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HomeMy WebLinkAbout9B Annual Appointments 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: January 11, 2016 AGENDA #: 9B PREPARED BY: Frank Boyles, City Manager AGENDA ITEM: CONSIDER APPROVAL OF CITY COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES DISCUSSION: Introduction The purpose of this agenda item is to complete the appointments required each year under the City Council bylaws. The Mayor has recommended various ap- pointments and the Council as a body may affirm or change them. History At the City Council’s annual meeting various appointments are made pursuant to the bylaws. I previously asked councilmembers to indicate if they had prefer- ences for committees they wished to be appointed to. Current Circumstances The Council should take the following actions to fulfill its responsibility under the Bylaws: Swearing in of Newly Elected Officials: No action necessary. Consider Acting Mayor for 2016: Councilor McGuire was Acting Mayor in 2015. Mayor Hedberg recommends the same for 2016. Consider Approval of Official Newspaper for 2016: For decades the Prior Lake American has been the City’s official newspaper. Three reasons for this status seem most likely: 1) under State Statute, the fact that they had an office located in the City effectively eliminated any other newspaper from considera- tion; 2) Their rates are considerably less than the Star Tribune; and 3) our com- munity survey affirms that the Prior Lake American is the source of local infor- mation for most readers. (See attached letter.) The legal notice costs proposed are the same as last year. Consider Approval of Official Bank for 2016: In 2009, pursuant to a solicita- tion of bids, the City Council named U.S. Bank the City’s official bank through 2010 and 2013. In December 2013, the Council extended US Bank as the City’s official bank through 2016. No action is necessary. Consider Approval of Local Board of Appeals and Equalization for 2016: No action is necessary as Scott County assumed this role in 2014 utilizing the open book process. Consider Approval of Auditing Firm for 2016: Audits are required by law and conducted for the preceding year. The staff solicited proposals in 2012 and the city council appointed the firm of Malloy, Montague, Karrowski and Rdosevich for the years 2011 through 2013. In January 2014, the City Council extended 2 MMKR continue to be designated as the City’s Auditor through 2016 pursuant to the provision of the 2012 RFP. No action is necessary. Consider Approval of Fiscal Consultant for 2016: The fiscal consultant ad- vises the City Council about matters relating to the sale of bonds for capital pro- jects. Steve Mattson of Northland Securities has acted as the City’s Fiscal Con- sultant for more than twenty years. With Steve’s passing, staff recommends the appointment of Ms, Omdal of Northland Securities for 2016. Consider Approval of Emergency Management Director for 2016: Chief El- liot is recommending Police Lieutenant Randy Hofstad for 2016, which is the same as in previous years. Consider Approval of Health Officer for 2016: In 2012 Dr. Michael Wilcox of Scott County was first named the City’s health officer. The same is recom- mended for 2016. Animal Control Officer for 2016: The City contracts with 4 Paws Animal Con- trol Services to provide these services. The present contract terminates on April 30, 2016. At that time we will solicit bids or quotes as appropriate although 4 Paws Animal Control Services appears to be the only vendor capable and inter- ested in providing animal control services. Weed Inspector: By statute, the Mayor is the weed inspector and may delegate the function if desired. The function was delegated to Jake Theisen in 2013. It is recommended that Jake Theisen be appointed for 2016. Designating Investment Authority: The attached resolution authorizes Don Uram, Cathy Erickson and me to open bank and investment accounts in the name of the City of Prior Lake, conduct banking transactions, invest funds of the City and execute all purchases and withdrawals associated with such invest- ments. Bylaws and Compensation Committee: Councilors McGuire and Thompson served in 2015. Mayor Hedberg and Councilor Thompson are recommended for 2016. Special Assessment Committee: Two members of the Council are to be ap- pointed annually to serve on this committee. The committee assists the Council in implementation of the Special Assessment Policy as it relates to annual public improvement projects. Councilors McGuire and Morton served in 2015. Counci- lors Keeney and Morton are recommended for 2016. City Council Liaisons: Through the City Council liaison program, Councilmem- bers act as a communication conduit between the Council and an advisory body. The liaison position facilitates communication between the Council and the advi- sory body and is a good way for Councilmembers to become familiar with the operations and issues facing our advisory bodies. Liaisons are not members of the committees. 3 Served in 2015 Proposed for 2016 Community Safety Annette Thompson Rick Keeney Communication / Technology Monique Morton Annette Thompson Lakes Advisory Annette Thompson Monique Morton Parks Advisory Rick Keeney Annette Thompson Planning Commission Rick Keeney Annette Thompson Traffic Safety Rick Keeney Annette Thompson Technology Village Ken Hedberg EDA Appointment City Manager Evaluation Committee: The committee is responsible for work- ing with Lori Olson and the Council to complete the City Manager’s annual eval- uation. Mayor Hedberg and Councilor Morton served in 2015. Councilors Morton and McGuire are recommended for 2016. Annexation Task Force: Mayor Hedberg and Councilor Thompson served in 2015. Councilors Morton and Keeney are recommended for 2016. Orderly Annexation Board: Councilor Morton served on this Board as the City’s representative in 2015. As long as the Orderly Annexation Agreement ex- ists, this three-person board representing the City, County and Township is re- sponsible for land use decisions in this area. Councilor Keeney is recommended for 2016. Watershed Liaison: Last year, the Council appointed Councilor Morton as liai- son to the Prior Lake Spring Lake Watershed District although Mayor Hedberg filled in because of schedule conflicts. Councilor Morton is recommended for 2016. Transit Review Board Liaison: In 2015 Councilor McGuire served in this ca- pacity. Councilor McGuire is once again recommended given the transition from BlueXpress to MVTA and three year term associated with this appointment. Economic Development Authority: Mayor Hedberg and Councilor Keeney served on the EDA in 2015. The EDA Bylaws provide that, “all vacancies on the EDA shall be filled by the mayor and approved by the city council.” The bylaws further provide, “A vacancy is created in the EDA when a commissioner is no longer eligible to serve or when their term of office ends.” Neither condition ex- ists for the Mayor or Councilor Keeney, therefore, no City Council action is needed. Snowmobile Task Force: The task force is charged with continuing relation- ships with the snowmobile club and County representatives for the purpose of keeping the sport of snowmobiling viable and safe for the City of Prior Lake. Councilor Keeney served on this task force in 2015. Councilor Keeney is recom- mended for 2016. SCALE Executive Committee: Mayor Hedberg served in 2015. The same is recommended for 2016. SCALE Committee of the Whole: Councilor Thompson served in 2015. Coun- cilor Morton is recommended for 2016. SCALE Transportation & Economic Development (TED): Councilor Keeney served in 2015. Councilor Keeney is recommended for 2017. 4 SMSC: Mayor Hedberg served as SMSC liaison for 2015. The same is recom- mended for 2016. ISD 719: Councilor Thompson acted as Council liaison with the School Board in 2015. Councilor McGuire is recommended in 2016. We are in the process of confirming with the school district for their preferred format and frequency asso- ciated with this liaison position. Were the district to prefer that this liaison be the Superintendent and School Board Chair and City Manager and Mayor a modifi- cation of this recommendation would be in order. Hwy 169 Corridor Coalition JPA: Councilor Morton served as a member of this body in 2015. Councilor Thompson is recommended for 2016. Suburban Transit Association: The City Council elected that the City become a member of this group in 2010. Councilor McGuire served in 2015. Councilor McGuire is recommended for 2016. Chamber of Commerce: Councilor McGuire served this role in 2015. The same is recommended for 2016. Regional Council of Mayors: It is the mayor’s role to attend these monthly Meetings. Scott County Board: Mayor Hedberg represented the City in 2015 and the same is recommended for 2016. City Council EDA and Advisory Committee Bylaws: The City Attorney and Bylaws Compensation Committee (Councilors McGuire and Thompson) have re- viewed and recommended various updates to the attached bylaws. The City At- torney in her email identifies the changes proposed rationale therefore and by- laws affected. While there are some changes unique to specific bylaws, there are two which are most common:  Provisions relating to the removal of an advisory committee member have been refined.  The definition of gifts and the appropriate practices related thereto have been updated to reflect current statutes. The City Council may wish to discuss the proposed revisions before considering approval. ISSUES: Like last year, some councilors are being reappointed to the same positions they held in 2015. We used to change representatives every year; however, we have realized that longer-term projects, historical knowledge and increasing complex- ity of the work accomplished by these bodies can justify councilor appointments to committees for greater than one year. If councilors are concerned about the implications of such an approach, discussion may be appropriate. The City Council should determine if, on balance, this is an appropriate mix of responsibilities for Council members which will both facilitate optimum operation of our committees and input for our Council members without overtaxing the time and energy of any member of the City Council. 5 FINANCIAL IMPACT: Per diems are paid by the City to reimburse city councilors for attendance at these meetings. ALTERNATIVES: 1. Act upon each appointment individually or as a group; or 2. Defer specific items for future consideration. RECOMMENDED MOTION: Alternative #1. 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 16-XXX A RESOLUTION DESIGNATING INVESTMENT AND BANKING AUTHORITY ON BEHALF OF THE CITY OF PRIOR LAKE Motion By: Second By: WHEREAS, the City of Prior Lake is organized as a municipal government under state statutes and duly incorporated as a city in 1891; and WHEREAS, the City is interested in designating and authorizing staff to conduct banking and investment transactions; and WHEREAS, the City is interested in investing its available funds at the highest rate of return available subject to preservation of principal and in accordance with state statutes and consistent with the cash flow needs of the City; and WHEREAS, the City’s Investment Policy establishes the primary responsibility for such investments to be charged to the City Finance Director. 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. Frank Boyles, City Manager, Don Uram, Finance Director, and Cathy Erickson, Accounting Manager are hereby designated with full power and authority to open bank and investment accounts in the name of the City of Prior Lake, conduct banking transactions, invest such funds of the City as deemed necessary, and to execute all purchases and withdrawals associated with such investments. PASSED AND ADOPTED THIS 11th DAY OF JANUARY, 2016. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager Specimen Signatures: ________________________ ________________________ _________________________ Frank Boyles, City Manager Don Uram, Finance Director Cathy Erickson, Accounting Manager From:Sarah Schwarzhoff To:Frank Boyles Cc:Diane Johnson; Ann Schroeder Subject:Bylaws (4200.007) Date:Wednesday, December 02, 2015 4:30:48 PM Attachments:ethics_conductcode.doc ethics_valuescode.doc 2015 12 02 - City Council Bylaws Jan 2016 revision.docx 2015 12 02 - CTAC Bylaws Jan 2016 revision.docx 2015 12 02 - EDA Bylaws Jan 2016 revision.docx 2015 12 02 - Bylaws Agenda Report rev by ses.docx Frank: Below is a summary of the bylaw revisions. The revisions under Council for ethics/gifts and under CTAC for removal will be made to all of the other bylaws once approved. I can make them now if you prefer but in case Council tweaks the language I recommend we wait for Council approval and inform the Council that the approved ethics/gifts and removal language will be incorporated into all of the other bylaws (Planning Commission, CSAC, CTAC, LAC, PAC, TSC, Technology Village, EDA and EDAC). Let me know if you have any questions or any additional revisions that should be made. Council – · Minor comments for consent agenda · Mayor can motion and second · Ethics - I left as just the policy statements. There is no statutory code and the league has sample codes (see first two attachments) but they don’t contain anything that the bylaws don’t already cover. I considered adding the leagues “code of conduct” but it almost entirely focuses on gifts and conflicts which we already address. If you want additional language let me know. I did reword 1302 to make clear what is being referenced. 10A was adopted as the “Ethics in Government Act” even though it actually covers campaign finance. · Gifts – I clarified the prohibition to include additional examples. I also added in the exceptions in the statute word for word. Finally I added an exception for “received in exchange for goods/services”. · TOC – once revisions are final we should update the table of contents as needed. CTAC · Monitor complaints and customer service · Removal – remove “just cause” add in violation of bylaws EDA- (these are not actually new changes so it is up to you if we simply make them as a housekeeping matter or take them to Council) · I did check the Council minutes and confirmed that the Council did approve the revisions to the EDA bylaws at the February 11, 2013 meeting (without changing to 7 members) and approved revisions on January 12, 2015, but somehow the 2015 version lost the 2013 revisions. Therefore the revisions are not consistent. I used the 2013 version and made the 2015 revisions to that version as follows: · 3 is a combination of the 2013 and 2015 language because the language did not line up. · 4.6 and 16 are full replacements with the current Council bylaws language. · I also made the 2016 revisions to gifts/ethics and removal. Council memo: Ann asked me to review the memo and I have attached my recommended revisions. I suspect we heard some things differently so this will likely require some additional clean up based on Franks memory. In addition, I got rid of the cover page for the EDA and revised the heading of each set of bylaws to make them consistent. Sarah Schwarzhoff Gregerson, Rosow, Johnson & Nilan, LTD. 100 Washington Avenue South, Suite 1550 Minneapolis, MN 55401 612-436-7472 (Direct) 612-338-0755 (Main) 612-349-6718 (Fax) Email: sschwarzhoff@grjn.com www.grjn.com The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. ______________________________________________________________________ This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com ______________________________________________________________________ Created by the League of Minnesota Cities Ethics Advisory Panel October 2009 Model Statement of Values Preamble The proper operation of democratic government requires that decision-makers be independent, impartial, and accountable to the people they serve. The City of _____ has adopted this Statement of Values to promote and maintain the highest standards of personal and professional conduct in the City's government. All (select: elected and appointed officials, City employees, and volunteers) are required to subscribe to this statement, understand how it applies to their specific responsibilities, and practice its (number) core values in their work. Because we seek public confidence in the City's services and public trust of its decision-makers, our decisions and our work must meet the most demanding ethical standards and demonstrate the highest levels of achievement in following this statement. The Values As a Representative of the City of _____, 1. I serve the public interest. 2. I fulfill the duties and responsibilities of holding public office. 3. I am ethical. 4. I am professional. 5. I am fiscally responsible. 6. I am conscientious. 7. I communicate effectively. 8. I am collaborative. 9. I am forward thinking. 10. I am ____________. Value examples/expressions 1. I serve the public interest. In practice this value means that: a. I provide courteous, equitable, and prompt service to everyone. b. I am attuned to, and care about, the needs and issues of citizens, public officials, and city workers. c. I am interested, engaged, and responsive in my interactions with constituents. d. I recognize and support the public’s right to know the public’s business. 2. I fulfill the duties and responsibilities of holding public office. In practice this value means that: a. I observe the highest standards of integrity in my official acts and undertake my responsibilities for the benefit of the greater public good. b. I faithfully discharge the duties of my office regardless of my personal considerations, recognizing that the public interest is my primary concern. c. I uphold the Constitution of the United States and the Constitution of the State of Minnesota and carry out impartially the laws of the nation, state, and municipality and thus foster respect for all government. Created by the League of Minnesota Cities Ethics Advisory Panel October 2009 d. I comply with both the letter and the spirit of the laws and policies affecting operations of the City. e. I recognize my obligation to implement the adopted goals and objectives of the City in good faith, regardless of my personal views. f. I conduct myself in both my official and personal actions in a manner that is above reproach. g. I do not use my position to secure for myself or others special privileges or exemptions that are different from those available to the general public. h. I understand and abide by the respective roles and responsibilities of elected and appointed officials and city staff and will not undermine them in their work. i. I am independent, impartial, and fair in my judgment and actions. 3. I am ethical. In practice this value means that: a. I am trustworthy, acting with the utmost integrity and moral courage. b. I am truthful, do what I say I will do, and am reliable. c. I am accountable for my actions and behavior and accept responsibility for my decisions. d. I make impartial decisions, free of influence from unlawful gifts, narrow political interests, and financial and other personal interests that impair my independence of judgment or action. e. I am fair, distributing benefits and burdens according to consistent and equitable criteria. f. I oppose all forms of harassment and unlawful discrimination. g. I extend equal opportunities and due process to all parties in matters under consideration. h. I show respect for confidences and confidential information. i. I avoid giving the appearance of impropriety and of using my position for personal gain. 4. I am professional. In practice this value means that: a. I apply my knowledge and expertise to my assigned activities and to the interpersonal relationships that are part of my job in a consistent, confident, competent, and productive manner. b. I approach my job and work-related relationships with a positive attitude, contributing to a supportive, respectful, and non-threatening work environment. c. I keep my professional knowledge and skills current and growing. d. I am respectful of all city staff, officials, volunteers, and others who participate in the City’s government. 5. I am fiscally responsible. In practice this value means that: a. I make decisions after prudent consideration of their financial impact, taking into account the long-term financial needs of the City, especially its financial stability. b. I demonstrate concern for the proper use of City assets (e.g., personnel, time, property, equipment, funds), follow established procedures, and do not use public resources for personal gain. c. I make decisions that seek to preserve the financial capacity of the City to provide programs and services for City residents. d. I provide full disclosure of any potential financial or other private conflict of interest. I abstain from participating in the discussion and vote on these matters. Created by the League of Minnesota Cities Ethics Advisory Panel October 2009 e. I prevent misuse of public funds by establishing, maintaining, and following strong fiscal and management controls. f. I report any misuse of public funds of which I am aware. 6. I am conscientious. In practice this value means that: a. I act in an efficient manner, making decisions and recommendations based upon research and facts, taking into consideration short and long term goals. b. I follow through in a responsible way, keeping others informed, and responding in a timely fashion. c. I am respectful of established City processes and guidelines. d. I prioritize my duties so that the work of the City may move forward. e. I prepare for all meetings by reviewing any materials provided ahead of time. When I have materials to contribute, I make sure all others involved have ample time to review these materials prior to the meeting. 7. I communicative effectively. In practice this value means that: a. I convey the City's care for and commitment to its citizens. b. I communicate in various ways that I am approachable, open-minded, and willing to participate in dialog. c. I engage in effective two-way communication by listening carefully, asking questions, and responding appropriately which adds value to conversations. d. I do not interfere with the orderly conduct of meetings by interrupting others or making personal comments not germane to the business at hand. e. I follow up on inquiries in a timely manner. f. I encourage and facilitate citizen involvement in policy decision-making. g. I am respectful in disagreements and contribute constructively to discussions on the issue. 8. I am collaborative. In practice this value means that: a. I act in a cooperative manner with groups and other individuals, working together in a spirit of tolerance and understanding to accomplish common goals. b. I share information with others in a timely manner so that, together, we can make informed decisions. c. I work towards consensus building and gain value from diverse opinions. d. I accomplish the goals and responsibilities of my individual position, while respecting my role as a member of a team. 9. I am forward thinking. In practice this value means that: a. I promote intelligent, proactive, and thoughtful innovation in order to advance the City's policy agenda and provide City services while considering the broader regional, state-wide, national, and international implications of the City's decisions and issues. b. I maintain consistent standards, but am also sensitive to the need for compromise, creative problem solving, and making improvements when appropriate. c. I am open to new ideas and processes, adopting them as they conserve resources and provide efficient and effective service. d. I consider the potential long-term consequences and implications of my actions and inactions. Created by the League of Minnesota Cities Ethics Advisory Panel October 2009 Template Code of Conduct ___.01. Purpose. The city council of the City of _____determines that a code of conduct for its members, as well as the members of the various boards and commissions of the City of _____, is essential for the public affairs of the city. By eliminating conflicts of interest and providing standards for conduct in city matters, the city council hopes to promote the faith and confidence of the citizens of _____in their government and to encourage its citizens to serve on its council and commissions. ___.02. Standards of Conduct. Subd. 1. No member of the city council or a city board or commission may knowingly: a. Violate the open meeting law. b. Participate in a matter that affects the person’s financial interests or those of a business with which the person is associated, unless the effect on the person or business is no greater than on other members of the same business classification, profession, or occupation. c. Use the person’s public position to secure special privileges or exemptions for the person or for others. d. Use the person’s public position to solicit personal gifts or favors. e. Use the person’s public position for personal gain. f. Except as specifically permitted pursuant to Minn. Stat. 471.895, accept or receive any gift of substance, whether in the form of money, services, loan, travel, entertainment, hospitality, promise, or any other form, under circumstances in which it could be reasonably expected to influence the person, the person’s performance of official action, or be intended as a reward for the person’s official action. g. Disclose to the public, or use for the person’s or another person’s personal gain, information that was gained by reason of the person’s public position if the information was not public data or was discussed at a closed session of the city council. h. Disclose information that was received, discussed, or decided in conference with the city’s legal counsel that is protected by the attorney-client privilege unless a majority of the city council has authorized the disclosure. i. Represent private interests before the city council or any city committee, board, commission or agency. (optional) Subd. 2. Except as prohibited by the provisions of Minn. Stat Sec. 471.87, there is no violation of subdivision 1 b. of this section for a matter that comes before the council, board, or commission if the member of the council, board, or commission publicly discloses the circumstances that would violate these standards and refrains from participating in the discussion and vote on the matter. Nothing herein shall be construed to prohibit a contract with a member of the city council under the circumstances described under Minn. Stat. Sec. 471.88, if proper statutory procedures are followed. Created by the League of Minnesota Cities Ethics Advisory Panel October 2009 ___.03. Complaint, Hearing. Any person may file a written complaint with the city clerk alleging a violation of the standards of conduct in section .02. The complaint must contain supporting facts for the allegation. The city council may hold a hearing after receiving the written complaint or upon the council's own volition. A hearing must be held only if the city council determines (1) upon advice of the city attorney, designee, or other attorney appointed by the council, that the factual allegations state a sufficient claim of a violation of these standards or rise to the level of a legally-recognized conflict of interest, and (2) that the complaint has been lodged in good faith and not for impermissible purposes such as delay. The city council’s determination must be made within 30 days of the filing of the allegation with the city clerk. If the council determines that there is an adequate justification for holding a hearing, the hearing must be held within 30 days of the city council’s determination. At the hearing, the person accused must have the opportunity to be heard. If after the hearing, the council finds that a violation of a standard has occurred or does exist, the council may censure the person, refer the matter for criminal prosecution, request an official not to participate in a decision, or remove an appointed member of an advisory board or commission from office. CITY OF PRIOR LAKE, MINNESOTA Mayor and City Council Bylaws Adopted on May 27, 1986 Revised: January 1991 January 1993 May 1993 January 1994 January 1995 January 1996 January 1997 May 1997 January 1998 March 1998 January 1999 April 2000 October 2002 March 2006 May 2006 June 2007 November 2008 September 2009 January 2011 June 2012 March 2013 January 2014 March 2014 January 2015 January 2016 FRANK BOYLES, CITY MANAGER 2 of 25 TABLE OF CONTENTS Section # Topic Page # Section 100 Purpose 3 Section 200 Regular, Special and Emergency Meetings and Work Sessions 3 Section 300 Annual Meeting 5 Section 400 Meeting Agenda Format and Consent Agenda 5 Section 500 Quorum and Voting Procedures 8 Section 600 Minute Preparation 9 Section 700 Roles at Meeting 10 Section 800 Motions, Resolutions, Ordinances 11 Section 900 Public Hearing Format 12 Section 1000 Committee Structure 14 Section 1100 Suspension of Rules 17 Section 1200 Travel and Reimbursement for Expenses 17 Section 1300 Statement of Ethics 19 Section 1400 City Council Recognition 21 Appendix A Types of Motions 22 3 of 25 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 4 of 25 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. 5 of 25 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. 301. 01 -Swearing in of Newly Elected Officials 301. 02 -Appointment of Acting Mayor 301. 03 -Appointment of Official Newspaper 301. 04 -Designation of Official Bank 301. 05 -Designation of Local Board of Appeals and Equalization 301. 06 -Appointment of Auditing Firm 301. 07 -Appointment of Fiscal Consultant 301. 08 -Designation of Emergency Management Director 301. 09 -Designation of Health Officer 301. 10 -Appointment of Animal Control Officer Formatted Table 6 of 25 301. 11 -Appointment of Weed Inspector 301. 12 -Designation of Investment Authority 301. 13 -Appointment of Advisory Committee Bylaws and Compensation Committee 301. 14 -Appointment of Special Assessment Committee 301. 15 -Appointment of Council Members to serve as Liaisons to Various City Advisory Committees 301. 16 -Appointment of City Manager Evaluation Committee 301. 17 -Appointment of Annexation Task Force Members 301. 18 -Appointment of Orderly Annexation Board Liaison 301. 19 -Appointment of Watershed Liaison 301. 20 -Appointment of Transit Review Board Liaison 301. 21 -Appointment of Council Members to serve on the Economic Development Authority 301. 22 -Appointment of Snowmobile Task Force Member 301. 23 -Appointment of SCALE Executive Committee 301. 24 -Appointment of SCALE Committee of the Whole Member 301. 25 -Appointment of SCALE Transportation & Economic Development (TED) Member 301. 26 -Appointment of SMSC Liaison 301. 27 -Appointment of ISD 719 Liaison 301. 28 -Appointment of Hwy 169 Corridor Coalition JPA Member 301. 29 -Appointment of Suburban Transit Association Member 301. 30 -Appointment of Chamber of Commerce Board Member 301. 31 -Appointment of Regional Council of Mayors Member 301. 32 -Appointment of Scott County Board Member 301. 33 -Approval of City Council EDA and Advisory Committee Bylaws 302. Items normally scheduled for the annual meeting may be considered at an earlier meeting at the discretion of the City Council. Formatted: Indent: Left: 1.5" 7 of 25 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. 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, or a continued public hearing or public information hearing 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. 8 of 25  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. Discussion ofThere will be no separate discussion of items placed on the "Consent Agenda." shall be limited to brief comments or questions. If extensive discussion of an item on the "Consent Agenda" is desired, any member of the Council 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 9 of 25 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. 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 10 of 25 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. 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 m ember'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 11 of 25 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. 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 power to make or second a motion and to voteing 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 12 of 25 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. 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. 13 of 25 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. 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 14 of 25 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 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 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. 15 of 25 901.6.2 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 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 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” response. 901.9 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; 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 16 of 25 than once without re-notice, publishing the time, date, location and subject of the public hearing. 901.10 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 17 of 25 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 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 18 of 25 written comments that they are speaking on their own behalf and not on behalf of the Council. 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, 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 19 of 25  Transit Review Board  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. 20 of 25 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 21 of 25 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: CAMPAIGN FINANCE AND PUBLIC DISCLOSUREETHICS IN GOVERNMENT: Minnesota Statutes, Chapter 10A, (adopted as the Ethics in Government Act), 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, including but not limited to money, real or personal property, services, loans, mementos, food, beverages, or any other favor or thing of value, regardless of value,amount from any interested person except as follows: 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. 1303.1 a contribution as defined in Minn. Stat. Section 10A.01, Subd. 11. 1303.2 services to assist an official in the performance of official duties, including but not limited to providing advice, consultation, information, and communication in connection with legislation, and services to constituents. 1303.3 services of insignificant monetary value. 22 of 25 1303.4 a plaque or similar memento recognizing individual services in a field of specialty or to a charitable cause. 1303.5 a trinket or memento costing $5 or less. 1303.6 informational material of unexceptional value. 1303.7 food or a beverage given at a reception, meal, or meeting away from the recipient's place of work by an organization before whom the recipient appears to make a speech or answer questions as part of a program. 1303.8 received: (1) because of the recipient's membership in a group, a majority of whose members are not local officials, and an equivalent gift is given or offered to the other members of the group; (2) by an interested person who is a member of the family of the recipient, unless the gift is given on behalf of someone who is not a member of that family; or (3) by a national or multistate organization of governmental organizations or public officials, if a majority of the dues to the organization are paid from public funds, to attendees at a conference sponsored by that organization, if the gift is food or a beverage given at a reception or meal and an equivalent gift is given or offered to all other attendees. 1303.9 received in exchange goods or services of equal value. 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) 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 23 of 25 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 inappropri ate 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. 24 of 25 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 separatel y. 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. 25 of 25 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. 1 of 15 CITY OF PRIOR LAKE BYLAWS OF PRIOR LAKE ECONOMIC DEVELOPMENT AUTHORITY BYLAWS OF 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 February 11, 2013 Amended January 12, 2015 Amended January 11, 2016 ARTICLE 1. NAME AND PURPOSE 1.1 The Prior Lake Economic Development Authority (EDA) is a public body politic and a political sub- division of the State of Minnesota. The EDA shall have all the powers, duties, responsibilities and limita- tions provided for in Minnesota Statutes Section 469.090 to 469.108 which statutes are incorporated by reference as if fully 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: promoting growth, development and redevelopment of retail, commercial and industrial properties in Prior Lake; di- versifying 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) commissioners. The five (5) commissioner Authority shall be comprised of two (2) commissioners 2 of 15 from the City Council and three (3) commissioners appointed from the public. The appointments shall be made by the Mayor and approved by the City Council. The commissioners appointed from the public shall be appointed for six (6) year terms beginning 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 ap- pointed in the previous October, serving five full years and a partial year. January 1 and ending December 31. The terms of commissioners appointed from the public shall be staggered with no two terms expiring in the same year. If at any time the terms are no longer staggered, all current terms shall expire naturally, but upon the natural expiration, the newly appointed commissioners shall be appointed for terms that result in staggered terms as determined by the City Council. The City Council members appointed to the Au- thority shall serve terms that coincide with their term of office as a Council Member. City Council members appointed to the Authority are not required to serve staggered terms. Commissioners of the EDA are not term limited. 3.2 CRITERIA FOR NON-COUNCIL APPOINTMENTS. Members of the public appointed to serve on the EDA must have relevant business experience in: the private sector, business development or redevel- opment, business retention, business management, real estate, project management, planning, financing and/or familiarity or experience working in the public sector. Preferred candidates should have a work history that includes serving in a management and decision-making position. 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 hHold a controlling financial interest in a business located within Prior Lake. 3.4 VACANCY. 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 repl acement in the following manner:All vacancies on the EDA shall be filled by the Mayor and approved by the City Council. A vacancy is created in the EDA for a commissioner appointed from the public when their EDA term expires, they are no longer eligible or able to serve or when they resign, whichever occurs sooner. A vacancy is created in the EDA for a council commissioner when their term on the Council ends whether through resignation, expiration or otherwise or they are no longer able to serve, whichever occurs sooner. Vacancies may also occur by removal for cause. Removal for cause requires a majority vote of the entire EDA except for the commissioner subject to the vote.. All final determinations as to whether a vacancy exists shall be made by the President of the EDA, unless the vacancy is the President in which case the determination shall be made by the Vice-President of the EDA. If a vacancy occurs due to natural expira- tion of the EDA term, six (6) years for a commissioner appointed from the public and four (4) years for council member commissioners, the appointee shall serve a full term. If a vacancy occurs at any other time, the appointee shall serve the remainder of the unexpired term and then be subject to reappointment. 3.4.1 Commissioners appointed from the public: 3.4.1.1 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. 3.4.1.2 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 com- mittee 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 of 15 3.4.1.3 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) 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. 3.4.1 Filling a Vacancy of a Commissioner Appointed from the Public. If the seat on the EDA is vacated by a commissioner who is appointed from the public, whether that seat is vacated at the natural end of a term or at any other time, the following process should be used to fill the vacancy: 3.4.1.1 The President of the EDA declares a vacancy to the Mayor and Council. 3.4.1.2 The City advertises the vacancy information concerning how interested individuals may obtain applications and the deadline for applications. 3.4.1.3 The City may also invite individuals known to them to submit an application. 3.4.1.4 The City Manager or his designee, Mayor and one commissioner of the EDA se- lected by majority vote of the EDA (“Screening Committee”) shall review all appli- cations and select candidates for interviews and further consideration. 3.4.1.5 The Screening Committee shall narrow the non-Council 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 appoint- ment. 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. 3.4.1.6 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. 3.4.2 Commissioners appointed from the City Council. If a commissioner appointed from the City Council vacates a seat of the EDA for any reason, the Mayor shall appoint and the City Council shall approve a new commissioner from the City Council. The newly ap- pointed commissioner shall serve a term that coincides with their term of office as a Council Member. If a seat on the authority is vacated by a member of the City Council at any time other than the natural expiration of a term, the appointee shall serve for the balance of the unexpired term. All members of the Council including the Mayor are eligible for appoint- ment. 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 addition 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 4 of 15 money paid for compensation or reimbursement must be paid out of the EDA's budget. (Minn. Stat. 469.095, subd. 4). 3.6 REMOVAL OF MEMBER: Any member of the EDA may be removed from office by a four-fifths (4/5) vote of the entire City Council for reasons including but not limited to: (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; (v) failure to continue to meet any requirement set forth in Section 203; and (vi) failure to comply with any provision of these bylaws or any federal, state or local rule or regulation. ARTICLE 4. MEETINGS AND NOTICE 4.1 REGULAR MEETINGS. The EDA shall establish a regular meeting schedule. There shall be not less than four (4) nor more than twelve (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 regular and special, shall follow the requirements of the Minnesota Open Meeting Law. 4.2 QUORUM. Three (3) 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. 4.3 NOTICE. Whenever the provisions of an applicable statute or these Bylaws require “notice” to be given to any commissioner or officer notice may be given by U.S. Mail, telephone, electronic communica- tion, or in person. 4.4 SPECIAL MEETINGS. Special meetings of the Board of Commissioners may be called at any time by any two (2) commissioners or the President or, in the President’s absence, by the Vice-President. No- tice of special meetings of the Board of Commissioners shall be given to each commissioner at least two (2) days prior to the meeting if possible, provided, however, that if giving two (2) days’ notice is not possible notice shall be given as soon as possible prior to the meeting. The notice 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 commissioner 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. Public Hearings shall be conducted in the following manner: 4.6.1 The presiding officer announces the agenda item that is the subject of the public hearing. 5 of 15 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. 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. 6 of 15 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:  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 President or presiding officer of the EDA announces the agenda item that is the subject of the public hearing. 4.6.2 The EDA shall 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 EDA may delay the start of a hearing until the pending busi- ness 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 The public hearing shall proceed as follows: 4.6.3.1 Staff and/or a consultant make a presentation or report on the subject matter of the public hearing. 4.6.3.2 At the conclusion of any presentation or remarks by staff and/or a consultant, the presiding officer asks the EDA commissioners if they have questions of the staff or consultant. 4.6.3.3 The presiding officer requests a motion and second from an EDA commissioner to open the public hearing and calls for a vote. 4.6.3.4 The presiding officer declares the public hearing opened, announces the time and then proceeds to ask for citizen input, comments and questions. 7 of 15 4.6.3.5 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 ma- terials 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 commissioners and City staff. The materials will be included in the public record. If the speaker intends to present audio or video materials to support their presentation, such materials must be in an electronic format that is compatible with the City’s existing equipment. An audio or video presentation may not introduce testimony from any person other than the author. The electronic materials must be submitted to the staff by 12:00 p.m. of the day of the meeting. 4.6.3.6 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 com- missioners, and City staff. The written comments and materials will become part of the record, but will not be read aloud at the meeting. 4.6.3.7 If unable to attend a meeting, members of the public, interested parties or their au- thorized representatives may submit testimony to the EDA using a prerecorded au- dio or video communication. An audio or video communication must be in an elec- tronic 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 oppor- tunity to view the presentation and prepare a written summary. The recorded testi- mony and summary prepared by staff will be provided to the EDA as part of its agenda package. The audio or visual communication may be used by individual commissioners in preparation for the meeting, but will not be played during the meet- ing. The presentation and the summary will become a part of the public record. Generally, agenda packages are distributed to commissioners of the EDA three (3) to five (5) calendar days preceding the meeting. 4.6.3.8 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. If there is no other testimony, the presiding officer requests a motion. There are two (2) possible motions, seconds, and votes: 4.6.3.8.1 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 4.6.3.8.2 A motion and second to continue the public hearing to a date certain. The presiding officer, in consultation with the City staff and EDA commis- sioners, shall select and announce a time and date certain for the con- tinued 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. 4.6.3.9 Discussion of the subject matter of the public hearing by the commissioners requires a motion and a second to formally put the matter before the EDA. The EDA ad- dresses the subject matterthrough deliberation. The EDA may ask questions of the 8 of 15 staff. If the public hearing has been closed commissioners should refrain from call- ing 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. 4.6.3.10 If the public hearing has been closed, rather than continued until a date certain, the EDA may take action on the subject matter. 4.7 VOTING. All commissioners 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 “Con- sent 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 commissioner 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 provide 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, treasurer’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 commissioner 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 EDA shall elect a president, a vice-president, a treasurer, a secretary, and an assistant 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 offices of secretary, treasurer and assistant treasurer need not be held by a commissioner. The EDA shall elect the Financial Director of the City of Prior Lake as the treasurer. 5.2 DUTIES. The officers of the EDA shall have the usual duties, responsibilities and powers associ- ated with their office. 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 must 9 of 15 be for twice the amount of money likely to be on hand at any one time, as determined at least annually by the EDA, provided that the bond must not exceed $300,000. (Minn. Stat. 469.096) 5.5 EDAC LIAISON. The EDA shall elect an Economic Development Advisory Committee (“EDAC”) liaison at the first meeting of the year. Any of the five (5) commissioners may serve as the EDAC liaison. 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 resolution. 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 contracts. 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 metropol- itan 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 assignm ents 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 8.1 Notwithstanding anything herein, and subject to the EDA’s enabling resolution, the EDA shall not, without prior approval from the City Council, levy a tax or special assessment, pledge the credit of the City, 10 of 15 incur an obligation enforceable on property not owned by the EDA, issue any debt obligation, or incur any debt beyond the amount budgeted in the current year. 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 developed 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 submit a 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 recommenda- tions it deems advisable. 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 compar- ison 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 mak e 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 collections 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 Minn. Stat. 469.090 to 469.108, the Enabling Resolution and these Bylaws. 9.2 The EDA may exercise all of the powers contained in the Housing Act, Minn. Stat. 469.001 to 469.047. 9.3 The EDA may exercise all of the powers of an Agency contained in the Development Act, Minn. Stat. 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, Minn. Stat. 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, Minn. Stat. 469.174 to 469.179. 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 powers by the EDA. 11 of 15 9.8 The EDA may appoint subcommittees as it deems necessary to carry out its other powers and duties. All subcommittees shall comply with the Minnesota Open Meeting Law. 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. The Executive Director and other staff are not considered members of the EDA. The Executive Director and other staff may participate in discussion, at the discretion of the EDA commissioners, but may not vote on matters before the EDA. 11.2 The EDA may employ a chief engineer, other technical experts and agents, and other employees as it may require and may 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. 469.090 to 469.108 (Minn. Stat. 469.097, subd. 4)and its other powers and duties. 11.6 The EDA shall use the facilities of its City's purchasing department in connection with construction 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 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. 12 of 15 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 present at any meeting, as long as the notice of the meeting or agenda for the meeting contains notice and statement of the proposed alteration, amend- ment or repeal. Notice of any alteration, amendment or repeal of the Bylaws shall be given in writing to each commissioner at least three (3) days prior to the meeting at which said proposed alteration, amend- ment 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. Roberts Rules are adopted here as a framework to ensure that meetings are conducted with order and a general respect for the views expressed by all the EDA commissioners, but Roberts Rules are not always easily implemented by a body such as the EDA. When a question of parliamentary procedure presents itself, the President, in consultation with the City Attorney, will rule on the question. If Roberts Rules are improperly applied, the decision of the EDA shall not be invalidated or otherwise set aside. ARTICLE 16. STATEMENT OF EITHICSETHICS 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;  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. 13 of 15 16.2: CAMPAIGN FINANCE AND PUBLIC DISCLOSURE: Minnesota Statutes, Chapter 10A (adopted as the Ethics in Government Act) is incorporated herein by reference. This policy shall be con- strued and interpreted in consultation with the City Attorney according to Minnesota Statutes and case law. 16.3: GIFTS AND FAVORS: GIFTS AND FAVORS: No public official shall accept any gift, including but not limited to money, real or personal property, services, loans, mementos, food, beverag es, or any other favor or thing, regardless of value, from any interested person except as follows: 16.3.1 a contribution as defined in Minn. Stat. Section 10A.01, Subd. 11. 16.3.2 services to assist an official in the performance of official duties, including but not limited to providing advice, consultation, information, and communication in connection with legisla- tion, and services to constituents. 16.3.3 services of insignificant monetary value. 16.3.4 a plaque or similar memento recognizing individual services in a field of specialty or to a charitable cause. 16.3.5 a trinket or memento costing $5 or less. 16.3.6 informational material of unexceptional value. 16.3.7 food or a beverage given at a reception, meal, or meeting away from the recipient's place of work by an organization before whom the recipient appears to make a speech or an- swer questions as part of a program. 16.3.8 received: (1) because of the recipient's membership in a group, a majority of whose members are not local officials, and an equivalent gift is given or offered to the other members of the group; (2) by an interested person who is a member of the family of the recipient, unless the gift is given on behalf of someone who is not a member of that family; or (3) by a national or multistate organization of governmental organizations or public offi- cials, if a majority of the dues to the organization are paid from public funds, to attendees at a conference sponsored by that organization, if the gift is food or a beverage given at a reception or meal and an equivalent gift is given or offered to all other attendees. 16.3.9 received in exchange goods or services of equal value. 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: 16.6.1 Advise the City Attorney of the potential conflict of interest as soon as possible, preferably before the meeting; and 16.6.2 The City Attorney shall determine whether a disqualifying conflict of interest exists. 16.6.3 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. 14 of 15 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 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 mak- ing 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. 16.1 POLICY STATEMENT: The EDA recognizes our system of democratic representative govern- ment 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 EDA 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: 16.1.1.1 Elected and appointed officials be independent, impartial and responsible to the people; 16.1.1.2 Governmental decisions and policy are made in the proper channels of the gov- ernmental structure; 16.1.1.3 Public office and position not be used for personal gain; and 16.1.1.4 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 public trust in local government by: 16.1.2.1 Creating transparency in its actions through honest and open communication; 16.1.2.2. Basing decisions and adopting public policies based on what is in the best inter- est of the public and the overall community; 16.1.2.3 Supporting the public’s right to know the public’s business; and 16.1.2.4 Exercising fairness, optimism, responsiveness and respect in communicating with the public. 16.1.2.5 Providing a forum and periodic training for public officials and employees to dis- cuss 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: Minn. Stat. 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. 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 deal- ings 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 conven- ience or profit. 15 of 15 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 finan- cially therefrom. (Minn. Stat. 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 sub- stantially 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 oc- cupation, must take the following actions: 16.6.1 Advise the City Attorney of the potential conflict of interest as soon as possible, preferably before the meeting; and 16.6.2 The City Attorney shall determine whether a disqualifying conflict of interest exists. 16.6.3 Any commissioner 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 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. 1 of 9 CITY OF PRIOR LAKE 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 Amended January 11, 2016 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. Monitor services, complaints and customer service of cable franchisees and sSuggest 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 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 2 of 9 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 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. 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: 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 rejected, the City Council may appoint another individual or reopen the application period and invite new candidates to apply. 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 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 Committee may consider relevant before the City Council annually or as directed otherwise. 3 of 9 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 for reasons including . 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; and (vi) failure to comply with any provision of these bylaws or any federal, state or local rule or regulation. 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. 4 of 9  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 5 of 9 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 6 of 9 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. 7. The presiding officer has the responsibility to facilitate discussion by the Committee. This may occur in a variety of ways, including: 7 of 9  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 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 8 of 9 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:  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 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 9 of 9 501: 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.