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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
MEETING DATE:
AGENDA #:
PREPARED BY:
March 20, 2006
5H
Kelly Meyer, Assistant to the City Manager
AGENDA ITEM:
CONSIDER APPROVAL OF A REPORT FROM THE BYLAWS &
COMPENSATION COMMITTEE WITH RESPECT TO BYLAWS REVISIONS.
DISCUSSION:
Introduction: Annually the City Council appoints a subcommittee whose charge is to review
and make recommendations to the Council on updates to the City Council bylaws, and to
the bylaws of the Council's various advisory authorities. This year, Councilmembers
Erickson and Millar have been appointed to do this review.
Current Circumstances: The Committee met in a marathon session on January 30, 2006
from 5pm-9:30pm, and reviewed in detail each section of the City Council bylaws. There was
significant discussion on the structure of several areas including
· updating the committee structure section
· clarifying the conflict of interest section
· updating the public hearing format to conform with how the Council conducts its publiC
hearings
· clarifying the public forum procedures
· implementing an out-of-state travel policy as required by statute.
Conclusion: At the direction of the Bylaws & Compensation committee, staff revised the City
Council Bylaws which are attached in a marked up version so that Councilmembers can see
the proposed changes. At its March 6, 2006 regular meeting, the City Council considered
this item. Following discussion, the Council recommended additional changes to the
document under sections 207.1, 207.5, 207.7, and 1202.4. (struck, re-organized, orre-
formatted items are shown in blue, items in red are additions proposed which the Council
reviewed on March ()th. Items in areen are the reauested chanaes)
At that time, the City Attorney also asked for additional opportunity to review the bylaws. She
has now completed that review and made one addition as a reference under section 1300.
With no other requested changes, the bylaws are now being resubmitted under the Consent
Agenda for Council adoption.
ISSUES: There are no significant issues.
FINANCIAL IMPACT: The changes proposed are primarily procedural, and do not have significant financial
impacts.
ALTERNATIVES: 1. Motion and Second to Adopt the City Council Bylaws revisions as proposed.
2. Take no action to adopt the Bylaws and provide staff with additional direction.
RECOMMENDED MOTION: Alternative 1.
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
CITY OF PRIOR LAKE, MINNESOTA
MAYOR AND CITY COUNCIL
BYLAWS
Adopted on May 27, 1986
Revisions:
January, 1991
January, 1993
May, 1993
January, 1994
January, 1995
January, 1996
January, 1997
May, 1997
January, 1998
March, 1998
January, 1999
April 2000
October 2002
March 2006
FRANK BOYLES
CITY MANAGER
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TABLE OF CONTENTS
Section 100
Section 200
Section 300
Section 400
Section 500
Section 600
Section 700
Section 800
Section 900
Section 1000
Section 1100
Section 1200
Section 1300
Section 1400
Appendix A
Pace
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Regular, Special and Emergency Meetings
and Work Sessions
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Committee Structure
43
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Code of Ethics And Conduct
t6
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SECTION 100:
PURPOSE
101: Purpose of the Prior Lake City Council Bylaws is to provide the members of the City Council
with a set of operating procedures designed to guide them during the Council meetings, and
to establish a code of ethics and conduct.
102: The Bylaws shall be considered and adopted at the Annual Meeting of the Prior Lake City
Council. The Annual Meeting is the first regular meeting in January. Bylaws can be reviewed
and amended at any meeting other than the Annual Meeting. Any changes or amendments to
the Bylaws shall follow this procedure:
102.1 A motion to amend a specific section, subsection, paragraph, sentence, or line is
proposed.
102.2 A second to the motion is required.
102.3 Discussion on the Bylaws amendment occurs.
102.4 The vote is taken. A simple majority is required to pass the Bylaws at the annual
meeting. A super majority is required at any meeting other than the annual meeting.
SECTION 200:
REGU~R, SPECIAL AND EMERGENCY MEETINGS, AND WORK SESSIONS
201: Except as otherwise provided in the Minnesota Open Meeting Law, M.S.A., Section 471.705,
all meetings of the City Council, including regular, special, emergency, work sessions, and
adjourned meetings shall be open to the public.
202: REGULAR MEETINGS: The Prior Lake City Council regular meeting shall be held on the first
and third Mondays of each month commencing at 7:00 -p.m. All regular meetings shall be
held in the designated City Council Chambers. A Public Forum will be incorporated into the
regular meeting agenda following the adoption of the agenda. The Public Forum will last no
later than 30 minutes. The purpose of the Forum is to afford the public an opportunity to
address concerns to the Council. Items to be considered on the agenda OO\:HGcan not be
addressed at the Public Forum. Forum items are also restricted to City governmental topics
rather than as a mechanism for private agendas. Public Forums would beare included as part
of the regular meeting minutes and cablecast live.
When a regular meeting is projected to fall on an official holiday, the City Council shall
reschedule the meeting for the following business day. The City Council may consult with the
City Manager to determine the amount of business pending and decide by majority vote to
reschedule or cancel a meeting. The City Manager shall post notice and publish in the paper
the decision of the City Council to reschedule or cancel the meeting pursuant to the Open
Meeting Law. A City Council member shall inform the City Manager when an absence is
planned or pending prior to the meeting. The City Manager shall inform the members of the
City Council at the meeting that the member cannot be in attendance at the meeting.
203: SPECIAL MEETINGS: Special Meetings may be called by any two (2) members of the City
Council. Written notice shall be given to each member of the City Council of the time, place
and purpose of the meeting. The notice shall be delivered to the member or a responsible
person at the member's residence at least three days in advance of the meeting. (See City
Code Section 1 5 ~.05.200) Notice shall be posted at City Hall-and provided to any member
of the public or news media who have requested notification in writing.
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204: The agenda for a regular meeting will be prepared by the City Manager and shall be available
the Wednesday before the following Monday meeting, except in the event of a holiday during
agenda preparation week in which case the agenda will be available on Thursday. The
agenda shall include the items set forth in Section 400 - Meeting Agenda Format and Consent
Agenda. Copies of the agenda, supporting documentation and minutes from the previous
meeting shall be made available to the public:
203.1 Once the materials have been delivered to the Councilmembers.
203.2 A copy of the agenda materials will aJ.se-.be available in the Council Chambers
for public inspection at the time of the meeting.
203.3 Agenda materials will also be available on-line through the City's website on the
Thursday preceding the City Council regular meeting.
205: EMERGENCY MEETINGS: The Mayor or City Manager may call an emergency meeting.
Notice of the emergency meeting shall be given by either telephone, fax or written notice to
members of the City Council. Notice shall be provided to each news medium and individual
which has filed a written request for notice. Posted or published notice of an emergency
meeting shall not be required. An "emergency" meeting is a special meeting called because of
circumstances that require immediate consideration by the City Council.
206: WORK SESSIONS: The City Manager may schedule work sessions subject to Council
approval. The purpose of the work session is to afford the City Council, City Manager and City
staff the opportunity to discuss policy matters in a more informal environment. Public input will
not be allowed unless specifically scheduled in the agenda. The work session may be
canceled at the discretion of the City Manager.
207: CITY COUNCIL FORUM: A City Council "Forum" shall be scheduled at 7pm as part of each
City Council meeting. The Forum shall not exceed thirty (30) minutes. No individual
presentation shall exceed ten (10) minutes. If more than three (3) persons desire to speak, the
time allotted for each presentation shall be reduced equally to stay within the time limit. To be
recognized, individuals who desire to participate in the Forum shall use the sign-up sheet
provided outside the City Council Chambers. The sign-up sheet shall be available at 5:30pm.
The Forum is provided as an opportunity for residents, business owners and property owners
of Prior Lake to address the City Council on any subject that is of community interest, provides
information required by the Council to complete its duties, or are provided by agencies
representing citizens of Prior Lake.
207.1 Every individual who addresses the Council at the Forum must first be recognized by
the presiding officer and then shall state their name and address before beginning any
comments. The city manager shall be the time keeper for the Forum so that each
speaker receives an appropriate amount of time.
207.2 No Council action may take place during the Forum. However, Councilmembers may
express their views or reaction to a presentation and may ask questions of the
presenter.
207.3 At the conclusion of the Forum, the Council may, by motion and majority vote, indicate
its interest that the subject matter of a Forum presentation be placed on a subsequent
City Council agenda.
207.4 Items to be considered on the agenda ooWG-may not be addressed at the Public
Forum. Forum items are also restricted to City governmental topics rather than as a
med~snisr.1platform for private agendas.
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207.5 If any Councilmember deems that the comments are not germane to issues within the
purview of the City Council, the Councilmember may request the presiding officer to
request the speaker to yield the podium. Further, any Councilmember may object to
the request of the presiding officer to ask a speaker to yield the podium, in which case,
the presiding officer shall put the matter to a vote of the Council.
207.6 Public Forums would beare included as part of the regular meeting minutes and
cablecast live.
207.7 As the presiding officer, the Mayor shall have the authority to adjourn the public forum
if there is a breach of decorum.
SECTION 300:
ANNUAL MEETING
301: The first regularly scheduled meeting in January shall be referred to as the annual meeting.
Regular business may be conducted at this meeting and the following organizational business
is required unless deferred by the Council for a specific reason.
301.1 Swear in newly elected officials, if applicable.
301.2 Elect Acting Mayor. At its first meeting each year the Council shall choose an
acting mayor from the Councilmembers. 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.
301.3 Appoint the Official newspaper.
301.4 Designate the Official bank.
301.5 Designate the Equalization Committee.
301.6 Appoint the Fire Chief/Assistant
301.7 Appoint an Auditing Firm.
301.8 Appoint a Fiscal Consultant.
301.9 Designate a Civil Defense Director
301.10 Designate a Health Officer
301.11 Appoint Council Members to serve as Liaisons to the various City Advisory
Committees
301.12 Approval of City Council Appointed Committee Bylaws and Procedures.
301.13 Approve City Council Bylaws.
301.14 Designate an Animal Control Officer.
301.15 Adopt the Yearly Fee Schedule.
301.16 Appoint the Special Assessment Committee.
SECTION 400:
MEETING AGENDA FORMAT AND CONSENT AGENDA
401: Business of the meeting will be conducted according to the agenda prepared by the City
Manager. The City Manager will prepare an agenda that follows this order:
401.1 Call to Order and Pledge of Allegiance
401.2 Public Forum
401.3 Approval of Agenda
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· The City Council may, by motion, change the order an item is to be considered on
the agenda except those it may not begin a public hearing before the time
specified in the public notice.
4~1.J Public Forum
401.4 Approval of Minutes
401.5 Consent Agenda
· With the adoption of these Bylaws, a Consent Agenda is created. The purpose of
the "Consent Agenda" is to group items of a routine and non-controversial nature
for consideration under one motion. There will be no separate discussion of items
placed on the "Consent Agenda". If discussion of an item on the "Consent
Agenda" is desired, any member of the Council can request that item must 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, or any other item the City Manager considers routine and non-
controversial.
· The City Council Agenda sheet shall include the following statement:
"Those items on the Council Agenda which are considered routine and non-
controversial are included as part of the Consent Agenda. Items may be removed
from the Consent Agenda at the request of any Councilmember or the City
Manager.
401.2 Removed Consent Agenda Items
4C1.~ Public Hsarir.gs
4C1.1101.3Presentations
. The City Manager may schedule presentations before the City Council giving
preference to presenters and topics which relate to City governmental business.,
Presentations are not action items.
401.4 Public Hearings
401.5 Old Business
401.6 New Business.
401.7 Other Business - Including Community Events and Councilmember 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.
401.8 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.
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402.1 If a member of the public requests to appear before the City Councilor 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.
402.4 The City Council maintains final authority to approve, disapprove or modify the
agenda.
403: The presiding officer may call a recess at any time during the meeting. Except for recesses for
executive sessions, 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.
SECTION 500:
QUORUM AND VOTING PROCEDURES
501: At each meeting a majority of all the members elected (3 out of 5) shall constitute a quorum
for the transaction of business.
502: The voting options available to the City Council when a vote has been initiated are: aye - an
affirmative vote; nay - a negative vote. A Councilmember may abstain only when they have a
disqualifying conflict of interest.
503: 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
6G3.1 prspar:: a \witter. s~atement describing ths r.1E:1ter requiring 3ction or decisif:n cma.-tAe--
nature of the poten~isl sf:nflist-f:f ir.tSfest; ana
504: 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:
603.2 deliv=r a ~opy of the statement to the presiding officer.
504.1 advise the City Attorney of the potential conflict of interest as soon as possible,
preferably before the meeting; and
604: If a ;:ate:l~ial ~onflict of interest presents itself sno there is insufficient kr.e-te-Ge-.'T1;:ly with
cbuse 503.1, the ;:b~lic or loc31 offi:i::1 :l:bst orally inform the City Council of the potenti::1
conflict. MN Stst. (;h. 1 GA:-G-7, SbES. 1.
504.2 The City Attorney shall determine whether a disqualifying conflict of interest exists.
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504.3 Any Councilmember shall orally inform the City Council of the potential conflict and
abstain from any participation in that agenda item.
505: 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 insure that their decision will not be an arbitrary reflection of their
own selfish interests. There is no settled general rule as to whether such an interest will
disqualify an official. Each case must be decided on the basis of the particular facts present.
Among the relevant factors that should be considered in making this determination are: (1)
nature of the decision being made; (2) the nature of the pecuniary interest; (3) the number of
officials making the decision who are interested; (4) the need, if any, to have interested
persons make the decision; and (5) the other means available, if any, such as the opportunity
for review, that serve to insure that the officials will not act arbitrarily to further their selfish
interests. Lenz '.'. Coon Creek VV:Jtershed Dis~., ~~nn. at 1,152 N.\\l;2s::t ~a9 (1967).
506: When a vote is to be taken, the presiding officer shall first call for the ayes, then the nays. The
votes of each member shall be recorded in the Minutes. If a member of the City Council is
absent during a vote, the member's vote for the official Minutes shall read as "absent".
507: Three votes shall be necessary for approval of any ordinance unless a larger number is
required by statute. A majority vote of a quorum is necessary for the approval of all general
motions and resolutions.
508: When a question is put by the presiding officer, every member present shall vote; unless the
Council, for special reason, shall excuse a member prior to the calling of the vote or a conflict
of interest prohibits a member from voting. If a member abstains from voting based upon a
conflict of interest, the Councilmember must advise the presiding officer of the nature of the
conflict. A vote dealing with a special assessment which affects a Councilmember's property
shall be considered a disqualifying interest. Otherwise, any Councilmember, who being
present when his or her name is called fails to vote upon any then pending proposition, shall
be recorded as having voted in the affirmative.
509: Voting Procedure: An agenda item shall be put before the City Council for its consideration
and vote in the following manner:
509.1 The City Manager introduces the agenda item and provides the City Council with a
description of the item and the action requested of the Council.
509.2 The City Manager or any Councilmember may call upon City staff to describe an
agenda item or to provide additional information.
509.3 Discussion of the agenda item by the Council requires a motion and second to formally
put the matter before the Council.
509.4 Councilmembers may, at this point, ask questions of staff, present their views and
engage in a dialogue with other members of the Council.
509.5 After discussion concludes, the presiding officer shall call for a vote on the matter
pending.
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 when available video tape recorded and
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noted by the Executi'.'e Secretary Administrative Assistant. The minutes of the meeting as
approved by the City Council are the official record of the meeting. The tape recording is
intended to supplement the minutes for the purpose of an "on the record review. (8'::anson v.
City of Bloomingten, 1:21 ~JW 2nd 307 (1988)." in a judicial proceeding. The following two
requirements for "Minute" preparation shall be adhered to:
601.1 All motions typed in capital letters.
601.2 List the names of the City Council after their vote on each motion.
602: The official Minutes shall be prepared and presented to the City Council at the next regularly
scheduled meeting as part of the agenda packet. The text of the minutes shall consist of
official Council business conducted while the Council is in session. Any comments made at a
meeting that are 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 tAem--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. Councilmembers 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 Written minutes will be retained as a permanent record either in paper, on
microfilm, or in a digital format,. available on-line through the City's website.
604.2 All audio and video tape proceedings will be retained in accordance with the
City's data retention schedule. Video and audio tapes may be viewed/heard at
City Hall during normal business hours. Original video afH:j ::~9iG--tapes will not
be lo~:med s~t. Copies/dvds may be r-:!)t::ined through the City. loaned out after
the cable re-broadcast of the meeting is completed on a first-come, first-served
basis. Parties requesting copies of video tapes/dvds must provide a blank
tape/dvd to the City who will make the copy as time and technology permits.
Audio tapes will not be loaned out.
604.3 Copies of t~j:)e&-sr :r.i:-:utes ('lEXsef.:r.)Verbatim copies of audio tapes, if
available, may be obtained from the City for a fee consisting of actual costs
incurred (materials I labor).
605: A verbatim transcript request of all or any part of a meeting may be requested by a member of
the general public. A fee for the -transcript -shall -consist of the actual costs for preparing
such transcript, e.g., hourly wage, fringe benefits, copying and mailing costs unless the City
has, for its own purposes, previously prepared a verbatim transcript, in which case the
individual 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.
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702: Obiections to recessino the reoular meetino into Executive Session. Any individual desiring to
object to the Council's adjournment into an executive session shall do so in the following
manner. This process is included in the bylaws to give individuals or organizations standing
without disruption of any regular meeting. Any comments made at a meeting that are ruled out
of order by the presiding officer shall not appear in the minutes.
702.1 The objection shall be made in writing providing the basis or legal authority for
the objection, together with the name, address and phone number of the
objector.
702.2 The written objection must be tendered to the City Manager within one
business day of the alleged violation.
703: Any Councilmember 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.
704: Members of the Council may also ask questions of Staff in order to clarify their understanding
of the relevant information necessary to make an informed judgment. In preparation for
Council meetings, Councilmembers may want to consider contacting the City Manager, in
sufficient time prior to the meeting, to advise the question they intend to ask in order for the
City Manager to attempt to bring the additional information to the Council meeting.
705: Members of the general public, interested parties or their authorized representatives may
address the City Council by written communications in regard to matters under discussion.
Written communications may be read aloud at the meeting at the discretion of the presiding
officer, if so requested -by the author or a member of the City -Council. In any case, the
written communication shall become part of the record. The communication(s) may be read by
the presiding officer or his/her designee. If the communication is lengthy, the presiding officer
may summarize the content and advise that the full text of the communication will be part of
the record and available to the public for review.
706: The presiding officer has the same voting powers as do the Councilmembers. The presiding
officer may vote whenever a vote is taken and he/she does not have any extra voting powers
if the vote results in a tie, except as may be authorized by state statute.
707: The Mayor shall be the presiding officer at all meetings. If the Mayor is absent, the
ActingOeputy Mayor shall preside at the -meeting. If in the event the Mayor and Acting Mayor
are absent, the City Manager shall call the meeting to order and preside -until -such time
the City Council elects among itself a member to preside at the meeting.- The presiding
officer,- at all times, shall be allowed to vote in the same manner as all other Councilmembers.
708: The presiding officer has two unique powers: (1) interpreting and applying the rules of
procedure; and (2) recognizing speakers from the audience.
709: The presiding officer is responsible for maintaining order at the meetings.
710: The presiding officer shall recognize all speakers from the audience, except when a member
of the Council has the floor and they expressly recognize a member of the audience to
answer questions relating to the issue under consideration.
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711: The presiding officer has the responsibility to facilitate discussion by the City Council. This
may occur in a variety of ways, including:
711.1 Interpret and apply rules of procedure.
711.2 Decide whether motions are properly made.
711.3 Decide whether motions are in order.
711.4 Decide whether questions of special privilege ought to be granted.
711.5 Decide when to recognize speakers.
711.6 Call for motions or recommend motions.
711.7 Expel disorderly persons from the meeting.
711.8 Enforce speaking procedures.
712: One member of the Council shall serve as AGtiR9Deputy Mayor elected by the Council at the
Annual Meeting. The AGtiR9Deputy Mayor shall preside at all meetings when the Mayor is
absent from the meeting assuming responsibilities as set forth above. In the absence from the
City or disability of the Mayor, or where the Mayor is known to be unreachable and there is an
urgency to executing the document, the AGtiR9Deputy Mayor may execute documents on
behalf of the City.
713: All members of the City Council may make and second motions, participate in discussions
and vote whenever a vote is taken.
714: As individuals, Councilmembers have no administrative authority. When acting as a Council,
however, the legislative body has authority over the appointed City Manager.
715: The City Manager shall attend all meetings of the City Council with the right to take part in
the discussions, but not to vote. In the absence of the City Manager, the Assistant -to the
City -Manager -or designated department -head -shall -serve -as -the -City Manager's
representative at the meeting.
716: Department Heads may attend all meetings. Department Heads shall attend the meetings
when directed by the City Manager.
717: A memorandum -report -or brief -explanation of each agenda item shall be -included in the
materials that accompany the agenda. The information provided by Staff should -serve to
inform the -City- Council on the subject matter under discussion. The information should
explain in detail -the Staff comments or work, or state that Staff will present the necessary
details and comments at the meeting. If an 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
- -
801: The City Council may take formal action in any of three methods - motions, resolutions or
ordinances. All motions in any form require a second unless otherwise stated below. All
votes of the City Council in any of the three methods require a majority vote for approval
unless otherwise specified below or prescribed by statute.
802: Motions: A motion is a matter of parliamentary procedure. Motions -are a formal method of
bringing business before the Council -and -for -stating -propositions -on -which -a decision will -
have to be made.- It also can be used in the form -of -a -proposal -so -that -the City Council
11
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, to the extent practical,
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 received majority vote. 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 $25,000 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 and must -
receive -at -least three favorable votes to be passed, unless a larger vote is required by State
law or these Bylaws.
806: An ordinance shall become effective upon passage and publication unless otherwise specified
in the ordinance. Consistent with State Statute the Council may authorize publication of a
summary of the ordinance rather than its full text. The Council, by motion, must approve and
authorize the proposed summary. Proof of publication shall be attached to and filed with every
ordinance.
807: All ordinances shall be reviewed by the City Attorney prior to presentation to the_Council. The
ordinance format includes: title; number; enacting clause; the contents or body; the penalty;
the closing; the attestation, publication date and the effective date. The -City Manager will
maintain a record of all ordinances and will be responsible for the Prior Lake City Code and
codification requirements. The Council may authorize the City Manager to contract for
codification services.
808: These Bylaws shall govern the procedures of the Prior Lake City Council immediately upon
adoption. If an issue is raised 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 or promptly thereafter a member of the Council raises a parliamentary
objection and advises the Council of the particular rule which was not observed.
SECTION 900:
PUBLIC HEARING FORMAT
901: Public Hearings shall be conducted in the following manner:
12
901.1 The -presiding -officer -GaUsannounces the Public Haurir.g to orde:- ::r.d the City
Manager notes the ti:-:-:e of opening. public hearing.
9GM901.2It is the intent of the City Council to open all public hearings i*0m~I~Lat 7:~30
pm, or as soon as possible thereafter. From a practical standpoint not all hearings can
be opened at their designated time. The presiding officer may delay the start of a
hearing until the business at hand is acted upon, in any manner, by the City Council.
However in no circumstances can a hearing be opened prior to the predetermined and
published time.
9C1.~ Ths: ;::-esiding offic::r :hc:lI read from the h::ari~g notice the '2Is:tails on the hs:a:-ir.g--
sufficient ts provide the pl.::li: a generc:ll.:nderstanding sf the purpose sf the--R€aring-,.
~ Ths: ;:residing officer announcs:s the type of inpb.'-t to be received by the citizens
ffifGrmal 9f--fsrmal including tims: li::nits, if ar.~t,.
9C1.1 S~c:ff ~::ks:s a presentation or report sn ~he Slo:tject r.1a~teH:r tl=:e hearing.
9C1.a If ap~i:a:le, the developer or conclo:ltir.g engineer m::kcs :: I3resentation or report on
tAa sbl:jest mc:ttef:-
901.3 Staff and/or a consultant makes a presentation or report on the subject matter for the
hearing.
901.4 The presiding officer asks City Council members if they have questions of the staff or
consultant, if any.
901.5 The presiding officer requests a motion and second to open the public hearing..
901.6 The presiding officer asks for citizen input, comments and questions.
901.7 After all persons have been heard, the presiding officer requests a motion to
1. close the public hearing and the Council votes on the motion. Once the vote
is taken, the hearing is closed for the record, or
2. continue a public hearing. If the City Council votes to continue the hearing,
the presiding officer, in consultation with the City Manager and City Council,
shall select and announce a time and date certain for the continued public
hearing. No additional publication or notice requirements are needed if a
hearing is continued to a later date. However, no public hearing may be
continued more than once without re-notice and publishing the time, date
and location of the hearing.
9().f.,1901.8The City Council addresses the subject matter through deliberation, questions to
citizens and Staff, and reactions and statement of position on the subject.
9C1.8 The presiding officer reques~s a r.100Gn ts slese-If the public hearing and the Council
wtes-sn ~he motion. Once tho vote is takeRclosed, the City Mar.::g::r st:te&-tRe ti:lle-
the hearing is closed for the record.
~ The City Council mc:y continus: c: ;:1.::lis-R€aring. If the City Council vots:s ~s sen~inl:l&-
the hearing, the l3:-esiding officer; in :~~slo:ltatioo-with the City Manags:r ana-Gity-
Council, shall select ana ar.~= c: ~ime and dote certain for the continued public
Rearing. No additisnc:l ;:lo::lication sr r.otice requirementc are needed if a I=:eari~g is
13
continued to a later date. Howe'/or, roo public h~e:ring me:y be continued more ~he:R-
once without r€ r.e~ice ::md publishing the ~ima,-Gate ar.::Ilocotion of tho haarin~
9Q1.1 Q901.9The City Council may take action on the subject matter.
SECTION 1000:
COMMITTEE STRUCTURE
1001: The existing Tvoes of Committees of the City Counsil eF:::1 their re!i)l::l=t~. ;:xcvfsioos e:re--
as follo'....s:
1001.1 Special City Council Subcommittee. The Council may from time to time
establish special Council subcommittees by designating two members to a specific issue.
Special committees appointed by the Council are generally established to deal with a single
transaction or project. The membership of the committee does not extend beyond the City
Council members and staff liaisons. The work of a special subcommittee should be limited to
special policy problems. The committee shall make recommendations to the Council, but may
not make decisions on behalf 0 the Council. The Council's final decision, not the committee's
recommendation, binds the City. A special City Council subcommittee will be required to
provide status reports to the Council as requested. These committees include, for example:
· Bylaws & Compensation Committee
· City Manager Evaluation Committee
· Annexation Task Force
· Special Assessment Committee
· Downtown Redevelopment Committee
· City Hall! Police Station Building Committee
· Fire Station II Building Committee
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 on a particular issue or subject matter. The work groups shall consist of as many
members and perform such duties as the City Council may require. Generally, members of the
work groups include up to two Council members, City staff, and members of the public. Work
groups may only exercise those duties assigned to them by the City Council (conduct
investigations, make reports on facts, interview individuals, gather information and/or public
input). The work groups may not make decisions delegated to the City Council by statutory
authority. Work groups will be required to make periodic reports to the City Council on their
progress. Work groups shall be established by the City Council by motion, resolution or
ordinance. These committees include, for example:
· Water Treatment Plant
· Tree Preservation Committee
· Heritage Committee
· ComputerslTechnology Committee
· County Road 21 Advisory Committee
1 DC 1 .2
Planning Advisory Commission: City Code
... The-P~anni:1g-GemTi.-:€ien ~as l3eeA-e€~a:Y.shed by t~e:~U~9fY-
authority and tha €troo~b:re:1 sem~esiti=n e:nG-Gommission rules 3re
set forth in the City Code.
Pork I\dvisory CSr.1mittee: City Couns~1 e:::Iopted Bylo'::s.
14
4001.1
4OC1.3 Leke Advisory C=mmittee: City Counsil adopted Bylaws.
1001.3 Advisory Authorities. The City Council may also establish advisory authorities
to monitor significant issues in the community of on-going concern. Advisory Authorities shall
adopt bylaws to govern the conduct of the Authority. Advisory Authorities are composed of
citizen volunteers appointed by the City Council, or a combination of citizen volunteers and
City Council members. The number of members and terms of appointment are set by the
individual Advisory Authorities through their bylaws. Bylaws shall be forwarded to the City
Council for its approval or amendment at its first meeting of each year. After the Council
adopts an Advisory Authorities bylaws, the City Council on its own initiative may adopt further
changes to an Advisory Authorities bylaws at any time; however, such amendments shall not
take effect until sixty (60) days after their passage. At any time during the year, the Advisory
Board can propose amendments to its bylaws. The Council shall act on the proposed
amendment.
Advisory Authorities shall meet annually with the City Council in a workShOp to discuss goals
and objectives, mutual concerns or questions and other business as appropriate. Meetings
between the Council and advisory authorities may occur on a more frequent basis if needed.
Advisory authorities must also report at least annually to the City Council. Advisory authorities,
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
· Lake Advisory Committee
· Communications Advisory Committee
· Senior Citizen Advisory Committee
· Economic Development Committee
1002 City Council Liaisons to Certain Advisorv Authorities. Annually, the City Council shall appoint a
City Councilmember to be a liaison to the Planning Commission, Park Advisory and Lake
Advisory. No Councilmember shall serve as a liaison to the same Advisory Committee for
more than one consecutive year. Councilmembers appointed as liaisons to an advisory
authority shall not have voting privileges on the advisory committee.
1003: Committee Vacancies: Citizen vacancies in the City Council's Research Work Groups or
Advisory Authorities shall be filled in the following manner:
1003.1 Applications are solicited. A Notice of the vacancy is made public and
individuals may be encouraged to consider the position.
1003.2 The City Manager or his designee, the City Council member who has been
appointed as the liaison to the advisory authority, or who has been appointed to serve on the
work group, and the committee chair (unless the appointment is the committee chair
appointment or re-appointment, or in the case where the work group is newly established and
no chair has been determined) shall interview all candidates and make a recommendation to
the full City Council. No person will sit on any advisory authority, work group or committee
charged with the selection of the successor for that person.
1003.3 The recommendation of the interview panel shall be presented to the City
Council and the Council may accept or reject the recommendation. If the recommendation is
rejected, the City Council shall appoint another individual or decide to reopen the vacancy to
the public for new candidates.
15
1004 Citv Council Role on Other Committees or Authorities There are certain authorities,
committees and commissions where a Councilmember is appointed and serves as a
representatives of the Prior Lake City Council. A Councilmember appointed to serve on a
committee, commission or authority shall provide the City Council with periodic reports on the
activities of the committee, commission or authority. The Councilmember shall exercise
judgment as to whether more frequent reporting is necessary. The authority, committee or
commission shall determine if the appointed Councilmember has voting authority in
connection with its governing authority. Other Committees or Authorities on which
Councilmembers currently sit, include for example:
· Parks, Athletics and Recreation Task Force
· Orderly Annexation Board
· Transit Review Board
· Economic Development Authority
SECTION 1100:
SUSPENSION OF RULES
1101: Such other rules that the City Council deems appropriate may be enacted. All matters of
procedure not specified herein shall be governed by the City Code, State Statutes, or
Federal Laws, whichever is applicable to the procedure in question. The rules herein may
be suspended upon a motion, second and debate, and a 4/5 (80%) vote of the members for a
speCific meeting only.
SECTION 1200:
TRAVEL & REIMBURSEMENT FOR EXPENSES
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.
1201 General Conditions:
~()1.1 12C1: The fOllo'....ing r=d~~a~ions will gove:-~ ::11 t:-avsl, r:1i1e3ge 3nd meal
fe~::r::I3~:-sement expensea in ~he conduct of offi~~al Geoo~il !:~siness;.
1201.1 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.
1201.2 R=i::r::~ursem€n~ f~r meal: ar.s pc::r~g c::rs in~ended to refund 3tt~c::1 oosts-
ffi~~rred. .'\. recsi~ is required fs; :-ei::r::l3~rsement for eash. No 31coholic bevorage
is eligible for reimbursement.
1201.2 Attendance at and reimbursement for events, workshops, conferences or meetings
within the Minneapolis-St. Paul metropolitan area do not require advance approval
by the City Council as long as the costs for attendance are within the approved City
Council budget.
16
~~1.2 ~~i:l':eb:-semsnt fsr tn:vel, othe:- then mileage 3re i~tanded to refund 3stbal
ooctc i~ell;-;-ad. A receipt is required fer rei:l':=l:.IfSeffisn~: fs:- =ir:f3re, lodging er.a-
any :Jpplis-able registr:Jtion f-ee. Rei::F.~b:;-seme:-'!.€ ~sr ta}(ie :r.L:ct ~a itemized as
*em" end "to" 'Nhen ps:s:9Ie,.
1201.3 Attendance at and the traveling budgets for events, workshops, conferences or
meetings conducted out-of-state, or that require overnight accommodations, must
be authorized in advance by the City Council at an open meeting.
~Q1.1 Mileage rair.1=blrsements mb::t =a--aGGs::F.;:=Riee ~,. er. ite:1='r:=ea li:t-:ng-d the d3te,
and ths ~l::...;:ose for the t:-i;:. f\~s ra1e will be c6~sistent with ths rete offered to
City employeas whis,'1 is established :Jccording to the Federal ~ta:19afGs.:.
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.
· 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 city 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.
1201.4
1201.5
Payment fsr any eligible rei:l1=l.:rseble expenses Sh311 be meae-a.ftsr ~;:proval
by the City Council ef....tRs invoices wt:is,"": sentairr: the expenses :te:ni:::eG-within.
Councilmembers attending --seminars sr conferencesevents at City -expense -are
expected to provide the Council with a summary of the meeting.
1201.6 All expenses insl::rred by () Councilmember in connection '.'lith fulfilling their dutias shall
be reimb~r:3s\e;-
1201.6 No reimbursements will be made for attendance at events sponsored by or
affiliated with political parties.
1201.7
1201.8
1201.9
The City must have sufficient funding available in the budget to pay the traveling
expenses for the event.
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.
Reimbursement of expenses is intended to refund the actual costs incurred and
must be in accordance with the provisions of section 1202 herein.
1202 Reimbursement Reauirements: 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 Guidelines. A receipt must be submitted
for reimbursement of all costs.
17
1202.1 Meals. Daily or event specific reimbursable meal costs are limited to $15.00 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.
1202.2 Lodging. Reimbursable lodging costs for travel within the Midwest 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.
1202.3 Mileage. Mileage will be reimbursed at the IRS rate. If two or more Council
members are traveling together by car, only the driver 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.
1202.4 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.
1202.5 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.
1202.6 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 member or
person unauthorized to attend the event on the City's behalf.
1202 Exceotions to Policv. Any exceptions to this policy must be approved by the City Council at an
open meeting.
1203 Amendments to Polic'{. This policy will be reviewed annually consistent with the review by the
City Council Bylaws & Compensation Committee of the City Council Bylaws. Any amendment to this
policy will be consistent with the procedure for amending the City Council Bylaws.
SECTION 1300:
CODE OF ETHICS AND CONDUCT
1301: Declaration of Policy: The proper operation of democratic government requires that the
public has confidence in the integrity of its government. In recognition of this goal, there is
hereby established a Code of Ethics and Conduct for public officials. The purpose of this
Code is to establish ethical standards of conduct for all such officials by setting forth those
acts or actions that are incompatible with the best interests of the City, and by directing
disclosure by such officials of private, financial or other interest in matters affecting the City.
The provisions and purpose of this Code and such rules and regulations as may be
18
established are hereby declared to be in the best interests of the City.
1302: Ethics in Government: Minnesota Statutes, Chapter 10A, Ethics in Government, is
incorporated herein by reference. This policy shall be construed and interpreted in
consultation with the City Attorney according to Minnesota Statutes and case law.
1303: Gifts and Favors: No public official shall accept any valuable gift, favor or thing of value,
regardless of amount whether in the form of money, service, loan, thing or promise from any
person which to the official's knowledge is concerned, directly or indirectly in any manner
whatsoever in business dealings with the City.
1304: Use of Equipment and Facilities; No public official shall request or permit the unauthorized
use of City-owned vehicles, equipment, materials, property, labor or services for personal
convenience or profit.
1305: Conflict of Interest; Refer to Section 500.
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 a 4/5ths 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 admonishment for failure to conform with
any provisions of these bylaws, state statute, violation of confidentiality or attorney-
client privilege, or other acts considered to merit reprimand by the City Council.
19
APPENDIX A: TYPES OF MOTIONS AND PROCEDURES
The following motions will be available for use by the members:
1. Main Motion - An act to bring substantive proposals before the City Council for
consideration and action. After the motion is stated and seconded, the subject of the
motion may be deliberated and voted upon. Deliberation may take place by the Mayor,
Council, Staff or the general public as long as the procedures for citizen input are followed
pursuant to Section 7.B of these Bylaws.
2. Amend Main Motion - A main motion that is being deliberated and has not been voted
upon may be changed or modified by a motion, a second, deliberation and a subsequent
vote. The only motion that may be amended is the main motion.
3. Postoone Definitelv Motion- A motion to put off consideration or discontinue discussion of
any motion on the floor and that which established a definite time for the motion to be
reconsidered. A motion to postpone definitely requires a second, deliberation and a
subsequent vote.
4. Vote Immediatelv Motion (Previous Question) - A motion to prevent or stop deliberation
on a pending motion and to bring the pending motion to an immediate vote. A motion to the
"Previous Question" requires a second and a two-thirds majority vote to pass, however,
no discussion is allowed on the motion. Two votes are required when a Previous Question
motion is seconded. The first vote is to close the debate (requires two thirds majority
vote) and, if that passes, the second vote is then on the original motion being deliberated
prior to the Previous Question being called. If the close the debate motion fails, then
deliberation on the original motion continues.
5. Substitute Motion: This is a motion which replaces the motion being considered with another
motion on the same subject. A motion to substitute may be made for either a main motion
or an amendment to a main motion. A substitute motion requires a motion and second.
The Council then votes on the substitute motion and if that passes, the original motion
dies. If the substitute motion fails, the deliberation on the original motion continues.
6. Withdraw a Motion: Any member of the City Council who has made an allowable motion has
the authority to remove the motion from consideration by the total body. If a member
desires to remove a motion that has been seconded, but not yet voted upon, the member
who has seconded the motion must consent to the request of the member to remove the
motion from consideration. If the motion has not been seconded, the member may remove
the motion from consideration by his/her own request.
7. Division of Motion - A motion that is composed of two or more independent sections or
ideas may be deliberated, considered and voted on separately. Each section or idea that is
to be voted on separately must be acted upon through a separate motion, second,
discussion and subsequent vote. Any member of the City Council may request a motion
to be divided into two or more individual motions.
8. Eliaibilitv of Motion: The presiding officer may rule on the eligibility of a motion which has
been requested to be divided into two or more individual motions.
9. Privileaed Motion: These motions do not relate to pending business, but have to do with
special matters of immediate and overriding importance, which without any debate, shall
20
be allowed to interrupt the consideration of anything else. These motions can be made at
any time, even if another motion is being considered at the time, and they must be
settled or voted upon immediately. Motions to adjourn the meeting or take a recess cannot
interrupt a speaker, while a motion on a question of privilege or point of vote can interrupt a
speaker.
Privileaed motions include:
· Point of Order- Whenever a member thinks that the rules of the City Council are
being violated, he/she can make a Point of Order. Whenever a question of the order -is
called, the presiding officer shall make a ruling on whether the City Council rules
have been violated. If a Point of Order is to be raised, it must be -raised -promptly -at the
time the violation occurs. This -procedure -does -not -require -a -second, -is not
debatable and can be used to interrupt a speaker.
· Aooeal Decision of Chair: The presiding officer will be called on to rule on questions
of City Council procedure as set forth in these Bylaws. The -decisions -of the presiding
officer may be appealed -by -the -City Council. A statement of appeal constitutes a
motion which, in turn, requires a second and the opportunity for discussion.
· Motion to Reconsider: A motion to reconsider any action taken by the Council may be
made at the meeting at which such action was taken or the regular meeting following.7
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.
1. Notwithstanding Robert's Rules of Order, a motion to "lay on the table" shall be debatable.
21