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HomeMy WebLinkAboutFebruary 24, 1997 PRIOR LAKE ECONOMIC DEVELOPMENT AUTHORITY MEETING Monday, February 24, 1997: 5:00 p.m. I. Call to Order II. Pledge of Allegiance III. Election of Officers IV. Approval of Minutes A. January 21, 1997 V. Consent Agenda A. None VI. Presentations A. VII.Public Hearings A. None VIII.Old Business A. Overview of Comprehensive Plan, Zoning and Subdivision Ordinance - Don Rye. B. Review Conflict of Interest Statutes and City Council Code of Ethics - Suesan Lea Pace C. EDA Questions from Last Meeting Budget Indemnification /Insurance Issues IX. New Business A. Consider Authorization to Design and Install Entry Monuments m Waterfront Passage Business Park. B. Action Steps X. Other Business XI. Announcements or Correspondence. XII.Adjournment, 7:00 p.m.. 1:\EDA\12197.DOC 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER MINUTES OF THE ECONOMIC DEVELOPMENT AUTHORITY WORKSHOP Tuesday, January 21, 1997, 4:00 p.m. I. CALL TO ORDER: City Manager Boyles opened the meeting. Present were: City Manager Boyles, City Attorney Pace, Planning Director Rye, Planning Coordinator Kansier, Planner Tovar, Secretary Oden, Advance Resources for Development Consultant Roger Guenette, Commissioners Schmidt, Campagnoli, Barsness, Schenck, and Kedrowski. II. PLEDGE OF ALLEGIANCE: The EDA Commissioners discussed expectations directly after the Call to Order. City Manager Boyles asked the members of the EDA for their basic expectations, and recorded them on the easel. The members listed these items: Respect Different Opinions, Honesty, No Such Thing As Dumb Questions, Consensus Building, Timeliness and Efficiency, Agree to Disagree on Some Issues, Mission is Important, and Participation. Members of the EDA discussed their expectations: . Commissioner Kedrowski said that consensus building is important to him. Disagreement is acceptable. . Consultant Guenette said that development was not an absolute, and there was not just one correct way to undertake or promote development. He said if the EDA is polarized because it is not unanimous, that would hurt the group. . Commissioner Kedrowski said that with strengths through differences, there is more than one way to approach a problem. . Commissioner Schmidt said it is important to be guided by a mission or vision, of where the tasks were leading. . Commissioner Schmidt said maybe we should brainstorm about what is the City going to look like in twenty years. We should have a vision for the future and not be guided by the past. . Commissioner Kedrowski said we each have a perception, and we do need to understand where everyone is coming from. . City Attorney Pace said this is an evolving process, and needs to be flexiblelfluid. C\,vlSOr'FICE\ WrNWORD\EDMNl1l.DOC 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER . Commissioner Kedrowski said that as a board member, participation is expected, and they should not have to coerce or coax people into participation. City Manager Boyles asked Commissioners about their expectations, what the Commissioners perceive, what they will give/ get from the EDA. . Commissioner Barsness said move forward, analyze data, make decisions. . City Manager Boyles clarified EDA would keep going, and asked what decisions would lead to? . Commissioner Barsness said commercial development of all kinds. . City Attorney Pace asked what data would be analyzed? . Commissioner Barsness said issues, requests, determine what data is needed to make a decision, get the data, make decisions. He felt that EDA was in position to make judgments and recommendations now. . Commissioner Schmidt said she felt they had two responsibilities, one is case-by case about projects, and one is vision. She said she is a marketer and wants to know who is key public with business community and residents, and how to go out and talk to them, get focus groups, to find out what services City should have, etc. EDA should "discover stakeholders wants". . Commissioner Kedrowski said his expectation was demand by citizens to diversify tax base. The property taxes are so high, new commercial development is needed and they need to be facilitators. With office park, now there is an opportunity to expand with private investment, and EDA needs to facilitate that and redevelopment in downtown area. He said they need to go forward and make things happen. This is a good start. . Commissioner Campagnoli said that marketers use words to create pictures. She wants to align reality with spoken message. She said it is said that this is a wonderful community, but does the community believe it? She said reality will change, and if we did not believe Prior Lake could be a better place, we should all go home. . City Attorney Pace said it will change itself, or EDA can guide it. . Commissioner Schenck said he would like to help create an atmosphere that is attractive to business environment, attracting and maintaining, and supporting business needs. C:\\ISOFFICE\ WrNWORD\EDMN lll.DOC 2 . Commissioner Schmidt said they won't deliver mail to door of businesses in office park, and that is a business service that should be offered. . Commissioner Kedrowski said that there is a casino that generates so much traffic, and Prior Lake should capitalize on that. He said he is not supporting the toll booth, but City should take advantage of existing resources. . Commissioner Campagnoli said that she has heard commercial/business development is the focus. The corridor in Shakopee is an entertainment corridor. Why would people come from the Casino to Prior Lake? . Commissioner Schenck said the ideal person lives and works in Prior Lake. He said that the City does not have the right housing to support the kinds of businesses they desire. . City Manager Boyles said he liked the strategic nudge, because the authority can't control what is going on. . Commissioner Schmidt said that Prior Lake schools have given an impression by not closing on Martin Luther King Day. . Commissioner Campagnoli said that Prior Lake has the image of a place where white people live on the lake before they can afford Lake Minnetonka. . Consultant said that when particular projects were looked at, it was with objectives of businesses and also objectives of developers. Decisions were what is fair and what makes economic sense both from our own business perspective and perspective of developer. He said if developers do not perceive profit, they would not do the deal. . City Manager Boyles said that these expectations should be developed by the Authority into a mission statement. III. ELECTION OF OFFICERS MOTION BY SCHENCK SECOND BY KEDROWSKI TO NOMINATE COMMISSIONER BARSNESS AS PRESIDENT OF THE EDA. . Commissioner Barsness said that he was not seeking that, but he was happy to do it. Upon a vote, ayes by Schenck, Kedrowski, Barsness, Schmidt, and Campagnoli, the motion carried. C:\MSOFFlCE\ wrNWORD\EDMN 111.DOC 3 MOTION BY KEDROWSKI SECOND BY SCHENCK TO NOMINATE COMMISSIONER CAMPAGNOLI AS VICE PRESIDENT OF THE EDA. Upon a vote, ayes by Kedrowski, Schenck, Barsness, Campagnoli, Schmidt, the motion carried. MOTION BY KEDROWSKI, SECOND BY SCHENCK TO NOMINATE COMMISSIONER SCHMIDT AS TREASURER OF THE EDA. Upon a vote, ayes by Kedrowski, Schenck, Barsness, Campagnoli, and Schmidt, the motion carried. MOTION BY KEDROWSKI SECOND BY SCHENCK TO NOMINATE CITY MANAGER BOYLES, EXECUTIVE DIRECTOR, AS SECRETARY. Upon a vote, ayes by Kedrowski, Schenck, Barsness, Campagnoli, and Schmidt, the motion carried. 1. City Manager Boyles thanked the EDA for its commitment to the community. IV. APPROVAL OF PREVIOUS MEETING MINUTES . Third page, fourth line up from bottom, Commissioner Kedrowski said the proposal was for residential use rezoning, but Council turned it down. MOTION SCHENCK SECOND CAMPAGNOLI TO APPROVE MINUTES OF THE JANUARY 8, 1997 MEETING AS AMENDED. Upon a vote, ayes by Kedrowski, Schenck, Barsness, Campagnoli, Schmidt, the motion carried. V. CONSENT AGENDA . There was no Consent Agenda VI. PRESENTATIONS . There were no presentations VII. PUBLIC HEARINGS . There were no public hearings. VIII. OLD BUSINESS C:\MSOFFlCE\WlNWORD\EDMN IlI.DOC 4 A. Review and discuss Bylaws and Enabling Resolution. . City Attorney Pace reviewed the statutes and bylaws, the purpose and associated powers. She said that the legislature gives Cities powers to create EDA, HRA, and combinations thereof. This Council has chosen to create an EDA and invest it with powers of authorities that it did not create. The status is under EDA mostly, but has powers of all. Basically, EDA has powers of the City. To spend money, they need Council consent. . Commissioner Kedrowski said that, under HRA, to actually act the EDA would have to separate from the Scott County HRA. . City Attorney Pace said the County takes the money, but the City has not delegated its authority to the County. . Consultant Guenette said under EDA statute, EDA has powers of EDA and HRA and whatever City would have under City development district powers. . City Attorney Pace said an example would be police powers. . Commissioner Kedrowski said what about funding? . City Attorney Pace said Joint Powers Agreement reviews. . Commissioner Schenck asked about HRA. . City Attorney Pace said that the HRA is under EDA powers, and the EDA is constituted as a separate political body. . Consultant Guenette said to take on debt or create TIF, it would require final approval of City Council, regardless of statutes. . City Attorney Pace said there were pluses and minuses in terms of procedure. Each authority has certain limitations. . Consultant Guenette explained that there were project areas, that were larger geographic boundaries. Some cities make the entire City limits a project area. The disadvantage is that this is not focused. If it were over an industrial park, or over downtown, it sends message. The City can create TIF parcel by parcel, and can spend TIF revenues. The limitation is 20 percent of Tax Increment revenues can be expended outside Tax Increment boundaries and within project area boundaries. The diagram shows how Project areas and how Tax Increment areas can be determined. There are five types of districts, but the EDA needs to be concerned with Economic Development and Redevelopment Districts. It may C\l"lSOFFICE\ WfNWORD\EDMN lll.DOC 5 be appropriate in the future to consider housing districts, hazardous substance districts, or soil correction districts. . Commissioner Schenck asked about combined districts. . Consultant Guenette said maybe hazardous substance subdistricts could be created within a redevelopment district. . Commissioner Schenck said that should be addressed. . City Attorney Pace said project by project, these are the tools. The enabling resolution was outlined in the chart. . City Attorney Pace talked about the bylaws. She said they were mechanics of operation of the authority. . Commissioner Kedrowski said that the Bylaws could be ratified or amended. . City Attorney Pace said the bylaws should be ratified, and then if there is a change, it could be made with a majority vote. She said that all the bylaws should be tossed if they do not say October 21, 1996, which was after the EDA was discontinued and restructured. This is a statutory reorganization, which requires certain officers to be board members. She said minor amendments in the rest of the bylaws were article 15, and number 2 about a conflict of interest. She said the City Council bylaws were more elaborate as far as conflict of interest and code of conduct. . Commissioner Schmidt asked about the fiscal year, about purchasing insurance and indemnification. . Commissioner Kedrowski said the fiscal year was the calendar year. . City Attorney Pace said that LMC was the City and EDA was insurer. . Commissioner Campagnoli said that she thought that they were separate issues. . City Attorney Pace said it should be checked whether the EDA were covered under Joint Powers Agreement. . Commissioner Schmidt asked about article 10. . City Attorney Pace said Ralph would take care of those treasurer issues. . Commissioner Kedrowski asked about designations under article 7, assignees for accounts. He asked who that would be. C:\MSOFFICE\ WfNWORD\EDMN111.DOC 6 . Planning Director Rye said City Budget has money there for economic development, not yet specifically allocated for EDA. . City Attorney Pace said as the budget goes through the process, the EDA must submit a request for funding to the Council. . Planning Director Rye said the budget cycle would start again in May. . Commissioner Schmidt asked if EDA allocation is something they should know about. . Planning Director Rye said they could get the breakdown. . Commissioner Barsness asked if EDA could levy. . Commissioner Kedrowski said they could recommend dollar figure, and City Council must approve as budget package and levy for the year. . Consultant Guenette said the amount for the EDA is a minor amount. The City can allocate necessary funds for EDA. . Commissioner Barsness said that then the City has to include the EDA in the General Fund budget this year. Does anyone want to designate signers, depositories. He asked that insurance be placed on the next meeting agenda. . City Attorney Pace said put designee for depository on the Agenda, she read from the bylaws explaining the designation. She said that they were carrying over money. She said the City would act as the bank. . Commissioner Campagnoli said that the Prior Lake State Bank is the City's banker, why don't we affirm the existing situation. . Councilmember Schenck said article 16, item 1, defers to the City Council bylaws, but EDA has own bylaws. Is the EDA governed by CC bylaws or its own? . Planning Director Rye said the City Council bylaws prevail. . City Pace said they would want to make changes at some point. . Commissioner Barsness asked about new policy for conflict of interest. . Commissioner Pace said conflict should be on agenda. She said the EDA should always abstain if they believe there is a conflict, then they must explain why. C:\MSOFFICE\WINWORD\EDMN lll.DOC 7 . Commissioner Schenck asked if everyone understood open meeting law. . City Attorney Pace said all meetings are presumed to be open. Litigations are exceptions, with attorney-client privilege. Business and notes are public. She said if special or emergency meeting were called, the notification was different. . Commissioner Barsness said they should move to approve bylaws. . Commissioner Kedrowski said the only change was the deletion of 16, number one. MOTION BY KEDROWSKI, SECOND BY SCHENCK TO STRIKE NUMBER 1 OF SECTION 16. Upon a vote, ayes Kedrowski, Schenck, Barsness, Campagnoli, Schmidt, the motion carried. MOTION KEDROWSKI, SECOND SCHENCK TO ADOPT THE EDA BYLAWS AND SEND TO CITY COUNCIL FOR APPROVAL. Upon a vote, ayes Kedrowski, Schenck, Barsness, Campagnoli, Schmidt, the motion carried. B. Overview of Comprehensive Plan, Zoning, and Subdivision Ordinance. . Commissioner Barsness asked to defer Comprehensive Plan presentation to the next meeting. . Consultant Guertette said that he had informed the developer that issue was coming back to EDA. He said it would be beneficial if they knew the direction that the EDA was taking. C. Designation Of Regular Meeting Dates And Times . Commissioner Schmidt said two hours would be good for an average meeting length. . Commissioner Schenck said first Monday of the month from 5-7 would work. . Commissioner Kedrowski said third Monday of the month would work too. . Commissioner Schmidt asked if something different would be possible in February. C:\MSOFFlCE\ WINWORD\EDMN Ill.DOC 8 . Commissioner Kedrowski said how about take a bus, 1/2 day for a tour, maybe on a Saturday morning between now and end of March. . Commissioner Barsness said the 24th of February 5-6:30 , then thereafter, the 3rd Monday Council meeting from 5:00 - 7:00. MOTION BY KEDROWSKI, SECOND BY SCHMIDT TO MAKE THE REGULAR MEETING THE 3RD MEETING OF MONTH. Upon a vote, ayes by Kedrowski, Schenck, Barsness, Campagnoli, and Schmidt, the motion carried. IX. NEW BUSINESS A. Direction on Award Printing Proposal . Consultant Guenette went over the Business Park again, noting the situation with NBC Products Site: He said Becker Arena Products was looking at the property south of Cottonwood. He said there was no one presently interested in buying as configured. Stan Anderson wants to buy property if he gets option on another piece, on which he would begin development within two years. Consultant Guenette discussed the terms of the proposal and went over rebates.. . Planning Rye asked about the excess revenue, assuming EDA retained some or all, can it be expended for general EDA purposes, or is it restricted? . Consultant Guenette said expenditures must be TIF eligible, and 20% of total TIF revenues. He said another development was pending, they could potentially could pledge these revenues, fund into site. He said this project area encompasses Highway 13. He said there was a bill submitted that requires the state to approve when Cities want to create TIF districts. . Commissioner Campagnoli asked about Anderson's occupancy rate in the office park. . Consultant Guenette said near 100%, there were significant numbers of inquiries from smaller users, and there is a market for small users. . Commissioner Campagnoli said they had talked about mitigating larger parcel to make it attractive to larger purchaser, and this should have been a consideration from the beginning. . Consultant Guenette said this should have been done immediately. The way the parcel was laid out is poorly designed. He said they had looked at mitigating it from its inception. C\MSOFFICE\WINWORD\EDMN lll.DOC 9 . Commissioner Barsness said what are the potential negatives? What if he doesn't build? . Consultant Guenette said all they lose is having five acre piece of property. He said that other owners will want to talk to him as well. He said that what he is asking from EDA is should he continue negotiating in this vein, he would like EDA to authorize him to continue negotiating, to give up less in rebates, and it will come back to EDA for approval. . Commissioner Kedrowski said it is a revenue neutral deal, and the City does not want to be a developer. He said the City should not lose the opportunity to move on this property, and should look closely at the opportunity. . Consultant Guenette said while the goal was to accomplish break-even at 2000 square foot with existing income screen and projected income screen. There was a 240,000 allowance to do some kind of development. He said he would allocate those revenues as they become available. . Commissioner Schenck said there was a weak guarantee. . Consultant Guenette said that Anderson would expect City to make it more developable. He said in order for Anderson to gain, he will pay $213,000, even if City auctions it to him, they will wait to do mitigation until he is ready to develop it. . Commissioner Campagnoli said this was logical. . Consultant Guenette said he wanted to know if he should proceed. . Commissioner Kedrowski asked if this was part of Consultant Guenette's job, to keep EDA apprised of information. . Consultant Guenette said he was not a legislative liaison, he tried to keep abreast of what was happening. . Commissioner Campagnoli said there was liberal use of public relations language, not enough direction in marketing. . Consultant Guenette said no significant revenues were expended in marketing for about 15 months. There have been in the past ads and marketing. He said they also try to maintain, arranging meetings with Chamber and other business groups. He said they do mailings, etc., but outside of personal interfaces, no significant efforts to continue marketing have been made. He said they expected to sell out last summer on the parcels. C\MSOFFICE\ WINWORD\EDMN12I.DOC 10 . Planning Director Rye said that by the next meeting they will be able to talk more about annexation. . Consultant Guenette said once the decision is made that the area will be annexed, it will be different. He said developer wanted to know about tax increment. City used TIF originally because no one had produced commercial development on a planned basis. MOTION CAMPAGNOLI, SECOND KEDROWSKI TO DIRECT CONSULTANT GUENETTE TO CONTINUE NEGOTIATIONS WITH AWARD PRINTING. Upon a vote, ayes by Kedrowski, Schenck, Barsness, Campagnoli, Schmidt, the motion carried. ~.ANNOUNCEMENTSORCORRESPONDENCE ~I. ADJOURNMENT . The a urned the meeting at 7:00 p.m. I~ (9-a0q City Manager Recording Secretary C:\MSOFF'ICE\ WINWORD\EDMN 121.DOC 11 STAFF AGENDA REPORT DATE: VIII A DON RYE, PLANNING DIRECTOR COMPREHENSIVE PLAN, ZONING AND SUBDIVISION ORDINANCE. FEBRUARY 24, 1997 AGENDA #: PREPARED BY: SUBJECT: BACKGROUND: The Economic Development Authority has previously received a copy of the Comprehensive Plan. Please bring your copy to the February 24 Meeting. I will make a brief presentation on the Comprehensive Plan, Zoning Ordinance and Subdivision Code. 16200 ~~'~ek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER V III B CArvlPBELL, KNUTSON, SCOTT & FUCHS, P.A. Attorneys at Law Thomas J. C.ull['h"ll Ro~er \4. KOll['On Thoma, ~l. S\:cl[L Gar; G. Fuch, James R. Walswn ElliOrL B. Km:rs\:h SUesan Lea P'lce (612) 452-5000 F. (61') ..1.-7 ---, elX _ ,J_-)))\. ;\nJrt::~1 \-kO(1\\"dl r'Jt:hler ~!.mh,,\\" K. Brllkl" j<,hn F. Kdh. \-hr!.:\Ieme \ l. \ kCmon Gel1rge T. S[erheoson "..l..l..,. It(....:~..,.J:11 \'(/i~C\lI\:-m January 17, 1997 o uJ ~ m (.) U1 0:. c:"-I c:"-I ~ ~ S! a: 9 a: 0- u. o ~ (.;) :;2- .c: MElVIORANDl}J\t1 TO: Frank Boyles, City Manager FROM: Suesan Lea Pace, City Anorney RE: Adoption of Ordinance Providing for a Code of Ethics and Conduct for All Public Officials, Appointees to Boards and Commissions, and Employees of the City of Prior Lake At the City Council Workshop we discussed the need to make several additional changes to the City Council Bylaws. (I have not yet reviewed the EDA's Bylaws, although I will.) In addition to the Bylaw amendments to be suggested to the City Council, the City Council may want to consider adopting an ordinance amending the City Code to provide for a Code of Ethics and Conduct for all public officials, appointees to Boards and Commissions, and City employees. The ordinance would be supplemental to the Bylaws of the City Council. EDA, Advisory and Statutory Boards and Commissions. The advantage of having a Code of Ethics and Conduct in the City Code is that an ordinance is easier to amend than five sets of Bylaws. This flexibility would be helpful when there is a change to state statutes. There may be some disadvantages that I am not aware of. Enclosed is a draft Code of Ethics and Conduct. Please share it with the City Council for their reaction if you feel that is appropriate. You should direct their attention particularly to Section 15, Complaints. I look forward to your reaction and comments. Suite 317 . Eagandale Office Center · 1380 em'rorate Center CUf\'e · Llg::m, ~!~ 551: 1 CITY OF PRIOR LAKE SCOTT COUNTY, MINNESOTA CODE OF ETIDCS Ai'ID CONDUCT FOR PUBLIC OFFICIALS, APPOINTEES TO BOARDS AL~ COlV1l\fiSSIONS, A1~J) ElVIPLOYEES OF THE CITY OF PRIOR LAKE SECTION 1. DECLARATION OF POLICY. The proper operation of democratic government requires that public officials, appointees to boards and commissions ("appointees "), and employees be independent, impartial, and responsible to the people; that government decisions and policy be made within the proper channels of the governmental structure; that public office not be used for personal gain; that public officials, appointees, and employees avoid even the appearance of impropriety; and that the public have confidence in the integrity of its government. In recognition of these goals and notwithstanding any other applicable code of ethics, a code of ethics for all city council members, city advisory committee members, appointees, and city employees is adopted. The purpose of this code is to establish standards and guidelines for ethical conduct by setting forth those acts or actions that are incompatible with the best interests of the city and by directing disclosure of private financial or other interests in matters affecting the city. SECTION 2. DEFINITIONS. (a) "Business entity" means any corporation, limited liability company, general or limited partnership, sole proprietorship (including a private consultant operation) joint venture, unincorporated association or firm, institution, trust, foundation, or other organization, whether or not organized for profit. (b) "Confidential Information" means any information, oral or written, which comes to the attention of, or is available to, the public officer, appointee, or employee only because of his or her position with the city, and is not a matter of public record. (c) "Gift" means money, real or personal property, a service, a loan, a forbearance or forgiveness of indebtedness, or a promise of future employment that is given and received without the giver receiving consideration of equal or greater value in return. "Gift" does not include: (1) a campaign contribution as defined m !vEnn. Stat. ~ 211A.Ol, Subdivision 5; 46443 (2) services to assist a public officer or employee in the performance of official duties, including but not limited to providing advise, 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 m a field of specialty or to a charitable cause; (5) a trinket or memento of insignificant value; (6) informational material of insignificant value; or (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. (d) "[nterest" means the actual or potential for pecuniary or other benefit accruing to a public officer, appointee, or employee as a result of an official action. For purposes of this code of ethics, a public officer, appointee, or employee shall be deemed to have an interest in the affairs of: (1) the officer, appointee, or employee's relative as defined In this section; (2) any person or business entity with whom a contractual relationship exists with the public officer, appointee, or employee or a business entity in which the officer, appointee, or employee has a relationship as described in paragraphs (3) and (4) below; (3) any business entity in which the public officer, appointee, or employee is an officer, director, member, or employee; and (4) any business entity in which the public officer, appointee, or employee controls or owns, directly or indirectly, in excess of five percent (5%) of the total stock or an interest totalling $50,000 or more in value. (e) "[nterested person" means a person or representative of a person or business entity that has an interest in an official act or action that a public officer, appointee, or employee is authorized to make. 46443 -2- (f) "Official act or action" means any legislative, administrative, appointive or discretionary act or recommendation of any public officer, appointee, or employee. (g) "Public employee" means any person holding a position by appointment or employment in the service of the city, whether paid or unpaid, including appointed members of any board, committee, or commission thereof. (h) "Public officer" means any person holding a position by election in the service of the city, whether paid or unpaid, including elected members of any board, committee, or commission thereof. (i) "Relative" means the public officer's, appointee's, or employee's spouse, children, and grandchildren and their spouses, parents and parents of a spouse, and brothers, sisters and their spouses. SECTION 3. CONFLICTS OF INTEREST. (a) Official Action. No public officer, appointee, or employee shall take any official action with respect to a matter before the city if they have: (1) an interest in the matter; or (2) an interest in the affairs of any person or business entity representing, advising, or appearing on behalf of, whether paid or unpaid, any person involved in the matter. (b) Disclosure of interest. Any public officer, appointee, or employee who believes that he or she has an interest in any proposed official action before the city, or who is otherwise disqualified from taking any official action on the matter may only participate in the discussion of that matter in the following maIll1er: (1) by disclosing on the record of the city forum involved the nature and extent of such interest and (2) by addressing the city forum from the audience as a member of the public. SECTION 4. PREACOUISITION OF INTEREST. No public officer, appointee, or employee shall acquire an interest in, or an interest affected by, any contract, transaction, zoning decision, or other matter at a time when such officer, appointee, or employee believes or has reason to believe the interest will be directly or indirectly affected by an official act or action by the city. 46443 -3- SECTION 5. REPRESENTATION OF PRIVATE INTERESTS AFTER ElVIPLOYMENT OR SERVICES CEASES. No public officer, appointee, or employee shall represent or appear on behalf of any interested person, other than himself or herself, his or her spouse, or minor children, in dealings with the city until one (1) year after he or she has left his or her position with the city. SECTION 6. PUBLIC CONTRACTS. A public officer, appointee, or employee may enter into any contract with the city only if: (1) authorized by Minn. Stat. ~ 471.88; or (2) the procedures set forth in Minn. Stat. 9 471.89 are followed when applicable. SECTION 7. GIFTS. Public officers, appointee, or employees shall not accept gifts from interested persons . SECTION 8. DISCLOSURE AND USE OF CONFIDENTIAL INFORlvlA TION. No public officer, appointee, or employee shall, without proper legal authorization, disclose confidential information, or use such information to further the tinancial or other private interest of the public of ticer, appointee, employee, or others. SECTION 9. INCOlVlPATIBLE OFFICE. No public officer, appointee, or employee shall occupy any other oftice, elected or appointed, in the city or any other governmental entity, when the duties of such office are incompatible with the proper discharge of his or her official duties with the city. Dual office or employment is specitically prohibited in anyone of the following circumstances: (a) where the duties of the other office make it a physical impossibility to discharge the duties of the city position; or (b) where one office is subordinate of the other; or 46443 -4- (c) where one office carries the power of removal of the other; or (d) where the occupancy of both offices is prohibited by the city code or other provisions of law. SECTION 10. PRIV ATE ElVIPLOYMENT. No public officer, appointee, or employee shall engage in, solicit, negotiate for, or promise to accept private employment or render services for private interests or conduct a private business when such employment, service, or business compromises or is incompatible with the proper discharge of his or her official duties or would tend to impair his or her independence of judgment or action in the performance of his or her official duties, unless otherwise permitted by law and unless disclosure of such employment is properly made to the city. SECTION 11. EXPENSES. Public officers, appointees, and employees shall provide complete documentation to support requests for expense reimbursement. SECTION 12. PlJBLIC PROPERTY. No public officer, appointee, or employee shall use, request, or permit the use of city-owned vehicles, equipment, materials, or property for private gain, personal convenience or profit, except where such property is available to the public generally or is provided by specific city policy in the conduct of official city business. SECTION 13. PUBLIC FUNDS. No public officer, appointee, or employee shall use, request, or permit the use of city public funds, personnel, equipment or facilities, for private gain, personal convenience or political campaign activities, unless such equipment and facilities are available to the public generally. SECTION 14. SPECIAL TREA TlVIENT. (a) No public officer, appointee, or employee shall grant any special consideration, treatment, or advantage to any citizen beyond that which is available to every other citizen. (b) No public officer, appointee, or employee shall allow use or attempt to use his or her official's position to secure special treatment, exemptions, personal or [mancial gain, or to avoid consequences for illegal acts for himself, herself nor a relative. 46443 -5- SECTION 15. COlVIPLAINTS. a) Filing Complaints. All complaints against a public official, appointees, or employees for violation of these provisions must be made in writing and signed by the complainant. Complaints shall be filed with the City Manager or in the case of the City Manager, with the Mayor. b) Complaint Procedure. Any person against whom a complaint has been filed shall be heard by the City Manager in the case of city employees or by the City Council or a committee of the City Council in all other cases. Any such person shall have the right to be represented by an attorney, to confront and cross-examine all witnesses and to compel the appearance of any city officers or employees who have knowledge of the allegations contained in the complaint. c) Action. In the event that the City ~Ianager or the City Council find a complaint has been sustained, in whole or in part, by a preponderance of the evidence, the City Manager, shall take appropriate remedial action. In all other cases, the full City Council shall take remedial and final action. d) Apneal. Within five days of receipt of the City :Manager's written decision finding a violation under this ordinance, the public official, appointee, or employee may appeal the decision to the City Council. Every appeal shall be in writing. Failure to file a notice of appeal within the time provided shall constitute a waiver of the right to appeal and the specified action shall take immediate effect without further notice. ADOPTED THIS DAY OF COUNCIL OF THE CITY OF PRIOR LAKE. , 1997 BY THE CITY CITY OF PRIOR LAKE By: Lee Andren, l\tIayor ATTEST: Frank Boyles, City Nlanager 46443 -6- STAFF AGENDA REPORT AGENDA #: PREPARED BY: SUBJECT: DATE: VIII C staff INDEMNIFICATIONIINSURANCE ISSUES. FEBRUARY 24,1997 BACKGROUND: At the last EDA meeting, the members requested information concerning indemnification/insurance Issues for the EDA. Staff will address these issues. 16200 ~~'~ek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: DISCUSSION: ACTION REQUIRED: STAFF AGENDA REPORT VIII C [, ;;;J DONALD RYE, PLANNING DIRECTOR ."Yff~ ECONOMIC DEVELOPMENT BUDGET FOR 1997 FEBRUARY 24,1997 At the last EDA meeting, the members requested information concerning the budget for economic development activities. A copy of the budget is attached. Up until very recently, the economic development function has resided with the Assistant City Manager. Because of increasing workloads, the ED function has been transferred to the Planning Department. As a consequence, the budget for 1998 will look considerably different as it will be absorbed into the Planning budget as a separate activity. The key line items in this budget are items 313, 314, 331, 433 and 437. Each of these deals directly with specific activities which have a direct impact on economic development. Items 313 and 314 deal with professional services which provides the expertise needed to package development deals. The other items are related to training and promotional activities. None Revi"jed.l',. : ~ fles, Cit,y Manager ,nt . l1r-~ ~/ 16200 ~R:?~~<fW~, S,E" Prior Lake, Minnesota 55372-17l4 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ~ ~ ~ ~ ~ ~ ~ s ---------~-------~---a---------~---------~---~-------O---------6----- en' en' I\) tu a a 3l 3l n n::'_ < CD CD n n !!. !!.;-- !!. III III m m m~ ~m()~ ~5 mmmoo~ mo~~~~ ()~ mm()m ~m"C~oo n~ ~o~~ N~ On~() ~~ 0 00 onoe ~~mme gm n)>l\)m 01\) )>g~m() ~~oQ~ a~ )>03"C ~1Il~="C ()g !!.~3g e~ ~O()__og ~mm-~~ ~~ "Cg3~ ~~gg~ 011I ~ gill ~m 3~()lD ~;x~f BOO a3m! 3~~m~ em ~ ~m E~lIlo~"C ~-~ mm 3~~ mn"C~1Il a~ ~ ~~ ~ ~n~~ ~!o~~ 3? 2~~~ nQ~~Q ~m ~ ()m ~ ~Om2 ~~ ~m ~2 ~~~! ~~~~m m~ o~ ~ m~olll m"C 011I 011I ~!!.~~ mBm~~ g~ 3~ ~ O'~"C teo ~ ~ !!!.oe'.. cr~~~ ~ 3 "C~3 ~1Il ~Q 3() 3"C~~ ~~<-!!!. oQ ~o ~~a te m~ ag a~~~ ~~~~ ~. ~ mai a 0 ~ ~5. ~a=r3 ~c:-g-_;;;- m III :E m !!!...... iii'te < III 0"- Ill'" m~ !20 0 ~ ~g: -em O""C- CD x- 00;1(- gte c:a g~~~ "C e III _ mo IIlm~~ o g g 3 1Il~ o~~~ Q"C 0 m€.E ~ III i~~ o' ~ roO ~ ,.. 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Ol c: ::;] Ql 01 C Q1 --' 0 m ::;] 0 < n m CD r o "tl 3: m Z -i ./>. Q'l o o o ; )" '. [ ~ AGENDA #: PREPARED BY: SUBJECT: DATE: BACKGROUND: DISCUSSION: STAFF AGENDA REPORT ~ IX A) /\'~~ FRANK BOYLES, CITYMANAGERi iY CONSIDER AUTHORIZATION TO DESIGN AND INSTALL ENTRY MONUMENTS IN WATERFRONT PASSAGE BUSINESS PARK. FEBRUARY 24, 1997 One of the City Council's 1997 Top Priority Goals is to "initiate a two year program for the installation of entry monuments at the major entrances to the community". The signs were previously designed. An architect's sketch is attached for information The office park also needs entry monument signs. The EDA should determine whether a monument project should be undertaken for the business park. To enhance Community identity, the City Council directed that an entry monument project be undertaken and $24,000 was set aside in the 1997 contingency account for this purpose. Sketches of proposed entry monuments were prepared by an architect. The design which the Council supports is attached and a prototype has been made which will be on display at the EDA meeting. The Waterfront Passage Business Park does not presently have entry monuments. Significant development has occurred in the park and monuments would help to provide identity, particularly if an additional 57 acres of park is to be added by annexation of the 270 acres to the south. Because the park is City owned it appears appropriate that the entry monuments be similar in style to the entry monuments used for the City in general. This will also save design costs. Entry monuments are proposed both for the Fish Point Road entrance and Adelmann entrance. No cost estimates have been secured although we estimate that each City entry monument will cost about $6,000. These monuments are eight feet tall by four feet wide. Presumably, the monuments for the business park would 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER be smaller. The Economic Development Budget contains $3,500 for "promotional materials." ISSUES: Staff is seeking EDA approval to utilize the entry monument design for the City for the Business Park as well. We are also seeking authority to secure quotes for the monuments. Costs for the monuments would be drawn from the 1997 Economic Development Budget. ALTERNATIVES: The Council has the following alternatives: 1. Authorize the staff to complete installation of monument signs for the Business Park. 2. Take no action. RECOMMENDATION: Alternative #1. The reconstruction of County Road 21 in 1997 will allow for completion of landscaping in the Business Park. It is also appropriate to complete monument signs at the same time. ACTION REQUIRED: Motion and second to authorize entry signage. Attachment 224.DOC --' r~ - - " - "". .,J.... --,,~-",.~.. . -'~....~ ",,-' ~ "'"T.'!"