HomeMy WebLinkAboutEDA bylaw review
Memo
Date:
Re:
Economic Development Advisory Committee members
Paul Snook, Economic Development Director
9/24/08
To:
From:
Economic Development Advisory Committee bylaws
The City Council is in the process of reviewing the bylaws for all appointed and elected
bodies. The purpose of this update is to ensure consistency between committees and
to add a code of ethics.
The major changes to the Economic Development Advisory Committee bylaws are:
1. Addition of a Code of Ethics (Section 300)
2. Format changes.
Please review the bylaws and provide recommendations for changes. These
recommendations will be forwarded to the City Council for final approval.
Enclosure
CITY OF PRIOR LAKE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE BYLAWS
Adopted
Amended May 1, 2006
Amended October 6. 2008
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 Oevelopment
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
Commission shall be recomplended to the City Council for adoption at its annual
meeting. The City Council conducts is annual meeting as the first meeting in January
of each year.
SECTION 200
STRUCTURE OF COMMITTEE
201. COMMITTEE CREATED: An Economic Development Advisory Committee is hereby
created for the City, its purpose to be of The Committee sh:J1I act in an advisory
capacity nature to the Prior lake City Council and Economic Development Authority
and shall provide advice both on economic development matters identified in the
purpose or as assigned to the committee by the City Council or Economic
Development Authority.
Said Economic Development Advisory Committee shall consist of a number of
members as may be determined and appointed by the Prior lake City Council. Only
residents of the City who are at least 18 years old shall be considered for appointment.
Said members shall serve three (3) year-terms beoinnino November 1st and endino
October 31st.
The members of the Economic Development Advisory Committee shall annually elect
officers in accordance with the procedures of paraoraph 205 herein.
202. DUTIES OF THE COMMITTEE: Annually or as otherwise required by the Council, the
Committee Chair shall give an accounting of the Committee's activities ':.'ith respect to
its purposes, goals and objoctives. Specific powers, The duties and responsibilities of
the Committee include:
1. (4t-Serve as a liaison between city government and the community;
~
2. ~In conjunction with the City Council, Economic Development Authority and
staff, facilitate economic growth and redevelopment activities for the City of
Prior lake;
4,-
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3. t3j-Work with citizens, City staff, business owners, property owners,
prospective developers, the Chamber of Commerce, and other economic
development stakeholders on a variety of economic development and
redevelopment activities;
9,-
4. t4j-Provide review and comment on economic development and redevelopment
policies to the City Council and Economic Development Authority.
8,-
5. {at-Make recommendations to the City Council and Economic Development
Authority regarding economic development issues, strategy development and
implementation and other initiatives that can be undertaken by the City to
expand and strengthen its economy, inclusive but not limited to business
retention & expansion, targeted business attraction / recruitment, new business
/ entrepreneurial development, and redevelopment; and
4G-:-
6. t9t- To assist City Council and Economic Development Authority in finding
funding sources for economic development and redevelopment.
203. APPOINTEMENT: The Committee shall consist of a number of members as may be
determined and appointed by the Prior Lake City Council for a term of three (3) years
from November 1 to October 31. The Committee shall consist of two City Council
members, the City Manager or designee, and a number of residents and/or business
persons as may be determined and appointed by the City Council, at least the majority
of which must reside in Prior Lake. Committee members may serve based upon
attendance and participation, continued residence in Prior Lake and in accordance with
the term limit policy establisRed by the City Council.
204. VACANCIES. If the office of Chair becomes vacant, the Economic Development
Advisory Committee shall appoint a replacement in accordance with Article 2, Section
8204. If the Office of Vice-Chair becomes vacant, the Committee shall elect a
successor from its membership at the next regular meeting, and such election shall be
for the unexpired term of said office. Should:] member resign, or othel'\vise vacate a
seat on the Committee, Prior Lake City Council shall appeint a replacement to
complete the term.
If an appointed member of the Economic Development Advisorv Committee resigns. is
terminated. reaches a term limit. or otherwise vacates a seat of the Committee. the
Prior Lake Citv Council shall appoint a replacement in the following manner:
1. Applications are solicited. A Notice of the vacancy is made public and individuals
may be encouraged to consider the position.
2. The City Manager or his designee. the City Council member who has been
appointed as the liaison to the Economic Development Advisorv Committee. or
who has been appointed to serve on the work group. and the committee chair
(unless the appointment is the committee chair appointment or re-appointment. or
in the case where no chair has been determined) shall interview all candidates and
make a recommendation to the full City Council. No person will sit on any advisory
authority charged with the selection of the successor for that person.
3. The recommendation of the interview panel shall be presented to the Citv Council
and the Council may accept or reiect the recommendation. If the recommendation
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is reiected. the City Council shall appoint another individual or decide to reopen the
vacancy to the public for new candidates.
205. OFFICERS: The Officers of the Prior Lake Economic Development Advisory
Committee shall be a Chair, Vice-Chair and a Secretary. The City Manager or his/her
designee shall serve as Secretary of the Committee. The selection of the Chair or
Committee members will be filled in accordance with City Council Bylaws.
Chair: The Chair of the Committee shall be appointed from among the Committee's
membership for a two-year term in November by majority vote of the Economic
Development Advisory Committee. The duties of the Chair include:
1. Review and approve meeting agendas.
2. Preside at meetings.
3. Participate with the City Council in the selection of Committee members.
4. Represent the Committee as appropriate.
Vice-Chair: The Vice-Chair shall be selected annually by the Committee and shall
perform the duties of the Chair in his/her absence. The Vice-Chair shall assume such
other duties as assigned by the Chair.
Secretary: The City Manager or his/her designee shall act as the Secretary and shall
be responsible for recording and compiling a written summary of all official activities of
the Committee.
206. TERM LIMIT: It is the policy of the Prior Lake City Council to impose a tw9-three term
(or e-!LYear) service limitation for all appointed positions within the committees and
commission. Partial terms do not count toward the term limitation. The purpose of the
term limit policy is to encourage resident participation on City advisory bodies and
provide community members with the opportunity to participate in their local
government.
207. PERFORMANCE CRITERIA: Annually the Committee shall perform a written self-
evaluation on the following:
1. Implementation of the purpose.
2. Member's personal attendance and participation.
The Committee shall forward this evaluation to a review committee comprised of the
staff member assigned to the Committee, City Manager and one member of the City
Council. The review Committee shall present this report and any additional comments
to the Council by the first week of December for action and recommendation at the
annual meeting in accordance with the Council Bylaws.
SECTION 300
STATEMENT OF ETHICS
301: POLICY 8T A TEMENT: The City of Prior Lake recoQnizes that our system of
democratic representative Qovernment is dependent in larQe measure upon people
havinQ trust and confidence in their public officials. The public riQhtfully expects that
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aovernmental officials will conduct City of Prior Lake business in ways which benefit
the public aenerally and that public office will not be used chiefly or improperly to
advance personal interest. The City of Prior Lake has pledaed that the aoals of fair,
efficient and honest aovernment will be fostered and that it will strive for intearity and
obiectivity from all of its officials.
1. The City of Prior Lake finds that the proper operation of democratic representative
aovernment requires that:
. Elected and appointed officials be independent. impartial and responsible to the
people:
. Governmental decisions and policy be made in the proper channels of the
aovernmental structure:
. Public office not be used for personal aain: and
. The public have confidence in the intearity of its aovernment.
2. The City of Prior Lake shall implement hiah ethical standards that enhance the
public trust in its local aovernment by:
. Creatina transparency in its actions throuah honest and open communication:
and
. Makina decisions and establishina policies dedicated to public purpose and in
the best interests of the overall community:
. Supportina the public's riaht to know the public's business: and
. Exercisina fairness, optimism, responsiveness and respect in communicatina
with the public.
. Periodically conduct trainina to discuss the values of the oraanization in an
effort to keep public officials involved and aware and to make sure the policy is
up-to-date and reflective of current conditions and concerns.
3. This Code shall be liberally construed in favor or protectina the public's interest in
full disclosure of conflicts of interest and promotinQ ethical standards of conduct.
302: GIFTS AND FAVORS: No public official shall accept any valuable aift. favor or thina of
value, reaardless of amount whether in the form of money. service. loan. thina or
promise from any person which to the official's knowledae is concerned. directlY or
indirectly in any manner whatsoever in business dealinas with the City.
303: 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.
304: CONFLICT OF INTEREST: Except as authorized in Minn. Stat. 471.88. a public
officer who is authorized to take part in any manner in makina 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)
305: A public official or local official elected to or appointed by a metropolitan aovernmental
unit who in the discharae 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 areater than on other
members of the official's business classification. profession or occupation. must take
the followina actions:
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1. Advise the City Attornev of the potential conflict of interest as soon as possible.
preferablv before the meetina: and
2. The City Attornev shall determine whether a disQualifvina conflict of interest exists.
3. Orallv inform the committee of the potential conflict and abstain from any
participation in that aaenda item.
306: The purpose behind the creation of a rule. which would disQualifv public officials from
participatina in proceedinas in a decision-makina capacity when they have a direct
conflict of interest in its outcome. is to insure that their decision will not be an arbitrary
reflection of their own selfish interests. There is no settled aeneral rule as to whether
such an interest will disQualifv an official. Each case must be decided on the basis of
the particular facts present. Amona the relevant factors that should be considered in
makina this determination are: (1) nature of the decision beina made: (2) the nature of
the pecuniary interest: (3) the number of officials makina 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
insure that the officials will not act arbitrarilv to further their selfish interests.
307: MISUSE OF OFFICIAL POSITION: No elected or appointed official may use his or her
official position for a purpose that is. or would to a reasonable person appear to be
primarilv for the private benefit of the official.
SECTION 400:
CONDUCTING MEETINGS
401: REGULAR MEETINGS: In conformance with the Minnesota Open Meeting Lawall
meetings of the committee are open to the public. Regular meetings shall be held
quarterly at the Prior lake Fire Station. 16876 Fish Point Roas SEPrior Lake City Hall.
4646 Dakota Street SE, Prior Lake, Minnesota. In the event that such a date shall fall
on a legal holiday, the meeting shall be held on the next succeeding day. Regular
meetings may be rescheduled, canceled or changed depending upon unique
circumstances and subject to the approval and consent of both the Chair and/or Vice-
Chair. In the event that such a date shall fall on a legal holiday, the meeting shall be
held on the next succeeding day. Regular meetings may be rescheduled, canceled or
changed depending upon unique circumstances and subject to the approval and
consent of both the Chair and/or Vice-Chair.
402: NOTIFICATION: All reaular meetinas of the Committee shall be noticed bY:
1. PostinQ at city hall for at least two (2) days prior to the meetina.
2. A COpy of the notice. aaenda and accompanvina materials shall be received bv the
Committee. City Council. staff and others desianated bv the City Council. no later
than the Wednesday prior to the Mondav meetina and in no case later than two (2)
days prior to a special meetina.
403: SPECIAL MEETINGS: Special Meetings of the Committee may be called by the Chair,
or two (2) members of the Committee for the purpose of transacting any business
designated in the call. Staff may recommend calling a special meeting, but must
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receive approval from either the chair or two members of the Committee. The call for
a special meeting may be delivered prior to the time of the proposed meeting to each
Committee member of the Committee at least two (2) days prior to the special
meeting. At such meetings, no business shall be considered other than as designated
in the call.- The notific3tisn prsvisisns sf Sectisn ~ of the 3rticle shall \;)e fsllslNed.
404: QUORUM FOR REGULAR AND SPECIAL MEETINGS: A majority of Committee
members shall constitute a quorum for the purpose of conducting its business, but a
smaller number may adjourn from time to time until a quorum is obtained. When a
quorum is in attendance, action may be taken by the Committee upon a vote of a
majority of the Committee present.
405: CONDUCT OF BUSINESS AT MEETINGS: The agenda for a regularly scheduled
meeting shall include the following in order of business:
1. Call to Order
2. Approval of minutes of previous meeting(s)
3. Old Business
4. Other Business
5. Staff Update
6. New Business
7. Adjournment
406: PUBLIC HEARING FORMAT: Public hearinas shall be conducted in the followina
manner:
1. The presidina officer calls the public hearina to order and declares the time of
openina.
2. It is the intent of the Community Safety Advisory Committee to open all public
hearinas at the predetermined and published time. From a practical standpoint. not
all hearinas can be opened at their desianated time. The presidina officer may
delay the start of a hearina until the business at hand is acted upon. in any
manner. bY the Lakes Advisory Commission. However. in no circumstances can a
hearina be opened prior to the predetermined and published time.
3. The presidina officer shall read. from the hearina notice. the details on the hearina
sufficient to provide the public a aeneral understandina of the purpose and
procedures for the hearina and the fact that the hearina is their exclusive or
primary opportunity to provide input to the city on the subiect.
4. Staff and/or a consultant make a presentation or report on the subiect matter for
the hearina.
5. The presidina officer asks Community Safety Advisory Committee members if they
have Questions of the staff or consultant. if any.
6. The presidina officer requests a motion and second to open the public hearina.
7. The presidina officer announces that input will be received from the citizens.
Formal input includes the name and address of the speaker delivered from the
podium.
8. After all persons have been heard. the presidina officer requests a motion to:
. Close the public hearina and the Community Safety Advisory Committee votes
on the motion. Once the vote is taken. the hearina is closed for the record. or
. Continue a public hearina. If the Community Safety Advisory Committee votes
to continue the hearina. the presidina officer. in consultation with the
Community SafetyOAdvisory Committee. shall select and announce a time and
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date certain for the continued public hearina. No additional publication or notice
requirements are needed if a hearina is continued to a later date. However. no
public hearina may be continued more than once without re-notice and
publishina the time. date and location of the hearina.
9. The Community Safety Advisory Committee addresses the subiect matter throuah
deliberation. Questions to citizens and staff. and reactions and statement of
position on the subiect.
10. If the public hearina is closed, the Community Safety Advisory Committee should
take action on the application before them in the form of a motion bY resolution.
However. the Committee may formulate a recommendation which outlines the
parameters under which an approval would be aranted. The reasons and
conditions shall be stated in the motion or resolution for approval or denial.
Continuation of an action may occur in the event insufficient information is present
to make a decision. The Community Safety Advisory Committee shall delineate the
missina information before continuina the item.
407: VOTING: All members of the Committee have equal voting authority.
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SECTION 500
SCOPE OF POWERS AND DUTIES
501: POWERS AND DUTIES: The Committee shall act in an advisory capacity to the Prior
Lake City Council and Economic Development Authority and shall pre'/ide advi~Ge both
on eEconomic dDevelopment matters identified in the f3urposeSection 100 or as
assigned to the committee by the City Council or Economic Development Authority.
Annually or as otherwise required by the Council, the Committee Chair shall give an
accounting of the Committee's activities with respect to its purposes, goals and
objectives. Additionally. specifiC powers. duties and responsibilities may be assianed
to the Committee upon approval of the City Council.
502: SUBCOMMITTEES: The Committee may divide its membership into Subcommittees
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 City Council for final approval.
Seetiaa .\. Ceamet afIaterest .A. memBer fiRal! refrain Ham Elisel:l5siBg, yatiBg aa, ar iR aRj' manBer taking ~art iH aR
action er deeisioa of the EeeaeR'lie Develaf'meBt J'.w/isary Cammittee if:
I. f.~: ::~: .h~5, ar reasaaaale eJ<f'eet5 ta ~a-'/e Ell:li"iR~ ~e memaer's tel'FR a~ affiee, a Elireet iHterefit iH the aats.ame af the
6 I S loa, lIDless the ef'fuet of the aetlaa ar Eleelfilaa aa the memBer's IBterests walilEl Be aa greater thaR Its effeet aa
other ~ersaas ar ~rafJert]' similarly siffiatea; ar
2.The memaer ha5 a direct er iaElireE1t iaterest ia afl)' sale, lease, ar E1aatraE1t that is the sabjeet afthe actioa ar EleE1isioa,
e~(eept as eJ(~ressly ~eFFRitteEl HREler state laws gayemiBg HHHliei~al eaatraets.
~~ a :~:~:t :/al\'es the ~resiEliHg affieer, iH aElElitiea ta reHaiHiBg Ham ~artieij3atiaa iH the aetiaa ar Elesisiaa as ~raviEled
. tJ:I. ie , the flresiaiBg offieer seall Qis~alify himlRerselfHaR'l the €Mitis af~resiEliag affieer aRa shall ~ass the ga-'/el
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to the Vice Chair er te aRY member 'who has He ceHmCt. Th@ presidieg offic@r may reSl:HRe the chair eHee the issl:l@ has
beeH aispatehea.
8ectiea .t\.. CORmct of IBterest .Ai member shall reHaiR Ham discl:lssiRg, vetiag eH, ar m ~' maDDer takmg part iR an
actieH ar aecisieR efthe :aceRemic De'/elepmeat :\avisery Cemmittee if:
3. The memaer has, er reaseHaale eJ(pects te have al:lfmg the memaer's term ef effice, a aiFect interest m the el:ltceme ef the
actiaa ar aecisiaH, \!Bless the effect efthe aetiaa er ElecisieH ea the memBer's interests walda Be He greater thaH its effuct ea
other perseRs er proflerty similarly simated; ar
4. The mem.eer has a EliFect er iHEliFect ieterest iH aH)' sale, lease, er cesact that is the SReject sf the actiea er eecisiaB,
exceflt as eJ(pressly flermittea \!BEler state lews ge'/emmg lRURiciflal cemracts.
If a ceRmct iBvolves the presidiHg officer, iH aElditiaR to reHamiag Hem flarticiflatieH iH the actioH or aecisieH as pravidea
Hi this sectieR, the presiEliHg emcer shall aist:tYalify him,ZherselfHam the ffilties efflresiaing efficer aRa shall pass the gll':el
te t.he 'lice Chair er ta aRY memaer wJie has He ceamct. The presiaiHg emcer may reSWHe the chair eRce the iSSlie has
Beea aisflatchea.
8ectiea A. CeHmct af IHterest A memeer shall reHam Hem aisclissiRg, vetiag ea, er iH a~ mamler taking part iH aR
actioH or ElecisieR efthe :asoaemic Dev@lopmeAt:\a'lisery Cemmittee if:
5. The memaer haG, or reaseDable expects ta ha.ve al:lfmg the memaer's term ef effiee, a direst mt8fest m the oQtceme ef the
actieH er aecisioH, \!Bless the eFfect efthe astiaH or aecisiea oa the memeer's interests weRla ee Ha greater thaR its effect eR
ather pecseFls or property similarly situated; ar
(i.The memBer has a aiFect sr mairect ieterest Hi aH)' sale, lease, er seBtraet that is the sl:ll3ject sf the aetiea er aesisiea,
except as expressly permittea lffiaer state lews gevemmg lRURiciflal ceHtracts.
If a ceRmct iIwol'/es the presidiHg offieer, iD additieFl te reHammg Hem participatieR m the actieR ar a@cisioR as previaed
m this sectieH, the presiaiag efficer shall aiGElHalify him!herself Hem the ElYl:ies ef flresiaiBg emcer aHa shall pass the ga':el
te the Vice Chair er te any memBer \':he has He coatlict. The flresiamg efficer may reSlifRe the chair eBce the issl:le has
BeeR aispateheEl.
8ectioa A. CeRmct ef IRtere!lt .A. m:ember shall retFam Hem discl:lssiRg, yatiHg eH, er m aH)' BlaBRer takffig part iR aH
actieH er aecisieH efthe :aceBsmis DeveleflmeHt .A..avisery Cemmittee if:
7. The m:emaer has, er reaseRaale eJ(f3ects te hll'/e ffilrmg the memaer's term ef effic@, a airect mterest in the eateeme ef the
actiea er aecisieB, RBless the effect efthe actisa er eecisiea eH the memaer's mterests welila Be He greater thaR its effect ea
other flersoRs or preperty siHlilar~' situated; er
&.The m:emaer has a airect er mairest iBterest in aD)' sale, lease, er csmract that is the sliBject afthe astiaH ar aecisiaa,
eJ(ceflt as eJ(j3fessly flermittea \!Baer state le'Ns gevemiBg BH:illiciflal saBtraets.
If a ceRRict iff/olves the flresiaiag efficer, ia aElaitieR te r@Haiamg Hom flarticipatieR m the actioH er eecisiea as flre'lia@d
ia this s@ctieB, the presiaiHg efficer shall aisElHalify himlB@rselfHem the alities ef flresiElmg efncer aHa shall paGs the ga.vel
ta the Vice Chair er te aD)' memaer whe has Be cORRict. The flresiaing efficer may reSlRRe the chair eRce the issl:le has
beeR aisflatched.
;\RTlCLE S. CODE OF CONDUCT
8ectiea A. Cede ef Ceaooct Cemmittee m:embers will aElAere te the follewing:
l.Cemmittee memaer's eflmieH pertammg ts a Hmctiea, erganizatieH er s.13ecinc ll}3fllieatiaH ar issl:le shall Het Be gi'/eH te
the pliblic or meaia liHless there is a clear EjHalifieatioH tllat the epiaiea is that of the memB8f aRa Rat the afficial eflmieH af
the Cemmittee er the City. If a Cemmittee, he/she shall ae sa eHly after reseivmg the effieial aireetiea Hem the Cemmittee.
2.The ceaooct efCemmittee memaers shall reflect flesitively HflOR the Committee, iRdivialial memaer aRa City.
3 .Cemmittee memaers shall a.veia aR)' acmal er appareat imflreflriety.
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