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HomeMy WebLinkAbout5C Bylaw Amendments1 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: FEBRUARY 8, 2016 AGENDA #: 5C PREPARED BY: FRANK BOYLES, CITY MANAGER PRESENTED BY: FRANK BOYLES AGENDA ITEM: CONSIDER APPROVAL OF AMENDMENTS TO THE CITY COUNCIL AND ADVISORY COMMITTEE BYLAWS DISCUSSION: Introduction The purpose of this agenda item is to update sections of various city bylaws to correspond with City Council directions with respect to public meeting presentations. History At least annually the City Council’s Bylaws and Compensation Committee reviews all bylaws to assure they are current. At the City Council’s annual meeting on January 11, 2016 all bylaws were updated. Current Circumstances Subsequently the Bylaws and Compensation Committee met to discuss bylaw amendments which would revise timelines for public input and clarify other aspects of the public input process. At the City Council’s January 25, 2016 meeting the council concurred with bylaw changes which would accomplish the following: Section 401.2 of the City Council bylaws have been amended to indicate public forum speakers would be limited to five minutes each. Speaker time limits would be proportionately reduced if more than six persons wished to address the council at one forum. The mayor also has the discretion to “stretch” the 30 minute time limit if such notion is deemed appropriate. While not formally discussed by the council, a clarification has been added to the 401.2 Public Forum portion of the City Council bylaws indicating that speakers may not in any way “assign” their five minutes or portions thereof to other speaker. Section 901.3 of the City Council bylaws and section 407 item number 3 of all other bylaws addressing public hearings have been amended to indicate that staff oral reports are expected to be ten minutes maximum unless a longer period is approved by the City Council in advance. Section 901.6.1 of the City Council bylaws and section 407 item number 6 of all other bylaws are amended to allow speakers to address the respective bodies for up to seven minutes at public hearings and any other time that the council is addressed except presentations and forums which are regulated by other portions of the bylaws. 2 Conclusion The City Council expressed concerns regarding these revisions at the January 25, 2016 meeting. Since the council approves specific bylaw provisions, I thought it important to place this matter on the consent agenda. ISSUES: These bylaw changes are made to assure effective input and reasonable length of city council meetings so all are served. In accordance with the bylaws, the adoption of bylaw amendments at any meeting other than the annual meeting requires a super majority. It is staffs intend to delay implementation of these bylaws amendments until April 1, 2016 in order for the informational brochure to be completed and available for distribution posted on the website and articles published on the topic. FINANCIAL IMPACT: The brochure has a $200 charge. The time savings and reduced wait time for speakers is incalculable. ALTERNATIVES: 1.Adopt Bylaws as outlined in this report as set forth above as part of the consent agenda. 2.Remove the item from the consent agenda for discussion. RECOMMENDED MOTION: Alternative #1. ATTACHMENTS: 1.City Council Bylaws Excerpt 2.All Other Bylaws Excerpt 5 of 24 SECTION 300: ANNUAL MEETING 301: The first regularly 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 Council members. The Mayor shall recommend a council member to serve as acting mayor and the Council will 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 Council members to serve as liaisons to the various City advisory committees. 301.11 Approve 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. 301.16 Appoint the Special Assessment Committee. 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 shall include the following statement: “The public forum is intended to afford the public an opportunity to address concerns to the City Council. The public forum will be no longer than 30 minutes in length and each presenter will have no more than ten (10)five (5) minutes to speak. Presenters may not assign their time or any portion thereof to another. 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. However, topics that are the subject of a City Council 13 of 24 901.2 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 possible 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,. which will not exceed ten (10) minutes unless approved in advance by the City Council. 901.4 At the conclusion of any presentation or remarks by staff and/or a consultant, the presiding officer asks the City Council members if they have questions of the staff or consultant. 901.5 The presiding officer requests a motion and second from a member of the Council to open the public hearing and calls 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 for up to (7) minutes each. This timeline will apply to all persons addressing the City Council for any reason except the forum which is governed by section 401 and presentations. 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 distribution to Council members, the City Manager, and City staff. If the materials are lengthy the members may not have sufficient time to review the materials during the presentation; please consider providing materials in advance to allow the members sufficient time for review. 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 should be submitted to the staff by 12:00 p.m. noon of the day of the meeting. The City will use best efforts to play audio or video presentations, however, if there are technical or other issues the City will not disrupt a meeting in order to play the presentation. All materials including audio and video presentations are subject to the presiding officer’s judgment relating to timeliness and relevance. 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 materials. Nine (9) copies of the comments and materials must be submitted to the City staff prior to the Council meeting. The comments and materials will be distributed to Council members, the City Manager, and City staff. The written comments and materials will become part of the record, but will not be read aloud at the meeting 901.6.3 If unable to attend a meeting, members of the public, interested parties or their authorized representatives may submit testimony to the City Council using a prerecorded audio or video communication. City Council 7 of 10 Committee must use judgment and discretion when recognizing members of the public to answer a question during the time they have the floor. 3.Members of the Committee 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 Committee meetings, Committee members may want to consider contacting the Staff Liaison, in sufficient time prior to the meeting, to advise the question they intend to ask in order for the Staff Liaison to attempt to bring the additional information to the Committee meeting. 4.The Chair shall be the presiding officer at all meetings. If the Chair is absent, the Vice- Chair shall preside at the meeting. If the Chair and the Vice-Chair are both absent, the Secretary shall call the meeting to order and preside until such time the Committee 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 Committee. 5.The presiding officer has two unique powers: interpreting and applying the rules of procedure; and recognizing speakers from the audience. That official shall have the obligation to be impartial and objective in conducting the meeting. 6.The presiding officer shall recognize all speakers from the audience, except when a member of the Committee has the floor and they expressly recognize a member of the audience who desires to speak on the issue under consideration. 7.The presiding officer has the responsibility to facilitate discussion by the Committee. This may occur in a variety of ways, including: Interpret and apply rules of procedure Decide whether motions are properly made. Decide whether motions are in order. Decide whether questions of special privilege ought to be granted. Decide when to recognize speakers. Call for motions or recommend motions. Expel disorderly persons from the meeting. Enforce speaking procedures. 8.The presiding officer is responsible for maintaining order at the meetings. Although meetings must be open to the public, no person who is noisy or unruly has a right to remain in the Council Chambers. When individuals abuse their rights to be present, the presiding officer, subject to overrule by the Committee, can order their removal from the room. 407: PUBLIC HEARING FORMAT. Public Hearings shall be conducted in the following manner: 1.The presiding officer announces the agenda item that is the subject of the public hearing. 2.It is the intent of the Committee to open all public hearings at the time indicated in the public hearing notice, or as soon as possible thereafter. From a practical standpoint, not all hearings can be opened at their designated time. The Committee 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. 3.Staff and/or a consultant make a presentation or report on the subject matter of the public hearing, .which will not exceed ten (10) minutes unless approved in advance by the City Council. All Other 8 of 10 4.At the conclusion of any presentation or remarks by staff and/or a consultant, the presiding officer asks the Committee members if they have questions of the staff or consultant. 5.The presiding officer requests a motion and second from a member of the Committee to open the public hearing and calls for a vote. 6.The presiding officer declares the public hearing opened, announces the time and then proceeds to ask for citizen input, comments and questions. Members of the public, interested parties or their authorized representatives may address the Committee orally for up to seven (7) minutes each. This timeline will apply to all persons addressing the committee for any reason. If the speaker intends to present written or hard copy materials to support their presentation to the Committee, they must provide the staff, at the time of their presentation or before, seven (7) copies of the original for distribution to Committee members and City staff. If the materials are lengthy the members may not have sufficient time to review the materials during the presentation; please consider providing materials in advance to allow the members sufficient time for review. 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 Committee, 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 should be submitted to the staff by 12:00 p.m. noon of the day of the meeting. The City will use best efforts to play audio or video presentations, however, if there are technical or other issues the City will not disrupt a meeting in order to play the presentation. All materials including audio and video presentations are subject to the presiding officer’s judgment relating to timeliness and relevance. If unable to attend the meeting, members of the public, interested parties or their authorized representatives may submit written comments and supporting materials. Seven (7) copies of the comments and materials must be submitted to the City staff prior to the Committee meeting. The comments and materials will be distributed to Committee members and City staff. The written comments and materials will become part of the record, but will not be read aloud at the meeting If unable to attend a meeting, members of the public, interested parties or their authorized representatives may submit testimony to the Committee using a prerecorded audio or video communication. An audio or video communication 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 author of the recorded testimony must provide seven (7) copies to the City staff at least seven (7) calendar days prior to the meeting in order to allow staff an opportunity to view the presentation and prepare a written summary. The recorded testimony and summary prepared by the staff will be provided to the Committee as part of their Committee agenda package. The audio or visual communication may be used by individual Committee members in preparation for the Committee meeting, but will not be played during the meeting. The presentation and the summary will become a part of the public record. Generally, Committee agenda packages are distributed to members of the Committee three (3) days prior to the meeting. 7.After all persons have been heard, the presiding officer will ask whether there are any other persons in attendance who want to be heard on the matter pending. The presiding officer will explain that the Committee is going to deliberate and that the Committee may not take any additional public comment prior to closing the hearing and taking action. The presiding officer will then ask one more time whether there are any other persons in attendance who want to be heard on the matter pending. All Other