HomeMy WebLinkAbout8D - City Council By-Laws
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MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
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CITY COUNCIL AGENDA REPORT
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March 6, 2000
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City Councilmembers Ericson and Gundlach
CONSIDER APPROVAL OF SUMMARY REPORT FOR THE REVISION
OF CITY COUNCIL BYLAWS.
History:
Annually, the City Council reviews its bylaws to assure that they are
accurate and up to date. This year, the City Council directed two
Council members to work with the City Attorney and City Manager to review
the document and recommend changes as appropriate.
Current Circumstances:
We have met on two occassions to discuss proposed revisions to the
bylaws. We have also distributed a draft of the bylaws to all
Council members for input. We believe that the revised bylaws are
responsive to recommendations made by Councilmembers.
Conclusion:
Shown below is a summary of the revisions we propose to the bylaws. The
City Council should review and discuss each proposal and determine the
contents of the final document. Following that discussion, the Council could
act to approve the bylaw revisions, or refer the topic back to the
subcommittee for additional refinement.
ISSUES: The revisions proposed in the bylaws are as follows:
(1) Entire document has been renumbered for easier reference.
(2) Page 4 - City Council Forum: Language has been revised to better define
thepurpose of the forum and process for this portion of the meeting.
(3) Page 4 and 5 - Annual Meeting: Language has been added to clarify the
purpose and action items at the annual meeting.
(4) Page 6 - Presentations: The purpose for presentations and the fact that
they are non-action items has been clarified.
(5) Pages 6 and 7 - Agenda Format The preparation of the agenda section
has been reformatted and specifies method of agenda preparation and
modification.
16200 Eagle Creek Ave. S,E., Prior Lake, Minnesota 55372-1714 I Ph. (612) 447-4230 I Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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ALTERNATIVES:
RECOMMENDED
MOTION:
City Council Agenda Item 80
Review of City Council Bylaws
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(6) Pages 7 and 8 - Quorum and Voting Procedures: These have been
modified to address more completely what a conflict of interest is and how it
should be treated.
(7) Page 8 - Voting Procedure: This section has been added to address how
action items are addressed by the City Council at the meeting.
(8) Page 9 - Official Minutes and Page 10 - Roles at Meeting: These
revisions provide a method for objecting to Council action without disrupting
the meeting. The section also clarifies what the official record is and its
content as well as what it is not.
(9) Page 12 - Resolutions: Resolutions are now required by the bylaws for
any expenditure exceeding $25,000. The ordinance definition is modified
slightly.
(10) Page 14 - Public Hearings: Public hearings may be continued once
without renotification.
(11) Page 14 - Committee Structure: Bylaws for the Council's committees are
adopted by the Committee and affirmed by the Council. The Council may
also initiate bylaws changes.
(12) Page 15: The Council would commit to meeting at least annually with each
of its advisory bodies.
(13) Page 15 - Other Commissions and Authorities: Where Councilmembers
serve as a City Council representative to another body, that Councilmember
will provide reports and, where appropriate, receive advance City Council
approval before voting on matters which may affect the City.
(14) Page 19 - Appendix A: Motions to table are debatable.
1. Review, discuss and adopte the bylaws as proposed or as amended.
2. Defer action for a subsequent meeting.
As determined by the Council.
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CITY OF PRIOR LAKE, MINNESOTA
MAYOR AND CITY COUNCIL
BYLAWS
Adopted on May 27, 1986
Revisions:
FRANK BOYLES
CITY MANAGER
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TABLE OF CONTENTS
Section 100
Purpose
Section 200
Regular, Special and Emergency Meetings
and Work Sessions
Section 300
Annual Meeting
Section 400
Meeting Agenda Format and Consent Agenda
Section 500
Quorum and Voting Procedures
Section 600
Minute Preparation
Section 700
Roles At Meeting
Section 800
Motions, Resolutions, Ordinances
Section 900
Public Hearing Format
Section 1000
Committee Structure
Section 1100
Provisions
Section 1200
Reimbursement For Expenses
Section 1300
Code of Ethics And Conduct
Appendix A Types of Motions
List of Bylaw Holders
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SECTION 100:
PURPOSE
101: 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.
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.
SECTION 200:
REGULAR, SPECIAL AND EMERGENCY MEETINGS, AND WORK SESSIONS
201: [Removed from Work Session heading to be included here] 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 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 JO 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.
202: 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 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.
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203: [Removed from Work Session section to be included here] 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 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:
203.1 Once the materials have been delivered to the Councilmembers.
203.2 A copy of the agenda materials will also be available in the Council Chambers
for public inspection at the time of the meeting.
205: 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.
206: WORK SESSIONS: The City Manager may schedule work sessions. 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. Therefore, p .Eublic input will not normally be
allowed unless specifically scheduled in the agenda~ or requostod by one or more membors of
tho City Council. The work session may be canceled at the discretion of the City Manager.
207:
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207.1 Eve,y7iidfvidual who addresses the Council at the Forum shall state their name
and address before beginning any comments.
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 indicate its interest that the
subiect matter of a Forum presentation be placed on a subsequent City Council
agenda.
SECTION 300:
ANNUAL MEETING
301: The Annual Meeting shall be t The first regularly scheduled meeting in January shall be
referred to as the annual meeting. Regular business may be conducted during the Annual
Meeting at this meeting and the following organizational business is required to be on the
Annual Meeting agenda:
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301.1 Swear in newly elected officials, if applicable.
301.2 EkH;1 Acting Mayor. At its first meeting each year the Council shall choose
an acting mayor from the Councilmembers. 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.
301.3 Appoint the Officiall1ewspaper.
301.4 - Designate the Official bank.
301.5 Designate the Equalization Committee.
301.6 Appoint the Fire Chief/Assistant
301.7 Appoint an Auditing Firm.
301.8 Appoint a Fiscal Consultant.
301.9 Designate a Civil Defense Director
301.10 Designate a Health Officer
301.11 Appointment of Council Members to serve as Liaison~ to the various City
Council Advisory Committees
301.12 Approval of City Council Appointed Committee Bylaws and Procedures.
301.13 Approve City Council Bylaws Review.
301.14 Designate an Animal Control Officer.
301.15 Adopt the Yearly Fee Schedule.
301.16 Appointments to the Special Assessment Committee.
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
Pledge of ^lIegiance
401.2 Approval of Agenda
401.3 Approval of Minutes
401.4 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, that item ~ will be removed from the Consent Agenda and
considered separately.
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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,
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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.
401.5 Removed Consent Agenda Items
401.6 Presentations
. [Removed from section 404 to be included here]. The City Manager may sche ule
presentations before the City Council giving preference to presenters an topi
which relate to City governmental business., . . .
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Council action.
401.7 Public Hearings
401.8 Old Business
. 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.
401.9 New Business.
401.10 Other Business - Including Councilmember Reports
401.11 Adjournment
402: 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 M:mager sh:J1I maintains :J list of items scheduled to appe:Jr on meeting agondas.
^ Councilmember m:lY request th:lt the City M:ln:Jger place an item on the next :lgend:l of a
regularly schedulod meeting. The momber must inform the City Manager of this request no
bter th:ln 4:30 p.m. on Monday bofore the scheduled meoting.
If a citizen requests to appear before the City Councilor requests :In item to be pl3ced on the
agend:l, the City Manager shall may determine whothor the item is :lppropriate to place on the
agenda or the City Council Forum. No Council action may take place as p:Jrt of:l prosentation.
HO'J.'ever, an action item may be pbced on the City Council agenda on the subject of a
presontation.
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403: 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. ,,'1 \
403.3
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 ,\,J
regular meeting.
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.
The City Manager shall maintain a list of items scheduled to aDDear 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."
403.1
403.2
404: 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
individuals at the meeting with a short rest period from the Council business. Tho rocoss must
bo called for a specific length of time. The presiding officer may reconvone or extend the.
recess without rog:3rd to the initial length of the called recess.
SECTION 500:
QUORUM AND VOTING PROCEDURES
501: At each meeting a majority of all the members elected (3 out of 5) shall constitute a quorum
for the transaction of business.
502: The voting options available to the City Council when a vote has been initiated are: aye - an
affirmative vote; nay - a negative vote. A Council member may abstain only when they have a
disqualifying conflict of interest. An abstention will be counted as a vote with the majority in the
instance of :3 tie. 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
503: 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:
503.1 prepare a written statement describing the matter requiring action or decision
and the nature of the potential conflict of interest; and
503.2 deliver a copy of the statement to the presiding officer.
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504: If a potential conflict of interest presents itself and there is insufficient time to comply
with clause 503.1. the public or local official must orally inform the City Council of the
potential conflict. MN Stat. Ch. 10A.07. subd. 1.
505: The purpose behind the creation of a rule which would disqualify public officials from
participating in proceedings in a decision-making capacity when' they have a direct
conflict of interest in its outcome is to 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. Lenz v.
Coon Creek Watershed Dist.. 278 Minn. at 1. 153 N.W.2d at 209 (1967).
506: 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".
507: 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.
508: When a question is put by the presiding officer, every member present shall vote; unl.ess 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 Councilmember must advise the presiding officer of the nature of the
conflict. A vote dealing with a special assessment which affects a Councilmember's
property shall be considered a disqualifying interest. 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 affirmative positive.
509: Voting Procedure: An agenda item shall be put before the City Council for its
consideration and vote in the following manner:
509.1 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.
509.2 The City Manager may call upon a City staff member to further describe the
agenda item.
509.3 Discussion of the agenda item by the Council requires a motion and second to
formally put the matter before the Council.
509.4 Councilmembers may. at this point. ask questions of staff. present their views
and engage in a dialogue with other members of the Council.
509.5 After discussion concludes. the presiding officer shall call for a vote on the
matter pending.
509.6 Once a vote is taken. no further discussion on the matter may occur without a
motion for reconsideration.
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SECTION 600:
MINUTE PREPARATION
601: The City Manager is responsible for the preparation of the minutes of the Meeting. The
meeting proceedings will be audio recorded and when available video tape recorded and
noted by the Executive Secretary. The minutes of the meeting as approved by the City
Council are the official record of the meeting. The tape recording is intended to supplement
the minutes for the purpose of an on the record review. (Swanson v. City of
Bloomington. 421 NW 2nd 307 (1988). 3nd are not the official record. 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 ruled out of order by the presiding officer shall not appear
in the minutes. 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. 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 in paper or microfilm.
604.2 All audio and video tape proceedings will be retained in accordance with the
City's data retention schedule. Video and audio tapes may be viewed/heard
at City Hall during normal business hours. Original video and audio tapes
will not be loaned out. Copies may be obtained through the City.
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 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. in which case the
individual requesting a copy of the transcript shall pay the City's standard photocopy
charge.
SECTION 700:
ROLES AT MEETING
701: All meetings of the City Council shall comply with the Minnesota Open Meeting law which
requires meetings (with few exceptions) of all municipal bodies to be open to the public. The
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702:
703:
704:
705:
706:
707:
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City Council of Prior Lake encourages citizen attendance. Public attendance at Council the
meetings of the Council helps to develop a more enlightened...... -aM- interested gm;[
participatory citizenry.
Obiections to recessing the regular meeting into Executive Session. Any individual
desiring to obiect to the Council's adiournment 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 obiection shall be made in writing providing the basis or legal
authority for the obJection. together with the name. address and phone
number of the obiector.
702.2 The written objection must be tendered to the City Manager within one
business day of the alleged violation. . ....
Therefore, h ~ouncilmember may recognize a member of t'<Ubl~ for the purpose of
allowing public input or a Councilmember may asking a ques~;\re'ating to the matter
under consideration by the Council of a member of tho public~\\E'acli individual member of
the City Council may rocognize a membor of the public. Members of the City Council must.
use judgment and discretion when recognizing members of the public to speak answer a
question 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 prepara~ion for
Council meetings, Councilmembers should 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.
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.
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.
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.
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708: The presiding officer has two unique powers: (1) interpreting and applying the rules of
procedure; and (2) recognizing speakers from the audience.
709: The presiding officer is responsible for maintaining order at the meetings.
710: 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 wOO
desires to spe3k on to answer questions relating to the issue under consideration.
711: The presiding officer has the responsibility to facilitate discussion by the City Council. This
may occur in a variety of ways, including:
711.1 Interpret and apply rules of procedure.
711.2 Decide whether motions are properly made.
711.3 Decide whether motions are in order.
711.4 Decide whether questions of special privilege ought to be granted.
711.5 Decide when to recognize speakers.
711.6 Call for motions or recommend motions.
711.7 Expel disorderly persons from the meeting.
711.8 Enforce speaking procedures.
712: 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, or where the Mayor is known to be unreachable and there is an
urgency to executing the document, the Acting Mayor may execute documents on behalf of
the City.
713: All members of the City Council may make and second motions, participate in discussions
and vote whenever a vote is taken.
714: 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.
715: 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.
716: The Department Heads may attend all meetings. The Department Heads shall attend the
meetings when directed by the City Manager.
717: 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 maiority
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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 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 wiil
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.
803: 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 :1re adopted if they receive a m3;jority of the votes cast
(unless otherwiso stated belm~:) by tho members prosent. To iIIustr:1te, if 11.'/0 members
of the Council voto in favor of a motion, one votes against it, :1nd two :1bst:1in from voting,
the motion is considered passed.
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 are required to
authorize for the execution of any contract exceeding $25.000 or as otherwise specified
in the City's Purchasing Policy. Resolutions may be enacted on a motion which has been
duly seconded, and received maiority vote. are adopted if they receive :1 majority of the
votos cast of the membors 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.
805: Ordinances: An ordinance is a law governing or regulating some activity that is properly
within the power of the Council to regulate. , which h:1S the force of law, 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 and must receive at least three favorable votes to be passed, unless a larger
vote is required by ~ law or these Bylaws., State Statute, or City Ordinance.
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,
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must approve and authorize the proposed summary. Proof of publication shall be attached to
and filed with every ordinance.
807: All ordinances shall be reviewed by the City Attorney prior to presentation to the_Council. The
ordinance format includes: title; number; enacting clause; the contents or body; the penalty;
the closing; the attestation, publication date and the effective date. The City Manager will
maintain a record of all ordinances and will be responsible for the Prior Lake City Code and
codification requirements. The Council may authorize the City Manager to contract for
codification services.
808: 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 raises a parliamentary obJection objects to the method of procedure and point out
te advises the Council.Qfthe particular rule which it is claimed was not observed.
SECTION 900:
PUBLIC HEARING FORMAT
901: Public Hearings shall be conducted in the following manner:
901.1 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.
901.2 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.
901.3 The presiding officer announces the type of input to be received by the citizens -
informal or formal including time limits, if any.
901.4 Staff makes a presentation or report on the subject matter for the hearing.
901.5 If applicable, the developer or consulting engineer makes a presentation or report on
the subject matter.
901.6 The presiding officer asks for citizen input, comments and questions.
901.7 The City Council addresses the subject matter through deliberation, questions to
citizens and Staff, and reactions and statement of position on the subject.
901.8 The presiding officer requests a motion to close the public hearing and states the time
the hearing is closed.
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901.9 The City Council may reserve the right to reopen continue a public hearing. or receive
additional information. If the City Council decides votes to continue the hearing, the
presiding officer, in consultation with the City Manager and City Council, shall select
and announce a time and date certain for the continued public hearing. further
delibor:Jtion and action. No additional publication or notice requirements are needed if
a hearing is continued to a later date. However. no public hearing may be
continued more than once without re-notice and publishing the time. date and
location of the hearing.
901.10 The City Council may take action on the subject matter.
SECTION 1000:
COMMITTEE STRUCTURE
1001: The existing Committees of the City Council and their regulatory provisions are as follows:
1001.1
Planning Advisory Commission: City Code 2 3 1 to 2 3 "'.
. 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: City Council adopted Bylaws.
Lake Advisory Committee: City Council adopted Bylaws.
1001.2
1001.3
1002: 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 consecutive year. The Committee shall adopt bylaws. to govern the
conduct of the Committee. The Committee shall present their bylaws to the City
Council for consideration The City Council shall prep3re suggested bybws for each
Committee. at its first meeting of each year. The City Council shall adopt the suggested
bylaws or recommend changes to the City Council. The City Council must 3pprove 3ny
requested or recommended change. Thereafter, amendments to a Committee's bylaws may
be proposed to the Council at any time. subsequont to their annual adoption After the
Council adopts the Committee's bylaws. the City Council on its own initiative may adopt
further changes to a Committee's bylaws at any time; however. no such amendments
shall take effect for sixty (60) days after their passage.
1003: Vacancies in the City Council's Committees shall be filled in the following manner:
1003.1 Notice of vacancy is made public and interested individuals may be contacted
and encouraged to consider the position.
1003.2 The City Manager and one City Council member 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.
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1003.3 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.
1004: 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. '
1005: 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.
1006: Annually. the Council may shall meet with each committee/commission annually in a
workshop to discuss goals and objectives, mutual concerns or questions and other
business as appropriate. Meetings between the Council and committees/commissions
may occur on a more frequent basis if needed.
1007: 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. Tho Council appoints Special committees appointed by the Council are
~stablished 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 cert:lin
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 may 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.
o
1008: Other Commissions and Authorities. There are certain authorities. committees and
commissions where a Councilmember is appointed and serves as a representatives of
I' the Prior Lake City Council. Any Councilmember serving in such a capacity shaff seek
/ i prior approval and authority from the City Council before voting on any matter which
~ may affect the City. A Councilmember appointed to serve on a committee. commission
or authority shall provide the City Council with quarterly reports on the activities of the
committee~ commission or authority. The Councilmember shaff exercise iudgment as to
whether more frequent reporting is necessary.
SECTION 1100:
PROVISIONS SUSPENSION OF RULES
1101: 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
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be suspended upon a motion. second and debate. and a 4/5 (80%) vote of the members for
a specific meeting only.
SECTION 1200:
REIMBURSEMENT FOR EXPENSES
1201: The following regulations will govern aU travel, mileage and meal reimbursement expenses
in the conduct of official Council business:
1201.1 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.
1201.2 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.
1201.3 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.
1201.4 Payment for any eligible reimbursable expenses shall be made after approval by
the City Council of the invoices which contains the expenses itemized within.
Council members attending seminars or conferences at City expense are expected
to provide the Council with a summary of the meeting.
1201.5AII expenses incurred by a Councilmember in connection with fulfilling their
duties shall be reimbursable.
SECTION 1300:
CODE OF ETHICS AND CONDUCT
1301: 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 regulations as may be
established are hereby declared to be in the best interests of the City.
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.
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1303: Personal Conflicts of Public Officials: /\ny public official who has :1 potential conflict of
intorest, ~hall publicly disclose the conflict before t3king part in any action, discussion or 'Iote
pertaining to tho mattor. This provision sh311 not be interpreted to permit ::my act otherwise
prohibited by lav:.
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.
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APPENDIX A: TYPES OF MOTIONS AND PROCEDURES
The following motions will be available for use by the members:
1. Main Motion - An act to bring substantive proposals before the City Council for
consideration and action. After the motion is stated and seconded, the subject of the
motion may be deliberated and voted upon. Deliberation may take place by the Mayor,
Council, Staff or the general public as long as the procedures for citizen input are followed
pursuant to Section 7.B of these Bylaws.
2. Amend Main Motion - A main motion that is being deliberated and has not been voted
upon may be changed or modified by a motion, a second, deliberation and a subsequent
vote. The only motion that may be amended is the main motion.
3. Postpone Definitely Motion- A motion to put off consideration or discontinue discussion of
any motion on the floor and that which established a definite time for the motion to be
reconsidered. A motion to postpone definitely requires a second, deliberation and a
subsequent vote.
4. Vote Immediately Motion (Previous Question) - A motion to prevent or stop deliberation
on a pending motion and to bring the pending motion to an immediate vote. A motion to the'
"Previous Question" requires a second and 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. Each section or idea that is
to be voted on separately must be acted upon through a separate motion, second,
discussion and subsequent vote. Any member of the City Council may request a motion
to be divided into two or more individual motions.
8. The presiding officer may rule on the eligibility of a motion which has been requested to be
divided into two or more individual motions.-
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. .
9. Privileged Motion: These motions do not relate to pending business, but have to do with
special matters of immediate and overriding importance, which without any debate, shall
be allowed to interrupt the consideration of anything else. These motions can be made at
any time, even if another motion is being considered at the time, and they must be
settled or voted upon immediately. Motions to adjourn the meeting or take a recess cannot
interrupt a speaker, while a motion on a question of privilege or point of vote can interrupt a
speaker.
Privileged motions include:
· 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 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.
Nothing horein shall be construed to prevent any momber of the Council from making or
remaking the same or any other motion at a subsequent meeting of the Council.
10. Notwithstanding Robert's Rules of Order. a motion to "lay on the table" shall be
debatable.
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