGURiaFy mRteFe6t; (3) , that sep,;e to unswe that the OffiGials will not aGt aFbotFaruly to further theiF selfish *RteFests-. 17.5 MISUSE OF OFFICIAL POSITION. No eleGted or appeoRted OffiGial may use his OF her offm position fGF a purpose that is, or would to a Feasonable peFSOR appear to be primarily for the private ben efit of the offinial 17.6 The City's Gode Of C;GRdUGt and StatemeRt of EthiGr,, shall be liberally GGnstFued 'R faVGF of PFG- GOndLIGt. [SS51 bylaws tea eF2p1MOG 16 of 16 CITY OF PRIOR LAKE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE BYLAWS Amendment Approval EDA City CGURGi1 July 11, 2011 july 1 2014 � April 9, 2012 April 16, 201-2 August 19, 2013 geptemhor 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 ( EDA„) 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 1 st and ending October 31 st 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. j205. 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 Applications are solicited. A notice of the vacancy is made public and individuals may be encouraged to consider the position. The notice shall state the deadline for submitting applications. 2 Screening Committee. The City Manager or his designee, the EDA liaison to the Committee the staff liaison to the Committee and one member of the Committee appointed by maiority vote of the Committee shall serve as the Screening Committee. An individual subject to re-appointment may not sit on the screening committee. 3 Appointment. The Screening Committee shall interview all candidates who have applied for appointment or reappointment and make a recommendation to the EDA. The recommendation of the Screening Committee will be presented to the EDA. The EDA may accept or refect the recommendation. If the recommendation is rejected, the EDA may appoint another individual or reopen the application period and invite new candidates to apply. GBrrsider he position. The eine shall state the deadline for submitting _ The City MaRaneihis esignec, the Cnnnomin Development Authority liaison designee, and one rAP_Fn_hP_r of the Gemmittee appOiRted by majority vote of the GOMMittee may_ant crit nn the careening nemmittce 3 The SGreening sshall interview all Gandidates who have applied appointment or reappointment and make a renommendation to the Gnnnnmin �'Y�t'`' `n�m�t Ai�nity. The nnmmendation of the Qnreeninn (`nmmittee will be � _€s DevelopmenAuthority The Cnnnnmin Development p,z crcrvpr,T gun-rvrrc� �.,.....,....., ...,.,..,..,r......... rejeGted, the EGenemiG Development Authority may appoint anetheF ffindivffidual of I[ssi] 206. ;OFFICERS: The nffinerc of the Drinr Lake-Economic Development Advisory Committee shall elect from among its membersbe a Chair and;Vice-Chair and a SeGF The City Manager or his/her designee shall serve as Secretary of the Committee. Chair: The Chair shall be elected at the first meeting in November by majority vote of the Board members present at the meeting. The term of the chair shall begin in 2 November and run for one year. The duties of the chair shall include approval of meeting agendas, presiding at meetings, and giving an accounting of its activities and any information the Board may consider relevant before the EDA annually or as directed otherwise. T Chair of the The Committee hall he appointed in Weye-Mher fro T �,� ameng the Gern.mitiee's, membership for a ene (1) year teFFn by majority vote of the EGenGrniG Development Advisory Committee pres8Rt during the vote. The duties of t G ha+r insl---de. Review and approve meeting agenda-,. Rre6ide at meetinoc PaFtiGipate with the F=GGRGMiG DevelopmeRt Authority On the seleGtion of Committee merne be & Renreoent 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. Secretary: The City "y-.^anagor his/heF designee shall aGt as the Secretary-aad shall be responsible for recording and compiling a written summary of all official activities of the Committee. Vacancy: 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. [ss2] 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 for just cause by a four-fifths (4/5) vote of the entire EDA . Just cause includes but is not limited to the following: (i) failure to attend a minimum of 75% of meetings; (ii) failure to attend site visits/inspections; (iii) failure to review and understand agenda materials; (iv) failure to participate in an appropriate and productive manner; and (v) failure to continue to meet any requirement set forth in Section 203. 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: 3 • 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. 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 committee membereffiGial shall orally inform the commiteeEGGRG iG DeyelopMeRt 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 4 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. 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, EDA€senaM* DeveleprneRt , staff and others designated by the EDAO+ty Ge +l, 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: AGENDA AND MEETING FORMAT: Business of the meeting will be conducted according to the Agenda prepared by the Staff Liaison. A memo report or brief explanation of each agenda item shall be included in the 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. Roll Call 3. Approval of Minutes 4. Hearings 5. Old Business 6. New Business 7. Announcements/ Correspondence 8. Adjournment 5 405: MINUTE PREPARATION. The Staff Liaison is responsible for the preparation of the minutes of the meeting. The meeting proceedings will be audio-recorded and written minutes will be prepared. The written minutes of the meeting as approved by the Committee are the official record of the meeting. The audio recording is intended to supplement the minutes for the purpose of an "on the record review" in a judicial proceeding. A DVD recording may also be prepared for the purpose of rebroadcast of the meeting on the City's public access cable channel. The following two requirements for"minute" preparation shall be adhered to: 1. All motions typed in capital letters. 2. List the names of the Committee Members after their vote on each motion. 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 Staff Liaison 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. 3. All audio and DVD recordings will be retained in accordance with the City's data retention schedule. 406: 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 Staff Liaison, in sufficient time prior to the meeting, to advise the question they intend to ask in order for the Staff Liaison to attempt to bring the additional information to the Committee meeting. 6 4 The Chair shall be the presiding officer at all meetings. If the Chair is absent, the Vice-Chair shall preside at the meeting. If the Chair and the Vice-Chair are both absent the Secretary shall call the meeting to order and preside until such time 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 in the Council Chambers. When individuals abuse their rights to be present, the presiding officer, subject to overrule by the Committee, can order their removal from the room. 407: PUBLIC HEARING FORMAT. Public Hearings shall be conducted in the following manner: 1. The presiding officer announces the agenda item that is the subject of the public hearing. 2. It is the intent of the 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 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 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 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. • Members of the public interested parties or their authorized representatives may address the Committee orally. If the speaker intends to present written or 7 hard copy materials to support their presentation to the Committee, they must provide the staff, at the time of their presentation or before, seven (7) copies of the original for distribution to Committee members and City staff. If the materials are lengthy the members may not have sufficient time to review the materials during the presentation; please consider providing materials in advance to allow the members sufficient time for review. 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 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 should be submitted to the staff by 12:00 p.m. noon of the day of the meeting. The City will use best efforts to Play audio or video presentations, however, if there are technical or other issues the City will not disrupt a meeting in order to play the presentation. All materials including audio and video presentations are subject to the presiding officer's judgment relating to timeliness and relevance. • If unable to attend the meeting, members of the public, interested parties or their authorized representatives may submit written comments and supporting materials. Seven (7) copies of the comments and materials must be submitted to the City staff prior to the Committee meeting. The comments and materials will be distributed to Committee members and City staff. The written comments and materials will become part of the record, but will not be read aloud at the meeting • If unable to attend a meeting, members of the public, interested parties or their authorized representatives may submit testimony to the 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 seven (7) copies to the City staff at least seven (7) calendar days prior to the meeting in order to allow staff an opportunity to view the presentation and prepare a written summary. The recorded testimony and summary prepared by the staff will be provided to the Committee as part of their Committee agenda package. The audio or visual communication may be used by individual Committee members in preparation for the Committee meeting, but will not be played during the meeting. The presentation and the summary will become a part of the public record. Generally, Committee agenda packages are distributed to members of the Committee three (3) days prior to the meeting. 7. After all persons have been heard, the presiding officer will ask whether there are any other persons in attendance who want to be heard on the matter pending. The presiding officer will explain that the Committee is going to deliberate and that the Committee may not take any additional public comment prior to closing the hearing and taking action. The presiding officer will then ask one more time whether there are any other persons in attendance who want to be heard on the matter pending. 8. The Committee addresses the subject matter through deliberation. The Committee may ask questions of the staff and City Attorney. 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. 9. Once deliberations are complete, the presiding officer requests a motion. There are two (2) possible motions, seconds and votes: 8 • 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 Staff Liaison and the Committee, shall select and announce a time and date certain for the continued public hearing. No additional publication or notice 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. 10. If the public hearing has been closed, rather than continued until a date certain, the Committee may take action on the subiect matter. 408: QUORUM AND VOTING: At each meeting a majority of all the members appointed (e.g. three out of five, four out of six) shall constitute a quorum for the transaction of business. The voting options available to the Committee when a vote has been initiated are: aye (affirmative); nay (negative vote); and a qualified abstention. When a vote is to be taken, the presiding officer shall first call for the ayes, then the nays, and if applicable, shall call for abstentions. The votes of each member shall be recorded in the minutes. If a member of the Committee is absent during a vote, the member's vote for the official minutes shall read as "absent". 404! QUORUM FOR REGULAR AND SPECIAL MEETINGS: A majority of all app6nted Comm*ttee membeFs shall GGRstitute a quorum for the purpose Of GORdUGt*Rg its business, but a smalleF Rumber may adjouFR fFem time to tome until a quorum is obtained. When a quorum D s on atteRdaRGe, aGtion may be taken by the Gommi#ee upon a vote of a FnajoFky of thee Committee present 406! AGENDA AND MEETING FORMAJP Business of the meeting will be GGAd6lGted aGGOFdi explaiR on detad the staff GGmmeRtG or work, or state that the staff will pFeseRt the ReGessary details and GOMments at the meeting. The meeting agenda will be prepaFed aGGGFding to the followip,g' 7 Approval of Minutes 4. New R,,sinoss ,5 4nRaunrcmonts ! GorrespGRdenno 6. AdjoUFRmen responsible feF the prepa attipain. of the minutes of the meeting. The wFitten minutes of the meet;Rg as appFeved by the Committee are the OffiGial reGGrd of the meetiRg. in the ' all motions shall be typed in Gapital letters 6Gheduled meeting as part of the agenda PaGket. The te)d Gf the MiR61tes shall GGRSiSt 0 made at a meetiRg that are made pFiaF to the start of oF after adjE)UFRrneRt of the meeting, o 9 during aRy FeGess, shall Rat be made part of the minutes. The Gernmittee 6hall review the AppFoval of the minutes requiFes a FnE)tiOR, seGond and a majority vote of the members presen at the meeting URless etheFwmse provided by these bylaws, State Statute oF Gity Code. Committee Fnember6 who were not present at the meeting fGF WhiGh the miRutes aFe being filing of the minutes 1. The approved minutes shali be retained as a peFrAaRent reGGrd of the Committee meeting7 2. The appFeved Minutes -of the pa6t twelve menths, of Gammittee meetings shall be availa 407; ROI Gc AT nAF=ET4NG--. )f the Comm.ttee shall GOMPIY with the MiRReseta QpeR Meeting law, at meetings of the Committee help6 to develop a more enlightened, inteFested and partlnlpatopl ritizenpi asking question(s) relating to the matte. wideF GansWeFat'GR by the Committee, member6 of the publiG to answer a question dwing the tome they have the floor. understanding of the relevant infoFmation neGes6aFy to make an informed judgme prior to the maeto,ngto rave se the question they intend to ask in order for the � cv--�av��c—mv —rr'rccn c, ,yr—crrc (`nmm„nity anrd Cnopomir, [Development Direntor to attempt to bring the additional information to the Committee meeting 4 The Gha*F shall be the pFesiding GffiGeF at all meetings. if the Ghaip 46 abseRt, the ViGe Chair shall preside at the meeting. if the GhaiF and the ViGe-Ghair aFe b absent, /�the omm„nity and Cronnmin Development Direntor shall Gall the meeting Ode at the meeta.,,,. ,,--idmng OffiGer, at all times, shall be allowed to vote 'R pres the same manner a6 all ovttrhreF members of the Commit[cee. PFGGed6ire; and FeGE)gRmZiRg spea -.- 1.am the audienGe. hat GffiGial shall have thee c)bligat*GR to be impartial and objeGtive OR GE)Rd6lGt*Rg the meetiRg. member of the Cornm*ttee has the floor and they expressly reGOgnize a membeF-Gf the ,,rdienne u,ho desires to speak on the issue under Gonsirderation 10 • Deoide whether motions are properly made • Deoide whether motions are in order. • DeGide whether questions of speGial privilege Gught to be granted. • De6ide WheRtGF�no-. sneakers • Expel Aisnr`terly persons from the Fneeting • Cnfnrne sneaking nrnned fres 8 The presiding OffiGeF 46 re6PGR6ible for maintaining order at the meetings. Although meetings FnU6t be open to the publiG, RG peFSOR who is nE)*sy or unruly has a right to r in t the eet' individuals abuse their rights to b pesent, the r�Flaam--az�rr�Fllc�rlFl�. WI�e1-1 �-reFr—rry��r� �� presidiRg OffiGer, subjeGt tG overrule by the Committee, Gan eFdeF their removal frarn the FOE)rn. • and Coonnmin Deyelnnment Direotnr and I ioisnns have nn voting authority [SS31 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 Staff LiasionGOMMURity and F.GenemiG Development DiFeGte 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€eeaemis EDA. The Committee Chair shall give an accounting of the Committee's activities with respect to its purposes, goals and objectives to the EGE)RGmiG Development Aathar#yEDA on a regular basis. Additionally, specific powers, duties and responsibilities may be assigned to the Committee upon approval of the E^or"'min De„elepment n„theF#yEDA. 11 602: 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 EDA-for final approval. 12 CITY OF PRIOR LAKE LAKES ADVISORY COMMITTEE BYLAWS Adopted May 16, 1994 Amended January 3, 1995 Amended January 2, 1996 Amended February 16, 1999 Amended June 7, 1999 Amended December 4, 2000 Amended June 17, 2002 Amended January 3, 2006 Amended November 17, 2008 Amended October 19, 2009 Amended January 3, 2011 Amended January 13, 2014 Amended January 12, 2015 SECTION 100: PURPOSE 101: The purpose of the Lakes Advisory Committee bylaws is to provide a set of operating procedures for the Lakes Advisory Committee, and to establish a code of ethics and conduct. 102: The Bylaws shall be reviewed annually by the Lakes Advisory Committee, and any changes or amendments agreed to by a majority vote of the Committee shall be recommended to the City Council for adoption at its annual meeting. The City Council conducts its annual meeting at the first meeting in January of each year. SECTION 200: STRUCTURE OF COMMITTEE 201: COMMITTEE CREATED: A Lakes Advisory Committee is hereby created for the City, its purpose to be of an advisory nature to the City Council and staff on issues related to lakes and other water resources within the City of Prior Lake. The members of the Lakes Advisory Committee shall annually elect officers in accordance with the procedures of paragraph 206 herein. 202: DUTIES OF THE COMMITTEE: The duties of the Lakes Advisory Committee are as follows: 1. Research, study and make recommendations to the City Council and City staff on the information contained within the "Comprehensive Lake Management Plan." 2. Research, study and make recommendations to the City Council and City staff on the information contained within the"Storm Water Pollution Prevention Plan," including conducting required public hearings. 203: APPOINTMENT: The Committee shall consist of at least five (5) members and no more than seven (7) members as determined and appointed by the City Council. Only residents of the City who are at least 18 years old shall be 1 of 11 considered for appointment. Said members shall serve three (3) year-terms beginning November 1St and ending October 31St. The Committee shall be representative of the citizens who live in Prior Lake. Committee members may serve additional terms upon approval by the Prior Lake City Council, based upon satisfactory attendance and participation, continued residence within the corporate limits of the City of Prior Lake, and in accordance with the term limit policy established herein. Committee members may be appointed at any time throughout the year. If a Committee member is appointed at any time other than the standard City appointment process in 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. 1. To the extent possible, the membership of the Lakes Advisory Committee will include the following representatives: • An owner of property on Prior Lake; • An owner of property on Spring Lake; • An owner of property on one of the other lakes within the City limits; and • A minimum of two owners of non-riparian lots. 204: COUNCIL LIASION: Annually the City Council will appoint a Council member to serve as a Liaison between the Council and the Lakes Advisory Committee. The role of the Liaison is to act as a conduit and resource for information by and between the Council and the Lakes Advisory Committee and the Lakes Advisory Committee and the Council. The Liaison shall make periodic reports to the Council on the activities of the Lakes Advisory Committee. The Liaison shall communicate any Council input on a particular issue to the Lakes Advisory Committee. The Liaison shall not participate in the discussion or deliberation of any matter pending before the Committee, except where the Lakes Advisory Committee is meeting in a study or work session. The Lakes Advisory Committee, at its discretion, may ask the Liaison whether the Council has discussed the subject under consideration and the nature of the discussion. The Liaison shall never use this occasion as an opportunity to communicate their personal position regarding the matter under consideration. A Liaison may always testify or submit written comments at a Public Hearing in their capacity as a private citizen so long as they make clear at the beginning of their testimony or their written comments that they are speaking on their own behalf and not on behalf of the Council. 205: VACANCIES: If an appointed member of the 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: set forth 1 Applications are solicited. A notice of the vacancy is made public and individuals may be encouraged to consider the position. The notice shall state the deadline for submitting applications. 2 Screening Committee. The City Manager or his designee, the City Council liaison to the committee the staff liaison to the committee and 2of11 one member of the committee appointed by majority vote of the committee shall serve as the Screening Committee. An individual subiect to re-appointment may not sit on the screening committee. 3 Appointment. The Screening Committee shall interview all candidates who have applied for appointment or reappointment and make a recommendation to the City Council. The recommendation of the Screening Committee will be presented to the City Council. The Council may accept or refect the recommendation. If the recommendation is rejected, the City Council may appoint another individual or reopen the application period and invite new candidates to apply. fSS11 206: OFFICERS: The Lakes Advisory Committee shall elect from among its members a Chair, and a Vice-Chair. The Staff Liaison shall serve as Secretary of the Committee. 1. Chair: The Chair shall be elected at the first meeting in November by majority vote of the Committee members present at the meeting. The term of the chair shall begin in November and run for onethree years. The duties of the chair shall include approval of meeting agendas, presiding at meetings, and giving an accounting of its activities and any information the Committee may consider relevant before the City Council annually or as directed otherwise. 2. Vice-Chair: The vice-chair shall be elected 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. 3. Secretary: The Secretary shall be responsible for recording and compiling a written summary of all official activities of the Committee. 4. Vacancy: If the office of Chair or Vice-Chair becomes vacant, the 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 to the Lakes Advisory 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 Lakes Advisory Committee may be removed from office for just cause by a four-fifths (4/5) vote of the entire City Council. Just cause includes but is not limited to the following: (i)failure to attend a minimum of 75% of meetings; (ii) failure to attend site visits/inspections; NO failure to review and understand agenda materials; (iv) failure to participate in an appropriate and productive manner; and (v) failure to continue to meet any 3of11 requirement set forth in Section 203.enG8ssive RORatteRdaRGe at Ge mp;*##cc 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. 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, 4of11 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 Committee member shall orally inform the Committee 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. 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. 5of11 1. Unless extenuating circumstances exist, a copy of the notice, agenda and accompanying materials shall be received by the Committee, staff and others designated by the Committee, 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: AGENDA AND MEETING FORMAT: Business of the meeting will be conducted according to the Agenda prepared by the Staff Liaison. A memo, report, or brief explanation of each agenda item shall be included in the 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. Roll Call 3. Approval of Minutes 4. Hearings 5. Old Business 6. New Business 7. Announcements/ Correspondence 8. Adjournment 405: MINUTE PREPARATION. The Staff Liaison is responsible for the preparation of the minutes of the meeting. The meeting proceedings will be audio-recorded and written minutes will be prepared. The written minutes of the meeting as approved by the Committee are the official record of the meeting. The audio recording is intended to supplement the minutes for the purpose of an "on the record review" in a judicial proceeding. A DVD recording may also be prepared for the purpose of rebroadcast of the meeting on the City's public access cable channel. The following two requirements for"minute" preparation shall be adhered to: 1. All motions typed in capital letters. 2. List the names of the Committee Members after their vote on each motion. 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 6of11 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 Staff Liaison 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. 3. All audio and DVD recordings will be retained in accordance with the City's data retention schedule. 406: 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 Staff Liaison, in sufficient time prior to the meeting, to advise the question they intend to ask in order for the Staff Liaison to attempt to bring the additional information to the 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 Secretary 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 7of11 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 in the Council Chambers. When individuals abuse their rights to be present, the presiding officer, subject to overrule by the Committee, can order their removal from the room. 407: PUBLIC HEARING FORMAT. Public Hearings shall be conducted in the following manner: 1. The presiding officer announces the agenda item that is the subject of the public hearing. 2. It is the intent of the 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 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 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 Committee to open the public hearing and calls for a vote. 8of11 6. The presiding officer declares the public hearing opened, announces the time and then proceeds to ask for citizen input, comments and questions. • Members of the public, interested parties or their authorized representatives may address the Committee orally. If the speaker intends to present written or hard copy materials to support their presentation to the Committee, they must provide the staff, at the time of their presentation or before, seven (7) copies of the original for distribution to Committee members and City staff. If the materials are lengthy the members may not have sufficient time to review the materials during the presentation; please consider providing materials in advance to allow the members sufficient time for review. 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 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 shouldmus be submitted to the staff by 12:00 p.m. noon of the day of the meeting. The City will use best efforts to play audio or video presentations, however, if there are technical or other issues the City will not disrupt a meeting in order to play the presentation. All materials including audio and video presentations are sub'ect to the presiding officer's 'ud ment relating to timeliness and relevance. ss2 • If unable to attend the meeting, members of the public, interested parties or their authorized representatives may submit written comments and supporting materials. Seven (7) copies of the comments and materials must be submitted to the City staff prior to the Committee meeting. The comments and materials will be distributed to Committee members and City staff. The written comments and materials will become part of the record, but will not be read aloud at the meeting • If unable to attend a meeting, members of the public, interested parties or their authorized representatives may submit testimony to the 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 seven (7) copies to the City staff at least seven (7) calendar days prior to the meeting in order to allow staff an opportunity to view the presentation and prepare a written summary. The recorded testimony and summary prepared by the staff will be provided to the Committee as part of their Committee agenda package. The audio or visual communication may be used by individual Committee members in preparation for the Committee meeting, but will not be played during the meeting. The presentation and the summary will become a part of the public record. Generally, Committee agenda 9of11 packages are distributed to members of the Committee three (3) days prior to the meeting. 7.1 After all persons have been heard, the presiding officer will ask whether there are any other persons in attendance who want to be heard on the matter pending. The presiding officer will explain that the Committee is going to deliberate and that the Committee may not take any additional public comment prior to closing the hearing and taking action. The presiding officer will then ask one more time whether there are any other persons in attendance who want to be heard on the matter pending. 8. The Committee addresses the subject matter through deliberation. The Committee may ask questions of the staff and City Attorney. 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. 9. Once deliberations are completelf}here 06 nn other testimnn.,' the presiding officer requests a motion. There are two (2) 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 Staff Liaison and the Committee, shall select and announce a time and date certain for the continued public hearing. No additional publication or notice 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. B. DOSGUssion of the subjeGt matter of the publiG hearing by t Committee rani iiro� n, mn}inn and a seGend to fnrmnlly put the matter ,before the nniittee. The Committee addresses the subject Matte through deliberation. The_ Committee may ask questions of the sta and City Atterney. if the publiG hearing has been GIGGed Gemmittee ex�ep}far the dole purpose of asking a q iec}inn that nn he answered �� rvk �rrvmnar-vc� oc hof �+ a "yes" nr"no" renn��[SS31 g� 101f the public hearing has been closed, rather than continued until a date certain, the Committee may take action on the subject matter. 408: QUORUM AND VOTING: At each meeting a majority of all the members appointed (e.g. three out of five, four out of six, at least three out of five, shall constitute a quorum for the transaction of business. The voting options available to the Committee when a vote has been initiated are: aye (affirmative); nay (negative vote); and a qualified abstention. When a vote is to be taken, the presiding officer shall first call for the ayes, then the nays, 10 of 11 and if applicable, shall call for abstentions. The votes of each member shall be recorded in the minutes. If a member of the Committee is absent during a vote, the member's vote for the official minutes shall read as "absent". 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 Staff Liaison 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 City Council and shall advise the City Council on matters identified in Section 100 or as assigned to the Committee. The Committee Chair shall give an accounting of the Committee's activities with respect to its goals and objectives before the City Council. Additionally, specific powers, duties and responsibilities may be assigned to the Committee upon approval of the City Council. 602: SUBCOMMITTEES: The Committee may divide its membership into subcommittee, 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 City Council for final approval. 11 of 11 CITY OF PRIOR LAKE PARKS ADVISORY COMMITTEE BYLAWS Adopted May 16, 1994 Amended January 2, 1996 Amended January 6, 1997 Amended February 16, 1999 Amended December 4, 2000 Amended June 3, 2002 Amended January 5, 2004 Amended October 18, 2004 Amended January, 2006 Amended November 17, 2008 Amended October 19, 2009 Amended January 3, 2011 Amended January 13, 2014 January 12, 2015 SECTION 100: PURPOSE 101. The purpose of the City of Prior Lake Parks Advisory Committee bylaws is to provide a set of operating procedures for the Parks Advisory Committee, and to establish a code of ethics and conduct. 102: The Bylaws shall be reviewed annually by the Parks Advisory Committee, and any changes or amendments agreed to by a majority vote of the Committee shall be recommended to the City Council for adoption at its annual meeting. The City Council conducts its annual meeting at the first meeting in January of each year. SECTION 200: STRUCTURE OF COMMITTEE 201: COMMITTEE CREATED: A Parks Advisory Committee is hereby created for the City, its purpose to be of an advisory nature to the City Council and staff on issues related to park and open space development, land acquisition and development policies. The members of the Parks Advisory Committee shall annually elect officers in accordance with the procedures of paragraph 206 herein. 202: DUTIES OF THE COMMITTEE: The duties of the Parks Advisory Committee are as follows: 1. Serve as a liaison between city government and the community. 2. Serve as a resource for a new and existing neighborhoods, groups, and civic organizations seeking information concerning the Prior Lake park system. 3. Assist the City in setting open space, land acquisition and development policies. 4. Make recommendations to the City Council relating to specific parks and open space development. 5. Assist the City Staff in researching a variety of funding sources for the Capital Improvement Program and related park development. 203: APPOINTMENT: The Committee shall consist of at least five (5) members and no more than seven (7) members as determined and appointed by the City Council. Said members shall serve three (3) year-terms beginning November 1St and ending October 31St. The Committee shall be representative of the citizens who live in Prior Lake. Committee members may serve additional terms upon approval by the Prior Lake City Council, based upon satisfactory attendance and participation, continued residence within the corporate limits of the City of 1 of 10 Prior Lake, and in accordance with the term limit policy established herein. Committee members may be appointed at any time throughout the year. If a Committee member is appointed at any time other than the standard City appointment process in 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: COUNCIL LIASION: Annually the City Council will appoint a Council member to serve as a Liaison between the Council and the Parks Advisory Committee. The role of the Liaison is to act as a conduit and resource for information by and between the Council and the Parks Advisory Committee and the Parks Advisory Committee and the Council. The Liaison shall make periodic reports to the Council on the activities of the Parks Advisory Committee. The Liaison shall communicate any Council input on a particular issue to the Parks Advisory Committee. The Liaison shall not participate in the discussion or deliberation of any matter pending before the Committee, except where the Parks Advisory Committee is meeting in a study or work session. The Parks Advisory Committee, at its discretion, may ask the Liaison whether the Council has discussed the subject under consideration and the nature of the discussion. The Liaison shall never use this occasion as an opportunity to communicate their personal position regarding the matter under consideration. A Liaison may always testify or submit written comments at a Public Hearing in their capacity as a private citizen so long as they make clear at the beginning of their testimony or their written comments that they are speaking on their own behalf and not on behalf of the Council. ;205: VACANCIES If an appointed member of the 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_ VasaRGie, 1 Applications are solicited. A notice of the vacancy is made public and individuals may be encouraged to consider the position. The notice shall state the deadline for submitting applications. 2 Screening Committee. The City Manager or his designee, the City Council liaison to the committee the staff liaison to the committee 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 Appointment. The Screening Committee shall interview all candidates who have applied for appointment or reappointment and make a recommendation to the City Council. The recommendation of the Screening Committee will be presented to the City Council. The Council may accept or refect the recommendation. If the recommendation is rejected, the City Council may appoint another individual or reopen the application period and invite new candidates to apply. is 206: OFFICERS: The Parks Advisory Committee shall elect from among its members a Chair, and a Vice-Chair. The Staff Liaison shall serve as Secretary of the Committee. 1. Chair: The Chair shall be elected at the first meeting in November by majority vote of the Committee members present at the meeting. The term of the chair shall begin in November and run for one three years. The duties of the chair shall include approval of meeting agendas, presiding at meetings, and giving an accounting of its activities and any information the Committee may consider relevant before the City Council annually or as directed otherwise. 2of10 2. Vice-Chair: The vice-chair shall be elected 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. 3. Secretary: The Secretary shall be responsible for recording and compiling a written summary of all official activities of the Committee. 4. Vacancy: If the office of Chair or Vice-Chair becomes vacant, the 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 to the Parks Advisory 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 Parks Advisory Committee may be removed from office for just cause by a four-fifths (4/5) vote of the entire City Council. Just cause includes but is not limited to the following: (i) failure to attend a minimum of 75% of meetings; (ii) failure to attend site visits/inspections; (iii) failure to review and understand agenda materials; (iv) failure to participate in an appropriate and productive manner; and (v) failure to continue to meet any requirement set forth in Section 203.eXGessi„a nona++eRdaRnc �+ Committee meetings, nlank of paFtinin+inne Lake.er lank of resid9AGo in Drier 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. 3of10 • 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 Committee member shall orally inform the Committee 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 4of10 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, staff and others designated by the Committee, 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: AGENDA AND MEETING FORMAT: Business of the meeting will be conducted according to the Agenda prepared by the Staff Liaison. A memo, report, or brief explanation of each agenda item shall be included in the 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. Roll Call 3. Approval of Minutes 4. Hearings 5. Old Business 6. New Business 7. Announcements/ Correspondence 8. Adjournment 405: MINUTE PREPARATION. The Staff Liaison is responsible for the preparation of the minutes of the meeting. The meeting proceedings will be audio-recorded and written minutes will be prepared. The written minutes of the meeting as approved by the Committee are the official record of the meeting. The audio recording is intended to supplement the minutes for the purpose of an "on the record review" in a judicial proceeding. A DVD recording may also be prepared for the purpose of rebroadcast of the meeting on the City's public access cable channel. The following two requirements for"minute" preparation shall be adhered to: 1. All motions typed in capital letters. 2. List the names of the Committee Members after their vote on each motion. 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 5of10 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 Staff Liaison 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. 3. All audio and DVD recordings will be retained in accordance with the City's data retention schedule. 406: 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 Staff Liaison, in sufficient time prior to the meeting, to advise the question they intend to ask in order for the Staff Liaison to attempt to bring the additional information to the 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 Secretary 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. 6of10 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 in the Council Chambers. When individuals abuse their rights to be present, the presiding officer, subject to overrule by the Committee, can order their removal from the room. 407: PUBLIC HEARING FORMAT. Public Hearings shall be conducted in the following manner: 1. The presiding officer announces the agenda item that is the subject of the public hearing. 2. It is the intent of the 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 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 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 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. • Members of the public, interested parties or their authorized representatives may address the Committee orally. If the speaker intends to present written or hard copy materials to support their presentation to the Committee, they must provide the staff, at the time of their presentation or before, seven (7) copies of the original for distribution to Committee members and City staff. If the materials are lengthy the members may not have sufficient time to review the materials during the presentation% please consider providing materials in advance to allow the members sufficient time for review. 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 Committee, such materials must be in an electronic format that is compatible with the City's existing equipment. 7of10 An audio or video presentation may not introduce testimony from any person other than the author. The electronic materials shouldmt�st be submitted to the staff by 12:00 p.m. noon of the day of the meeting. The City will use best efforts to play audio or video presentations, however, if there are technical or other issues the City will not disrupt a meeting in order to plan the presentation. All materials including audio and video presentations are subject to the presiding officer's judgment relating to timeliness and relevance.TSS2i • If unable to attend the meeting, members of the public, interested parties or their authorized representatives may submit written comments and supporting materials. Seven (7) copies of the comments and materials must be submitted to the City staff prior to the Committee meeting. The comments and materials will be distributed to Committee members and City staff. The written comments and materials will become part of the record, but will not be read aloud at the meeting • If unable to attend a meeting, members of the public, interested parties or their authorized representatives may submit testimony to the 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 seven (7) copies to the City staff at least seven (7) calendar days prior to the meeting in order to allow staff an opportunity to view the presentation and prepare a written summary. The recorded testimony and summary prepared by the staff will be provided to the Committee as part of their Committee agenda package. The audio or visual communication may be used by individual Committee members in preparation for the Committee meeting, but will not be played during the meeting. The presentation and the summary will become a part of the public record. Generally, Committee agenda packages are distributed to members of the Committee three (3) days prior to the meeting. 7_,I,--After all persons have been heard, the presiding officer will ask whether there are any other persons in attendance who want to be heard on the matter pending. The presiding officer will explain that the Committee is going to deliberate and that the Committee may not take any additional public comment prior to closing the hearing and taking action. The presiding officer will then ask one more time whether there are any other persons in attendance who want to be heard on the matter pending. 8. The Committee addresses the subject matter through deliberation. The Committee may ask questions of the staff and City Attorney. 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. 7�9. Once deliberations are completelf there is no other testi,,,,r,,,, the presiding officer requests a motion. There are two (2) 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 Staff Liaison and the Committee, shall select and announce a time and date certain for the continued public hearing. No additional publication or notice are needed if a hearing is continued to a later specified date. No public hearing may be continued 8of10 more than once without re-notice, publishing the time, date, location and subject of the public hearing. motmon and a 6eGGRd to foFmally put the rnatteF before the Committee. —I.- Committee addresses the subjeGt matter through delibeFation. The Committee may ask que6tions of the Staff and Gity 4ttemey. if the p iblir hearing has been rlased "yes" GF u u FeSp [SS3J -910. If the public hearing has been closed, rather than continued until a date certain, the Committee may take action on the subject matter. 408: QUORUM AND VOTING: At each meeting a majority of all the members appointed (e.g. three out of five, four out of six), , shall constitute a quorum for the transaction of business. The voting options available to the Committee when a vote has been initiated are: aye (affirmative); nay (negative vote); and a qualified abstention. When a vote is to be taken, the presiding officer shall first call for the ayes, then the nays, and if applicable, shall call for abstentions. The votes of each member shall be recorded in the minutes. If a member of the Committee is absent during a vote, the member's vote for the official minutes shall read as "absent". 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 Staff Liaison 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 City Council and shall advise the City Council on matters identified in Section 100 or as assigned to the Committee. The Committee Chair shall give an accounting of the Committee's 9of10 activities with respect to its goals and objectives before the City Council. Additionally, specific powers, duties and responsibilities may be assigned to the Committee upon approval of the City Council. 602: SUBCOMMITTEES: The Committee may divide its membership into subcommittee, 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 City Council for final approval. 10 of 10 PLANNING COMMISSION BYLAWS ADOPTED MAY 16, 199 Amended January 3, 1995 Amended June 19, 1995 Amended January 2, 1996 Amended January 6, 1997 Amended February 16, 1999 Amended June 7, 1999 Amended June 26, 2006 Amended November 17, 2008 Amended October 19, 2009 Amended January 3, 2011 Amended June 2012 Amended January 12, 2015 SECTION 100: PURPOSE 101: The purpose of the Planning Commission bylaws is to provide a set of operating procedures for the Planning Commission, and to establish a code of ethics and conduct. 102: The Bylaws shall be reviewed annually by the Planning Commission, and any changes or amendments agreed to by a majority vote of the Commission shall be recommended to the City Council for adoption at its annual meeting. The City Council conducts its annual meeting as the first meeting in January of each year. SECTION 200: STRUCTURE OF COMMISSION 201: COMMISSION CREATED: A Planning Commission is hereby created for the City, its purpose to be of an advisory nature to the City Council and staff on issues related to zoning and development, except as provided by State Statute. The members of the Planning Commission shall annually elect officers in accordance with the procedures of paragraph 205 herein. 202: DUTIES OF THE COMMISSION: The duties of the Planning Commission are as follows: 1. To acquire and maintain in current form such basic information and background data that is necessary to an understanding of past trends, present conditions and forces at work to cause changes in these conditions. 2. To prepare, draft and recommend amendments to the Comprehensive Plan for review by the City Council on the advice of the City Community and Economic Development Director. 3. To recommend policies to the City Council for guiding action affecting development. 4. To determine whether specific proposed developments conform to the principles and requirements for the Comprehensive Plan and City ordinances. I BY�aw �o?�I gun&- of 17 4114 lAc#vise��edies��tteeslWatafag�om��Esslaa��G 5. To keep the City Council and the general public informed and advised as to all planning and development matters. 6. To review and make recommendations to the City Council on planned unit development and subdivision proposals. 7. To hold public hearings for subdivision, planned unit developments and rezoning applications and furnish the City Council with information and recommendations of such hearings. 8. To prepare and submit to the City Council within sixth (60) days after the end of the calendar year, a summary report of all variances granted to applicants from January 1 through December 31 of that calendar year. The summary report shall contain such information as deemed necessary and requested by the Council. 203: APPOINTMENT: The Planning Commission shall be composed of five (5) members, appointed by the City Council. Only residents of the City who are at least 18 years old shall be considered for appointment. Said members shall serve three (3) year-terms beginning November 11t and ending October 31St. The Commission shall be representative of the citizens who live in Prior Lake. Commission members may serve additional terms upon approval by the Prior Lake City Council, based upon satisfactory attendance and participation, continued residence within the corporate limits of the City of Prior Lake, and in accordance with the term limit policy established herein. Commission members may be appointed at any time throughout the year. If a Commission member is appointed at any time other than the standard City appointment process in October, the Commission member shall begin service immediately upon appointment and shall serve as if appointed in the previous October, serving two full years and a partialyear.�[ssi] 204: COUNCIL LIASION: Annually the City Council will appoint a Councilmember to serve as a Liaison between the Council and the Planning Commission. The role of the Liaison is to act as a conduit and resource for information by and between the Council and the Planning Commission and the Planning Commission and the Council. The Liaison shall make periodic reports to the Council on the activities of the Planning Commission. The Liaison shall communicate any Council input on a particular issue to the Planning Commission. The Liaison shall not participate in the discussion or deliberation of any matter pending before the Commission, except where the Planning Commission is meeting in a study or work session. The Planning Commission may, at its discretion, ask the Liaison whether the Council has discussed the subject under consideration and the nature of the discussion. The Liaison shall never use this occasion as an opportunity to communicate their personal position regarding the matter under consideration. A Liaison may always testify or submit written comments at a Public Hearing in their capacity as a private citizen so long as they make clear at the beginning of their testimony or their written comments that they are speaking on their own behalf and not on behalf of the Council. 205: VACANCIES: If an appointed member of the Commission resigns is terminated, reaches a term limit or otherwise vacates a seat of the Commission the Prior Lake City Council shall appoint a replacement in the following manner: 1 Applications are solicited A notice of the vacancy is made public and individuals may be encouraged to consider the position. The notice shall state the deadline for submitting applications. 2 Screening Committee The City Manager or his designee the City Council liaison to the commission the staff liaison to the commission and one member Ah:\A&4&Gry--Belli �•+' o�^ ing-GGw_iss_r�\P-G-Bylaws-d a&244n 2-dos2 of 17 of the commission appointed by maiority vote of the commission shall serve as the Screening Committee. An individual subject to re-appointment may not sit on the screening committee. 3 Appointment The Screening Committee shall interview all candidates who have applied for appointment or reappointment and make a recommendation to the City Council. The recommendation of the Screening Committee will be presented to the City Council. The Council may accept or refect the recommendation. If the recommendation is refected, the City Council may appoint another individual or reopen the application period and invite new candidates to apply. Commission shall appe'Rt a replaGernent as set forth iR paragraph 205 h—i".. a SUG61SesF fFen;--its-membership-at the next FegulaTmeeting and sUGh lention shall he for the Unexpired term of said offine if an appGiRted FnernbeF of the RaRRing Commission F86igRG, is terminated, reaGhes a term limit, oF other-wise vaGates a seat of the GGFnFniG6iGR, the PFOor The Gity Manager or his designee, the City GounGil Fnember who has been appointed as the 1maosen to the advisory authority, or whe has been appointed to sewe on The reGgMrneRdation of the iRtewiew panel shall be presented to the Gity GeunGil and -JeGted, the City GOURG" shall appoint another individual or deraide to reopen to the publiG for new [SS2] 2066: OFFICERS: The Planning Commission shall elect from among its membership a chair and vice-chair. The Community and Economic Development Director shall act as secretary of the Commission. 1. Chair: The Chair shall be elected by majority vote of the Planning Commission prior to the first meeting in November. The term of the chair shall begin in November and run for onethree years. The duties of the chair shall include approval of meeting agendas, presiding at meetings, participating with the City Council in the selection of Commission members, semi-annual reporting to the City Council on all information collected under paragraph 202 and shall give an accounting of its activities and any information the Commission may consider relevant before the City Council annually or as directed otherwise. 2. Vice-Chair: The vice-chair shall be selected annually by the Commission and shall perform the duties of the Chair in his/her absence. The vice-chair shall assume such other duties as assigned by the chair. 3. Secretary: The Secretary and shall be responsible for recording and compiling a written summary of all official activities of the Planning Commission. DUAdvi ws dun _2n��o,'�doc3l of 17 4. (Vacancy: If the office of Chair or Vice-Chair becomes vacant, the Commission shall appoint a replacement by maiority vote of those members present at the next regular meeting, and such election shall be for the unexpired term of said office. [SS31 20667: TERM LIMIT: It is the policy of the Prior Lake City Council to impose a three term (9 year) service limitation for all appointed positions to the Planning Commission. Partial terms do not count toward the term limitation. The purpose of the term limit policy is to encourage resident participation on City advisory bodies and provide community members with the opportunity to participate in their local government. 207-8: REMOVAL OF MEMBER: Any member of the Planning Commission may be removed from office for iust cause by a four-fifths (4/5) vote of the entire City Council. Just cause includes but is not limited to the following: (i) failure to attend a minimum of 75% of meetings (ii) failure to attend site visits/inspections; (iii) failure to review and understand agenda materials; aPA—(iv) failure to participate in an appropriate and productive manner; and (v) failure to continue to meet any requirement set forth in Section 20a.fer jUGt Gause by a feuF fifths (4/5) vote of the eRtire City GeURGil. SU shallmember shall be entitled, Of requested, to a publiG hearing before SuGh a vote us taken, nE)RatteRdanGe at Planning Commission meetings. The GOURGil, sole 66Gret aGc)nst*tutes ex- ittendaRGe. 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 obiectivity 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. M 1AdvisoSF$odies-and-GGn4rAte�Manniof 17 • 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 Planning Commission member shall orally inform the Planning Commission of the potential conflict and abstain from any participation in that agenda item if a conflict is determined to exist. 307• The purpose behind the creation of a rule which would disqualify public officials from participating in proceedings in a decision-making capacity when they have a direct conflict of interest in its outcome is to ensure that their decision will not be an arbitrary reflection of their own selfish interests There is no settled general rule as to whether such an interest will disqualify an official. Each case must be decided on the basis of the particular facts present. Among the relevant factors that should be considered in making this determination are: (1) nature of the decision being made; (2) the nature of the pecuniary interest (3) the number of officials making the decision who are interested; (4) the need if any, to have interested persons make the decision; and (5) the other means available if any, such as the opportunity for review, that serve to ensure that the officials will not act arbitrarily to further their selfish interests. 30' POLICY STATEMENT The Gity of Prior I alsthat aur system of governmental OffiGials Wall GGRdUGt Gity of Prior Lake business in ways whiGh benefit the p6ibliG geneFally and that publiG OffiGe will Rot be used Ghiefly 9F improperly to advaRGe peFGGRal iRterest. The City of Prior Lake has pledged that the goal6 of faiF, M�Adviser bodies-and-dem+ ittees\Plaru�4Ag�er�t+n+ssien\AG-Byl2ws-dune-2042 doG5 of 17 effiGient and hGRe6t goveFRMeRt will be fostered and that it will 6#ive fGF iRtegFity and The Gity of Drinr Lake fonds that the proper operation of demnGratiG representative government rem tires that- AeoP'c+ Governmental rleoicinnc Mort nnlinv he made in the proper Ghannels of the gvve,M meR+at lac ort t o+�vcaTe The pt tblin have oonfirlenoe in the integrity of 46 gnvernmen+ 2. The City of Prior Lake shall adhepe to the highest ethiGal standards that enhaRGe and • Supper-tong the publiG'S right to kROW the pLib!iG'6 business •weFdSin J fairneee nptimiGM ret±pnnt±iyGtrti?? and Fespe •t iQt_in_GE)Mmtminatinn w ith the pub i- and- GenGerns. 3. The City's Statement of EthiGS shall be liberally Genstrued OR favor of pro-teGtiRg the publ• t Of GG)RdLlGt. value, regardless of a the form of money, seWiGe, loan, thiRg OF promise from any pePSOR WhiGh te the t unautherazed use of City-ewRed vehiGles, equipment, materials, property, labc)F or e Wine for per nnal non�ienienne nr prof;+ 304 CONFLICT OF !N FEREgTcnveP+tasauth^oize d in Minn C+a+ 1171 88 a p blir GffiGeF who is autherized to take part *44-any manner iR makiRg any sale, lease, or GE)Rtrar.t on offiGial GapaGity shall not VGIURtaFily have a personal fiRaRGial iRterest on that sale, lease, OF GGRtraGt OF peF6GRally benefit fiRaRGially therefrom. (Minn. Stat. SeG404- 47�7(T7 t business, URless the effeGt on the OffiGial is no greater than on other membeFs of the t 1. AdVi6e the City Attorney of the peteRtial Gc)nf!'Gt Of iRtere6t a6 BOOR a6 PG66ible, preferably before the mee+ing•_and preferably ....�...._ ..._ ...___...fit _..._. Al4: viseF�B©u�s Gp....,.:ttet-s%Plaa-ni -C-Bylaws-Pan--29-12-des6 of 17 3. Orally inform the Gommission of the peteRtial GonfliGt and abstain from any 306; The puFpese behiRd the GpeatiOR of a rule, whiGh would disqualify publiG offiGials from paFtiGipatiRg in PFGGeedings "R a deGiGiGR making GapaGity when they have a direGt SUGh aR iRteFest will disqualify an OffiGial. EaGh Gase must be deGided on the basis of- the paFtiGular faGtS present. Among the FelevaRt faGtC)FG that should be GonsideFed in making this deteFminatiOR aFe� (1) nature of the deGi6iGR beiRg made; (2) the RatuFe of.- the peGURiaFy iRteFe6tj (3) the number Of OffiGials making the deGision whe are ntere6ted; (4) the need, Of any, to have nteFested peFSGRG make the derisiOR; and (5) the other means available, if any, SUGh as the E)PPGFtURity feF Feview, that sewe to GffiGial position for a purpose that is, or would te a rea6enable peFsen appeaF to be [SS4] (SECTION 400: CONDUCTING MEETINGS 401• REGULAR MEETINGS: In conformance with the Minnesota Open Meeting Law all meetings of the Planning Commission 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 Planning Commission, staff and others designated by the Planning Commission 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 Planning Commission may be called by the Chair or any two (2) members of the Planning Commission for the purpose of transacting any business designated in the notice Staff may recommend calling a special meeting, but must receive approval from either the chair or two members of the Planning Commission. Notice of a special meeting shall be provided as required by the Minnesota Open Meeting Law. At such meetings no business shall be considered other than as designated in the notice. 404• AGENDA AND MEETING FORMAT: Business of the meeting will be conducted according to the Agenda prepared by the Staff Liaison A memo report or brief explanation of each agenda item shall be included in the Planning Commission agenda packet. The information provided by staff should serve to inform the Planning Commission of the subject matter under discussion The information should explain in detail the staff comments or work, or state that of 17 the staff will present the necessary details and comments at the meeting. The meeting agenda will be prepared according to the following: 1. Call to Order 2. Roll Call 3. Approval of Minutes 4. Hearings 5. Old Business 6. New Business 7. Announcements / Correspondence 8. Adjournment 405• MINUTE PREPARATION The Staff Liaison is responsible for the preparation of the minutes of the meeting The meeting proceedings will be audio-recorded and written minutes will be prepared The written minutes of the meeting as approved by the Planning Commission are the official record of the meeting The audio recording is intended to supplement the minutes for the purpose of an "on the record review" in a judicial proceeding. A DVD recording may also be prepared for the purpose of rebroadcast of the meeting on the City's public access cable channel The following two requirements for"minute" preparation shall be adhered to: 1. All motions typed in capital letters. 2 List the names of the Planning Commission Members after their vote on each motion. The official minutes shall be prepared and presented to the Planning Commission at the next regularly scheduled meeting as part of the agenda packet. The text of the minutes shall consist of official Planning Commission business conducted while the Planning Commission is in session Any comments made at a meeting that are made prior to the start of or after adiournment of the meeting or during_any recess shall not be made part of the minutes. The Planning Commission shall review the minutes and the presiding officer 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. Planning Commission 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 Staff Liaison is responsible for the maintenance and filing of the minutes. 1 The approved minutes shall be retained as a permanent record of the Planning Commission meeting. 2 The approved minutes of the past twelve months of Planning Commission meetings shall be available on the City Website. 3 All audio and DVD recordings will be retained in accordance with the City's data retention schedule. 406: ROLES AT MEETING: 1 All meetings of the Planning Commission shall comply with the Minnesota Open Meeting law, which requires meetings (with few exceptions) of all municipal bodies to be open to the public The City of Prior Lake encourages citizen attendance. Public attendance at meetings of the Planning Commission helps to develop a more enlightened interested and participatory citizenry. M.AAdv"cx^�'-ooatis;; dt s�lanni Bylaws-J ise20'- �2.dog'„^8 of 17 2 Any Planning Commission member may recognize a member of the public for the purpose of asking question(s) relating to the matter under consideration by the Planning Commission. Members of the Planning Commission must use judgment and discretion when recognizing members of the public to answer a question during the time they have the floor. 3 Members of the Planning Commission may also ask questions of staff in order to clarify their understanding of the relevant information necessary to make an informed iudgment. In preparation for Planning Commission meetings, Planning Commission members may want to consider contacting the Staff Liaison, in sufficient time prior to the meeting to advise the question they intend to ask in order for the Staff Liaison to attempt to bring the additional information to the Planning Commission meeting. 4 The Chair shall be the presiding officer at all meetings. If the Chair is absent, the Vice-Chair shall preside at the meeting. If the Chair and the Vice-Chair are both absent the Secretary shall call the meeting to order and preside until such time the Planning Commission elects among itself a member to preside at the meeting. The presiding officer, at all times shall be allowed to vote in the same manner as all other members of the Planning Commission, 5 The presiding officer has two unique powers: interpreting and applying the rules of procedure; and recognizing speakers from the audience. That official shall have the obligation to be impartial and objective in conducting the meeting. 6 The presiding officer shall recognize all speakers from the audience, except when a member of the Planning Commission has the floor and they expressly recognize a member of the audience who desires to speak on the issue under consideration. 7 The presiding officer has the responsibility to facilitate discussion by the Planning Commission. This may occur in a variety of ways, including: • Interpret and apply rules of procedure • Decide whether motions are properly made. • Decide whether motions are in order. • Decide whether questions of special privilege ought to be granted. • Decide when to recognize speakers. • Call for motions or recommend motions. • Expel disorderly persons from the meeting. • Enforce speaking procedures. 8 The presiding officer is responsible for maintaining order at the meetings. Although meetings must be open to the public no person who is noisy or unruly has a right to remain in the Council Chambers. When individuals abuse their rights to be present the presiding officer, subject to overrule by the Planning Commission, can order their removal from the room. 407• PUBLIC HEARING FORMAT Public Hearings shall be conducted in the following manner: 1 The presiding officer announces the agenda item that is the subject of the public hearing. 2 It is the intent of the Planning Commission to open all public hearings at the time indicated in the public hearing notice or as soon as possible thereafter. From a M-aA�v+sary_g©dies r _ a.Gp s-Jury 2n,- 2Qm'o 9 of 17 practical standpoint, not all hearings can be opened at their designated time. The Planning Commission may delay the start of a hearing until the pending business is acted upon. However under no circumstances may a public hearing be opened prior to the time specified in the notice and published in the official newspaper. 3. Staff and/or a consultant make a presentation or report on the subject matter of the public hearing. 4. At the conclusion of any presentation or remarks by staff and/or a consultant, the presiding officer asks the Planninq Commission members if they have questions of the staff or consultant. 5. The presiding officer requests a motion and second from a member of the Planning Commission to open the public hearing and calls for a vote. 6. The presiding officer declares the public hearing opened, announces the time and then proceeds to ask for citizen input, comments and questions. • Members of the public, interested parties or their authorized representatives may address the Planning Commission orally. If the speaker intends to present written or hard copy materials to support their presentation to the Planning Commission, they must provide the staff, at the time of their presentation or before, seven (7) copies of the original for distribution to Planning Commission members and City staff. If the materials are lengthy the members may not have sufficient time to review the materials during the presentation; please consider providing materials in advance to allow the members sufficient time for review. 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 Planning Commission, 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 shouldst be submitted to the staff by 12:00 p.m. noon of the day of the meeting. The City will use best efforts to play audio or video presentations, however, if there are technical or other issues the City will not disrupt a meeting in order to play the presentation. All materials including audio and video presentations are subject to the presiding officer's judgment relating to timeliness and relevance. • If unable to attend the meeting, members of the public, interested parties or their authorized representatives may submit written comments and supporting materials. Seven (7) copies of the comments and materials must be submitted to the City staff prior to the Planning Commission meeting. The comments and materials will be distributed to Planning Commission members and City staff. The written comments and materials will become part of the record, but will not be read aloud at the meeting • If unable to attend a meeting, members of the public, interested parties or their authorized representatives may submit testimony to the Planning Commission using a prerecorded audio or video communication. An audio or video communication must be in an electronic format that is compatible with the Cites 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 seven (7) copies to the City staff at least seven (7) calendar days prior to the meeting in order to allow staff an opportunity to view the presentation and prepare a written summary. The recorded testimony and summary prepared by the staff will be provided to the Planning Commission as part of their Planning Commission agenda package. The audio or visual communication may be used by individual Planning Commission members in preparation for the Manning Commission meeting, but will not be played during the meeting. The presentation and the summary will become a part of the public record. Generally Planning Commission agenda packages are M 1A�visoFy-�e�ies�nd r ,rroe� Dim r D� Bylaws ane2n_�o 2_de 10 of 17 distributed to members of the Planning Commission three (3) days prior to the meeting. 7. After all persons have been heard, the presiding officer will ask whether there are any other persons in attendance who want to be heard on the matter pending. The presiding officer will explain that the Planning Commission is going to deliberate and that the Commission may not take any additional public comment prior to closing the hearing and taking action. The presiding officer will then ask one more time whether there are any other persons in attendance who want to be heard on the matter pending. 8. The Planning Commission addresses the subject matter through deliberation. The Planning Commission may ask questions of the staff and City Attorney. Planning Commission members should refrain from calling upon a member of the public except for the sole purpose of asking a question that can be answered by a "yes" or"no" response. 9. Once the deliberations are completelf there 66 nn other testimon\/ the presiding officer requests a motion. There are two (2) 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 Staff Liaison and the Planning Commission, shall select and announce a time and date certain for the continued public hearing. No additional publication or notice are needed if a hearing is continued to a later specified date. No public hearing may continued more than once without re-notice, publishing the time, date, location and subject of the public hearing_ eFnFn sennnd to formally nut the matter before the Planning ommiocion The P-L—annimfmCornmiccion addr-essesccec the ci meet matter thrn,ugh elibera+inn The Ranninn Gemmdssmen may ask questions of the staff and City Attorney. If the p bhG hearinnq has beenneed Dlanninn Carnmissen meffhnef&- shoo ld refrain from Galling i rr.on a member of the puhliG evnent for the sole purpose of asking—g-11—fin that Gan he —answered by a °0vec" OF '1nn" respens, .910. If the public hearing has been closed, rather than continued until a date certain, the Planning Commission may take action on the subject matter. 408: QUORUM AND VOTING: At each meeting a majority of all the members appointed (e.g. three out of five, four out of six), atleastthree out of fi.,e shall constitute a quorum for the transaction of business. The voting options available to the Planning Commission when a vote has been initiated are: aye (affirmative); nay (negative vote); and a qualified abstention. When a vote is to be taken, the presiding officer shall first call for the ayes, then the nays, and if applicable, shall call for abstentions. The votes of each member shall be recorded in the minutes. If a member of the Planning Commission is absent during a vote, the member's vote for the official minutes shall read as "absent". 401 MEETING SGHEDWLF=� The Planning Commission sha" establish a regulaF mee shed'ale nlotiGe of all meetings, beth regular and spesial, shall fellcm the requirements of the Minnesota Open Meeting Law. All regulaF meet*RgS shall be h WAdvisory Bodies and Comm+to s�oi. .ing ro,,;,mission\PGgyl i<.�s oa„ezo-2n12.doG11 of 17 407. AGENDA AND MEETING FORMAT: Buss }e66of htmeeting will be GORdUGted the FneetiRg date. To meet this SGhed6i!e the Community and F=GGRC)FnOG Developm h R the PlanniRg GGFnFRi6SiOR agenda paGket. The information pFavided by staff should %RfGFmatmen should explain in detail the staff Gomment6 oF work, or state that the 6 will present the ReGessary details and GOMments at the meeting. The FneetiRg ageRda will be pFepaFed aGGGFding to the fell i 1. Call to Orde 7 Rz� "Icvri-Gall 3. AppFeval Of MiRutes 4. ug6 .5 Old B teinecc 6 NewNeRt,oine6s v 8. AdjGUFRment 483 MINUTE PREPARATION- The M.nutes of the meeting. The meetiRg PFE)Geedings wall be taped, FeGGrded and Fer,ording may also be prepared for the purpose of rebroadGast of the meetiRg on the Z— Names ef the nemf1�SG�8eTrc will he lft'fV t d after their vote OR the ImntifOTn GoFFeGtions, the presidiRg Off iGeF shall state the next regularly GGheduled meefing. The MiRutes shall be reviewed by the PlaR i _ COMMiSGOOR and the pFe6iding OffiGer shall Gall for aRy additions OF GOrrertiens. if Cam addotion OF GOrFeGtion is presented, the Ghange must be speGifiG as to p!aGe--,, E;eGGnd and a majority vote of the member6 present at the meeting. if there aFe no tt the minutes am approved as read." the mS 1. All munutes of the Planning Commission will be kept on file iR the OffiGe of the Gity format. Wrotten meeting minutes adopted by the PlanniRg GO �e 2. All the audio taped PFOGeediRgs, eXG'udqRg publiG hearings, must be kept for a- . . n of one year from the date of reGOFd+'plg-- All audio taped pFeGeedings that 'RG'ude publiG hearing6 mu6t be t foF seven. aPGgylaws--Jurye-2012:do 12 of 17 4. All meetings videe taped for the purposes of Fe broadE;ast OR the Gity'S loral Gable e+hannel will not be retainer) outside of their ,,se fnr re broardoastC vnurrrrcr7vnrrrvc'u�cct-tTrTca cn kept by the Community and F=GGRGFniG Development SeGFetaFy-. miRutes by statiRg that he/she desires to go on the reGord. These Femarks 6hall be required by a member. 404. ROLES 4T MF=ET4�_ a On the majority of agenda ifif Rot all iterA6, the-time for rlirent nitizen input GE)rnment6 and questions will be irnme6ately afteF the Gity Staff repoFt and/Of presentatiOR. During this time period, every MembeF of the publiG desiFiRg tO 6peak presiding OffiGer shall let all pFeGeRt speak ORGe before peFrnitting per6ons to spea agaiR OR the same subjeGt. 2 Immediately a#eF Gitizen finished OR the R66ue, the members of the PlanRing Commission take tUFRs addre6Ging the issue. Any Planning Commissm menmbbeF may Feb+oggRize a member of the n„blin for the purpose of askiRg ng rneFAbeFs of the publiG to answeF a question dUFing the time they have 3 Memb2FS— of the QeRal p„blir int eFGsted parties or e+" authorize represeRtatives may address the Planning Commission by written GOFAMUROGati The GGMFnuniGation(6) shall be read by the presiding OffiGer or her/hi6 designee. 4 QRe member of the Planning (`nmmi6Sion shall sees-a6 the-Chair and-ens VwGe Gha*r. The ViGe Chair shall preside at all meetings when the Chair is absent from she meeting. When the—ViGe_Chair is presidi;g at the meeting he/6he s#a�4 if mnrthe-event the Chair absent, the CommunityTET SUGh a time that the Planning COMMOSSiOR e!eGts amORg itself a meFnbeF to pFeside at the meeting After member of the Planning Gommissien ha6 been seleGte� t� CtcZrrc-rrrcca�rr9-rc,zcr-aTrrcn-rvcr n��9 vv,i 6hall step down. The presidiRg OffiGer, at all tames, shall be allowed to vote on t same manner as all other GOMM566ion erers. 6 The presiding OffiGeF ha6 two un nterpretiRg and applying the Fules of the obligatiOR to be and objeGtive OR GondWGting the meeting. M Advisofyy-Bodies and-Corn mittees;Plann+ q CornrnjssieaaPC_By!aws �>_oa,,e 201=Qes13 of 17 the hearing or read the p„bliG notine Galling for the hearing into the red•nrd of the meeting prnneedings a member of the Rlanning CC)MFnissinn has the floor and they expressly recognize • Decide whether motions are properly mode I"lecide whether g„estinns of special privilege ought to he granted - mac.,...... .............. ..�.,.....,...,..... ... ..p......... �.........y.. ought ... .,... �..........•.. =DeG,drac whentZG FeGGORize speakers. • Expel disorderly persons from the meeting • Enforce speaking procedure-,. &ROPPOFtLiRe tome for the purpose of delaying or embarraSSiRg othep, the presWing OffiGer may rule the motioR out of erdeF OR her4his own initiative. AAG! PUBLIC HEARING FORMAT: R„hlin heari�j shall he nnnd„nted OR foil ' manner• r � heaf+n g. 2 It i the intent of the Planning Commission to open all public hearings at the tim PlanRiRg COMMOSSiOR may delay the start ef a hearing unto! the pending business JS prior to the time spenified in the nntioe and published in the nfficial_neW6papeF. presidiRg 9ffiGeF asks the PlaRRiRg Commiss.en membeFs Of they have questiens of- the Staff OF GGRSU!taPA-. M':\Aduisory-Rodtisa d committeeswia Co ,,,,,GRPC���.X14 of 17 II ■ ■ ■ \ • ■ ■— 1 I— ■ • I WNW -loI -T- - - 1.1.ON. ■ ■ l ♦ ' 'ON 111111111 ♦ . TM Mc - s s• _ - • xs thaR GRGe without re n9tiGe, publishing the time, date, IGGatien and subjeGt of Planning Commission may ask que6tiGRG Of t�e Staff- If the publiG hearing has publir,eXGept for the sole purpose of asking a questiOR that Gan be aRswered by a- pub"n hinn nnmments Planning GnmmiSSi n may take antion on the subjent matter. Vete,406: QUORUM AND VOTING: At earh meetiRg a majeFity of a!1 the members appointe least three eut of five, shall r-,A-Rq-tit--,te a queFum f9F the tFaRGaGt*A-.A A-f bl-lfsine-663. The vating options available to the PlanniRg Commission when a vote has b D Ritiated are� aye (affW4:pative); nay (negative vote); and a qualified abstention. When a vote as to be taken, the pFesiddR9 effir--er shall first Gall feF the ayes, theR the Rays, and 4 appliGable, shall Gall for abstentmens. The votes- of eaGh mernber shall be reGerded +'R the MiRwtes. If a Member of the Planning GGMMi66iGR is ab6eRt during a the m embeF'�nottffmnshall,e for the oini�+I iutes shead as `�Jent".IISS5] SECTION 500: MOTIONS AND RESOLUTIONS 501: The Planning Commission may take formal action in one or two methods - motions, or resolutions. All motions in any form require a second unless otherwise stated below. All votes of the Planning Commission in any of the two methods require a majority vote for approval unless otherwise specified below or prescribed by statute. 502: MOTIONS: A motion is a matter of parliamentary procedure. Motions are a formal method of bringing business before the Commission and for stating propositions on which a decision will have to be made. It also can be used in the form of a proposal so that the Planning Commission can act by resolution. Motions may be used to introduce resolutions, to amend them, and to take any other actions concerning them. Motions may also be used for action on simple administrative acts, such as approving the monthly department reports, or directing the Community Development/Natural Resources staff. Every motion shall be stated in full and be reasonably understood, to the extent practical, before it is submitted to a vote by the presiding officer. 503: RESOLUTIONS: Resolutions are normally used to reflect the Planning Commission position on items of business that do not require or warrant an ordinance. Resolutions may be enacted on a motion, which has been duly seconded, and received majority vote. The Community Development/Natural Resources Director will maintain a record of all resolutions and will be responsible for the proper numbering and execution of each resolution adopted by the Planning Commission. MlFldvisery�ies-and-Committees\Pia.,.,i ng Comm son\Pr Bylaws lune 2-012:dod6 of 17 SECTION 600: SCOPE OF POWERS AND DUTIES 601: POWERS AND DUTIES: The Commission shall act in an advisory capacity to the Prior Lake City Council and shall advise the City Council on issues related to zoning and development identified in Section 200, except as provided by State Statute, or as assigned to the commission. The Commission Chair shall give an accounting of the Commission's activities with respect to its goals and objectives before the City Council. Additionally, specific powers, duties and responsibilities may be assigned to the Commission upon approval of the City Council. 502: SUBCOMMITTEES: The Commission may divide its membership into Subcommittees as it deems necessary to implement its goals and objectives. SECTION 700: AMENDMENTS 701: AMENDMENTS: These bylaws shall be reviewed by the Commission annually. The Commission may recommend revised Bylaws to the City Council for final approval. M Advisory Bodiesa �'.,a oar.,.^!tte....',R� ws-June 2042 rinn17 of 17 CITY OF PRIOR LAKE TECHNOLOGY VILLAGE BYLAWS Approval EDA City Coun October 29, 2012 November;--20-12 January , 2015 SECTION 100 PURPOSE 101. The purpose of the City of Prior Lake Technology Village Bylaws is to provide a set of operating procedures for the Technology Village Board of Directors, and to establish a code of ethics and conduct. 102: The Bylaws shall be reviewed annually by the Technology Village Board of Directors. Changes or amendments to the Bylaws agreed to by a majority vote of the Directors at any time may be recommended to the City Economic Development Authority ("EDA") for final approval. SECTION 200 STRUCTURE OF GOMMITTE€BOARD 201. BOARD CREATED: The EDA G} y-Goun twill appoint a minimum of five (5) and a maximum of nine (9) members to the Technology Village Board of Directors based on recommendations received from the Technology Village subcommittee and the EDA. The Technology Village Board of Directors shall include a minimum of one (1) member of the EDA. The Technology Village Board of Director members initially shall be appointed for staggered terms of one, two and three years beginning on November 1 and ending on October 31; and thereafter upon expiration of the initial term for three (3) year terms. The EDA member(s) appointed to the Board shall serve terms that coincide with their EDA term of office. The members of the Technology Village Board of Directors shall annually elect officers in accordance with the procedures of paragraph 205 herein. 202. DUTIES OF THE BOARD: The Board shall act in an advisory capacity to the EDA and shall advise on matters related to Technology Village as identified herein, or as assigned to the Board by the EDA. The Board-Cha+r sbaH g+ve ars-acc—GaRting-of the Bear4 s--ao-tiv+ties-w h-respect to its-purposes;-goals-and odjeG+"��iVeS.-AdditiGna4y, sgee+fio pry, dutiesz^ respor�s+bil+ties rrfaeaes+gr+ed to the-Board-upea approval e#the-E-DA. The duties and responsibilities of the Board include: 1. Plan and formulate policy to guide the programming and direction of the Technology Village program; 2. Assist in the hiring of the Executive Director position; 3. Assist in screening prospective incubator clients; and 4. Ensure the overall financial viability of the program. 5. Serve as a liaison between city government and the community; 6. In conjunction with EDA members or City staff, introduce potential or new business representatives to others in the commercial community. Board members should have the ability to provide network connections that will assist the program's Executive Director in creating links to investment and professional resources that support the success of Technology Village clients. The Board will be instrumental in promoting Technology Village in the community and generating awareness and understanding of the Technology Village program. 203. APPOINTMENT: The Board shall consist of a minimum of five (5) and a maximum of nine (9) members as determined and appointed by the EDA. Only residents of the Cid who are at least 18 years old shall be considered for appointment. Said members shall serve three (3) year-terms beginning November 111 and ending October 3111The Board shall consist of a minimum of one (1) member of the EDA, des-;anee the remit„ Mmap .e rlirenoter�esi�Teeee. aBQ and a number of residents, business owners, or other interested parties. desi nee andd the Giht Fin^.nne Ilirentnr or designee shall heev_nffinin nnn_intinn mprnhPrA of the Rn;;r.d of Dire6+ore_Non-Prior, Lake residents who are affiliated with a businesslocated within the City of Prior Lake or are affiliated with an organization which provides assistance to Technology Village clients may be appointed: no more than 25% of Board members shall be non-Prior Lake residents. Board members mqy serve additional terms upon approval by the EDA, based upon satisfactory attendance and participation and in accordance with the term limit policy established herein. Board members may be appointed at any time throughout the year. If a Board member is appointed at any time other than the standard City appointment process in October, the Board 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. In addition to the appointed members, the City Manager or designee, the City Finance director or designee and the Executive Director shall be ex-officio members of the Board and shall have the right to participate in all discussions but not the right to vote. for �tagger�d-ter�r+s-o€t#�ree-{-3}yews-fre►�-Nev�r�ber--'t-#$-Octe be��a. with business le-e-steed ...RN [ssi] 204. VACANCIES: If an appointed member of the Board resigns, is terminated, rea_che_s_a term limit or otherwise vacates a seat of the Board,_the EDA shall appoint a replacement in the following manner: 1_J_ Applications are solicited. A notice of the vacancy is made public and individuals may be encouraged to consider the position. The notice shall state the deadline for submittinq applications. 2_ ` Screening Committee. The City Manager or his designee the EDA liaison to the Board the staff liaison to the Board and one member of the Board appointed by majority vote of the Board shall serve as the Screening Committee. An individual subject_t_o re-_g ointme__nt may not sit on the_ screening committee. 2-014 3 _Appointment. The Screening Committee shall interview all candidates who have applied for appointment or reappointment and make a recommendation to the EDA. The recommendation of the Screening Committee will be presented to the EDA. The EDA may accept or reject the recommendation. If the recommendation is rejected the EDA may appoint another individual or reopen the application period and invite new candidates to apply. 'f an-off'tier's pesitierl beGGmes vacent �,ard shall e!eGt a suvicesser fron,its-rnember-.skfip-at-the next-regular-meeting-,--and-such-elec-tbn-sha[I-be-#cr-the--ueexpii�ed-term---Gf--said Office ------- ----I#an appointed mem ber Boardresignte;mn,�ted ^or otherwise-vacates-a-seat-$€-t -Beard t-he-P44or-Lak-eCi -a rep'Tace iefit-inthe-fo[lowing-manner: Apphcations--are solicited.--A-netice-Gf-the-vacancy-is--made-tic-and ndividuats--may-be-enoounaged to-consider-the-posit-ion. The-Cit} Manager or--desig-nee,ane-(I)-n4ernber-e#-t4 -EBA-t e-E—x tive Director,and-the Board ehair-unle��fhe e#+ee of the Bear-cha+r-is-tasanf,-as i fl i^t-T,,�Tiew-a-min Tm44:�T af4bree c-andidates,-e-r-all--e �'�'datesin, the-event-less-than-three-app[ieatfons-are--received -and r-ak-e-a-recommendation-to-the--amity--Got4ne4l--ala-person--may-be-invo[ved4r+--the discos-cion-or-appointme-nt-of-their-own r,c. Or The-recon)m ndatior+-of-#lie-interview panel-shalkbe presented-to-the City-Gouncjl-and-the-Gity erf�t yr roiart thee rarnmmcn__da-tivn�-F_tl-�e-_r�nnmmor�rl�tinr� is rou e the-Gi Ge-Un--il may appGiRt one of the other a-p1p -anether-guakf+ed person, or --the-vacanay4G4he-pu .[ss2] 205. OFFICERS: The Technology Village Board of Directors shall elect from among its members a Chair and a Vice Chair. Officers of theT—,Ghno;egy Village Beard sl+al�-be a ChairV;—GhairveGrzreta,ry an +easine The City Manager or his/her designee shall serve as Secretary of the Board and the City Finance Director or his/her designee shall serve as the Treasurer of the Board. Chair: The Chair shall be elected at the first meeting in November by majority vote_ of the Board members present at the meeting. The term of the chair shall begin in November and run forbear. The duties of the chair shall include approval of r _ __ meeting_agendas presiding at meetings, and givin a_ g an accounting of its activities and PRLInformation the Board may consider relevant before the EDA annually or as directed otherwise. The-Chair-of-th(- Board--shall-tie-appointed-in-Novemberfrom among-the-Board's--membership by-a-ma}or+ty-vete-ef-the-Technology V- age Board. The-duties--sf the--Ghai r,_i n G1 ode_ Review-and-a-pprave meeting-agendas: Preside-at-meet] gs Participate with--the Tesla-nology-Village selection--corn-nmittee-and-the City-Gouncil-in the-selection of Board-members lie pr,&sefat-the-BoaFd-a_s--a-pprepr+ate Vice-Chair: The vice-chair shall be elected 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.T-ae-Vic-e-£hair--shail--be-appoir3ted4n-Noveniber from among-Ahe-Board's-rnen•+bership-b-y--a-rna}erjt-y-vote--af-the T-ecta+ao[ogy Village Boardd-ssh_alj--np�-f.Rrr-n._the duties of tho Choir i�c/her absenro --T-h"c-e-C#a}r ^ ,�'�,�1.,'h"�,..,". c.�c�rrc�-vr-cr,�-vrlu'r (.�r.,T rte.-r-crp�vc rr cc.-. s-h-aWassur� Yotber-daiies as actin n�rl hi_tFte-l�tTa.�-r: Secretary: The Secretaryr shall be responsible for recording and_comgiling a written summary of all official activities of the Board The Gity-Manager-or-his/her-designee 3_ol'14 shall-ac-tas the ble for-reeerdi, and cornpding-a written sumry-ef all effieial tvitof the Board. Treasurer: The C y-F4nanse-slr-ectvr or r4",���act-as-the-Treasurer arm shall receive and is responsible for all Technology Village money; shall keep an account of the source of all receipts, and the nature, purpose and amount of all disbursements; and shall file the Technology Village's detailed financial statement with its secretary at least once a year at times set by the EDA. Vacant: If the office of Chair or Vice-Chair becomes vacant, the Board shall appoint a replacement by_majoritvvote of those members present at the next regular meeting, and such election shall be for the unexpired term of said office. 206. TERM LIMIT It is the policy of the Prior Lake City Council to impose a three term service limitation for all appointed positions to the Technology Village Board of Directors. 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..-It is the-policy-of-the Prior Lake--City-Counci-I to-impose-a-thr-ee-terra-{ar---p--year-}-service lirnitat+on-fof,all-appe-inted pos+tions-wit-hin-the--eomniittees-and-cernrn+ss4on--{partial terms-do-i no-t-E$�nt�3v1/ar-d-trhre_err'�'rr The purpose of the term44*t_p.el4cy4&4o enGGuurageres+ydent ipa advisory +d reve-cer unity meTdDer-s-with-the-the4iGipate in their Inco) rnio rrmon 207: REMOVAL OF MEMBER: Any member of the Technology Village may be removed from office for just cause by a four-fifths (4/5) vote of the entire EDA. Just cause includes but is not limited to the following: (i) failure to attend a minimum of 75% of meetings; (ii) failure to attend site visits/inspections; (iii) failure to review and understand agenda materials (iv) failure to participate in an appropriate and productive manner; and (v) failure to continue to meet any requirement set forth in Section 203.1-earcl-may-be-removed--frarn-the-Board-dy-a4-our-fifths--{4l&}-vote--ef-the€-DA---lfi add4ion,any meter may b€ e+ oved-for-reguInonattendaqGe at Board meetings by a4eur---fifths--�41�}-vote--of-4he-E-0A- [SS31 SECTION 300 STATEMENT OF ETHICS 3_01: POLICY STATEMENT: The Cid of Prior Lake recognizes our system of democratic representative govei nment_is de-pendent 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 goodgenerally and that public office will not be used chiefs 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 objectivityfrm 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 ep pl --- ® Governmental decisions and policy are made in the proper channels of the qovernmental structure, ® Public office and position not be used for personal gain; and 4_ot'14 ® _ The public have confidence in the integrity of its government. 2 The City of Prior Lake shall adhere to the h(ghest 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 fairnes_sL optimism, responsiveness and respect in communicating with the public. • Providing a forum and periodic training for public officials and employees to discuss orqanizational values that reflect hiqh 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 promotinq ethical standards of conduct.. 3_02: ETHICS IN GOVERNMENT: Minnesota Statutes, Chapter 10A Ethics in Government, is incorporated herein by reference. Thisop licy 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 thinq 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 ep rmit the unauthorized use of City-owned vehicles, equipment materials, property, labor or services for personal convenience or profit. i 305CONFLICT 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 ca_paciy 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 mernbers of the official's business classification, profession or occupation, must take the following actions: 1_ Advise the City Attornev of the potential conflict of interest as soon as possible preferably before the meeting; and 2----.The City Attorne�r shall determine whether a disqualifying conflict of interest exists. 3Any_Board member shall orallyinformthe Board 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 adecision-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 factspresent. Arnong the relevant factors that should be considered in making this determination are: (1))nature of the decision being made (2) the nature of th_ e pecuniary interest; 3 the number of officials makinq the decision who are interested (4) the need, if anv, to have interested persons make the decision; and-_(_5) 5 of 14 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. 301 - - ---P-01=l-CY-STATEMENT:-The-City-of-Prior-Lal-e-recogaizes-ow-systeni-of-der-noeratic represeRta� emraleRt-IS dependent-in— av4ng-gust and Goennerrve4R4hei public-official$ The public rightfully experts governmental y-o#-P jor-Lake__buciness in ways which benefit thepubfiE el gneraly--ar}d that--pL4bies it-behor -- li&offcll-noe-usd-ciefty-or-imprpe1y--teadvf�ance personal-interest_.--The City-f-Prior-Lak.-has--pledger-that the goals-G4fa+r,efficient nnrlerra hnonesi� nl er�t�F�/{�� be fostered tin t-wFll-etri�inrrv-e4o- integr't�,, and-o�e-GtMty from all of its Off 4--The-;ty-of-P-rior_Lake-4inds-that-tie-proper-operation of dernoeratic4epresenta4ve government-r-eq u i res-that: $---€tested-and-appointed-o#is4ats-be-Independent.-+mpar4al and respor+siUe-to-the pe-o -0overrimental-decisiefi-s-and--pa -y-be-rr+ade4ri- h nets-of-the gagernF�enta�-str�.+c-fere; + Pbllic a##ice r►ot be-used#or personal gain;and --The public--have--confidence-+n-ttie-O eoty-ef-it-s-fig v rnm`;t: 2. T�-rhe-City-of--P�riorLake shall--adhere-t-o#h-E,-taighes nce publi_ trust on local government by� ¢-- rea#+r►g tr its actions-thre , +-----Basing des+signs-a-nd-adopting public-poli s-based-en-what4&4n the best interest of the pt blie-and-avefatl ty; -,Supporting the pubtic-s-right toknewthe p bliG's business; +--E-xQrng-fairness_1_01-rib -Fesponsweness and FeSPeGt in GGMM un'Gab,,-,, with--the-public;-and +---�'-roviding-a-#er-ern-and--pe riodic�r-a+nfr�g-ferulic-and-appofr}tee4-officials-te di-&Gus- --arganiz-ational-values-that-ref-eot--high-standards d--c� ,e44t-c-onditions and-nnnner -3,---This-TStaternent-of€-tl-i+cs-s#-iall-be-liberatly-co-n-str-L ed-n-faver-ef-protecting the poblie'-s-interest-in-#ut4-disclest+re-o€-cenfl icts-©f-inter ting-ethical standards duct. 302 r_1�,,TS-ANp-FAV-OPS:.- N-o-p+4blic-or-appoir}ted-o#ficial-shall-aceept-any-gl#t,fav-or--or thing-of ,i cGarrrt valna,-whether-in-the-#orm-ot+a eney;:eYvis� 4oan thing or-preF ice from-any--per--seri which-to-the-official's-knowledge-is-eonear-nem-d+rectly-or-indirectly-in any4 annex- ih-atsaeve+--ire-b,o,&rRess-deating -v�4t 4-fi&-ity--Aceeptane-e-of-plaques trinkets,-mementos,oranfcrmational-m-aterial-wi4-a-resa4e-value-of4ve-dollars-4$53-or less-is-parmitted. 3�3________________---t�;3E-9F-€�LUP-AA€t�J��4�1�Q-�F��-IL-Ill€�=-lis-pt�blie-Qr-appointed-official-shalt-ree}�est ar-�t the-u 4a-athorized--use-of-G+ty--owned vehicles; eq }p+ ants property labor or-services_for-per-sonal c--onvenienc-e--er-pre#+t: 3040__ _ _----COIF-N-CTOF-NTEF�€ST;-kept as-attther4zedjn-Minn--Stat. 474A a public-effieer whorls-aut-hoflzed-te--tabes-part-in-an -manner-in-making-an,y,aie-tease-or-con#raet-+n official-capacity-shallnet-votunttarily-have-a-perso+gal-f-naaGialal nte-rest4n-that--sa4a, l^eta--se-_or-cont,m-��orpersonaq,1 -bene#Et-finandally-fJhe-r-e#G n--(M nrr-stat--Sect+on 6of14 c7+cil_gr_Gc-al-offin��TGia��d-.te- nted by a metropolitan governmental tun ..ho the-disc-barge-of-effic-4-du+ fake an act On-or make a-decision-that-would- ubsta tiaal3r a#feat the©ffte4all fmaneial-interests-er-hose-c�f-an associated-busine ,-unless the the effect__ --other members of the officials b iciJ�ne&c Glass dfF Gafiecc�tian-must take the following-aGtion& ----Ad-We,e-the- -At4Gr4-e-y-of-tbe-potential conflict of intere,st-as. fbla, preferably-befare-the-meeting;--aid J y 2--The-City-Actor-nay-shalt-deter+�aana�rhi�etl�T-a--t7isg4aT�ng c8f�fliGt-o-ime�-5. 2-. Or-ally ir-Tfonnn the o fl participation in that agenda item if a conflict is found to o exist. Tie--pwrpase--behi,gd the-creati-on-of-a rule,which-woutd-disq-ua[4y-public-or-appointed off+Etals-frog participatingF-in-proceeding s-in-a-decision-making capacityFwhen-they have�rect conflict-9f rntGrect in its s outcme-, is t� coi sure that their 6n-w t be an itrary ref4eGtk)-n--of-the*--cself;,shm tereSts- ctOF'3:-----------MISUSE OF OFF!QAL-P�-OSC --NG-ele-cted--er=appGtnted--off4can-nUp-u- e-hnsvr official-position-for-a purpose--t-hat--is -or-would-to a-reasonable person--appear to--be primarily-for-the-priv-ate-ben fit-of-the-effic+ai: SECTION 400: CONDUCTING MEETINGS 401: REGULAR MEETINGS: In conformance with the Minnesota Open Meeting Law all meetings �v of the Board are open to the public. Reqular 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 dependinq upon unique circumstances and subject to the approval and consent of either the Chair or Vice-Chair. 40.2: NOTIFICATION: A schedule of all reqular meetings shall be kept on file at the City Clerk's Office. Notice of all meetings sh—all bas reqM _ e presided required bv.the Minnesota Open eetinq Law-- — - 1. Unless extenuating circumstances exist, a copy of the notice, agenda and accompanyinq materials shall be received by the Board, staff and others designated by the BoardLno_later than three (3) business days prior to the next scheduled meetinq 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 Meetinqs of the Board may be called by Chair or any_members of the Board for the purpose of transacting any business designated in the notice. Staff may recommend calling special meeting but must receive approval from either the chair or two members of the Board. Notice of a special meetinq shall be provided as required by the Minnesota Open Meetinq Law. At such meetinqs, no business shall be considered other than as desiqnated in the notice. 4_0_4: AGENDA AND MEETING FORMAT: Business of the meeting will be conducted according to the Agenda prepared by the Staff Liaison. A memo, report or brief explanation of each agenda_ item shall be included in the Board agenda packet. The information Loovided by staff should serve to inform the Board of_t_he subiect_matter under discussion. The information should 7 o1'14 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 22.Roll Call 3. Approval of Minutes 4. Hearings 5. Old Business 6. New Business 7. Announcements / Correspondence 8. Adjournment 4.0.5___ MINUTE PREPARATION. The Staff Liaison is responsible for the preparation of the minutes of the meeting. The meeting proceedings will be audio-recorded and written minutes will be preeared. The written minutes of the meeting as approved by the Board are the official record of the meeting. The audio recording is intended to supplement the minutes for the purpose of an"on the record review" in a judicial proceeding.A DVD recording may also be prepared for the purpose of rebroadcast of the meeting on the City's public access cable channel. The following two requirements for "minute" preparation shall be adhered to: 1. All motions typed in capital letters. 2. List the names of the Board Members after their vote on each motion. The official minutes shall be prepared and presented to the Board at the next regularly scheduled meeting as part of the agenda packet. The text of the minutes shall consist of official Board business conducted while the Board 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 Board 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 meetinq unless otherwise provided by these lvlaws, State Statute or City Code Board members who were not present at the meetinq for which the minutes are being approved shall abstain from vot M on the action to approve the minutes. The Staff Liaison is responsible for the maintenance and filing of the minutes. 1. _The approved minutes shall be retained as apermanent record of the Board meeting: 2. The approved minutes of the past twelve months of Board meetings shall be available on the City Website.. 3.__ All audio and DVD recordings will beretained in accordance with the-City's data retention_ schedule. 406:_1111 ROLES AT MEETING: 1 All meetings of the Board shall comply with the Minnesota Open Meetinq 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 Board helps to develoaa more enlightened interested and Participatory citizenry. 8_ol'14 2 Any Board member may recognize a member of the public for the purpose of asking question(s) relating to the matter under consideration by the Board. Members of the Board 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 Board 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 Board meetings Board members may want to consider contacting the Staff Liaison in sufficient time prior to the meeting, to advise the question they_intend to ask in order for the Staff Liaison to attempt to brim the additional information to the Board 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 Secretary shall call the meeting to order and preside until such time the Board elects among itself a member to preside at the meeting. The presidinq officer, at all times shall be allowed to vote in the same manner as all other members of the Board. 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 tobe impartial and objective in conducting the meetinc_ 6 The presiding officer shall recognize all speakers from the audience, except when a member of the Board 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 Board. This may occur in a variety of ways, including_ v • 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 berg anted` • Decide when to recognize speakers. • Call for motions or recommend motions. •_ Expel disorderly persons from the meeting. • Enforce speaking procedures. 8 The presidinq officer is responsible for maintaining order at the meetings. Although meetings must be ogen to the_g_ublic, no person who is noisy or unru�has aright to remain in the Council Chambers. When individuals abuse their rights to be present, the presidinq officer, subject to overrule by the Board, can order their removal from the roorn. 407: PUBLIC HEARING FORMAT. Public Hearings shall be conducted in the following manner. 1. The _presidin_g_officer announces the agenda item that is the subiel ct of the public hearing. 2. It is the intent of the Board 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 Board 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. 9 01'14 3. Staff and/or a consultant make apresentation or report on the subiect 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 Board members if they have questions of the staff or consultant. 5. The presidin officer requests a motion and second from a member of the Board 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. ® Members of the public, interested parties or their authorized representatives may address the Board orally. If the speaker intends to present written or hard copy materials to support their presentation to the Board, they must provide the staff, at the tirne of their presentation or before, seven (7) copies of the original for distribution to Board members and Cit s� taff. If the materials are lengthy the members may not have sufficient time to review the materials during the presentation_please consider providing materials in advance to allow the members sufficient time for review. The materials will be included in the ublic record. If the speaker intends to present audio or video materials to support their presentation to the Board 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 should be submitted to the staff by 12:00 p.m. noon of the day of the meeting. The City will use best efforts to play audio or videopresentations however, if there are technical or other issues the City will not disrupt a meeting in order to play the presentation. All materials including audio and video presentations are subject to the presiding officer's lodgment relating to timeliness and relevance. ®_ If unable to attend the meeting members of the public interested parties or their authorized representatives may submit written comments and sup ortin materials. Seven (7) copies of the comments and materials must be submitted to the CitV staff prior to the Board meeting. The comments and materials will be distributed to Board members and City staff. The written comments and materials will become part of the record, but will not be read aloud at the meeli[Ig If unable to attend a meeting, members of the public_, interested parties or their authorized representatives may submit testimony to the Board 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._pm audio or video presentation may not introduce testimony from any_person other than the author. The author of the recorded testimony must provide seven ffl_copies to the City staff at least seven (7) calendar days prior to the meeting in order to allow staff an opportunity to view the presentation and prepare a_written summary. The recorded testimony and summary prepared by the staff will be provided to the Board as part of their Board agenda package._The audio or visual communication may be used by individual Board members in preparation for the Board meeting but will not be played during the meeting. The presentation and the summary will become a part of the_public record. Generally., Board agenda packages are distributed to members of the Board three (3) des prior to the meeting. 7. After all persons have been heard, therp esiding officer will ask whether there are any other persons in attendance who want to be heard on the matter pendinq. The presiding officer will ex Iain that the Board is oin�to deliberate and that the Board may not take any_additionalpublic comment prior to closing the hearing and taking 10 of 14 action. The presiding officer will then ask one more time whether there are any other persons in attendance who want to be heard on the matter pending_ 8. The Board addresses the subject matter through deliberation. The Board may ask questions of the staff and City Attorney. Board 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 "Cres"or "no" response. 9. Once deliberations are complete the presiding officer requests a motion. There are two 2) 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; o_r � • A motion and second to continue the public hearing to a date certain. The prresidin officer, in consultation with the Staff Liaison-and the Board shall select and announce a time and date certain for the continued public hearing. No additional publication or notice 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, dater location and subject of the public hearing_ - 10. If the public hearing has been closed, rather than continued until a date certain, the Board may take action on the subject matter. 1SS41 408: QUORUM AND VOTING: At each meeting a majority of all the members appointed (e.g. three out of five four out of six) shall constitute a quorum for the transaction of business. The voting options available to the Board when a vote has been initiated are: aye (abfwpative ; na (negative vote)- and agualified abstention. When a vote is to be taken, the presiding officer shall first call for the ayes, then the nays, and if applicable shall call for abstentions. The votes of each member shall be recorded in the minutes. If a member of the Board is absent during a vote, the member's vote for the official minutes shall read as "absent". 48�:--------REGI low�R"yam fPdG�-to cenfern}ase w+tk�the meet+rigs--ef--t#eBs-ard-amen-tehe paiR�eetiflgS shall-be "-rr �r,-a mini r-x�um--of-a-quarterty-basis during-each-Galend aryeaf--at--Prier--La-k-e-C}ty-Hatl,-4646 Dakota-Street-SE,-Prio-r-Lak-e -Minnesota---Regu arms-may-he-resc-hedAed-; nanrolcrJ nr rha ed d ♦n n--w rG�ec and c�ihieGt 4G4he approval and t-ef-bet#-tfl-e-Gha ir-and-ViGe-Chai r- 402- - -------NOTl€4CCA-TIOAJ -Ail-regulaf-meeting-s-of the Board�be neticecl-as-requiFe"y#ie Minn_sota-Open--Meeting-L-a\w 403-.- SPECIALFET,lf�,lrrv,��}S,-pS��ec-�a�- & tinny r9-�r_of l4e Rnard may be miller! by the G#air,-+er two-(2) emrbc r9 Vt ltle �3Q -f{3r�e of tr crarnrsa Minn any business des rated in-the--n®tiGe--Bfa#f-rn-ay-r�cGarr�rnend-Gall+r►g--a-speGia!,rv;eeting-,-hut-+�►t�sf-r�GeiveJ approval-fro►n-either the Chair-or two members-of the-Board---At-„uG-h-meetings;-no business--s-hall be--considered-other tki a n-as-designated j4--tbe-n etire-the-meeting,-mss ideptif+ed in pa, g-r-*n,- 2-herein QLIORUMFOR-RE-G.♦ULAFS-AND-CP-E-C}IAL--M- T-lN^G-S:--Fifty pereeRt-of--Beard � e r}�'h � sn i i-G'�n 'ti t.�-.,Lte--iii--q-i.�'�rE'�- - 63r-ttt�.”-p-u•'rp�CJ e-di-n v n r�Ni v4 m y i t c h u s i n o e c -b t-a &mailef number-may-adjourn from-time to4inae-until-a goorum-4s obta;necl- When-a 11 qf'-14 - Gtioa-maybe-taken by the Board upen-a vete of-a a}or+4--of }hrr�e-[2 �rJ ,rc,�,e-se it 405:- -- ------CONDUCT OF-BU&INESS--ATUE-E-TINGS egutar y—schedL�led meeting shall th.e_#e.l'lew♦ng in-order 1. Call to Orde z2- Approval of Minute 3. 01-B c icr.T-� 4.---Ne,�, Ro, QF:i e 5. Staff Updatee 6. Adjournme-nt I(` HEAR! 406:--------- -P�B��m�r,.��- Gonduct-a-P-jb4&-Hearieg_c n-any-sedject-or-+ss&+e--refat4ng to ratter -with -the--scope of it-s-jurisdiction--The-Boa rd--will-prepare-a-repertto-the-- DA--based-on--the-publicgraput received-vn-r-the s bjeGt�ie. 407—.- ----AADTa P1C:-Th&E-G. -Direster-,-Cit-y Manager-or-design- l=inan£-e O-ireGtor-oPdesigne,e-shall-be e-x-affieao- nen-voting-member-s-af-t-hie--Beard-ef-D*ecters-.- AII-o en-members-Gf4he--Board--have equal-veting--auther4y-. SECTION 500: MOTIONS AND RESOLUTIONS 501: The Board 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 Board 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 parliamentarylrocedure. Motions are a formal method of bringing business before the Board and for statinq propositions on which a decision will have to be made. It also can be used in the form of a proposal so that the Board 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 monthiy department reports, or directing Cit Staff. Every motion shall be stated in full and be reasonably understood, to the extentrp actical, before it is submitted to a vote by the presidingofficer. 503: RESOLUTIONS: Resolutions are normally used to reflect the Board 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_majoritv vote. The Staff Liaison will maintain a record of all resolutions and will be res onsible for the proper numbering_and execution of each resolution adopted by the Board. SECTION 600 SCOPE OF POWERS AND DUTIES 60.1_: POWERS AND DUTIES: The Board shall act in an advisory capacity to the EDA and shall advise on EDA matters identified in Section 100 and Section 200 or as assigned to the Board by the EDA. The Board Chair shall give an accounting of the Board's activities with respect to its purposes goals and objectives to the EDA on a regular basis Additionally, specific powers duties and responsibilities may be assigned to the Board upon approval of the EUA. 12o114 14 602: _SUBCOMMITTEES: The Board 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 Board annually. The Board may recommend revised bylaws to the EDA for final approval. SECTION-600 SCOPE OF TIES 002- - _--------SUBCO-NWITT-E-Ems:---T-he-Board--may div+de-its-mernbe-rstiip_irito-Subcomm+tfees-as it deem ,reGessary tG mplement-iis owls-and�b}eetive S€GT40 4--608 AMENDMENTS MR- - _ on—,-, - DMENT--S-L-These-bytaws-shall-be��:e ie-o d-by4he-B�y-.--The43 ar-d may-resammer+d-revised-bylaws at--any-*iie-te-th -E-9A-far 4nal-apprsval.-4ss51 13 oil'14 TRAFFIC SAFETY ADVISORY COMMITTEE BYLAWS Adopted January 5, 2009 Amended October 19, 2009 Amended January 3, 2011 Amended January 17, 2012 Amended January 13, 2014 Amended January 12, 2015 SECTION 100: PURPOSE 101: The purpose of the Traffic Safety Advisory Committee bylaws is to provide a set of operating procedures for the Committee, and to establish a code of ethics and conduct. 102: The Bylaws shall be reviewed annually by the Traffic Safety Advisory Committee, and any changes or amendments agreed to by a majority vote of the Committee shall be recommended to the City Council for adoption at its annual meeting. The City Council conducts its annual meeting at the first meeting in January of each year. SECTION 200: STRUCTURE OF COMMITTEE 201: COMMITTEE CREATED: The Prior Lake Traffic Safety Advisory Committee is created for the City, its purpose to be of an advisory nature to the City Council and staff on issues related to traffic safety. The members of the Traffic Safety Advisory Committee shall annually elect officers in accordance with the procedures of paragraph 206 herein. 202: DUTIES OF THE COMMITTEE: The duties of the Traffic Safety Advisory Committee are as follows: 1. Review community traffic safety issues and proposed solutions in accordance with Minnesota statutes. 2. Provide guidance to City staff on traffic safety issues. 3. Advise the City Council on traffic safety issues. 4. Conduct public meetings on traffic safety issues as directed by the City Council. 5. Recommend signage changes. 203: APPOINTMENT: The Committee shall consist of at least three (3) members and no more than five (5) members as determined and appointed by the City Council. Only residents of the City who are at least 18 years old shall be considered for appointment. Said members shall serve three (3) year-terms beginning November 1St and ending October 31St. The Committee shall be representative of the citizens who live in Prior Lake. Committee members may serve additional terms upon approval by the Prior Lake City Council, based upon satisfactory attendance and participation, continued residence within the corporate limits of the City of Prior Lake, and in accordance with the term limit policy established herein. Committee members may be appointed at any time throughout the year. If a Committee member is appointed at any time other than the standard City appointment process in 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. In addition to the appointed members, the City Engineer, the Fire Chief and the Police Chief shall be ex-officio 1 of 10 members of the Committee and shall have the right to participate in all discussions but not the right to vote. 204: COUNCIL LIAISON: Annually the City Council will appoint a Council member to serve as a Liaison between the Council and the Traffic Safety Advisory Committee. The role of the Liaison is to act as a conduit and resource for information by and between the Council and the Traffic Safety Advisory Committee and the Traffic Safety Advisory Committee and the Council. The Liaison shall make periodic reports to the Council on the activities of the Traffic Safety Advisory Committee. The Liaison shall communicate any Council input on a particular issue to the Traffic Safety Advisory Committee. The Liaison shall not participate in the discussion or deliberation of any matter pending before the Committee, except where the Traffic Safety Advisory Committee is meeting in a study or work session. The Traffic Safety Advisory Committee, at its discretion, may ask the Liaison whether the Council has discussed the subject under consideration and the nature of the discussion. The Liaison shall never use this occasion as an opportunity to communicate their personal position regarding the matter under consideration. A Liaison may always testify or submit written comments at a Public Hearing in their capacity as a private citizen so long as they make clear at the beginning of their testimony or their written comments that they are speaking on their own behalf and not on behalf of the Council. 205: VACANCIES: If an appointed member of the 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_ oaf feFth in the Gity G,,URGil Bylaws for I /lmmitt VasanGies- 1 Applications are solicited. A notice of the vacancy is made public and individuals may be encouraged to consider the position. The notice shall state the deadline for submitting applications. 2 Screening Committee. The City Manager or his designee, the City Council liaison to the committee the staff liaison to the committee 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 Appointment. The Screening Committee shall interview all candidates who have applied for appointment or reappointment and make a recommendation to the City Council. The recommendation of the Screening Committee will be presented to the City Council. The Council may accept or reject the recommendation. If the recommendation is re'ected the City Council mav appoint another individual or reopen the application period and invite new candidates to apply. SSI 206: OFFICERS: The Traffic Safety Advisory Committee shall elect from among its members a Chair, and a Vice-Chair. The Staff Liaison shall serve as Secretary of the Committee. 1. Chair: The Chair shall be elected at the first meeting in November by majority vote of the Committee members present at the meeting. The term of the chair shall begin in November and run for onethree years. The duties of the chair shall include approval of meeting agendas, presiding at meetings, and giving an accounting of its activities and any information the Committee may consider relevant before the City Council annually or as directed otherwise. 2of10 2. Vice-Chair: The vice-chair shall be elected 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. 3. Secretary: The Secretary shall be responsible for recording and compiling a written summary of all official activities of the Committee. 4. Vacancy: If the office of Chair or Vice-Chair becomes vacant, the 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 to the Traffic Safety Advisory 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 Traffic Safety Advisory Committee may be removed from office for just cause by a four-fifths (4/5) vote of the entire City Council. Just cause includes but is not limited to the following: (i) failure to attend a minimum of 75% of meetings (ii) failure to attend site visits/inspections; (iii) failure to review and understand agenda materials; (iv) failure to participate in an appropriate and productive manner; and (v) failure to continue to meet any requirement set forth in Section 203—G-6 n9Ratte RdaRro at Gommottee Meetinnc !aGk of paFtinipatinn er !aGk of FesideRGe in Drier 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. 3of10 • 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 Committee member shall orally inform the Committee 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 4of10 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, staff and others designated by the Committee, 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: AGENDA AND MEETING FORMAT: Business of the meeting will be conducted according to the Agenda prepared by the Staff Liaison. A memo, report, or brief explanation of each agenda item shall be included in the 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. Roll Call 3. Approval of Minutes 4. Hearings 5. Old Business 6. New Business 7. Announcements/ Correspondence 8. Adjournment 405: MINUTE PREPARATION. The Staff Liaison is responsible for the preparation of the minutes of the meeting. The meeting proceedings will be audio-recorded and written minutes will be prepared. The written minutes of the meeting as approved by the Committee are the official record of the meeting. The audio recording is intended to supplement the minutes for the purpose of an "on the record review" in a judicial proceeding. A DVD recording may also be prepared for the purpose of rebroadcast of the meeting on the City's public access cable channel. The following two requirements for"minute" preparation shall be adhered to: 1. All motions typed in capital letters. 2. List the names of the Committee Members after their vote on each motion. 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 5of10 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 Staff Liaison 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. 3. All audio and DVD recordings will be retained in accordance with the City's data retention schedule. 406: 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 Staff Liaison, in sufficient time prior to the meeting, to advise the question they intend to ask in order for the Staff Liaison to attempt to bring the additional information to the 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 Secretary 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. 6of10 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 in the Council Chambers. When individuals abuse their rights to be present, the presiding officer, subject to overrule by the Committee, can order their removal from the room. 407: PUBLIC HEARING FORMAT. Public Hearings shall be conducted in the following manner: 1. The presiding officer announces the agenda item that is the subject of the public hearing. 2. It is the intent of the 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 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 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 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. • IMembers of the public, interested parties or their authorized representatives may address the Committee orally. If the speaker intends to present written or hard copy materials to support their presentation to the Committee, they must provide the staff, at the time of their presentation or before, seven (7) copies of the original for distribution to Committee members and City staff. If the materials are lengthy the members may not have sufficient time to review the materials during the presentation; please consider providing materials in advance to allow the members sufficient time for review. 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 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 shouldniust be submitted to the staff by 12:00 p.m. noon of the day of the meeting. The City will use best efforts to play audio or video presentations, however, if there are technical or other 7of10 issues the City will not disrupt a meeting in order to play the presentation. All materials including audio and video presentations are subject to the presiding officer's judgment relating to timeliness and relevance.I[ss2] • If unable to attend the meeting, members of the public, interested parties or their authorized representatives may submit written comments and supporting materials. Seven (7) copies of the comments and materials must be submitted to the City staff prior to the Committee meeting. The comments and materials will be distributed to Committee members and City staff. The written comments and materials will become part of the record, but will not be read aloud at the meeting • If unable to attend a meeting, members of the public, interested parties or their authorized representatives may submit testimony to the 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 seven (7) copies to the City staff at least seven (7) calendar days prior to the meeting in order to allow staff an opportunity to view the presentation and prepare a written summary. The recorded testimony and summary prepared by the staff will be provided to the Committee as part of their Committee agenda package. The audio or visual communication may be used by individual Committee members in preparation for the Committee meeting, but will not be played during the meeting. The presentation and the summary will become a part of the public record. Generally, Committee agenda packages are distributed to members of the Committee three (3) days prior to the meeting. Z. 7—'After all persons have been heard, the presiding officer will ask whether there are any other persons in attendance who want to be heard on the matter pending. The presiding officer will explain that the Committee is going to deliberate and that the Committee may not take any additional public comment prior to closing the hearing and taking action. The presiding officer will then ask one more time whether there are any other persons in attendance who want to be heard on the matter pending. 8. The Committee addresses the subiect matter through deliberation. The Committee may ask questions of the staff and City Attorney. 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. 7-.9. Once deliberations are completelf thorn is nn etheF te6tirnnn.., the presiding officer requests a motion. There are two (2) 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 Staff Liaison and the Committee, shall select and announce a time and date certain for the continued public hearing. No additional publication or notice 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. FnGtOGR and a 6eGGRd to formally put the mattep before the Committee. The Committee addresses the subjeGt matter thFough delibeFatiOR. The Committee n4ay 8of10 eXGept for the sole puFpose of askiRg a question that GaR be answered by a "yes" Gr- 1,ne"resPGRGe. [SS3] 910. If the public hearing has been closed, rather than continued until a date certain, the Committee may take action on the subject matter. 408: QUORUM AND VOTING: At each meeting a majority of all the members appointed (e.g. three out of five, four out of six), at least hF a out of five shall constitute a quorum for the transaction of business. The voting options available to the Committee when a vote has been initiated are: aye (affirmative); nay (negative vote); and a qualified abstention. When a vote is to be taken, the presiding officer shall first call for the ayes, then the nays, and if applicable, shall call for abstentions. The votes of each member shall be recorded in the minutes. If a member of the Committee is absent during a vote, the member's vote for the official minutes shall read as "absent". 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 Staff Liaison 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 City Council and shall advise the City Council on matters identified in Section 100 or as assigned to the Committee. The Committee Chair shall give an accounting of the Committee's activities with respect to its goals and objectives before the City Council. Additionally, specific powers, duties and responsibilities may be assigned to the Committee upon approval of the City Council. 602: SUBCOMMITTEES: The Committee may divide its membership into subcommittee, as it deems necessary to implement its goals and objectives. 9of10 SECTION 700: AMENDMENTS 701: AMENDMENTS: These bylaws shall be reviewed by the Committee annually. The Committee may recommend revised Bylaws to the City Council for final approval. 10 of 10