HomeMy WebLinkAbout04 09 2018 EDA Agenda Packet FULL
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
PRIOR LAKE ECONOMIC DEVELOPMENT AUTHORITY AGENDA
Monday, April 9, 2018 – 4:00 p.m.
Reports included with this agenda can be found in the Document Center at www.cityofpriorlake.com;
please follow this file path: City of Prior Lake\Economic Development Authority\2018\April 9, 2018
1. CALL TO ORDER
2. APPROVAL OF AGENDA
3. APPROVAL OF MEETING MINUTES
A. March 12, 2018
4. CONSENT AGENDA
A.
Development Update (03/31/2018)
5. REMOVED CONSENT AGENDA ITEMS
6. PUBLIC HEARINGS
A. No Public Hearings Scheduled
7. OLD BUSINESS
A.
Joint EDA / City Council Meeting - Discussion Topics
8. NEW BUSINESS
A.
B.
C.
EDA Bylaws
BEC / Technology Village BOD Bylaws
Downtown Utilities
9. OTHER BUSINESS
A.
B.
C.
Staff Updates
(i) 2018/2019 Road Improvement Projects
(ii) MN Citizens for the Arts Speaker
Commissioner Comments
Construction Projects Business Impact Game Plan
10. ADJOURNMENT: 6:00 p.m.
Those items on the EDA Agenda which are considered routine and non-controversial are included as part of the Consent Agenda.
Unless the President or an EDA member specifically requests that an item be on the Consent Agenda be removed and considered
separately, Items on the Consent Agenda are considered under one motion, second and a roll call vote. Any item removed from the
Consent Agenda shall be placed on the EDA agenda under “Removed Consent Agenda Items”
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
Economic Development Authority Meeting Minutes March 12, 2018
1. CALL TO ORDER
PRESIDENT CHROMY called the meeting to order at 4:00 p.m. Present were Chromy, Braid, Briggs, and Bou-
cher-Hoese. Scott County CDA First Stop Shop (FSS) staff Crakes and Foust. Also present were Executive
Director Boyles, Community Development Director McCabe and Planner Schwabe. Absent was Sheehan-Kerber.
2. APPROVAL OF AGENDA
MOTION BY BRIGGS, SECONDED BY BOUCHER-HOESE, TO APPROVE THE AGENDA. Ayes by Chromy,
Braid, Briggs and Boucher-Hoese. The motion carried 4-0.
3. APPROVAL OF MEETING MINUTES
MOTION BY BRAID, SECONDED BY BRIGGS, TO APPROVE THE FEBRUARY 12, 2018 MEETING MINUTES.
Ayes by Briggs and Chromy. Braid and Boucher-Hoese abstained. The motion carried 2-0.
4. CONSENT AGENDA
A. Development Update (02/28/2018)
MOTION BY BRAID, SECONDED BY BRIGGS, TO APPROVE THE CONSENT AGENDA. Ayes by Chromy,
Braid, Briggs and Boucher-Hoese. The motion carried 4-0.
5. REMOVED CONSENT AGENDA ITEMS
None
6. PUBLIC HEARING
No Public Hearings
7. OLD BUSINESS
None
8. NEW BUSINESS
A. First Stop Shop Discussion
Stacy Crakes and Jo Foust with the Scott County CDA First Stop Shop (FSS) were in attendance. Crakes
and Foust provided a brief overview of their roles at the FSS and shared that they assist the cities and town-
ships of Scott County with rapid responses to business requests. Crakes stated that the marketing materials
they prepare are typically created for a specific community and that information on the materials can be added
or rearranged as needed.
BRAID suggested adding additional information regarding recreational amenities, including Prior Lake being
the premiere recreational lakes in the metropolitan area.
BRIGGS recommended expanding on the lake information in the parks and trails section.
BOUCHER-HOESE suggested adding information about downtown also.
2
BRIGGS stated that information on the Shakopee School District should also be included as residents in
some areas of our community attend Shakopee schools.
CRAKES stated that in her experience, FSS offers more electronic/digital marketing materials, in lieu of print.
FOUST explained the numbers and types of leads that were received in 2017, and to date in 2018, primarily
through the MNCAR system.
MCCABE requested CRAKES share the top three characteristics they see in requests.
CRAKES stated that initially inquiries are related to building size availability followed by workforce availability
and education (e.g. educated workforce and school systems).
BRAID inquired as to what the City could improve on to retain existing businesses and attract new businesses.
CRAKES shared that the City’s current practice of business retention & expansion (BR&E) visits and utilizing
Technology Village are great opportunities to continue to retain and attract businesses.
FOUST explained the BR&E program they are coordinating with the City of New Prague.
CRAKES recommended utilizing the Comprehensive Land Use Plan to identify areas for potential Light In-
dustrial and Industrial as well as maintaining that guidance.
FOUST stated that the Maxfield Research Study, which was updated in February 2017, is an available tool
for communities in Scott County.
CHROMY questioned if ‘pad ready’ sites were still consistently requested.
FOUST responded ‘yes’.
CRAKES indicated that DEED has programs available to assist with making sites ‘pad ready’.
MCCABE stated that the BEC is currently working on Community Profile updates and that the FSS will be
involved in that process.
B. 2040 Comprehensive Land Use Plan Update
MCCABE provided an overview of the proposed changes to the 2040 Comprehensive Land Use Plan includ-
ing: elimination of the land use guidance for SMSC owned parcels; planned use areas (Light Industrial/Busi-
ness Park, High Density Residential and Low Density Residential) in the area of CR 42 and CR 21; removing
Transitional Town Center designation and replacing it with a Mixed Use district; and changing from General
Hospitality to Industrial/General Business in the area of CR 21 and CR 87.
MCCABE shared the current amounts of ‘pad ready’ commercial and industrial land.
MCCABE explained that the City has been working with Spring Lake Township to update the Spring Lake
Annexation Agreement and map which will likely have a tiered model to direct development in lieu of specific
dates.
Discussion followed regarding annexation opportunities.
MOTION BY BRIGGS, SECONDED BY BOUCHER-HOESE, TO ENDORSE THE 2040 LAND USE PLAN
AS PROPOSED. Ayes by Chromy, Braid, Briggs and Boucher-Hoese. The motion carried 4-0.
3
C. Joint EDA / City Council Meeting - Discussion Topics
MCCABE stated that the joint EDA / City County meeting is scheduled for April 16, 2018. MCCABE provided
examples of potential meeting topics. Discussion followed.
Members identified the following joint meeting topics:
- EDA update focusing on current EDA initiatives;
- Proactive focus in and around commercial areas during road projects;
- Streetscaping;
- Allocation of general fund reserves for economic development projects.
MCCABE stated a draft EDA / City Council meeting agenda will be brought back to the EDA on April 9, 2018.
9. OTHER BUSINESS A. Staff Updates
None
B. Commissioner Comments
None
C. Construction Projects Business Impact Game Plan
MCCABE reminded Members that this item has been requested to be placed on each agenda.
BRIGGS stated that the Prior Lake “Welcome Shed” success during the Super Bowl was evidenced by the
SMSC’s recent invitation to have the shed at an additional 8 events in 2018, along with the purchase of
additional gift cards for Prior Lake area businesses. He shared that the Chamber’s winter event will occur
again in 2018.
BRIGGS suggested Staff be proactive with the Downtown Farmer’s Market scheduling for 2018 and 2019.
BOYLES stated that staff has been in discussion with representatives of the Downtown Farmer’s Market
although an agreement has not been finalized to date.
10. ADJOURNMENT
MOTION BY BRIGGS, SECONDED BY BOUCHER-HOUSE, TO ADJOURN THE MEETING. With all in favor,
the meeting adjourned at 6:00 p.m.
___________________________
Frank Boyles, Executive Director
4646 Dakota Street SE
Prior Lake, MN 55372
ECONOMIC DEVELOPMENT AUTHORITY AGENDA REPORT
MEETING DATE: April 9, 2018
AGENDA #: 4A
PREPARED BY: Casey McCabe, Community Development Director
AGENDA ITEM:
DEVELOPMENT UPDATE
DISCUSSION:
Introduction
The purpose of this consent agenda item is to review the residential and com-
mercial development update as of March 31, 2018.
History
EDA Commissioners requested an update of residential and commercial activity
at each meeting.
Conclusion
The attached memorandum provides a summary of residential and commercial
development in the City of Prior Lake.
ALTERNATIVES:
RECOMMENDED
MOTION
ATTACHMENT:
1. Motion and a second, under the consent agenda, to accept the development
update.
2. Remove this item from the consent agenda for additional discussion.
Alternative No. 1.
1. March 2018 Development Update
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
Memo
Date: April 3, 2018
To: City of Prior Lake Economic Development Authority
From: Casey McCabe, Community Development Director
Subject: Residential & Commercial Activity Update
Below is an update of residential and commercial development in the City of Prior Lake as of March 31, 2018.
Number of
Permits
Declared
Value
Number of
Permits
Declared
Value
Number of Permits
% Increase / (% Decrease)
Declared Value
% Increase / (% Decrease)
Single Family Dwellings 20 $9,215,000.00 10 $3,928,000.00 100.00 134.60
Townhouses (# units)12 $2,048,000.00 0 $0.00 1200.00 ###
Multiple Units 0 $0.00 0 $0.00 n/a n/a
New
Commercial Industrial & Commercial 0 $0.00 0 $0.00 n/a n/a
Residential 96 $1,494,500.00 121 $994,157.00 (20.66)50.33
Industrial & Commercial 8 $1,017,900.00 0 $0.00 800.00 ###
Mechanical 125 $0.00 141 $0.00 (11.35)n/a
Mechanical (SF & TH)128 $0.00 40 $0.00 220.00 n/a
TOTALS 357 $13,775,400.00 312 $4,922,157.00 14.42 179.87
t Mechanical permits include but are not limited to furnaces, water heaters, softeners, and fireplaces. They are flat-rate permit fees.
Increase / (Decrease)2018 Year to Date 2017 Year to Date
New
Residential
Additions
and
Alterations
tt Mechanical (SF & TH) permits include required plumbing, heating, sewer and water and fireplace permits for new single family residences They are flat-rate permit fees
4646 Dakota Street SE
Prior Lake, MN 55372
ECONOMIC DEVELOPMENT AUTHORITY AGENDA REPORT
MEETING DATE: April 9, 2018
AGENDA #: 7A
PREPARED BY: Casey McCabe, Community Development Director
AGENDA ITEM: JOINT EDA / CITY COUNCIL MEETING – DISCUSSION TOPICS
DISCUSSION: Introduction
The City Council has invited the EDA to participate in a joint work session on Mon-
day, April 16, 2018. The purpose of this agenda item is to discuss and finalize the
agenda topics for the joint meeting between the EDA and City Council.
History
As one of their goals for 2018, the EDA elected to promote partnerships and col-
laboration through annual meetings with many committees and groups, including
the City Council.
The EDA discussed potential work session discussion topics during their March
12th meeting and elected to continue the discussion and finalize agenda topics at
the April 9th meeting.
Current Circumstances
Staff has prepared a draft agenda (attached) based on the EDA direction received
on March 12th. EDA members should review the proposed agenda topics and
provide direction to staff if any revisions are necessary.
In anticipation of the joint meeting, staff has prepared a 2017 EDA Annual Report
for EDA member review and comment. The report summarizes 2017 EDA activi-
ties and provides a few economic development related metrics. If the EDA wishes,
the report can be provided to the City Council prior to the April 16th work session.
Issues
The EDA will need to finalize the agenda topics at the April 9th meeting so staff
can provide the agenda to the City Council members.
FINANCIAL
IMPACT:
Planning and strategic investment of time, effort and money will be required for
the city to become what the City Council and EDA desire. These joint discussions
between the EDA and City Council help to define and refine the plan so everyone
is acting in harmony with one another to maximize resources.
2
ALTERNATIVES: 1. Motion and second to approve the agenda topics for the joint City Council /
EDA work session as proposed or as may be modified by the EDA.
2. Motion and second to approve the 2017 EDA Annual Report, as proposed or
as modified by the EDA, and direct staff to provide the report to the City Council
prior to the April 16, 2018 joint work session.
3. Provide direction to staff related to the 2017 EDA Annual Report and direct
staff to provide the report to the City Council at a later date.
RECOMMENDED
MOTION:
ATTACHMENT:
Alternatives No. 1 and 2.
1. Joint City Council / EDA Work Session Agenda
2. 2017 EDA Annual Report
Joint EDA / CC Work Session Agenda
April 16, 2018
5:00 PM
Parkview Conference Room
Prior Lake City Hall
1. EDA Update
a. 2017 EDA Annual Report - Recent EDA Activity
b. Road Construction Area Initiatives
i. Proactive focus in and around commercial areas before, during and after
upcoming construction activities
ii. Downtown Streetscaping / Beautification
2. Annual EDA General Fund Reserve Allocation
a. Sustainable EDA Funding Source for Economic Development Initiatives
i. Property Acquisition
ii. Storefront Rehabilitation
iii. Economic (Re)Development Loans/Incentives
iv. New Business Attraction
1. Website Enhancements
2. Community Profile / Marketing Efforts
3. Construction Projects Game Plan
a. How to encourage customer traffic during construction activities?
1 | P a g e
PRIOR LAKE ECONOMIC DEVELOPMENT AUTHORITY (EDA)
2017 ANNUAL REPORT
EDA Commissioners:
David Chromy (President)
Zach Braid (Vice-President)
Annie Sheehan-Kerber
Marie Boucher-Hoese
Kirt Briggs
EDA Staff:
Frank Boyles, Executive Director
Casey McCabe
Amanda Schwabe
Cathy Erickson, Treasurer
EDA Purpose: (Bylaws)
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;
diversifying the City’s tax base; providing tools and incentives to achieve the Economic and Community
Development Vision Element in the City‘s 2040 Vision and Strategic Plan; and providing an incubator
to generate ideas and initiatives to support economic growth and vitality.
EDA Meetings:
➢ Regular meetings held on the third Monday of each month during 2017.
➢ Ten meetings and one work session were held in 2017
EDA 2017 Budget:
Budgeted Expenditures Budgeted Revenues
$125,041 Personnel Services $140,000 EDA Levy
$26,284 Operational Expenses $2,500 Interest Earnings
$9,500 Technology Village $8,500 Technology Village Leases
$160,825 Budgeted Expenditures $9,825 EDA Reserves
$160,825 Budgeted Revenue
Actual Expenditures Actual Revenues
$94,231.41 Personnel Services $139,357.85 EDA Levy
$2,930.06 Operational Expenses $1,523.12 Interest Earnings
$1,335.61 Technology Village $8,292.53 Technology Village Leases
$98,497.08 Actual Expenditures $0.00 EDA Reserves
$149,173.50 Actual Revenue
2 | P a g e
Summary of 2017 EDA Action:
➢ Review of EDA Bylaws and Enabling Resolution
➢ Election of Officers
➢ Considered SAC Fee Deferral Subordination Request
➢ Updated Technology Village Lease Agreement Between the EDA and City of Prior Lake
➢ Monitored EDA Revenues & Expenditures
➢ Proposed EDA 2018 Budget & EDA Tax Levy
➢ Conducted a Joint Meeting with the City Council
➢ Conducted a Joint Meeting with the Planning Commission
➢ Conducted a Joint Meeting with the Business Engagement Committee
➢ Considered a Tax Abatement Inquiry
➢ Supported the Technology Village BOD with the FAST-TRACK Business Challenge
➢ Review and Approval of the Technology Village Phase II.4 Business Plan
➢ Review and Comment on Land Use and Housing Chapters of the Comprehensive Plan Update
➢ Met with Representatives of Jeffers Pond PUD to Explore Development Opportunities
➢ Provided Recommendations Related to C-3, Business Park Exterior Building Material Ordinance
Amendments
➢ Discussed Strategic Property Acquisition Process and Opportunities
➢ Discussed Downtown (Re)Development & Related Improvements
➢ Participated in the CH21 Corridor Study and Review of Proposed Alternatives
➢ Participated with the BEC in the Talk of the Town Event
➢ Considered 2018 Scott County CDA EDI Grant Opportunity
➢ Identified EDA 2017 Accomplishments & 2018 Goals
➢ Approved Advisory Committee 2017 Accomplishments & 2018 Goals
➢ Interviewed and Appointed Members to Advisory Committees
➢ Business Climate and Economic Vitality Discussions Related to Future Street Construction Projects
3 | P a g e
Summary of Development Activity:
Commercial/Industrial Building Permit Value (from City Reports):
4 | P a g e
Commercial/Industrial Market Value (from Scott County Assessor):
• 2011 = $128.9 million (4.9% of total)
• 2012 = $126.3 million (5.0% of total)
• 2013 = $127.0 million (4.9% of total)
• 2014 = $134.9 million (4.1% of total)
• 2015 = $136.3 million (3.9% of total)
• 2016 = $139.0 million (3.8% of total)
• 2017 = $138.6 million (3.5% of total)
• 2018 = $148.3 million (3.5% of total)
5 | P a g e
Prior Lake Employment Levels (from DEED, 3rd Quarter QCEW [Quarterly Census of Employment and
Wages] Reports):
• 2011 = 7,642 (Leisure & Hospitality = 3,730 or 48.8%)
• 2012 = 7,807 (Leisure & Hospitality = 3,733 or 47.8%)
• 2013 = 7,965 (Leisure & Hospitality = 3,730 or 46.8%)
• 2014 = 8,093 (Leisure & Hospitality = 3,699 or 45.7%)
• 2015 = 8,020 (Leisure & Hospitality = 3,523 or 43.9%)
• 2016 = 8,051 (Leisure & Hospitality = 3,420 or 42.5%)
• 2017 = 8,151 (Leisure & Hospitality = 3,470 or 42.6%)
Prior Lake Business Establishments (from DEED, 3rd Quarter QCEW Reports):
• 2011 = 555
• 2012 = 529
• 2013 = 535
• 2014 = 513
• 2015 = 503
• 2016 = 514
• 2017 = 533
Prior Lake Average Weekly Wages (from DEED, 3rd Quarter QCEW Reports):
• 2011 = $703
• 2012 = $708
• 2013 = $735
• 2014 = $743
• 2015 = $765
• 2016 = $836
• 2017 = $806
6 | P a g e
2017 Commercial/Industrial Activity:
*This list was compiled based on a review of 2017 signage and commercial building permits and other sources. This may
not be a complete list of all commercial/industrial acquisition, new business and relocation activity.
Name Address Type
(New/Relocation/Expansion)
Previous
Tenant/Owner
gg Boutique 16180 Hastings Ave. SE Relocated Business Giggle Gals
The Magnolia Shop 4773 Dakota St. SE New Business gg Boutique
Trademark Title Services 16268 Eagle Creek Ave. SE New Business ReMax
Olive Moon 4775 Dakota St. SE Relocated Business Finder's Fee
Whitmer Crafts 4646 Colorado St. SE New Business Vacant Lease Space
Canvas Tattoo 6880 Boudin St. NE Relocated Business Verizon
Edward Jones - Scott Pierce 16154 Main Ave. SE, Suite 110B Relocated Business Wensmann Office - Lakefront Plaza
Edward Jones - Christy McCoy 4719 Park Nicollet Ave. Suite 260 New Business/Tenant Build-Out Vacant Lease Space
Luxury Laser Edu 14070 Commerce Ave. NE Ste. 200 New Business Kids Talk Childrens Therapy
Boathouse Brothers Brewing 16211 Main Ave. SE New Business/Major Remodel Memories on Main
Sweet Nautical 16228 Main Ave. SE, Ste 101 New Business Lakes Area Realty
Blahnik Law Office 4617 Colorado St. SE Relocated Business/Major Addition Former SF Residential
Fountain Hills Self-Storage 4400 Fountain Hills Dr. NE New Construction Vacant Land
Prior Lake Revival SW corner of Duluth Ave/CH21 New Construction Vacant Land
SDDI Sign Systems 5702 Graystone Ct. SE New Construction Vacant Land
Advantage Chiropractic 16197 Main Ave. SE New Business Prior Lake Spine
Port City Bakery 5832 Industrial Lane SE New Business/Major Addition Triple Play (Building Add'n)
Universal Motors 16720 Welcome Ave. SE New Construction Universal Motors (2nd Bldg.)
Home Time Real Estate 16154 Main Ave. SE, Suite 110C Relocated Business/Tenant Build-Out Wensmann Office (Lakefront Plaza)
HockeyStop 16731 State Hwy. 13 New Business Laundromat
Bongo's Closet 15981 Jordan Ave. Suite 2 New Business Vacant
Pure Joy Pilates 16186 Main Ave. SE New Business Vacant
Kumon Math & Reading Center 14180 Commerce Ave NE, Suite 104 New Business Indigital
4646 Dakota Street SE
Prior Lake, MN 55372
ECONOMIC DEVELOPMENT AUTHORITY AGENDA REPORT
MEETING DATE: April 9, 2018
AGENDA #: 8A
PREPARED BY: Casey McCabe, Community Development Director
AGENDA ITEM: EDA BYLAWS
DISCUSSION: Introduction
The purpose of this agenda item is to receive and review the updated EDA Bylaws.
History
The City Council established a Bylaws and Compensation Task Force to periodi-
cally recommend revisions in City Council compensation and various City commit-
tee related bylaws.
Current Circumstances
Two City Council members (McGuire and Thompson) serve on the Bylaws and
Compensation Task Force. They reviewed the bylaws with the City Attorney, As-
sistant City Manager and City Manager and recommended revisions to multiple
committee bylaws; including the Citizen Engagement Committee, Community
Safety Advisory Committee, Planning Commission, Traffic Safety Advisory Com-
mittee and Economic Development Authority. The City Council approved the rec-
ommended bylaw revisions for these committees at their March 19th meeting.
The City Council did not approve bylaw updates for the Business Engagement
Committee or the Technology Village Board of Directors as those committees are
under the purview of the EDA. The EDA will act on the BEC and Technology
Village BOD bylaws during the following agenda item.
Issues
The primary purpose of the revisions to the EDA Bylaws are to simplify the docu-
ment by removing unnecessary language and to make the document more user
friendly for city and public use.
FINANCIAL
IMPACT:
None.
ALTERNATIVES: This report is provided for EDA member information only. No action is required as
the City Council has already approved the EDA Bylaws.
ATTACHMENTS:
1. EDA Bylaws (Redlined)
2. EDA Bylaws (Clean)
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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
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ARTICLE 12. SEAL
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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 19, 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 EDA. The staff
liaison shall schedule meetings and provide information at the direction of the EDA. The staff liaison may
provide information on the staffs’ position at the request of the EDA but shall not direct the EDA 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. 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 comments
or work, or state that the staff will present the necessary details and comments at the meeting.
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.
4.6.7 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 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, the EDA addresses the subject matter through deliber-
ation. 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.
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
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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 COMMITTEE LIAISON. The EDA shall elect a Business Engagement
Committee (“BEC”) liaison at the first meeting of the year. Any of the five (5) commissioners may serve
as the BEC liaison.
ARTICLE 6. FINANCE AND ADMINISTRATION
6.1 EDA money is public money. The monies of the EDA shall be deposited in the name of the EDA in
such bank or banks as the Board of Commissioners shall designate.
6.1.1 The EDA is a political subdivision separate and distinct from the City.
6.1.2 The City has established separate funds for EDA money and the EDA will have access only
to current EDA-related accounts.
6.1.3 The EDA has its own budget and the EDA will be responsible for developing its budget.
6.1.4 Although the EDA has the power to issue debt instruments, it may not do so without ap-
proval from the City Council.
6.2 An EDA check must be signed by the treasurer and one other officer named by the EDA in a
resolution. The check must state the name of the payee and the nature of the claim that the check is issued
for. (Minn. Stat. 469.096)
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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 assignments
of collateral from its depository to secure deposits just as assignments of collateral are permitted by law to
secure deposits of the City. (Minn. Stat. 469.099)
ARTICLE 8. ANNUAL REPORT AND BUDGET
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
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.
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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 Industrial
Bond Act, Minn. Stat. 469.152 to 469.165.
9.5 The EDA may exercise all of the powers of a city contained in the Housing Finance Act, provided
authorized to do so by ordinance of the City Council pursuant to Section 462C.02, Subdivision 6 of the
Housing Financing Act.
9.6 The EDA may exercise all of the powers of an authority contained in the Tax Increment Act, Minn.
Stat. 469.174 to 469.179.
9.7 The EDA may exercise such powers as may be contained in other laws applicable to economic
development authorities or housing and redevelopment authorities not specifically described herein.
The officers have the usual duties and powers of their offices. They may be given other duties and powers
by the EDA.
9.8 The EDA may appoint subcommittees as it deems necessary to carry out its other powers and
duties. All subcommittees shall comply with the Minnesota Open Meeting Law.
ARTICLE 10. LIMITATION OF POWERS
10.1 All official actions of the EDA must be consistent with the adopted Comprehensive Plan of the City
and with any official controls adopted by the City Council to implement the Comprehensive Plan to the
extent available.
10.2 Budget. The EDA annual budget shall be approved by the City Council.
10.3 All powers of the EDA shall be consistent with the Enabling Resolution.
10.4 If there is a question with respect to EDA final authority, the City Council shall be deemed to be the
final authority.
ARTICLE 11. STAFF
11.1 The City Manager shall serve as the Executive Director to the EDA. The Executive Director and
other staff are not considered members of the EDA. The Executive Director and other staff may participate
in discussion, at the discretion of the EDA commissioners, but may not vote on matters before the EDA.
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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
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.
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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.
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:
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(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
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.
4646 Dakota Street SE
Prior Lake, MN 55372
ECONOMIC DEVELOPMENT AUTHORITY AGENDA REPORT
MEETING DATE: April 9, 2018
AGENDA #: 8B
PREPARED BY: Casey McCabe, Community Development Director
AGENDA ITEM: BEC / TECHNOLOGY VILLAGE BOD BYLAWS
DISCUSSION: Introduction
The purpose of this agenda item is for EDA review and approval of updates to the
Business Engagement Committee (BEC) and Technology Village Board of Direc-
tor Bylaws.
History
The City Council established a Bylaws and Compensation Task Force to periodi-
cally recommend revisions in City Council compensation and various City commit-
tee related bylaws.
Current Circumstances
Two City Council members (McGuire and Thompson) serve on the Bylaws and
Compensation Task Force. They reviewed the bylaws with the City Attorney, As-
sistant City Manager and City Manager and recommended revisions to multiple
committee bylaws; including the Citizen Engagement Committee, Community
Safety Advisory Committee, Planning Commission, Traffic Safety Advisory Com-
mittee and Economic Development Authority. The City Council approved the rec-
ommended bylaw revisions for these committees at their March 19th meeting.
The City Council did not approve bylaw revisions for the Business Engagement
Committee or the Technology Village Board of Directors as those committees are
under the purview of the EDA.
Issues
The primary purpose of the revisions to the BEC and Technology Village BOD
Bylaws are to simplify the documents by removing unnecessary language and to
make the document more user friendly for city and public use. It was concluded
that over the years the documents became more detailed than they need to be.
The bylaws also have been amended to allow for the addition of youth represent-
atives.
FINANCIAL
IMPACT:
None.
ALTERNATIVES:
1. Motion and second to approve the proposed revisions to the Technology Vil-
lage Board of Director Bylaws.
2. Motion and second to approve the proposed revisions to the Business En-
gagement Committee Bylaws.
3. Provide direction to staff and Continue discussion at a future meeting.
2
RECOMMENDED
ALTERNATIVE:
Alternatives No. 1 and 2.
ATTACHMENTS:
1. Technology Village BOD Bylaws (Redlined)
2. Technology Village BOD Bylaws (Clean)
3. BEC Bylaws (Redlined)
4. BEC Bylaws (Clean)
CITY OF PRIOR LAKE
TECHNOLOGY VILLAGE BYLAWS
Amended October 29, 2012
Amended January 20, 2015
Amended January 11, 2016
Amended February 08, 2016
Amended XXX XX, 2018
SECTION 100: PURPOSE
101. The purpose of the City of Prior Lake Technology Village (the Committee) Bylaws is to provide
a set of operating procedures for the Technology Village Board of Directors, and to establish a
code of ethics and conduct.
102: The Bylaws shall be reviewed annually by the Committee, and any changes or amendments
agreed to by a majority vote of the Committee shall be recommended to the Economic
Development Authority (EDA) for adoption at its annual meeting. The Bylaws shall be reviewed
annually by the Technology Village Board of Directors. Changes or amendments to the Bylaws
agreed to by a majority vote of the Directors at any time may be recommended to the City
Economic Development Authority (“EDA”) for final approval.
SECTION 200: STRUCTURE OF COMMITTEE
201. COMMITTEE CREATED: The Board shall act in an advisory capacity to the EDA and shall
advise on matters related to Technology Village as identified herein, or as assigned to the Board
by the EDA. The Committee is advisory and its purpose is to study and provide reports, analysis
and recommendations to the Economic Development Authority and City staff on matters as
assigned.
The EDA will appoint a minimum of five (5) and a maximum of nine (9) members to the Technology
Village Board of Directors based on recommendations received from the Technology Village
subcommittee and the EDA. The Technology Village Board of Directors shall include a minimum
of one (1) member of the EDA.
The Technology Village Board of Director members initially shall be appointed for staggered
terms of one, two and three years beginning on November 1 and ending on October 31; and
thereafter upon expiration of the initial term for three (3) year terms. The EDA member(s)
appointed to the Board shall serve terms that coincide with their EDA term of office.
The members of the Technology Village Board of Directors shall annually elect officers in
accordance with the procedures of paragraph 205 herein.
Members to the Committee shall be appointed by the Economic Development Authority.
Members shall serve three (3) year-terms beginning November 1st and ending October 31st.
The members of the Committee shall annually elect officers in accordance with the procedures
of paragraph 206 herein.
202. DUTIES OF THE BOARD: The Board shall act in an advisory capacity to the EDA and shall
advise on matters related to Technology Village as identified herein, or as assigned to the Board
by the EDA.
The duties and responsibilities of the Board include:
1. Plan and formulate policy to guide the programming and direction of the Technology
Village program;
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2. Assist in the hiring of the Executive Director position;
3. Assist in screening prospective incubator clients; and
4. Ensure the overall financial viability of the program.
5. Serve as a liaison between city government and the community;
6. In conjunction with EDA members or City staff, introduce potential or new business
representatives to others in the commercial community.
Board members should have the ability to provide network connections that will assist the
program’s Executive Director in creating links to investment and professional resources that
support the success of Technology Village clients. The Board will be instrumental in promoting
Technology Village in the community and generating awareness and understanding of the
Technology Village program.
203. APPOINTMENT: The Board shall consist of a minimum of five (5) and a maximum of nine (9)
members as determined and appointed by the EDA. Only residents of the 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 Board shall consist of a minimum
of one (1) member of the EDA and a number of residents, business owners, or other interested
parties. Non-Prior Lake residents who are affiliated with a business located within the City of
Prior Lake or are affiliated with an organization which provides assistance to Technology Village
clients may be appointed; no more than 25% of Board members shall be non-Prior Lake
residents. Board members may serve additional terms upon approval by the EDA, based upon
satisfactory attendance and participation, and in accordance with the term limit policy
established herein. Board members may be appointed at any time throughout the year. If a
Board member is appointed at any time other than the standard City appointment process in
October, the Board member shall begin service immediately upon appointment and shall serve
as if appointed in the previous October, serving two full years and a partial year. In addition to
the appointed members, the City Manager or designee, the City Finance director or designee,
and the Executive Director shall be ex-officio members of the Board and shall have the right to
participate in all discussions but not the right to vote.
204. VACANCIES: If an appointed member of the Board resigns, is terminated, reaches a term limit,
or otherwise vacates a seat of the Board, the EDA 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 EDA liaison to the Board,
the staff liaison to the Board, and one member of the Board appointed by majority vote of
the Board shall serve as the Screening Committee. An individual subject to re-appointment
may not sit on the screening committee.
3. Appointment. The Screening Committee shall interview all candidates who have applied
for appointment or reappointment and make a recommendation to the EDA. The
recommendation of the Screening Committee will be presented to the EDA. The EDA may
accept or reject the recommendation. If the recommendation is rejected, the EDA may
appoint another individual or reopen the application period and invite new candidates to
apply.
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 Economic Development Authority may
appoint a replacement in the following manner:
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1. Applications are solicited. A notice of the vacancy is made public and individuals may be
encouraged to consider the position. The notice shall state the deadline for submitting
applications.
2. Screening Committee. The City Manager or his designee, the EDA liaison to the
Committee, the staff liaison to the Committee, and one member of the Committee
appointed by 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 EDA. The
recommendation of the Screening Committee will be presented to the EDA. The EDA may
accept or reject the recommendation. If the recommendation is rejected, the EDA may
appoint another individual or reopen the application period and invite new candidates to
apply.
206. OFFICERS: The Committee shall elect from among its members a Chair and Vice-Chair. The
City Manager or his/her designee 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
Board 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
Board may consider relevant before the EDA annually or as directed otherwise. .
2. Vice-Chair: The Vice-Chair shall be appointed in the same manner as the Chair and shall
perform the duties of the Chair in his/her absence. The Vice-Chair shall assume such other
duties as assigned by the Chair.
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 on the Committee. The term limit applies only to full three
year terms. The purpose of the term limit policy is to encourage resident participation on City
advisory bodies and provide community members with the opportunity to participate in their local
government.
208: REMOVAL OF MEMBER: Any member of the Committee may be removed from office by a four-
fifths (4/5) vote of the entire EDA 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
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process to select the student members. The student members shall be full voting members of the
Committee.
205. OFFICERS: The Technology Village Board of Directors shall elect from among its members a
Chair and a Vice Chair. The City Manager or his/her designee shall serve as Secretary of the
Board and the City Finance Director or his/her designee shall serve as the Treasurer of the
Board.
1. Chair: The Chair shall be elected at the first meeting in November by majority vote of the
Board members present at the meeting. The term of the chair shall begin in November and
run for one year. The duties of the chair shall include approval of meeting agendas,
presiding at meetings, and giving an accounting of its activities and any information the
Board may consider relevant before the EDA annually or as directed otherwise.
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 Board.
4. Treasurer: The Treasurer shall receive and is responsible for all Technology Village
money; shall keep an account of the source of all receipts, and the nature, purpose and
amount of all disbursements; and shall file the Technology Village’s detailed financial
statement with its secretary at least once a year at times set by the EDA.
5. Vacancy: If the office of Chair or Vice-Chair becomes vacant, the Board 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.
206. TERM LIMIT It is the policy of the Prior Lake City Council to impose a three term service
limitation for all appointed positions to the Technology Village Board of Directors. The term limit
applies only to full three year terms. The purpose of the term limit policy is to encourage resident
participation on City advisory bodies and provide community members with the opportunity to
participate in their local government.
207: REMOVAL OF MEMBER: Any member of the Technology Village may be removed from office
by a four-fifths (4/5) vote of the entire EDA 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.
SECTION 300: STATEMENT OF ETHICS
301: POLICY STATEMENT: The Statement of Ethics is located in the EDA Bylaws Section 16. 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
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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.
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
6 of 11
personal convenience or profit.
305: CONFLICT OF INTEREST: Except as authorized in Minn. Stat. 471.88, a public officer who is
authorized to take part in any manner in making any sale, lease, or contract in official capacity
shall not voluntarily have a personal financial interest in that sale, lease, or contract or personally
benefit financially therefrom. (Minn. Stat. Section 471.87)
306 A public official or local official elected to or appointed by a metropolitan governmental unit who
in the discharge of official duties would be required to take an action or make a decision that
would substantially affect the official's financial interests or those of an associated business,
unless the effect on the official is no greater than on other members of the official's business
classification, profession or occupation, must take the following actions:
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 Board member shall orally inform the Board of the potential conflict and abstain from any
participation in that agenda item if a conflict is determined to exist.
307: The purpose behind the creation of a rule, which would disqualify public officials from
participating in proceedings in 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: MEETINGS: All regular and special meetings shall be open to the public and shall be noticed in
conformance with the Minnesota Open Meeting Law.
402: 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. At such meetings, no business shall be considered other than as
designated in the notice.
403: 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 400:
CONDUCTING MEETINGS
401: REGULAR MEETINGS: In conformance with the Minnesota Open Meeting Law all meetings of
the Board 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,
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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 Board, staff and others designated by the Board, no
later than three (3) business days prior to the next scheduled meeting and no later than
two (2) days prior to a special meeting.
2. Notice of any Public Hearing must be published as required by statute.
403: SPECIAL MEETINGS: Special Meetings of the Board may be called by the Chair or any two (2)
members of the Board 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 Board. 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 Board agenda packet. The information provided by staff should
serve to inform the Board 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 Board are the official record
of the meeting. The audio recording is intended to supplement the minutes for the purpose of
an "on the record review" in a judicial proceeding. A DVD recording may also be prepared for
the purpose of rebroadcast of the meeting on the City’s public access cable channel. The
following two requirements for "minute" preparation shall be adhered to:
1. All motions typed in capital letters.
2. List the names of the Board Members after their vote on each motion.
The official minutes shall be prepared and presented to the Board at the next regularly scheduled
meeting as part of the agenda packet. The text of the minutes shall consist of official Board
business conducted while the Board is in session. Any comments made at a meeting that are
made prior to the start of or after adjournment of the meeting, or during any recess, shall not be
made part of the minutes. The Board shall review the minutes and the presiding officer shall call
for any additions or corrections. If an addition or correction is presented, the change must be
specific as to place, paragraph, and sentence, if applicable. The official minutes shall be
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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. Board
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 Board meeting.
2. The approved minutes of the past twelve months of Board meetings shall be available on
the City Website.
3. All audio and DVD recordings will be retained in accordance with the City's data retention
schedule.
406: ROLES AT MEETING:
1. All meetings of the Board 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 Board helps to develop a more enlightened, interested and participatory citizenry.
2. Any Board member may recognize a member of the public for the purpose of asking
question(s) relating to the matter under consideration by the Board. Members of the Board
must use judgment and discretion when recognizing members of the public to answer a
question during the time they have the floor.
3. Members of the Board may also ask questions of staff in order to clarify their understanding
of the relevant information necessary to make an informed judgment. In preparation for
Board meetings, Board members may want to consider contacting the Staff Liaison, in
sufficient time prior to the meeting, to advise the question they intend to ask in order for
the Staff Liaison to attempt to bring the additional information to the Board meeting.
4. The Chair shall be the presiding officer at all meetings. If the Chair is absent, the Vice-
Chair shall preside at the meeting. If the Chair and the Vice-Chair are both absent, the
Secretary shall call the meeting to order and preside until such time the Board elects
among itself a member to preside at the meeting. The presiding officer, at all times, shall
be allowed to vote in the same manner as all other members of the Board.
5. The presiding officer has two unique powers: interpreting and applying the rules of
procedure; and recognizing speakers from the audience. That official shall have the
obligation 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 Board has the floor and they expressly recognize a member of the audience
who desires to speak on the issue under consideration.
7. The presiding officer has the responsibility to facilitate discussion by the Board. 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.
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• 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 Board, 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 Board to open all public hearings at the time indicated in the public
hearing notice, or as soon as possible thereafter. From a practical standpoint, not all
hearings can be opened at their designated time. The Board may delay the start of a
hearing until the pending business is acted upon. However under no circumstances may
a public hearing be opened prior to the time specified in the notice and published in the
official newspaper.
3. Staff and/or a consultant make a presentation or report on the subject matter of the public
hearing, which will not exceed ten (10) minutes unless approved in advance by the City
Council
4. At the conclusion of any presentation or remarks by staff and/or a consultant, the presiding
officer asks the Board members if they have questions of the staff or consultant.
5. The presiding officer requests a motion and second from a member of the Board to open
the public hearing and calls for a vote.
6. The presiding officer declares the public hearing opened, announces the time and then
proceeds to ask for citizen input, comments and questions.
• Members of the public, interested parties or their authorized representatives may
address the Board orally for up to seven (7) minutes each. This timeline will apply to
all persons addressing the committee for any reason. If the speaker intends to present
written or hard copy materials to support their presentation to the Board, they must
provide the staff, at the time of their presentation or before, seven (7) copies of the
original for distribution to Board 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
Board, such materials must be in an electronic format that is compatible with the City’s
existing equipment. An audio or video presentation may not introduce testimony from
any person other than the author. The electronic materials should be submitted to the
staff by 12:00 p.m. noon of the day of the meeting. The City will use best efforts to play
audio or 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 Board meeting. The comments and materials will be distributed to Board
members and City staff. The written comments and materials will become part of the
record, but will not be read aloud at the meeting
• If unable to attend a meeting, members of the public, interested parties or their
authorized representatives may submit testimony to the Board using a prerecorded
audio or video communication. An audio or video communication must be in an
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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 Board as part of their Board
agenda package. The audio or visual communication may be used by individual Board
members in preparation for the Board meeting, but will not be played during the
meeting. The presentation and the summary will become a part of the public record.
Generally, Board agenda packages are distributed to members of the Board three (3)
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 Board is going to deliberate and that the Board may not take
any additional public comment prior to closing the hearing and taking action. The presiding
officer will then ask one more time whether there are any other persons in attendance who
want to be heard on the matter pending.
8. The Board addresses the subject matter through deliberation. The Board may ask
questions of the staff and City Attorney. Board members should refrain from calling upon
a member of the public except for the sole purpose of asking a question that can be
answered by a “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 Board, shall select and announce
a time and date certain for the continued public hearing. No additional publication or
notice are needed if a hearing is continued to a later specified date. No public hearing
may be continued more than once without re-notice, publishing the time, date, location
and subject of the public hearing.
10. If the public hearing has been closed, rather than continued until a date certain, the Board
may take action on the subject matter.
408: QUORUM AND VOTING: At each meeting a majority of all the members appointed (e.g. three
out of five, four out of six) shall constitute a quorum for the transaction of business.
The voting options available to the Board when a vote has been initiated are: aye (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 Board is absent during a
vote, the member’s vote for the official minutes shall read as “absent”.
SECTION 500: MOTIONS AND RESOLUTIONS
501: POWERS AND DUTIES: The Committee shall act in an advisory capacity to the Prior Lake EDA and
shall advise the EDA 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 EDA. Additionally, specific powers, duties and responsibilities may be assigned to
the Committee upon approval of the EDA.
502: SUBCOMMITTEES: The Committee may divide its membership into subcommittee, as it deems
necessary to implement its goals and objectives.
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The Board may take formal action in one of two methods - motions or resolutions. All motions in any
form require a second unless otherwise stated below. All votes of the Board in any of the two
methods require a majority vote for approval unless otherwise specified below or prescribed by
statute or City code.
502: MOTIONS: A motion is a matter of parliamentary procedure. Motions are a formal method of
bringing business before the Board 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 Board can act by resolution.
Motions may be used to introduce resolutions, to amend them, and to take any other actions
concerning them. Motions may also be used for action on simple administrative acts, such as
approving the 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 Board position on items of
business that do not require or warrant an ordinance. Resolutions may be enacted on a motion,
which has been duly seconded, and received 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 Board.
SECTION 600: AMENDMENTS
601: AMENDMENTS: These bylaws shall be reviewed by the Committee annually. The Committee may
recommend revised Bylaws to the EDA for final approval.
POWERS AND DUTIES: The Board shall act in an advisory capacity to the EDA and shall advise
on EDA matters identified in Section 100 and Section 200 or as assigned to the Board by the
EDA. The Board Chair shall give an accounting of the Board’s activities with respect to its
purposes, goals and objectives to the EDA on a regular basis. Additionally, specific powers,
duties and responsibilities may be assigned to the Board upon approval of the EDA.
602: SUBCOMMITTEES: The Board may divide its membership into Subcommittees as it deems
necessary to implement its goals and objectives.
SECTION 700
AMENDMENTS
701: AMENDMENTS: These bylaws shall be reviewed by the Board annually. The Board may
recommend revised bylaws to the EDA for final approval.
CITY OF PRIOR LAKE
TECHNOLOGY VILLAGE BYLAWS
Amended October 29, 2012
Amended January 20, 2015
Amended January 11, 2016
Amended February 08, 2016
Amended April 9, 2018
SECTION 100: PURPOSE
101. The purpose of the City of Prior Lake Technology Village (the Committee) Bylaws is to provide
a set of operating procedures for the Technology Village Board of Directors, and to establish a
code of ethics and conduct.
102: The Bylaws shall be reviewed annually by the Committee, and any changes or amendments
agreed to by a majority vote of the Committee shall be recommended to the Economic
Development Authority (EDA) for adoption at its annual meeting.
SECTION 200: STRUCTURE OF COMMITTEE
201. COMMITTEE CREATED: The Board shall act in an advisory capacity to the EDA and shall
advise on matters related to Technology Village as identified herein, or as assigned to the Board
by the EDA. The Committee is advisory and its purpose is to study and provide reports, analysis
and recommendations to the Economic Development Authority and City staff on matters as
assigned.
Members to the Committee shall be appointed by the Economic Development Authority.
Members shall serve three (3) year-terms beginning November 1st and ending October 31st.
The members of the Committee shall annually elect officers in accordance with the procedures
of paragraph 206 herein.
202. DUTIES OF THE BOARD:
The duties and responsibilities of the Board include:
1. Plan and formulate policy to guide the programming and direction of the Technology
Village program;
2. Assist in the hiring of the Executive Director position;
3. Assist in screening prospective incubator clients; and
4. Ensure the overall financial viability of the program.
5. Serve as a liaison between city government and the community;
6. In conjunction with EDA members or City staff, introduce potential or new business
representatives to others in the commercial community.
Board members should have the ability to provide network connections that will assist the
program’s Executive Director in creating links to investment and professional resources that
support the success of Technology Village clients. The Board will be instrumental in promoting
Technology Village in the community and generating awareness and understanding of the
Technology Village program.
203. APPOINTMENT: The Board shall consist of a minimum of five (5) and a maximum of nine (9)
members as determined and appointed by the EDA. Only residents of the City who are at least
18 years old shall be considered for appointment. Said members shall serve three (3) year-
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terms beginning November 1st and ending October 31st. The Board shall consist of a minimum
of one (1) member of the EDA and a number of residents, business owners, or other interested
parties. Non-Prior Lake residents who are affiliated with a business located within the City of
Prior Lake or are affiliated with an organization which provides assistance to Technology Village
clients may be appointed; no more than 25% of Board members shall be non-Prior Lake
residents. Board members may serve additional terms upon approval by the EDA, based upon
satisfactory attendance and participation, and in accordance with the term limit policy
established herein. Board members may be appointed at any time throughout the year. If a
Board member is appointed at any time other than the standard City appointment process in
October, the Board member shall begin service immediately upon appointment and shall serve
as if appointed in the previous October, serving two full years and a partial year. In addition to
the appointed members, the City Manager or designee, the City Finance director or designee,
and the Executive Director shall be ex-officio members of the Board and shall have the right to
participate in all discussions but not the right to vote.
204. VACANCIES: If an appointed member of the Board resigns, is terminated, reaches a term limit,
or otherwise vacates a seat of the Board, the EDA 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 EDA liaison to the Board,
the staff liaison to the Board, and one member of the Board appointed by majority vote of
the Board shall serve as the Screening Committee. An individual subject to re-appointment
may not sit on the screening committee.
3. Appointment. The Screening Committee shall interview all candidates who have applied
for appointment or reappointment and make a recommendation to the EDA. The
recommendation of the Screening Committee will be presented to the EDA. The EDA may
accept or reject the recommendation. If the recommendation is rejected, the EDA may
appoint another individual or reopen the application period and invite new candidates to
apply.
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 Economic Development Authority may
appoint a replacement in the following manner:
1. Applications are solicited. A notice of the vacancy is made public and individuals may be
encouraged to consider the position. The notice shall state the deadline for submitting
applications.
2. Screening Committee. The City Manager or his designee, the EDA liaison to the
Committee, the staff liaison to the Committee, and one member of the Committee
appointed by 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 EDA. The
recommendation of the Screening Committee will be presented to the EDA. The EDA may
accept or reject the recommendation. If the recommendation is rejected, the EDA may
appoint another individual or reopen the application period and invite new candidates to
apply.
206. OFFICERS: The Committee shall elect from among its members a Chair and Vice-Chair. The
City Manager or his/her designee shall serve as Secretary of the Committee.
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1. Chair: The Chair shall be elected at the first meeting in November by majority vote of the
Board members present at the meeting. The term of the chair shall begin in November and
run for one year. The duties of the chair shall include approval of meeting agendas,
presiding at meetings, and giving an accounting of its activities and any information the
Board may consider relevant before the EDA annually or as directed otherwise. .
2. Vice-Chair: The Vice-Chair shall be appointed in the same manner as the Chair and shall
perform the duties of the Chair in his/her absence. The Vice-Chair shall assume such other
duties as assigned by the Chair.
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 on the Committee. The term limit applies only to full three-
year terms. The purpose of the term limit policy is to encourage resident participation on City
advisory bodies and provide community members with the opportunity to participate in their local
government.
208: REMOVAL OF MEMBER: Any member of the Committee may be removed from office by a four-
fifths (4/5) vote of the entire EDA 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: POLICY STATEMENT: The Statement of Ethics is located in the EDA Bylaws Section 16.
SECTION 400: CONDUCTING MEETINGS
401: MEETINGS: All regular and special meetings shall be open to the public and shall be noticed in
conformance with the Minnesota Open Meeting Law.
402: 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. At such meetings, no business shall be
considered other than as designated in the notice.
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403: 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: POWERS AND DUTIES: The Committee shall act in an advisory capacity to the Prior Lake
EDA and shall advise the EDA 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 EDA. Additionally, specific powers, duties and
responsibilities may be assigned to the Committee upon approval of the EDA.
502: SUBCOMMITTEES: The Committee may divide its membership into subcommittee, as it deems
necessary to implement its goals and objectives.
SECTION 600: AMENDMENTS
601: AMENDMENTS: These bylaws shall be reviewed by the Committee annually. The Committee
may recommend revised Bylaws to the EDA for final approval.
CITY OF PRIOR LAKE
ECONOMIC DEVELOPMENT ADVISORY BUSINESS ENGAGEMENT COMMITTEE BYLAWS
Adopted July 11, 2011
Amended April 9, 2012
Amended August 19, 2013
Amended January 20, 2015
Amended January 11, 2016
Amended February, 08 2016
Amended XXX, XX 2018
SECTION 100
PURPOSE
101. The purpose of the City of Prior Lake Economic Development Advisory Committee Bylaws is to
provide a set of operating procedures for the Economic Development Advisory Committee, and
to establish a code of ethics and conduct.
102: The Bylaws shall be reviewed annually by the Economic Development Advisory Committee, and
any changes or amendments agreed to by a majority vote of the Committee shall be
recommended to the City Economic Development Authority (“EDA”) for final approval.
SECTION 100: PURPOSE
101. The purpose of the City of Prior Lake Economic Development Advisory Business
Engagement Committee (the Committee) bylaws is to provide a set of operating
procedures for the Committee, and to establish a code of ethics and conduct.
102: The Bylaws shall be reviewed annually by the Committee, and any changes or
amendments agreed to by a majority vote of the Committee shall be recommended to the
Economic Development Authority (EDA) for adoption at its annual meeting.
SECTION 200: STRUCTURE OF COMMITTEE
201. COMMITTEE CREATED: The City Council has established an Economic Development
AdvisoryBusiness Engagement Committee. The Committee is advisory and its purpose is to
study and provide reports, analysis and recommendations to the Economic Development
Authority and City staff on economic development matters as assigned.
Members to the Economic Development AdvisoryBusiness Engagement Committee shall be
appointed by the Economic Development Authority. Members shall serve three (3) year-terms
beginning November 1st and ending October 31st.
The members of the Economic Development Advisory Committee shall annually elect officers
in accordance with the procedures of paragraph 206 herein.
202. DUTIES OF THE COMMITTEE: The duties and responsibilities of the Committee include:
1. Serve as a liaison between city government and the community through interaction with
business leaders and community residents.
2. As requested, review and comment on economic development and redevelopment policies
to the Economic Development Authority or City staff.
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3. Make recommendations to the Economic Development Authority or City staff regarding
economic development issues, strategy development and implementation and other
initiatives that can be undertaken by the Economic Development Authority to expand and
strengthen business retention & expansion.
4. In conjunction with Economic Development Authority members or staff, introduce potential
or new business representatives to others in the community.
203. APPOINTMENT: The Committee shall consist of no more than thirteen (13) members
appointed by the Economic Development Authority. Said members shall consist of residents
and non-residents affiliated with a business located within the City of Prior Lake as may be
determined by the Economic Development Authority. Only residents of the City who are at least 18
years old shall be considered for appointment. No more than 40% of the Committee shall be non-
residents. Said members shall serve three (3) year-terms beginning November 1st and ending October
31st. The Committee shall be representative of the citizens who live in Prior Lake. Committee members
may serve additional terms upon approval by the Prior Lake City Council, based upon satisfactory
attendance and participation, continued residence within the corporate limits of the City of Prior Lake,
and in accordance with the term limit policy established herein. Committee members may be appointed
at any time throughout the year. If a Committee member is appointed at any time other than the
standard City appointment process in October, the Committee member shall begin service immediately
upon appointment and shall serve as if appointed in the previous October, serving two full years and a
partial year.
Committee members shall serve for a term of three (3) years commencing on November 1 and
concluding on October 31. Committee members may be appointed at any time throughout the
year. If a Committee member is appointed at any time other than October, the Committee
member shall begin service immediately upon appointment and shall serve as if appointed in
the previous October, serving two full years and a partial year.
204: COMMITTEE LIAISONS: The Economic Development Authority, the Prior Lake Area Chamber
of Commerce and other organizations deemed appropriate by the EDA and EDACBEC, may
appoint Liaisons to serve on the Committee. The role of a Liaison is to act as a conduit and
resource for information for the Committee. The Liaison shall not participate in the discussion or
deliberation of any matter pending before the Committee, except where the Committee is
meeting in a study or work session. The Committee, at its discretion, may ask the Liaison for
input on the subject under consideration. The Liaison shall never use this occasion as an
opportunity to communicate their personal position regarding the matter under consideration.
205. VACANCIES: If an appointed member of the Economic Development Advisory Committee
resigns, is terminated, reaches a term limit, or otherwise vacates a seat of the Committee, the
Economic Development Authority may appoint a replacement in the following manner:
1. Applications are solicited. A notice of the vacancy is made public and individuals may be
encouraged to consider the position. The notice shall state the deadline for submitting
applications.
2. Screening Committee. The City Manager or his designee, the EDA liaison to the
Committee, the staff liaison to the Committee, and one member of the Committee
appointed by 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 EDA. The
recommendation of the Screening Committee will be presented to the EDA. The EDA may
accept or reject the recommendation. If the recommendation is rejected, the EDA may
appoint another individual or reopen the application period and invite new candidates to
apply.
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206. OFFICERS: The Economic Development Advisory Committee shall elect from among its
members a Chair and Vice-Chair. The City Manager or his/her designee 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
Board 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
Board may consider relevant before the EDA annually or as directed otherwise. .
2. Vice-Chair: The Vice-Chair shall be appointed in the same manner as the Chair and shall
perform the duties of the Chair in his/her absence. The Vice-Chair shall assume such other
duties as assigned by the Chair.
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 Economic Development
Advisory Committee shall appoint a replacement by majority vote of those members
present at the next regular meeting, and such election shall be for the unexpired term of
said office.
207. TERM LIMIT: It is the policy of the Prior Lake City Council to impose a three term service
limitation for all appointed positions on the Committee. The term limit applies only to full three
year terms. The purpose of the term limit policy is to encourage resident participation on City
advisory bodies and provide community members with the opportunity to participate in their local
government.
208: REMOVAL OF MEMBER: Any member of the Economic Development Advisory Committee may
be removed from office by a four-fifths (4/5) vote of the entire EDA 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 EDA Bylaws Section 16. 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.
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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.
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.
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305: CONFLICT OF INTEREST: Except as authorized in Minn. Stat. 471.88, a public officer who is
authorized to take part in any manner in making any sale, lease, or contract in official capacity
shall not voluntarily have a personal financial interest in that sale, lease, or contract or personally
benefit financially therefrom. (Minn. Stat. Section 471.87)
306 A public official or local official elected to or appointed by a metropolitan governmental unit who
in the discharge of official duties would be required to take an action or make a decision that
would substantially affect the official's financial interests or those of an associated business,
unless the effect on the official is no greater than on other members of the official's business
classification, profession or occupation, must take the following actions:
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 commitee 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: MEETINGS: All regular and special meetings shall be open to the public and shall be noticed in
conformance with the Minnesota Open Meeting Law.
402: 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. At such meetings, no business shall be considered other than as
designated in the notice.
403: 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”.
401: REGULAR MEETINGS: In conformance with the Minnesota Open Meeting Law all meetings of
the Committee are open to the public. Regular meetings shall be held on a minimum of a
quarterly basis during each calendar year at Prior Lake City Hall, 4646 Dakota Street SE, Prior
Lake, Minnesota. Regular meetings may be rescheduled, canceled or changed depending upon
unique circumstances and subject to the approval and consent of either the Chair or Vice-Chair.
402: NOTIFICATION: A schedule of all regular meetings shall be kept on file at the City Clerk’s Office.
Notice of all meetings shall be provided as required by the Minnesota Open Meeting Law.
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Unless extenuating circumstances exist, a copy of the notice, agenda and accompanying materials shall
be received by the Committee, EDA, staff and others designated by the EDA, 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.
Notice of any Public Hearing must be published as required by statute.
403: SPECIAL MEETINGS: Special Meetings of the Committee may be called by the Chair or any
two (2) members of the Committee for the purpose of transacting any business designated in
the notice. Staff may recommend calling a special meeting, but must receive approval from
either the chair or two members of the Committee. Notice of a special meeting shall be provided
as required by the Minnesota Open Meeting Law. At such meetings, no business shall be
considered other than as designated in the notice.
404: AGENDA AND MEETING FORMAT: Business of the meeting will be conducted according to
the Agenda prepared by the Staff Liaison. A memo, report, or brief explanation of each agenda
item shall be included in the Committee agenda packet. The information provided by staff should
serve to inform the Committee of the subject matter under discussion. The information should
explain in detail the staff comments or work, or state that the staff will present the necessary
details and comments at the meeting. The meeting agenda will be prepared according to the
following:
1. Call to Order
2. Roll Call
3. Approval of Minutes
4. Hearings
5. Old Business
6. New Business
7. Announcements / Correspondence
8. Adjournment
405: MINUTE PREPARATION. The Staff Liaison is responsible for the preparation of the minutes of
the meeting. The meeting proceedings will be audio-recorded and written minutes will be
prepared. The written minutes of the meeting as approved by the Committee are the official
record of the meeting. The audio recording is intended to supplement the minutes for the
purpose of an "on the record review" in a judicial proceeding. A DVD recording may also be
prepared for the purpose of rebroadcast of the meeting on the City’s public access cable
channel. The following two requirements for "minute" preparation shall be adhered to:
1. All motions typed in capital letters.
2. List the names of the Committee Members after their vote on each motion.
The official minutes shall be prepared and presented to the Committee at the next regularly
scheduled meeting as part of the agenda packet. The text of the minutes shall consist of official
Committee business conducted while the Committee is in session. Any comments made at a
meeting that are made prior to the start of or after adjournment of the meeting, or during any
recess, shall not be made part of the minutes. The Committee shall review the minutes and the
presiding officer shall call for any additions or corrections. If an addition or correction is
presented, the change must be specific as to place, paragraph, and sentence, if applicable. The
official minutes shall be corrected to reflect the change.
Approval of the minutes requires a motion, second and a majority vote of the members present
at the meeting unless otherwise provided by these bylaws, State Statute or City Code.
Committee members who were not present at the meeting for which the minutes are being
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approved shall abstain from voting on the action to approve the minutes.
The Staff Liaison is responsible for the maintenance and filing of the minutes.
1. The approved minutes shall be retained as a permanent record of the Committee meeting.
2. The approved minutes of the past twelve months of Committee meetings shall be available
on the City Website.
3. All audio and DVD recordings will be retained in accordance with the City's data retention
schedule.
406: ROLES AT MEETING:
1. All meetings of the Committee shall comply with the Minnesota Open Meeting law, which
requires meetings (with few exceptions) of all municipal bodies to be open to the public.
The City of Prior Lake encourages citizen attendance. Public attendance at meetings of
the Committee helps to develop a more enlightened, interested and participatory citizenry.
2. Any Committee member may recognize a member of the public for the purpose of asking
question(s) relating to the matter under consideration by the Committee. Members of the
Committee must use judgment and discretion when recognizing members of the public to
answer a question during the time they have the floor.
3. Members of the Committee may also ask questions of staff in order to clarify their
understanding of the relevant information necessary to make an informed judgment. In
preparation for Committee meetings, Committee members may want to consider
contacting the Staff Liaison, in sufficient time prior to the meeting, to advise the question
they intend to ask in order for the Staff Liaison to attempt to bring the additional information
to the Committee meeting.
4. The Chair shall be the presiding officer at all meetings. If the Chair is absent, the Vice-
Chair shall preside at the meeting. If the Chair and the Vice-Chair are both absent, the
Secretary shall call the meeting to order and preside until such time the Committee elects
among itself a member to preside at the meeting. The presiding officer, at all times, shall
be allowed to vote in the same manner as all other members of the Committee.
5. The presiding officer has two unique powers: interpreting and applying the rules of
procedure; and recognizing speakers from the audience. That official shall have the
obligation to be impartial and objective in conducting the meeting.
6. The presiding officer shall recognize all speakers from the audience, except when a
member of the Committee has the floor and they expressly recognize a member of the
audience who desires to speak on the issue under consideration.
7. The presiding officer has the responsibility to facilitate discussion by the Committee. This
may occur in a variety of ways, including:
• 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.
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• Enforce speaking procedures.
8. The presiding officer is responsible for maintaining order at the meetings. Although
meetings must be open to the public, no person who is noisy or unruly has a right to remain
in the Council Chambers. When individuals abuse their rights to be present, the presiding
officer, subject to overrule by the Committee, can order their removal from the room.
407: PUBLIC HEARING FORMAT. Public Hearings shall be conducted in the following manner:
1. The presiding officer announces the agenda item that is the subject of the public hearing.
2. It is the intent of the Committee to open all public hearings at the time indicated in the
public hearing notice, or as soon as possible thereafter. From a practical standpoint, not
all hearings can be opened at their designated time. The Committee may delay the start
of a hearing until the pending business is acted upon. However under no circumstances
may a public hearing be opened prior to the time specified in the notice and published in
the official newspaper.
3. Staff and/or a consultant make a presentation or report on the subject matter of the public
hearing, which will not exceen ten (10) minutes unless approved in advance by the City
Council.
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 for up to seven (7) minutes each. This timeline will apply
to all persons addressing the committee for any reason. 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
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author. The author of the recorded testimony must provide seven (7) copies to the City
staff at least seven (7) calendar days prior to the meeting in order to allow staff an
opportunity to view the presentation and prepare a written summary. The recorded
testimony and summary prepared by the staff will be provided to the Committee as part
of their Committee agenda package. The audio or visual communication may be used
by individual Committee members in preparation for the Committee meeting, but will
not be played during the meeting. The presentation and the summary will become a
part of the public record. Generally, Committee agenda packages are distributed to
members of the Committee three (3) days prior to the meeting.
7. After all persons have been heard, the presiding officer will ask whether there are any
other persons in attendance who want to be heard on the matter pending. The presiding
officer will explain that the Committee is going to deliberate and that the Committee may
not take any additional public comment prior to closing the hearing and taking action. The
presiding officer will then ask one more time whether there are any other persons in
attendance who want to be heard on the matter pending.
8. The Committee addresses the subject matter through deliberation. The Committee may
ask questions of the staff and City Attorney. Committee members should refrain from
calling upon a member of the public except for the sole purpose of asking a question that
can be answered by a “yes” or “no” response.
9. Once deliberations are complete, the presiding officer requests a motion. There are two
(2) possible motions, seconds and votes:
• A motion and second to close the public hearing. Once the vote is taken, the public
hearing is closed. The presiding officer announces, for the record, the time the public
hearing is closed; or
• A motion and second to continue the public hearing to a date certain. The presiding
officer, in consultation with the Staff Liaison and the Committee, shall select and
announce a time and date certain for the continued public hearing. No additional
publication or notice are needed if a hearing is continued to a later specified date. No
public hearing may be continued more than once without re-notice, publishing the time,
date, location and subject of the public hearing.
10. If the public hearing has been closed, rather than continued until a date certain, the
Committee may take action on the subject matter.
408: QUORUM AND VOTING: At each meeting a majority of all the members appointed (e.g. three
out of five, four out of six) shall constitute a quorum for the transaction of business.
The voting options available to the Committee when a vote has been initiated are: aye
(affirmative); nay (negative vote); and a qualified abstention. When a vote is to be taken, the
presiding officer shall first call for the ayes, then the nays, and if applicable, shall call for
abstentions. The votes of each member shall be recorded in the minutes. If a member of the
Committee is absent during a vote, the member’s vote for the official minutes shall read as
“absent”.
SECTION 500: MOTIONS AND RESOLUTIONS
501: POWERS AND DUTIES: The Committee shall act in an advisory capacity to the Prior Lake EDA and
shall advise the EDA 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 EDA. Additionally, specific powers, duties and responsibilities may be assigned to
the Committee upon approval of the EDA.
502: SUBCOMMITTEES: The Committee may divide its membership into subcommittee, as it deems
necessary to implement its goals and objectives.
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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 Liasion will maintain a
record of all resolutions and will be responsible for the proper numbering and execution of each
resolution adopted by the Committee.
SECTION 600
SCOPE OF POWERS AND DUTIES
SECTION 600: AMENDMENTS
601: AMENDMENTS: These bylaws shall be reviewed by the Committee annually. The Committee may
recommend revised Bylaws to the EDA for final approval.
601: POWERS AND DUTIES: The Committee shall act in an advisory capacity to the Prior Lake
Economic Development Authority and shall advise on Economic Development matters identified in
Section 100 and Section 200 or as assigned to the Committee by the EDA. The Committee Chair shall
give an accounting of the Committee’s activities with respect to its purposes, goals and objectives to
the EDA on a regular basis. Additionally, specific powers, duties and responsibilities may be assigned
to the Committee upon approval of the EDA.
602: SUBCOMMITTEES: The Committee may divide its membership into Subcommittees as it
deems necessary to implement its goals and objectives.
SECTION 700
AMENDMENTS
701: AMENDMENTS: These bylaws shall be reviewed by the Committee annually. The Committee
may recommend revised bylaws to the EDA for final approval.
CITY OF PRIOR LAKE
BUSINESS ENGAGEMENT COMMITTEE BYLAWS
Adopted July 11, 2011
Amended April 9, 2012
Amended August 19, 2013
Amended January 20, 2015
Amended January 11, 2016
Amended February 8, 2016
Amended April 9, 2018
SECTION 100: PURPOSE
101. The purpose of the City of Prior Lake Business Engagement Committee (the
Committee) bylaws is to provide a set of operating procedures for the Committee, and to
establish a code of ethics and conduct.
102: The Bylaws shall be reviewed annually by the Committee, and any changes or amendments
agreed to by a majority vote of the Committee shall be recommended to the Economic
Development Authority (EDA) for adoption at its annual meeting.
SECTION 200: STRUCTURE OF COMMITTEE
201. COMMITTEE CREATED: The City Council has established an Business Engagement
Committee. The Committee is advisory and its purpose is to study and provide reports, analysis
and recommendations to the Economic Development Authority and City staff on economic
development matters as assigned.
Members to the Business Engagement Committee shall be appointed by the Economic
Development Authority. Members shall serve three (3) year-terms beginning November 1st and
ending October 31st.
The members of the Committee shall annually elect officers in accordance with the procedures
of paragraph 206 herein.
202. DUTIES OF THE COMMITTEE: The duties and responsibilities of the Committee include:
1. Serve as a liaison between city government and the community through interaction with
business leaders and community residents.
2. As requested, review and comment on economic development and redevelopment policies
to the Economic Development Authority or City staff.
3. Make recommendations to the Economic Development Authority or City staff regarding
economic development issues, strategy development and implementation and other
initiatives that can be undertaken by the Economic Development Authority to expand and
strengthen business retention & expansion.
4. In conjunction with Economic Development Authority members or staff, introduce potential
or new business representatives to others in the community.
203. APPOINTMENT: The Committee shall consist of no more than thirteen (13) members appointed
by the Economic Development Authority. Said members shall consist of residents and non-
residents affiliated with a business located within the City of Prior Lake as may be determined
by the Economic Development Authority. Only residents of the City who are at least 18 years
old shall be considered for appointment. No more than 40% of the Committee shall be non-
residents. Said members shall serve three (3) year-terms beginning November 1st and ending
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October 31st. The Committee shall be representative of the citizens who live in Prior Lake.
Committee members may serve additional terms upon approval by the Prior Lake City Council,
based upon satisfactory attendance and participation, continued residence within the corporate
limits of the City of Prior Lake, and in accordance with the term limit policy established herein.
Committee members may be appointed at any time throughout the year. If a Committee member
is appointed at any time other than the standard City appointment process in October, the
Committee member shall begin service immediately upon appointment and shall serve as if
appointed in the previous October, serving two full years and a partial year.
204: COMMITTEE LIAISONS: The Economic Development Authority, the Prior Lake Area Chamber
of Commerce and other organizations deemed appropriate by the EDA and BEC, may appoint
Liaisons to serve on the Committee. The role of a Liaison is to act as a conduit and resource for
information for the Committee. The Liaison shall not participate in the discussion or deliberation
of any matter pending before the Committee, except where the Committee is meeting in a study
or work session. The Committee, at its discretion, may ask the Liaison for input on the subject
under consideration. The Liaison shall never use this occasion as an opportunity to
communicate their personal position regarding the matter under consideration.
205. VACANCIES: If an appointed member of the Committee resigns, is terminated, reaches a term
limit, or otherwise vacates a seat of the Committee, the Economic Development Authority may
appoint a replacement in the following manner:
1. Applications are solicited. A notice of the vacancy is made public and individuals may be
encouraged to consider the position. The notice shall state the deadline for submitting
applications.
2. Screening Committee. The City Manager or his designee, the EDA liaison to the
Committee, the staff liaison to the Committee, and one member of the Committee
appointed by 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 EDA. The
recommendation of the Screening Committee will be presented to the EDA. The EDA may
accept or reject the recommendation. If the recommendation is rejected, the EDA may
appoint another individual or reopen the application period and invite new candidates to
apply.
206. OFFICERS: The Committee shall elect from among its members a Chair and Vice-Chair. The
City Manager or his/her designee 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
Board 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
Board may consider relevant before the EDA annually or as directed otherwise. .
2. Vice-Chair: The Vice-Chair shall be appointed in the same manner as the Chair and shall
perform the duties of the Chair in his/her absence. The Vice-Chair shall assume such other
duties as assigned by the Chair.
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.
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207. TERM LIMIT: It is the policy of the Prior Lake City Council to impose a three term service
limitation for all appointed positions on the Committee. The term limit applies only to full three
year terms. The purpose of the term limit policy is to encourage resident participation on City
advisory bodies and provide community members with the opportunity to participate in their local
government.
208: REMOVAL OF MEMBER: Any member of the Economic Development Advisory Committee may
be removed from office by a four-fifths (4/5) vote of the entire EDA 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 EDA Bylaws Section 16.
SECTION 400: CONDUCTING MEETINGS
401: MEETINGS: All regular and special meetings shall be open to the public and shall be noticed in
conformance with the Minnesota Open Meeting Law.
402: 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. At such meetings, no business shall be
considered other than as designated in the notice.
403: 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: POWERS AND DUTIES: The Committee shall act in an advisory capacity to the Prior Lake
EDA and shall advise the EDA 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
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respect to its goals and objectives before the EDA. Additionally, specific powers, duties and
responsibilities may be assigned to the Committee upon approval of the EDA.
502: SUBCOMMITTEES: The Committee may divide its membership into subcommittee, as it deems
necessary to implement its goals and objectives.
SECTION 600: AMENDMENTS
601: AMENDMENTS: These bylaws shall be reviewed by the Committee annually. The Committee
may recommend revised Bylaws to the EDA for final approval.
4646 Dakota Street SE
Prior Lake, MN 55372
ECONOMIC DEVELOPMENT AUTHORITY AGENDA REPORT
MEETING DATE: April 9, 2018
AGENDA #: 8C
PREPARED BY: Casey McCabe, Community Development Director
AGENDA ITEM: DOWNTOWN UTILITIES
DISCUSSION: Introduction
The purpose of this agenda item is to consider a request from staff to authorize expenditures from
the EDA’s 2018 Professional Services Fund.
History
In the fall of 2017, the EDA developed a proposal to assist with redevelopment costs associated
with the PLate on Main project. The City Council approved a Business Subsidy Agreement, which
was recommended by the EDA, and included funding from the TIF 1-1 fund and EDA reserves to
assist with demolition, soil corrections, storefront façade upgrades, sidewalk and curb replacement
and street lighting. The total amount of funding approved was an amount not to exceed. $116,800.
Current Circumstances
While developing plans for the restaurant, the property owners identified a need to address the
current power supply, not only to provide adequate power to PLate on Main, but to clean up the
unsightly power lines in this area (existing conditions photo attached).
The property owners worked with city staff and Xcel Energy to develop a plan to provide power to
PLate while also cleaning up this area of south Main Avenue. The concept plan prepared by Xcel
Energy (attached) would remove the existing power pole behind Dingman’s Auto Body and set a
new pole near the three-phase transformer behind Fong’s Restaurant. The new pole would serve
Ace Hardware, Extra Innings and Dingman Auto Body with new overhead power lines. The line
would be buried from the transformer to PLate within a new utility easement that is being requested
from Fong’s. From there, the power would be provided to a new three-phase transformer that
would serve PLate and would continue under Pleasant Street where it would run up the existing
pole near Stems & Vines and continue overhead from that point. The proposed plan also provides
power for two new street lights which will be installed on the north and south side of Pleasant
Street.
Conclusion
PLate on Main will be responsible for the costs to install and upgrade the power that is required
for their use of the property. The City has been asked to pay the costs to clean up the existing
overhead power lines in this area and the cost related to burying the lines from the PLate trans-
former to serve the new street lights and the south side of Pleasant St. The city portion of costs
is preliminarily estimated by Xcel Energy at $14,000.
Staff is recommending the EDA authorize expenditures from the EDA Professional Services Fund
in an amount not to exceed $15,000 to assist with the costs of power line burial along the mid-
block area of South Main Avenue.
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ISSUES: Additional work will need to be done to finalize concept plan and install utilities, including working
with the neighboring property owners to obtain a utility easement.
FINANCIAL IMPACT:
The EDA Professional Services budget for 2018 is $22,824. There have been no expenses from
this fund to date in 2018.
The business subsidy agreement with PLate on Main anticipated additional decorative lighting for
sidewalks and street parking at the corner of Main Avenue and Pleasant Street and along the
parking on the south side of Pleasant Street. The city contribution for this work was estimated at
$18,000; it is possible the cost for this work will be less than anticipated. If the street lighting can
be accomplished for less than $18,000, those remaining funds will be utilized for the power line
work before the EDA Professional Services funds are used.
ALTERNATIVES: 1. Motion and a second to allocate an amount not to exceed $15,000 from the 2018 EDA Pro-
fessional Services Budget to assist with the installation of power lines in the South Main Ave-
nue area.
2. Motion and a second to deny the request to allocate EDA Professional Services Funds for the
power line installation.
3. Provide direction to staff and continue discussion at a future meeting.
RECOMMENDED
MOTION:
ATTACHMENTS:
Alternative # 1
1. Current Overhead Power Line Photo
2. Power Line Concept Plan
CONCEPT
2018 / 2019
ROAD IMPROVEMENT PROJECTS
APRIL 9, 2018
ECONOMIC DEVELOPMENT AUTHORITY
Road Improvement Projects
Road Improvement Projects
CSAH 42 Project
Road Improvement Projects
Road Improvement Projects
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Road Improvement Projects
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2020
Road Improvement Projects
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