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HomeMy WebLinkAbout9A - Resolution Amending Bylaws for City CouncilO~ I'R1~~ ,~ ~~~-~~,- ~ 4646 Dakota Street S.E. v ``~` i; ~`~ °~ Prior Lake, MN 55372-1714 y~C_.__;:~ ~ t,,,,,.~,k,~. CITY COUNCIL AGENDA REPORT MEETING DATE: SEPTEMBER 8, 2009 AGENDA #: 9A PREPARED BY: JANE KANSIER, BUILDING AND TRANSPORTATION SERVICES DIRECTOR AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION AMENDING THE BYLAWS FOR THE CITY COUNCIL AS THEY PERTAIN TO (1) THE PUBLIC FORUM, (2) THE DEPUTY MAYOR, (3) MINUTE PREPARATION, AND (4) PUBLIC INPUT DISCUSSION: Introduction The purpose of this agenda report is to consider amendments to the City Council bylaws. Same of these amendments, such as minute preparation and the deputy mayor, are housekeeping items. The amendments pertaining to the public forum and public input are more substantial. History In the last few months, the Council has asked questions about what topics are appropriate for the public forum. The issue specifically relates to whether or not items which have been the subject of a public hearing should be addressed at the public forum, and what impact this has on the due process provisions. Technology has also become an issue as it relates to public input. At a recent Planning Commission meeting, a DVD containing recorded testimony was submitted in lieu of a live presentation. This is a result of new technology available to both the City and the public. The bylaws are silent on how this should be handled. The Council has also directed staff to review the language for appointment of a deputy mayor to ensure it is consistent with Minnesota Statutes. Finally, as staff reviewed the above issues, we also realized there were some housekeeping items that could also be addressed at this time. These items pertain to minute preparation, among other things. The attached bylaws reflect the proposed changes. The following report addresses each item separately. Current Circumstances 1. Public Forum: The City Council bylaws currently require the following statement appear on the City Council agenda: "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 except those topics that are part of a www. cityofpriorlake. com Phone 952.447.9800 /Fax 952.447.4245 public hearing or public information hearing. The City Council will not take formal action on Public Forum presentations." On June 1, 2009, the Council directed the Bylaws and Compensation Committee to review an amendment to the bylaws which would restrict the topics to be addressed to those items not included on the regular City Council agenda. The proposed amendments to the bylaws include changes to Sections 207.4 (City Council Forum) and 401.2 (Public Forum). The only facet of the forum impacted by this amendment is the ability of the public to address items that appear on the City Council agenda. The general language, which would also appear on the agenda is as follows: "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 maybe addressed at the Public Forum that are on fhe agenda except those topics that have been or will be the subject of a public hearing or public information hearing at the City Council, Economic Development Authority (EDA) the Planning Commission or any other City Advisory Committee within the foreseeable future. The City Council will not take formal action on Public Forum presentations. " This language still allows comments, ensuring testimony on any upcoming public hearing. but still protects due process by item will be made at the appropriate 2. Deputy Mayor: The bylaws provide that "each year the Council shall choose a deputy mayor" but the practice has been to have the Mayor recommend and the Council endorse the proposed candidate. This language is nearly identical to Minnesota Statutes §412.121, except the title of the position is Acting Mayor rather than Deputy Mayor. The proposed amendments to the bylaws include changes to Section 301.2. The new language states: "Appoint Acting Mayor, At its first meeting each year the Council shall appoint an Acting Mayor from the Councilors. The Mayor shall recommend a Councilor 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 Tem ("Mayor for the Time'). This language is consistent with State statute. All other references to Deputy Mayor are also changed to Acting Mayor. 3. Minute Preparation: Minor changes to Section 600 have been proposed to reflect current practices, clarify the purpose of the city's DVD recordings and the cost of transcription services. These changes, shown on the attached bylaws, are not substantive. 4. Public Input: Section 900 of the bylaws addresses testimony during the public hearing process. While the section contemplates oral and written testimony, it does not address pre-recorded audio or video testimony. The question is, how specific do we want to be in allowing pre-recorded material? We have checked with several other cities and the League of Minnesota Cities to determine how they handle this issue. The City Attorney has solicited input from other city attorneys for their thoughts on the subject. The responses she received were shared with the Bylaws Committee. We have learned we are breaking new ground, since most cities don't address recorded testimony. The following amendments are proposed: The committee proposes to treat audio and video communications like written testimony. The audio or video presentation be supplied seven calendar days before the meeting in a sufficient number of copies to send to planning commissioners or councilmembers. The staff will summarize the content of the audio or video communication and both the written summary and the electronic presentation will be distributed to the Councilors or Commissioners with the agenda materials. The summary and the submitted audio/video communication will become part of the hearing record. Written, audio and video testimony will not be read aloud or played at the public meetings. ISSUES: The bylaws and the proposed changes reflect input from City Staff, the City Manager, the City Attorney and Councillors Hedberg and LeMair who serve on Bylaws and Compensation subcommittee. FINANCIAL There is no financial impact to the City as a result of these changes. IMPACT: ALTERNATIVES: 1. Adopt a resolution approving the amendments to the bylaws as written or with changes recommended by the City Council. 2. Defer this item and provide staff with further direction. RECOMMENDED A motion and second adopting a resolution approving the amendments to the MOTION: bylaws as written or with changes recommended by the City Council. Reviewed by -' ~ ~~ i ~' j ~, Frank Boyles, :City Manager OY PIZIO ti ~.. ~ 4646 Dakota Street S.E. v . ~ ~~ ~ 7~ Prior- Lake, MN 55372-1714 ~. t~~\,\' \`,;~ RESOLUTION 09-xxx A RESOLUTION AMENDING THE BYLAWS FOR THE CITY COUNCIL Motiion By: Second By: WHEREAS, The City Council adopts bylaws to provide a set of operating procedures for the City Council; and WHEREAS, The Bylaws are updated on a regular basis to reflect changing conditions; and WHEREAS, The current amendments address: 1. The topics of discussion at the City Council forum to those items not subject to a public hearing; 2. Appointment of the Acting Mayor; 3. Minute preparation; 4. Videotaped testimony. 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. The City Council hereby approves the amendments to the bylaws for the City Council. PASSED AND ADOPTED THIS 8r" DAY OF SEPTEMBER, 2009. YES Nn Hau en Hau en ' Erickson Erickson ' Hedberg Hedber LeMair _ LeMair Millar _ Millar Frank Boyles, City Manager www.cityofpriorlake.com Phone 952.447.9800 /Fax 952.447.42.45 ~~ i ~l ~0~ y 4646 Dakota Street S.E. U ~_ x Prior Lake, MN 55372-1714 ~~~~bwFtici~l* RESOLUTION 09-xx A RESOLUTION AWARDING THE CITY'S STANDARDIZED CONSTRUCTION CONTRACT FOR STREET AND UTILITY CONSTRUCTION FOR THE COVES, VILLAS, AND BLUFFS OF NORTHWOOD MEADOWS Motion By: Second By: WHEREAS, The three Developers of the Coves, Villas and Bluffs of Northwood Meadows have failed to complete the Developer Installed Improvements required of them in the respective Development Contracts for each subdivision; and WHEREAS, the Developer Installed Improvements that remain incomplete include mainly bituminous pavement, landscaping, and appurtenant work; and WHEREAS, In an effort to complete the bituminous improvements cost effectively the three Developers agreed to bid and retain one contractor to complete all of the bituminous work in the Coves, Villas and Bluffs of Northwood Meadows; and WHEREAS, to assure the improvements were completed and the property owners who purchased homes in the any of the three subdivisions were protected, the City will utilize Developer's escrows and Letters of Credit to complete the improvements; and WHEREAS, When the project was bid seven bids were received; and WHEREAS, Bituminous Roadways of Shakopee, MN submitted the lowest bid and is a responsible bidder; and WHEREAS, The final wear course of bituminous should be completed before the winter to prevent undue degeneration of the streets. 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. The bituminous work remaining in the Coves, Villas and Bluffs of Northwood Meadows was competitively bid and Bituminous Roadways of Shakopee, Minnesota is the lowest responsible bidder. 3. The Mayor and City Manager are hereby authorized to enter into the City's Standard Construction Contract with Bituminous Roadways of Shakopee, Minnesota in the amount of $29,465 to complete the work in the Bluffs of Northwood Meadows. 4. Construction costs will be paid using funds from Developer's Letters of Credit and funds escrowed by the Developers pursuant to their respective Development Contracts with the City. 5. The City Manager is authorized to direct that up to an additional $55,993 in work be completed in the Villas and Coves of Northwood Meadows Project by Bituminous Roadways utilizing developer funds in accordance with the Development Contracts in the event the respective Developers fail to complete the required improvements. www. cityofpriorlake. com Phone 952.447.9800 /Fax 952.447.4245 R:\Council\2009 Agenda Reports\09 08 09\Northwood Meadows award Resolution - Alternate.doc PASSED AND ADOPTED THIS 8t" DAY OF SEPTEMBER 2009. YES NO Hau en Hau en Erickson Erickson Hedber Hedber LeMair LeMair Millar Millar Frank Bayles, City Manager R:\Council\2009 Agenda Reports\09 08 09\Northwood Meadows award Resolution - Alternate.doc O~ PRIp~ .~, ~' 3E~r' s V Yt [77 CITY OF PRIOR LAKE, MINNESOTA Mayor and City Council BYLAWS Adopted on May 27, 1986 RP.VISPCI' 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 S°ptem~;.r 2009 FRANK BOYLES CITY MANAGER TABLE OF CONTENTS Section # __- Topic ~ _ _. ~ Page # Section 100 Purpose i ~ 3 Regular, Special and Emergency Meetings and Work Section 200 Sessions j 3 i Section 300 Annual Meeting i S __ _ _ _ __r Section 400 ;Meeting Agenda Format and Consent Agenda 6 Section 500 'Quorum and Voting Procedures 8 i Section 600 Minute Preparation 8 _._ _ ._ Section 700 Roles at Meeting j 9 Section 800 'Motions, Resolutions, Ordinances 11 Section 900 Public Hearing Format _ _ 12 __ -. ,Section 1000 Committee Structure 13 Section 1100 'Suspension of Rules __ _ ( 15 - Section 1200 Reimbursement for Expenses 16 __ I, Section 1300 =Statement of Ethics ~ 17 iti il R Ci C ~ 19 Section 1400 ecogn on ounc ty ~ Appendix A Types of Motions i 20 2 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 operation 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 a specifc section, subsection, paragraph, sentence, or line 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. 103: These Bylaws shall govern the procedures of the Prior Lake 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 or promptly thereafter a member of the Council raises a parliamentary objection and advises the Council of the particular rule which was not observed. SECTION 200: REGULAR, SPECIAL AND EMERGENCY MEETINGS, AND WORK SESSIONS 201: Except as otherwise provided in the Minnesota Open Meeting Law, M.S.A., Section 471.705, 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 Prior Lake City Council regular meeting shall be held on the first and third Mondays of each month commencing at 6:00 p.m. 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 Gity Council may consult with the City Manager to determine the amount of business pending and decide by majority vote to reschedule or cancel a meeting. The City Manager shall post notice and publish in the paper the decision of the City Council to reschedule or cancel the meeting pursuant to the Open Meeting Law. A City Council member shall inform the City Manager when an absence is planned or pending prior to the meeting. The City Manager shall inform the members of the City Council at the meeting that the member cannot be in attendance at the meeting. 203: SPECIAL MEETINGS: Special Meetings may be called by any two (2) members of the City Council. Written notice shall be given to each member of the City Council of the time, place and purpose of the meeting. The notice shall be delivered to the member or a responsible person at the member's residence at least three days in advance of the meeting. (See City Code Section 105.200) Notice shall be posted at City Hall and provided to any member of the public or news media who have requested notification in writing. 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 shall be made available to the public: 204.1 Once the materials have been delivered to the Councilmembers. 204.2 A copy of the agenda materials will be available in the Council Chambers for public inspection at the time of the meeting. 204.3 Agenda materials will also be available online through the City's website on the Thursday preceding the City Council regular meeting. 205: EMERGENCY MEETINGS: The Mayor or City Manager may call an emergency meeting. Notice of the emergency meeting shall be given by either telephone, fax 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 not be required. An "emergency" meeting is a special meeting called because of circumstances that require immediate consideration by the City Council. 206: WORK SESSIONS: The City Manager may schedule work sessions subject to Council approval. The purpose of the work session is to afford the City Council, City Manager and City staff the opportunity to discuss policy matters in a more informal environment. Public input will not be allowed unless specifically scheduled in the agenda. The work session may be canceled at the discretion of the City Manager. 207: CITY COUNCIL FORUM: A City Council "Forum" shall be scheduled at 6 p.m. as part of each City Council meeting. 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. To be recognized, individuals who desire to participate in the Forum shall use the sign-up sheet provided outside the City Council Chambers. The sign-up sheet shall be available at 5 p.m. The Public Forum is intended to afford the publican opportunity to address concerns to the City Council and to address the City Council on any subject that is of community interest, provides information required by the Council to complete its duties, or is provided by agencies representing citizens of Prior Lake. 207.1 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. 207.2 No Council action may take place during the Forum. However, Councilmembers may express their views or reaction to a presentation and may ask questions of the presenter. 207.3 At the conclusion of the Forum, the Council may, by motion and majority vote, indicate its interest that the subject matter of a Forum presentation be placed on a subsequent City Council agenda. 207.4 Items to be considered on the agenda may be addressed at the Public Forum unless they have been or will be the subject of a public hearing or public information hearing at the City Council, Economic Development Authority (EDA), the Planning Commission, or any other City Advisory Committee tivi ~ n u~- Foreseeable future. Forum items are also restricted to City governmental topics rather than as a platform for private agendas. Matters that are the subi~~~ o; pending li tion -~ e not ,~ ~~p~ '_~ fur t-~.., Pubiic Forum. 207.5 If any Councilmember deems that the comments are not germane to issues within the purview of the City Council, the Councilmember may request the presiding officer to request the speaker to yield the podium. Further, any Councilmember may object to the request of the presiding officer to ask a speaker to yield the podium, in which case, the presiding officer shall put the matter to a vote of the Council. 207.6 Public Forums are included as part of the regular meeting minutes and cablecast live. 207.7 As the presiding officer, the Mayor shall have the authority to adjourn the public forum, censure the speaker or take other action as deemed appropriate if there is a breach of decorum. 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 unless 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 Councilors. The Mayor shall recommend a Councilor to serve as acting mayor and the Council will affirm or deny the recommendation. The P~Cting Paayor 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. i i r;: ll (`J~iay~~.r, iil t ~ F)S~n - ~.~'t I i -1~,~~., I~ kYl~~`;'"i a~ Til. Mayes' F..~n ~I _, ,, 301.3 Appoint the Official newspaper. 301.4 Designate the Official bank. 301.5 Designate the Equalization Committee. 301.6 Appoint an Auditing Firm. 301.7 Appoint a Fiscal Consultant. 301.8 Designate a Civil Defense Director 301.9 Designate a Health Officer I Deleted: Elect Deputy Deleted: choose ~_ eleted: deputy Deleted: deputy 301.10 Appoint Councilors to serve as Liaisons to the various City Advisory Committees 301.11 Approval of City Council Appointed Committee Bylaws and Procedures. 301.12 Approve City Council Bylaws. 301.13 Designate an Animal Control Officer. 301.14 Adopt the Yearly Fee Schedule. 301.16 Appoint the Special Assessment Committee. 301.17 Other 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 except those topics that have been or will be the subject of a public hearing or public information hearing at the City Council, Economic Development Authority (EDA), the Planning Commission, or any other City Advisory Committee. The City Council will not take formal action on Public Forum presentations." 401.3 Approval of Agenda • The City Council may, by motion, change the order an item is 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. 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 member of the Council n ~a~ 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, ~~~ or' ~~ ~r it=r ~ n~ a II' ~=~~~~ - +riat the City Manager considers routine and non-controversial. • The City Council Agenda sheet shall include the following staterrlent: "Those items on the Council Agenda which are considered routine and non- controversial are included as part of the Consent Agenda. Unless the Mayor or ~ Counci;or 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 a roll call vote. Any item removed from the consent agenda shall be placed on the council agenda under " Removed Consent Agenda Items". 401.6 Removed Consent Agenda Items • !i~~ na„ _ ~: ~ t:~nC1a s. all b ~ -_ _ ,._~ ._ _ _ , _ . ~- _ ~._ ,. I, ~tlon 401.7 Presentations • The City Manager may schedule presentations before the City Council giving preference to presenters and topics that relate to City governmental business. Presentations are not action items E ~ ~;` ~~ :~_ ;; ~i~ ,_%o 401.8 PUbIIC HearingS, Deleted: /Town Meetings 401.9 Old Business 401.10 New Business. 401.11 Other Business -Including Community Events and Councilo~ 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 1,"~ayci~ c~ F,cting Mayor shah I' ~s~:_r; ~~ ~r a~i Cour~cii n-eetinas ~ he presiding officer may call a recess at any time during the meeting. Except for recesses for executive sessions, 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 disru~ti~~ic~ fl'~2!~°~ Or U~ia~ Iilal~pfOpi'latc aflr]LIBq~. 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 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 Councilmember 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 a larger number is required by statute. A majority vote of a quorum is necessary for the approval of all general motions and resolutions ~tivi; pr~.li : .~ icy t`. ~~ b,, :: ~,<~ . 504: When a question is put by the presiding officer, every member present shall vote. If a member abstains from voting based upon a conflict of interest, the Councilor must advise the presiding officer of the nature of the conflict. Otherwise, any Councilor, 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. 505: VOTING PROCEDURE: An agenda item shall be put before the City Council for its consideration and vote in the following manner: 505.1 The City Manager introduces the agenda item and provides the City Council with a description of the item and the action requested of the Council. 505.2 The City Manager or any Councilo may call upon City staff to describe an agenda item or to provide additional information. 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~~rs may, at this point, ask questions of staff, present their views and engage in a dialogue with other members of the Council. 505.5 After discussion concludes, the presiding officer shall call for a vote on the matter pending. 505.7 When a vote is to be taken, the presiding officer shall first call for the ayes, then the nays- The votes of each member shall be recorded in the Minutes. If a member of the City Council is absent during a vote, the member's vote for the official Minutes shall read as "absent". SECTION 600: MINUTE PREPARATION 601; The City Manager is responsible for the preparation of the minutes of the Meeting. The meeting proceedings will be audio-recorded and written minutes will be prepared, The 'Deleted: bytneAaminlstratNe written minutes of the meeting as approved by the City Council are the official record of 'Assistant the meeting. The audio recording is intended to supplement the minutes for the purpose of an "on the record review" in a judicial proceeding. A DVD recording may ;also be prepared for the purpose of ~ ~:h~c i _,._; ,+ the P." ~;aing on the City's pug 1~= ~~cr- ca~le c ; _u~n~' 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 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. Councilmembers 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 Written minutes will be retained as a permanent record either in paper, on microfilm, or in a digital format available online through the City's Website. 604.2 All audio and DVD recordings will be retained in accordance with the City's data retention schedule. 604.3 Verbatim tra ~saipts of audio recordings, if available, may be obtained from the City for a fee jn accordance with the City fee schedule. oersted: ~or,5~5t~r,9 of aa~ai costs incurred (materials /labor) 605: A verbatim transcript request of all or any part of a meeting may be requested by a member o the general public. A fee for the transcript shall,be in accordance with the j oersted: consist cf me aoiuai ~oscs City's official fee schedule unless the City has, for its own purposes, previously prepared for preparing s~~n transcript. e.9 ~~ hourly wage, fringe benefits, copying a verbatim transcript, in which case the individual requesting a copy of the transcript ana malrng costs shall pay the City's standard photocopy charge. - - - - SECTION 700: ROLES AT MEETING 701: All meetings of the City Council shall comply with the Minnesota Open Meeting law, which requires meetings (with few exceptions) of all municipal bodies to be open to the public. The City Council of Prior Lake encourages citizen attendance. Public attendance at meetings of the Council helps to develop a more enlightened. interested and participatory citizenry. 702: OBJECTIONS TO RECESSING THE REGULAR MEETING INTO EXECUTIVE SESSION. Any individual desiring to object to the Council's adjournment into an executive session shall do so in the following manner. This process is included in the bylaws to give individuals or organizations standing without disruption of any regular meeting. Any comments made at a meeting that are ruled out of order by the presiding officer shall not appear in the minutes. 702.1 The objection shall be made in writing providing the basis or legal authority for the objection, together with the name, address and phone number of the objector. 702.2 The written objection must be tendered to the City Manager within one business day of the alleged violation. 703: Any Councilmember 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. 704: 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, Councilors may want to consider contacting the City Manager, in sufficient time prior to the meeting, to advise the question they intend to ask in order for the City Manager to attempt to bring the additional information to the Council meeting. 705: The Maya;has the same voting powers as do the ooh ~r n ~ ~~~'o~~s of th~~~ Council.. The P.'~ayo ,may vote on all motion~,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. __ -., Deleted: presiding officer Deleted: presiding office. Deleted: whenever a vota is taken - 706: The Mayor shall be the presiding officer at all meetings. If the Mayor is absent, the -- -~ Acti-~c` Mayor shall preside at the meeting. If in the event the Mayor; :.d Acting, Mayor Deleted: Deputy -.._- - are absent, the City Manager shall call the meeting to order and preside until such time Deleted: and ~ the City Council elects among itself a member to preside at the meeting. The presiding Deleted: Deputy _ __~ officer, at all times, shall be allowed to vote in the same manner as all other members of '''" COUnCI~, Deleted: members 707: The presiding officer has two unique powers: (1) interpreting and applying the rules of procedure; and (2) recognizing speakers from the audience. 708: The presiding officer is responsible for maintaining order at the meetings. 10 709: 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. 710: The presiding officer has the responsibility to facilitate discussion by the City Council. This may occur in a variety of ways, including: 710.1 Interpret and apply rules of procedure. 710.2 Decide whether motions are properly made. 710.3 Decide whether motions are in order. 710.4 Decide whether questions of special privilege ought to be granted. 710.5 Decide when to recognize speakers. 710.6 Call for motions or recommend motions. 710.7 Expel disorderly persons from the meeting. 710.8 Enforce speaking procedures. 711: All members of the City Council may make and second motions, participate in discussions and vote whenever a vote is taken. 712: As individuals, Council members have no administrative authority. When acting as a Council, however, the legislative body has authority over the appointed City Manager. 713: 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. 714: Department Heads may attend all meetings. Department Heads shall attend the meetings when directed by the City Manager. 715: 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 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 below. All votes of the City Council in any of the three methods require a majority vote for approval unless otherwise specified below or prescribed by 'c` . statute. 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 receive a majority vote. The City Manager will maintain a record of all resolutions and will be responsible for the proper numbering and execution of each resolution adopted by the City Council. 804.1 Notwithstanding other instances where resolutions may be needed, resolutions are required to authorize the execution of any contract exceeding $20,000 or as otherwise specified in the City's Purchasing Policy. 805: ORDINANCES: An ordinance is a law governing or regulating some activity that is properly within the power of the Council to regulate. Ordinances shall be used when the City Council action regulates or governs people or property. All police regulations for public health, morals, economic well-being, welfare and safety must be passed in ordinance form. Ordinances may also be used to provide permanent rules for the organization and operation of the City Council. Ordinances may be enacted upon a motion and a second. A, majority vote of the mel~~ber~s pre:,ent must vote in the -~ " f: ~ th ~ ordinance to pas ,pnless a largerrnajority is required by State law or these Bylaws. 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. SECTION 900: PUBLIC HEARING FORMAT 901: Public Hearings shall be conducted in the following manner: 901.1 The presiding officer announces the : ,.! ~ ~ I~ iten. that is tn: s.~:~t pct of the public ~learln~. 901.2 It is the intent of the City Council to open all public hearings at the time indicated in the p~~i!.>lic hearing notice, or as soon as possible thereafter. From a practical Deleted: , to the extent practical, Deleted: and must _] Deleted: receive at least three favorable votes to be passed, Deleted: vote Deleted: hearing. 12 901.3 901.4 901.5 901.6 standpoint, not all hearings can be opened at their designated time i h ~ C;~. ;r~cil may delay the start of a hearing until the pending businessjs acted upon. However unCi~r no circumstances rr _,; a i:,;blic hearing be opened prior to the U' ~~ e~liP:?d Ifl trlc n~Jt'~,CE :i"iC1 p I~ I `I'i2~~ li^~ tale OfTl~~f~l ile4'/Spa~~'r. Staff and/or a consultant make a presentation or report on the subject matter o` the pubLc hearing. ,! ~ , c~nc_ISion of any p E eniatinn or ~t~nara;s by Staff andlor a c~~~ ~s~i'`ar~t the presiding officer asks the City Council members if they have questions of the :.;tall or consultant. The presiding officer requests a motion and second from a member of th; Council to open the public hearing and calls for a vote.. The presiding officer d~~cl ~ s t~~, Cr:-Ibiir hearing opened ~:nnou ties to ?~~~,~~~ and then prwceeds to ask for citizen input, comments and questions. 901.6.1 Members of the public, interested parties or their authorized representatives may address the City Council orally. If tha speaker intends to present materials to support their presentation to the Council, they must provide the City Manager, at the time of their presentation or before, nine (9) copies of the original for distribution to Councilors; the City Manager, City Staff and the Recording Sea etary. The materials will be included in the public record. 901.6.2 If unable to attend the meeting, merrlbers of the.public, interested parties or their authorized representatives may submit written comments anti supporting materials. Nine (9) copies of the corr~ments anti nr~teri~,ls must be submitted to the City Staff prior to the Council meeting. The comments and materials will be distributed to Councilors, the City Manager, City Staff, and the Recording Secretary. The written comments and materials will becorr~e part of the record, but GwiU not be read aloud at the meeting 901.6.3 Recorded testimony if unable to attend a meeting. irilembers of the public, interested parties or their authorized representatives may s_tbrr~r t~smon~r 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 ~~~_i:ho` c;'tlr_. recorded testimony must provide nine (9) copies to the City Statf at least seven ~alcc-radar days prior to the meeting in order to allow Staff an opportunity to view the presentation on the City's equipment to make certain there are no technical difficulties with the equipment. It is the responsibility of the individual using an audio or video format to consult with the City to dc;termine compatibility. The City Dap~lrtrnent responsible for tine agenda item will also prepare a brief summary of the audio or video presentation. The presentation and the summary ~^rill be provided to t'~~~ City Council as part of their Council agenda package. The presentation and the summary will become a part of the public record. C:enerally, Council Agenda Packages are distributed to rne,nbers of the City Council an the Wednesday preceding the meeting. 13 Deleted: at hand Deleted: general Deleted: Friday 901.7 After all persons have been heard, the presiding officer will ask twice v,hether there are any other persons in attendance who want to be heard on the mater pending. If there is no other testimony, the presiding officer requests a motion. There are two possible motions, seconds and votes: A motion and second to close the public hearing. Once the vote is taken, the public hearingjs 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 Councilors, shall select and announce a time and date certain for the continued public hearing. No additional publication or notice requirements 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 ar~~r stibjec[ of the pu'olic hearing. 901.8 The City Council addresses the subject matter through deliberation. The Council may ask questions of the Staff and City Attorney. If the public hearing has been closed Councilors 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. The presiding officer will call upon each member of the Council for their comments and reaction to information received from the Staff presentation or public hearing comments. X901.9 If the public hearing has been closed, rangy, tt~~ ~~~ c:.~ntinued until a date certain the City Council may take action on the subject matter. SECTION 1000: COMMITTEE STRUCTURE 1001: TYPES OF COMMITTEES 1001.1 Special City Council Committees. The Council may from time to time establish special committees by designating two (2) Councilors to a specific issue. Councilors will be appointed ~ t~r Spacial Committees on an annual basis. Special Committees est=' ~~ ~i °.i 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 at>pointed City Council members and staff liaisons. The responsibilir.=s o~` th~~~ Special Committee aie Ilrnit;d to making, recommendations to the City Council. A Special Committee has no authority to make decisions on behalf of the City Council, Special Cpmmittees may be required to provide periodic status reports,as requested by the City Council or upon their own initiative. Examples of Special Committees of the City Council include_ • Bylaws & Compensation Committee Deleted: Close the public hearing - and the Council votes on the motion. J Deleted: hearing Deleted: If the City Council votes to continue the hearing, the presiding officer, in co Deleted: ,questions to citizens and Staff, and reactions and statement of position on the subject.¶ l Deleted: is _~ Deleted: The work of a speaal subcommittee should be I mitea to special policy problems. Deleted: shall make ~) Deleted: ,but may not make decisions on behalf of the Council. The Council's final decision, not the committee's recommendation, hinds the City Deleted: City Council subc Deleted: will be required to provide i status reports to the Council a Deleted: These committees may include, for example. 14 • City Manager Evaluation Committee • Annexation Task Force • Special Assessment Committee • Downtown Redevelopment Committee 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 on a particular issue or subject matter. Them i !r I~~r~~~t t~ the s~~e o` ~: re ,c~~ work group. -I h~ l~~irnrer~ of co~nni ~;r~:_ '1';c'i's. t~'le pU 0~ ~~ df tl~ ~:OlTlfllltt@~ cinCl t~~e d~lf atl0fl Of the CO[Tlmltt 2 4VI be deern,~i~ied 'oy the City Council Generally, the composi±ion of research work groups include up to two Council members, City staff, and members of the public. Research work groups may only deal ~~,~ifr~ those issue or projects assigned to them by the City Council (conduct investigations, make reports on facts, interview individuals, gather information and/or public input). A research work groups may not make decisions indepen,_lent fro;n the City Council. Research work groups will be required to make periodic reports to the City Council on their progress. -i"r ~~~°~ ~~ ti7cll may use either ~ r~~ .'~~on or resolution to establish ~~ research work groups ~:epen~dir;g r pcn tnF ,~ _,c Ir l:er. These committees may include, for example: • Water Treatment Plant • Tree Preservation Task Force • Heritage Committee • Snowmobile Task Force • Traffic Safety Committee • 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 Deleted: assigned end date of the life of a research work group, and the Council must determine a new end date for Researcn work c~o~p as the group. In some cases, the City Council may da,ide that the owork of the Deleted: moose co continue me research work group sho I',~ corr ~ ,._ on a permanent basis, in u~hicr; c ~ th ~- .~ ; G~°~_~r~ , i r.,us`, ~l~t~~m ~ ~ ~,~h~ 1~r t0 i~~~t the research work group to, Deleted:. intnosecases.tne ~ ~ either (1) an Advisory Committee,as outlined in Section 1001.3 of these bylaws, _ Deleted: mustevowe mto I or (2) a Special City Council Subcommittee,as outlined in Section 1001.1 of Deleted: and function ~~ these bylaws. -- Deleted: and function ~' 1001.3 Advisory Committees. The City Council may establish Advisory Committees to monitor significant issues in the community of on-going concern. Advisory Committees shall adopt bylaws to govern the conduct of the Committee. 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. ~1d'dI50r~j' COtT1lTlltfe,~~, rflLi~i p'8F?~!"e 8ild adopt bylaws t0 g0'JE'rrl the Deleted; appointed annually as i l~l'_~C' Oi th2 CC~llt'fll?te i h~' bylaWS I'"~ust,be SUfJfYlltteCl t0 thP, l;r:V C~J'1C;il for IlalsonstotheCommittee_ I 2;~N~"o~~J~ i lt- ~,ily ~~~_II'~~ i i 1=J ~ i Ly~lc','^!S O~ ~.~ ~~Oa'~' t'1 11 _~~ Deleted: shall submitted. Any subsequent changes to the bylaws of an Advisory Committee may be proposed by the Advisory Committee, City Staff or City Council. The .,> rel~ 15 Council must approve any amendments. Amendments shall not take effect until sixty (60) days after their passage. Advisory Committees may meet with the City Council in a ptl;~!ic workshop to discuss goals and objectives, mutual concerns or questions and other business as appropriate. Advisory Committees may include, for example: • Planning Commission. (The Planning Commission has been established by statutory authority and the structural composition and Commission rules are set forth in the City Code.) • Park Advisory Committee • Lakes Advisory Committee • Communications and Technology Advisory Committee • Economic Development Advisory Committee • Community Safety Advisory Committee 1002: CITY COUNCIL LIAISONS TO CERTAIN ADVISORY COMMITTEES: Annually, the City Council shall appoint a City Councilor to be a liaison to the Advisory Committees listed in Section 1001.3. Normally, no Councilor shall serve as a liaison to the same Advisory Committee for more than on~year. Councilors ,tl>pointed by the Council as liaisons to an F;dvisory Committee shall not have voting privileges on the Advisory Committee.. 1003: COMMITTEE VACANCIES: When the teen of a individual se-ruing on a committee ider~tifie~~in Section 1001 expires, the individual may apply to be reappointed if they have not exceeded their teen 1~~-~~ ~ ~r~d tneyrave met or exceeded the performance standards of the Advisory Committee. An inefvidual seeking reappointment by the Council must f~Ilo~,~~~Xhe steps set forth bel~~~,~~ for fi!iing a vacancy on an Advisory C ~ :~~ _ A vacant position on any committee 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. I he Notice sha!I state the deadline fo;~ ~.,.~~r~~;~ing app!~~caions 1003.2 Interv:e~i Panel. The City Manager or his designee. the City Council liaison(s) and the chairperson of the comrnittr-;,(unless the vacancyjs the committee chair appointment or re-appointment shall serve as the Intervievr Panel The Panel shall interview all candidates ~°;ho have applied for appointment or re- appointment and make a recommendation to the full City Council. An individual subject to re-appointment may not sit on the selection committee. ,1003.3 The recommendation of the interview Panel v~~~ill be presented to the City Council i he Council may acceptor reject the recommendation. If the recommendation is rejected, the City Council m ~y appoint another individual or reopen the a,~ ,::'~:~n period and invlt-: new candidates ~c: ~,~ply. 1004: CITY COUNCIL ROLE ON OTHER COMMITTEES OR AUTHORITIES: There are certain authorities, committees and commissions where a Councilor is appointed and serves as a representative of the Prior Lake City Council. A Councilor appointed to serve on 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 Deleted: consecutive Deleted: An incumbent member of any committee identified Deleted: whose term is expiring, who has not achieved their term limit, and who Deleted: 's performance standards may be considered for reappointment by the Council but only after following Deleted: member who has been ' appointed as the liaison to the I advisory committee, or who has been appointed to serve on the work group, and the committee chair Deleted: Deleted: , or in the case where the l work group is newly established and J no chair has been determined) Deleted: No person will sit on any advisory committee, work group or committee charged with the selection of the successor for that person ¶ 16 with specific direction, exercise their judgment on how frequently to report to the full Council., Unlike Councilors who are appointed as liaisons to Advisory Committees, Councilors who sit on thcs types ~~' ~ ;~~n n t~~:~~~ c' aim 7~issions gener,lly ,~,~rticipate in a voting capacity.. The authority, committee or commission shall determine if the appointed Councilor has voting authority in connection with its governing authority. Examples of these types o` committees or authoritiesjnclude; • Three Member Orderly Annexation Board • Transit Review Board • Committees of the League of Minnesota Cities, Association of ft%ietropc>lit~:r~, fv1unicipalitfes and tr~cm National League of Cities SECTION 1100: SUSPENSION OF RULES 1101: The City Ccancil may vote to suspend t~~~; rules set fo~~tnr The rules may b~ s._. : nncaed for a specific meeting only upon a motion, second, debate, and afour-fifths (4/5) vote of the members of the Council 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, orout-of-state. The purpose of this section is to set forth the guidelines for participating in such events, as well as reimbursement of expenses incurred as a result of attendance. 1202: GENERAL CONDITIONS: 1202.1 All expenses incurred by a Council member in connection with fulfilling their duties to the City shall be reimbursable. Reimbursement of such expenses shall be in accordance with these City Council Bylaws, City Code Section 105.300, and state statute. 1202.2 Attendance at and reimbursement for events, workshops, conferences or meetings within the Minneapolis-St. Paul metropolitan area and Greater Minnesota do not require advance approval by the City Council as long as the costs for attendance are within the approved City Council budget. 1202.3 Attendance at and the traveling budgets for events, workshops, conferences or meetings conducted out-of-state, or not within the approved City Council budget, must be authorized in advance by the City Council at an open meeting. 1202.4 In evaluating travel requests for approval, the purpose for attendance must meet one of the following criteria: Deleted: The Councilmember shall exercise judgment as to whether more frequent reporting is necessary ---- ___ Deleted: on which Councilmembers currently sit, Deleted: Metro _-- Deleted: Cities, or Deleted: Such other rules that the City Council deems appropriate may be enacted. All matters of procedure not specified herein shall be governed by the City Code, State Statutes.. or Federal Laws, whichever is applicable to the procedure in question. Deleted: herein may be suspended Deleted: for a specific meeting only. 17 • 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 t?uol~c+facility or function that is similar in Deleted: ~~ty 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 offcial. 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 Guidelines. A receipt must be submitted for reimbursement of all costs. 1203.1 Meals. Daily or event specifc reimbursable meal costs are limited to $20.00 per meal. In the case of out-of-state or overnight travel, reimbursable meal costs shall not exceed $60.00 per day. Alcoholic beverages and meal expenses included in the cost of registration are not reimbursable expenses. 1203.2 Lodging. Reimbursable lodging costs for travel within the Midwest are limited 'to $200 per night. For travel outside the Midwest, reimbursable lodging costs are limited to those that are reasonable and necessary, and as pre-approved by the City Council when authorizing the out-of-state travel budget. 1203.3 Mileage. Mileage will be reimbursed at the IRS rate. If two or more Council members are traveling together by car, only the vehicle owner will receive reimbursement. The City will reimburse for the cost of renting an automobile, if necessary, to conduct City business. City vehicles should be used for City Council business in lieu of rental when available. 18 1203.4 Tjps. 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 offcial 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 th ~ I~:.~, ra!atir;l to crxi~ ~ ~::~ i Deleted: is re ~~,I;..~-~ : .-~n±rnust be approved by the City Council at an open meeting. oereted: Poi~°y 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 c~ ~r; generally and '~~:~.' 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 =:o~,made in the proper channels of the Deleted: be governmental structure; • Public offce 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. 19 • 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: ETHICS IN GOVERNMENT: Minnesota Statutes, Chapter 10A, Ethics in Government, 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 valuable gift, favor or thing of value, regardless of amount whether in the form of money, service, loan, thing or promise from any person which to the official's knowledge is concerned, directly or indirectly in any manner whatsoever in business dealings with the City. 1304: USE OF EQUIPMENT AND FACILITIES: No public official shall request or permit the unauthorized use of City-owned vehicles, equipment, materials, property, labor or services for personal convenience or profit. 1305: CONFLICT OF INTEREST: Except as authorized in Minn. Stat. 471.88, a public officer who is authorized to take part in any manner in making any sale, lease, or contract in official capacity shall not voluntarily have a personal financial interest in that sale, lease, or contract or personally benefit financially therefrom. (Minn. Stat. Section 471.87) 1306 A public official or local official elected to or appointed by a metropolitan governmental unit who in the discharge of official duties would be required to take an action or make a decision that would substantially affect the official's financial interests or those of an associated business, unless the effect on the official is no greater than on other members of the official's business classif cation, 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 Councilmember shall orally inform the City Council of the potential conflict and abstain from any participation in that agenda item. 1307: The purpose behind the creation of a rule, which would disqualify public officials from participating in proceedings in adecision-making capacity when they have a direct conflict of interest in its outcome, is to insure that their decision will not be an arbitrary reflection of their own selfish interests. There is no settled 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 insure that the offcials s;lzti„ r.' 20 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,forfailure to conform lo,any provisions of these bylaws, state statute, misconduct at meetings. violating confiden;i arty or ~ ~a~n ~ y-client privilege, absenteeism, disloyaly, a violation of the standards of ethics or violating other value the City holds dear, i he purpose of the censure is to reprimand a councilor 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 majority vote and cannot be reconsidered. Deleted: admonishment Deleted: with ! Deleted: confidentiality or attorney- client privilege, or other acts ~ 21 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 Section 7.B of 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 atwo-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. 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: 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. 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. Notwithstanding Robert's Rules of Order, a motion to "lay on the table" shall be debatable. 23