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Home My WebLink About9A Modify City Council Bylaws O .� PRip � � � � 4646 Dakota Street SE Prior Lake. MN 55372 ` �MNES�� P CITY COUNCIL AGENDA REPORT MEETING DATE: March 25, 2013 AGENDA #: 9A PREPARED BY: Frank Boyles, City Manager PRESENTED BY: Frank Boyles AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING MODIFICATION TO THE CITY COUNCIL BYLAWS DISCUSSION: Introduction The purpose of this agenda item is to have the City Council review and, if appro- priate, approve revisions to its bylaws. Hi StON To the best of my knowledge, the City Council first adopted bylaws in 1986. Since initial adoption, the bylaws have been revised twenty times to reflect the current guidelines and operating procedures. Current Circumstances The City Attorney's office and City staff have reviewed and proposed revisions to the bylaws. The Bylaws and Compensation Committee of the Council (Councilors Morton and Soukup) reviewed the proposed revisions, offered clarifications and suggested modifications of their own. Conclusion The City Council should determine if they concur with the revisions as proposed. ISSUES: The City Council bylaws are used as the base document for other advisory com- mittee bylaws. That is why they are being considered first. Once the City Council bylaws are approved, the revisions to other advisory committee bylaws will be made and ultimately scheduled for City Council consideration. FINANCIAL There is time and expense associated with bylaw review, but there is also the IMPACT: benefit of greater familiarity and conformance with applicable laws and rules. ALTERNATIVES: 1. Motion and second to approve the revised bylaws. 2. Take no action and direct staff accordingly. RECOMMENDED Alternative 1. This requires the following motion: MOTION: A motion and second to adopt a resolution approving modifications to the existing City Council bylaws. O � PRIp� N � 4646 Dakota Street SE `�'lN�so'��' Prior Lake, MN 55372 RESOLUTION 13-�cx A RESOLUTION APPROVING MODIFICATIONS TO THE EXISTING CITY COUNCIL BYLAWS Motion By: Second By: WHEREAS, The City Council adopts bylaws to provide a set of operating procedures for the City Council; and WHEREAS, The Bylaws are updated on a regular basis to reflect changing conditions; and WHEREAS, The current amendments address: • Consistency with Minnesota Statutes; • Consistency with Roberts Rules of Order; • Clarification of Council procedures. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The City Council hereby approves the amendments to the bylaws for the City Council. PASSED AND ADOPTED THIS 25T" DAY OF MARCH 2O13. YES NO Hedber Hedber Keene Keene McGuire McGuire Morton Morton Souku Souku Frank Boyles, City Manager O � PRIp ti � U CITY OF PRIOR LAKE, MINNESOTA �INtvsso� Mayor and City Council BYLAWS Adopted on May 27, 1986 Revised: January 1991 January 1993 May 1993 January 1994 January 1995 January 1996 January 1997 May 1997 January 1998 March 1998 January 1999 April 2000 October 2002 March 2006 May 2006 June 2007 November 2008 September 2009 January 2011 June 2012 I Februarv 2013 FRANK BOYLES, CITY MANAGER �� Formatted: Font: Times New Roman, 12 pt, Font color: Auto � i i i I F..,np sik�E6 . . . ' . --------------------------� TABLE OF CONTENTS � �, Section # '' Topic ( Page # �� ______ _�.. r —________—._ _ — �-- -- � Section 100 � Purpose �3_, -�[ rmatted. Highlight ,_. _ ___ __ _ __ -- Regular, Special and Emergency Meetings and Work ��, Section 200 Sessions 3, - Formatted: Highli9ht ��. _�__ __ - _____ . __ _�_ _.__ _ ._ __ __.___ �. ___ . . _ _.�_ � Section 300 ! Annual Meeting _ i _�5_, --L ormatted: Highlight _.__ �' Section 400 !, Meeting Agenda Format and Consent Agenda �6_, -��a�ea. H�9nr9nc , _ __ __ __ __ _--- - —._ .... ---- �—.. __ � � Section 500 ; Quorum and Voting Procedures �8_, -��macced: H�9nr9nc �', Section 600 Minute Preparation �9_, -, FO rmatted: Highlight - - - --- - -- ----- --- --- -- � -- � ----- � — �: Section 700 ; Roles at Meeting 10 -�� Formattea: H�9nr9nc �._ .. __._ _ _ _-__ __ __. __ -- -- _ i � ----- �! Section 800 Motions, Resolutions, Ordinances �2 ,- Formatted: Highlight �— — - ; — - -- _._ _ — �_---- -- � Section 900 � Public Hearing Format � 'I3_, -"�Formatted: Highlight -- � Section 1000 � Committee Structure 15_, - F �matted: H� �� Section 1100 i Suspension of Rules �18_, --� lted: Highlight —� � Section 1200 i Travel and Reimbursement for Expenses 18 ,-� F o a tt ed: Highlight —� _ _ _.. _ _ __ __---- _. i _ __. . — �, Section 1300 Statement of Ethics �0_, -� F inatted: Highlight ��_,. __�. _ - -- - --- - -- - --- _ _ _ _. - - �- -_,.,._ . _._..._ �i Section 1400 ' City Council Recognition �2_, - Forma�cea: H�9nr9nc i � Appendix A ; Types of Motions � �3_, - � Formatted: Highlight C�.1User� �ank' �.'_ �ne. .. _ ,_. 7 I�'.� e" f � c��e�' � t��r "?�"i6BZT50��20'-3 0� OS - Cif��Council Bylaws Comparison to June � 2012.tloc � SECTION 100: PURPOSE 101: PURPOSE: The purpose of the Prior Lake City Council Bylaws is to provide the members of the City Council with a set of operation procedures designed to guide them during the Councii 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 ��e!,r;. ��; �ase�,';�',-,:_+=�-�rai'!�-s��^�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 un �;_othe �� _: ��c��'��Jzd bv th�se r, State Statute or CiYv Code. 103: These Bylaws shall govern the procedures of the Prior Lake City Council immediately upon adoption. If an issue is raised which is not covered in the Bylaws, the procedures to respond to the issue shall be governed by Robert's Rules of Order Revised. Failure to comply with these Bylaws or Robert's Rules of Order shall not invalidate Council action ( unless at the time the action is taken . a member of the Council raises a pariiamentary objection and advises the Council of the particular rule which was not observed. If these Gvlaws ccnflict with State or Federal law vr the C;itv Code the St-!� or Federal law or City Code as applicable shall qovern. SECTION 200: REGULAR, SPECIAL AND EMERGENCY MEETINGS, AND WORK SESSIONS 201: Except as otherwise provided in the Minnesota Open Meeting Law, M.S.A., ��n^' ^^ 4=�1-=�E}5 Chapter 13D, all meetings of the City Council, including regular, special, emergency, work sessions, and adjourned meetings shall be open to the pubfic. 202: REGULAR MEETINGS: The City Council shall establish a regular meeting schedule. Notice of all meetings, both regular and special, shall follow the requirements of the Minnesota Open Meeting Law. Ail regular meetings shall be held in the designated City Council Chambers. When a regular meeting is projected to fall on an official holiday, the City Council shall reschedule the meeting for the following business day. The City Manager may r �+ +"� r^ ^^;! cancel or reschedule a regularly scheduled Council meeting when the amount of business pending does not warrant a meeting. -�.��s#+a�` F, Ih 4 ..,��.,...� .,, ......^ � C 1UsersifrankVlppDatalLocal\MicrosofttWindos+�siTemporary Intemet FilesiContent OutlooklQDBBZT50�2013 06 68 -City Council Bylaws Comparison to June 2oiz.doc 3 The City Manager shall post �,, �a� ��' °��^^' £��#° ^-�,��`^ "*-��=r:��any decision o7 ?' reschedule or cancel a meeting. The procedures provided for in the Open Meeting Law shall be followed. In addition, notice shall be posted on the City website. In a situation where the City Manager learns prior to a scheduled meeting that there will not be a quorum of the Council availabie to attend a scheduled meeting; or when weather conditions develop or are forecast prior to a scheduled meeting that make attendance at the meeting impractical �r, imprudent or danaerous for the So�ae+4 I n ��Ttu�sCo:mci' :;; s, staff and pubiic, the City Manager may cancel a meeting. When a meeting is cancelied based on t��:--��=such contingencies, the City Manager shail use all means reasonably available to announce the cancellation; however, posted notice shall suffice. � A City C��,� ��; ,�:;,�-rCouncilor shall inform the City Manager when an absence is pianned or pending prior to the meeting. 203: SPECIAL MEETINGS: Special meetings may be called by'he f,1nvo! or any two (2) members of the City Council,-�+E#��+�e�ie�s�a�-��y��-`ro-°��=---•"• ^'°��-��G'h` �eu-,��t"��,,��a� � �r �h __ bv writinq filed with the City Manaqer The Citv Manaaer shall then provide notice to all members of the time_and place of the meetinq Notice shall be posted at City Hall and provided to any member of the public or news media who have requested notification in writing._ All notice for �oecial meetinqs shall complv N�ith the Minnesota Open PJ�eetina La;✓. 204: The agenda for a regular meeting will be prepared by the City Manager and shall be available the Wednesday before the following Monday meeting, except in the event of a holiday during agenda preparation week in which case the agenda will be available on Thursday. The agenda shall include the items set forth in Section 400 - Meeting Agenda Format and Consent Agenda. Copies of the agenda, supporting documentation and minutes from the previous meeting will be made available to the public once they are � delivered to the �+r�c��Co�mcilors. 204.1 A copy of the agenda materials wiil be available in the Council Chambers for public inspection at the time of the meeting. 204.2 Agenda materials will also be available online through the City's website on the � �kx�s�ayFridav preceding the City Council regular meeting. 204.3 If distribution of an agenda item or materials relating to the agenda item is delayed and not distributed as part of the Council agenda package, the agenda shall indicate when the materials will be distributed. Once distributed to the members of the Council the materiats shall be included in the agenda materials � on the City website ��nd viith thn •��aPnda materials for public inspection at the tlm� of the meetina. 205: EMERGENCY MEETINGS: The Mayor or City Manager may call an emergency I meeting Notice of the emergency meeting shall be given by ei�=�telephone, fax �' �:n� _ c,��iimunic�tion or written notice to members of the City Council. Notice shail be provided to each news medium and individual that has filed a written request for i, ._ i��,�-ank , alLocn �_ o. �..:�r„`,i in.trsi�em�,,, ary I�i�amttF ..��c��;en,0.itluo�•.:�DP� I'�i, '� ,� G.. Dd-C(t C�� ., f, .s Co �iN� '.�oi? to Juna �;�,, 4 notice. Posted or published notice of an emergency meeting shall �=aYbe �e��in accorden^2 v�^th th� r o`the Minnesota Open PJleetinq Law. An "emergency" meeting is a special meeting called because of circumstances that require immediate consideration by the City Council. 206: WORK SESSIONS: The City Manager may schedule work sessions subject to Council approval. The purpose of the work session is to afford the City Council, City Manager and City staff the opportunity to discuss policy matters in a more informal environment. Public input will not be allowed unless specifically scheduled in the agenda or reauested bv the Councll at t____ ___ .�. The work session may be canceled at the discretion of the City Manager. x&� � —54-�=�'-S9J��L- {=31��tL4 �,-�it;� E�.��r�i- �, „�,�, ,i � 1:�' �. ��i-r: ��_> � _,�, ;�� ` F f � �� a�z- � tne ��..�^'.�.. �� , � . ,� + .. o,...+'.... Al14 '] .,F+hoco_R..I. _ __ " _ ' ' __ � . . � ��F�}- C ._ �'e��F _�,. �3�_ .._ 9'f:i� , Ter.�:..,yln�.��etf � _ .,c"�r:Ui[ _,�18�7157�+2D130508-CiryCe� ..�P-y :�o�s�rn ,,� l;re 2��J'�. � �,.. 5 SECTION 300: ANNUAL MEETING 301: The first regulariy scheduled meeting in January shall be referred to as the annual meeting. Regular business may be conducted at this meeting and the following � organizational business is required unless deferred by the Council for a specific reason-_ 301.1 Swear in newly elected officials, if applicable. 301.2 Appoint Acting Mayor. At its first meeting each year the Council shall appoint an � acting mayor from the S��r��'��=�`s-Councilors. The Mayor shall recommend a��e�Coun�ilo� to serve as acting mayor and the Counci� wiil affirm or deny the recommendation. The acting mayor shall perform the duties of mayor during the disability or absence of the mayor from the City or, in case of vacancy in the office of mayor, until a successor has been appointed and qualifies. MN Stat. 412.121. The acting mayor, in the absence of the mayor, is known as the Mayor Pro Temp. ("Mayor for the Time") 301.3 Appoint the official newspaper. 301.4 Designate the official bank. 301.5 Designate the Local Board of Appeals and Equalization. 301.6 Appoint an auditing firm. 301.7 Appoint a fiscal consultant. 301.8 Designate an emergency management director. 301.9 Designate a health officer. 301.10 Appoint Gsu+��e�'.�s to serve as liaisons to the various S+l, I �v+se�y-committees. 301.11 R�=�-�,��i-e�A,r��rove City Council appointed committee bylaws and procedures. 301.12 Approve City Council bylaws. 301.13 Designate an animal control officer. 301.14 Adopt the yearly fee schedule by ordinan��e or resolution in accordance �^iith apnllcable law. � r�,°° �;��e+�+ , ,�itEe�301 16Apuolnt councilurs t� serv�, as members on various Committees. 301.17 Other appointments as may be appropriate. 302. Items normally scheduled for the annual meeting may be considered at an earlier meeting at the discretion of the City Council. SECTION 400: MEETING AGENDA FORMAT AND CONSENT AGENDA _ 401: Business of the meeting will be conducted according to the agenda prepared by the City Manager. The City Manager will prepare an agenda that follows this order: 401.1 Call to Order and Pledge of Allegiance 401.2 Public Forum • The City Council Agenda sheet shali include the foliowing statement: "The public forum is intended to afford the public an opportunity to address ( 1 �i,��a,�k y �a.:�ILec� , c �fr.'a1n, »e�lem�;,r�,in:.m�'FI. ,�_��Pn�u�,t,,.�iQDBBZT50�2013 06 08-Ci,ryCo� _ Fq��,.,•c,orira'sor',Jure 2012.dcc 6 concerns to the City Council. The public forum will be no longer than 30 minutes in length and each presenter wili have no more than ten (10) minutes to speak. Topics of discussion are restricted to City governmental topics rather than private or political agendas. Topics may be addressed at the public forum that are on the agenda except those topics that have been or are the subject of a scheduled public hearing or public information hearing before the City Council, the Economic Development Authority (EDA), Planning Commission, or any other City Advisory Committee. The City Council may discuss but will not take formal action on public forum presentations. Matters that are the subject of pending litigation are not appropriate for the forum.= o Every i ndividual who addresses the Council at the public forum must first be recog nized bv the presidinq officer and then shall state his/her name and address before beqinnina anv comments The Citv Manaaer shall be the timekeeper for the public Forum so that each speaker receives an approqriate amount of time. m No Council action mav take place durinq the forum However Councilors mav express their views or reaction to a presentation and mav ask puestions of the presenter. m At the conclusion of the public forum the Council mav bv motion and r»ajority vote unless otherwise provided bv these bvlaws State Statute or Citv Code indicate its interest that the subiect presented at the public forum b� placed on a subsequent Citv Counci� aqenda. It�ms to be considered on the aqenda mav be addressed at the public forum consistent with the limitations set out in Section 401.2 of these BVlaws. e Presentations at the public forum must be consistent with Section 901.6 of these Bvlaws. a If any Councilor deems that the comments are not aermane to issues within tf �P purview of the Citv Council the Councilor mav appeal to the presidinq o`ficer to request the speaker vield the podium Further anv Councilor mav c'�iect to the appeal to the presidinq officer to request a speaker vield the p�dium in which case the presidinq officer shall put the matter to a vote of the Council. � Public forums are included as part of the reaular meetina minutes and cablecast live. � The presidinq officer shall have the authoritv to adiourn the public forum, censure a speaker or take other action as deemed appropriate if there is a breach o decorum. 401.3 Approval of Agenda • The City Council may, by motion, add, delete or change the order of an item }�to be considered on the agenda except it may not begin a public hearing before the time specified in the public notice. 401.4 Approval of Minutes 401.5 Consent Agenda • With the adoption of these Bylaws, a Consent Agenda is created. The purpose of the "Consent Agenda" is to group items of a routine and non- controversial nature for consideration under one motion. There will be no separate discussion of items placed on the "Consent Agenda." If discussion of an item on the "Consent Agenda" is desired, any member of the Council C. l� , �i�. :o��-� . "�:4Nii � . �Fmp�r�aryli._ ,... . .. -n,u�t,,, �Oi1BBZT5612013 06 68-CltyCoun�il�tymvs oT ; <-�onV.�_i..; . 2�°�12.dor �� may request the item be removed from the Consent Agenda and considered separately. • The City Manager shall determine what items may be considered routine and non-controversial; and therefore appropriate for inclusion as a Consent Agenda item. To provide the City Manager with guidance, the following types of items tend to be routine and non-controversial: grant deeds, grants of easements, adoption of ordinances and resolutions previously considered by the city council, investment report, quarterly budget report, treasurer's report, animal control report, building inspection report, non-controversial license requests, standard development contracts, calls for bid, reports of administrative actions and proposals, leases and agreements previously approved in principle, reports for filing or setting dates for public hearings, approval of payment of contracts, approval or denial of claims, award of bids, and other items of a like nature that the City Manager considers routine and non-controversial. • The City Council Agenda sheet shall include the following statement: "Those items on the Council Agenda which are considered routine and non- controversial are included as part of the Consent Agenda. Unless the Mayor � or a e=:-�:=+=,��:'_.�Co.ircilor specificaily 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-r�'„�t= vote. Any item removed from the consent agenda shall be placed on the council agenda under "Removed Consent Agenda Items." 401.6 Removed Consent Agenda Items • Any item removed from the Consent Agenda shall be placed here for separate Council discussion and consideration. 401.7 Presentations and Proclamations • The City Manager may schedule presentations and proclamations before the City Council giving preference to presenters and topics that relate to City governmental business. 401.8 Public Hearings 401.9 Old Business 401.10 New Business � 401.11 Other Business - Including Community Events and L'�u;e" ^'��"°'Coun��ilor Reports • Members of the City Council and staff may present items under Other Business that will be discussed and deliberated for the first time. These items should, for the most part, be informational. The City Council has the authority to request action or take a formal position on the item(s); however, this shall be done on an item-by-item basis. 401.12 Adjournment 402: CITY MANAGER TO DETERMINE AGENDA: It shall be the responsibility of the City Manager to prepare and decide the City Council agenda. The City Manager shall be responsible for overseeing and reviewing the preparation of all agenda items. 402.1 If a member of the public requests to appear before the City Council or requests an item to be placed on the Council agenda, the City Manager shail determine C 1 ei,irznk',Ap�DataV�ocalh�i r -�'�P�i�dueis�Temporlyli-;rnatFi12s1Content0utlooklQDBBZT 08 08-CiryCouncllBylawsComparisontoJune 2012 �oc 8 whether the item should appropriately be considered by the City Council at a regular meeting. 402.2 If the City Manager determines that an item should not be placed on a City Council agenda, the City Manager may recommend that the individual appear at � a C- • ,,,, �;_ .- �� `. ��nublic forum. 402.3 The City Manager shall maintain a list of items scheduled to appear on meeting agendas. The City Manager shall endeavor to manage the anticipated length of Council meetings in order to assure each matter receives full and fair consideration, and that the meeting can be concluded by 11 p.m. 402.4 The City Council maintains final authority to approve, disapprove or modify the agenda. 403: The Mayor or Acting Mayor shall preside over all Councit meetings. The presiding officer may call a recess at any time during the meeting. Except for recesses for e�^^��° s�;sclosec: __ _, the presiding officer shall announce the length of the recess. The purpose of the recess is to provide the City Council, City staff and the public attending the meeting with a short rest period from the Council business. The presiding officer may also recess or adjourn a meeting if a member(s) of the public. staff or citv co.;nci' is behaving in a disruptive manner or using inappropriate language. 404: Unless waived by motion, second and majority vote, no agenda item shall be initiated after 11 p.m. If a motion to extend the meeting is tendered, it shall include the time the � meeting is to be adjourned. A meeting, once extended, must be adjoumed at or prior to the time specified in the approved motion to extend. SECTION 500: QUORUM AND VOTING PROCEDURES 501: At each meeting, a majority of all the members elected (3 out of 5) shall constitute a quorum for the transaction of business. 502: The voting options available to the City Council when a vote has been initiated are: "aye" � - an affirmative vote; "nay" - a negative vote. A e� may abstain only when they have a disqualifying conflict of interest as determined by the City Attorney. 503: Three votes shall be necessary for approval of any ordinance unless �-��-�s re�, ^��°''��'° provid2d by these bvlaws. State Statute or City �e-Code. A majority vote of inemh �� n�esent at a meetina. which must be at least a maioritv vote of a quorum_ is necessary for the approval of all general motions and resolutions unless otherwise provided by these bylaws State Statute or Citv Code. � 504: When a question is put before the Counri! by the presiding officer, every member present shall vote. If a member intends to abstain from voting based upon a disqualifying conflict of interest, the ec�;=.:�.��Co�.incilor must advise the presiding officer of the nature of the conflict. Otherwise, any c�m°^�"�rCouncilor, 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 unless otherwise provided bv these bviaws. C-1UserslfrankiAppDatalLocallMicroso`fl.Wlntlu�v�sQemporary Internet Files�Content0utlook�,OD8BZT50�2D13 O6 68 - Ciry Counci! Ey;ativ; Comparison to June 2012.tloc 9 � S'�c�tc SfatU�6 Of CIf.V C0�°. 505: VOTING PROCEDURE: An agenda item shall be put before the City Council by the Mayor for its consideration. The agenda item should be considered in the following manner: 505.1 The City Manager or the Manager's designee will provide the City Council with a description of and presentation on the item and the action requested of the Council. 505.2 Foilowing the presentation C'�� !�i�e;�ers may ask questions of I City staff c_ .r7i��±ion_concerning the agenda item. If a e�; � �mbe�C�. intends to recognize a member of the public for the purpose of asking a question it should be done so at this point and not once the matter has been formally put before the Council by motion and second. 505.3 Discussion of the agenda item by the Council requires a motion and second to formally put the matter before the Council. � 505.4 GeuaE+��be�sCouncilors may, at this point, ask further questions of staff, present their views and engage in a dialogue with other members of the Council. The Mayor should manage the discussion by calling upon and recognizing I Councilors to speak. 505.5 After discussion concludes, the presiding officer shall call for a vote on the pending motion. , 505.7 When a vote is to be taken, the presiding officer shall first call for the ayes, then the nays. The votes of each member shall be recorded in the Minutes. If a member of the City Council is absent during a vote, the member's vote for the � official Minutes shall read as "absent_ SECTION 600: MINUTE PREPARATION _ 601: The City Manager is responsible for the preparation of the minutes of the meeting. The meeting proceedings will be audio-recorded and written minutes will be prepared. The written minutes of the meeting as approved by the City Council are the official record of the meeting. The audio recording is intended to supplement the minutes for the purpose of a;t '�� asslstance in the �ecc�;�� r��;�vv=�ir}-�reqaration o` the ��Inutes of a �e�c�+e+al �=ae�ed ^^R� ^�"�meetina`, An elee!roinc recording may also be prepared for the purpose of rebroadcast of the meeting on the City's public access cable channel. The following two requirements for "minute" preparation shall be adhered to: 601.1 All motions typed in capital letters. � 601.2 List the names of the City �ae�4Councilors after their vote on each motion. 602: The officiai minutes shall be prepared and presented to the City Council at the next regularly scheduled meeting as part of the agenda packet. The text of the minutes shall consist of official Council business conducted while the Council is in session. Any comments made at a meeting that are made prior to the start of or after adjournment of the meeting, or duri�g any recess, shall not be made part of the minutes. The City Council shall review the minutes and the presiding officer shall call for any additions or .. . ,�,_. ,, ,. ... _.. =fer-,,_,yl ...�;F_s_�.te^t�. ,,..-.��= �I.,, ..�i'�C,�E Ciry�C.�. _ By �,.>�u � '�..ort r �� 2p12doc 10 � 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 I present at the meeting=.��rrz.rr,b�r� unless otherwise provided bv these bylaUis. S',a,e Statute c�r Citv Code_ Co!mcilors 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 The approved minutes shall be retained as a permanent record of the Council meeting. 604.2 The approved minutes of the past twelve months of Council meetings shall be available on the City Website. 604.2 All audio and DVD recordings will be retained in accordance with the City's data retention schedule. 6:= . . -�!e;; �;'+r -:� � s�rat��e�=e=�l:a�-�+` �aa'�;c��-�e o',��-#faa�kre - - - Form Ind Left 0.5" SECTION 700: ROLES AT MEETING 701: All meetings of the City Council shall comply with the Minnesota Open Meeting law, which requires meetings (with few exceptions) of all municipal bodies to be open to the public. The City Council of Prior Lake encourages citizen attendance. Public attendance at meetings of the Council helps to develop a more enlightened, interested and participatory citizenry. � _. __ __ --� 7�2:�_ nr o�r�GCCinir� TuG o�r�i ii no nnG� iniTn cvcri iTnr� ,, - Formatted: Font: Bold -- ------ -------- - - �— -- �E�Any- - - - - , � , � e�jesEeF C:Users`frank�AppDa?a',Local�,ti1icrosoft;WindowslTemporary In±emet FII2s?ContentOutlook�QDBBZT50`2013 O6 DS - City Councii Byla�,vs Comparis�n to June 2612.doc 1 � �7 7 Th r�4+o nh��n1 . n , ic� u^ rl +��hc� (`�+ �, ,n�.�_ b�wa .. y-l��er-av;t+�+a-eF��s �� ;��:---A, �-E;;;�,�;'-_; re��:�C'ounc:or may recognize a member of the public for the purpose of asking question(s) relating to the matter under consideration by the Council. Members of the City Council must use judgment and discretion when recognizing members of the public to answer a question during the time they have the floor. �-;-9 :.� 03: 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, �et��.-�Councllors 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. �:�(3�704: The Mayor has the same voting powers as do the other members of the Council.- The Mayor may vote on all motions and he/she does not have any extra voting powers if the vote results in a tie, except as may be authorized by state statute. �705: The Mayor shall be the presiding officer at all meetings. If the Mayor is absent, the Acting Mayor shall preside at the meeting. If+�k}e-e-�,t� r=-the Mayor and Acting Mayor are absent, the City Manager shall call the meeting to order and preside until such time the City Council elects among itself a member to preside at the meeting. The presiding officer, at all times, shall be allowed to vote in the same manner as all other members of the Council. �;� C�f 706: The presiding officer has two unique powers: (1) interpreting and applying the rules of procedure; and (2) recognizing speakers from the audience. �'%�^ %07: The presiding officer is responsible for maintaining order at the meetings. �;'�3708: The presiding officer shall recognize all speakers from the audience, except when a member of the Council has the floor and they expressly recognize a member of the audience to answer questions relating to the issue under consideration. � I'd�709: The presiding officer has the responsibility to facilitate discussion by the City Council. This may occur in a variety of ways, including: %18709.1 Interpret and apply rules of procedure. �0709.2 Decide whether motions are properly made. �8709.3 Decide whether motions are in order. �9709.4 Decide whether questions of special privilege ought to be granted. �8709.5 Decide when to recognize speakers. �9709.6 Call for motions or recommend motions. ?�9709.7 Expel disorderly persons from the meeting. -10709.8 Enforce speaking procedures. � 7T4710: All members of the City Council may make and second motions, participate in discussions and vote whenever a vote is taken. C J_.rfe,��r ��,Loza ,.,.�`:4�tndc ��Ter�,p...iyl��..r.,e'-Fi �.,c.�leniu.C��o�.':QDBo�Th0�2U130�D8-CiryCe _ Byis�,vsCo �ascntcJura 20� 2 doc � � ��7� 1: As individuals, �o-�+��e�sCouncilors have no administrative authority. When acting as a Councii, however, the legislative body has authority overthe appointed City Manager. ��'1�>71 �: 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. � 7�471's: Department Heads may attend all meetings. Department Heads shall attend the meetings when directed by the City Manager. ��6714: A memorandum report or brief explanation of each agenda item shall be included in the materials that accompany the agenda. The information provided by staff should serve to inform the City Council on the subject matter under discussion. The information should explain in detail the staff comments or work, or state that staff will present the necessary details and comments at the meeting. If an agenda item requires more than a majority vote, the agenda report shall specify the votes needed to pass the matter under consideration. SECTION 800: MOTIONS, RESOLUTIONS, ORDINANCES AND PROCLAMATIONS 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 ��`�ereln All votes of the City Council in any of the three methods require a majority vote of those mern!:,er�_ mee+ina for approval unless otherwise s�+e� �'��-J�_� by ��E'��the�_ State Statute or City Code 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 Councii can act by resolution or by ordinance. Motions may be used to introduce resolutions and ordinances, to amend them, and to take any other actions concerning them. Motions may also be used for action on simple administrative acts, such as approving the monthly department reports, or directing the City Manager. 803: Every motion shall be stated in full and be reasonably understood before it is submitted to a vote by the presiding officer. 804: RESOLUTIONS: Resolutions are normally used to reflect the City Council position on items of business that do not require or warrant an ordinance. Resolutions may be enacted on a motion, which has been duly seconded, and r �°, �,�^receives a majority � vote o{ thos2 m°mbers present a` ih� me2tina unless oih=.��.��:lse I�rovided bv th2se b�laws State Statute or Citv Code. 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 Councii. �) P �nk',,, ��_.:. Lc._a . � `: v"li u Lr ;r: , I .;ic2t F �c� 1an':.O�RIaok1�DBBZi50!2013 06 08 -G'.y Co� i i E; �_�:rs ( c i r a'lsor, to Jun2 zoiz acc 13 804.1 Notwithstanding other instances where resolutions may be needed, resolutions are required to authorize the execution of any contract exceeding $20,000 or as otherwise specified in the City's purchasing policy. 805: ORDINANCES: An ordinance is a law governing or regulating some activity that is properly within the power of the Council to regulate. Ordinances shall be used when the City Council action regulates or governs people or property. All police regulations for public health, morals, economic weli-being, welfare and safety must be passed in ordinance form. Ordinances may also be used to provide permanent rules for the organization and operation of the City Council. Ordinances may be enacted upon a motion and a second. A majority �e�e-of the members present must vote in the I affirmative for the ordinance to pass unless a-l�-�� +,;- �,-.�'— �:h°�vise arovided by these b �- ds State Ia�: Statute or #-��e-E�, �� a�� e Code 806: An ordinance shail 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 inciudes: title; number; enacting clause; the contents or body; the penalty; the closing; the attestation, pubiication 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: PROCLAMATIONS: Proclamations are used to show the City Council's support for a � cause, person or organization. Proclamations arem�e read aloud and presented by the Mayor on behalf of the City Council. SECTION 900: PUBLIC HEARING FORMAT 901: Public Hearings shall be conducted in the following manner: 901.1 The presiding officer announces the agenda item that is the subject of the public hearing. 901.2 It is the intent of the City Council to open all public hearings at the time indicated in the public hearing notice, or as soon as possibie thereafter. From a practical standpoint, not all hearings can be opened at their designated time. The Council may delay the start of a hearing until the pending business is acted upon. However under no circumstances may a public hearing be opened prior to the time specified in the notice and published in the official newspaper. 901.3 Staff and/or a consultant make a presentation or report on the subject matter of the public hearing. . _. �raok°�,,�,�a='.c^,a� ��..w� _�. yl ..��..-!F _�o�te�<t�.r�_ � B;�.,;s�_ ._„tcJur� r z012aoc 14 901.4 At the conclusion of any presentation or remarks by staff and/or a consultant, the � presiding officer asks the City ��e+=,_„�°m��°�°Councilors if they have questions of the staff or consuitant. 901.5 The presiding officer requests a motion and second from a member of the Council to open the public hearing and calis for a vote. 901.6 The presiding officer declares the public hearing opened, announces the time and then proceeds to ask for citizen input, comments and questions. 901.6.1 Members of the public, interested parties or their authorized representatives may address the City Council orally. If the speaker intends to present written or hard copy materials to support their presentation to the Council, they must provide the staff, at the time of their presentation or before, nine (9) copies of the original for I distribution to C�n�si;-r�}e�s;Councilors. the City Manager, and City staff ��'.—:i=e-°ee�:��'.a+-; . The materials will be included in the public record. If the speaker intends to present audio or video materials to support their presentation to the Council, such materials must be in an electronic format that is compatible with the City's existing equipment. An audio or video presentation may not introduce testimony from any person other than the author. The electronic materials must be submitted to the staff by 12:00 p.m. noon of the day of the meeting. 901.6.2 If unable to attend the meeting, members of the public, interested parties or their authorized representatives may submit written comments and supporting materiais. Nine (9) copies of the comments and materials must be submitted to the City staff pr+e�t-0bv noon o` the Wednesda �� rs��edinq tn° Council meeting. The comments and materials will be distributed to Ge�++��ember-sCo�mcilors, the City Manager, ��nd City staff-�F�'' ^r�' ^^ °°i�eta�p. The written comments and materials wiil become part of the record, but will not be read aloud at the meeting C;t �,.(-.,.—rt�r=c.'-�r"cicci-t'�i+iYi^��''-;-fr—�r, hl + ++ rl +'., �� nF4F,� i �� i 1'ic'� . � �. �. � i . ,. �t, �, . p� +� #„ +�.. 3}}ee�iag: C J_ei_f�u�4;s in�,ta�d.oc , ��.,+Pdindo•.,vs!TemporarylntemetFiles�Content.OuYlooklQD8BZT50Q0130608-CityCouncilBylawsComparisontoJune � 25 R do� 15 � 901.7 After all persons have been heard, the presiding officer will ask t�iee-whether there are any other persons in attendance who want to be heard on the matter pending. If there is no other testimony, the presiding officer requests a motion. � There are two i, i possible motions, seconds and votes: • A motion and second to close the public hearing. Once the vote is taken, the public hearing is closed. The presiding officer announces, for the record, the time the pubiic hearing is closed; or • A motion and second to continue the public hearing to a date certain. The presiding officer, in consuitation with the City Manager and S�w�; I ,,��"^ �Co�mcilors, shall select and announce a time and date certain for the continued public hearing. No additional publication or notice �ec�E�;fe+r�e�ns are needed if a hearing is continued to a later specified date. No public hearing may be continued more than once without re-notice, publishing the time, date, location and subject of the public hearing. 901.8 Discussion of the subiect matter of the �ubi�^ he�ri�na bv the Council re auires a rno'i and a second to formally put the matter before the Council. The City Council addresses the subject matter through deliberation. The Council may ask questions of the staff and City Attorney. If the public hearing has been closed � L;e��i�-a��r;er��o��incilors should refrain from calling upon a member of the public except for the sole purpose of asking a question that can be answered by a "yes" or "no" response. -rti„ ., � �, r +' r-#��e+� I 901.9 If the public hearing has been closed, rather than continued until a date certain, the City Council may take action on the subject matter. SECTION 1000: COMMITTEE STRUCTURE 1001: TYPES OF COMMITTEES 1001.1 Special Citv Council Committees. The Council may from time to time establish � special committees by designating two (2) Sat+r�s+;�;�� to a specific issue. Gc:��e+4�;��1-� r�Councilors will be appointed to the special committees on an annual basis. Speciat committees estabiished by the Council are generally established to deal with single transactions or projects as they arise. The membership of a speciai committee does not extend beyond the � appointed City �cil-+�;einl�sCo�mcilors and staff liaisons. The responsibilities of the special committee are limited to making recommendations � to the City Council or Citv staff. A special committee has no authority to make decisions on behalf of the City Councii. Special committees may be required to C.. , �" ,�..lc�r i, �..a�.G�P, a s Ia-.�-��.�i i By ��I � �,e zoi2do� 16 provide periodic status reports as requested by the City Council or upon their own initiative. Examples of special committees of the City Council include: • Bylaws & Compensation Committee • City Manager Evaluation Committee • Annexation Task Force • Special Assessment Committee I 1001.2 Research Work Groups. The City Council may establish from time to time temporary research work groups to study, research, analyze and make � recommendations to the Council or C;�_st_on a particular issue or subject matter. There is no limit to the size of a research work group. The number of committee members, the purpose of the committee and the duration of the committee will be determined by the City Council. Generally the composition of � research work groups include up to two L'�e�ae�l+r�ea��s�;ouncilo s, City staff, and members of the pubiic. Research work groups may only deal with those issue or projects assigned to them by the City Council (conduct investigations, make reports on facts, interview individuals, and gather information and/or public � input). A research work groups may not make decisions independent from the City Council. Research work groups will be required to make periodic reports to the City Council on their progress. The City Council may use either a motion or � resolution to establish a research work groups depending upon the subject matter. These committees may include, for example: �--b'�-��2a�+;;e�;-R+a� •-- �F�ee-�', e�=-�asl : F e ree •—� e�i#a�+}tEee • Snowmobile Task Force �, �.� , �,,.,....,�+,o • Downtown South Citizen's Committee 0 2030 Vision Research work groups are expected to be short-term in nature and to disband upon completion of the assigned task, but no later than the assigned end date determined by the City Council. Only action by the City Council may extend the life of a research work group, and the Council must determine a new end date for the group. In some cases, the City Council may decide that the work of the research work group shouid continue on a permanent basis, in which case the City Council must determine whether to convert the research work group to either (1) an advisory committee as outlined in Section 1001.3 of these bylaws, or (2) a special City Council subcommittee as outlined in Section 1001.1 of these I bylaws. •- - ' —_ ---- -- Formatted: Plain Text, Indent: Hanging: 0.5", 1001.3 Advisory Committees. The City Council may establish advisory committees to I ad�usc space between �ac�� a�d as�a� ceXt, monitor significant issues in the community of on-going concern. 1�-i�+a�pe+taFi: Ad��sc sPace becwee� ns�an ceXt and numtx�s � ��=�}2-E9»uc';,�vF�ir .�i'-.F��-'r�c'� :fi-�i,_�.4yC=nc� ��^rn^�w'::��i�� f u;^^� °±,". ^°. Advisory committees are composed of citizen volunteers appointed by the City Council, or a combination of citizen volunteers, appointed G rUsers'�irank�t ppDataVLoca P^ ��s��„41 ':^,;��Ten+p ary I,�ternet F I, s �caent Uut�ook�dDBBZ f50�?013 06 C8 - Ciry Co; i�� sy�a�v; Compa�-son k Jue_ 2o�2doc 17 City Councilors, and City staff. �c£ �r,ic-ya��t�Advisorv committees are �ii�ited to makinq recommendations to the Citv Council Economic Development P,uthoritv or Citv staff and have no authoritv to make decisions on behalf of the �'itv Council. An advisorv committee's Bylaws #� reflect any unique circumstances applicable '- —— Formatted: Indent: First li ne: 0 ^ to the committee. Amendments to an advisorv committ�e's bvlaws �are � re commended bv the advisorv commi!tee f o� approval bv the Citv Counci! Amendments shall not take effect until s+;�4y-(6E3thirty (30) days after their passage. Advisory committees may meet with the City Council in a public workshop to discuss goals and objectives, mutual concerns or questions and other business as appropriate. Advisory committees may include-f�,�;�r�c but are no? Ilmited to th�. followina • Planning Commission. (The Planning Commission has been established by statutory authority and the structural composition and Commission rules are set forth in the City Code.) � . P-�,;;FFarks Advisory Committee • Lakes Advisory Committee • Communications and Technology Advisory Committee • Community Safety Advisory Committee • Traffic Safety Advisory Committee I 1001.4 A list of the Council advisory committees and members shall be maintained on the City Website. 1002: CITY COUNCIL LIAISONS TO CERTAIN ADVISORY COMMITTEES: Annuaily, the I City Council shall appoint a��c'- Co�incilor to serve as a liaison to the Advisory Committees I+sEed'__ in Section 1001.3. The role of the liaison is to act as a conduit and resource for information by and between the Council and the Planning Commission or Committee. The liaison shall make periodic reports to the Council on the activities of the Planning Commission or committee. ��;�-s`�'-rr�= �arEie+ E ' . a .The authoritv and involvement of the liaison shall be established bv each advisorv committee's bylaws. A liaison may always testify or submit comments at a pubiic hearing in their capacity as a private citizen as long as they make ciear at the beginning of their testimony or in their � i _ _. �a�:'Loc_ P � �.. P, du.,_�: ee-F: _ y I _��; F_. ��,-;t O.i.:aok��OCJBt3ZT50'2013 C.,b C�.�; Cc� i, Bfl.�.vs Cci� parlson Ic June 2o�zdoc 18 written comments that they are speaking on their own behalf and not on behalf of the Council. 1003: COMMITTEE VACANCIES: When the term of an individual serving on a committee identified in Section 1001 expires, the individual may appiy to be reappointed if they have not exceeded their term limits and they have met or exceeded the performance I standards ofthe -:> ��-committee. An individual seeking reappointment c�r in� �� lua' s< .� i �n to l,� ne��:�+G�ao�nied by the Council must follow the steps set forth below for fillmg a vacancy on ar ��i��E�� r committee. A vacant position on any committee identified in Section 1001 shall be filled following the procedures set forth below: 1003.1 Applications are solicited. A notice of the vacancy is made public and individuais may be encouraged to consider the position. The notice shall state the deadline for submitting applications. =IpJ?,-� 4s�;-e,�.�'�.^�-P� �10�� 7 Scre Committee. The City Manager or his designee, the Councilor liason and'" ^�e^one member of the committee appointed bv majoritv vote of the committee' "� �� ' shall serve as the ', i Ttio oi �h�ii �.,+on,.�o,�}� r^ I f�n + +ho f �ii +, ..' `,--�.c�".-�2.it�-F�^ �et+nc�Screeninq Committee An individual subject to re-appointment may not sit on the seles#+ea committee. 1003.3 Economic Development Authoritv (`EDA' l and Economic Development Advisorv Committee ("EDAC"1 The Screenina Committee for EDA and EDAC vacancies shall narrow the candidates down to up to three (3) finalists per vacancv. The names of applicants are private data Once finalists have been selected, the names of the finalists become public data The finalists shall be interviewed bv r'ne Council and allowed to make a five minute presentation reqardinq their �,ualifications and reasons for seeking the appointment Members of the Council r nav ask auestions of the candidate but the time used for questions will not be c ounted aqainst the candidates five (51 minute presentation. The Mavor shail ��ien appoint one of the finalists and the Council shall vote on apqroval. If the (' ouncil does not approve the finalist appointed bv the Ma yor the Mavor mav eopoint one of the other finalists for Council approval or mav reopen the vacancv to the public for new candidates. 1 0�3 ^ All Other Committees The Screenina Committee for all othe� shall --- F� orma �ted: No�mai, �ust�r�ed interview all candidates who have applied for appointment or re=, �t and i7�ake a recommendation to the Citv Councii. The recommendation of the is��t�r��aaelScreeninq Committee will be presented to the City Council. The Council may accept or reject the recommendation. If the recommendation is rejected, the City Council may appoint another individual or reopen the application period and invite new candidates to apply. 1004: CITY COUNCIL ROLE ON OTHER COMMITTEES OR AUTHORITIES: There are certain authorities, committees and commissions not_ tha Ci±v Council s direct that a eo�+ae+4-r�e�nb�r Councilor is appointed to and serves as a representative of the Prior Lake City Council. These appointments should be distinguished from appointments to serve as a Council liaison to the Planning Commission or a committee. � A ee;�acil��e�nk�e�Councilor appointed to serve as a member of such a committee, C �s�rs�frank''�,pK;�ata�LocalWticrosoft�WlndowslTemporayl�rer�etFtlssiContent0ut'�ook!�DBBZT50Q0130608-CiryCoui iBylawsC�n�arsontcJune 2G12.dac 19 commission or authority shall provide the City Council with periodic reports on the activities of the committee, commission or authority and, unless provided with specific direction, exercise their judgment on how frequently to report to the full Council.- I I�I L° : sl�e-afe-a�e;r�te�-as1ia+se+�s-le-�f✓isE>�� ?±�s-e�t+asil - . � c`ri�=�;,: � �.:.—� . :;�;;,+-�i+s-:�?c��-c?�°r�l'+;'�3� �=�'�;6',;�:�°-in—C ��++�-c>a{�� ;;- The authority, committee or commission shall determine if the appointed e:,��;�,�;'-� �.:�= �-=Councilor has voting authority in connection with its governing authority. Examples of these types of committees or authorities include: • Three-member Orderly Annexation Board • Transit Review Board • Committees of the League of Minnesota Cities, Metro Cities, or National League of Cities — I a Eco�i� n_'� Deve;oament Advisory Committee (EDAC) -- ---� Fo rmatted: Indent: Left: 0.5 ��, No bullets or numbering SECTION 1100: SUSPENSION OF RULES � 1101: The City Council may vote to suspend the rules set forth herein. The rules may be suspended for a specific meeting oniy upon a motion, second, debate, and a four-fifths I (4/5) vote of the members of the Council unless oth�;wise provided by these byla:^-�. State Statute or City Code. SECTION 1200: TRAVEL & REIMBURSEMENT FOR EXPENSES 1201: The City of Prior Lake recognizes the need for and value in attending workshops, conferences, public and private events, and meetings in the conduct of City business. Such events may take place in the Minneapolis-St. Paul metropolitan area, in out-state Minnesota, or out-of-state. The purpose of this section is to set forth the guidelines for participating in such events, as well as reimbursement of expenses incurred as a result of attendance. 1202: GENERAL CONDITIONS: 1202.1 All expenses incurred by a 6et+Tr� r+;�rhe,Co�mcilor in connection with fulfilling their duties to the City sk�al+-maybe reimbursable. Reimbursement of such expenses shall be in accordance with these City Council Bylaws, City Code Section 105.300, and state statute. 1202.2 Attendance at and reimbursement for events, workshops, conferences or meetings within the Minneapolis-St. Paul metropolitan area and Greater Minnesota do not require advance approval by the City Council as long as the costs for attendance are within the approved City Council budget. 1202.3 Attendance at and the traveling budgets for events, workshops, conferences or meetings conducted out-of-state, or not within the approved City Council budget, must be authorized in advance by the City Council at an open meeting. C:�UserslfranktAppData\LocaP,Microsoft`,WindowslTemporary Int2met Fii2s\Content 0uticok',�D6BZI50.2013 Oo DS - Ciry Council Byla�vs Comparison to June 2012.doc 20 1202.4 In evaluating travel requests for approval, the purpose for attendance must meet one of the following criteria: • The elected official will be receiving training on issues relevant to the City or � to his/her role as the Mayor or as a Sst.ri�=' �m-�,:'�e=�;��..r�cilor. • The elected official will be meeting and networking with other elected officials from around the country to exchange ideas on topics of relevance to the City or on the official roles of local elected officials. • The elected official will be viewing a public facility or function that is similar in nature to one that is currently operating at, or under consideration by, the City where the purpose for the trip is to study the facility or function to bring back ideas for the consideration of the full Council. • The elected official has been specifically assigned by the Council to testify on behalf of the City at the United States Congress or to otherwise meet with federal officials on behalf of the City. � 1202.5 ��+,.�Fa=-;�sCouncilors attending events at City expense are expected to provide the Council with a summary of the meeting. 1202.6 No reimbursements will be made for attendance at events sponsored by or affiliated with political parties. 1202.7 The City must have sufficient funding available in the budget to pay the traveling expenses for the event. 1202.8 The City may make payments in advance for airfare, lodging and registration if specifically approved by the Council. Otherwise, all payments will be made as reimbursements to the elected official. 1202.9 Reimbursement of expenses is intended to refund the actual costs incurred and must be in accordance with the provisions of section 1203 herein. 1203: REIMBURSEMENT REQUIREMENTS: The City will reimburse for transportation, lodging, meals, registrations and incidental costs if attendance at the event, conference, workshop, or meeting is authorized in accordance with the above General � 6:�'-;es-Ccndiroas A receipt must be submitted for reimbursement of all costs. 1203.1 Meals. Daily or event specific reimbursable meal costs are limited to $20.00 per meal. In the case of out-of-state or overnight travel, reimbursable meal costs shall not exceed $60.00 per day. Alcoholic beverages and meal expenses included in the cost of registration are not reimbursable expenses. � 1203.2 Lodgina. Reimbursable lodging costs for travel within the AAi�:�:�are limited to $200 per night. For travel outside the Midwest, reimbursable lodging costs are limited to those that are reasonable and necessary, and as pre-approved by the City Council when authorizing the out-of-state travel budget. I 1203.3 Mileaqe. Mileage wiii be reimbursed at the IRS rate. If two or more 6e�+�e+4 �;�-; �;�-!�o�mcuors are traveling together by car, oniy the vehide owner will receive reimbursement. The City will reimburse for the cost of renting an automobile, if necessary, to conduct City business. City vehicies should be used for City Council business in lieu of rental when available. 1203.4 T jpS. Tips paid as part of ineal service shall not exceed 20% of the total bill and are reimbursable in addition to the cost limits set for reimbursable meals above. Tips and gratuities for services such as taxis are only reimbursable if a receipt is provided, and in no case should exceed 20% of the cost of the service. Tips for C��U�er;'�franF�AppDat.=.1LecahPAieroseft� Intemet Files�ContentOutlookQDBBZT50i2013 06 68 - Ciry Councll Bylaws Comparison to June 2012 tloc �� non-documented services, such as baggage handling or housekeeping, are reimbursable in an amount not to exceed $10 per day. 1203.5 Airfare. Airfare shall be reimbursed at the coach rate. The elected official shall use the most cost-effective mode of travel taking into consideration reasonable time constraints. 1203.6 Non-Reimbursable Expenses. The City will not reimburse for personal telephone calis, rental of luxury vehicles, recreational expenses such as movies, golf, shows, or concerts, or the costs associated with the attendance of a family member or person unauthorized to attend the event on the City's behalf. 1204: EXCEPTIONS TO POLICY: Any exceptions to the bylaws relating to expenses and reimbursement must be approved by the City Council at an open meeting. SECTION 1300: STATEMENT OF ETHICS 1301: POLICY STATEMENT: The City of Prior Lake recognizes our system of democratic representative government is dependent in large measure, upon people having trust and confidence in their public officials. The public rightfully expects governmental officials will conduct City of Prior Lake business in ways which benefit the public good generally and that public office will not be used chiefly or improperiy to advance personal interests. The City Council of Prior Lake has pledged the goals of fair, efficient and honest government will be fostered and that it will strive for integrity and objectivity from all of its officials. 1301.1 The City of Prior Lake finds that the proper operation of democratic representative government requires that: • Elected and appointed officials be independent, impartial and responsible to the people; • Governmental decisions and policy are made in the proper channels of the governmental structure; • Public office and position not be used for personal gain; and • The public have confidence in the integrity of its government. 1301.2 The City of Prior Lake shall adhere to the highest ethical standards that enhance the public trust in local government by: • Creating transparency in its actions through honest and open communication; • Basing decisions and adopting public policies based on what is in the best interest of the public and the overall community; • Supporting the public's right to know the public's business; and • Exercising fairness, optimism, responsiveness and respect in communicating with the public. • Providing a forum and periodic training for public officials and employees to discuss organizational values that reflect high standards and current conditions and concerns. 1301.3 This Statement of Ethics shall be liberally construed in favor of protecting the public's interest in full disclosure of conflicts of interest and promoting ethical standards of conduct. C�._ s t:�nk »'a:lcr__ , r .,�, J,� � En?p„r.,i/ I7t_�� et F I_ t cn:-n( OuYlookl�DB6ZT50��2013 06 68-Ciry Council Bylaws Coi �. �:rson l� im�e 2G i 2 doc �� 1302: ETHICS IN GOVERNMENT: Minnesota Statutes, Chapter 10A, Ethics in Government, is incorporated herein by reference. This policy shall be construed and interpreted in consultation with the City Attorney according to Minnesota Statutes and case law. 1303: GIFTS AND FAVORS: No public official shall accept any valuable gift, favor or thing of value, regardless of amount whether in the form of money, service, loan, thing or promise from any person which to the official's knowledge is concerned, directly or indirectly in any manner whatsoever in business dealings with the City. 1304: USE OF EQUIPMENT AND FACILITIES: No public official shall request or permit the unauthorized use of City-owned vehicles, equipment, materials, property, labor or services for personal convenience or profit. 1305: CONFLICT OF INTEREST: Except as authorized in Minn. Stat. 471.88, a public officer who is authorized to take part in any manner in making any sale, lease, or contract in officiai capacity shall not voluntarily have a personal financial interest in that sale, lease, or contract or personally benefit financially therefrom. (Minn. Stat. Section 471.87) 1306 A public official or local official elected to or appointed by a metropolitan governmental unit who in the discharge of official duties would be required to take an action or make a decision that would substantially affect the official's financial interests or those of an associated business, unless the effect on the official is no greater than on other members of the official's business classification, profession or occupation, must take the following actions: 1306.1 Advise the City Attorney of the potential conflict of interest as soon as possibie, preferably before the meeting; and 1306.2 The City Attorney shall determine whether a disqualifying conflict of interest exists. I 1306.3 Any ce�4-Fr�it;�=Councilor shall orally inform the City Council of the potential conflict and abstain from any participation in that agenda item if a conflict is de,er�7� a��! to exist. 1307: The purpose behind the creation of a rule, which would disqualify public officials from participating in proceedings in a decision-making capacity when they have a direct � conflict of interest in its outcome, is to +as�Freensure that their decision wiil 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 � +�s�;=eensure that the officials will not act arbitrarily to further their selfish interests. SECTION 1400: CITY COUNCIL RECOGNITION C,1UserslfranklAppDatalLocal?MlerosoftlWindrnvstTemporary Intemet Flles\Content.Outlookl�DBBZT50�2013 06 09 -Clry Council Byla�NS Comparison to June 2o12doc 23 1401: COMMENDATION AND CENSURE: To the extent ailowed by law, the City Council desires to encourage appropriate behavior and discourage inappropriate behavior among its members. The City Council, as a body, may by motion and four-fifths (4/5) vote, commend or censure one of its own. If the act involves two members of the Council, a majority vote is required. 1401.1 Commendation: A member may receive public commendation for the exercise of positive leadership, community vision or other actions considered meritorious by the City Council. 1401.2 Censure: A member may receive a public reprimand for failure to conform to any provisions of these bylaws, state statute, misconduct at meetings, violating confidentiality or the attorney-client privilege, absenteeism, disloyalty, a violation of the standards of ethics or violating other value the City holds dear. The � purpose of the censure is to reprimand a c-et��e+�-r�e�+�e+Councilor with the hope of reforming him or her so that he or she won't behave in the same way again. � A motion to censure is amendable, debatable, requires a�a}a��4/5 vote and cannot be reconsidered. C.1UserslfranklAppDatalLOCa�MicrosofttWlndosuslTemporary Intemet FileslContent.Outlookl�DBBZT56�2013 66 OB -Ciry Council Bylaws Comparison to June 2012tloc 24 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 ;:;veEi+o:=r;--F3 c� 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 that replaces the motion being considered with another motion on the same subject. A motion to substitute may be made for either a main motion or an amendment to a main motion. A substitute motion requires a motion and second. The Council then votes on the substitute motion and if that passes, the original motion dies. If the substitute motion fails, the deliberation on the original motion continues. 6. Withdraw a Motion: Any member of the City Council who has made an allowable motion has the authority to remove the motion from consideration by the total body. If a member desires to remove a motion that has been seconded, but not yet voted upon, the member who has seconded the motion must consent to the request of the member to remove the motion from consideration. If the motion has not been seconded, the member may remove the motion from consideration by his/her own request. 7. Division of Motion: A motion that is composed of two or more independent sections or ideas may be deliberated, considered and voted on separately. Each section or idea that is to be voted on separately must be acted upon through a separate motion, second, discussion and subsequent vote. Any member of the City Council may request a motion to be divided into two or more individual motions. r i, �F,Data�Losa P ros-,fP�Wi r'�,.1�?ip r�u, I� -metFiles'�.Content.OutlocklODBBLT50' 06 08-CiryCouncllBylawsComparisontoJune 2u 12-dx 25 8. Eligibility of Motion: The presiding officer may rule on the eligibility of a motion that has been requested to be divided into two or more individual motions. 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: a F�aise a Question of Privileqe Raisinq a question of privilepe allows a member to make a request or motion related to the riqhts and privileqes of the members or an individual member such as noise or temperature in the assembly room. The chair of the meetinq rules on questions of privileqe. = Recess� A motion to recess mav be made bv any member and if approved results in a short intermission and then resumption of business. • Adjourn� A motion to adiourn mav be made bv anv member and if approved results in the adiournment of the meetinq. 1 0 Incidental Motion� These motions concern auestions of procedure related to pendinq business Incidental motions can be made bv anv member of the Citv Council and are ±aken up and decided immediatelv. • Point of Order: Whenever a member thinks that the rules of the City Council are being violated, he/she can make a Point of Order. Whenever a question of the order is called, the presiding officer shall make a ruling on whether the City Council rules have been violated. If a Point of Order is to be raised, it must be raised promptly at the time the violation occurs. This procedure does not require a second, is not debatable and can be used to interrupt a speaker. • Appeal Decision of Chair: The presiding officer will be called on to rule on questions of City Council procedure as set forth in these Bylaws. The decisions of the presiding officer may be appealed by the City Council. A statement of appeal constitutes a motion that, in turn, requires a second and the opportunity for discussion. 11 Motions that Brinq a Question before the Council aqain These motions alloU✓ the Council to consider a question that has alreadv been considered. • 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. G ��. ��.nld ,. �i oca t.1., ��r' `a'Ji �anvs�l emps n� I i.�i��ttF _�`.�,e dent.0u.t,�,,QDBE3 15i �.t013 C-� 08-Git Cou �:' Bylauvs Ccn „��6.� �n tc� Jt;ee zoiz��z 26 • Renew a Motion: A motion to renew a motion mav be made at a subsequent ��eetinq if the motion was not approved and a chanqe is proposed in the oriainal motion. If the motion to renew is approved the motion s as considered new business. A motion to renew requires oniv a majoritv vote reqardless of the vote necessary to adopt the motion renewed. Notwithstanding Robert's Rules of Order, a motion to "lay on the table" shall be debatable. Q\UserslfrankWppDataiLocal\Microsoft',WindowsiTemporary InterneC Flles\Content Outlook.�D8BZT50�2013 O6 08-City Councii Bylaws Comparison to June 2012 doc 27