HomeMy WebLinkAbout9B Ordinance Section 105 and Bylaws Amend Report
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: MARCH 19, 2018
AGENDA #: 9B
PREPARED BY: FRANK BOYLES, CITY MANAGER
PRESENTED BY: FRANK BOYLES
AGENDA ITEM: CONSIDER APPROVAL OF A REPORT FROM THE CITY COUNCIL BYLAW
AND COMPENSATION TASK FORCE RELATING TO BYLAW REVISIONS AND
RELATED MATTERS
DISCUSSION: Introduction
The purpose of this agenda item is to update Section 105 of the Prior Lake City
Code, update the City Council Bylaws and propose a template for revision of our
various advisory committee bylaws.
History
The City Council established the Bylaws and Compensation Task Force to
periodically recommend revisions in City Council compensation and various City
committee related bylaws.
Included in these bylaws are: Citizen Engagement Committee (CEC), Community
Safety Advisory Committee (CSAC), Planning Commission (PC), Traffic Safety
Advisory Committee (TSAC) and Economic Development Authority (EDA).
The Business Engagement Committee (BEC) and Technology Village Board of
Directors (TVBOD) Bylaws are under the purview of the Economic Development
Authority and would be considered once the city council takes the actions
proposed herein.
Current Circumstances
Councilors McGuire and Thompson serve on the Bylaws and Compensation Task
Force and have met with the city attorney, assistant manager and me to discuss
the Prior Lake City Code Section 105 entitled Mayor and City Council. The city
attorney informed the task force that this ordinance section is considerably
outdated with many of its provisions dating back to13 to16 years to 2005 and
2002.
The task force concluded that this city code section should be redrafted and
submitted to the city council for approval. The new language seeks to clarify,
among other things: terms of office, city council meeting dates and times, advisory
committee names, city council monthly pay and meeting costs.
This item was initially placed on the January 8, 2018 city council agenda but was
pulled at that meeting for additional review. Then it was placed on the March 5,
2018 agenda which was cancelled because of inclement weather.
The most noteworthy change in the ordinance is because City council monthly pay
rates have not been adjusted for 10 years since 2008. Not surprisingly, our survey
of similarly sized cities indicated that our rates were low. Therefore, Task Force
recommends that the monthly pay rates for mayor should be adjusted from $785
to $920 and for council member from $620 to $700 effective January 1, 2019.
Since the task force met the staff has been analyzing actual pay increases
received by city employees from 2009 to 2018. If those percentage figures are
used the monthly compensation for mayor beginning in 2019 would be $966 and
council member $763. It is my recommendation that these rates be used in lieu of
those shown above.
My rationale is that the council is attempting to bring present pay to the level it
should be. To do so they should use the actual increases the rest of the staff
received each year from 2009 to 2018.
The Task force’s second objective is to assure that council salaries remain at the
correct levels for the future. To accomplish this the revised code provides for an
annual adjustment to mayor and city council member monthly pay each year equal
to the twelve-month Consumer Price Index - Urban for the Minneapolis, St. Paul
area.
This is the same statistic that most cities, including Prior Lake, use as basis for
cost of living adjustments in labor agreements
The task force also discussed the bylaws for the city council itself. Significant
revisions are recommended. The basic rationale for the revisions is to shorten and
simplify the city council bylaws so they are more user friendly both for city official
and public use. It was concluded that over the years the document became more
detailed than it needs to be. The bylaws also have been amended to include the
addition of youth representatives on all non-statutory city advisory committees.
The city attorney has proposed revisions to the Community Safety Advisory
Committee Bylaws which would be a template for change for all other advisory
committees (excepting the Planning Commission and Economic Development
Authority because both are statutory bodies).
Also included are modest changes both to the EDA and Planning Commission
Bylaws.
The task force asks that the city council review both sets of bylaws to assure they
concur with the tenor and content of the changes. If so, all other bylaws, except
the two noted above, would be made and distributed for use.
ISSUES: There were two other issues which the task force discussed.
The first was the possibility of offering city health insurance to city councilmembers
with or without a city contribution. After thoroughly researching and discussing all
aspects of this proposal, the task force recommends against any such action and
so neither the bylaws nor the city code have been modified to facilitate such a
change. (Although there is a revision that declares the mayor and city council
members as employees for purposes of workers compensation coverage.)
The second topic was an amendment to the bylaws to allow city council meetings
to begin at 6:30pm instead of the present 7pm. The task force noted that in many
cases the city council has concluded its work session business by 6:30pm. Over
the years city council meetings have been set to begin at 6pm or 7pm with no
apparent reduction in resident participation. The assumption was made that if 6pm
had been previously used successfully that 6:30pm would provide the time for
citizens to participate without hardship. The council may wish to consider acting to
inquire of the electorate before suggesting a change to the city council starting
time.
In the end, the task force concluded that, for a variety of reasons that the city
council should determine if they concur both with the city code and proposed
bylaw changes which are reasonably straight forward. All revisions proposed are
consistent with city council desire to maintain understandable, up to date and
useable documentation to assure transparency.
FINANCIAL
IMPACT:
The financial impacts of the proposed changes would not occur until 2019 and
would be incorporated in the budget documents accordingly.
ALTERNATIVES: 1. Motion and second to approve the ordinance amending City Code Section 105
Related to Mayor and City Council.
2. Direct the city attorney and staff to finalize the bylaws for the city council and
various advisory bodies consistent with the changes proposed by the Bylaws
and Compensation Task Force and distribute the revised documents for use.
3. Direct the staff to sample the public regarding preferred city council meeting
starting time before making any change.
4. Take no action and defer the matter back to the Bylaws and Compensation
Task Force for additional discussion.
RECOMMENDED
MOTION:
Alternatives #1, 2 and 3.
4646 Dakota Street SE
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. 118-__
AN ORDINANCE AMENDING SECTION 105 OF THE PRIOR LAKE CITY CODE RELATING TO
THE MAYOR AND CITY COUNCIL AND ADOPTING BY REFERENCE CITY CODE SECTION
104; WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, ORDAINS:
Section 1. City Code Subsection 105 is deleted in its entirety and replaced with the following:
105.100: CITY ELECTIONS, OFFICERS AND TERMS OF OFFICE: The City Council shall consist of a
Mayor and four (4) Council members all of whom shall be residents of the City and
should otherwise be qualified to hold public office pursuant to the laws of the State.
The regular City elections shall be held biennially on the first Tuesday after the first
Monday in November on every even-numbered year beginning with the 1986
election.
105.101 Term of Office: The term of Mayor of the City shall be four (4) years. Council
members shall be elected for four (4) year terms of office with two (2) Council
members being elected at each election.
105.102 Absentee Ballot Counting Board: The Council hereby establishes an Absentee
Ballot Board pursuant to Minn. Stat. 203B.121, as it may be amended from time to
time. The duties of the Absentee Ballot Board are as set forth in statute.
105.200: COUNCIL MEETINGS: The Council may hold regular, special and emergency meetings. The
procedure for calling and holding meetings shall be set forth in the City Council
Bylaws. The regularly scheduled meetings of the City shall be held on the first and
third Mondays of each month, or such other times and dates as the Council may
from time to time designate.
105.300: SALARIES: As of January 1, 2019, the Mayor's salary and the salary of each City Council
member is hereby established at the following monthly rate: Mayor: $966; Council
member: $763. On each January 1 thereafter, the monthly salary shall be increased
by a percentage equal to the increase in the CPI-U for Minneapolis-St. Paul, MN-
WI, all items, not seasonally adjusted, from January 1 of the prior year to January 1
of the year of the increase.
105.301 Policy: In addition to the salaries set forth above, the City Council deems it
appropriate and prudent to remunerate the Mayor and City Council members
(purposes of the following subsections, Council member includes the Mayor) for
participation in certain meetings. Such remuneration encourages members to
become more informed regarding constituent issues and be better representatives
of the City.
Page 2 of 2
105.302 Per Meeting Rate: For each eligible meeting attended, a Council member will
receive $50 to remunerate time spent and out-of-pocket expenses.
105.303 Per Meeting Requests: A Councilmember requesting per meeting remuneration
for attending a qualifying per diem meeting shall do so on forms prescribed
therefore. The request to the Finance Department shall indicate the number of
meetings for which remuneration is requested, the date, time and organization
conducting the meeting and the Council members' role at the meeting.
105.304 Qualifying Meetings: The Finance Department shall approve per meeting
remuneration only for meetings which meet the criteria set forth below:
(1) Task Forces and Work Groups of the City Council to which a Council member has
been appointed. (Examples include Special Assessment Task Force, Annexation
Task Force)
(2) Meetings of City Advisory Committees to which the Council member is the liaison.
(Examples: Planning Commission, Citizen Engagement Committee )
(3) Meetings of bodies to which a Council member has been appointed the City
Council's representative. (Examples: Prior Lake Spring Lake Watershed, Orderly
Annexation Board, MVTA)
(4) Policy committee meetings or annual meetings or conferences of the Metro Cities,
League of Minnesota Cities or National League of Cities. (amd. Ord. 01-08 – pub.
8/20/01 and effective 1/1/02)
(5) Meetings at which the Council member is acting as the representative of the City
Council pursuant to the City Council’s direction. (amd. Ord. 105-20 – pub. 7/23/05)
Section 2. City Code Section 104 entitled “General Penalty” is adopted in its entirety, by
reference, as though repeated verbatim herein.
Section 3. This ordinance shall become effective upon its passage and publication.
Passed by the City Council of the City of Prior Lake this 19th day of March 2018.
ATTEST:
_________________________ __________________________
Frank Boyles, City Manager Kirt Briggs, Mayor
Published in the Prior Lake American on the 24th day of March 2018.
City of Prior Lake
105/p1
SECTION 105
MAYOR AND CITY COUNCIL
105.100: CITY ELECTIONS, OFFICERS AND TERMS OF OFFICE
105.200: COUNCIL MEETINGS
105.300: SALARIES
105.100: CITY ELECTIONS, OFFICERS AND TERMS OF OFFICE: The City Council shall
consist of a Mayor and four (4) Council members all of whom shall be residents of
the City and should otherwise be qualified to hold public office pursuant to the laws
of the State. The regular City elections shall be held biennially on the first Tuesday
after the first Monday in November on every even-numbered year beginning with
the 1986 election.
Term of Office: The term of Mayor of the City shall be four (4) years commencing
with the January 1, 1986, term of office.. Except as hereinafter provided, Council
members shall be elected for four (4) year terms of office with two (2) Council
members being elected at each election.
105.101 Absentee Ballot Counting Board: The Council hereby establishes an Absentee
Ballot Board pursuant to Minn. Stat. 203B.121, as it may be amended from time to
time. The duties of the Absentee Ballot Board are as set forth in statute.
105.200: COUNCIL MEETINGS:
105.201 The Council may hold regular, special and emergency meetings. The procedure for
calling and holding meetings shall be set forth in the City Council Bylaws. Time and
Place of Regular Meetings: There will be at least two (2) regular Council meetings
monthly in the City Hall. The City Council, by resolution, may schedule additional
regular meetings or may cancel regularly scheduled meetings by majority of the
Council vote. The regularly scheduled meetings of the City shall be held on the first
and third Mondays of each month commencing at six o'clock (6:00) p.m., or such
other times and dates as the Council may from time to time by resolution designate.
When a regular meeting falls on the same day as that of an official holiday, the
regular meeting shall automatically be postponed to the following day, or may be
cancelled by the City Managermajority vote of the Councilmembers. (amd. Ord.
105-20 – pub. 07/23/05)
City of Prior Lake
105/p2
105.202 Procedural Requirements of the Regular Meetings:
(1) Regular Business Session: A regular business session shall be conducted at
each meeting of the City Council.
(2) Prepare Agenda: The Agenda for each regular meeting will be prepared by the
City Manager and shall be available the Friday before the following meeting.
105.203 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 who shall then
mail a notice to all the members of the time and place of meeting at least one day
before the meeting.
105.204 Meetings Open to the Public: All said meetings should be open to the public.
.
105.300: SALARIES: As of January 1, 2019, tThe Mayor's salary and the salary of each City
Council member is hereby established at the following monthly rate: Mayor:
$96620; Council member: $76300. On each January 1 thereafter, the monthly
salary shall be increased by a percentage equal to the increase in the CPI-U for
Minneapolis-St. Paul, MN-WI, all items, not seasonally adjusted, from January 1 of
the prior year to January 1 of the year of the increase.
Mayor Council member
2006 $720 $570
2007 $750 $595
2008 $785 $620
This subsection shall take effect on January 1st, 2006. (amd. Ord. 00-03 - pub.
1/8/00). (amd. Ord. 105.20 – pub 7/23/05).
105.301 Per Diem: In addition to the salaries set forth in Section 105.300, Councilmember
(for the purposes of this subsection, Councilmember includes Mayor) may be
eligible for a per diem remuneration.
105.3021 Policy: In addition to the salaries set forth above, tThe City Council deems it
appropriate and prudent to remunerate the Mayor and City Council members (
purposes of the following subsections, Council member includes the Mayor) for
participation in certain meetings. Such remuneration encourages Councilmembers
to become more informed regarding constituent issues and be better
representatives of the City.
105.3032 Per DiemMeeting Rate: For each eligible meeting attended, a Council
member will receive $50 to remunerate time spent and out-of-pocket expenses.
105.3043 Per Diem Meeting Requests: A Councilmember requesting per
meetingdiem remuneration for attending a qualifying per diem meeting shall do so
on forms prescribed therefore. The request to the Finance Department shall
indicate the number of meetings for which remuneration is requested, the date, time
City of Prior Lake
105/p3
and organization conducting the meeting and the Council members' role at the
meeting.
105.3054 Qualifying Per Diem Meetings: The Finance Department shall approve per
meetingdiem remuneration only for meetings which meet the criteria set forth below:
(1) Task Forces and Work GroupsSubcommittees of the City Council to which a
Council member has been appointed. (Examples include Special Assessment Task
ForceCommittee, Annexation Task Force)
(2) Meetings of City Advisory Committees to which the Council member is the liaison.
(Examples: Planning Commission, Citizen Engagement CommitteeParks Advisory
Committee , Lake Advisory Committee, Business Advisory Council)
(3) Meetings of bodies to which a Council member has been appointed the City
Council's representative. (Examples: Prior Lake Spring Lake Watershed
Commission, Orderly Annexation Board, MVTA)
(4) Policy committee meetings or annual meetings or conferences of the Metro
CitiesAssociation of Metropolitan Municipalities, League of Minnesota Cities or
National League of Cities. (amd. Ord. 01-08 – pub. 8/20/01 and effective 1/1/02)
(5) Meetings at which the Council member is acting as the representative of the City
Council pursuant to the City Council’s direction. (amd. Ord. 105-20 – pub. 7/23/05)
(This Space Intentionally Blank
For Future Amendments)
City of Prior Lake
105/p1
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
January 2017
March 2018
FRANK BOYLES, CITY MANAGER
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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
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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 operating 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. A simple
majority is required to pass the Bylaws at the annual meeting. In addition, bBylaws can
be reviewed and amended at any meeting other than 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.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 Lak e 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 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 appropriate, including but not limited to the following: there will not be a quorum of
the City Council present; weather conditions develop or are forecast that make
attendance at the meeting impractical, imprudent, or dangerous for the Council
members, staff and public; or the amount of business pending does not warrant a
meeting.
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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.
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: 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.
205: WORK SESSIONS: The City Manager may schedule work sessions subject to Council
approval. The purpose of the work sessions 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.
206: AGENDAS: The City Manager shall prepare agendas for all meetings. The agenda for a
regular meeting 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. The agenda for a special
meeting or an emergency meeting shall be included in the notice. The agenda for a work
session shall be reflected in the City Council agenda.
204.1 A copy of the agenda materials will be available in the Council Chambers (or
other location of the meeting) 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 or workshop and as soon as
available for a special meeting or emergency meeting.
SECTION 300:
ANNUAL MEETING
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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 if applicable unless scheduled at an earlier meeting
or deferred by the Council:
301.1 Swear in newly elected officials.
301.2 Appoint Acting Mayor. 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. 412.12102. 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, appoint an auditing firm, appoint a fiscal consultant
and designate investment authority.
301.5 Designate the Local Board of Appeals and Equalization.
301.6 Designate an emergency management director, a health officer, and an animal
control officer.
301.7 Appoint Council members to serve as liaisons to the various City advisory
committees.
301.8 Approve City Council and City Council appointed committee bylaws and
procedures.
301.9 Adopt the yearly fee schedule.
301.10 Other designations, approvals or appointments as may be appropriate.
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 Public Forum. The agenda shall include a public forum. 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 fiveten (105) 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
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public forum presentations. Matters that are the subject of pending litigation are not
appropriate for the forum.”
Every individual who addresses the Council at the forum must first be recognized by the
presiding officer and then shall state his/her name and address before beginning any
comments. The City Manager shall be the timekeeper for the Forum so that each
speaker receives an appropriate amount of time.
No Council action may take place during the forum. However, council members may express
their views or reaction to a presentation and may ask questions of the presenter.
At the conclusion of the public forum, the Council may, by motion and majority vote unless
otherwise provided by these bylaws, State Statute or City Code, indicate its interest that
the subject presented at the Public forum be placed on a subsequent City Council
agenda.
Items to be considered on the agenda may be addressed at the public forum consistent with the
limitations set out in Section 401.2 of these Bylaws.
Presentations at the public forum must be consistent with Section 901.6 of these Bylaws.
If any council member deems that the comments are not germane to issues within the purview
of the City Council, the council member may appeal to the presiding officer to request
the speaker yield the podium. Further, any council member may object to the appeal to
the presiding officer to request a speaker yield the podium, in which case, the presiding
officer shall put the matter to a vote of the Council.
Public forums are included as part of the regular meeting minutes and cablecast live.
The presiding officer shall have the authority to adjourn the public forum, censure a speaker or
take other action as deemed appropriate if there is a breach of decorum.
401.3 Approval of Agenda
The City Council may, by motion, add, delete or change the order of an item to be considered
on the agenda except it may not begin a public hearing before the time specified in the
public notice.e
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 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
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removed from the consent agenda shall be placed on the council agenda under
“Removed Consent Agenda Items.”e
401.6 Presentations and Proclamations
The City Manager may schedule presentations and proclamations before the City Council giving
preference to presenters and topics that relate to City governmental business.
401.7 Public Hearings
401.8 Old Business
401.9 New Business
401.10 Removed Consent Agenda Items
Any item removed from the Consent Agenda shall be placed here for separate Council
discussion and consideration.
401.11 Other Business - Including Community Events and Council member Reports
Members of the City Council and staff may present items under Other Business that will be
discussed and deliberated for the first time. These items should, for the most part, be
informational. The City Council has the authority to request action or take a formal
position on the item(s); however, this shall be done on an item-by-item basis.
401.12 Adjournment
402: CITY MANAGER TO DETERMINE AGENDA: It shall be the responsibility of the City
Manager to prepare and decide the City Council agenda. The City Manager shall be
responsible for overseeing and reviewing the preparation of all agenda items.
402.1 If a member of the public requests to appear before the City Council or requests
an item to be placed on the Council agenda, the City Manager shall determine
whether the item should appropriately be considered by the City Council at a
regular meeting.
402.2 If the City Manager determines that an item should not be placed on a City
Council agenda, the City Manager may recommend that the individual appear at
a City Council Forum.
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
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501: At each meeting, a majority of all the members elected (3 out of 5) shall constitute a
quorum for the transaction of business.
502: The voting options available to the City Council when a vote has been initiated are: “aye”
– an affirmative vote; “nay” - a negative vote. A council member may abstain only when
they have a disqualifying conflict of interest as determined by the City Attorney.
503: Three votes shall be necessary for approval of any ordinance unless otherwise provided
by these bylaws, State Statute or City Code. A majority vote of members present at a
meeting, which must be at least a majority vote of a quorum, is necessary for the
approval of all general motions and resolutions unless otherwise provided by these
bylaws, State Statute or City Code.
504: When a question is put before the Council by the presiding officer, every member
present shall vote. If a member intends to abstain from voting based upon a disqualifying
conflict of interest, the council member must advise the presiding officer of the nature of
the conflict. Otherwise, any council member, who being present when his or her name is
called fails to vote upon any then pending proposition, shall be recorded as having voted
in the affirmative unless otherwise provided by these bylaws, State Statute or City Code.
505: VOTING PROCEDURE: An agenda item shall be put before the City Council by the
Mayor for its consideration. The agenda item should be considered in the following
manner:
505.1 The City Manager or the Manager’s designee will provide the City Council with a
description of and presentation on the item and the action requested of the Council.
505.2 Following the presentation Council members may ask questions of City staff or provide
information concerning the agenda item. If a council member intends to recognize a
member of the public for the purpose of asking a question it should be done so at this
point and not once the matter has been formally put before the Council by motion and
second.
505.3 Discussion of the agenda item by the Council requires a motion and second to formally
put the matter before the Council.
505.4 Council members may, at this point, ask further questions of staff, present their views
and engage in a dialogue with other members of the Council. The Mayor should
manage the discussion by calling upon and recognizing Council members to speak.
505.5 After discussion concludes, the presiding officer shall call for a vote on the pending
motion.
505.7 When a vote is to be taken, the presiding officer shall first call for the ayes, then the
nays. The votes of each member shall be recorded in the Minutes. If a member of the
City Council is absent during a vote, the member's vote for the official Minutes shall read
as "absent.”
SECTION 600:
MINUTE PREPARATION
601: The City Manager is responsible for the preparation of the minutes of the meeting. The
meeting proceedings will be audio-recorded and written minutes will be prepared. The
written minutes of the meeting as approved by the City Council are the official record of
the meeting. The audio recording is intended to supplement the minutes for the purpose
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of an "on the record review" in a judicial proceeding. A video recording may also be
prepared for the purpose of rebroadcast of the meeting on the City’s public access cable
channel. The following two requirements for "minute" preparation shall be adhered to:
601.1 All motions typed in capital letters.
601.2 List the names of the City Council Members after their vote on each motion.
602: The official minutes shall be prepared and presented to the City Council at the next
regularly scheduled meeting as part of the agenda packet. The text of the minutes shall
consist of official Council business conducted while the Council is in session. Any
comments made at a meeting that are made prior to the start of or after adjournment of
the meeting, or during any recess, shall not be made part of the minutes. The City
Council shall review the minutes and the presiding officer shall call for any additions or
corrections. If an addition or correction is presented, the change must be specific as to
place, paragraph, and sentence, if applicable. The official minutes shall be corrected to
reflect the change.
603: Approval of the minutes requires a motion, second and a majority vote of the members
present at the meeting unless otherwise provided by these bylaws, State Statute or City
Code. Council members who were not present at the meeting for which the minutes are
being approved shall abstain from voting on the action to approve the minutes.
604: The City Manager is responsible for the maintenance and filing of the minutes.
604.1 The approved minutes shall be retained as a permanent record of the Council meeting.
604.2 The approved minutes of the past twelve months of Council meetings shall be available
on the City Website.
604.3 All audio and video 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.
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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 should contact the City Manager, in
sufficient time prior to the meeting, to advise of 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 vote as do the other
members of the Council. The Mayor may vote on all motions and he/she does not have
any extra voting powers if the vote results in a tie, except as may be authorized by state
statute.
705: The Mayor shall be the presiding officer at all meetings. If the Mayor is absent, the
Acting Mayor shall preside at the meeting. If the Mayor and Acting Mayor are absent, the
City Manager shall call the meeting to order and preside until such time the City Council
elects among itself a member to preside at the meeting. The presiding officer, at all
times, shall be allowed to vote in the same manner as all other members of the Council.
706: The presiding officer has two unique powers: (1) interpreting and applying the rules of
procedure; and (2) recognizing speakers from the audience.
707: The presiding officer is responsible for maintaining order at the meetings.
708: The presiding officer shall recognize all speakers from the audience, except when a
member of the Council has the floor and they expressly recognize a member of the
audience to answer questions relating to the issue under consideration.
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.
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713: Department Heads may attend all meetings. Department Heads shall attend the
meetings when directed by the City Manager.
714: A memorandum report or brief explanation of each agenda item shall be included in the
materials that accompany the agenda. The information provided by staff should serve to
inform the City Council on the subject matter under discussion. The information should
explain in detail the staff comments or work, or state that staff will present the necessary
details and comments at the meeting. If an agenda item requires more than a majority
vote, the agenda report shall specify the votes needed to pass the matter under
consideration.
SECTION 800:
MOTIONS, RESOLUTIONS, ORDINANCES AND PROCLAMATIONS
801: The City Council may take formal action in any of three methods - motions, resolutions
or ordinances. All motions in any form require a second unless otherwise stated herein.
All votes of the City Council in any of the three methods require a majority vote of those
members present at a meeting for approval unless otherwise provided by these bylaws,
State Statute or City Code.
802: MOTIONS: A motion is a matter of parliamentary procedure. Motions are a formal
method of bringing business before the Council and for stating propositions on which a
decision will have to be made. It also can be used in the form of a proposal so that the
City Council can act by resolution or by ordinance. Motions may be used to introduce
resolutions and ordinances, to amend them, and to take any other actions concerning
them. Motions may also be used for action on simple administrative acts, such as
approving the monthly department reports, or directing the City Manager.
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
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the ordinance to pass unless otherwise provided by these bylaws, State Statute or City
Code
806: An ordinance shall become effective upon passage and publication unless otherwise
specified in the ordinance. Consistent with State Statute the Council may authorize
publication of a summary of the ordinance rather than its full text. The Council, by
motion, must approve and authorize the proposed summary. Proof of publication shall
be attached to and filed with every ordinance.
807: All ordinances shall be reviewed by the City Attorney prior to presentation to the Council.
The ordinance format includes: title; number; enacting clause; the contents or body; the
penalty; the closing; the attestation, publication date and the effective date. The City
Manager will maintain a record of all ordinances and will be responsible for the Prior
Lake City Code and codification requirements. The Council may authorize the City
Manager to contract for codification services.
808: PROCLAMATIONS: Proclamations are used to show the City Council’s support for a
cause, person or organization. Proclamations may be read aloud and presented by the
Mayor on behalf of the City Council.
SECTION 900:
PUBLIC HEARING FORMAT
901: Public Hearings shall be conducted in the following manner:
901.1 The presiding officer announces the agenda item that is the subject of the public
hearing.
901.2 It is the intent of the City Council to open all public hearings at the time indicated
in the public hearing notice, or as soon as possible thereafter. From a practical
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 the Council, they
must provide 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
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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, 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.
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. The presiding officer will request a motion to close the public
hearing or to continue the public hearing to a date and time certain.
901.8 Once the public hearing is closed, tThe 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 limited, relevant information..
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901.9 Once deliberations are complete, the presiding officer requests a motion on the
matter at hand. There are two (2) possible motions, seconds and votes related
to the hearing:
A motion and second to close the public hearing. Once the vote is taken, the public
hearing is closed. The presiding officer announces, for the record, the time the
public hearing is closed; or
A motion and second to continue the public hearing to a date certain. The presiding
officer, in consultation with the City Manager and Council members, shall select
and announce a time and date certain for the continued public hearing. No
additional publication or notice are needed if a hearing is continued to a later
specified date. No public hearing may be continued more than once without re-
notice, publishing the time, date, location and subject of the public hearing.e
901.10 If the public hearing has been closed, rather than continued, the City
Council may take action on the subject matter by separate motion or by
combined motion with the closing of the public hearing.
SECTION 1000:
COMMITTEE/TASK FORCE/WORK GROUP STRUCTURE
1001: TYPES OF COMMITTEES/TASK FORCES/WORK GROUPS
1001.1 Special City Council Task Forces. In order to balance effective administration
with the public interest, the Council may from time to time establish task forces
by designating two (2) Council members to consider a specific issue. Council
members will be appointed to the task forces on an annual basis. Task forces
established by the Council are generally established to deal with single
transactions or projects as they arise. The responsibilities of the task force are
limited to gathering information and making recommendations to the City Council
or City staff. A task force has no authority to filter information or make decisions
on behalf of the City Council. Examples of task forces of the City Council
include:
• Bylaws & Compensation Task Force
• City Manager Evaluation Task Force
• Annexation Task Force
• Special Assessment Task Force
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
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Council. Research work groups will be required to make periodic reports to the
City Council on their progress. The City Council may use either a motion or
resolution to establish a research work group depending upon the subject matter.
These committees may include, for example:
• Water Treatment Plant Committee
• Tree Preservation Task Force
• Heritage Committee
• Snowmobile Task Force
• County Road 21 Advisory Committee
Research work groups are expected to be short-term in nature and to disband
upon completion of the assigned task, but no later than the assigned end date
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
• Citizen Engagement CommitteeCommunications 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.
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1002: CITY COUNCIL LIAISONS TO CERTAIN ADVISORY COMMITTEES: Annually, the
City Council shall appoint at least one council member to serve as a liaison to the
Advisory Committees identified in Section 1001.3. The role of the liaison is to act as a
conduit and resource for information by and between the Council and the Planning
Commission or Committee. The liaison shall make periodic reports to the Council on the
activities of the Planning Commission or committee. The authority and involvement of
the liaison shall be established by each advisory committee’s bylaws.
A liaison may always testify or submit comments at a public hearing in their capacity as
a private citizen as long as they make clear at the beginning of their testimony or in their
written comments that they are speaking on their own behalf and not on behalf of the
Council.
1003: VACANCIES: When the term of an individual serving on a committee/task force/work
group 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. 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. A vacant position on any committee/task force/work group 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, the staff liaison, and one member of the committee/task force/work group
appointed by majority vote of the committee/task force/work group 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 Others. 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
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control that a council member is appointed to and serves as a representative of the Prior
Lake City Council. These appointments should be distinguished from appointments to
serve as a Council liaison to the Planning Commission or a committee. A council
member appointed to serve as a member of such a committee, commission or authority
shall provide the City Council with periodic reports on the activities of the committee,
commission or authority and, unless provided with specific direction, exercise their
judgment on how frequently to report to the full Council. The authority, committee or
commission shall determine if the appointed council member has voting authority in
connection with its governing authority. Examples of these types of committees or
authorities include:
• Three-member Orderly Annexation Board
• Transit Review Board
• 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:
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• 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.
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.
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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
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 DISCLOSURE: 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.
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1303: GIFTS AND FAVORS: No public official shall accept any gift, including but not limited to
money, real or personal property, services, loans, mementos, food, beverages, or any
other favor or thing, regardless of value, from any interested person except as follows:
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.
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
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to exist.
1307: The purpose behind the creation of a rule, which would disqualify public officials from
participating in proceedings in a decision-making capacity when they have a direct
conflict of interest in its outcome, is to ensure that their decision will not be an arbitrary
reflection of their own selfish interests. There is no settled general rule as to whether
such an interest will disqualify an official. Each case must be decided on the basis of the
particular facts present. Among the relevant factors that should be considered in making
this determination are: (1) nature of the decision being made; (2) the nature of the
pecuniary interest; (3) the number of officials making the decision who are interested; (4)
the need, if any, to have interested persons make the decision; and (5) the other means
available, if any, such as the opportunity for review, that serve to ensure that the officials
will not act arbitrarily to further their selfish interests.
SECTION 1400:
CITY COUNCIL RECOGNITION
1401: COMMENDATION AND CENSURE: To the extent allowed by law, the City Council
desires to encourage appropriate behavior and discourage inappropriate behavior
among its members. The City Council, as a body, may by motion and four-fifths (4/5)
vote, commend or censure one of its own. If the act involves two members of the
Council, a majority vote is required.
1401.1 Commendation: A member may receive public commendation for the exercise of
positive leadership, community vision or other actions considered meritorious by
the City Council.
1401.2 Censure: A member may receive a public reprimand for failure to conform to any
provisions of these bylaws, state statute, misconduct at meetings, violating
confidentiality or the attorney-client privilege, absenteeism, disloyalty, a violation
of the standards of ethics or violating other value the City holds dear. The
purpose of the censure is to reprimand a council member with the hope of
reforming him or her so that he or she won’t behave in the same way again.
A motion to censure is amendable, debatable, requires a 4/5 vote and cannot be
reconsidered.
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APPENDIX A: TYPES OF MOTIONS AND PROCEDURES
The following motions will be available for use by the members:
1. Main Motion: An act to bring substantive proposals before the City Council for
consideration and action. After the motion is stated and seconded, the subject of the
motion may be deliberated and voted upon. Deliberation may take place by the Mayor,
Council, staff or the general public as long as the procedures for citizen input are
followed pursuant to these Bylaws.
2. Amend Main Motion: A main motion that is being deliberated and has not been voted
upon may be changed or modified by a motion, a second, deliberation and a subsequent
vote. The only motion that may be amended is the main motion.
3. Postpone Definitely Motion: A motion to put off consideration or discontinue discussion
of any motion on the floor and that which established a definite time for the motion to be
reconsidered. A motion to postpone definitely requires a second, deliberation and a
subsequent vote.
4. Vote Immediately Motion (Previous Question): A motion to prevent or stop deliberation
on a pending motion and to bring the pending motion to an immediate vote. A motion to
the "Previous Question" requires a second and a two-thirds majority vote to pass,
however, no discussion is allowed on the motion. Two votes are required when a
Previous Question motion is seconded. The first vote is to close the debate (requires two
thirds majority vote) and, if that passes, the second vote is then on the original motion
being deliberated prior to the Previous Question being called. If the close the debate
motion fails, then deliberation on the original motion continues.
5. Substitute Motion: This is a motion that replaces the motion being considered with
another motion on the same subject. A motion to substitute may be made for either a
main motion or an amendment to a main motion. A substitute motion requires a motion
and second. The Council then votes on the substitute motion and if that passes, the
original motion dies. If the substitute motion fails, the deliberation on the original motion
continues.
6. Withdraw a Motion: Any member of the City Council who has made an allowable
motion has the authority to remove the motion from consideration by the total body. If a
member desires to remove a motion that has been seconded, but not yet voted upon,
the member who has seconded the motion must consent to the request of the member
to remove the motion from consideration. If the motion has not been seconded, the
member may remove the motion from consideration by his/her own request.
7. Division of Motion: A motion that is composed of two or more independent sections or
ideas may be deliberated, considered and voted on separately. Each section or idea that
is to be voted on separately must be acted upon through a separate motion, second,
discussion and subsequent vote. Any member of the City Council may request a motion
to be divided into two or more individual motions.
8. Eligibility of Motion: The presiding officer may rule on the eligibility of a motion that has
been requested to be divided into two or more individual motions.
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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.
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CITY OF PRIOR LAKE
PRIOR LAKE ECONOMIC DEVELOPMENT AUTHORITY BYLAWS
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
Amended January 9, 2017
Amended March 195, 2018
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
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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
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 January 1 and concluding on December 31. Public mem-
bers may be appointed at any time throughout the year. If a public member is appointed at any time other
than January, the member shall begin service immediately upon appointment and shall serve as if ap-
pointed in the previous January, serving five full years and a partial year. 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 deter-
mined by the City Council. The City Council members appointed to the Authority 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 experience in: the private sector, business development or redevelopment,
business retention, business management, real estate, project management, planning, financing and/or
familiarity or experience working in the public sector. The individual should have experience working in a
team environment, have good communication and problem-solving skills and have the time and creativity
to serve and actively contribute as a commissioner.
3.3 ELIGIBILITY FOR NON-COUNCIL APPOINTMENTS
3.3.1 To be eligible to serve on the EDA, an individual must either:
3.3.1.1 Be a resident of the City; or
3.3.1.2 Be in a management position at or hold a controlling financial interest 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 replacement in
the following manner:
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.
3.4.1.3 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.
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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. All members of the Council including the Mayor are eligible for appointment.
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
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.
3.7 STAFF LIAISON: The Mayor shall appoint one or more staff liaisons to serve on the Commission.
The staff liaison shall schedule meetings and provide information at the direction of the Commission. The
staff liaison may provide information on the staffs’ position at the request of the Commission but shall not
direct the Commission or advocate for a position.
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.
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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. 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 EDA agenda packet. The information provided by staff should serve to inform
the EDA of the subject matter under discussion. The information should explain in detail the staff com-
ments or work, or state that the staff will present the necessary details and comments at the meeting.
The agenda for a regularly scheduled meeting shall include the following in order of business:
4.6
4.7 Call to Order
4.8 Approval of Agenda
4.9 Approval of Meeting Minutes
4.10 Consent Agenda
4.11 Removed Consent Agenda Items
4.12 Public Hearing
4.13 Old Business
4.14 New Business
4.15 Other Business
4.16 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.
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
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video presentations, however, if there are technical or other issues the City will
not disrupt a meeting in order to play the presentation. All materials including
audio and video presentations are subject to the presiding officer’s judgment
relating to timeliness and relevance.
4.6.6.2 If unable to attend the meeting, members of the public, interested parties or
their authorized representatives may submit written comments and supporting
materials. Nine (9) copies of the comments and materials must be submitted
to the City staff prior to the EDA meeting. The comments and materials will be
distributed to EDA members and City staff. The written comments and materi-
als will become part of the record, but will not be read aloud at the meeting
4.6.6.3 If unable to attend a meeting, members of the public, interested parties or their
authorized representatives may submit testimony to the EDA using a prere-
corded audio or video communication. An audio or video communication must
be in an electronic format that is compatible with the City’s existing equipment.
An audio or video presentation may not introduce testimony from any person
other than the author. The author of the recorded testimony must provide nine
(9) copies to the City staff at least seven (7) calendar days prior to the meeting
in order to allow staff an opportunity to view the presentation and prepare a
written summary. The recorded testimony and summary prepared by the staff
will be provided to the EDA as part of their EDA agenda package. The audio
or visual communication may be used by individual EDA members in prepara-
tion for the EDA meeting, but will not be played during the meeting. The
presentation and the summary will become a part of the public record. Gener-
ally, EDA agenda packages are distributed to members of the EDA on the
Wednesday preceding the meeting.
4.6.7 After all persons have been heard, the presiding officer will ask whether there are any
other persons in attendance who want to be heard on the matter pending. The presiding
officer will explain that the EDA is going to deliberate and that the EDA may not take any
additional public comment prior to closing the hearing and taking action. The presiding
officer will then ask one more time whether there are any other persons in attendance who
want to be heard on the matter pending. The presiding officer will request a motion to
close the public hearing or to continue the public hearing to a date and time certain.
4.6.8 Once the public hearing is closed, tThe EDA addresses the subject matter through delib-
eration. 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 on the matter at
hand. 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.
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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
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 BUSINESS ENGAGEMENT COMMITTEEEDAC LIAISON. The EDA shall elect an Business En-
gagement Economic Development Advisory Committee (“BEDAC”) liaison at the first meeting of the year.
Any of the five (5) commissioners may serve as the BEDAC liaison.
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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 ass ignments
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,
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
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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 make a legal com-
pliance examination of the EDA including the salaries paid to the examiners while actually engaged in
making the examination. The state auditor may bill monthly or at the completion of the audit. All 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 I ndustrial
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.
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
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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.
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
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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 ETHICS
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.
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.
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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.
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
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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.
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CITY OF PRIOR LAKE
PLANNING COMMISSION BYLAWS
Adopted May 16, 1994
Amended January 3, 1995
Amended June 19, 1995
Amended January 2, 1996
Amended January 6, 1997
Amended February 16, 1999
Amended June 7, 1999
Amended June 26, 2006
Amended November 17, 2008
Amended October 19, 2009
Amended January 3, 2011
Amended June 2012
Amended January 12, 2015
Amended January 11, 2016
Amended March 195, 2018
SECTION 100: PURPOSE
101: The purpose of the Planning Commission bylaws is to provide a set of operating
procedures for the Planning Commission, and to establish a code of ethics and
conduct.
102: The Bylaws shall be reviewed annually by the Planning Commission, and any
changes or amendments agreed to by a majority vote of the Commission shall be
recommended to the City Council for adoption at its annual meeting. The City
Council conducts its annual meeting as the first meeting in January of each year.
SECTION 200: STRUCTURE OF COMMISSION
201: COMMISSION CREATED: A Planning Commission is hereby created for the City,
its purpose to be of an advisory nature to the City Council and staff on is sues
related to zoning and development, except as provided by State Statute.
The members of the Planning Commission shall annually elect officers in
accordance with the procedures of paragraph 205 herein.
202: DUTIES OF THE COMMISSION: The duties of the Planning Commission are as
follows:
1. To acquire and maintain in current form such basic information and
background data that is necessary to an understanding of past trends,
present conditions and forces at work to cause changes in these conditions.
2. To prepare, draft and recommend amendments to the Comprehensive Plan
for review by the City Council on the advice of the City Community and
Economic Development Director.
3. To recommend policies to the City Council for guiding action affecting
development.
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4. To determine whether specific proposed developments conform to the
principles and requirements for the Comprehensive Plan and City
ordinances.
5. To keep the City Council and the general public informed and advised as to
all planning and development matters.
6. To review and make recommendations to the City Council on planned unit
development and subdivision proposals.
7. To hold public hearings for subdivision, planned unit developments and
rezoning applications and furnish the City Council with information and
recommendations of such hearings.
8. To prepare and submit to the City Council within sixth (60) days after the end
of the calendar year, a summary report of all variances granted to applicants
from January 1 through December 31 of that calendar year. The summary
report shall contain such information as deemed necessary and requested
by the Council.
203: APPOINTMENT: The Planning Commission shall be composed of five (5)
members, appointed by the City Council. Only residents of the City who are at least
18 years old shall be considered for appointment. Said members shall serve three
(3) year-terms beginning November 1st and ending October 31st. The Commission
shall be representative of the citizens who live in Prior Lake. Commission members
may serve additional terms upon approval by the Prior Lake City Council, based
upon satisfactory attendance and participation, continued residence within the
corporate limits of the City of Prior Lake, and in accordance with the term limit
policy established herein. Commission members may be appointed at any time
throughout the year. If a Commission member is appointed at any time other than
the standard City appointment process in October, the Commission member shall
begin service immediately upon appointment and shall serve as if appointed in the
previous October, serving two full years and a partial year.
204: COUNCIL LIAISON: Annually the City Council will appoint a Councilmember to
serve as a Liaison between the Council and the Planning Commission. The role of
the Liaison is to act as a conduit and resource for information by and between the
Council and the Planning Commission and the Planning Commission and the
Council. The Liaison shall make periodic reports to the Council on the activities of
the Planning Commission. The Liaison shall communicate any Council input on a
particular issue to the Planning Commission. The Liaison shall not participate in
the discussion or deliberation of any matter pending before the Commission,
except where the Planning Commission is meeting in a study or work session. The
Planning Commission may, at its discretion, ask the Liaison whether the Council
has discussed the subject under consideration and the nature of the discussion.
The Liaison shall never use this occasion as an opportunity to communicate their
personal position regarding the matter under consideration.
A Liaison may always testify or submit written comments at a Public Hearing in
their capacity as a private citizen so long as they make clear at the beginning of
their testimony or their written comments that they are speaking on their own behalf
and not on behalf of the Council.
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205: VACANCIES: If an appointed member of the Commission resigns, is terminated,
reaches a term limit, or otherwise vacates a seat of the Commission, the Prior Lake
City Council shall appoint a replacement in the following manner:
1. Applications are solicited. A notice of the vacancy is made public and
individuals may be encouraged to consider the position. The notice shall
state the deadline for submitting applications.
2. Screening Committee. The City Manager or his designee, the City Council
liaison to the commission, the staff liaison to the commission, and one
member of the commission appointed by majority vote of the commission
shall serve as the Screening Committee. An individual subject to re-
appointment may not sit on the screening committee.
3. Appointment. The Screening Committee shall interview all candidates who
have applied for appointment or reappointment and make a recommendation
to the City Council. The recommendation of the Screening Committee will be
presented to the City Council. The Council may accept or 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 Planning Commission shall elect from among its membership a
chair and vice-chair. The Community and Economic Development Director shall
act as secretary of the Commission.
1. Chair: The Chair shall be elected by majority vote of the Planning
Commission prior to the first meeting in November. The term of the chair shall
begin in November and run for one year. The duties of the chair shall include
approval of meeting agendas, presiding at meetings, participating with the
City Council in the selection of Commission members, semi-annual reporting
to the City Council on all information collected under paragraph 202 and shall
give an accounting of its activities and any information the Commission may
consider relevant before the City Council annually or as directed otherwise.
2. Vice-Chair: The vice-chair shall be selected annually by the Commission and
shall perform the duties of the Chair in his/her absence. The vice-chair shall
assume such other duties as assigned by the chair.
3. Secretary: The Secretary and shall be responsible for recording and
compiling a written summary of all official activities of the Planning
Commission.
4. Vacancy: If the office of Chair or Vice-Chair becomes vacant, the
Commission 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
(9 year) service limitation for all appointed positions to the Planning Commission.
Partial terms do not count toward the term limitation. The purpose of the term limit
policy is to encourage resident participation on City advisory bodies and provide
community members with the opportunity to participate in their local government.
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208: REMOVAL OF MEMBER: Any member of the Planning
CommissionCommunication and Technology Advisory Committee 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.
209: STAFF LIAISON: The Mayor shall appoint one or more staff liaisons to serve on
the Commission. The staff liaison shall schedule meetings and provide information
at the direction of the Commission. The staff liaison may provide information on
the staffs’ position at the request of the Commission but shall not direct the
Commission or advocate for a position.
SECTION 300: STATEMENT OF ETHICS
301: POLICY STATEMENT: The City of Prior Lake recognizes our system of
democratic representative government is dependent in large measure, upon
people having trust and confidence in their public officials. The public rightfully
expects governmental officials will conduct City of Prior Lake business in ways
which benefit the public good generally and that public office will not be used chiefly
or improperly to advance personal interests. The City Council of Prior Lake has
pledged the goals of fair, efficient and honest government will be fostered and that
it will strive for integrity and objectivity from all of its officials.
1. The City of Prior Lake finds that the proper operation of democratic
representative government requires that:
• Elected and appointed officials be independent, impartial and responsible
to the people;
• Governmental decisions and policy are made in the proper channels of
the governmental structure;
• Public office and position not be used for personal gain; and
• The public have confidence in the integrity of its government.
2. The City of Prior Lake shall adhere to the highest ethical standards that
enhance the public trust in local government by:
• Creating transparency in its actions through honest and open
communication;
• Basing decisions and adopting public policies based on what is in the
best interest of the public and the overall community;
• Supporting the public’s right to know the public’s business; and
• Exercising fairness, optimism, responsiveness and respect in
communicating with the public.
• Providing a forum and periodic training for public officials and employees
to discuss organizational values that reflect high standards and current
conditions and concerns.
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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: 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 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 gift, including but not
limited to money, real or personal property, services, loans, mementos, food,
beverages, or any other favor or thing, regardless of value, from any interested
person except as follows:
1. a contribution as defined in Minn. Stat. Section 10A.01, Subd. 11.
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.
3. services of insignificant monetary value.
4. a plaque or similar memento recognizing individual services in a field of
specialty or to a charitable cause.
5. a trinket or memento costing $5 or less.
6. informational material of unexceptional value.
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.
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.
9. received in exchange goods or services of equal value.
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)
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306: A public official or local official elected to or appointed by a metropolitan
governmental unit who in the discharge of official duties would be required to take
an action or make a decision that would substantially affect the official's financial
interests or those of an associated business, unless the effect on the official is no
greater than on other members of the official's business classification, profession
or occupation, must take the following actions:
1. Advise the City Attorney of the potential conflict of interest as soon as
possible, preferably before the meeting; and
2. The City Attorney shall determine whether a disqualifying conflict of interest
exists.
3. Any Planning Commission member shall orally inform the Planning
Commission of the potential conflict and abstain from any participation in that
agenda item if a conflict is determined to exist.
307: The purpose behind the creation of a rule, which would disqualify public officials
from participating in proceedings in a decision-making capacity when they have a
direct conflict of interest in its outcome, is to ensure that their decision will not be
an arbitrary reflection of their own selfish interests. There is no settled general rule
as to whether such an interest will disqualify an official. Each case must be decided
on the basis of the particular facts present. Among the relevant factors that should
be considered in making this determination are: (1) nature of the decision being
made; (2) the nature of the pecuniary interest; (3) the number of officials making
the decision who are interested; (4) the need, if any, to have interested persons
make the decision; and (5) the other means available, if any, such as the
opportunity for review, that serve to ensure that the officials will not act arbitrarily
to further their selfish interests.
SECTION 400: CONDUCTING MEETINGS
401: REGULAR MEETINGS: All regular and special meetings shall be open to the
public and shall be noticed in In conformance with the Minnesota Open Meeting
Law. all meetings of the Planning Commission are open to the public. Regular
meetings shall be held on a minimum of a quarterly basis during each calendar
year at Prior Lake City Hall, 4646 Dakota Street SE, Prior Lake, Minnesota.
Regular meetings may be rescheduled, canceled or changed depending upon
unique circumstances and subject to the approval and consent of either the Chair
or Vice-Chair.
402: NOTIFICATION: A schedule of all regular meetings shall be kept on file at the City
Clerk’s Office. Notice of all meetings shall be provided as required by the
Minnesota Open Meeting Law.
1. Unless extenuating circumstances exist, a copy of the notice, agenda and
accompanying materials shall be received by the Planning Commission, staff
and others designated by the Planning Commission, no later than three (3)
business days prior to the next scheduled meeting and no later than two (2)
days prior to a special meeting.
2. Notice of any Public Hearing must be published as required by statute.
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4032: SPECIAL MEETINGS: Special Meetings of the Planning Commission may be
called by the Chair or any two (2) members of the Planning Commission for the
purpose of transacting any business designated in the notice. Staff may
recommend calling a special meeting, but must receive approval from either the
chair or two members of the Planning Commission. Notice of a special meeting
shall be provided as required by the Minnesota Open Meeting Law. At such
meetings, no business shall be considered other than as designated in the notice.
404: AGENDA AND MEETING FORMAT: Business of the meeting will be conducted
according to the Agenda prepared by the Staff Liaison. A memo, report, or brief
explanation of each agenda item shall be included in the Planning Commission
agenda packet. The information provided by staff should serve to inform the
Planning Commission of the subject matter under discussion. The information
should explain in detail the staff comments or work, or state that the staff will
present the necessary details and comments at the meeting. The meeting agenda
will be prepared according to the following:
Call to Order
1. Roll Call
2. Approval of Minutes
3. Hearings
4. Old Business
5. New Business
6. Announcements / Correspondence
7. Adjournment
405: MINUTE PREPARATION. The Staff Liaison is responsible for the preparation of
the minutes of the meeting. The meeting proceedings will be audio-recorded and
written minutes will be prepared. The written minutes of the meeting as approved
by the Planning Commission are the official record of the meeting. The audio
recording is intended to supplement the minutes for the purpose of an "on the
record review" in a judicial proceeding. A DVD recording may also be prepared for
the purpose of rebroadcast of the meeting on the City’s public access cable
channel. The following two requirements for "minute" preparation shall be adhered
to:
1. All motions typed in capital letters.
2. List the names of the Planning Commission Members after their vote on each
motion.
The official minutes shall be prepared and presented to the Planning Commission
at the next regularly scheduled meeting as part of the agenda packet. The text of
the minutes shall consist of official Planning Commission business conducted
while the Planning Commission is in session. Any comments made at a meeting
that are made prior to the start of or after adjournment of the meeting, or during
any recess, shall not be made part of the minutes. The Planning Commission shall
review the minutes and the presiding officer shall call for any additions or
corrections. If an addition or correction is presented, the change must be specific
as to place, paragraph, and sentence, if applicable. The official minutes shall be
corrected to reflect the change.
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Approval of the minutes requires a motion, second and a majority vote of the
members present at the meeting unless otherwise provided by these bylaws, State
Statute or City Code. Planning Commission members who were not present at the
meeting for which the minutes are being approved shall abstain from voting on the
action to approve the minutes.
The Staff Liaison is responsible for the maintenance and filing of the minutes.
1. The approved minutes shall be retained as a permanent record of the Planning
Commission meeting.
2. The approved minutes of the past twelve months of Planning Commission
meetings shall be available on the City Website.
3. All audio and DVD recordings will be retained in accordance with the City's data
retention schedule.
406: ROLES AT MEETING:
1. All meetings of the Planning Commission shall comply with the Minnesota
Open Meeting law, which requires meetings (with few exceptions) of all
municipal bodies to be open to the public. The City of Prior Lake encourages
citizen attendance. Public attendance at meetings of the Planning
Commission helps to develop a more enlightened, interested and
participatory citizenry.
2. Any Planning Commission member may recognize a member of the public
for the purpose of asking question(s) relating to the matter under
consideration by the Planning Commission. Members of the Planning
Commission must use judgment and discretion when recognizing members
of the public to answer a question during the time they have the floor.
3. Members of the Planning Commission may also ask questions of staff in
order to clarify their understanding of the relevant information necessary to
make an informed judgment. In preparation for Planning Commission
meetings, Planning Commission members may want to consider contacting
the Staff Liaison, in sufficient time prior to the meeting, to advise the question
they intend to ask in order for the Staff Liaison to attempt to bring the
additional information to the Planning Commission meeting.
4. The Chair shall be the presiding officer at all meetings. If the Chair is absent,
the Vice-Chair shall preside at the meeting. If the Chair and the Vice-Chair
are both absent, the Secretary shall call the meeting to order and preside
until such time the Planning Commission elects among itself a member to
preside at the meeting. The presiding officer, at all times, shall be allowed to
vote in the same manner as all other members of the Planning Commission.
5. The presiding officer has two unique powers: interpreting and applying the
rules of procedure; and recognizing speakers from the audience. That official
shall have the obligation to be impartial and objective in conducting the
meeting.
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6. The presiding officer shall recognize all speakers from the audience, except
when a member of the Planning Commission has the floor and they expressly
recognize a member of the audience who desires to speak on the issue under
consideration.
7. The presiding officer has the responsibility to facilitate discussion by the
Planning Commission. This may occur in a variety of ways, including:
• Interpret and apply rules of procedure
• Decide whether motions are properly made.
• Decide whether motions are in order.
• Decide whether questions of special privilege ought to be granted.
• Decide when to recognize speakers.
• Call for motions or recommend motions.
• Expel disorderly persons from the meeting.
• Enforce speaking procedures.
8. The presiding officer is responsible for maintaining order at the meetings.
Although meetings must be open to the public, no person who is noisy or
unruly has a right to remain in the Council Chambers. When individuals
abuse their rights to be present, the presiding officer, subject to overrule by
the Planning Commission, can order their removal from the room.
407: PUBLIC HEARING FORMAT. Public Hearings shall be conducted in the following
manner:
1. The presiding officer announces the agenda item that is the subject of the
public hearing.
2. It is the intent of the Planning Commission to open all public hearings at the
time indicated in the public hearing notice, or as soon as possible thereafter.
From a practical standpoint, not all hearings can be opened at their
designated time. The Planning Commission may delay the start of a hearing
until the pending business is acted upon. However under no circumstances
may a public hearing be opened prior to the time specified in the notice and
published in the official newspaper.
3. Staff and/or a consultant make a presentation or report on the subject matter
of the public hearing.
4. At the conclusion of any presentation or remarks by staff and/or a consultant,
the presiding officer asks the Planning Commission members if they have
questions of the staff or consultant.
5. The presiding officer requests a motion and second from a member of the
Planning Commission to open the public hearing and calls for a vote.
6. The presiding officer declares the public hearing opened, announces the time
and then proceeds to ask for citizen input, comments and questions.
• Members of the public, interested parties or their authorized
representatives may address the Planning Commission orally. If the
speaker intends to present written or hard copy materials to support their
presentation to the Planning Commission, they must provide the staff, at
the time of their presentation or before, seven (7) copies of the original
for distribution to Planning Commission members and City staff. If the
materials are lengthy the members may not have sufficient time to review
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the materials during the presentation; please consider providing materials
in advance to allow the members sufficient time for review. The materials
will be included in the public record. If the speaker intends to present
audio or video materials to support their presentation to the Planning
Commission, such materials must be in an electronic format that is
compatible with the City’s existing equipment. An audio or video
presentation may not introduce testimony from any person other than the
author. The electronic materials should be submitted to the staff by 12:00
p.m. noon of the day of the meeting. The City will use best efforts to play
audio or video presentations, however, if there are technical or other
issues the City will not disrupt a meeting in order to play the presentation.
All materials including audio and video presentations are subject to the
presiding officer’s judgment relating to timeliness and relevance.
• If unable to attend the meeting, members of the public, interested parties
or their authorized representatives may submit written comments and
supporting materials. Seven (7) copies of the comments and materials
must be submitted to the City staff prior to the Planning Commission
meeting. The comments and materials will be distributed to Planning
Commission members and City staff. The written comments and
materials will become part of the record, but will not be read aloud at the
meeting
• If unable to attend a meeting, members of the public, interested parties
or their authorized representatives may submit testimony to the Planning
Commission using a prerecorded audio or video communication. An
audio or video communication must be in an electronic format that is
compatible with the 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 Planning Commission as part
of their Planning Commission agenda package. The audio or visual
communication may be used by individual Planning Commission
members in preparation for the Planning Commission meeting, but will
not be played during the meeting. The presentation and the summary will
become a part of the public record. Generally, Planning Commission
agenda packages are distributed to members of the Planning
Commission three (3) days prior to the meeting.
7. After all persons have been heard, the presiding officer will ask whether there
are any other persons in attendance who want to be heard on the matter
pending. The presiding officer will explain that the Planning Commission is
going to deliberate and that the Commission may not take any additional
public comment prior to closing the hearing and taking action. The presiding
officer will then ask one more time whether there are any other persons in
attendance who want to be heard on the matter pending. The presiding
officer will request a motion to close the public hearing or to continue the
public hearing to a date and time certain.
8. Once the public hearing is closed, theThe Planning Commission addresses
the subject matter through deliberation. The Planning Commission may ask
questions of the staff and City Attorney. Planning Commission members
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should refrain from calling upon a member of the public except for the sole
purpose of asking a question that can be answered by a “yes” or “no”
response.
9. Once the deliberations are complete, the presiding officer requests a motion
on the matter at hand. There are two (2) possible motions, seconds and
votes:
10. 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
11. A motion and second to continue the public hearing to a date certain. The
presiding officer, in consultation with the Staff Liaison and the Planning
Commission, shall select and announce a time and date certain for the
continued public hearing. No additional publication or notice are needed if a
hearing is continued to a later specified date. No public hearing may be
continued more than once without re-notice, publishing the time, date,
location and subject of the public hearing.
12. If the public hearing has been closed, rather than continued until a date
certain, the Planning Commission may take action on the subject matter.
408: QUORUM AND VOTING: At each meeting a majority of all the members appointed
(e.g. three out of five, four out of six) shall constitute a quorum for the transaction
of business.
The voting options available to the Planning Commission when a vote has been
initiated are: aye (affirmative); nay (negative vote); and a qualified abstention.
When a vote is to be taken, the presiding officer shall first call for the ayes, then
the nays, and if applicable, shall call for abstentions. The votes of each member
shall be recorded in the minutes. If a member of the Planning Commission is
absent during a vote, the member’s vote for the official minutes shall read as
“absent”.
SECTION 500: MOTIONS AND RESOLUTIONS
501: The Planning Commission may take formal action in one or two methods - motions,
or resolutions. All motions in any form require a second unless otherwise stated
below. All votes of the Planning Commission in any of the two methods require a
majority vote for approval unless otherwise specified below or prescribed by
statute.
502: MOTIONS: A motion is a matter of parliamentary procedure. Motions are a formal
method of bringing business before the Commission and for stating propositions
on which a decision will have to be made. It also can be used in the form of a
proposal so that the Planning Commission can act by resolution. Motions may be
used to introduce resolutions, to amend them, and to take any other actions
concerning them. Motions may also be used for action on simple administrative
acts, such as approving the monthly department reports, or directing the
Community Development/Natural Resources staff.
Every motion shall be stated in full and be reasonably understood, to the extent
practical, before it is submitted to a vote by the presiding officer.
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503: RESOLUTIONS: Resolutions are normally used to reflect the Planning
Commission position on items of business that do not require or warrant an
ordinance. Resolutions may be enacted on a motion, which has been duly
seconded, and received majority vote. The Community Development/Natural
Resources Director will maintain a record of all resolutions and will be responsible
for the proper numbering and execution of each resolution adopted by the Planning
Commission.
SECTION 600: SCOPE OF POWERS AND DUTIES
601: POWERS AND DUTIES: The Commission shall act in an advisory capacity to the
Prior Lake City Council and shall advise the City Council on issues related to
zoning and development identified in Section 200, except as provided by State
Statute, or as assigned to the commission. The Commission Chair shall give an
accounting of the Commission’s activities with respect to its goals and objectives
before the City Council. Additionally, specific powers, duties and responsibilities
may be assigned to the Commission upon approval of the City Council.
602: SUBCOMMITTEES: The Commission may divide its membership into
Subcommittees as it deems necessary to implement its goals and objectives.
SECTION 700: AMENDMENTS
701: AMENDMENTS: These bylaws shall be reviewed by the Commission annually.
The Commission may recommend revised Bylaws to the City Council for final
approval.
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CITY OF PRIOR LAKE
COMMUNITY SAFETY ADVISORY COMMITTEE BYLAWS
Adopted November 17, 2008
Amended October 19, 2009
Amended January 3, 2011
Amended January 17, 2012
Amended January 13, 2014
Amended January 12, 2015
Amended January 11, 2016
Amended March 195, 2018
SECTION 100: PURPOSE
101: The purpose of the Community Safety Advisory Committee bylaws is to provide a set of
operating procedures for the Community Safety Advisory Committee, and to establish a code
of ethics and conduct.
102: The Bylaws shall be reviewed annually by the Community Safety Advisory Committee, and
any changes or amendments agreed to by a majority vote of the Committee shall be
recommended to the City Council for adoption at its annual meeting. The City Council
conducts its annual meeting at the first meeting in January of each year.
SECTION 200: STRUCTURE OF COMMITTEE
201: COMMITTEE CREATED: A Community Safety Advisory Committee is hereby created for the
City, its purpose to be of an advisory nature to the City Council and staff on issues related to
making Prior Lake a safe and healthy community.
The members of the Committee shall annually elect officers in accordance with the procedures
of paragraph 206 herein.
202: DUTIES OF THE COMMITTEE: The duties of the Community Safety Advisory Committee are
as follows:
1. Periodically review and recommend revisions to these bylaws.
2. Recommend safety activities and policies to the Council for implementation.
3. Act as experts to assist staff in the interpretation and implementation of community
safety matters.
4. Periodically establish priorities for incorporation into the 2030 Vision and Strategic Plan.
5. Promote the objectives of community safety in the most appropriate venues.
203: APPOINTMENT: The Committee shall consist of at least five (5) members and no more than
seven (7) members as determined and appointed by the City Council. Only residents of the
City who are at least 18 years old shall be considered for appointment provided, however, that
one member may be a resident who is less than 18 years of age. Said members shall serve
three (3) year-terms beginning November 1st and ending October 31st. The Committee shall
be representative of the citizens who live in Prior Lake. Committee members may serve
additional terms upon approval by the Prior Lake City Council, based upon satisfactory
attendance and participation, continued residence within the corporate limits of the City of
Prior Lake, and in accordance with the term limit policy established herein. Committee
members may be appointed at any time throughout the year. If a Committee member is
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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 LIAISON: Annually the City Council will appoint a Council member to serve as a
Liaison between the Council and the Community Safety Advisory Committee. The role of the
Liaison is to act as a conduit and resource for information by and between the Council and the
Community Safety Advisory Committee and the Community Safety Advisory Committee and
the Council. The Liaison shall make periodic reports to the Council on the activities of the
Community Safety Advisory Committee. The Liaison shall communicate any Council input on a
particular issue to the Community Safety Advisory Committee. The Liaison shall not participate
in the discussion or deliberation of any matter pending before the Committee, except where
the Community Safety Advisory Committee is meeting in a study or work session. The
Community Safety Advisory Committee, at its discretion, may ask the Liaison whether the
Council has discussed the subject under consideration and the nature of the discussion. The
Liaison shall never use this occasion as an opportunity to communicate their personal position
regarding the matter under consideration. The Liaison shall participate in discussion or
deliberation as an individual and not as a spokesperson for the Council, except when the
Council has provided specific information to be conveyed to the Committee. The Liaison’s role
is to be an equal member of the Committee, not to direct the Committee in its work.
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 Community Safety Advisory Committee shall elect from among its members a
Chair, and a Vice-Chair. The Staff Liaison shall serve as Secretary of the Committee.
1. Chair: The Chair shall be elected at the first meeting in November by majority vote of the
Committee members present at the meeting. The term of the chair shall begin in November
and run for 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.
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2. Vice-Chair: The vice-chair shall be elected in the same manner as the Chair and shall
perform the duties of the Chair in his/her absence. The vice-chair shall assume such other
duties as assigned by the chair.
3. Secretary: The Secretary shall be responsible for recording and compiling a written
summary of all official activities of the Committee.
4. Vacancy: If the office of Chair or Vice-Chair becomes vacant, the Committee shall appoint
a replacement by majority vote of those members present at the next regular meeting, and
such election shall be for the unexpired term of said office.
207: TERM LIMIT: It is the policy of the Prior Lake City Council to impose a three term service
limitation for all appointed positions to the Community Safety Advisory Committee. The term
limit applies only to full three year terms. The purpose of the term limit policy is to encourage
resident participation on City advisory bodies and provide community members with the
opportunity to participate in their local government.
208: REMOVAL OF MEMBER: Any member of the Communication and SafetyTechnology Advisory
Committee 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.
209: STAFF LIAISON: The Mayor shall appoint one or more staff liaisons to serve on the
Committee. The staff liaison shall schedule meetings and provide information at the direction
of the Committee. The staff liaison may provide information on the staffs’ position at the
request of the Committee but shall not direct the Committee or advocate for a position.
210: STUDENT MEMBERS: The Committee may select up to two individuals who are 18 years or
under to be student members on the Committee. The Committee shall establish an application
and interview process to select the student members. The student members shall be full voting
members of the Committee.
SECTION 300: STATEMENT OF ETHICS
301: The Statement of Ethics is located in the City Council Bylaws Section 1300.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.
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.
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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.
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: 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 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 gift, including but not limited to
money, real or personal property, services, loans, mementos, food, beverages, or any other
favor or thing, regardless of value, from any interested person except as follows:
1. a contribution as defined in Minn. Stat. Section 10A.01, Subd. 11.
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.
3. services of insignificant monetary value.
4. a plaque or similar memento recognizing individual services in a field of specialty or to a charitable
cause.
5. a trinket or memento costing $5 or less.
6. informational material of unexceptional value.
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.
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.
9. received in exchange goods or services of equal value.
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)
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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:
Advise the City Attorney of the potential conflict of interest as soon as possible, preferably before the
meeting; and
The City Attorney shall determine whether a disqualifying conflict of interest exists.
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: All regular and special meetings shall be open to the public and shall
be noticed in In conformance with the Minnesota Open Meeting Law. all meetings of the
Committee are open to the public. Regular meetings shall be held on a minimum of a quarterly
basis during each calendar year at Prior Lake City Hall, 4646 Dakota Street SE, Prior Lake,
Minnesota. Regular meetings may be rescheduled, canceled or changed depending upon
unique circumstances and subject to the approval and consent of either the Chair or Vice-Chair.
402: NOTIFICATION: A schedule of all regular meetings shall be kept on file at the City Clerk’s
Office. Notice of all meetings shall be provided as required by the Minnesota Open Meeting
Law.
1. Unless extenuating circumstances exist, a copy of the notice, agenda and accompanying
materials shall be received by the Committee, 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.
4032: 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
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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
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.
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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:
• 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
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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
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.
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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
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.
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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 f inal approval.