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HomeMy WebLinkAbout10C - Bylaws Revisions 2000 MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: CITY COUNCil AGENDA REPORT January 3, 2000 10C Frank Boyles, City Manager CONSIDER APPROVAL OF APPOINTMENTS AND BYLAW REVISIONS FOR 2000. History The City Council Bylaws provide that the first regularly scheduled meeting in January is the annual meeting of the City Council. During the annual meeting, regular business may be conducted, but the following organizational business is required to be on the annual meeting agenda: . Yearly Appointments . Yearly Fee Schedule · Yearly Approval of City Council Appointed Committee Bylaws and Procedures. . City Council Bylaws Review. The fee schedule is on this agenda as consent agenda item 5B. Current Circumstances The Council needs to take the following actions to fulfill its responsibility under the Bylaws: C \ .~l.-consider Acting Mayor for 2000: Councilmember Wuellner was acting ~ Mayor for 1999. The Council should select an acting Mayor for 2000. , ~ ider A roval of Official News a er for 2000: The Prior lake American has been the City's official newspaper. Attached is a proposal from the American for 2000. Aside from the Star Tribune, there is no effective alternative to the Prior lake American. PL- ~ ~onSider Approval of Official Bank for 2000: The Prior Lake State Bank ~.;). ~s been the official bank for over twenty years. This last week, we \~Ul received a proposal from Marquette Bank which we are analyzing. We recommend that the Council reappoint Prior lake State Bank until such time (for example - 90 days) as the staff can evaluate proposals from both banks and make a recommendation. Until now, the only criteria has been service costs and interest rates. If the Council directs, staff can prepare a written policy to alternate banks from year to year. ~OnSidgr Approval of Equalization Committee for 2000: The Equalization Committee consisted of the full Council in 1999. This committee hears concerns from residents regarding the value placed on ~V\l W~~o ~\fI/y.~_ u ~~I i:- ~~\) 116 ~/;~ \ow, f-J 11#/0 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 1:\COUNCIL\AGNRPTS\2000\01 03_1 OD.DOQ\N EQUAL OPPORTUNITY EMPLOYER ."- "n"1 1r v.~\ tb ~~O their property for the year. We could ask the County Board to perform this function. In the past, the Council has taken the position that they should act as the ~~lJaljzation Board. The same is recommended for 2000. <~o-y,f-t~ 13( /;\Lt )-- 5 ~Consider Approval of Fire Chief and Assistant Chief for 2000: In \~ ~ SO""' ~ accordance with their Bylaws, the Fire Department will be conducting their ~...p}\ ~ elections on December 30, 1999. At this writing, I do not know the results of ~l-"'"' the election but I will have that information at the January 3rd meeting. The \), . Council's action is to confirm the election results with respect to Fire Chief, First Assistant Chief and Second Assistant Chief. Terms for all three positions will expire December 31,2001. 6. Consider Approval of Auditing Firm for 2000: During 1995, the firm of Abdo, Abdo and Eick were confirmed as City Auditors for audit years 1995, 1996 and 1997. The Council extended the contract for 1998, 1999 and \ MJ.r~Y\ 2000. No action is required at this ~ . \\~\J<V ~ ~.7. Consider Approval of Fiscal Consultant for 2000: Steve Mattson of )o1'i'..A..o ~1'\ Juran and Moody has acted as the City's Fiscal Consultant over the last ~ twenty years. The Council should determine whether it wishes to continue .J~\~~ this relationship or direct the solicitation of Requests for Proposal. o . \ 'Dot-8. Consider Approval of Civil Defense Director for 2000: Last year Police t'l'J? v.?" Chief Bill O'Rourke recommended the appointment of Police Sergeant Rob ~ Boe as Civil Defense Director. The same is recommended for next year. ~~lIttonslder Approv;!1 of Health Officer for 2000: The City has historically yul contracted with Park Nicollet Clinic for such services. A Health Officer is only required in unique circumstances. The appointment of Park Nicollet Clinic as the City's Health Officer would be appropriate for 2000. \\\lI\:F) ~,O \\V\ pf 4\,C , 10. Board and Committee Bylaws: The Cit 's various Adviso Committees \4.~ 0<( ~~ 0 . have reo viewed their bylaws. 0 c anges are recommended. The ED2 ;(j(O), recommends minor revisions to its ylaws which are underscored in the J'fr attayhed draft. , , \ f_ ~W'\,\~Qt. <'.f l)'ii Ntof~) ~ ~nc..i~J'" tM ft(Orv'l~ to (W1$<./r(,,\f1Q.j 1M ~Y\ ~S^ ~Review ~nd Consider City Council Bylaws for 2000: Attach~d are the ; 4 ". () Council bylaws. The Council should consider whether any changes are necessary. Staff has proposed no additional changes at this time. ~. 12. Animal Control Officer for 2000: The' City entered into a contract with Bob i ~'1lMcCallister in 1995. The agreement is perpetual unless notice is given by "s.j"\\~ther party. In 1995, the Council added safeguards in the contract intended :.....--- to guard against concerns raised by a few residents. The cost proposed for 2000 is $900 per month. The 1999 monthly fee of $900. It is recommended that Bob McCallister be retained as Animal Control Officer for 2000. Jf/l^Eh Special Assessment Committee: Two members of the Council are to be appointed annually to serve on this committee. The committee assists the staff in implementation of the Special Assessment Policy. Presently Councilmember Schenck and Council member Petersen constitute the committee. \\V\I~f( Lt-t) ~~~~ ~_O 1:\COUNCIL\AGNRPTS\2000\01 03_1 OD.DOC ~~ ~{I 4~o ~.V\~.~ ~^ Minnesota Valley Transit Authority (MVTA) and Suburban Transit 1'\\ g' Authority (ST A): The bylaws provide that one Councilmember and one ), staff member serve on the MVTA Board. The present representatives are the Assistant City Manager and Mayor Mader. 15. City Council Liaisons: In 1998, the City Council initiated a liaison program \"U,^-!N.6 Jp!Wgh which Councilmembers act as the primary communication conduit I lretween the Council and the advisory body they represent. The City Nfl Jf ~cilliaisons for 19.99 were Pete Schenck (Parks Advisory Committee), a e Wuellner (Lake Advisory Committee) and Jim Petersen (Planning \.JMjSP ~miSSiOn). The liaison position facilitates communication between the Council and the advisory body and is a good way for Councilmembers to co e familiar with the operations and issues facing our advisory bodies. ~ ~c.. - &l~h ..- ~t--~ PL-~ n:\a,(l ~ ~.-O ;1'(\. ________ ~~\T' -~ ~-O \\\'l \ ':, '? I\~\ VIE, \ 0<V ry ~~ J<<' 'J\t\ ~~O ~~(~G\ ,-\-,0 11.\'\/ ~<c jP 4/0 ~A "'-11 ~...Q \4 \<II J \:; '1-0 ~ r I?S . EDA Commissioner: The EDA Commissioner term of Tom Kedrowski expires December 31,1999. EDA Commissioner Jader has also submitted his resignation effective immediately because he no longer resides in Prior Lake. Under the EDA Bylaws, the Mayor makes the appointment subject to the City Council's confirmation. Under the EDA Bylaws, one of the appointments must be a Councilmember. The other may be a City resident. The Council could appoint the City resident at this meeting. A notice has been placed in the Prior Lake American soliciting applications for interview from interested persons. A recommendation would be submitted to the Council at a future date. 17. City Manager Evaluation Committee: There is no specific term for this committee. Mayor Mader and Council member Wuellner have served in this capacity in 1999. The committee is responsible for working with the Council to establish evaluation criteria for the Manager and for coordinating the evaluation in November. 18. Annexation Task Force: There is no specific term for this task force but Councilmembers Kedrowski and Wuellner served last year. I recommend a 60 or 90 day appointment of two Council members with the understanding that during that time period a report for final disposition of this matter will be submitted to the Council. 19. Orderly Annexation Board: Councilmember Kedrowski served on this Board as the City's representative. As long as the orderly annexation agreement exists, this three person board representing the City, County and Township is responsible for land use decisions in this area. ~~1J...)20. Weed Inspector: By statute, the Mayor is the weed inspector and may ~ delegate the function if desired. As the City's code enforcement officer, I I \ would recommend Steve Horsman be designated City weed inspector. , t\tfl,Styv4- . cott Count Water Plannin nd Citizen Adviso Boar s: In September 1998, the City Council appointed Lani Leichty and Dave Moran to the Credit River and Shakopee Basin Watershed Boards for two years and Mayor Mader to the Citizen's Advisory Committee for the same term. 1:\COUNCIL\AGNRPTS\2000\01 03_1 OD.DOC -----rr-"""'"T.- 11 ISSUES: ALTERNATIVES: RECOMMENDED MOTION: The City Council should review each of the above items and act upon them individually. (1) Act upon each appointment; or (2) Defer specific items for future consideration. Motion and second to approve those issues as deemed appropriate by the Council. 1:\COUNCIL\AGNRPTS\2000\0 1 03_1 OD.DOC OAmerican DEe 2 1 iS9y December 7, 1999 Mr. Frank Boyles City Manager City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, MN 55372 Dear Mr. Boyles, Please consider our request for appointment of the Prior Lake American as the official newspaper for the City of Prior Lake in 2000. Legal notices published in the Prior Lake American during this time period will be billed at the rate of $9.25 per column inch for the first insertion and $6.90 per column inch per subsequent insertions. The city can again take advantage of a lower rate if it submits legal notice copy on floppy disk in ASCII text format. The same rate would apply if the document is e-mailed in text format. This system worked well in 1999 and allows for a substantial labor savings if the Prior Lake American staff does not have to retype the notices prior to them being published in the newspaper. We would also request that hard copy accompany the disk in the event we have any difficulties transferring data files. The rate for the materials submitted in this manner would be $7.86 per column inch, reflecting a 15% cost savings to the City of Prior Lake. Thank you for the opportunity to be of service to you in the past. We hope that relationship can be continued in the coming year. R~pectfully, \/./ . (). ~artmann Publisher LAH:bb enclosure 14093 Commerce Avenue · Prior Lake, Mmnesota 55372 · (612) 447-6669 I I --r- INFORMATION FOR GOVERNMENTAL BODIES AND INDIVIDUALS USING THE LEGAL NOTICES SECTION OF THE PRIOR LAKE AMERICAN Deadlines Notices to be published must be received in the office of the Prior Lake American by 12:00 noon, on the Wednesday, preceding each publication date. This deadline must be observed to ensure accurate and timely publication of important notices. We will not accept faxed notices as legal documents, as these copies are often unreadable. All hard copy notices should be clean and typed. Affidavits One sworn affidavit of publication will be provided, upon request, without charge for each legal notice. Addi- tional affidavits are available at $3.50 each. Additional clippings are available for $1.00 each. Late Fee Urgent legal notices which do not arrive at the Prior Lake American office before the specified deadline may be accepted, at the publisher's discretion, but will have a late fee or surcharge of 25 percent added for special handling. Publication Requirements Most specifications for legal notice publication, including the number of times a notice is to run, are set forth by statute. Interpretation of the statutes is the responsibility of the customer and its legal counsel, not the publisher. Guidelines for governmental bodies, prepared by the Minnesota Newspaper Association, are available upon request. Kill Fee Publication of scheduled notices may be stopped, depending on how far the printing process has advanced. If a legal notice is killed before the initial publication date, the customer may still be liable for a special typesetting fee, not to exceed 30 percent of the cost of the published notice. The customer must pay on a pro data basis, for that part of a series of publications that have been completed before interruption by the customer. Errors Publisher assumes no responsibility for errors in typesetting or scheduling oflegal notices. In all cases, publisher's liability shall be limited to a "make good" of a defective notice if it can be demonstrated that the error was made by the publisher and that as a result of the error the legal notice was rendered invalid. Rates Effective January 1, 1985, the Minnesota State Legislature authorized legal newspapers to charge for legal notices in the same manner in which they charge their best commercial display classified customers. That means that legal notices are billed by the column inch, not by the "legal line." The law also restricts rate increases exceeding 10 percent per annum. PRIOR LAKE AMERICAN RATE INFORMATION Lowest classified rate paid by commercial users ......... .............. ................ ....................... $12.00 l.egal advertising, first insertion......................................................................................... $9.25 l.egal advertising, subsequent insertions............................ ................................................ $6.90 -;. A=~ 16817 Duluth Avenue SE Prior Lake, MN 55372-2947 (612) 447-6055 December 10, 1999 Frank Boyles City afPrior Lake 16200 Eagle Creek Ave SE Prior Lake MN 55372 Dear Frank, We would like the opportunity to become "The Official Bank of Prior Lake" and request the written requirements needed by your office to prepare our proposal. We would appreciate your immediate attention concerning this matter and will gladly meet with you to go over the requirements. I I ECONOMIC DEVELOPMENT AUTHORITY CITY OF PRIOR LAKE MEETING DATE: AGENDA#: PREPARED BY: DECEMBER 6, 1999 III DONALD RYE, PLANNING DIRECTOR AGENDA ITEM: CONSIDER AMENDMENTS TO EDA BYLAWS DISCUSSION: The City Council bylaws require each board or commission to review its bylaws annually and, if appropriate, recommend changes to the City Council. Staff has reviewed the bylaws and has two suggestions for changes. The first change is on the top of page two of the bylaws and is a typographical correction. The first sentence should be amended as follows: "All vacancies in the Board of Commissioners, whether caused by resignation, termination of Councilmembers, death or otherwise, shall be filled by City Counoil Mayoral ~ appointment with City Council confirmation." Under Article V -Officers on page two, the treasurers position is required to be filled by an EDA commissioner. State statute also requires that the position be filled by a Commissioner. However, the statute allows for an assistant treasurer position to be filled by someone who is not a commissioner. Currently, the City Finance Director has the role of assistant treasurer but this is not spelled out in the bylaws. Staff believes that this relationship should be reflected in the bylaws. If the EDA agrees, the revised bylaw language would be as follows: "The President, Vice-President and Treasurer shall be members of the Board of Commissioners. The City Manager's designee2 ~ will serve as the Secretary and assistantTreasurer. " Commissioners should review their copy of the bylaws to determine if there are other sections of the bylaws in need of attention. ALTERNATIVES: 1. Recommend the changes in the staff report plus any others which may be agreed upon by the EDA. 2. Make no recommendation RECOMMENDED MOTION: Motion to adopt alternative 1. L:\99FILES\99EDA \REPORTS\3120699.DOC 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER CITY OF PRIOR LAKE, MINNESOTA MAYOR AND CITY COUNCIL BYLAWS Adopted on May 27, 1986 Revisions: January, 1991 January, 19 May, 199 January, 19 January, 1995 January, 199 January; 19 May, 1997 January, 19 March, 199 January, 19 FRANK BOYLES CITY MANAGER ccby1aws.doc printed 12/29/99 ~ TABLE OF CONTENTS Section 1 Purpose 3 Section 2 Regular, Special and Emergency Meetings and Work Sessions 3 Section 3 Annual Meeting 4 Section 4 Meeting Agenda Format and Consent Agenda 5 Section 5 Quorum and Voting Procedures 7 Section 6 Minute Preparation 7 Section 7 Roles At Meeting 8 Section 8 Motions, Resolutions, Ordinances 10 Section 9 Public Hearing Format 11 Section 10 Committee Structure 12 Section 11 Provisions 14 Section 12 Reimbursement For Expenses 14 Section 13 Code of Ethics And Conduct 15 Appendix A Types of Motions 16 List of Bylaw Holders 18 ccbylaws.doc printed 12/29/99 2 SECTION 1: PURPOSE Purpose of the Prior Lake City Council Bylaws is to provide the members of the City Council with a set of operating procedures designed to guide them during the Council meetings, and to establish a code of ethics and conduct. 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: 1. A motion to amend a specific section, subsection, paragraph, sentence, or line is proposed. 2. A second to the motion is required. 3. Discussion on the Bylaws amendment occurs. 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. SECTION 2: REGULAR, SPECIAL AND EMERGENCY MEETINGS, AND WORK SESSIONS A) REGULAR MEETINGS: The Prior Lake City Council regular meeting shall be held on the first and third Mondays of each month commencing at 7:30 p.m. All regular meetings shall be held in the designated City Council Chambers. An open Forum shall precede each meeting. The Forum will commence at 7:00 p.m. and conclude at 7:25 p.m. The purpose of the Forum is to afford the public an informal opportunity to address concerns to the Council. No minutes will be kept nor recording made of City Council forums. 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. B) 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 ccbylaws.doc printed 12/29/99 3 ~ I a responsible person at the member's residence at least three days in advance of the meeting. (See City Code Section 1-5-2.) Notice shall be posted at City Hall and provided to any member of the public or news media who have requested notification in writing. C) EMERGENCY MEETINGS: The Mayor or City Manager may call an emergency meeting. Notice of the emergency meeting shall be given by telephone fax or written notice to members of the City Council. Notice shall be provided to each news medium and individual which 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. D) WORK SESSION: The City Manager may schedule work sessions. The purpose of the work session is to afford the City Manager the opportunity to discuss policy matters in a more informal environment. Therefore, public input will not normally be allowed unless specifically scheduled in the agenda or requested by one or more members of the City Council. The work session may be canceled at the discretion of the City Manager. E) 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. F) The agenda for a 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 4.A - Order of Business. Copies of the agenda, supporting documentation and minutes from the previous meeting shall be made available to the public: 1. Once the materials have been delivered to the Councilmembers. 2. A copy of the agenda materials will also be available in the Council Chambers for public inspection at the time of the meeting. SECTION 3: ANNUAL MEETING The Annual Meeting shall be the first regularly scheduled meeting in January. Regular business may be conducted during the Annual Meeting and the following organizational business is required to be on the Annual Meeting agenda: 1. 2. 3. 4. Swear in newly elected officials, if applicable. Acting Mayor. Official newspaper. Official bank. ccbylaws.doc printed 12/29/99 4 5. Equalization Committee. 6. Fire Chief/Assistant 7. Auditing Firm. 8. Fiscal Consultant. 9. Civil Defense Director 10. Health Officer 11. Appointment of Council Member as liaison to City Council Committees 12. Approval of City Council Appointed Committee Bylaws and Procedures. 13. City Council Bylaws Review. 14. Animal Control Officer. 15. Yearly Fee Schedule. 16. Appointments to Special Assessment Committee. SECTION 4: MEETING AGENDA FORMAT AND CONSENT AGENDA 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: 1. Call to Order 2. Pledge of Allegiance 3. Approval of Agenda 4. Approval of Minutes 5. Consent Agenda 6. Removed Consent Agenda Items 7. Presentations 8. Public Hearings 9. Old Business 10. New Business. 11. Other Business - Including Council member Reports 12. Adjournment The City Council may change by motion the order an item is to be considered on the agenda except those that are scheduled for a public hearing. The City Manager shall maintains a list of items scheduled to appear on meeting agendas. A Council member may request that the City Manager place an item on the next agenda of a regularly scheduled meeting. The member must inform the City Manager of this request no later than 4:30 p.m. on Monday before the scheduled meeting. If a citizen requests to appear before the City Council or requests an item to be placed on the agenda, the City Manager may determine whether the item is appropriate to place on the agenda or the City Council Forum. The City Manager may schedule presentations before the City Council giving preference to presenters and topics which relate to governmental business, are of community interest, provide information required by the Council to complete its duties or are provided by agencies representing citizens of Prior Lake. No Council action may take place ccby1aws.doc printed 12/29/99 5 II" I ~I ----~.1 as part of a presentation. However, an action item may be placed on the City Council agenda on the subject of a presentation. 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. 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, that item will be removed from the Consent Agenda and considered separately. . Items may be removed for good cause if a Councilmember or member of the public wish to address the Council on the subject. 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 set dates for public hearings, approval of payment of contracts, approval or denial of claims, award of bids, or any other item 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, a Councilmember, or member of the public, 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 City Council Agenda as a separate category . The presiding officer may call a recess at any time during the meeting. The purpose of the recess is to provide the City Council, staff and individuals at the meeting a short rest period from the Council business. The recess must be called for a specific length of time. The presiding officer may reconvene or extend the recess without regard to the initial length of the called recess. ccbylaws.doc printed 12/29/99 6 SECTION 5: QUORUM AND VOTING PROCEDURES A) At each meeting a majority of all the members elected (3 out of 5) shall constitute a quorum for the transaction of business. B) The voting options available to the City Council when a vote has been initiated are: aye - an affirmative vote; nay - a negative vote. A Council member may abstain only when they have a disqualifying conflict of interest. An abstention will be counted as a vote with the majority in the instance of a tie. C) 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". D) 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. E) When a question is put by the presiding officer, every member present shall vote; unless the Council, for special reason, shall excuse a member prior to the calling of the vote or a conflict of interest prohibits a member from voting. If a member abstains from voting based upon a conflict of interest, the Council member must advise the presiding officer of the nature of the conflict. Otherwise, any Councilmember, 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 positive. SECTION 6: MINUTE PREPARATION A) The City Manager is responsible for the minutes of the Meeting. The meeting proceedings will be audio and when available video tape recorded and noted by the Executive Secretary. The minutes are the official record of the meeting. The tape recording is intended to supplement the minutes and are not the official record. The following two requirements for Minute preparation shall be adhered to: 1. All motions typed in capital letters. 2. List the names of the City Council after their vote on each motion. B) 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 City Council shall review them 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. ccby1aws.doc printed 12/29/99 7 1f I I Approval of the minutes requires a motion, second and a majority vote of the members present at the meeting. C) The City Manager is responsible for the maintenance and filing of the Minutes. 1. Written minutes will be retained as a permanent record in paper or microfilm. 2. All audio and video tape proceedings will be retained in accordance with the City's data retention schedule. D) 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 consist of the actual costs for preparing such transcript, e.g., hourly wage, fringe benefits, copying and mailing costs unless the City has, for its own purposes, previously prepared a verbatim transcript. SECTION 7: ROLES AT MEETING A) 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 Council the meetings helps to develop a more enlightened and interested citizenry. B) Therefore, a Councilmember may recognize a member of the public for the purpose of allowing public input or a Councilmember may ask questions of a member of the public. C) Each individual member of the City Council may recognize a member of the public. Members of the City Council must use judgment and discretion when recognizing members of the public to speak during the time they have the floor. 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, Councilmembers should contact 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. D) Members of the general public, interested parties or their authorized representatives may address the City Council by written communications in regard to matters under discussion. Written communications may be read aloud at the meeting at the discretion of the presiding officer, if so requested by the author or a member of the City Council. In any case, the written communication shall become part of the record. The communication(s) may be read by the presiding officer or his/her designee. If the communication is lengthy, the presiding officer may summarize the content and advise that the full text of the communication will be part of the record and available to the public for review. ccby1aws.doc printed 12/29/99 8 E) The presiding officer has the same voting powers as do the Councilmembers. The presiding officer may vote whenever a vote is taken 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. F) 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 Councilmembers. G) The presiding officer has two unique powers: (1) interpreting and applying the rules of procedure; and (2) recognizing speakers from the audience. H) The presiding officer is responsible for maintaining order at the meetings. I) 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 who desires to speak on the issue under consideration. J) The presiding officer has the responsibility to facilitate discussion by the City Council. This may occur in a variety of ways, including: 1. Interpret and apply rules of procedure. 2. Decide whether motions are properly made. 3. Decide whether motions are in order. 4. Decide whether questions of special privilege ought to be granted. 5. Decide when to recognize speakers. 6. Call for motions or recommend motions. 7. Expel disorderly persons from the meeting. 8. Enforce speaking procedures. K) One member of the Council shall serve as Acting Mayor elected by the Council at the Annual Meeting. The Acting Mayor shall preside at all meetings when the Mayor is absent from the meeting assuming responsibilities as set forth above. In the absence from the City or disability of the Mayor, the Acting Mayor may execute documents on behalf of the City. L) All members of the City Council may make and second motions, participate in discussions and vote whenever a vote is taken. M) As individuals, Councilmembers have no administrative authority. When acting as a Council, however, the legislative body has authority over the appointed City Manager. This authority is restricted to conducting investigations and establishing policies for execution by the Manager. ccby1aws.doc printed 12/29/99 9 11 I T N) 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. 0) The Department Heads may attend all meetings. The Department Heads shall attend the meetings when directed by the City Manager. P) 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. SECTION 8: MOTIONS, RESOLUTIONS, ORDINANCES A) 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 statute. B) 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. Every motion shall be stated in full and be reasonably understood, to the extent practical, before it is submitted to a vote by the presiding officer. All motions of the City Council are adopted if they receive a majority of the votes cast (unless otherwise stated below) by the members present. To illustrate, if two members of the Council vote in favor of a motion, one votes against it, and two abstain from voting, the motion is considered passed. C) 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 are adopted if they receive a majority of the votes cast of the members present. 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. ccbylaws.doc printed 12/29/99 10 D) Ordinances: An ordinance, which has the force of law, 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 and must receive at least three favorable votes to be passed, unless a larger vote by law or these Bylaws, State Statute, or City Ordinance. 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. 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. E) These Bylaws shall govern the procedures of the Prior lake City Council immediately upon adoption. If an issue is raised or point is made which is not covered in the Bylaws, the procedures to respond to the issue or point 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 objects to the method of procedure and point out to the Council the particular rule which it is claimed was not observed. SECTION 9: PUBLIC HEARING FORMAT Public Hearings shall be conducted in the following manner: 1. The presiding officer calls the Public Hearing to order and declares the time of opening. It is the intent of the City Council to open all public hearings at the predetermined and published time. From a practical standpoint not all hearings can be opened at their designated time. The presiding officer may delay the start of a hearing until the business at hand is acted upon, in any manner, by the City Council. However in no circumstances can a hearing be opened prior to the predetermined and published time. ccbylaws.doc printed 12/29/99 11 I I ---,r-------.--.----....-.-.- 2. The presiding officer shall read from the hearing notice the details on the hearing sufficient to provide the public a general understanding of the purpose of the hearing. 3. The presiding officer announces the type of input to be received by the citizens - informal or formal including time limits, if any. 4. Staff makes a presentation or report on the subject matter for the hearing. 5. If applicable, the developer or consulting engineer makes a presentation or report on the subject matter. 6. The presiding officer asks for citizen input, comments and questions. 7. The City Council addresses the subject matter through deliberation, questions to citizens and Staff, and reactions and statement of position on the subject. 8. The presiding officer requests a motion to close the public hearing and states the time the hearing is closed. 9. The City Council may reserve the right to reopen a public hearing or receive additional information. 10. The City Council may take action on the subject matter. If the City Council decides to continue the hearing, the presiding officer, in consultation with the City Manager and City Council, shall select and announce a time and date for further deliberation and action. No additional publication or notice requirements are needed if a hearing is continued to a later date. SECTION 10: COMMITTEE STRUCTURE The existing Committees of the City Council and their regulatory provisions are as follows: 1. Planning Advisory Commission: City Code 2-3-1 to 2-3-4. 2. Park Advisory Committee: City Council adopted Bylaws. 3. Lake Advisory Committee: City Council adopted Bylaws. The Planning Commission has been established by statutory authority and the structural composition and Commission rules are set forth in the City Code. Annually the City Council shall appoint a City Councilmember to be a liaison to a City board or commissions. No Councilmember shall serve as a liaison to the same Board or Commission for more than one year. The City Council shall prepare suggested bylaws for each Committee. At its first meeting of each year, the committee shall adopt the ccbylaws.doc printed 12/29/99 12 suggested bylaws or recommend changes to the City Council. The City Council must approve any requested or recommended change. Amendments to a committee's bylaws may be proposed to the Council at any time subsequent to their annual adoption. The City Council on its own initiative may adopt changes to a Committee's bylaws. Vacancies in the City Council's Committees shall be filled in the following manner: 1. Notice of vacancy is made public and interested individuals may be contacted and encouraged to consider the position. 2. The City Manager and one City Councilmember who is the liaison to the committee, together with the Committee Chair (unless the appointment is the committee chair appointment or re-appointmentt shall interview all candidates and make a recommendation to the full City Council. No person will sit on any committee charged with the selection of the successor for that person. 3. The Councilmember who is liaison to the body shall present the recommendation to the City Council and the Council may accept or reject the recommendation. If they reject the recommendation, they shall appoint someone else or decide to reopen the vacancy to the public for new individuals. C. The City Council may establish advisory Committees from time to time to study, research, analyze and make recommendations on a particular issue or subject matter. The Committees shall be established through one of four means: provision in the Bylaws, motion, resolution or ordinance. The Committees shall consist of as many members and perform such duties as the City Council may require. Committees may only exercise those duties assigned to them by the City Council (conduct investigations, make reports on facts, interview individuals). The Committees may not make decisions delegated to the City Council by statutory authority. D. The Council may meet with each committee/commission annually in a workshop to discuss goals and objectives, mutual concerns or questions and other business as appropriate. E. The Council may from time to time establish special Council committees. By dividing their membership into several committees, a Council enables its members to devote time to a specific issue. The Council appoints special committees to deal with a single transaction or project. For example, the Council might appoint a special committee to study the advisability of purchasing land for a new park. The work of a special Council committee should be limited to special policy problems or to certain public relations functions that are not the responsibility of administrative personnel. Committees may exercise all duties which the Council has legally assigned to them. They can make recommendations to the Council, but not make decisions on behalf of the council. Committees are subject to the same rules as the full Council under the Open Meeting Law. The Council's final decision, not the committee's recommendation, binds the City. ccby1aws.doc printed 12/29/99 13 ~ I I SECTION 11: PROVISIONS 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. The rules herein may be suspended upon a 4/5 (80%) vote of the members for a specific meeting only. SECTION 12: REIMBURSEMENT FOR EXPENSES The following regulations will govern all travel, mileage and meal reimbursement expenses in the conduct of official Council business: 1. Reimbursement for meals and parking are intended to refund actual costs incurred. A receipt is required for reimbursement for each. No alcoholic beverage is eligible for reimbursement. 2. Reimbursement for travel, other than mileage are intended to refund actual costs incurred. A receipt is required for reimbursements for airfare, lodging and any applicable registration fee. Reimbursements for taxis must be itemized as "from" and "to" when possible. 3. Mileage reimbursements must be accompanied by an itemized listing of the date, and the purpose for the trip. Mileage rate will be consistent with the rate offered to City employees which is established according to the Federal Standards. 4. Payment for any eligible reimbursable expenses shall be made after approval by the City Council of the invoices which contains the expenses itemized within. Councilmembers attending seminars or conferences at City expense are expected to provide the Council with a summary of the meeting. SECTION 13: CODE OF ETHICS AND CONDUCT A) Declaration of Policy: The proper operation of democratic government requires that the public has confidence in the integrity of its government. In recognition of this goal, there is hereby established a Code of Ethics and Conduct for public officials. The purpose of this Code is to establish ethical standards of conduct for all such officials by setting forth those acts or actions that are incompatible with the best interests of the City, and by directing disclosure by such officials of private, financial or other interest in matters affecting the City. The provisions and purpose of this Code and such rules and ccby1aws.doc printed 12/29/99 14 regulations as may be established are hereby declared to be in the best interests of the City. B) 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. C) Personal Conflicts of Public Officials: Any public official who has a potential conflict of interest, shall publicly disclose the conflict before taking part in any action, discussion or vote pertaining to the matter. This provision shall not be interpreted to permit any act otherwise prohibited by law. D) 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. E) 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. ccbylaws.doc printed 12/29/99 15 ~ , ---" ~ APPENDIX A: TYPES OF MOTIONS 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 Questions) - A motion to prevent or stop deliberation on a pending motion and to bring the pending motion to an immediate vote. A motion to the "Previous Question" requires a second and a two-thirds majority vote to pass, however, no discussion is allowed on the motion. Two votes are required when a Previous Question motion is seconded. The first vote is to close the debate (requires two thirds majority vote) and, if that passes, the second vote is then on the original motion being deliberated prior to the Previous Question being called. If the close the debate motion fails, then deliberation on the original motion continues. 5. Substitute Motion: This is a motion which 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. ccby1aws.doc 16 printed 12/29/99 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. The presiding officer may rule on the eligibility of a motion which has been requested to be divided into two or more individual motions. 8. 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 which, 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. 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. Nothing herein shall be construed to prevent any member of the Council from making or remaking the same or any other motion at a subsequent meeting of the Council. ccbylaws.doc 17 printed 12/29/99 r 1 r