HomeMy WebLinkAbout9D City Code Section 105 and Bylaws Amend Report
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: JANUARY 8, 2018
AGENDA #: 9D
PREPARED BY: FRANK BOYLES, CITY MANAGER
PRESENTED BY: FRANK BOYLES
AGENDA ITEM: CONSIDER APPROVAL OF A REPORT FROM THE CITY COUNCIL BYLAW
AND COMPENSATION COMMITTEE
DISCUSSION: Introduction
The purpose of this agenda item is to update Section 105 of the Prior Lake City
Code, update the City Council Bylaws and propose a template for revision of our
various advisory committee bylaws.
History
The City Council established the Bylaws and Compensation Committee to
periodically recommend revisions in City Council compensation and various City
committee related bylaws.
Included in these bylaws are: Citizen Engagement Committee (CEC), Community
Safety Advisory Committee (CSAC), Planning Commission (PC), Traffic Safety
Advisory Committee (TSAC) and Economic Development Authority (EDA).
The Business Engagement Committee (BEC) and Technology Village Board of
Directors (TVBOD) Bylaws may be updated per the Economic Development
Authority in 2018.
Current Circumstances
Councilors McGuire and Thompson serve on the Bylaws and Compensation
Committee. In the last 30 days the two met with the city attorney and me to
discuss the Prior Lake City Code Section 105 entitled Mayor and City Council. The
city attorney informed the committee that this ordinance section is considerably
outdated with many of its provisions dating back to 2002 and 2005.
The committee concluded that this city code section should be redrafted and
submitted to the city council for approval as part of the annual meeting (attached).
The new language seeks to clarify, among other things: terms of office, city council
meeting dates and times, advisory committee names, city council monthly pay and
meeting costs.
The most noteworthy change is because City council monthly pay rates have not
been adjusted since 2008. Not surprisingly, our survey of similarly sized cities
indicated that our rates were low. Therefore, the 2008 rates for mayor are to be
adjusted from $785 to $840 and for council member from $620 to $645 effective
January 1, 2019.
To avoid this situation reoccurring in the future, the code provides for an annual
adjustment to mayor and city councilmember monthly pay thereafter equal to the
twelve-month Consumer Price Index - Urban for the Minneapolis, St. Paul area.
The committee also discussed the bylaws for the city council itself. Significant
revisions are recommended. The basic thesis of the revisions is to shorten and
simplify the city council bylaws so they are more user friendly both for city official
and public use. It was concluded that over the years the document became more
detailed than it needs to be.
The city attorney has proposed revisions to the Community Safety Advisory
Committee Bylaws as well which would be a template for change for all other
advisory committees (excepting the Planning Commission and Economic
Development Committee because both are statutory bodies). The committee asks
that the city council review both sets of bylaws to assure they concur with the tenor
of the changes. If so, all other bylaws, except the two noted above, would be made
and distributed for use.
ISSUES: The city council should determine if they concur both with the city code and
proposed bylaw changes which are reasonably straight forward. All revisions
proposed are consistent with city council desire to maintain understandable, up to
date and useable documentation to assure transparency.
FINANCIAL
IMPACT:
The financial impacts of the proposed changes would not occur until 2019 and
would be incorporated in the budget documents accordingly.
ALTERNATIVES: 1. Motion and second to approve the ordinance amending City Code Section 105
Related to Mayor and City Council and to approve the resolution approving the
summary of the ordinance and ordering the publication of said summary.
2. Direct the city attorney and staff to finalize the bylaws for the city council and
various advisory bodies consistent with the changes proposed by the Bylaws
and Compensation Committee and distribute the revised documents for use.
3. Take no action and defer the matter back to the Bylaws and Compensation
Committee for additional discussion.
RECOMMENDED
MOTION:
Alternatives #1 and 2.
4646 Dakota Street SE
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. 118-__
AN ORDINANCE AMENDING CITY CODE SECTION 105 RELATING TO MAYOR AND CITY
COUNCIL
The City Council of the City of Prior Lake, Minnesota ordains:
1. City Code Section 105 is amended by deleting it in its entirety and replacing with the following:
SECTION 105
MAYOR AND CITY COUNCIL
105.100: CITY ELECTIONS, OFFICERS AND TERMS OF OFFICE
105.200: COUNCIL MEETINGS
105.300: SALARIES
105.100: CITY ELECTIONS, OFFICERS AND TERMS OF OFFICE: The City Council shall
consist of a Mayor and four (4) Council members all of whom shall be residents of the
City and should otherwise be qualified to hold public office pursuant to the laws of the
State. The regular City elections shall be held biennially on the first Tuesday after the
first Monday in November on every even-numbered year beginning with the 1986
election.
Term of Office: The term of Mayor of the City shall be four (4) years. Council
members shall be elected for four (4) year terms of office with two (2) Council
members being elected at each election.
105.101 Absentee Ballot Counting Board: The Council hereby establishes an Absentee Ballot
Board pursuant to Minn. Stat. 203B.121, as it may be amended from time to time. The
duties of the Absentee Ballot Board are as set forth in statute.
105.200: COUNCIL MEETINGS:
105.201 The Council may hold regular, special and emergency meetings. The procedure for
calling and holding meetings shall be set forth in the City Council Bylaws. The regularly
scheduled meetings of the City shall be held on the first and third Mondays of each
month at such other times and dates as the Council may from time to time designate.
.
105.300: SALARIES: As of January 1, 2019, the Mayor's salary and the salary of each City
Council member is hereby established at the following monthly rate: Mayor: $840;
Council member: $670. On each January 1 thereafter, the monthly salary shall be
increased by a percentage equal to the increase in the CPI-U for Minneapolis-St. Paul,
2 of 2
MN-WI, all items, not seasonally adjusted, from January 1 of the prior year to January 1
of the year of the increase.
105.301 Policy: In addition to the salaries set forth above, the City Council deems it appropriate
and prudent to remunerate the Mayor and City Council members (purposes of the
following subsections, Council member includes the Mayor) for participation in certain
meetings. Such remuneration encourages members to become more informed
regarding constituent issues and be better representatives of the City.
105.302 Per Meeting Rate: For each eligible meeting attended, a Council member will receive
$50 to remunerate time spent and out-of-pocket expenses.
105.303 Per Meeting Requests: A Councilmember requesting per meeting remuneration for
attending a qualifying per meeting shall do so on forms prescribed therefore. The request
to the Finance Department shall indicate the number of meetings for which remuneration
is requested, the date, time and organization conducting the meeting and the Council
members' role at the meeting.
105.304 Qualifying Meetings: The Finance Department shall approve per meeting
remuneration only for meetings which meet the criteria set forth below:
(1) Task Forces and Work Groups of the City Council to which a Council member has been
appointed. (Examples include Special Assessment Task Force, Annexation Task Force)
(2) Meetings of City Advisory Committees to which the Council or EDA member is the
liaison. (Examples: Planning Commission, Citizen Engagement Committee, Business
Engagement Committee, Technology Village Board of Directors)
(3) Meetings of bodies to which a Council member has been appointed the City Council's
representative. (Examples: Orderly Annexation Board, MVTA)
(4) Policy committee meetings or annual meetings or conferences of the Metro Cities,
League of Minnesota Cities or National League of Cities. (amd. Ord. 01-08 – pub.
8/20/01 and effective 1/1/02)
(5) Meetings at which the Council member is acting as the representative of the City Council
pursuant to the City Council’s direction. (amd. Ord. 105-20 – pub. 7/23/05)
2. This Ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 8th day of January 2018.
ATTEST:
_________________________ __________________________
Frank Boyles, City Manager Kirt Briggs, Mayor
Published in the Prior Lake American on the 13th day of January 2018.
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 18-___
A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 118-__ AND
ORDERING THE PUBLICATION OF SAID SUMMARY
Motion By: Second By:
WHEREAS,
On January 8, 2018 the City Council adopted Ordinance No. 18-___ amending
City Code Section 105 relating to Mayor and City Council; and
WHEREAS, Minnesota Statutes requires publication of an ordinance in the official newspaper
before it becomes effective; and
WHEREAS, Minnesota Statutes also allows the publication of a summary of an ordinance if the
Council finds that the summary is an accurate representation of the ordinance; and
WHEREAS, The City Council desires to publish a summary of the amendments to Section 105
of the Prior Lake City Code and has determined the publication of a summary of
this ordinance will meet the intent of the statute.
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. Ordinance No. 118-__ is lengthy.
3. The text of summary of Ordinance No. 18-___, attached hereto as Exhibit A, conforms to
M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the
Ordinance will clearly inform the public of the intent and effect of the Ordinance.
4. The title and summary shall be published once in the Prior Lake American in a body type no
smaller than brevier or eight-point type.
5. A complete text of the newly amended City Code will be available for inspection at City Hall
or in the Document Center on the City of Prior Lake Website after January 13, 2018.
PASSED AND ADOPTED THIS 8th DAY OF JANUARY 2018
VOTE Briggs McGuire Thompson Braid Burkart
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
____________________________
Frank Boyles, City Manager
2
Exhibit A
SUMMARY ORDINANCE NO. 118-__
AN ORDINANCE AMENDING CITY CODE SECTION 105 RELATING TO MAYOR AND CITY
COUNCIL
The following is only a summary of Ordinance No. 118-__. The full text will available for public inspection after
January 13, 2018 by any person during regular office hours at City Hall or in the Document Center on the City of
Prior Lake Website.
SUMMARY: The Ordinance updates the City Council meeting dates, added subsection 105.101 for Absentee
Ballot Counting Board, Updated section 105.201 regarding council meetings, updated section 105.300 for
Mayor and City Council salaries, and language changes throughout.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 8th Day of January 2018.
ATTEST:
_________________________ __________________________
Frank Boyles, City Manager Kirt Briggs, Mayor
Summary Ordinance to be published in the Prior Lake American on the 13th Day of January 2018.
City of Prior Lake
105/p1
SECTION 105
MAYOR AND CITY COUNCIL
105.100: CITY ELECTIONS, OFFICERS AND TERMS OF OFFICE
105.200: COUNCIL MEETINGS
105.300: SALARIES
105.100: CITY ELECTIONS, OFFICERS AND TERMS OF OFFICE: The City Council shall
consist of a Mayor and four (4) Council members all of whom shall be residents of
the City and should otherwise be qualified to hold public office pursuant to the laws
of the State. The regular City elections shall be held biennially on the first Tuesday
after the first Monday in November on every even-numbered year beginning with
the 1986 election.
Term of Office: The term of Mayor of the City shall be four (4) years commencing
with the January 1, 1986, term of office.. Except as hereinafter provided, Council
members shall be elected for four (4) year terms of office with two (2) Council
members being elected at each election.
105.101 Absentee Ballot Counting Board: The Council hereby establishes an Absentee
Ballot Board pursuant to Minn. Stat. 203B.121, as it may be amended from time to
time. The duties of the Absentee Ballot Board are as set forth in statute.
105.200: COUNCIL MEETINGS:
105.201 The Council may hold regular, special and emergency meetings. The procedure for
calling and holding meetings shall be set forth in the City Council BylawsTime and
Place of Regular Meetings: There will be at least two (2) regular Council meetings
monthly in the City Hall. The City Council, by resolution, may schedule additional
regular meetings or may cancel regularly scheduled meetings by majority of the
Council vote. The regularly scheduled meetings of the City shall be held on the first
and third Mondays of each month commencing at six o'clock (6:00) p.m., or at such
other times and dates as the Council may from time to time by resolution designate.
When a regular meeting falls on the same day as that of an official holiday, the
regular meeting shall automatically be postponed to the following day, or may be
cancelled by the City Managermajority vote of the Councilmembers. (amd. Ord.
105-20 – pub. 07/23/05)
City of Prior Lake
105/p2
105.202 Procedural Requirements of the Regular Meetings:
(1) Regular Business Session: A regular business session shall be conducted at
each meeting of the City Council.
(2) Prepare Agenda: The Agenda for each regular meeting will be prepared by the
City Manager and shall be available the Friday before the following meeting.
105.203 Special Meetings: Special meetings may be called by the Mayor or any two (2)
members of the City Council by writing, filed with the City Manager who shall then
mail a notice to all the members of the time and place of meeting at least one day
before the meeting.
105.204 Meetings Open to the Public: All said meetings should be open to the public.
.
105.300: SALARIES: As of January 1, 2019, tThe Mayor's salary and the salary of each
City Council member is hereby established at the following monthly rate: Mayor:
$840; Council member: $670. On each January 1 thereafter, the monthly salary
shall be increased by a percentage equal to the increase in the CPI-U for
Minneapolis-St. Paul, MN-WI, all items, not seasonaly adusted, from January 1 of
the prior year to January 1 of the year of the increase.
Mayor Council member
2006 $720 $570
2007 $750 $595
2008 $785 $620
This subsection shall take effect on January 1st, 2006. (amd. Ord. 00-03 - pub.
1/8/00). (amd. Ord. 105.20 – pub 7/23/05).
105.301 Per Diem: In addition to the salaries set forth in Section 105.300, Councilmember
(for the purposes of this subsection, Councilmember includes Mayor) may be
eligible for a per diem remuneration.
105.3021 Policy: In addition to the salaries set forth above, tThe City Council deems it
appropriate and prudent to remunerate the Mayor and City Council members (
purposes of the following subsections, Council member includes the Mayor) for
participation in certain meetings. Such remuneration encourages Councilmembers
to become more informed regarding constituent issues and be better
representatives of the City.
105.3032 Per DiemMeeting Rate: For each eligible meeting attended, a Council
member will receive $50 to remunerate time spent and out-of-pocket expenses.
105.3043 Per Diem Meeting Requests: A Councilmember requesting per
meetingdiem remuneration for attending a qualifying per diem meeting shall do so
on forms prescribed therefore. The request to the Finance Department shall
indicate the number of meetings for which remuneration is requested, the date, time
City of Prior Lake
105/p3
and organization conducting the meeting and the Council members' role at the
meeting.
105.3054 Qualifying Per Diem Meetings: The Finance Department shall approve per
meetingdiem remuneration only for meetings which meet the criteria set forth below:
(1) Task Forces and Work GroupsSubcommittees of the City Council to which a
Council member has been appointed. (Examples include Special Assessment Task
ForceCommittee, Annexation Task Force)
(2) Meetings of City Advisory Committees to which the Council or EDA member is the
liaison. (Examples: Planning Commission, Citizen Engagement Committee,
Business Engagement Committee, Technology Village Board of DirectorsParks
Advisory Committee, Lake Advisory Committee, Business Advisory Council)
(3) Meetings of bodies to which a Council member has been appointed the City
Council's representative. (Examples: Prior Lake Spring Lake Watershed
Commission, Orderly Annexation Board, MVTA)
(4) Policy committee meetings or annual meetings or conferences of the Metro
CitiesAssociation of Metropolitan Municipalities, League of Minnesota Cities or
National League of Cities. (amd. Ord. 01-08 – pub. 8/20/01 and effective 1/1/02)
(5) Meetings at which the Council member is acting as the representative of the City
Council pursuant to the City Council’s direction. (amd. Ord. 105-20 – pub. 7/23/05)
(This Space Intentionally Blank
For Future Amendments)
City of Prior Lake
105/p1
CITY OF PRIOR LAKE, MINNESOTA
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
March 2013
January 2014
March 2014
January 2015
January 2016
January 2017
January 2018
FRANK BOYLES, CITY MANAGER
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TABLE OF CONTENTS
Section # Topic Page #
Section 100 Purpose 3
Section 200
Regular, Special and Emergency Meetings and Work
Sessions 3
Section 300 Annual Meeting 5
Section 400 Meeting Agenda Format and Consent Agenda 5
Section 500 Quorum and Voting Procedures 8
Section 600 Minute Preparation 9
Section 700 Roles at Meeting 10
Section 800 Motions, Resolutions, Ordinances 11
Section 900 Public Hearing Format 12
Section 1000 Committee Structure 14
Section 1100 Suspension of Rules 17
Section 1200 Travel and Reimbursement for Expenses 17
Section 1300 Statement of Ethics 19
Section 1400 City Council Recognition 21
Appendix A Types of Motions 22
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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 operating procedures designed to guide them
during the Council meetings, and to establish a code of ethics and conduct.
102: The Bylaws shall be considered and adopted at the annual meeting of the Prior Lake
City Council. The Annual Meeting is the first regular meeting in January. A simple
majority is required to pass the Bylaws at the annual meeting. In addition, bBylaws can
be reviewed and amended at any meeting other than the annual meeting. A super
majority is required at any meeting other than the annual meeting unless otherwise
provided by these bylaws, State Statute or City Code.Any changes or amendments to
the Bylaws shall follow this procedure:
102.1 A motion to amend 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
unless otherwise provided by these bylaws, State Statute or City 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 parliamentary
objection and advises the Council of the particular rule which was not observed. If these
Bylaws conflict with State or Federal law, or the City Code the State or Federal law or
City Code, as applicable, shall govern.
SECTION 200:
REGULAR, SPECIAL AND EMERGENCY MEETINGS, AND WORK SESSIONS
201: Except as otherwise provided in the Minnesota Open Meeting Law, M.S.A. Chapter 13D,
all meetings of the City Council, including regular, special, emergency, work sessions,
and adjourned meetings shall be open to the public.
202: REGULAR MEETINGS: The City Council shall establish a regular meeting schedule.
Notice of all meetings shall follow the requirements of the Minnesota Open Meeting Law.
All 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 cancel or reschedule a regularly scheduled Council meeting
when appropriate, including but not limited to the following: there will not be a quorum of
the City Council present; weather conditions develop or are forecast that make
attendance at the meeting impractical, imprudent, or dangerous for the Council
members, staff and public; or the amount of business pending does not warrant a
meeting.
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The City Manager shall post any decision to 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.
A City Council member shall inform the City Manager when an absence is planned or
pending prior to the meeting.
203: SPECIAL MEETINGS: Special meetings may be called by the Mayor or any two (2)
members of the City Council by writing, filed with the City Manager. The City Manager
shall then provide notice to all members of the time and place of the meeting. 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 special meetings shall comply
with the Minnesota Open Meeting Law.
204: EMERGENCY MEETINGS: The Mayor or City Manager may call an emergency
meeting. Notice of the emergency meeting shall be given by either telephone, fax,
electronic communication or written notice to members of the City Council. Notice shall
be provided to each news medium and individual that has filed a written request for
notice. Posted or published notice of an emergency meeting shall be in accordance with
the requirements of the Minnesota Open Meeting Law. An "emergency" meeting is a
special meeting called because of circumstances that require immediate consideration
by the City Council.
205: WORK SESSIONS: The City Manager may schedule work sessions subject to Council
approval. The purpose of the work sessions 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 requested
by the Council at the meeting. The work session may be canceled at the discretion of the
City Manager. Work sessions will not be televised and minutes will not be taken.
206: AGENDAS: The City Manager shall prepare agendas for all meetings. The agenda for a
regular meeting 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. The agenda for a special
meeting or an emergency meeting shall be included in the notice. The agenda for a work
session shall be reflected in the City Council agenda.
204.1 A copy of the agenda materials will be available in the Council Chambers (or
other location of the meeting) 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
Friday preceding the City Council regular meeting or workshop and as soon as
available for a special meeting or emergency meeting.
SECTION 300:
ANNUAL MEETING
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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 if applicable unless scheduled at an earlier meeting
or deferred by the Council:
301.1 Swear in newly elected officials.
301.2 Appoint Acting Mayor. 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, appoint an auditing firm, appoint a fiscal consultant
and designate investment authority.
301.5 Designate the Local Board of Appeals and Equalization.
301.6 Designate an emergency management director, a health officer, and an animal
control officer.
301.7 Appoint Council members to serve as liaisons to the various City advisory
committees.
301.8 Approve City Council and City Council appointed committee bylaws and
procedures.
301.9 Adopt the yearly fee schedule.
301.10 Other designations, approvals or appointments as may be appropriate.
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 Public Forum. The agenda shall include a public forum. 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 fiveten (105) 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. However, topics that are the subject of a
public hearing are best addressed at the public hearing, not at public forum. Therefore,
topics may not be addressed at public forum if: (i) the topic has been the subject of a
public hearing before the City Council or any City Advisory Committee and the Council
has not taken action on the topic; or (ii) if the topic is the subject of a public hearing for
which notice has been published in the City’s official newspaper, or a continued public
hearing or public information hearing before the City Council or any City Advisory
Committee. During public forum, a member of the public may request that the City
Council consider removing an item from the Consent Agenda following the procedure set
forth in Section 401.5. The City Council may discuss but will not take formal action on
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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.e
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. Discussion of items placed on the "Consent Agenda"
shall be limited to brief comments or questions. If extensive discussion of an item on the
"Consent Agenda" is desired, any member of the Council 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 council member 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
Formatted: Indent: Left: 0", Hanging: 0.5", No bullets or
numbering
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item removed from the consent agenda shall be placed on the council agenda under
“Removed Consent Agenda Items.”e
401.6 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.
401.7 Public Hearings
401.8 Old Business
401.9 New Business
401.10 Removed Consent Agenda Items
Any item removed from the Consent Agenda shall be placed here for separate Council
discussion and consideration.
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.
403: The Mayor or Acting Mayor shall preside over all Council meetings. The presiding officer
may call a recess at any time during the meeting. Except for recesses for closed
meetings, 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 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 adjourned at or prior to
the time specified in the approved motion to extend.
SECTION 500:
QUORUM AND VOTING PROCEDURES
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501: At each meeting, a majority of all the members elected (3 out of 5) shall constitute a
quorum for the transaction of business.
502: The voting options available to the City Council when a vote has been initiated are: “aye”
– an affirmative vote; “nay” - a negative vote. A council member may abstain only when
they have a disqualifying conflict of interest as determined by the City Attorney.
503: Three votes shall be necessary for approval of any ordinance unless otherwise provided
by these bylaws, State Statute or City Code. A majority vote of members present at a
meeting, which must be at least a majority vote of a quorum, is necessary for the
approval of all general motions and resolutions unless otherwise provided by these
bylaws, State Statute or City Code.
504: When a question is put before the Council 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 council member must advise the presiding officer of the nature of
the conflict. Otherwise, any council member, 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 by these bylaws, State Statute or City Code.
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 Following the presentation Council members may ask questions of City staff or provide
information concerning the agenda item. If a council member 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 Council members 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 Council members 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
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of an "on the record review" in a judicial proceeding. A video 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 Council Members after their vote on each motion.
602: The official minutes shall be prepared and presented to the City Council at the next
regularly scheduled meeting as part of the agenda packet. The text of the minutes shall
consist of official Council business conducted while the Council is in session. Any
comments made at a meeting that are made prior to the start of or after adjournment of
the meeting, or during 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
corrections. If an addition or correction is presented, the change must be specific as to
place, paragraph, and sentence, if applicable. The official minutes shall be corrected to
reflect the change.
603: Approval of the minutes requires a motion, second and a majority vote of the members
present at the meeting unless otherwise provided by these bylaws, State Statute or City
Code. Council members 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.
604.3 All audio and video recordings will be retained in accordance with the City's data
retention schedule.
605: A verbatim transcript of all or any part of a meeting may be requested by a member of
the general public. A fee for the transcript shall be in accordance with the City’s official
fee schedule unless the City has, for its own purposes, previously prepared a verbatim
transcript, in which case the individual requesting a copy of the transcript shall pay the
City's standard photocopy charge.
SECTION 700:
ROLES AT MEETING
701: All meetings of the City Council shall comply with the Minnesota Open Meeting law,
which requires meetings (with few exceptions) of all municipal bodies to be open to the
public. The 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.
702: Any council member 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.
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703: 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, Council members should contact the City Manager, in
sufficient time prior to the meeting, to advise of the question they intend to ask in order
for the City Manager to attempt to bring the additional information to the Council
meeting.
704: The Mayor has the same power to make or second a motion and to vote 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 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.
706: The presiding officer has two unique powers: (1) interpreting and applying the rules of
procedure; and (2) recognizing speakers from the audience.
707: The presiding officer is responsible for maintaining order at the meetings.
708: 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.
709: The presiding officer has the responsibility to facilitate discussion by the City Council.
This may occur in a variety of ways, including:
709.1 Interpret and apply rules of procedure.
709.2 Decide whether motions are properly made.
709.3 Decide whether motions are in order.
709.4 Decide whether questions of special privilege ought to be granted.
709.5 Decide when to recognize speakers.
709.6 Call for motions or recommend motions.
709.7 Expel disorderly persons from the meeting.
709.8 Enforce speaking procedures.
710: All members of the City Council may make and second motions, participate in
discussions and vote whenever a vote is taken.
711: As individuals, Council members have no administrative authority. When acting as a
Council, however, the legislative body has authority over the appointed City Manager.
712: 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.
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713: Department Heads may attend all meetings. Department Heads shall attend the
meetings when directed by the City Manager.
714: 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 herein.
All votes of the City Council in any of the three methods require a majority vote of those
members present at a meeting for approval unless otherwise provided by these bylaws,
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 Council can act by resolution or by ordinance. Motions may be used to introduce
resolutions and ordinances, to amend them, and to take any other actions concerning
them. Motions may also be used for action on simple administrative acts, such as
approving the monthly department reports, 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 receives a majority vote of
those members present at the meeting unless otherwise provided by these bylaws, State
Statute or City 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 Council.
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 well-being, welfare and safety must be passed in
ordinance form. Ordinances may also be used to provide permanent rules for the
organization and operation of the City Council. Ordinances may be enacted upon a
motion and a second. A majority of the members present must vote in the affirmative for
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the ordinance to pass unless otherwise provided by these bylaws, State Statute or City
Code
806: An ordinance shall become effective upon passage and publication unless otherwise
specified in the ordinance. Consistent with State Statute the Council may authorize
publication of a summary of the ordinance rather than its full text. The Council, by
motion, must approve and authorize the proposed summary. Proof of publication shall
be attached to and filed with every ordinance.
807: All ordinances shall be reviewed by the City Attorney prior to presentation to the Council.
The ordinance format includes: title; number; enacting clause; the contents or body; the
penalty; the closing; the attestation, publication date and the effective date. The City
Manager will maintain a record of all ordinances and will be responsible for the Prior
Lake City Code and codification requirements. The Council may authorize the City
Manager to contract for codification services.
808: PROCLAMATIONS: Proclamations are used to show the City Council’s support for a
cause, person or organization. Proclamations may be 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 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.
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. If the speaker
intends to present written or hard copy materials to the Council, they
must provide 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
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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, 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.
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 nine
(9) 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 City Council as
part of their Council agenda package. The audio or visual
communication may be used by individual Council members in
preparation for the Council meeting, but will not be played during the
meeting. The presentation and the summary will become a part of the
public record. Generally, Council agenda packages are distributed to
members of the City Council on the Wednesday preceding the
meeting.
901.7 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 Council is going to deliberate and that
the Council 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. The presiding officer will request a motion to close the public
hearing or to continue the public hearing to a date and time certain.
901.8 Once the public hearing is closed, tThe City Council addresses the subject
matter through deliberation. The Council may ask questions of the staff and City
Attorney. Council members should refrain from calling upon a member of the
public except for limited, relevant information..
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901.9 Once deliberations are complete, the presiding officer requests a motion on the
matter at hand. There are two (2) possible motions, seconds and votes related
to the hearing:
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
public hearing is closed; or
A motion and second to continue the public hearing to a date certain. The presiding
officer, in consultation with the City Manager and Council members, shall select
and announce a time and date certain for the continued public hearing. No
additional publication or notice 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.e
901.10 If the public hearing has been closed, rather than continued, the City
Council may take action on the subject matter by separate motion or by
combined motion with the closing of the public hearing.
SECTION 1000:
COMMITTEE/TASK FORCE/WORK GROUP STRUCTURE
1001: TYPES OF COMMITTEES/TASK FORCES/WORK GROUPS
1001.1 Special City Council Task Forces. In order to balance effective administration
with the public interest, the Council may from time to time establish task forces
by designating two (2) Council members to consider a specific issue. Council
members will be appointed to the task forces on an annual basis. Task forces
established by the Council are generally established to deal with single
transactions or projects as they arise. The responsibilities of the task force are
limited to gathering information and making recommendations to the City Council
or City staff. A task force has no authority to filter information or make decisions
on behalf of the City Council. Examples of task forces of the City Council
include:
• Bylaws & Compensation Task Force
• City Manager Evaluation Task Force
• Annexation Task Force
• Special Assessment Task Force
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 City staff 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 Council members, City staff, and
members of the public. 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 group may not make decisions independent from the City
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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 group depending upon the subject matter.
These committees may include, for example:
• Water Treatment Plant Committee
• Tree Preservation Task Force
• Heritage Committee
• Snowmobile Task Force
• County Road 21 Advisory Committee
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 should 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 bylaws.
1001.3 Advisory Committees. The City Council may establish advisory committees to
monitor significant issues in the community of on-going concern. Advisory
committees are composed of citizen volunteers appointed by the City Council, or
a combination of citizen volunteers, appointed City Council members, and City
staff. Advisory committees are limited to making recommendations to the City
Council or City staff and have no authority to make decisions on behalf of the
City Council.
An advisory committee’s Bylaws reflect any unique circumstances applicable to
the committee. Amendments to an advisory committee’s bylaws are
recommended by the advisory committee for approval by the City Council.
Amendments shall not take effect until thirty (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, for example:
• 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.)
• Park Advisory Committee
• Lakes Advisory Committee
• Communications and Technology Advisory Committee
• Community Safety Advisory Committee
• Traffic Safety Advisory Committee
1001.4 A list of the Council advisory committees and members shall be maintained on
the City Website.
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1002: CITY COUNCIL LIAISONS TO CERTAIN ADVISORY COMMITTEES: Annually, the
City Council shall appoint at least one council member to serve as a liaison to the
Advisory Committees identified 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. The authority and involvement of
the liaison shall be established by each advisory committee’s bylaws.
A liaison may always testify or submit comments at a public hearing in their capacity as
a private citizen as long as they make clear at the beginning of their testimony or in their
written comments that they are speaking on their own behalf and not on behalf of the
Council.
1003: VACANCIES: When the term of an individual serving on a committee/task force/work
group identified in Section 1001 expires, the individual may apply to be reappointed if
they have not exceeded their term limits and they have met or exceeded the
performance standards. An individual seeking reappointment or an individual seeking to
be newly appointed by the Council must follow the steps set forth below for filling a
vacancy. A vacant position on any committee/task force/work group 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 individuals
may be encouraged to consider the position. The notice shall state the deadline
for submitting applications.
1003.2 Screening Committee. The City Manager or his designee, the City Council
liaison, the staff liaison, and one member of the committee/task force/work group
appointed by majority vote of the committee/task force/work group shall serve as
the Screening Committee. An individual subject to re-appointment may not sit on
the screening committee.
1003.3 Appointment - Economic Development Authority (EDA). The Screening
Committee for EDA vacancies shall narrow the candidates down to up to three (3)
finalists per vacancy. 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 by the Council and allowed to make a five minute presentation
regarding their qualifications and reasons for seeking the appointment. Members
of the Council may ask questions of the candidate, but the time used for questions
will not be counted against the candidates five (5) minute presentation. The Mayor
shall then appoint one of the finalists and the Council shall vote on approval. If the
Council does not approve the finalist appointed by the Mayor, the Mayor may
appoint one of the other finalists for Council approval or may reopen the vacancy
to the public for new candidates.
1003.4 Appointment - All Others. The Screening Committee for all other vacancies shall
interview all candidates who have applied for appointment or reappointment and
make a recommendation to the City Council. The recommendation of the
Screening 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 under the City Council’s direct
control that a council member is appointed to and serves as a representative of the Prior
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Lake City Council. These appointments should be distinguished from appointments to
serve as a Council liaison to the Planning Commission or a committee. A council
member appointed to serve as a member of such a committee, 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. The authority, committee or
commission shall determine if the appointed council member 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
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 only upon a motion, second, debate, and a four-fifths
(4/5) vote of the members of the Council unless otherwise provided by these bylaws,
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 Council member in connection with fulfilling their
duties to the City shall be 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.
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 Council member.
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• 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 Council members 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 Conditions. 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 Lodging. Reimbursable lodging costs for travel within the Midwest 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.
1203.3 Mileage. Mileage will be reimbursed at the IRS rate. If two or more Council
members are traveling together by car, only the vehicle owner will receive
reimbursement. The City will reimburse for the cost of renting an automobile, if
necessary, to conduct City business. City vehicles should be used for City
Council business in lieu of rental when available.
1203.4 Tips. Tips paid as part of meal 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
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
calls, rental of luxury vehicles, recreational expenses such as movies, golf,
shows, or concerts, or the costs associated with the attendance of a family
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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 improperly 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.
1302: CAMPAIGN FINANCE AND PUBLIC DISCLOSURE: Minnesota Statutes, Chapter 10A
(adopted as the Ethics in Government Act) 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 gift, including but not limited to
money, real or personal property, services, loans, mementos, food, beverages, or any
other favor or thing, regardless of value, from any interested person except as follows:
1303.1 a contribution as defined in Minn. Stat. Section 10A.01, Subd. 11.
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1303.2 services to assist an official in the performance of official duties, including but not
limited to providing advice, consultation, information, and communication in
connection with legislation, and services to constituents.
1303.3 services of insignificant monetary value.
1303.4 a plaque or similar memento recognizing individual services in a field of specialty
or to a charitable cause.
1303.5 a trinket or memento costing $5 or less.
1303.6 informational material of unexceptional value.
1303.7 food or a beverage given at a reception, meal, or meeting away from the
recipient's place of work by an organization before whom the recipient appears to
make a speech or answer questions as part of a program.
1303.8 received:
(1) because of the recipient's membership in a group, a majority of whose
members are not local officials, and an equivalent gift is given or offered to the
other members of the group;
(2) by an interested person who is a member of the family of the recipient, unless
the gift is given on behalf of someone who is not a member of that family; or
(3) by a national or multistate organization of governmental organizations or
public officials, if a majority of the dues to the organization are paid from public
funds, to attendees at a conference sponsored by that organization, if the gift is
food or a beverage given at a reception or meal and an equivalent gift is given or
offered to all other attendees.
1303.9 received in exchange goods or services of equal value.
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
official capacity shall not voluntarily have a personal financial interest in that sale, lease,
or contract or personally benefit financially therefrom. (Minn. Stat. Section 471.87)
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 possible,
preferably before the meeting; and
1306.2 The City Attorney shall determine whether a disqualifying conflict of interest
exists.
1306.3 Any council member shall orally inform the City Council of the potential conflict
and abstain from any participation in that agenda item if a conflict is determined
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 ensure that their decision will not be an arbitrary
reflection of their own selfish interests. There is no settled general rule as to whether
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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 ensure that the officials
will not act arbitrarily to further their selfish interests.
SECTION 1400:
CITY COUNCIL RECOGNITION
1401: COMMENDATION AND CENSURE: To the extent allowed 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 council member 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 4/5 vote and cannot be
reconsidered.
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APPENDIX A: TYPES OF MOTIONS AND PROCEDURES
The following motions will be available for use by the members:
1. Main Motion: An act to bring substantive proposals before the City Council for
consideration and action. After the motion is stated and seconded, the subject of the
motion may be deliberated and voted upon. Deliberation may take place by the Mayor,
Council, staff or the general public as long as the procedures for citizen input are
followed pursuant to 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 separatel y. Each section or idea that
is to be voted on separately must be acted upon through a separate motion, second,
discussion and subsequent vote. Any member of the City Council may request a motion
to be divided into two or more individual motions.
8. 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.
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9. Privileged Motion: These motions do not relate to pending business, but have to do
with special matters of immediate and overriding importance, which without any debate,
shall be allowed to interrupt the consideration of anything else. These motions can be
made at any time, even if another motion is being considered at the time, and they must
be settled or voted upon immediately. Motions to adjourn the meeting or take a recess
cannot interrupt a speaker, while a motion on a question of privilege or point of vote can
interrupt a speaker.
Privileged motions include:
Raise a Question of Privilege: Raising a question of privilege allows a member to make
a request or motion related to the rights and privileges of the members or an individual
members such as noise or temperature in the assembly room. The chair of the meeting
rules on questions of privilege.
• Recess: A motion to recess may be made by any member and if approved results in
a short intermission and then resumption of business.
• Adjourn: A motion to adjourn may be made by any member and if approved results in
the adjournment of the meeting.
10. Incidental Motion: These motions concern questions of procedure related to pending
business. Incidental motions can be made by any member of the City Council and are
taken up and decided immediately.
• 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 Bring a Question before the Council again. These motions allow the
Council to consider a question that has already 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.
Renew a Motion: If a motion is defeated it can be reintroduced at a future meeting.
The same or substantially same motion is introduced at a later meeting as new
business.
Notwithstanding Robert's Rules of Order, a motion to "lay on the table" shall be debatable.
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CITY OF PRIOR LAKE
COMMUNITY SAFETY ADVISORY COMMITTEE BYLAWS
Adopted November 17, 2008
Amended October 19, 2009
Amended January 3, 2011
Amended January 17, 2012
Amended January 13, 2014
Amended January 12, 2015
Amended January 11, 2016
Amended January 8, 2018
SECTION 100: PURPOSE
101: The purpose of the Community Safety Advisory Committee bylaws is to provide a set of
operating procedures for the Community Safety Advisory Committee, and to establish a code
of ethics and conduct.
102: The Bylaws shall be reviewed annually by the Community Safety Advisory Committee, and
any changes or amendments agreed to by a majority vote of the Committee shall be
recommended to the City Council for adoption at its annual meeting. The City Council
conducts its annual meeting at the first meeting in January of each year.
SECTION 200: STRUCTURE OF COMMITTEE
201: COMMITTEE CREATED: A Community Safety Advisory Committee is hereby created for the
City, its purpose to be of an advisory nature to the City Council and staff on issues related to
making Prior Lake a safe and healthy community.
The members of the Committee shall annually elect officers in accordance with the procedures
of paragraph 206 herein.
202: DUTIES OF THE COMMITTEE: The duties of the Community Safety Advisory Committee are
as follows:
1. Periodically review and recommend revisions to these bylaws.
2. Recommend safety activities and policies to the Council for implementation.
3. Act as experts to assist staff in the interpretation and implementation of community
safety matters.
4. Periodically establish priorities for incorporation into the 2030 Vision and Strategic Plan.
5. Promote the objectives of community safety in the most appropriate venues.
203: APPOINTMENT: The Committee shall consist of at least five (5) members and no more than
seven (7) members as determined and appointed by the City Council. Only residents of the
City who are at least 18 years old shall be considered for appointment provided, however, that
one member may be a resident who is less than 18 years of age. Said members shall serve
three (3) year-terms beginning November 1st and ending October 31st. The Committee shall
be representative of the citizens who live in Prior Lake. Committee members may serve
additional terms upon approval by the Prior Lake City Council, based upon satisfactory
attendance and participation, continued residence within the corporate limits of the City of
Prior Lake, and in accordance with the term limit policy established herein. Committee
members may be appointed at any time throughout the year. If a Committee member is
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appointed at any time other than the standard City appointment process in October, the
Committee member shall begin service immediately upon appointment and shall serve as if
appointed in the previous October, serving two full years and a partial year.
204: COUNCIL LIAISON: Annually the City Council will appoint a Council member to serve as a
Liaison between the Council and the Community Safety Advisory Committee. The role of the
Liaison is to act as a conduit and resource for information by and between the Council and the
Community Safety Advisory Committee and the Community Safety Advisory Committee and
the Council. The Liaison shall make periodic reports to the Council on the activities of the
Community Safety Advisory Committee. The Liaison shall communicate any Council input on a
particular issue to the Community Safety Advisory Committee. The Liaison shall not participate
in the discussion or deliberation of any matter pending before the Committee, except where
the Community Safety Advisory Committee is meeting in a study or work session. The
Community Safety Advisory Committee, at its discretion, may ask the Liaison whether the
Council has discussed the subject under consideration and the nature of the discussion. The
Liaison shall never use this occasion as an opportunity to communicate their personal position
regarding the matter under consideration.
A Liaison may always testify or submit written comments at a Public Hearing in their capacity
as a private citizen so long as they make clear at the beginning of their testimony or their
written comments that they are speaking on their own behalf and not on behalf of the Council.
205: VACANCIES: If an appointed member of the Committee resigns, is terminated, reaches a term
limit, or otherwise vacates a seat of the Committee, the Prior Lake City Council shall appoint a
replacement in the following manner:
1. Applications are solicited. A notice of the vacancy is made public and individuals may be
encouraged to consider the position. The notice shall state the deadline for submitting
applications.
2. Screening Committee. The City Manager or his designee, the City Council liaison to the
committee, the staff liaison to the committee, and one member of the committee
appointed by majority vote of the committee shall serve as the Screening Committee. An
individual subject to re-appointment may not sit on the screening committee.
3. Appointment. The Screening Committee shall interview all candidates who have applied
for appointment or reappointment and make a recommendation to the City Council. The
recommendation of the Screening 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.
206: OFFICERS: The Community Safety Advisory Committee shall elect from among its members a
Chair, and a Vice-Chair. The Staff Liaison shall serve as Secretary of the Committee.
1. Chair: The Chair shall be elected at the first meeting in November by majority vote of the
Committee members present at the meeting. The term of the chair shall begin in November
and run for one year. The duties of the chair shall include approval of meeting agendas,
presiding at meetings, and giving an accounting of its activities and any information the
Committee may consider relevant before the City Council annually or as directed
otherwise.
2. Vice-Chair: The vice-chair shall be elected in the same manner as the Chair and shall
perform the duties of the Chair in his/her absence. The vice-chair shall assume such other
duties as assigned by the chair.
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3. Secretary: The Secretary shall be responsible for recording and compiling a written
summary of all official activities of the Committee.
4. Vacancy: If the office of Chair or Vice-Chair becomes vacant, the Committee shall appoint
a replacement by majority vote of those members present at the next regular meeting, and
such election shall be for the unexpired term of said office.
207: TERM LIMIT: It is the policy of the Prior Lake City Council to impose a three term service
limitation for all appointed positions to the Community Safety Advisory Committee. The term
limit applies only to full three year terms. The purpose of the term limit policy is to encourage
resident participation on City advisory bodies and provide community members with the
opportunity to participate in their local government.
208: REMOVAL OF MEMBER: Any member of the Communication and Technology Advisory
Committee may be removed from office by a four-fifths (4/5) vote of the entire City Council for
reasons including but not limited to: (i) failure to attend a minimum of 75% of meetings; (ii)
failure to attend site visits/inspections; (iii) failure to review and understand agenda materials;
(iv) failure to participate in an appropriate and productive manner; (v) failure to continue to
meet any requirement set forth in Section 203; and (vi) failure to comply with any provision of
these bylaws or any federal, state or local rule or regulation.
SECTION 300: STATEMENT OF ETHICS
301: The Statement of Ethics is located in the City Council Bylaws Section 1300.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 improperly 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.
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.
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.
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.
302: CAMPAIGN FINANCE AND PUBLIC DISCLOSURE: Minnesota Statutes, Chapter 10A
(adopted as the Ethics in Government Act) is incorporated herein by reference. This policy
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shall be construed and interpreted in consultation with the City Attorney according to
Minnesota Statutes and case law.
303: GIFTS AND FAVORS: No public official shall accept any gift, including but not limited to
money, real or personal property, services, loans, mementos, food, beverages, or any other
favor or thing, regardless of value, from any interested person except as follows:
1. a contribution as defined in Minn. Stat. Section 10A.01, Subd. 11.
2. services to assist an official in the performance of official duties, including but not limited to
providing advice, consultation, information, and communication in connection with legislation,
and services to constituents.
3. services of insignificant monetary value.
4. a plaque or similar memento recognizing individual services in a field of specialty or to a charitable
cause.
5. a trinket or memento costing $5 or less.
6. informational material of unexceptional value.
7. food or a beverage given at a reception, meal, or meeting away from the recipient's place of work
by an organization before whom the recipient appears to make a speech or answer questions
as part of a program.
8. received:
(1) because of the recipient's membership in a group, a majority of whose members are not local
officials, and an equivalent gift is given or offered to the other members of the group;
(2) by an interested person who is a member of the family of the recipient, unless the gift is given on
behalf of someone who is not a member of that family; or
(3) by a national or multistate organization of governmental organizations or public officials, if a
majority of the dues to the organization are paid from public funds, to attendees at a
conference sponsored by that organization, if the gift is food or a beverage given at a
reception or meal and an equivalent gift is given or offered to all other attendees.
9. received in exchange goods or services of equal value.
304: 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.
305: 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 official capacity
shall not voluntarily have a personal financial interest in that sale, lease, or contract or
personally benefit financially therefrom. (Minn. Stat. Section 471.87)
306 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:
Advise the City Attorney of the potential conflict of interest as soon as possible, preferably before the
meeting; and
The City Attorney shall determine whether a disqualifying conflict of interest exists.
Any Committee member shall orally inform the Committee of the potential conflict and abstain from
any participation in that agenda item if a conflict is determined to exist.
307: 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 ensure that their decision will not be an arbitrary reflection of their
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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 ensure that the officials will not act arbitrarily to further their selfish
interests.
SECTION 400: CONDUCTING MEETINGS
401: REGULAR MEETINGS: All regular and special meetings shall be open to the public and shall
be noticed in In conformance with the Minnesota Open Meeting Law. all meetings of the
Committee are open to the public. Regular meetings shall be held on a minimum of a quarterly
basis during each calendar year at Prior Lake City Hall, 4646 Dakota Street SE, Prior Lake,
Minnesota. Regular meetings may be rescheduled, canceled or changed depending upon
unique circumstances and subject to the approval and consent of either the Chair or Vice-Chair.
402: NOTIFICATION: A schedule of all regular meetings shall be kept on file at the City Clerk’s
Office. Notice of all meetings shall be provided as required by the Minnesota Open Meeting
Law.
1. Unless extenuating circumstances exist, a copy of the notice, agenda and accompanying
materials shall be received by the Committee, staff and others designated by the
Committee, no later than three (3) business days prior to the next scheduled meeting
and no later than two (2) days prior to a special meeting.
2. Notice of any Public Hearing must be published as required by statute.
4032: SPECIAL MEETINGS: Special Meetings of the Committee may be called by the Chair or any
two (2) members of the Committee for the purpose of transacting any business designated in
the notice. Staff may recommend calling a special meeting, but must receive approval from
either the chair or two members of the Committee. Notice of a special meeting shall be
provided as required by the Minnesota Open Meeting Law. At such meetings, no business
shall be considered other than as designated in the notice.
404: AGENDA AND MEETING FORMAT: Business of the meeting will be conducted according to
the Agenda prepared by the Staff Liaison. A memo, report, or brief explanation of each agenda
item shall be included in the Committee agenda packet. The information provided by staff should
serve to inform the Committee of the subject matter under discussion. The information should
explain in detail the staff comments or work, or state that the staff will present the necessary
details and comments at the meeting. The meeting agenda will be prepared according to the
following:
1. Call to Order
2. Roll Call
3. Approval of Minutes
4. Hearings
5. Old Business
6. New Business
7. Announcements / Correspondence
8. Adjournment
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405: MINUTE PREPARATION. The Staff Liaison 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 Committee are the official
record of the meeting. The audio recording is intended to supplement the minutes for the
purpose of an "on the record review" in a judicial proceeding. A DVD 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:
1. All motions typed in capital letters.
2. List the names of the Committee Members after their vote on each motion.
The official minutes shall be prepared and presented to the Committee at the next regularly
scheduled meeting as part of the agenda packet. The text of the minutes shall consist of
official Committee business conducted while the Committee is in session. Any comments
made at a meeting that are made prior to the start of or after adjournment of the meeting, or
during any recess, shall not be made part of the minutes. The Committee shall review the
minutes and the presiding officer shall call for any additions or corrections. If an addition or
correction is presented, the change must be specific as to place, paragraph, and sentence, if
applicable. The official minutes shall be corrected to reflect the change.
Approval of the minutes requires a motion, second and a majority vote of the members present
at the meeting unless otherwise provided by these bylaws, State Statute or City Code.
Committee members 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.
The Staff Liaison is responsible for the maintenance and filing of the minutes.
1. The approved minutes shall be retained as a permanent record of the Committee
meeting.
2. The approved minutes of the past twelve months of Committee meetings shall be
available on the City Website.
3. All audio and DVD recordings will be retained in accordance with the City's data retention
schedule.
406: ROLES AT MEETING:
1. All meetings of the Committee 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 of Prior Lake encourages citizen attendance. Public attendance at meetings of
the Committee helps to develop a more enlightened, interested and participatory citizenry.
2. Any Committee member may recognize a member of the public for the purpose of asking
question(s) relating to the matter under consideration by the Committee. Members of the
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.
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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.
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. 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
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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.
8. The Committee addresses the subject matter through deliberation. The Committee may
ask questions of the staff and City Attorney. Committee members 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.
9. Once deliberations are complete, the presiding officer requests a motion. There are two
(2) 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 public
hearing is closed; or
• A motion and second to continue the public hearing to a date certain. The presiding
officer, in consultation with the Staff Liaison and the Committee, shall select and
announce a time and date certain for the continued public hearing. No additional
publication or notice are needed if a hearing is continued to a later specified date. No
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public hearing may be continued more than once without re-notice, publishing the
time, date, location and subject of the public hearing.
10. If the public hearing has been closed, rather than continued until a date certain, the
Committee may take action on the subject matter.
408: QUORUM AND VOTING: At each meeting a majority of all the members appointed (e.g. three
out of five, four out of six) shall constitute a quorum for the transaction of business.
The voting options available to the Committee when a vote has been initiated are: aye
(affirmative); nay (negative vote); and a qualified abstention. When a vote is to be taken, the
presiding officer shall first call for the ayes, then the nays, and if applicable, shall call for
abstentions. The votes of each member shall be recorded in the minutes. If a member of the
Committee is absent during a vote, the member’s vote for the official minutes shall read as
“absent”.
SECTION 500: MOTIONS AND RESOLUTIONS
501: The Committee may take formal action in one of two methods - motions or resolutions. All
motions in any form require a second unless otherwise stated below. All votes of the Committee
in any of the two methods require a majority vote for approval unless otherwise specified below
or prescribed by statute or City code.
502: MOTIONS: A motion is a matter of parliamentary procedure. Motions are a formal method of
bringing business before the Committee 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 Committee can act
by resolution. Motions may be used to introduce resolutions, 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 City Staff.
Every motion shall be stated in full and be reasonably understood, to the extent practical, before
it is submitted to a vote by the presiding officer.
503: RESOLUTIONS: Resolutions are normally used to reflect the Committee 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 received majority vote. The Staff Liaison will
maintain a record of all resolutions and will be responsible for the proper numbering and
execution of each resolution adopted by the Committee.
SECTION 600: SCOPE OF POWERS AND DUTIES
601: POWERS AND DUTIES: The Committee shall act in an advisory capacity to the Prior Lake City
Council and shall advise the City Council on matters identified in Section 100 or as assigned to
the Committee. The Committee Chair shall give an accounting of the Committee’s activi ties with
respect to its goals and objectives before the City Council. Additionally, specific powers, duties
and responsibilities may be assigned to the Committee upon approval of the City Council.
602: SUBCOMMITTEES: The Committee may divide its membership into subcommittee, as it deems
necessary to implement its goals and objectives.
SECTION 700: AMENDMENTS
701: AMENDMENTS: These bylaws shall be reviewed by the Committee annually. The Committee
may recommend revised Bylaws to the City Council for final approval.
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