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HomeMy WebLinkAbout8B - City Council By-Laws CITY COUNCIL AGENDA REPORT ~j~ Ovt- i 7. MEETING DATE: April 3, 2000 AGENDA #: 8B PREPARED BY: City Councilmembers Ericson and Gundlach CONSIDER APPROVAL OF SUBCOMMITTEE REPORT REGARDING CITY COUNCIL BYLAWS. -.. .~\ ""~~'-. DISCUSSION: 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. The item was brought to the City Council for review at its March 6th regular meeting. The agenda report from ~o~~ v T~ ,\.~ that meeting is attached to help Council members refer to the revisions previously ~,. made. At that time staff reviewed the proposed changes. and the Council ~c..c.., '-.) directed that any additional comments by Councilmembers be submitted to the' subcommittee by March 20th for consideration by the Council at the April 3rd meeting. AGENDA ITEM: Current Circumstances: The subcommittee has met to review and discuss recommendations made by Council members and revised the bylaws accordingly. A color copy of the Bylaws is attached. Any provision printed in red is a change which has been proposed since the Council's March 6th review. Conclusion: The City Council should review and discuss each proposal and determine the contents of the final document. Following the discussion, the Council could act to approve the bylaw revisions as submitted, or propose additional changes and approve the bylaws as amended. ,Ii, The revisions reviewed with the City Council at the March ~ meeting, together with those recommended tonight represent an effort by the City Council subcommittee to develop a long-standing document which will not require significant revisions in the near term. Instead, the Bylaws were developed as a guideline which will be useable by future Councils regardless of individual composition as a guide for the effective conduct of Council affairs. / ) 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ----------...-y---...- r City Council Agenda Item 98 April 3, 2000 ISSUES: Many of the additional revisions to the Bylaws are minor. The most significant additional revisions proposed in the bylaws are as follows: Section 207: Language was added to clarify the procedures for the public forum. Section 301: Language was added to allow the Council to defer any annual meeting appointment for a specific reason. Section 401.8 and 401.10: Language was moved from 401.8 (Old Business) to its proper place under Other Business. (401.10). Section 403.4: Language was added that states the Council authorizes the final agenda. Section 509.6: Language was struck to allow discussion following a vote without a motion for reconsideration. Language was added to clarify that the City Manager or Council may call on staff for additional information. Section 602: Clarification was made to an earlier revision regarding statements. made outside of the regular meeting and their inclusion in the official minutes. Section 604.3: A provision was added providing for reimbursement for materials and labor when the City provides copies of video/audio tapes or verbatim transcripts of the minutes. Section 714: A sentence was struck which previously restricted the Council's authority over the City Manager to conducting investigations and establishing policies for execution. Section 1008: The provision previously added that would require Council approval before voting on other commissions or authorities was struck. Section 1304: A provisions was added that allow the Council to censure one of its own by a majority vote. ALTERNATIVES: 1. Review, discuss and adopt the bylaws as proposed or as amended. 2. Defer the matter for additional discussion. RECOMMENDED MOTION: Alternative 1. The subcommittee believes that the entire Council has had significant opportunities to provide input in the revision process. Once adopted, the staff will remove the Bylaws from legislative format and distribute them for inclusion in your Bylaw notebooks. ADOPTION OF THE BYLAWS REQUIRES A 4/5TH VOTE. I :\COUNCIL \AGNRPTS\2000\0403_ 8S.DOC ...- - T CITY OF PRIOR LAKE, MINNESOTA MAYOR AND CITY COUNCIL BYLAWS Adopted on May 27,1986 Revisions: January. 1991 January, 1993 May, 1993 January, 1994 January, 1995 January, 1996 January, 1997 May, 1997 January, 1998 March, 1998 January, 1999 April 2000 (draft) FRANK BOYLES CITY MANAGER ccbylaws.doc printed 3/29/00 1 . 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 ccbylaws.doc printed 3/29/00 2 . ~----_... 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 Worl< 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 MEEnNGS: 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. 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. ccbylaws.doc printed 3/29/00 3 . ---------r- 203: [Removed from Worle 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 either 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 subiect to Council aooroval.. The purpose of the work session is to afford the Citv Council. City Manager and Citv 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 requested by one or more members of the City Council. The work session may be canceled at the discretion of the City Manager. 207: CITY COUNCIL FORUM: A Citv Council "Forum" shall orecede every regularly scheduled Citv Council meeting. The Forum shall begin at 7:00IJm. The Forum is orovided as an oooortunitv for residents. business owners and oroperty owners of Prior Lake to address the Citv Council on anv subiect that is of communitv interest. orovides information reQuired bv the Council to comolete its duties. or are provided bv agencies representing citizens of Prior Lake. 207.1 EveN individual who addresses the Council at the Forum must first be recognized by the oresiding officer and then shall state their name and address before beginning any comments. 207.2 No Council action mav take place during the Forum. However. Councilmembers mav express their views or reaction to a oresentation and mav ask Questions of the oresenter. 207.3 At the conclusion of the Forum. the Council mav indicate its interest that the subject matter of a Forum oresentation be olaced on a subsequent City Council .. agenda. ~ IT t e ouncil deems that the comments are not aoorooriate to the oublic ~ interest. thev reserve the right to reQuest the soeaker to vield the podium. 4~~a>> It (Wi 0 a-.Q. ccbylaws.doc printed 3/29/00 ~ 4 . SECTION 300: ANNUAL MEETING 301 : The /\.nnual Meeting shall be t Ihe 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 unless deferred bv the Council for a specific reason. to be on the Annual Meeting agenda: 301.1 Swear in newly elected officials, if applicable. 301.2 Elect Acting Mayor. At its first meeting each vear the Council shall choose an actina mavor from the Councilmembers. The actina mavor shall perform the duties of mayor during the disabilitv or absence of the mavor from the Citv or. in case of vacancy in the office of mavor. until a successor has been aopointed and qualifies. MN Stat 412.121. 301.3 Aoooint the Official newspaper. 301.4 Desianate the Official bank. 301.5 Desianate the Equalization Committee. 301.6 Apooint the Fire Chief/Assistant 301.7 ADooint an Auditing Firm. 301.8 Aoooint a Fiscal Consultant. 301.9 Designate a Civil Defense Director 301.10 Desianate a Health Officer 301.11 Appointment of Council Members to serve as Liaison~ to the various City Council Advisorv Committees 301. 12 Approval of City Council Appointed Committee Bylaws and Procedures. 301.13 Approve City Council Bylaws Re\~ie'JI. 301.14 Desianate an Animal Control Officer. 301.15Adoptthe Yearly Fee Schedule. 301.16Appointments 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 Pledae of Alleaiance Pledge of .^.lIegiance Approval of Agenda Approval of Minutes 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 must will be removed from the Consent Agenda and considered separately. 401.2 401.3 401.4 ccbylaws.doc printed 3/29/00 5 . ---------,---- T Items may be removed for good cause if a Councilmember or of t e ublic wish to address the Council on the subject. The City Manager shall determine w: y e consl ere routine an . , t erefore appropriate for inclusion as a Consent Agenda item. To provide the ity 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-controversiallicense 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 Counc#member, or member of the public, specifically requests that an item on the Consent Agenda be removed and constdered separately. Items on the Consent Agenda are considered under one motion, second, and a roll caff vote. . 'I " .. ~ )~ . Items mav be removed from the Consent ~Qenda at anv Councilmember's or the Citv Manaaer's reQuest.. ___ 401.5 Removed Consent Agenda Items 401.6 Presentations . [Removed from section 404 to be included here]. 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 te complete its duties or are provided by ageFJaes repFeseFJting citizens of Prior Lake. Presentations de are not reQuire Council action items. 401.7 Public Hearings 401.8 Old Business ... Members of the City Counci.' and staff may present .items under Other Business that 'Ifill 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 forma! position on the item(s); however, this shaH be done on an item by item basis. 401.9 New Business. 401.100ther Business -Including Councilmember Reports . Members of the Citv Council and staff mav 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 Citv Council has the authority to request action or take a formal position on the item(sJ: however. this shall be done on an item by item basis. 401.11 Adjournment ccbylaws.doc printed 3/29/00 . 6 dl~~ ~K ;rle64~k~~_ ---... --- ., c...-- The City Council may change by motion the 0 er an item is 0 be considered on the ag da except those that are scheduled for a public hearing at a soecific time.. The City Manager shall maintains a list of items scheduled to appear on meeting agendas. /\. Councilmember 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 ~:30 p.m. on M9Aday eefeFe tAe sched\;Jled meeting. If a citizen requests to appear before the City Council or requests an item to t>e placed on the agenda, the Ci~' Manager shall may determine '.vhether the item is appropriate to placo on the agenda or the City Council Forum. No Council action may take place as part of a presentation. Howe\'er, an action item may be placed on the City Council agenda on the subject of a presentation. 403: CITY MANAGER TO DETERMINE AGENDA: It shall be the resoonsibilitv of the Citv Manager to prepare and decide the Citv Council agenda. The Citv Manager shall be resoonsible for overseeing and reviewing the preoaration of all agenda items. 403.1 If a member of the DubUc reouests to aDDear before the Citv Council or reouests an item to be Dlaced on the Council agenda. the Citv Manager shall determine whether the item should aDDropriatelv be considered bv the City Council at a reaular meeting. 403.2 If the Citv Manager determines that an item should not be Dlaced on a City Council agenda. the City Manager mav recommend that the individual aDDear at a Citv Council Forum. 403.3 The Citv Manager shall maintain a list of items scheduled to aDDear on meeting agendas. The Citv Manager shall endeavor to manage the anticipated lenflth of Council meetings in order to assure each matter receives full and fair consideration. 403.4 The City Council maintains final authoritv to aDprove. disapprove or moditv the agenda. 404: The presiding officer may call a recess at any time during the meeting. Except for recesses for executive sessions. the Dresiding officer shall announce the lenflth of the recess. The purpose of the recess is to provide the City Council, ~ staff and the DubUc attending individuals at the meeting with a short rest period from the Council business. The recess must be called for a specific length of time. The presiding officer may recomlene or extend the recess ':Jithout regard 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 'Iote '....ith the majority in the instance of a tie. Except as authorized in Minn. Stat 471.88. a DubHc officer who is authorized to take DElft in anv manner in making anv sale. lease. or contract in official ccbylaws.doc printed 3/29/00 7 . t caIJacitv shall not voluntarilv have a personal financial interest in that sale. lease. or contract or Dersonallv benefit financiallv therefrom. Minn. Stat. Section 471.87 503: A Dublic official or local official elected to or aDDointed bv a metroDolitan aovernmental unit who in the discharge of official duties would be reauired to take an action or make a decision that would substantial/v 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 occuDBtion. must take the fol/owina actions: 503.1 preDare a written statement describina the matter reQuiring action or decision and the nature of the Dotential conflict of interest: and 503.2 deliver a copy of the statement to the Dresiding officer. 504: If a Dotential conflict of interest Dresents itself and there is insufficient time to comDlv with clause 503.1. the Dublic or local official must oral/v inform the CItv Council of the potential conflict. MN Stat Ch. 10A.07. subd. 1. 505: The DU/1JOSe behind the creation of a rule which would diSQualify public officials from DBrticiDBting in Droceedinas in a decision-makina capacltv when thev have a direct conflict of interest In its outcome is to insure that their decision will not be an arbitrarv reflection of their own selfish interests. There is no settled ~eneral rule as to whether such an interest will diSQualify an official. Each case must be decided on the basis of the particular facts Dresent Among the relevant factors that should be considered in making this determination are: (1 J nature of the decision bein~ made: (2J the nature of the pecuniarv interest: (3J the number of officials makinq the decision who are interested; (4J the need. if anv. to have interested persons make the decision; and (5J the other means available. if any. such as the oDDortunltv 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.~2d at 209 (1967J. 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; 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 Councilmember must advise the presiding officer of the nature of the conflict. A vote dealing with a special assessment which affects a Councilmember's propertv shal/ be considered a disQualifyino 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 positi':e. ccbylaws.doc printed 3/29/00 8 . .. -.. 509: Votina Procedure: An aaenda item shall be put before the Citv Council for its consideration and vote in the following manner: 509.2 The City Manager introduces the agenda item and IJrovides the City Council with a descrilJtion of the item and the action requested of the Council. The Citv Managerlmay call uIJon a Citv staff member to further describe the af/enda item. O'v- ~) ~ Discussion of the agenda item by the Council requires a motion and second to formally put the matter before the Council. Councilmembers may. at this /JOint ask questions of staff. present their views and engage in a dialogue with other members of the Council. After discussion concludes. the IJresiding officer shall call for a vote on the matter IJendina. 509.1 509.3 509.4 509.5 motion for reconsideration. The City Manager or Council may call uIJon City staff to describe an a enda item or rovide additional information. '}~~~~ SECTION 600: MINUTE PREPARATION 601: The City Manager is responsible for the IJreIJaration 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 aIJIJroved by the City Council are the official record of the meeting. The tape recording is intended to supplement the minutes for the purIJose of an on the record review. (Swanson v. Citv of BloominQton. 421 NW 2nd 307 (1988J. and 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 bv the oresiding of1K:er shall not appear in the minutes. made prior to the start of or after ad;ournment of the meeting. or during any recess. shall not be made IJart of 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 meetina for which the minutes are beina aIJIJroved shall abstain from voting on the action to aIJIJrove 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. ccbylaws.doc printed 3/29/00 9 . 604.2 All audio and video tape proceedings will be retained in accordance with the City's data retention schedule. Video and audio faDes mav be viewed/heard at Citv Hall during normal business hours. Orioinal video and audio taoes will not be loaned out Copies mav be obtained throuqh the City. 604.3 Cooies of taoes or minutes (verbatimJ mav be obtained from the Citv for a fee consistino of actual costs incurred (materials / labor). 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 requestino a coov of the transcriot shall oav the City's standard photocopv charge. SECTION 700: ROLES AT MEETING 701: All meetings of the City Council shall comply with the Minnesota Open Meeting law which requires meetings (with few exceptions) of all municipal bodies to be open to the public. The City Council of Prior Lake encourages citizen attendance. Public attendance at Council the meetings of the Council helps to develop a more enlightenedL -aAEJ- interested and particioatorv citizenry. 702: Objections to recessino the reoular meetino into Executive Session. Anv individual desiring to object to the Council's adjournment into an executive session shall do so in the followino manner. This process is included in the bylaws to oive individuals or organizations standin~ without disruotion of anv regular meeting. Anv comments made at a meetino that are ruled out of order bv the oresiding officer shall not aooear in the minutes. 702.1 The objection shall be made in writin~ oroviding the basis or legal authoritv for the objection. toaether with the name. address and phone number of the objector. 702.2 The written objection must be tendered to the City Manaoer within one business day of the alleged violation. 703: Therefore, a A Anv Councilmember may recognize a member of the public for the purpose of allO'.ving public input or a Councilmember may askino ~ Question's} relatino to the matter under consideration bv the Council of a member of the public. 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 answer a Question during the time they have the floor. 704: Members of the Council may also ask questions of Staff in order to clarify their understanding of the relevant information necessary to make an informed judgment. In preparation for Council meetings, Councilmembers should mav 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. ccbylaws.doc printed 3/29/00 10 . -'''--'''---''-'''--r- 705: 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. 706: 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. 707: 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. 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 'Nho desires to speak on to answer questions relatina 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 Mavor is known to be unreachable and there is an u,-oencv to executina the document, the Acting Mayor may execute documents on behalf of the City. ccbylaws.doc printed 3/29/00 11 ~ --------r- 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. +ms 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 aaenda item reauires more than a maiority vote. the aaenda raDon shall sDecifv the votes needed to Dass 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 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. 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. .~.II motions of the City Council are adopted if they recei':e a majority of the \'otes cast (unless otherwise stated beloo:) by the members present. To illustrate, if t\":o members of the Council ':ote in favor of a motion, one ':otes against it, and two abstain from voting, the motion is considered passed. ccbylaws.doc printed 3/29/00 12 . ------------r--.-------..----- 804: .) ~ "v\\~b ., .f}l^ Resolutions: Resolutions are normally used to reflect the City Council position on items of usiness that do not require or warrant an ordinance. Resolutions are reouired to authorize for the execution of an contract exceedin 25 000 or as otherwise s cified in the C. 's Pur chasin Polic. Resolutions may be enacted on a motion which has been duly seconded, and received maioritv vote. are adopted if they recei\.~e a majority of the '.'otes cast of the members present. The City Manager will maintain a record of all solutions and will be responsible for the proper numbering and execution of each resolution adopted by the City Council. Ordinances: An ordinance is a law aovernina or reaulatina some activitv that is DroDerlv within the DOwer of the Council to reaulate. , \vhich has the force of 18'.N, 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 reouired by State 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, 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 oarliamentarv obiection objects to the method of procedure and point out to advises the Council of the 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 the Citv Manaaer notes 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, ccbylaws.doc 13 printed 3/29/00 . -r-----.----. 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 the City Manaoer states the time the hearing is closed for the record. and states the time the hearing is closed. 901.9 The City Council may reserve the right to reopen continue a public hearing.-9f recei\'o 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 DubUc hearing. further deliberation and action. No additional publication or notice requirements are needed if a hearing is continued to a later date. However. no DubUc hearin~ may be continued more than once without re-notice and Dublishino the time. date and location of the hearin~. 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 a 1 to 2 3 1. . 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 ccbylaws.doc printed 3/29/00 14 . Commission for more than one consecutive year. The Committee shall adoot bylaws to govern the conduct of the Committee. The Committee shall oresent their bvlaws to the Citv Council for consideration The City Council shall prepare suggesteG bylaws for each Committee. at its first meeting of each year. The City Council shall aoorove. or amend and approve. the bvlaws or recommended changes. adopt the suggested byla'Ns or recommend changes to the City Council. The City Council must approve any requested or recommended change. Thereafter. amendments to a Committee's bylaws may be proposed to the Council at any time. subsequent to their annual adoption After the Council adoots 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 (60J davs 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 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. 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: Annuallv. 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 mav occur on a more freouent 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. The Council appoints Special committees aooointed bv the Council are established 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 ccbylaws.doc printed 3/29/00 15 . ---------------~-'----- 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. 1008: Other Commissions and Authorities. There are certain authorities. committees and commissions where a Councilmember is apoointed and serves as a reoresentatives of the Prior Lake Citv Council. Any CouR(;ilmember servinfl in SUGh a CaSBGitv shall seek lNior assroval and authorif}.' from the City CounGiI before voting on any matter whiGh may affect the City. A Councilmember aopointed to serve on a committee. commission or authoritv shall orovide the Citv Council with auarterlv reoorts on the activities of the committee. commission or authoritv. The Councilmember shall exercise iudament as to whether more freauent reoorting is necessarv. 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 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 all 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. ccbylaws.doc printed 3/29/00 16 . Councilmembers attending seminars or conferences at City expense are expected to provide the Council with a summary of the meeting. 1201.5AII eXJ}enses incurred bv a Counci/member in connection with fulfillina 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. 1303: PeFSeAal CeAfliGts 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 w the matter. This provision shall not be interpreted w permit any act otherwise prohibited by 13\\'. 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 dealin s with the City. 5: Use of Equipment and Facilities; lic official shall request or permit the unauthorized use of City-owned vehicles, equipme t, materials, property, labor or services for personal convenience or profit. J~~~ I( ~~t~ SD~~ ~\'S ~ ~ol\ ~~ JvY ~ ~\J' ccbylaws.doc printed 3/29/00 17 . ------------,------- 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 Definitelv 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 Immediatelv 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. ccbylaws.doc printed 3/29/00 18 . --.-..-.----r-------.---..---.. 9. Privileaed 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. Privileaed 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 meetinq 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 heroin shall be construes to pre'.'ont any member of the Council from making or remaking the same or any other motion at a subsequent meeting of tho Council. 10. Notwithstanding Robert's Rules of Order. a motion to "Iav on the table" shall be debatable. ccbylaws.doc printed 3/29/00 19 .