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Home My WebLink About5B Amend City Council Bylaws O� P �� 1 P H � V � 4646 Dakota Street SE Prior Lake, MN 55372 �jNNESO� CITY COUNCIL AGENDA REPORT MEETING DATE: NOVEMBER 12, 2013 AGENDA #: 5B PREPARED BY: FRANK BOYLES, CITY MANAGER PRESENTED BY: FRANK BOYLES AGENDA ITEM: CONSIDER APPROVAL OF AMENDMENTS TO THE CITY COUNCIL BYLAWS WITH RESPECT TO THE CONSENT AGENDA DISCUSSION: I ntroduction The purpose of this agenda item is to make the Consent Agenda practices enumerated on the agenda sheet consistent with the City Council bylaw provisions. Historv To expedite City Council meetings, the City Council has established a consent portion of the agenda. Items on the consent agenda are considered routine and non-controversial. In the event a Council member has a question about a consent agenda item, they can remove the item for discussion. Last meeting we learned that the agenda sheet also allows the public in addition to the Mayor and City Council to remove items from the consent agenda. However, the City Council Bylaws restrict removal of items from the consent agenda to the Mayor and Council members only. Current Circumstances Attached are pages 6 and 7 of the bylaws showing the proposed modifications to the City Council Bylaws which verify the city manager's and public's right to remove items from the consent agenda as well as the Mayor and City Council. The city manager is proposed to be includes as it we have had to remove items completely from the agenda or remove items from consent to share new information on a topic. Conclusion The City Council should determine if the proposed language making the consent agenda provisions of the agenda sheet consistent with the City Council Bylaws are acceptable. ISSUES: The proposed revisions improve transparency since Council members or persons present at the meeting may remove items from the consent agenda. We have assumed that the member of the public removing the item need not be a resident as this would require a certification process of some sort Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com which would be counterproductive. On the other hand this provision would allow persons from anywhere to remove items from the consent agenda which are consistent or inconsistent with their private views. The Council should also consider whether a member of the public can remove items from the consent agenda by phone, email, text or letter or must they be present at the meeting? Moreover, could a member of the public have a standing request that all or certain items be automatically removed from consent, effectively modifying the terms of the bylaws? ' Is there any need to clarify who may vote on the consent agenda since this provision does allow members of the public to share at least one of the City Council's responsibilities? The EDA has a consent agenda. Should the same amendments be made to their bylaws and agenda sheet? The City Council should be aware that the entire agenda package is placed into Laserfiche the Friday preceding the meeting so that persons with a computer can access the details should they decide to. We also encourage persons to stop by to pick up paper agenda reports and we offer to mail them out as well. FINANCIAL Minor. I M PACT: ALTERNATIVES: 1. Adopt amendments to the City Council bylaws as proposed or with amendments. 2. Take no action and direct staff as appropriate. RECOMMENDED Alternative 1. MOTION: O� p ��P N � u r� 4646 Dakota Street SE '�IN�so'��' Prior Lake, MN 55372 RESOLUTION 13-xxx 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 atldress language making the City Council bylaws consistent with the agenda sheet allowing members of the public to request removal of an item from the consent agenda. 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 12th DAY OF NOVEMBER 2013. YES NO Hedber Hedber Keene Keene McGuire McGuire Morton Morton Souku Souku Frank Boyles, City Manager 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. • Every individual who addresses the Council at the forum must first be recognized by the presiding officer and then shall state his/her name and address before beginning any comments. The City Manager shall be the timekeeper for the Forum so that each speaker receives an appropriate amount of time. � No Council action may take place during the forum. However, council members may express their views or reaction to a presentation and may ask questions of the presenter. • At the conclusion of the public forum, the Council may, by motion and majority vote unless otherwise provided by these bylaws, State Statute or City Code, indicate its interest that the subject presented at the Public forum be placed on a subsequent City Council agenda. • Items to be considered on the agenda may be addressed at the public forum consistent with the limitations set out in Section 401.2 of these Bylaws. • Presentations at the public forum must be consistent with Section 901.6 of these Bylaws. • If any council member deems that the comments are not germane to issues within the purview of the City Council, the council member may appeal to the presiding officer to request the speaker yield the podium. Further, any council member may object to the appeal to the presiding officer to request a speaker yield the podium, in which case, the presiding officer shall put the matter to a vote of the Council. • Public forums are included as part of the regular meeting minutes and cablecast live. • The presiding officer shall have the authority to adjourn the public forum, censure a speaker or take other action as deemed appropriate if there is a breach of 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 I of an item on the "Consent Agenda" is desired, any member of the Council Citv Manager or member of the public present at the meetina 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, 6 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 I or a council member. Citv Manaqer or member of the public qresent at the meetinq, specifically requests that an item on the Consent Agenda be removed and considered separately, Items on the Consent Agenda are considered under one motion, second and 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 Council member Reports • Members of the City Council and staff may present items under Other Business that will be discussed and deliberated for the first time. These items should, for the most part, be informational. The City Council has the authority to request action or take a formal position on the item(s); however, this shall be done on an item-by-item basis. 401.12 Adjournment 402: CITY MANAGER TO DETERMINE AGENDA: It shall be the responsibility of the City Manager to prepare and decide the City Council agenda. The City Manager shall be responsible for overseeing and reviewing the preparation of all agenda items. 402.1 If a member of the public requests to appear before the City Council or requests an item to be placed on the Council agenda, the City Manager shall determine whether the item should appropriately be considered by the City Council at a regular meeting. 402.2 If the City Manager determines that an item should not be placed on a City Council agenda, the City Manager may recommend that the individual appear at a City Council Forum. 402.3 The City Manager shall maintain a list of items scheduled to appear on meeting agendas. The City Manager shall endeavor to manage the anticipated length of Council meetings in order to assure each matter receives full and fair consideration, and that the meeting can be concluded by 11 p.m. 402.4 The City Council maintains final authority to approve, disapprove or modify the agenda. 7