HomeMy WebLinkAbout10B Annual Appointments Report
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: JANUARY 09, 2017
AGENDA #: 10B
PREPARED BY: FRANK BOYLES, CITY MANAGER
PRESENTED
BY:
FRANK BOYLES
AGENDA ITEM: CONSIDER APPROVAL OF ANNUAL MEETING DESIGNATIONS AND CITY
COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMIT-
TEES
DISCUSSION: Introduction
The purpose of this agenda item is to complete the appointments required each
year under the City Council Bylaws. The Mayor has recommended various ap-
pointments and the Council as a body may affirm or change them.
History
The City Council Bylaws provide that the first regularly scheduled meeting in Jan-
uary is the annual meeting of the City Council. During the annual meeting, regular
business may be conducted, but the following organizational business is required
to be considered:
Yearly Appointments
Yearly Designations
Yearly Approval of City Councilmembers Appointed to Committees and
City Council Bylaws and Procedures.
The attached committee matrix shows representatives to our various committees
over time as well as those bodies which have been discontinued. Councilmem-
bers were previously asked to indicate their preferences, if any, for committees
they wished to be appointed to.
Current Circumstances
The Council should take the following actions to fulfill its responsibility under the
Bylaws:
1. Consider Acting Mayor for 2017: Councilor McGuire was Acting Mayor in
2015 and 2016. Mayor Biggs recommends the same for 2017. Historically, the
Council has appointed the most senior member of the Council, which would
be Councilor McGuire. However, this is a mayoral appointment subject to City
Council affirmation.
2. Consider Approval of Official Newspaper for 2017: For decades the Prior
Lake American has been the City’s official newspaper. Three reasons for this
status seem most likely: 1) under State Statute, the fact that they had an office
located in the City or County effectively eliminated any other newspaper from
consideration; 2) Their rates were considerably less than the Star Tribune; and
3) our community survey affirms that the Prior Lake American is the source of
local information for most readers. The costs for a per-inch rate is $6.22 for
2017. Costs for special handling are more. (See attached letter.)
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3. Consider Approval of Official Bank for 2017: In 2009 pursuant to a solici-
tation of bids the City Council named US Bank the City official bank for years
2010 through 2013. In December, 2013, the Council approved an extension of
the banking services agreement through 2016. It is recommended that US
Bank continue to be designated the City Official Bank through 2017 pursuant
to the provision of the 2009 RFP and the approved extension.
4. Consider Approval of Local Board of Appeals and Equalization for 2017:
No action is necessary as Scott County assumed this role in 2014 utilizing the
open book process.
5. Consider Approval of Auditing Firm for 2016: Audits are required by law
and conducted for the preceding year. The staff solicited proposals in 2011
and the City Council appointed the firm of Malloy Montague Karnowski and
Radosevich (MMKR) for the years ending 2011 through 2013. In October,
2014, the Council approved an extension of the agreement for calendar years
ending 2014-2016. No action is necessary. Staff is planning to do an RFP for
audit services in 2017.
6. Consider Approval of Fiscal Consultant for 2017: The fiscal consultant ad-
vises the City Council about matters relating to the sale of bonds for capital
projects. Before his passing, Steve Mattson of Northland Securities acted as
the City’s Fiscal Consultant for more than twenty years. Staff recommends the
re-appointment of Northland Securities and Tammy Omdal for 2017.
7. Consider Approval of Emergency Management Director for 2017: Police
Lieutenant Randy Hofstad was designated as the Emergency Management
Director for a number of years. Chief Elliott recommends that Sergeant Brad
Cragoe be named Emergency Management Director for 2017.
8. Consider Approval of Health Officer for 2017: In 2012, Dr. Michael Wilcox
of Scott County was named the city health officer and has continued to fulfill
this role for many years now. In most years his services are not needed. 2016
was an exception when he assisted the city on a building inspection and sub-
sequent demolition. His services are on a time and materials basis. It is rec-
ommended that Dr. Wilcox be named the City’s Health Officer for 2017.
9. Animal Control Officer for 2017: The City currently contracts with 4 Paws to
provide animal control services. The existing contract terminates on April 30,
2016. Unless the Council directs solicitation of bids or quotes, staff is recom-
mending 4 Paws continue to serve as the Animal Control Officer for 2017.
10. Weed Inspector: By statute, the Mayor is the weed inspector and may dele-
gate the function if desired. The function was delegated to Jake Theisen in
2013 through 2016. The same is recommended for 2017.
11. Designating Investment Authority: The attached resolution authorizes Fi-
nance Director Don Uram, City Manager Frank Boyles, and Accounting Man-
ager Cathy Erickson to open bank and investment accounts in the name of the
City of Prior Lake, conduct banking transactions, invest funds of the City and
execute all purchases and withdrawals associated with such investments. The
resolution is recommended for adoption.
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12. Bylaws and Compensation Work Group: Councilors Thompson and
McGuire served in 2016. The same is recommended for 2017.
13. Special Assessment Work Group: Two members of the Council are to be
appointed annually to serve on this group. The work group assists the Council
in implementation of the Special Assessment Policy as it relates to annual pub-
lic improvement projects. Councilors Keeney and Morton served in 2016.
Councilors Burkart and Thompson are recommended for 2017.
14. City Council Liaisons: Through the City Council liaison program, Coun-
cilmembers act as a communication conduit between the Council and advisory
bodies. The liaison position facilitates communication between the Council and
the advisory body and is a good way for Councilmembers to become familiar
with the operations and issues facing our advisory bodies. Liaisons are not
members of the committees.
Served in 2016 Proposed for 2017
Community Safety Rick Keeney Kevin Burkart
Communication / Technology A. Thompson Zach Braid
Lakes Advisory A. Thompson Kevin Burkart
Parks Advisory A. Thompson Mike McGuire
Planning Commission Monique Morton Zach Braid
Traffic Safety A. Thompson Kevin Burkart
15. City Manager Evaluation Work Group: The committee is responsible for
working with Lori Olson and the Council to complete the City Manager’s annual
evaluation. Councilor McGuire and Morton served in 2016. Councilor McGuire
and Thompson are recommended for 2017.
16. Annexation Task Force: Councilor Morton and Keeney served in 2016. Coun-
cilor McGuire and Braid are recommended for 2017.
17. Orderly Annexation Board: Councilor Morton served on this Board as the
chair and City’s representative in 2016. As long as the Orderly Annexation
Agreement exists, this three-person board representing the City, County and
Township is responsible for land use decisions in the annexation area. Coun-
cilor McGuire is recommended for 2017.
18. Watershed Liaison: Last year, the Council appointed Councilor Morton as
liaison to the Prior Lake Spring Lake Watershed District. Councilor Thompson
is recommended for 2017.
19. Minnesota Valley Transit Authority Board: In 2016 Councilor McGuire
served in this capacity. The MVTA Board terms are three years so Councilor
McGuire is once again recommended for this role.
20. Economic Development Authority Mayor Hedberg and Councilor Keeney
served on the EDA in 2016. The EDA Bylaws provide that, “all vacancies on
the EDA shall be filled by the mayor and approved by the city council.” The
bylaws further provide, “A vacancy is created in the EDA when a commissioner
is no longer eligible to serve or when their term of office ends.” Therefore, two
openings exist and the mayor recommends that he and Councilor Braid serve
in this capacity until the end of their terms of office.
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21. Snowmobile Task Force: The task force is charged with continuing relation-
ships with the snowmobile club, city and County representatives for the pur-
pose of keeping the sport of snowmobiling viable and safe in the City of Prior
Lake. Councilor Keeney served on this task force in 2016. Councilor Braid is
recommended to serve on this task force for 2017.
22. SCALE General Membership: Councilor Thompson served in 2016. Coun-
cilor Burkart is recommended for 2017.
23. SCALE Executive Committee: Mayor Hedberg served this committee in
2016. Mayor Briggs is recommended for 2017.
24. SCALE Steering 50 By 30: Councilor Keeney served on this committee in
2016. Mayor Briggs is recommended for 2017.
25. SMSC Liaison: Mayor Hedberg served as SMSC liaison for 2016. Mayor
Briggs is recommended for 2017.
26. ISD 719 Liaison: Mayor Hedberg acted as Council liaison with the School
Board in 2016. Mayor Briggs is recommended in 2017.
27. Suburban Transit Association: The City Council elected that the City be-
come a member of this group in 2010. Councilor McGuire served in 2016 and
is recommended to continue in 2017 due to his involvement with MVTA.
28. Hwy 169 Corridor Coalition JPA: Councilor Thompson served as a member
of this body in 2016. The same is recommended for 2017.
29. RiverSouth: Mayor Hedberg was the city representative in 2016. Mayor
Briggs is recommended for 2017.
30. City Council and EDA Advisory Committee Bylaws: The City Attorney and
Bylaws Compensation Committee (Councilors Thompson and McGuire) have
reviewed and recommended various updates to the attached bylaws for city
council consideration.
ISSUES: The City Council should determine if, on balance, this is an appropriate mix of
responsibilities for Council members which will both facilitate optimum operation
of our committees and input for our Council members.
FINANCIAL
IMPACT:
Per diems are paid by the City to reimburse city councilors for attendance at these
meetings.
ALTERNATIVES: 1. Address each appointment individually.
2. Act upon the appointments as a group.
3. Defer action on one, more or all the appointments.
RECOMMENDED
MOTION:
Alternative #1.
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 17-___
A RESOLUTION DESIGNATING INVESTMENT AND BANKING AUTHORITY
ON BEHALF OF THE CITY OF PRIOR LAKE
Motion By: Second By:
WHEREAS, the City of Prior Lake is organized as a municipal government under state statutes
and duly incorporated as a city in 1891; and
WHEREAS, the City is interested in designating and authorizing staff to conduct banking and
investment transactions; and
WHEREAS, the City is interested in investing its available funds at the highest rate of return
available subject to preservation of principal and in accordance with state statutes
and consistent with the cash flow needs of the City; and
WHEREAS, the City’s Investment Policy establishes the primary responsibility for such
investments to be charged to the City Finance Director.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. Frank Boyles, City Manager, Don Uram, Finance Director, and Cathy Erickson, Accounting
Manager are hereby designated with full power and authority to open bank and investment
accounts in the name of the City of Prior Lake, conduct banking transactions, invest such
funds of the City as deemed necessary, and to execute all purchases and withdrawals
associated with such investments.
PASSED AND ADOPTED THIS 9th DAY OF JANUARY, 2017
VOTE Briggs McGuire Thompson Braid Burkart
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
______________________________
Frank Boyles, City Manager
Specimen Signatures:
________________________________ ___________________________
Frank Boyles, City Manager Cathy Erickson, Accounting Manager
________________________________
Don Uram, Finance Director
Group Name Meeting Date Location Time Staff / Contact Liaison
Acting Mayor ----Mike McGuire
Annexation Task Force ---Larry Poppler
Katy Gehler
Mike McGuire
Zach Braid
Bylaws and Compensation Committee Annually in November TBD TBD Frank Boyles
Sarah Schwarzhoff
Annette Thompson
Mike McGuire
Chamber of Commerce Board Meeting 1st Wednesday Chamber of Commerce 8:30 AM Lori Olson Kevin Burkart
City Council Work Session 2nd and 4th Mondays Parkview 5:00 PM Frank Boyles All City Council
City Council Meeting 2nd and 4th Mondays Chambers 7:00 PM Frank Boyles All City Council
City Manager Evaluation Annually in November TBD TBD Lori Olson Mike McGuire
Annette Thompson
Community Safety Advisory Committee 2nd Thursday Parkview 4:00 PM Mark Elliot Kevin Burkart
Communications & Technology Advisory Committee 2nd Tuesday / odd month Parkview 5:30 PM Dave Elbon Zach Braid
Economic Development Advisory Committee 4th Thursday Wagon Bridge 7:30 AM Casey McCabe EDA Appointment
Economic Development Authority 3rd Monday Parkview 4:00 PM Dan Rogness Kirt Briggs
Zach Braird
Hwy. 169 Corridor Coalition Quarterly Various Locations 7:00 PM Larry Poppler Annette Thompson
ISD 719 Liaison (Teri Staloch, Stacey Ruelle)Quarterly Perkins in Savage 7:30 AM Frank Boyles Kirt Briggs
Intergovernmental Work Group Staff 4th Tuesday SMSC Public Works Conf. Rm.3:00 PM Frank Boyles -
Intergovernmental Work Group Staff and Mayor 4th Tuesday As Needed SMSC Public Works Conf. Rm.3:00 PM Frank Boyles Kirt Briggs
Lakes Advisory Committee 3rd Tuesday Wagon Bridge/Little Prior 3/4:30 pm Pete Young Kevin Burkart
Minnesota Valley Transit Authority 4th Wednesday Burnsville Bus Garage 4:30 PM Casey McCabe Mike McGuire
Orderly Annexation Board As Needed --Dan Rogness Mike McGuire
Parks Advisory Committee 3rd Thursday Wagon Bridge 6:00 PM Katy Gehler
Angie Barstad
Mike McGuire
Planning Commission 1st and 3rd Mondays Chambers 6:00 PM Jeff Matzke Zach Braid
PLSLWD Work Session 2nd Tuesday Wagon Bridge 4:30 PM Pete Young Annette Thompson
PLSLWD Board Meeting 2nd Tuesday Chamber 6:00 PM Pete Young Annette Thompson
Regional Council of Mayors 2nd Monday Dorsey Whitney, Mpls.11:30 AM Caren Dewar (612) 338-1332 Kirt Briggs
SCALE Executive Committee 1st Friday Parkview 7:30 AM Frank Boyles Kirt Briggs
SCALE General Membership 2nd Friday Parkview 7:30 AM Frank Boyles Kevin Burkart
SCALE Steering 50 by 30 4th Tuesday Parkview 10:30 AM Frank Boyles Kirt Briggs
Scott County Board (Gary Shelton, David Beer, Tom Wolf)Quarterly Edelweiss TBD Frank Boyles Kirt Briggs
SMSC (Bill Rudnicki, Charlie Vig)Quarterly TBD 7:30 AM Frank Boyles Kirt Briggs
Snowmobile Task Force Annually TBD TBD Mark Elliott Zach Braid
Special Assessment As Needed TBD TBD Don Uram
Larry Poppler
Katy Gehler
Kevin Burkart
Annette Thompson
Suburban Transit Association Quarterly As Needed Messerli & Kramer, St. Paul 11:30 AM Casey McCabe Mike McGuire
Technology Village Board Meeting 1st Tuesday Little Prior 7:30 AM Casey McCabe EDA Appointment
Technology Village Work Session 3rd Tuesday Little Prior 7:30 AM Casey McCabe EDA Appointment
Traffic Safety Advisory Committee Quarterly As Needed Parkview 3:30 PM Larry Poppler Kevin Burkart
Liaison Appointments & Meetings List 2017
12/29/2016
CITY OF PRIOR LAKE, MINNESOTA
Mayor and City Council
Bylaws
Adopted on May 27, 1986
Revised:
January 1991
January 1993
May 1993
January 1994
January 1995
January 1996
January 1997
May 1997
January 1998
March 1998
January 1999
April 2000
October 2002
March 2006
May 2006
June 2007
November 2008
September 2009
January 2011
June 2012
March 2013
January 2014
March 2014
January 2015
January 2016
January 2017
FRANK BOYLES, CITY MANAGER
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TABLE OF CONTENTS
Section # Topic Page #
Section 100 Purpose 3
Section 200
Regular, Special and Emergency Meetings and Work
Sessions 3
Section 300 Annual Meeting 5
Section 400 Meeting Agenda Format and Consent Agenda 5
Section 500 Quorum and Voting Procedures 8
Section 600 Minute Preparation 9
Section 700 Roles at Meeting 10
Section 800 Motions, Resolutions, Ordinances 11
Section 900 Public Hearing Format 12
Section 1000 Committee Structure 14
Section 1100 Suspension of Rules 17
Section 1200 Travel and Reimbursement for Expenses 17
Section 1300 Statement of Ethics 19
Section 1400 City Council Recognition 21
Appendix A Types of Motions 22
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SECTION 100:
PURPOSE
101: PURPOSE: The purpose of the Prior Lake City Council Bylaws is to provide the
members of the City Council with a set of operatingon procedures designed to guide
them during the Council meetings, and to establish a code of ethics and conduct.
102: The Bylaws shall be considered and adopted at the annual meeting of the Prior Lake
City Council. The Annual Meeting is the first regular meeting in January. Bylaws can be
reviewed and amended at any meeting other than the annual meeting. Any changes or
amendments to the Bylaws shall follow this procedure:
102.1 A motion to amend is proposed.
102.2 A second to the motion is required.
102.3 Discussion on the Bylaws amendment occurs.
102.4 The vote is taken. A simple majority is required to pass the Bylaws at the annual
meeting. A super majority is required at any meeting other than the annual
meeting unless otherwise provided by these bylaws, State Statute or City Code.
103: These Bylaws shall govern the procedures of the Prior Lak e City Council immediately
upon adoption. If an issue is raised which is not covered in the Bylaws, the procedures
to respond to the issue shall be governed by Robert's Rules of Order Revised. Failure to
comply with these Bylaws or Robert's Rules of Order shall not invalidate Council action
unless at the time the action is taken a member of the Council raises a parliamentary
objection and advises the Council of the particular rule which was not observed. If these
Bylaws conflict with State or Federal law, or the City Code the State or Federal law or
City Code, as applicable, shall govern.
SECTION 200:
REGULAR, SPECIAL AND EMERGENCY MEETINGS, AND WORK SESSIONS
201: Except as otherwise provided in the Minnesota Open Meeting Law, M.S.A. Chapter 13D,
all meetings of the City Council, including regular, special, emergency, work sessions,
and adjourned meetings shall be open to the public.
202: REGULAR MEETINGS: The City Council shall establish a regular meeting schedule.
Notice of all meetings, both regular and special, shall follow the requirements of the
Minnesota Open Meeting Law. All regular meetings shall be held in the designated City
Council Chambers.
When a regular meeting is projected to fall on an official holiday, the City Council shall
reschedule the meeting for the following business day.
The City Manager may cancel or reschedule a regularly scheduled Council meeting
when appropriate, including but not limited to the following: there will not be a quorum of
the City Council present; weather conditions develop or are forecast that make
attendance at the meeting impractical, imprudent, or dangerous for the Council
members, staff and public; or the amount of business pending does not warrant a
meeting.
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The City Manager shall post any decision to reschedule or cancel a meeting. The
procedures provided for in the Open Meeting Law shall be followed. In addition, notice
shall be posted on the City website.
In a situation where the City Manager learns prior to a scheduled meeting that there will
not be a quorum of the Council available to attend a scheduled meeting; or when
weather conditions develop or are forecast prior to a scheduled meeting that make
attendance at the meeting impractical, imprudent, or dangerous for the Council
members, staff and public, the City Manager may cancel a meeting. When a meeting is
cancelled based on such contingencies, the City Manager shall use all means
reasonably available to announce the cancellation; however, posted notice shall suffice.
A City Council member shall inform the City Manager when an absence is planned or
pending prior to the meeting.
203: SPECIAL MEETINGS: Special meetings may be called by the Mayor or any two (2)
members of the City Council by writing, filed with the City Manager. The City Manager
shall then provide notice to all members of the time and place of the meeting. Notice
shall be posted at City Hall and provided to any member of the public or news media
who have requested notification in writing. All notice for special meetings shall comply
with the Minnesota Open Meeting Law.
204: The agenda for a regular meeting will be prepared by the City Manager and shall be
available the Wednesday before the following Monday meeting, except in the event of a
holiday during agenda preparation week in which case the agenda will be available on
Thursday. The agenda shall include the items set forth in Section 400 - Meeting Agenda
Format and Consent Agenda. Copies of the agenda, supporting documentation and
minutes from the previous meeting will be made available to the public once they are
delivered to the Council members.
204.1 A copy of the agenda materials will be available in the Council Chambers for
public inspection at the time of the meeting.
204.2 Agenda materials will also be available online through the City's website on the
Friday preceding the City Council regular meeting.
204.3 If distribution of an agenda item or materials relating to the agenda item is
delayed and not distributed as part of the Council agenda package, the agenda
shall indicate when the materials will be distributed. Once distributed to the
members of the Council the materials shall be included in the agenda materials
on the City website and with the agenda materials for public inspection at the
time of the meeting.
2045: EMERGENCY MEETINGS: The Mayor or City Manager may call an emergency
meeting. Notice of the emergency meeting shall be given by either telephone, fax,
electronic communication or written notice to members of the City Council. Notice shall
be provided to each news medium and individual that has filed a written request for
notice. Posted or published notice of an emergency meeting shall be in accordance with
the requirements of the Minnesota Open Meeting Law. An "emergency" meeting is a
special meeting called because of circumstances that require immediate consideration
by the City Council.
2056: WORK SESSIONS: The City Manager may schedule work sessions subject to Council
approval. The purpose of the work sessions is to afford the City Council, City Manager
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and City staff the opportunity to discuss policy matters in a more informal environment.
Public input will not be allowed unless specifically scheduled in the agenda or requested
by the Council at the meeting. The work session may be canceled at the discretion of the
City Manager. Work sessions will not be televised and minutes will not be taken. The
topic of the work session shall be reflected in the City Council agenda.
2046: AGENDAS: The City Manager shall prepare agendas for all meetings. The agenda for a
regular meeting will be prepared by the City Manager and shall be available the
Wednesday before the following Monday meeting, except in the event of a holiday
during agenda preparation week in which case the agenda will be available on
Thursday. The agenda shall include the items set forth in Section 400 - Meeting Agenda
Format and Consent Agenda. Copies of the agenda, supporting documentation and
minutes from the previous meeting will be made available to the public once they are
delivered to the Council members. The agenda for a special meeting or an emergency
meeting shall be included in the notice. The agendatopic of the for a work session shall
be reflected in the City Council agenda.
204.1 A copy of the agenda materials will be available in the Council Chambers (or
other location of the meeting) for public inspection at the time of the meeting.
204.2 Agenda materials will also be available online through the City's website on the
Friday preceding the City Council regular meeting or workshop and as soon as
available for a special meeting or emergency meeting.
204.3 If distribution of an agenda item or materials relating to the agenda item is
delayed and not distributed as part of the Council agenda package, the agenda
shall indicate when the materials will be distributed. Once distributed to the
members of the Council the materials shall be included in the agenda materials
on the City website and with the agenda materials for public inspection at the
time of the meeting.
SECTION 300:
ANNUAL MEETING
301: The first regularly scheduled meeting in January shall be referred to as the annual
meeting. Regular business may be conducted at this meeting and the following
organizational business is required if applicable unless scheduled at an earlier meeting
or deferred by the Council for a specific reason:
301.1 Swear in newly elected officials, if applicable.
301.2 Appoint Acting Mayor. At its first meeting each year the Council shall appoint an
acting mayor from the Council members. The Mayor shall recommend a council
member to serve as acting mayor and the Council will affirm or deny the
recommendation. The acting mayor shall perform the duties of mayor during the
disability or absence of the mayor from the City or, in case of vacancy in the
office of mayor, until a successor has been appointed and qualifies. MN Stat.
412.121. The acting mayor, in the absence of the mayor, is known as the Mayor
Pro Temp. (“Mayor for the Time”)
301.3 Appoint the official newspaper.
301.4 Designate the official bank, appoint an auditing firm, appoint a fiscal consultant
and designate investment authority.
301.5 Designate the Local Board of Appeals and Equalization.
301.6 Appoint an auditing firm.
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301.7 Appoint a fiscal consultant.
301.86 Designate an emergency management director, a health officer, and an animal
control officer.
301.9 Designate a health officer.
301.710 Appoint Council members to serve as liaisons to the various City advisory
committees.
301.811 Approve City Council and City Council appointed committee bylaws and
procedures.
301.12 Approve City Council bylaws.
301.13 Designate an animal control officer.
301.914 Adopt the yearly fee schedule.
301.16 Appoint the Special Assessment Committee.
301.107 Other designations, approvals or appointments as may be appropriate.
302. Items normally scheduled for the annual meeting may be considered at an earlier
meeting at the discretion of the City Council.
SECTION 400:
MEETING AGENDA FORMAT AND CONSENT AGENDA
401: Business of the meeting will be conducted according to the agenda prepared by the City
Manager. The City Manager will prepare an agenda that follows this order:
401.1 Call to Order and Pledge of Allegiance
401.2 Public Forum
The City Council Agenda sheet shall include the following statement: “The
public forum is intended to afford the public an opportunity to address
concerns to the City Council. The public forum will be no longer than 30
minutes in length and each presenter will have no more than ten (10) minutes
to speak. Topics of discussion are restricted to City governmental topics
rather than private or political agendas. Topics may be addressed at the
public forum that are on the agenda. However, topics that are the subject of a
public hearing are best addressed at the public hearing, not at public forum.
Therefore, topics may not be addressed at public forum if: (i) the topic has
been the subject of a public hearing before the City Council or any City
Advisory Committee and the Council has not taken action on the topic; or (ii)
if the topic is the subject of a public hearing for which notice has been
published in the City’s official newspaper, or a continued public hearing or
public information hearing before the City Council or any City Advisory
Committee. During public forum, a member of the public may request that
the City Council consider removing an item from the Consent Agenda
following the procedure set forth in Section 401.5. The City Council may
discuss but will not take formal action on public forum presentations. Matters
that are the subject of pending litigation are not appropriate for the forum.”
Every individual who addresses the Council at the forum must first be
recognized by the presiding officer and then shall state his/her name and
address before beginning any comments. The City Manager shall be the
timekeeper for the Forum so that each speaker receives an appropriate
amount of time.
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No Council action may take place during the forum. However, council
members may express their views or reaction to a presentation and may ask
questions of the presenter.
At the conclusion of the public forum, the Council may, by motion and
majority vote unless otherwise provided by these bylaws, State Statute or
City Code, indicate its interest that the subject presented at the Public forum
be placed on a subsequent City Council agenda.
Items to be considered on the agenda may be addressed at the public forum
consistent with the limitations set out in Section 401.2 of these Bylaws.
Presentations at the public forum must be consistent with Section 901.6 of
these Bylaws.
If any council member deems that the comments are not germane to issues
within the purview of the City Council, the council member may appeal to the
presiding officer to request the speaker yield the podium. Further, any council
member may object to the appeal to the presiding officer to request a speaker
yield the podium, in which case, the presiding officer shall put the matter to a
vote of the Council.
Public forums are included as part of the regular meeting minutes and
cablecast live.
The presiding officer shall have the authority to adjourn the public forum,
censure a speaker or take other action as deemed appropriate if there is a
breach of decorum.
401.3 Approval of Agenda
The City Council may, by motion, add, delete or change the order of an item
to be considered on the agenda except it may not begin a public hearing
before the time specified in the public notice.
401.4 Approval of Minutes
401.5 Consent Agenda
With the adoption of these Bylaws, a Consent Agenda is created. The
purpose of the "Consent Agenda" is to group items of a routine and non-
controversial nature for consideration under one motion. Discussion of items
placed on the "Consent Agenda" shall be limited to brief comments or
questions. If extensive discussion of an item on the "Consent Agenda" is
desired, any member of the Council may request the item be removed from
the Consent Agenda and considered separately.
The City Manager shall determine what items may be considered routine and
non-controversial; and therefore appropriate for inclusion as a Consent
Agenda item. To provide the City Manager with guidance, the following types
of items tend to be routine and non-controversial: grant deeds, grants of
easements, adoption of ordinances and resolutions previously considered by
the city council, investment report, quarterly budget report, treasurer's report,
animal control report, building inspection report, non-controversial license
requests, standard development contracts, calls for bid, reports of
administrative actions and proposals, leases and agreements previously
approved in principle, reports for filing or setting dates for public hearings,
approval of payment of contracts, approval or denial of claims, award of bids,
and other items of a like nature that the City Manager considers routine and
non-controversial.
The City Council Agenda sheet shall include the following statement: “Those
items on the Council Agenda which are considered routine and non-
controversial are included as part of the Consent Agenda. Unless the Mayor
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or a council member specifically requests that an item on the Consent
Agenda be removed and considered separately, Items on the Consent
Agenda are considered under one motion, second and vote. Any item
removed from the consent agenda shall be placed on the council agenda
under “Removed Consent Agenda Items.”
401.6 Presentations and Proclamations
The City Manager may schedule presentations and proclamations before the
City Council giving preference to presenters and topics that relate to City
governmental business.
401.7 Public Hearings
401.8 Old Business
401.9 New Business
401.10 Removed Consent Agenda Items
Any item removed from the Consent Agenda shall be placed here for
separate Council discussion and consideration.
401.11 Other Business - Including Community Events and Council member Reports
Members of the City Council and staff may present items under Other
Business that will be discussed and deliberated for the first time. These items
should, for the most part, be informational. The City Council has the authority
to request action or take a formal position on the item(s); however, this shall
be done on an item-by-item basis.
401.12 Adjournment
402: CITY MANAGER TO DETERMINE AGENDA: It shall be the responsibility of the City
Manager to prepare and decide the City Council agenda. The City Manager shall be
responsible for overseeing and reviewing the preparation of all agenda items.
402.1 If a member of the public requests to appear before the City Council or requests
an item to be placed on the Council agenda, the City Manager shall determine
whether the item should appropriately be considered by the City Council at a
regular meeting.
402.2 If the City Manager determines that an item should not be placed on a City
Council agenda, the City Manager may recommend that the individual appear at
a City Council Forum.
402.3 The City Manager shall maintain a list of items scheduled to appear on meeting
agendas. The City Manager shall endeavor to manage the anticipated length of
Council meetings in order to assure each matter receives full and fair
consideration, and that the meeting can be concluded by 11 p.m.
402.4 The City Council maintains final authority to approve, disapprove or modify the
agenda.
403: The Mayor or Acting Mayor shall preside over all Council meetings. The presiding officer
may call a recess at any time during the meeting. Except for recesses for closed
meetings, the presiding officer shall announce the length of the recess. The purpose of
the recess is to provide the City Council, City staff and the public attending the meeting
with a short rest period from the Council business. The presiding officer may also
recess or adjourn a meeting if a member(s) of the public is behaving in a disruptive
manner or using inappropriate language.
404: Unless waived by motion, second and majority vote, no agenda item shall be initiated
after 11 p.m. If a motion to extend the meeting is tendered, it shall include the time the
meeting is to be adjourned. A meeting, once extended, must be adjourned at or prior to
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the time specified in the approved motion to extend.
SECTION 500:
QUORUM AND VOTING PROCEDURES
501: At each meeting, a majority of all the members elected (3 out of 5) shall constitute a
quorum for the transaction of business.
502: The voting options available to the City Council when a vote has been initiated are: “aye”
– an affirmative vote; “nay” - a negative vote. A council member may abstain only when
they have a disqualifying conflict of interest as determined by the City Attorney.
503: Three votes shall be necessary for approval of any ordinance unless otherwise provided
by these bylaws, State Statute or City Code. A majority vote of members present at a
meeting, which must be at least a majority vote of a quorum, is necessary for the
approval of all general motions and resolutions unless otherwise provided by these
bylaws, State Statute or City Code.
504: When a question is put before the Council by the presiding officer, every member
present shall vote. If a member intends to abstain from voting based upon a disqualifying
conflict of interest, the council member must advise the presiding officer of the nature of
the conflict. Otherwise, any council member, who being present when his or her name is
called fails to vote upon any then pending proposition, shall be recorded as having voted
in the affirmative unless otherwise provided by these bylaws, State Statute or City Code.
505: VOTING PROCEDURE: An agenda item shall be put before the City Council by the
Mayor for its consideration. The agenda item should be considered in the following
manner:
505.1 The City Manager or the Manager’s designee will provide the City Council with a
description of and presentation on the item and the action requested of the
Council.
505.2 Following the presentation Council members may ask questions of City staff or
provide information concerning the agenda item. If a council member intends to
recognize a member of the public for the purpose of asking a question it should
be done so at this point and not once the matter has been formally put before the
Council by motion and second.
505.3 Discussion of the agenda item by the Council requires a motion and second to
formally put the matter before the Council.
505.4 Council members may, at this point, ask further questions of staff, present their
views and engage in a dialogue with other members of the Council. The Mayor
should manage the discussion by calling upon and recognizing Council members
to speak.
505.5 After discussion concludes, the presiding officer shall call for a vote on the
pending motion.
505.7 When a vote is to be taken, the presiding officer shall first call for the ayes, then
the nays. The votes of each member shall be recorded in the Minutes. If a
member of the City Council is absent during a vote, the member's vote for the
official Minutes shall read as "absent.”
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SECTION 600:
MINUTE PREPARATION
601: The City Manager is responsible for the preparation of the minutes of the meeting. The
meeting proceedings will be audio-recorded and written minutes will be prepared. The
written minutes of the meeting as approved by the City Council are the official record of
the meeting. The audio recording is intended to supplement the minutes for the purpose
of an "on the record review" in a judicial proceeding. A DVD video recording may also
be prepared for the purpose of rebroadcast of the meeting on the City’s public access
cable channel. The following two requirements for "minute" preparation shall be
adhered to:
601.1 All motions typed in capital letters.
601.2 List the names of the City Council Members after their vote on each motion.
602: The official minutes shall be prepared and presented to the City Council at the next
regularly scheduled meeting as part of the agenda packet. The text of the minutes shall
consist of official Council business conducted while the Council is in session. Any
comments made at a meeting that are made prior to the start of or after adjournment of
the meeting, or during any recess, shall not be made part of the minutes. The City
Council shall review the minutes and the presiding officer shall call for any additions or
corrections. If an addition or correction is presented, the change must be specific as to
place, paragraph, and sentence, if applicable. The official minutes shall be corrected to
reflect the change.
603: Approval of the minutes requires a motion, second and a majority vote of the members
present at the meeting unless otherwise provided by these bylaws, State Statute or City
Code. Council members who were not present at the meeting for which the minutes are
being approved shall abstain from voting on the action to approve the minutes.
604: The City Manager is responsible for the maintenance and filing of the minutes.
604.1 The approved minutes shall be retained as a permanent record of the Council
meeting.
604.2 The approved minutes of the past twelve months of Council meetings shall be
available on the City Website.
604.32 All audio and video DVD recordings will be retained in accordance with
the City's data retention schedule.
605: A verbatim transcript of all or any part of a meeting may be requested by a member of
the general public. A fee for the transcript shall be in accordance with the City’s official
fee schedule unless the City has, for its own purposes, previously prepared a verbatim
transcript, in which case the individual requesting a copy of the transcript shall pay the
City's standard photocopy charge.
SECTION 700:
ROLES AT MEETING
701: All meetings of the City Council shall comply with the Minnesota Open Meeting law,
which requires meetings (with few exceptions) of all municipal bodies to be open to the
public. The City Council of Prior Lake encourages citizen attendance. Public attendance
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at meetings of the Council helps to develop a more enlightened, interested and
participatory citizenry.
702: Any council member may recognize a member of the public for the purpose of asking
question(s) relating to the matter under consideration by the Council. Members of the
City Council must use judgment and discretion when recognizing members of the public
to answer a question during the time they have the floor.
703: Members of the Council may also ask questions of staff in order to clarify their
understanding of the relevant information necessary to make an informed judgment. In
preparation for Council meetings, Council members shouldmay want to consider
contacting the City Manager, in sufficient time prior to the meeting, to advise of the
question they intend to ask in order for the City Manager to attempt to bring the
additional information to the Council meeting.
704: The Mayor has the same power to make or second a motion and to vote as do the other
members of the Council. The Mayor may vote on all motions and he/she does not have
any extra voting powers if the vote results in a tie, except as may be authorized by state
statute.
705: The Mayor shall be the presiding officer at all meetings. If the Mayor is absent, the
Acting Mayor shall preside at the meeting. If the Mayor and Acting Mayor are absent, the
City Manager shall call the meeting to order and preside until such time the City Council
elects among itself a member to preside at the meeting. The presiding officer, at all
times, shall be allowed to vote in the same manner as all other members of the Council.
706: The presiding officer has two unique powers: (1) interpreting and applying the rules of
procedure; and (2) recognizing speakers from the audience.
707: The presiding officer is responsible for maintaining order at the meetings.
708: The presiding officer shall recognize all speakers from the audience, except when a
member of the Council has the floor and they expressly recognize a member of the
audience to answer questions relating to the issue under consideration.
709: The presiding officer has the responsibility to facilitate discussion by the City Council.
This may occur in a variety of ways, including:
709.1 Interpret and apply rules of procedure.
709.2 Decide whether motions are properly made.
709.3 Decide whether motions are in order.
709.4 Decide whether questions of special privilege ought to be granted.
709.5 Decide when to recognize speakers.
709.6 Call for motions or recommend motions.
709.7 Expel disorderly persons from the meeting.
709.8 Enforce speaking procedures.
710: All members of the City Council may make and second motions, participate in
discussions and vote whenever a vote is taken.
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711: As individuals, Council members have no administrative authority. When acting as a
Council, however, the legislative body has authority over the appointed City Manager.
712: The City Manager shall attend all meetings of the City Council with the right to take part
in the discussions, but not to vote. In the absence of the City Manager, the Assistant City
Manager or designated department head shall serve as the City Manager's
representative at the meeting.
713: Department Heads may attend all meetings. Department Heads shall attend the
meetings when directed by the City Manager.
714: A memorandum report or brief explanation of each agenda item shall be included in the
materials that accompany the agenda. The information provided by staff should serve to
inform the City Council on the subject matter under discussion. The information should
explain in detail the staff comments or work, or state that staff will present the necessary
details and comments at the meeting. If an agenda item requires more than a majority
vote, the agenda report shall specify the votes needed to pass the matter under
consideration.
SECTION 800:
MOTIONS, RESOLUTIONS, ORDINANCES AND PROCLAMATIONS
801: The City Council may take formal action in any of three methods - motions, resolutions
or ordinances. All motions in any form require a second unless otherwise stated herein.
All votes of the City Council in any of the three methods require a majority vote of those
members present at a meeting for approval unless otherwise provided by these bylaws,
State Statute or City Code.
802: MOTIONS: A motion is a matter of parliamentary procedure. Motions are a formal
method of bringing business before the Council and for stating propositions on which a
decision will have to be made. It also can be used in the form of a proposal so that the
City Council can act by resolution or by ordinance. Motions may be used to introduce
resolutions and ordinances, to amend them, and to take any other actions concerning
them. Motions may also be used for action on simple administrative acts, such as
approving the monthly department reports, or directing the City Manager.
803: Every motion shall be stated in full and be reasonably understood before it is submitted
to a vote by the presiding officer.
804: RESOLUTIONS: Resolutions are normally used to reflect the City Council position on
items of business that do not require or warrant an ordinance. Resolutions may be
enacted on a motion, which has been duly seconded, and receives a majority vote of
those members present at the meeting unless otherwise provided by these bylaws, State
Statute or City Code. The City Manager will maintain a record of all resolutions and will
be responsible for the proper numbering and execution of each resolution adopted by
the City Council.
804.1 Notwithstanding other instances where resolutions may be needed, resolutions
are required to authorize the execution of any contract exceeding $20,000 or as
otherwise specified in the City's purchasing policy.
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805: ORDINANCES: An ordinance is a law governing or regulating some activity that is
properly within the power of the Council to regulate. Ordinances shall be used when the
City Council action regulates or governs people or property. All police regulations for
public health, morals, economic well-being, welfare and safety must be passed in
ordinance form. Ordinances may also be used to provide permanent rules for the
organization and operation of the City Council. Ordinances may be enacted upon a
motion and a second. A majority of the members present must vote in the affirmative for
the ordinance to pass unless otherwise provided by these bylaws, State Statute or City
Code
806: An ordinance shall become effective upon passage and publication unless otherwise
specified in the ordinance. Consistent with State Statute the Council may authorize
publication of a summary of the ordinance rather than its full text. The Council, by
motion, must approve and authorize the proposed summary. Proof of publication shall
be attached to and filed with every ordinance.
807: All ordinances shall be reviewed by the City Attorney prior to presentation to the Council.
The ordinance format includes: title; number; enacting clause; the contents or body; the
penalty; the closing; the attestation, publication date and the effective date. The City
Manager will maintain a record of all ordinances and will be responsible for the Prior
Lake City Code and codification requirements. The Council may authorize the City
Manager to contract for codification services.
808: PROCLAMATIONS: Proclamations are used to show the City Council’s support for a
cause, person or organization. Proclamations may be read aloud and presented by the
Mayor on behalf of the City Council.
SECTION 900:
PUBLIC HEARING FORMAT
901: Public Hearings shall be conducted in the following manner:
901.1 The presiding officer announces the agenda item that is the subject of the public
hearing.
901.2 It is the intent of the City Council to open all public hearings at the time indicated
in the public hearing notice, or as soon as possible thereafter. From a practical
standpoint, not all hearings can be opened at their designated time. The Council
may delay the start of a hearing until the pending business is acted upon.
However under no circumstances may a public hearing be opened prior to the
time specified in the notice and published in the official newspaper.
901.3 Staff and/or a consultant make a presentation or report on the subject matter of
the public hearing.
901.4 At the conclusion of any presentation or remarks by staff and/or a consultant, the
presiding officer asks the City Council members if they have questions of the
staff or consultant.
901.5 The presiding officer requests a motion and second from a member of the
Council to open the public hearing and calls for a vote.
901.6 The presiding officer declares the public hearing opened, announces the time
and then proceeds to ask for citizen input, comments and questions.
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901.6.1 Members of the public, interested parties or their authorized
representatives may address the City Council orally. If the speaker
intends to present written or hard copy materials to support their
presentation to the Council, they must provide the staff, at the time of
their presentation or before, nine (9) copies of the original for
distribution to Council members, the City Manager, and City staff. If
the materials are lengthy the members may not have sufficient time
to review the materials during the presentation; please consider
providing materials in advance to allow the members sufficient time
for review. The materials will be included in the public record. If the
speaker intends to present audio or video materials to support their
presentation to the Council, such materials must be in an electronic
format that is compatible with the City’s existing equipment. An audio
or video presentation may not introduce testimony from any person
other than the author. The electronic materials should be submitted to
the staff by 12:00 p.m. noon of the day of the meeting. The City will
use best efforts to play audio or video presentations, however, if there
are technical or other issues the City will not disrupt a meeting in
order to play the presentation. All materials including audio and video
presentations are subject to the presiding officer’s judgment relating to
timeliness and relevance.
901.6.2 If unable to attend the meeting, members of the public, interested
parties or their authorized representatives may submit written
comments and supporting materials. Nine (9) copies of the comments
and materials must be submitted to the City staff prior to the Council
meeting. The comments and materials will be distributed to Council
members, the City Manager, and City staff. The written comments
and materials will become part of the record, but will not be read aloud
at the meeting
901.6.3 If unable to attend a meeting, members of the public, interested
parties or their authorized representatives may submit testimony to
the City Council using a prerecorded audio or video communication.
An audio or video communication must be in an electronic format that
is compatible with the City’s existing equipment. An audio or video
presentation may not introduce testimony from any person other than
the author. The author of the recorded testimony must provide nine
(9) copies to the City staff at least seven (7) calendar days prior to the
meeting in order to allow staff an opportunity to view the presentation
and prepare a written summary. The recorded testimony and
summary prepared by the staff will be provided to the City Council as
part of their Council agenda package. The audio or visual
communication may be used by individual Council members in
preparation for the Council meeting, but will not be played during the
meeting. The presentation and the summary will become a part of the
public record. Generally, Council agenda packages are distributed to
members of the City Council on the Wednesday preceding the
meeting.
901.7 After all persons have been heard, the presiding officer will ask whether there are
any other persons in attendance who want to be heard on the matter pending.
The presiding officer will explain that the Council is going to deliberate and that
the Council may not take any additional public comment prior to closing the
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hearing and taking action. The presiding officer will then ask one more time
whether there are any other persons in attendance who want to be heard on the
matter pending.
901.8 The City Council addresses the subject matter through deliberation. The Council
may ask questions of the staff and City Attorney. Council members should
refrain from calling upon a member of the public except for limited, relevant
information.the sole purpose of asking a question that can be answered by a
“yes” or “no” response.
901.9 Once deliberations are complete, the presiding officer requests a motion. There
are two (2) possible motions, seconds and votes related to the hearing:
A motion and second to close the public hearing. Once the vote is taken, the
public hearing is closed. The presiding officer announces, for the record, the
time the public hearing is closed; or
A motion and second to continue the public hearing to a date certain. The
presiding officer, in consultation with the City Manager and Council members,
shall select and announce a time and date certain for the continued public
hearing. No additional publication or notice are needed if a hearing is
continued to a later specified date. No public hearing may be continued more
than once without re-notice, publishing the time, date, location and subject of
the public hearing.
901.10 If the public hearing has been closed, rather than continued until a date certain,
the City Council may take action on the subject matter by separate motion or by
combined motion with the closing of the public hearing.
SECTION 1000:
COMMITTEE/TASK FORCE/WORK GROUP STRUCTURE
1001: TYPES OF COMMITTEES/TASK FORCES/WORK GROUPS
1001.1 Special City Council CommitteesTask Forces. In order to balance effective
administration with the public interest, tThe Council may from time to time
establish task forcesspecial committees by designating two (2) Council members
to consider a specific issue. Council members will be appointed to the task
forcesspecial committees on an annual basis. Task forcesSpecial committees
established by the Council are generally established to deal with single
transactions or projects as they arise. The membership of a special committee
does not extend beyond the appointed City Council members and staff liaisons.
The responsibilities of the task forcespecial committee are limited to gathering
information and making recommendations to the City Council or City staff. A task
forcespecial committee has no authority to filter information or make decisions on
behalf of the City Council. Special committees may be required to provide
periodic status reports as requested by the City Council or upon their own
initiative. Examples of task forcesspecial committees of the City Council include:
Bylaws & Compensation Task ForceCommittee
City Manager Evaluation Task ForceCommittee
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Annexation Task Force
Special Assessment Committee Task Force
1001.2 Research Work Groups. The City Council may establish from time to time
temporary research work groups to study, research, analyze and make
recommendations to the Council or City staff on a particular issue or subject
matter. There is no limit to the size of a research work group. The number of
committee members, the purpose of the committee and the duration of the
committee will be determined by the City Council. Generally the composition of
research work groups include up to two Council members, City staff, and
members of the public. Research work groups may only deal with those issue or
projects assigned to them by the City Council (conduct investigations, make
reports on facts, interview individuals, and gather information and/or public input).
A research work group may not make decisions independent from the City
Council. Research work groups will be required to make periodic reports to the
City Council on their progress. The City Council may use either a motion or
resolution to establish a research work group depending upon the subject matter.
These committees may include, for example:
Water Treatment Plant Committee
Tree Preservation Task Force
Heritage Committee
Snowmobile Task Force
County Road 21 Advisory Committee
Research work groups are expected to be short-term in nature and to disband
upon completion of the assigned task, but no later than the assigned end date
determined by the City Council. Only action by the City Council may extend the
life of a research work group, and the Council must determine a new end date for
the group. In some cases, the City Council may decide that the work of the
research work group should continue on a permanent basis, in which case the
City Council must determine whether to convert the research work group to either
(1) an advisory committee as outlined in Section 1001.3 of these bylaws, or (2) a
special City Council subcommittee as outlined in Section 1001.1 of these bylaws.
1001.3 Advisory Committees. The City Council may establish advisory committees to
monitor significant issues in the community of on-going concern. Advisory
committees are composed of citizen volunteers appointed by the City Council, or
a combination of citizen volunteers, appointed City Council members, and City
staff. Advisory committees are limited to making recommendations to the City
Council or City staff and have no authority to make decisions on behalf of the
City Council.
An advisory committee’s Bylaws reflect any unique circumstances applicable to
the committee. Amendments to an advisory committee’s bylaws are
recommended by the advisory committee for approval by the City Council.
Amendments shall not take effect until thirty (30) days after their passage.
Advisory committees may meet with the City Council in a public workshop to
discuss goals and objectives, mutual concerns or questions and other business
as appropriate.
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Advisory committees may include, for example:
Planning Commission. (The Planning Commission has been established by
statutory authority and the structural composition and Commission rules are
set forth in the City Code.)
Park Advisory Committee
Lakes Advisory Committee
Communications and Technology Advisory Committee
Community Safety Advisory Committee
Traffic Safety Advisory Committee
1001.4 A list of the Council advisory committees and members shall be maintained on
the City Website.
1002: CITY COUNCIL LIAISONS TO CERTAIN ADVISORY COMMITTEES: Annually, the
City Council shall appoint at least one council member to serve as a liaison to the
Advisory Committees identified in Section 1001.3. The role of the liaison is to act as a
conduit and resource for information by and between the Council and the Planning
Commission or Committee. The liaison shall make periodic reports to the Council on the
activities of the Planning Commission or committee. The authority and involvement of
the liaison shall be established by each advisory committee’s bylaws.
A liaison may always testify or submit comments at a public hearing in their capacity as
a private citizen as long as they make clear at the beginning of their testimony or in their
written comments that they are speaking on their own behalf and not on behalf of the
Council.
1003: COMMITTEE VACANCIES: When the term of an individual serving on a committee/task
force/work group identified in Section 1001 expires, the individual may apply to be
reappointed if they have not exceeded their term limits and they have met or exceeded
the performance standards of the committee. An individual seeking reappointment or an
individual seeking to be newly appointed by the Council must follow the steps set forth
below for filling a vacancy on a committee. A vacant position on any committee/task
force/work group identified in Section 1001 shall be filled following the procedures set
forth below:
1003.1 Applications are solicited. A notice of the vacancy is made public and individuals
may be encouraged to consider the position. The notice shall state the deadline
for submitting applications.
1003.2 Screening Committee. The City Manager or his designee, the City Council liaison
to the committee, the staff liaison to the committee, and one member of the
committee/task force/work group appointed by majority vote of the
committee/task force/work group shall serve as the Screening Committee. An
individual subject to re-appointment may not sit on the screening committee.
1003.3 Appointment - Economic Development Authority (EDA). The Screening
Committee for EDA vacancies shall narrow the candidates down to up to three (3)
finalists per vacancy. The names of applicants are private data. Once finalists
have been selected, the names of the finalists become public data. The finalists
shall be interviewed by the Council and allowed to make a five minute presentation
regarding their qualifications and reasons for seeking the appointment. Members
of the Council may ask questions of the candidate, but the time used for questions
will not be counted against the candidates five (5) minute presentation. The Mayor
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shall then appoint one of the finalists and the Council shall vote on approval. If the
Council does not approve the finalist appointed by the Mayor, the Mayor may
appoint one of the other finalists for Council approval or may reopen the vacancy
to the public for new candidates.
1003.4 Appointment - All Others Committees. The Screening Committee for all other
vacancies shall interview all candidates who have applied for appointment or
reappointment and make a recommendation to the City Council. The
recommendation of the Screening Committee will be presented to the City Council.
The Council may accept or reject the recommendation. If the recommendation is
rejected, the City Council may appoint another individual or reopen the application
period and invite new candidates to apply.
1004: CITY COUNCIL ROLE ON OTHER COMMITTEES OR AUTHORITIES: There are
certain authorities, committees and commissions not under the City Council’s direct
control that a council member is appointed to and serves as a representative of the Prior
Lake City Council. These appointments should be distinguished from appointments to
serve as a Council liaison to the Planning Commission or a committee. A council
member appointed to serve as a member of such a committee, commission or authority
shall provide the City Council with periodic reports on the activities of the committee,
commission or authority and, unless provided with specific direction, exercise their
judgment on how frequently to report to the full Council. The authority, committee or
commission shall determine if the appointed council member has voting authority in
connection with its governing authority. Examples of these types of committees or
authorities include:
Three-member Orderly Annexation Board
Transit Review Board
Committees of the League of Minnesota Cities, Metro Cities, or National League of
Cities
SECTION 1100:
SUSPENSION OF RULES
1101: The City Council may vote to suspend the rules set forth herein. The rules may be
suspended for a specific meeting only upon a motion, second, debate, and a four-fifths
(4/5) vote of the members of the Council unless otherwise provided by these bylaws,
State Statute or City Code.
SECTION 1200:
TRAVEL & REIMBURSEMENT FOR EXPENSES
1201: The City of Prior Lake recognizes the need for and value in attending workshops,
conferences, public and private events, and meetings in the conduct of City business.
Such events may take place in the Minneapolis-St. Paul metropolitan area, in out-state
Minnesota, or out-of-state. The purpose of this section is to set forth the guidelines for
participating in such events, as well as reimbursement of expenses incurred as a result
of attendance.
1202: GENERAL CONDITIONS:
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1202.1 All expenses incurred by a Council member in connection with fulfilling their
duties to the City shall be reimbursable. Reimbursement of such expenses shall
be in accordance with these City Council Bylaws, City Code Section 105.300, and
state statute.
1202.2 Attendance at and reimbursement for events, workshops, conferences or
meetings within the Minneapolis-St. Paul metropolitan area and Greater
Minnesota do not require advance approval by the City Council as long as the
costs for attendance are within the approved City Council budget.
1202.3 Attendance at and the traveling budgets for events, workshops, conferences or
meetings conducted out-of-state, or not within the approved City Council budget,
must be authorized in advance by the City Council at an open meeting.
1202.4 In evaluating travel requests for approval, the purpose for attendance must meet
one of the following criteria:
The elected official will be receiving training on issues relevant to the City or
to his/her role as the Mayor or as a Council member.
The elected official will be meeting and networking with other elected officials
from around the country to exchange ideas on topics of relevance to the City
or on the official roles of local elected officials.
The elected official will be viewing a public facility or function that is similar in
nature to one that is currently operating at, or under consideration by, the City
where the purpose for the trip is to study the facility or function to bring back
ideas for the consideration of the full Council.
The elected official has been specifically assigned by the Council to testify on
behalf of the City at the United States Congress or to otherwise meet with
federal officials on behalf of the City.
1202.5 Council members attending events at City expense are expected to provide the
Council with a summary of the meeting.
1202.6 No reimbursements will be made for attendance at events sponsored by or
affiliated with political parties.
1202.7 The City must have sufficient funding available in the budget to pay the traveling
expenses for the event.
1202.8 The City may make payments in advance for airfare, lodging and registration if
specifically approved by the Council. Otherwise, all payments will be made as
reimbursements to the elected official.
1202.9 Reimbursement of expenses is intended to refund the actual costs incurred and
must be in accordance with the provisions of section 1203 herein.
1203: REIMBURSEMENT REQUIREMENTS: The City will reimburse for transportation,
lodging, meals, registrations and incidental costs if attendance at the event, conference,
workshop, or meeting is authorized in accordance with the above General Conditions. A
receipt must be submitted for reimbursement of all costs.
1203.1 Meals. Daily or event specific reimbursable meal costs are limited to $20.00 per
meal. In the case of out-of -state or overnight travel, reimbursable meal costs
shall not exceed $60.00 per day. Alcoholic beverages and meal expenses
included in the cost of registration are not reimbursable expenses.
1203.2 Lodging. Reimbursable lodging costs for travel within the Midwest are limited to
$200 per night. For travel outside the Midwest, reimbursable lodging costs are
limited to those that are reasonable and necessary, and as pre-approved by the
City Council when authorizing the out-of-state travel budget.
1203.3 Mileage. Mileage will be reimbursed at the IRS rate. If two or more Council
members are traveling together by car, only the vehicle owner will receive
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reimbursement. The City will reimburse for the cost of renting an automobile, if
necessary, to conduct City business. City vehicles should be used for City
Council business in lieu of rental when available.
1203.4 Tips. Tips paid as part of meal service shall not exceed 20% of the total bill and
are reimbursable in addition to the cost limits set for reimbursable meals above.
Tips and gratuities for services such as taxis are only reimbursable if a receipt is
provided, and in no case should exceed 20% of the cost of the service. Tips for
non-documented services, such as baggage handling or housekeeping, are
reimbursable in an amount not to exceed $10 per day.
1203.5 Airfare. Airfare shall be reimbursed at the coach rate. The elected official shall
use the most cost-effective mode of travel taking into consideration reasonable
time constraints.
1203.6 Non-Reimbursable Expenses. The City will not reimburse for personal telephone
calls, rental of luxury vehicles, recreational expenses such as movies, golf,
shows, or concerts, or the costs associated with the attendance of a family
member or person unauthorized to attend the event on the City's behalf.
1204: EXCEPTIONS TO POLICY: Any exceptions to the bylaws relating to expenses and
reimbursement must be approved by the City Council at an open meeting.
SECTION 1300:
STATEMENT OF ETHICS
1301: POLICY STATEMENT: The City of Prior Lake recognizes our system of democratic
representative government is dependent in large measure, upon people having trust and
confidence in their public officials. The public rightfully expects governmental officials
will conduct City of Prior Lake business in ways which benefit the public good generally
and that public office will not be used chiefly or improperly to advance personal interests.
The City Council of Prior Lake has pledged the goals of fair, efficient and honest
government will be fostered and that it will strive for integrity and objectivity from all of its
officials.
1301.1 The City of Prior Lake finds that the proper operation of democratic
representative government requires that:
Elected and appointed officials be independent, impartial and responsible to
the people;
Governmental decisions and policy are made in the proper channels of the
governmental structure;
Public office and position not be used for personal gain; and
The public have confidence in the integrity of its government.
1301.2 The City of Prior Lake shall adhere to the highest ethical standards that enhance
the public trust in local government by:
Creating transparency in its actions through honest and open communication;
Basing decisions and adopting public policies based on what is in the best
interest of the public and the overall community;
Supporting the public’s right to know the public’s business; and
Exercising fairness, optimism, responsiveness and respect in communicating
with the public.
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Providing a forum and periodic training for public officials and employees to
discuss organizational values that reflect high standards and current
conditions and concerns.
1301.3 This Statement of Ethics shall be liberally construed in favor of protecting the
public’s interest in full disclosure of conflicts of interest and promoting ethical
standards of conduct.
1302: CAMPAIGN FINANCE AND PUBLIC DISCLOSURE: Minnesota Statutes, Chapter 10A
(adopted as the Ethics in Government Act) is incorporated herein by reference. This
policy shall be construed and interpreted in consultation with the City Attorney according
to Minnesota Statutes and case law.
1303: GIFTS AND FAVORS: No public official shall accept any gift, including but not limited to
money, real or personal property, services, loans, mementos, food, beverages, or any
other favor or thing, regardless of value, from any interested person except as follows:
1303.1 a contribution as defined in Minn. Stat. Section 10A.01, Subd. 11.
1303.2 services to assist an official in the performance of official duties, including but not
limited to providing advice, consultation, information, and communication in
connection with legislation, and services to constituents.
1303.3 services of insignificant monetary value.
1303.4 a plaque or similar memento recognizing individual services in a field of specialty
or to a charitable cause.
1303.5 a trinket or memento costing $5 or less.
1303.6 informational material of unexceptional value.
1303.7 food or a beverage given at a reception, meal, or meeting away from the
recipient's place of work by an organization before whom the recipient appears to
make a speech or answer questions as part of a program.
1303.8 received:
(1) because of the recipient's membership in a group, a majority of whose
members are not local officials, and an equivalent gift is given or offered to the
other members of the group;
(2) by an interested person who is a member of the family of the recipient, unless
the gift is given on behalf of someone who is not a member of that family; or
(3) by a national or multistate organization of governmental organizations or
public officials, if a majority of the dues to the organization are paid from public
funds, to attendees at a conference sponsored by that organization, if the gift is
food or a beverage given at a reception or meal and an equivalent gift is given or
offered to all other attendees.
1303.9 received in exchange goods or services of equal value.
1304: USE OF EQUIPMENT AND FACILITIES: No public official shall request or permit the
unauthorized use of City-owned vehicles, equipment, materials, property, labor or
services for personal convenience or profit.
1305: CONFLICT OF INTEREST: Except as authorized in Minn. Stat. 471.88, a public officer
who is authorized to take part in any manner in making any sale, lease, or contract in
official capacity shall not voluntarily have a personal financial interest in that sale, lease,
or contract or personally benefit financially therefrom. (Minn. Stat. Section 471.87)
1306 A public official or local official elected to or appointed by a metropolitan governmental
unit who in the discharge of official duties would be required to take an action or make a
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decision that would substantially affect the official's financial interests or those of an
associated business, unless the effect on the official is no greater than on other
members of the official's business classification, profession or occupation, must take the
following actions:
1306.1 Advise the City Attorney of the potential conflict of interest as soon as possible,
preferably before the meeting; and
1306.2 The City Attorney shall determine whether a disqualifying conflict of interest
exists.
1306.3 Any council member shall orally inform the City Council of the potential conflict
and abstain from any participation in that agenda item if a conflict is determined
to exist.
1307: The purpose behind the creation of a rule, which would disqualify public officials from
participating in proceedings in a decision-making capacity when they have a direct
conflict of interest in its outcome, is to ensure that their decision will not be an arbitrary
reflection of their own selfish interests. There is no settled general rule as to whether
such an interest will disqualify an official. Each case must be decided on the basis of the
particular facts present. Among the relevant factors that should be considered in making
this determination are: (1) nature of the decision being made; (2) the nature of the
pecuniary interest; (3) the number of officials making the decision who are interested; (4)
the need, if any, to have interested persons make the decision; and (5) the other means
available, if any, such as the opportunity for review, that serve to ensure that the officials
will not act arbitrarily to further their selfish interests.
SECTION 1400:
CITY COUNCIL RECOGNITION
1401: COMMENDATION AND CENSURE: To the extent allowed by law, the City Council
desires to encourage appropriate behavior and discourage inappropriate behavior
among its members. The City Council, as a body, may by motion and four-fifths (4/5)
vote, commend or censure one of its own. If the act involves two members of the
Council, a majority vote is required.
1401.1 Commendation: A member may receive public commendation for the exercise of
positive leadership, community vision or other actions considered meritorious by
the City Council.
1401.2 Censure: A member may receive a public reprimand for failure to conform to any
provisions of these bylaws, state statute, misconduct at meetings, violating
confidentiality or the attorney-client privilege, absenteeism, disloyalty, a violation
of the standards of ethics or violating other value the City holds dear. The
purpose of the censure is to reprimand a council member with the hope of
reforming him or her so that he or she won’t behave in the same way again.
A motion to censure is amendable, debatable, requires a 4/5 vote and cannot be
reconsidered.
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APPENDIX A: TYPES OF MOTIONS AND PROCEDURES
The following motions will be available for use by the members:
1. Main Motion: An act to bring substantive proposals before the City Council for
consideration and action. After the motion is stated and seconded, the subject of the
motion may be deliberated and voted upon. Deliberation may take place by the Mayor,
Council, staff or the general public as long as the procedures for citizen input are
followed pursuant to these Bylaws.
2. Amend Main Motion: A main motion that is being deliberated and has not been voted
upon may be changed or modified by a motion, a second, deliberation and a subsequent
vote. The only motion that may be amended is the main motion.
3. Postpone Definitely Motion: A motion to put off consideration or discontinue discussion
of any motion on the floor and that which established a definite time for the motion to be
reconsidered. A motion to postpone definitely requires a second, deliberation and a
subsequent vote.
4. Vote Immediately Motion (Previous Question): A motion to prevent or stop deliberation
on a pending motion and to bring the pending motion to an immediate vote. A motion to
the "Previous Question" requires a second and a two-thirds majority vote to pass,
however, no discussion is allowed on the motion. Two votes are required when a
Previous Question motion is seconded. The first vote is to close the debate (requires two
thirds majority vote) and, if that passes, the second vote is then on the original motion
being deliberated prior to the Previous Question being called. If the close the debate
motion fails, then deliberation on the original motion continues.
5. Substitute Motion: This is a motion that replaces the motion being considered with
another motion on the same subject. A motion to substitute may be made for either a
main motion or an amendment to a main motion. A substitute motion requires a motion
and second. The Council then votes on the substitute motion and if that passes, the
original motion dies. If the substitute motion fails, the deliberation on the original motion
continues.
6. Withdraw a Motion: Any member of the City Council who has made an allowable
motion has the authority to remove the motion from consideration by the total body. If a
member desires to remove a motion that has been seconded, but not yet voted upon,
the member who has seconded the motion must consent to the request of the member
to remove the motion from consideration. If the motion has not been seconded, the
member may remove the motion from consideration by his/her own request.
7. Division of Motion: A motion that is composed of two or more independent sections or
ideas may be deliberated, considered and voted on separately. Each section or idea that
is to be voted on separately must be acted upon through a separate motion, second,
discussion and subsequent vote. Any member of the City Council may request a motion
to be divided into two or more individual motions.
8. Eligibility of Motion: The presiding officer may rule on the eligibility of a motion that has
been requested to be divided into two or more individual motions.
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9. Privileged Motion: These motions do not relate to pending business, but have to do
with special matters of immediate and overriding importance, which without any debate,
shall be allowed to interrupt the consideration of anything else. These motions can be
made at any time, even if another motion is being considered at the time, and they must
be settled or voted upon immediately. Motions to adjourn the meeting or take a recess
cannot interrupt a speaker, while a motion on a question of privilege or point of vote can
interrupt a speaker.
Privileged motions include:
Raise a Question of Privilege: Raising a question of privilege allows a member to make
a request or motion related to the rights and privileges of the members or an individual
members such as noise or temperature in the assembly room. The chair of the meeting
rules on questions of privilege.
Recess: A motion to recess may be made by any member and if approved results in
a short intermission and then resumption of business.
Adjourn: A motion to adjourn may be made by any member and if approved results in
the adjournment of the meeting.
10. Incidental Motion: These motions concern questions of procedure related to pending
business. Incidental motions can be made by any member of the City Council and are
taken up and decided immediately.
Point of Order: Whenever a member thinks that the rules of the City Council are
being violated, he/she can make a Point of Order. Whenever a question of the order
is called, the presiding officer shall make a ruling on whether the City Council rules
have been violated. If a Point of Order is to be raised, it must be raised promptly at
the time the violation occurs. This procedure does not require a second, is not
debatable and can be used to interrupt a speaker.
Appeal Decision of Chair: The presiding officer will be called on to rule on
questions of City Council procedure as set forth in these Bylaws. The decisions of
the presiding officer may be appealed by the City Council. A statement of appeal
constitutes a motion that, in turn, requires a second and the opportunity for
discussion.
11. Motions that Bring a Question before the Council again. These motions allow the
Council to consider a question that has already been considered.
Motion to Reconsider: A motion to reconsider any action taken by the Council may
be made at the meeting at which such action was taken or the regular meeting
following. Such motion must be made by one of the prevailing side, but may be
seconded by any member and may be made at any time and have precedence over
all other motions or while a member has the floor; it shall be debatable. A motion for
reconsideration requires only a majority vote regardless of the vote necessary to
adopt the motion reconsidered.
Renew a Motion: If a motion is defeated it can be reintroduced at a future meeting.
The same or substantially same motion is introduced at a later meeting as new
business.
Notwithstanding Robert's Rules of Order, a motion to "lay on the table" shall be debatable.
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CITY OF PRIOR LAKE
PRIOR LAKE ECONOMIC DEVELOPMENT AUTHORITY BYLAWS
Amended January 3, 1995
Amended January 2, 1996
Amended February 20, 1996
Amended October 21, 1996
Amended December 21, 1998
Amended April 16, 2001
Amended March 19, 2007
Amended October 18, 2010
Amended September 24, 2012
Amended February 11, 2013
Amended January 12, 2015
Amended January 11, 2016
Amended January 9, 2017
ARTICLE 1. NAME AND PURPOSE
1.1 The Prior Lake Economic Development Authority (EDA) is a public body politic and a political sub-
division of the State of Minnesota. The EDA shall have all the powers, duties, responsibilities and limita-
tions provided for in Minnesota Statutes Section 469.090 to 469.108 which statutes are incorporated by
reference as if fully set forth herein and in the Enabling Resolution passed by the Prior Lake City Council
creating the Economic Development Authority. The Enabling Resolution and these Bylaws may be
amended by the City Council from time-to-time.
1.2 The business of the Economic Development Authority shall include but not be limited to: promoting
growth, development and redevelopment of retail, commercial and industrial properties in Prior Lake; di-
versifying the City’s tax base; providing tools and incentives to achieve the Economic Vision Element in
the City’s 2030 Vision and Strategic Plan; and providing an incubator to generate ideas and initiatives to
support economic growth and vitality.
1.3 The affairs of the Economic Development Authority shall be conducted in accordance with these
Bylaws.
ARTICLE 2. OFFICES AND BOUNDARIES
2.1 The principal office of the EDA shall be in the City Hall of the City of Prior Lake, 4646 Dakota Street
SE, County of Scott, and State of Minnesota.
The EDA may also have offices at such other places as the commissioners of the EDA may from
time to time designate or as the business of the EDA may require.
2.2 The territory in which operations of the EDA are principally to be conducted consists of the City of
Prior Lake, Scott County, in the State of Minnesota.
ARTICLE 3. BOARD OF COMMISSIONERS
3.1 APPOINTMENT AND TERMS. The Prior Lake Economic Development Authority shall consist of
five (5) commissioners. The five (5) commissioner Authority shall be comprised of two (2) commissioners
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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 JanuaryNovember 1 and concluding on DecemberOctober
31. Public members may be appointed at any time throughout the year. If a public member is appointed
at any time other than JanuaryOctober, the member shall begin service immediately upon appointment
and shall serve as if appointed in the previous JanuaryOctober, 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 determined by the City Council. The City Council members appointed to the Au-
thority shall serve terms that coincide with their term of office as a Council Member. City Council members
appointed to the Authority are not required to serve staggered terms. Commissioners of the EDA are not
term limited.
3.2 CRITERIA FOR NON-COUNCIL APPOINTMENTS. Members of the public appointed to serve on
the EDA must have relevant 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.
ARTICLE 4. MEETINGS AND NOTICE
4.1 REGULAR MEETINGS. The EDA shall establish a regular meeting schedule. There shall be not
less than four (4) nor more than twelve (12) regular meetings per year. The EDA will conduct its meetings
in the Prior Lake City Hall at 4646 Dakota Street SE. Prior Lake, Minnesota. Notice of all meetings, both
regular and special, shall follow the requirements of the Minnesota Open Meeting Law.
4.2 QUORUM. Three (3) commissioners shall constitute a quorum for the purpose of conducting busi-
ness. Commissioners are to notify the staff prior to the meeting if they are unable to attend.
4.3 NOTICE. Whenever the provisions of an applicable statute or these Bylaws require “notice” to be
given to any commissioner or officer notice may be given by U.S. Mail, telephone, electronic communica-
tion, or in person.
4.4 SPECIAL MEETINGS. Special meetings of the Board of Commissioners may be called at any time
by any two (2) commissioners or the President or, in the President’s absence, by the Vice-President. No-
tice of special meetings of the Board of Commissioners shall be given to each commissioner at least two
(2) days prior to the meeting if possible, provided, however, that if giving two (2) days’ notice is not possible
notice shall be given as soon as possible prior to the meeting. The notice shall state the time, place and
business scheduled to come before the EDA. Public notice of a special meeting shall comply with the
requirements of the Minnesota Open Meeting Law.
4.4.1 In the case of special meetings, the presence of any commissioner of the Authority at a
special meeting shall constitute a waiver of any formal notice of the meeting unless the commis-
sioner attends for the specific purpose of objecting to the holding of such meeting.
4.5 CONDUCT OF BUSINESS AT MEETINGS. The agenda for a regularly scheduled meeting shall
include the following in order of business:
4.5.1 Call to Order
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4.5.2 Approval of Agenda
4.5.3 Approval of Meeting Minutes
4.5.4 Consent Agenda
4.5.5 Removed Consent Agenda Items
4.5.6 Public Hearing
4.5.7 Old Business
4.5.8 New Business
4.5.9 Other Business
4.5.10 Adjournment
4.6 PUBLIC HEARINGS. Public Hearings shall be conducted in the following manner:
4.6.1 The presiding officer announces the agenda item that is the subject of the public hearing.
4.6.2 It is the intent of the EDA to open all public hearings at the time indicated in the public
hearing notice, or as soon as possible thereafter. From a practical standpoint, not all hear-
ings can be opened at their designated time. The EDA may delay the start of a hearing
until the pending business is acted upon. However under no circumstances may a public
hearing be opened prior to the time specified in the notice and published in the official
newspaper.
4.6.3 Staff and/or a consultant make a presentation or report on the subject matter of the public
hearing.
4.6.4 At the conclusion of any presentation or remarks by staff and/or a consultant, the presid-
ing officer asks the EDA members if they have questions of the staff or consultant.
4.6.5 The presiding officer requests a motion and second from a member of the EDA to open
the public hearing and calls for a vote.
4.6.6 The presiding officer declares the public hearing opened, announces the time and then
proceeds to ask for citizen input, comments and questions.
4.6.6.1 Members of the public, interested parties or their authorized representatives
may address the EDA orally. If the speaker intends to present written or hard
copy materials to support their presentation to the EDA, they must provide the
staff, at the time of their presentation or before, nine (9) copies of the original
for distribution to EDA members and City staff. If the materials are lengthy the
commissioners may not have sufficient time to review the materials during the
presentation; please consider providing materials in advance to allow the com-
missioners sufficient time for review. The materials will be included in the pub-
lic record. If the speaker intends to present audio or video materials to support
their presentation to the EDA, such materials must be in an electronic format
that is compatible with the City’s existing equipment. An audio or video
presentation may not introduce testimony from any person other than the au-
thor. The electronic materials should be submitted to the staff by 12:00 p.m.
noon of the day of the meeting. The City will use best efforts to play audio or
video presentations, however, if there are technical or other issues the City will
not disrupt a meeting in order to play the presentation. All materials including
audio and video presentations are subject to the presiding officer’s judgment
relating to timeliness and relevance.
4.6.6.2 If unable to attend the meeting, members of the public, interested parties or
their authorized representatives may submit written comments and supporting
materials. Nine (9) copies of the comments and materials must be submitted
to the City staff prior to the EDA meeting. The comments and materials will be
distributed to EDA members and City staff. The written comments and materi-
als will become part of the record, but will not be read aloud at the meeting
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4.6.6.3 If unable to attend a meeting, members of the public, interested parties or their
authorized representatives may submit testimony to the EDA using a prere-
corded audio or video communication. An audio or video communication must
be in an electronic format that is compatible with the City’s existing equipment.
An audio or video presentation may not introduce testimony from any person
other than the author. The author of the recorded testimony must provide nine
(9) copies to the City staff at least seven (7) calendar days prior to the meeting
in order to allow staff an opportunity to view the presentation and prepare a
written summary. The recorded testimony and summary prepared by the staff
will be provided to the EDA as part of their EDA agenda package. The audio
or visual communication may be used by individual EDA members in prepara-
tion for the EDA meeting, but will not be played during the meeting. The
presentation and the summary will become a part of the public record. Gener-
ally, EDA agenda packages are distributed to members of the EDA on the
Wednesday preceding the meeting.
4.6.7 After all persons have been heard, the presiding officer will ask whether there are any
other persons in attendance who want to be heard on the matter pending. The presiding
officer will explain that the EDA is going to deliberate and that the EDA may not take any
additional public comment prior to closing the hearing and taking action. The presiding
officer will then ask one more time whether there are any other persons in attendance who
want to be heard on the matter pending
4.6.8 The EDA addresses the subject matter through deliberation. The EDA may ask questions
of the staff and City Attorney. EDA members should refrain from calling upon a member
of the public except for the sole purpose of asking a question that can be answered by a
“yes” or “no” response.
4.6.9 Once deliberations are complete, the presiding officer requests a motion. There are two
(2) possible motions, seconds and votes:
A motion and second to close the public hearing. Once the vote is taken, the public
hearing is closed. The presiding officer announces, for the record, the time the public
hearing is closed; or
A motion and second to continue the public hearing to a date certain. The presiding
officer, in consultation with the EDA members, shall select and announce a time and
date certain for the continued public hearing. No additional publication or notice are
needed if a hearing is continued to a later specified date. No public hearing may be
continued more than once without re-notice, publishing the time, date, location and
subject of the public hearing.
4.6.10 If the public hearing has been closed, rather than continued until a date certain, the EDA
may take action on the subject matter.
4.7 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
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the EDA may request the item be removed from the Consent Agenda and considered sep-
arately.
4.8.2 The Executive Director shall determine what items may be considered routine and non-
controversial; and therefore appropriate for inclusion as a Consent Agenda item. To provide
the Executive Director with guidance, the following types of items tend to be routine and
non-controversial: grant deeds, grants of easements, quarterly budget report, treasurer’s
report, calls for bid, reports of administrative actions and proposals, leases and agreements
previously approved in principle, setting dates for public hearings, approval of payment of
contracts, approval of denial of claims, award of bids, and other items of a like nature that
the Executive Director considers routine and non-controversial.
4.8.3 The EDA Agenda sheet shall include the following statement: “Those items on the EDA
Agenda which are considered routine and non-controversial are included as part of the
Consent Agenda. Unless the President or an EDA commissioner specifically requests that
an item be on the Consent Agenda be removed and considered separately, Items on the
Consent Agenda are considered under one motion, second and a roll call vote. Any item
removed from the Consent Agenda shall be placed on the EDA agenda under ‘Removed
Consent Agenda Items’”.
ARTICLE 5. OFFICERS, DUTIES AND RULES
5.1 OFFICERS. The EDA shall elect a president, a vice-president, a treasurer, a secretary, and an
assistant treasurer annually at the first meeting of the year. A commissioner must not serve as president
and vice-president at the same time. The other offices may be held by the same commissioner. The offices
of secretary, treasurer and assistant treasurer need not be held by a commissioner. The EDA shall elect
the Financial Director of the City of Prior Lake as the treasurer.
5.2 DUTIES. The officers of the EDA shall have the usual duties, responsibilities and powers associ-
ated with their office.
5.3 The treasurer shall receive and is responsible for all EDA money; shall keep an account of the
source of all receipts, and the nature, purpose and amount of all disbursements; and shall file the EDA's
detailed financial statement with its secretary at least once a year at times set by the EDA. The assistant
treasurer shall have the powers and duties of the treasurer if the treasurer is absent or disabled.
5.4 The treasurer shall give bond to the state conditioned for the faithful discharge of official duties.
The bond must be approved as to form and surety by the EDA and filed with the secretary. The bond must
be for twice the amount of money likely to be on hand at any one time, as determined at least annually by
the EDA, provided that the bond must not exceed $300,000. (Minn. Stat. 469.096)
5.5 EDAC LIAISON. The EDA shall elect an Economic Development Advisory Committee (“EDAC”)
liaison at the first meeting of the year. Any of the five (5) commissioners may serve as the EDAC liaison.
ARTICLE 6. FINANCE AND ADMINISTRATION
6.1 EDA money is public money. The monies of the EDA shall be deposited in the name of the EDA in
such bank or banks as the Board of Commissioners shall designate.
6.1.1 The EDA is a political subdivision separate and distinct from the City.
6.1.2 The City has established separate funds for EDA money and the EDA will have access only
to current EDA-related accounts.
6.1.3 The EDA has its own budget and the EDA will be responsible for developing its budget.
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6.1.4 Although the EDA has the power to issue debt instruments, it may not do so without ap-
proval from the City Council.
6.2 An EDA check must be signed by the treasurer and one other officer named by the EDA in a
resolution. The check must state the name of the payee and the nature of the claim that the check is issued
for. (Minn. Stat. 469.096)
6.3 The nature, number and qualification of the staff required by the EDA to conduct its business ac-
cording to these Bylaws shall be annually determined by the EDA. Any contract shall set forth in reason-
able detail the nature of the services to be provided to the EDA, and the cost basis for such services and
the payment to be made by the EDA. The EDA shall use the City’s standardized contracts.
6.4 The books and records of the EDA shall be kept at the EDA office in the treasurer’s office in City
Hall at the City of Prior Lake, Minnesota.
6.5 The EDA's detailed financial statement must show all receipts and disbursements, their nature, the
money on hand, the purposes to which the money on hand is to be applied, the EDA's credits and assets,
and its outstanding liabilities in a form required for the City's financial statements. The EDA shall examine
the statement together with the treasurer's vouchers. If the EDA finds that the statement and vouchers are
correct, it shall approve them by resolution and enter the resolution in its records.
ARTICLE 7. DEPOSITS, DEFAULT, COLLATERAL
7.1 Every four (4) years the EDA shall name a national bank with offices in the seven-county metropol-
itan area or a state bank to act as the official depository of the EDA. Before acting as a depository, a named
bank shall give the EDA a bond approved as to form and surety by the EDA. The bond must be conditioned
for the safekeeping and prompt repayment of deposits. The amount of bond must be at least equal to the
maximum sums expected to be deposited at any one time.
7.2 When EDA funds are deposited by the treasurer in a bonded depository, the treasurer and the
surety on the treasurer's official bond are exempt from liability for the loss of the deposits because of the
failure, bankruptcy, or other act or default of the depository. However, the EDA may accept 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
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and expenditures during the preceding calendar year, together with additional matter and recommenda-
tions it deems advisable.
8.5 The financial statements of the EDA must be prepared, audited, filed and published or posted in
the manner required for the financial statements of the City. The financial statements must permit compar-
ison and reconciliation with the City's accounts and financial reports. The report must be filed with the state
auditor by June 30 of each year. The auditor shall review the report and may accept it or, in the public
interest, audit the books of the EDA.
8.6 At the request of the City or upon the auditor's initiative, the state auditor may make a legal com-
pliance examination of the EDA including the salaries paid to the examiners while actually engaged in
making the examination. The state auditor may bill monthly or at the completion of the audit. All collections
received must be deposited in the general fund. (Minn.Stat. 469.100)
ARTICLE 9. POWERS
9.1 The Board of Commissioners may exercise all powers of an EDA and do all such lawful acts and
things as are authorized pursuant to Minn. Stat. 469.090 to 469.108, the Enabling Resolution and these
Bylaws.
9.2 The EDA may exercise all of the powers contained in the Housing Act, Minn. Stat. 469.001 to
469.047.
9.3 The EDA may exercise all of the powers of an Agency contained in the Development Act, Minn.
Stat. 469.124 to 469.134.
9.4 The EDA may exercise all of the powers of a redevelopment agency contained in the 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.
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10.4 If there is a question with respect to EDA final authority, the City Council shall be deemed to be the
final authority.
ARTICLE 11. STAFF
11.1 The City Manager shall serve as the Executive Director to the EDA. The Executive Director and
other staff are not considered members of the EDA. The Executive Director and other staff may participate
in discussion, at the discretion of the EDA commissioners, but may not vote on matters before the EDA.
11.2 The EDA may employ a chief engineer, other technical experts and agents, and other employees
as it may require and may determine their duties, qualifications and compensation. (Minn. Stat. 469.097,
subd. 1).
11.3 The EDA may contract for the services of consultants, agents, public accountants, and other per-
sons needed to perform its duties and exercise its powers. (Minn. Stat. 469.097, subd. 2)
11.4 The City Attorney is the chief legal advisor to the EDA. (Minn.Stat. 469.097, subd. 3)
11.5 The EDA may purchase the supplies and materials it needs to carry out Minn. Stat. 469.090 to
469.108 (Minn. Stat. 469.097, subd. 4)and its other powers and duties.
11.6 The EDA shall use the facilities of its City's purchasing department in connection with construction
work and to purchase equipment, supplies, or materials. (Minn. Stat. 469.097, subd. 5)
11.7 The City may, to the extent available, furnish offices, structures, space, clerical, engineering or
other assistance to the EDA. The City may charge the EDA for such services. (Minn. Stat. 469.097, subd.
6)
11.8 The EDA may delegate to one or more of its agents or employees powers or duties as it may deem
proper. (Minn. Stat. 469.097,subd. 7)
ARTICLE 12. SEAL
12.1 The official seal of the EDA shall be the same as the official seal of the City of Prior Lake.
ARTICLE 13. INSURANCE
13.1 The EDA shall obtain a written opinion from the LMCIT regarding insurance coverage issues. The
EDA shall purchase and maintain insurance as recommended by the LMCIT to cover the activities of the
EDA including its commissioners, officers, employees, agents and attorney.
ARTICLE 14. AMENDMENT OF BYLAWS
14.1 Recommendations from the EDA to alter, amend, add or repeal any portion of these Bylaws may
be accomplished by a majority vote of the commissioners present at any meeting, as long as the notice of
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
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15.1 EDA meetings shall be governed by these Bylaws and Roberts Rules of Order. Roberts Rules are
adopted here as a framework to ensure that meetings are conducted with order and a general respect for
the views expressed by all the EDA commissioners, but Roberts Rules are not always easily implemented
by a body such as the EDA. When a question of parliamentary procedure presents itself, the President,
in consultation with the City Attorney, will rule on the question. If Roberts Rules are improperly applied,
the decision of the EDA shall not be invalidated or otherwise set aside.
ARTICLE 16. STATEMENT OF ETHICS
16.1 POLICY STATEMENT: The City of Prior Lake recognizes our system of democratic representa-
tive government is dependent in large measure, upon people having trust and confidence in their
public officials. The public rightfully expects governmental officials will conduct City of Prior Lake
business in ways which benefit the public good generally and that public office will not be used
chiefly or improperly to advance personal interests. The City Council of Prior Lake has pledged
the goals of fair, efficient and honest government will be fostered and that it will strive for integrity
and objectivity from all of its officials.
16.1.1 The City of Prior Lake finds that the proper operation of democratic representative govern-
ment requires that:
Elected and appointed officials be independent, impartial and responsible to the peo-
ple;
Governmental decisions and policy are made in the proper channels of the govern-
mental structure;
Public office and position not be used for personal gain; and
The public have confidence in the integrity of its government.
16.1.2 The City of Prior Lake shall adhere to the highest ethical standards that enhance the pub-
lic trust in local government by:
Creating transparency in its actions through honest and open communication;
Basing decisions and adopting public policies based on what is in the best interest of
the public and the overall community;
Supporting the public’s right to know the public’s business; and
Exercising fairness, optimism, responsiveness and respect in communicating with the
public.
Providing a forum and periodic training for public officials and employees to discuss
organizational values that reflect high standards and current conditions and concerns.
16.1.3 This Statement of Ethics shall be liberally construed in favor of protecting the public’s in-
terest in full disclosure of conflicts of interest and promoting ethical standards of conduct.
16.2: CAMPAIGN FINANCE AND PUBLIC DISCLOSURE: Minnesota Statutes, Chapter 10A (adopted
as the Ethics in Government Act) is incorporated herein by reference. This policy shall be con-
strued and interpreted in consultation with the City Attorney according to Minnesota Statutes and
case law.
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.
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16.3.4 a plaque or similar memento recognizing individual services in a field of specialty or to a
charitable cause.
16.3.5 a trinket or memento costing $5 or less.
16.3.6 informational material of unexceptional value.
16.3.7 food or a beverage given at a reception, meal, or meeting away from the recipient's place
of work by an organization before whom the recipient appears to make a speech or an-
swer questions as part of a program.
16.3.8 received:
(1) because of the recipient's membership in a group, a majority of whose members are
not local officials, and an equivalent gift is given or offered to the other members of the
group;
(2) by an interested person who is a member of the family of the recipient, unless the gift
is given on behalf of someone who is not a member of that family; or
(3) by a national or multistate organization of governmental organizations or public offi-
cials, if a majority of the dues to the organization are paid from public funds, to attendees
at a conference sponsored by that organization, if the gift is food or a beverage given at a
reception or meal and an equivalent gift is given or offered to all other attendees.
16.3.9 received in exchange goods or services of equal value.
16.4: USE OF EQUIPMENT AND FACILITIES: No public official shall request or permit the unauthor-
ized use of City-owned vehicles, equipment, materials, property, labor or services for personal
convenience or profit.
16.5: CONFLICT OF INTEREST: Except as authorized in Minn. Stat. 471.88, a public officer who is
authorized to take part in any manner in making any sale, lease, or contract in official capacity
shall not voluntarily have a personal financial interest in that sale, lease, or contract or personally
benefit financially therefrom. (Minn. Stat. Section 471.87)
16.6 A public official or local official elected to or appointed by a metropolitan governmental unit who in
the discharge of official duties would be required to take an action or make a decision that would
substantially affect the official's financial interests or those of an associated business, unless the
effect on the official is no greater than on other members of the official's business classification,
profession or occupation, must take the following actions:
16.6.1 Advise the City Attorney of the potential conflict of interest as soon as possible, preferably
before the meeting; and
16.6.2 The City Attorney shall determine whether a disqualifying conflict of interest exists.
16.6.3 Any commission member shall orally inform the EDA of the potential conflict and abstain
from any participation in that agenda item if a conflict is determined to exist.
16.7: The purpose behind the creation of a rule, which would disqualify public officials from participating
in proceedings in a decision-making capacity when they have a direct conflict of interest in its outcome, is
to ensure that their decision will not be an arbitrary reflection of their own selfish interests. There is no
settled general rule as to whether such an interest will disqualify an official. Each case must be decided
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.