HomeMy WebLinkAboutCity Council Bylaws Revised 2009
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
FRANK BOYLES
CITY MANAGER
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TABLE OF CONTENTS
Section # Topic Page #
Section 100 Purpose 3
Regular, Special and Emergency Meetings and Work
Section 200 Sessions 3
Section 300 Annual Meeting 5
Section 400 Meeting Agenda Format and Consent Agenda 6
Section 500 Quorum and Voting Procedures 8
Section 600 Minute Preparation 8
Section 700 Roles at Meeting 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
Section 1300 Statement of Ethics 17
Section 1400 City Council Recognition 19
Appendix A Types of Motions 20
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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 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 specific 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 City 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.
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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 public an 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
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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, the Economic Development Authority
(EDA), the Planning Commission, or any other City Advisory Committee within
the foreseeable future. Forum items are also restricted to City governmental
topics rather than as a platform for private agendas. Matters that are the subject
of pending litigation are not appropriate for the Public Forum.
207.5 Presentations at the public forum must be consistent with Section 901.6 of these
bylaws.
207.6 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.
207.7 Public Forums are included as part of the regular meeting minutes and cablecast
live.
207.8 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 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.
301.5 Designate the Equalization Committee.
301.6 Appoint an Auditing Firm.
301.7 Appoint a Fiscal Consultant.
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301.8 Designate a Civil Defense Director
301.9 Designate a Health Officer
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 within the
foreseeable future at the City Council, the 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
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
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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
or a Councilor 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
?
Any item removed from the Consent Agenda shall be placed here for
separate council discussion and consideration.
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 except for accepting the report.
401.8 Public Hearings
401.9 Old Business
401.10 New Business.
401.11 Other Business - Including Community Events and Councilor 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.
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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 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 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 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 unless otherwise provided by these bylaws..
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 Councilor 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 Councilors 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.
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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
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 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 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 transcripts of audio recordings, if available, may be obtained from the
City for a fee in accordance with the City fee schedule.
605:
A verbatim transcript request 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.
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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 Mayor has the same voting powers 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.
706:
The Mayor shall be the presiding officer at all meetings. If the Mayor is absent, the
Acting Mayor shall preside at the meeting. If in the event 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.
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.
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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 the City Code or State
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
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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 members present must vote in the
affirmative for the ordinance to pass. unless a larger majority 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 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
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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.
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 Councilors; the City Manager, City Staff and the
Recording Secretary. 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 must be
submitted to the Staff by 12:00 noon of the day of the meeting.
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
Councilors, the City Manager, City Staff, and the Recording Secretary.
The written comments and materials will become part of the record,
but will not be read aloud at the meeting
901.6.3 Recorded testimony 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 calendar 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 determine compatibility. The City Department
responsible for the agenda item will also prepare a brief summary of
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the audio or video presentation. The presentation and the summary
will be provided to the City Council as part of their Council agenda
package. 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 twice whether
there are any other persons in attendance who want to be heard on the matter
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 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 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 and subject of
the public 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.
901.9 If the public hearing has been closed, rather than continued until a date certain,
the City Council may take action on the subject matter.
SECTION 1000:
COMMITTEE STRUCTURE
1001:
TYPES OF COMMITTEES
1001.1Special 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 to the Special Committees on an annual basis.
Special 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 Special Committee are limited to making
recommendations to the City Council. A Special Committee has no authority to
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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 Special Committees of the City Council
include:
?
Bylaws & Compensation Committee
?
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. 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 groups
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 groups depending upon the subject matter. 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
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 shall adopt bylaws to govern the conduct of the Committee. Advisory
Committees are composed of citizen volunteers appointed by the City Council, or
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a combination of citizen volunteers, appointed City Council members, and City
Staff. Advisory Committees must prepare and adopt bylaws to govern the
conduct of the Committee. The bylaws must be submitted to the City Council for
approval. The City Council may amend the bylaws or approve them as
submitted. Any subsequent changes to the bylaws of an Advisory Committee
may be proposed by the Advisory Committee, City Staff or City Council. The
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 public 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 one year. Councilors appointed by the Council as
liaisons to an Advisory Committee shall not have voting privileges on the Advisory
Committee.
1003:
COMMITTEE VACANCIES: When the term of a individual serving on a committee
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 Advisory Committee. An individual seeking reappointment by the
Council must follow the steps set forth below for filling a vacancy on an Advisory
Committee. 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. The Notice shall state the deadline
for submitting applications.
1003.2 Interview Panel. The City Manager or his designee, the City Council liaison(s)
and the chairperson of the committee (unless the vacancy is the committee chair
appointment or re-appointment) shall serve as the Interview Panel. The Panel
shall interview all candidates who 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 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
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application period and invite new candidates to apply.
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
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 these types of committees or commissions generally participate 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 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. 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.
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:
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.
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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 Guidelines. A
receipt must be submitted for reimbursement of all costs.
1203.1Meals. 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.
1203.2Lodging. Reimbursable lodging costs for travel within the Midwest are limited to
$200 per night. For travel outside the Midwest, reimbursable lodging costs are
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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.
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.
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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.
?
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 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 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 a decision-making capacity when they have a direct
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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 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.
1401.1Commendation: 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 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.
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APPENDIX A: TYPES OF MOTIONS AND PROCEDURES
The following motions will be available for use by the members:
Main Motion
1. : 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.
Amend Main Motion:
2. 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.
Postpone Definitely Motion
3. : 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.
Vote Immediately Motion
4. (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.
Substitute Motion
5. : 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.
Withdraw a Motion
6. : 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.
Division of Motion
7. : 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.
Eligibility of Motion:
8. 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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Privileged Motion
9. : 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.
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