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HomeMy WebLinkAbout8A - Appointments 1998 -..;.-.' ff~ ~NE~ DATE: STAFF AGENDA REPORT 8A (/ A FRANK BOYLES, CITY MANAGE ../ ,J CONSIDER APPROVAL OF AP OINTMENTS AND BYLAW REVISIONS FOR 1998 JANUARY 5,1998 AGENDA #: PREPARED BY: SUBJECT: BACKGROUND: The City Council Bylaws provide that the first regularly scheduled meeting in January is the annual meeting of the City Council. During the annual meeting, regular business may be conducted, but the following organizational business is required to be on the annual meeting agenda: 1. Yearly Appointments. 2. Yearly fee schedules. 3. Yearly approval of City Council appointed committee bylaws and procedures. 4. City Council bylaw review. DISCUSSION: The Council needs to take the following actions to fulfill its responsibility under the Bylaws: 1. Consider Actina Mavor for 1998 - Councilmember Schenck was acting Mayor for 1997. Council should select an acting Mayor for 1998. 2. Consider Aooroval of Official Newsoaoer for 1998 - The Prior Lake American has been the City's official newspaper. Attached is a proposal from the American for 1998. 3. Consider Aooroval of Official Bank for 1998 - The Prior Lake State Bank was the official bank for 1995, 1996, and 1997. The same is recommended for 1998 subject to the City's continued practice of investing funds in the institution offering the highest rate of return for the types of investments which the City seeks. 4. Consider Aooroval of Eaualization Committee for 1998 - The Equalization Committee consisted of the full Council in 1997. The same is recommended for 1998. 16200 E~i?t~k Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQuAL OPPORTLNITY E:V1PLOYER 5. Consider Aooroval of Fire Chief and Assistant Chief for 1998 - In accordance with their Bylaws the Fire Department conducted its elections on Thursday, December 18, 1997. Dave Chromy was elected Chief and Bruce Sames and Mark Frederick, First and Second Assistant Chiefs respectively. Their terms expire December 31, 1999. The Council should endorse these election results. 6. Consider Aooroval of Auditina Firm for 1998 - During 1995 the firm of Abdo, Abdo and Eick were confirmed as City Auditors for audit years 1995, 1996 and 1997. In 1998 they will complete the 1997 audit. No action is required at this time. 7. Consider Aooroval of Fiscal Consultant for 1998 - Steve Mattson of Juran and Moody has acted as the City's Fiscal Consultant over the last twenty years. The Council should determine whether it wishes to continue this relationship or direct the solicitation of Requests for Proposal. 8. Consider Aooroval of Civil Defense Director for 1998 - The Chief of Police has acted as the City's Civil Defense Director since 1991. The appointment of Bill O'Rourke would be appropriate for 1998. 9. Consider Aooroval of Health Officer for 1998 - The City has historically contracted with Park Nicollet Clinic for such services. A Health Officer is only required in unique circumstances. The appointment of Park Nicollet Clinic as the City's Health Officer would be appropriate for 1998. 10. Board and Committee Bvlaws - The Park Advisory, Lake Advisory, and Planning Commission have reviewed their bylaws and have no recommendations for changes for 1998. 11 . Review and Consider City Council Bvlaws for 1998 - Attached are the Council bylaws. Minor changes are recommended including updating of "Table of Contents" APPT198.DOC . . and adding "Appointment of Special Assessment Committee" to annual meeting. 12. Animal Control Officer for 1998 - The attached contract was entered into by the City and Bob McCallister in 1995. The agreement is perpetual unless notice is given by either party. In 1995 the Council added safeguards in the contract intended to guard against concerns raised by a few individuals. The cost proposed for 1998 is $900 per month. The 1997 monthly fee was $900. It is recommended that Bob McCallister be retained as Animal Control Officer for 1998. 13. Soecial Assessment Committee: Two members of the Council are to be appointed annually to serve on this committee. Presently Mayor Mader and Councilmember Kedrowski constitute the committee. 14. Minnesota Vallev Transit Authoritv (MVTA) and Suburban Transit Authoritv (STA): The bylaws provide that one Councilmember and one staff member serve on the MVTA Board. The present representatives are Assistant City Manager Bret Woodson and Council member Kedrowski. Councilmember Kedrowski wishes to resign this post which he has held for numerous years. Councilmember Schenck is recommended to serve on the MVT A and STA. 15. Citv Council Position Vacancv: Upon assumption of the position of Mayor, Councilmember Mader's seat becomes vacant. Since there is less than half of the term remaining, Minnesota Statute provides that the City Council may appoint a person to fill the unexpired term. The Council can limit consideration to those who ran for the office of Councilmember in November, 1997 and failed or could open the process to applicants as has been done to fill vacant Board and Commission positions pursuant to the City Council bylaws. At this writing, I have already received letters of interest from three persons. APPT198.DOC ISSUES: The City Council should review each of the fifteen items and act upon them individually. ALTERNATIVES: 1. Discuss each issue and act upon them or defer for future consideration. RECOMMENDATION: As set forth above. ACTION REQUIRED: Motion to approve those issues as deemed appropriate by the Council. APPT198.DOC 12-31-1997 9:28AM FROM SOUTHWEST SUB. PUB. 612 445 3333 P.2 .,-~ #",,,:;..'0'" . ,:..~':::~1~ ' '.. ~:) ,~' . . -. '. . !~!~!.,. .. tnerlcan . . - . . . . . NtH)r; l+\\f. December 29, 1997 Mr. Frank Boyles City Manager City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, MN 55379 Dear Mr. Boyles, est for appointment of the Prior Lake American as the official newspaper for the City Please consid of Prior Lake j . Le.Q..~Lciili p\Jbl~lih~ri il"l th~ Prior Lake American during this time period will be billed at the rate pf SiS 37 per column i,nch for ~ first insertion and $6.19 .e.e! c,?J.yJDlJ.io.s:h eer _sAubsequent insertions. --. .- "'l7""'l_ The city can take advantage of a lower rate if it submits legal notice copy on floppy disk in ASCII text format. This allows for a substantial labor savings if the Prior Lake American staff does not have to retype the notices prior to them being published in the newspaper. We would also request that hard copy accompany the disk in the event we have any difficulties transferring data files. The rate for the materials submitted in this manner would be $6.69 per column inch, reflecting a 20"10 cost savings to the City of Prior Lake. Please note that a deadline change will also occur effective Jan. 1, 1998. The new deadline for legal notices is Wednesday noon for that which is to appear in the following Saturday's edition of the Prior Lake American. Thank you for the opportunity to be of service to you in the past. We hope that relationship can be continued in the coming year. ~a~ ( Laurie A. Hartmann Publisher enclosure 14093 Commerce Avenue. Prior Lake, Minnesota 55372 . (612) 447-6669 Prior Lake - merlCan December 13, 1996 ~ eICI8d -10 Alto LbOJ b' . V~U, 03J\G~.3l:1 Mr. Frank Boyles, City Manager City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, Minnesota 55372 Dear Mr. Boyles, Please consider our requ~Qintment of the Prior Lake American as the official newspaper for the City of Prior Lake' . 1'997.t'7 ./ Legal notices...tll.LQlished in t e t"'rior Lake American durinq this time period will be billed at the rate of $8.05 ,ger c91~J..mn inch tor me first in~ion ~~~.84 ~r column inG.b..oer subseOJLent inser- tions. A complete guide outlining our procedures and rate structure, as well as a copy of our certification from the Secretary of State's Office which enables us to publish legal notices, is enclosed. In accordance with Minnesota Statute 331A.02, the Prior Lake American has met certain qualifica- tions in order to become a legal newspaper to better seNe the community. Some of the qualifica- tions we must meet to become a legal newspaper include: distribution of the paper at least once a week for 50 weeks out of the year; be circulated in the local publiC corporation which it purports to serve, and either have at least 500 copies regularly delivered to paying subscribers, or have at least 500 copies regularly distributed without charge to local residents; have its known office of issue established either in the county in which is lies in whole or in part, the local public corporation which the newspaper purports to seNe, or in an adjOining county; file a copy of each issue imme- diately with the state historical society; etc. These are just a few of the stringent guidelines a newspaper must fulfill in order to become a certified legal newspaper. It is our goal to seNe you as your legal newspaper for the coming year. Thank you for the opportunity to be of seNice to you in the past. We hope that relationship can be continued in the coming year. ;jjes .ectfully, . rC{{:<VL~ t; . aurie Hartmann Publisher ./1/ ;' Ni0~/')Lt_1JJ'Vru LAH: beb enclosure 14093 Commerce Avenue NE · Suite 400 · Prior Lake, Minnesota 55372 · (612) 447-6669 CCBY974.DOC printed 12/30/97 i:\bylaw\ccbylaw.doc 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 FRANK BOYLES CITY MANAGER 1 Revised January, 1998 TABLE OF CONTENTS SECTION I PURPOSE 3 SECTION II REGULAR, SPECIAL AND EMERGENCY MEETINGS 3 SECTION III ANNUAL MEETING 5 SECTION IV MEETING AGENDA FORMAT AND CONSENT AGENDA 5 SECTION V QUORUM AND VOTING PROCEDURES 8 SECTION VI MINUTE PREPARATION 9 SECTION VII ROLES AT MEETING 10 SECTION VIII MOTIONS, RESOLUTIONS, ORDINANCES 13 SECTION IX PUBLIC HEARING FORMAT 17 SECTION X COMMITTEE STRUCTURE. 18 SECTION XI PROVISIONS 20 SECTION XII REIMBURSEMENT FOR EXPENSES 20 SECTION XIII CODE OF ETHICS AND CONDUCT 21 CCBY974.DOC printed 12/30/97 i:\bylaw\ccbylaw.doc 2 Revised January, 1998 SECTION I - PURPOSE A. 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. B. 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. If at its Annual Meeting, the Council, by majority vote, requires additional time to consider proposed amendments it may defer further consideration until a date certain. During the additional time taken to consider and deliberate the existing Bylaws shall govern. An amendment may be proposed by any member of the City Council. Any changes or amendments to the Bylaws shall follow this procedure: 1. A motion to amend a specific section, subsection, paragraph, sentence, or line is proposed. 2. A second to the motion is required. 3. Discussion on the Bylaws amendment occurs. 4. The vote is taken. A simple majority is required to pass the Bylaws. 5. Bylaws can be reviewed and amended at any time during the year. However once the Bylaws are adopted at the Annual Meeting or thereafter if the Council has deferred action at its Annual Meeting, no rule of the Council shall be suspended, altered, or rescinded except upon the affirmative vote of four members of the Council unless notice of such change shall have been given at a previous meeting in which case only a majority shall be required. SECTION II -REGULAR. SPECIAL AND EMERGENCY MEETINGS A. REGULAR MEETINGS. The Prior Lake City Council regular meeting shall be held on the first and third Mondays of each month commencing at 7:30 p.m. All regular meetings shall be held in the designated City Council Chambers. An open forum shall precede the second meeting of the month. The forum will commence at 7:00 p.m. and conclude at 7:25 p.m. The purpose of the forum is to afford the public an informal opportunity to address concerns to the Council. When a regular meeting is projected to fall on the same day as that of an official holiday, the City Council may cancel the meeting that falls on the official holiday or reschedule the meeting for the following business day (Tuesday) at the same time (7:30 p.m.) and place (City Council Chambers). The City Council may consult with the City Manager to determine the amount of business pending and decide by consensus to reschedule or cancel the meeting. If a CCBY974.DOC printed 12/30/97 i:\bylaw\ccbylaw.doc 3 Revised January, 1998 decision cannot be decided by consensus, a simple majority vote of the City Council shall prevail. The City Manager shall post notice and publish in the paper the decision of the City Council to cancel or reschedule the meeting. (See Policy 88-01 regarding unusual circumstances) B. SPECIAL MEETINGS. Special Meetings may be called by the Mayor or 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 twenty-four (24) hours in advance of the meeting. All notices of special meetings shall be posted at City Hall at the time the written notices to the members is prepared. (See City Code Section 1-5-2.) Notice shall also be provided to any member of the public or news media who have requested notification in writing. C. EMERGENCY MEETINGS. The City Council may call an emergency meeting. For emergency meeting, the City Manager shall make good faith efforts to provide notice of the meeting to each news medium that has filed a written request for notice if the request includes the news medium's telephone number. Notice of the emergency meeting shall be given by telephone or by any other method used to notify the members of the City Council. Notice shall be provided to each news medium which has filed a written request for notice as soon as reasonably practicable after notice has been given to the Councilmembers. Notice shall include the subject of the meeting. Posted or published notice of an emergency meeting shall not be required. An "emergency" meeting is a special meeting called because of circumstances that, in the judgment of the Mayor, require immediate consideration by the City Council. If matters not directly related to the emergency are discussed or acted upon at an emergency meting, the minutes of the meeting shall include a specific description of the matters. The notice requirement of this paragraph supersedes any other statutory notice requirement for a special meeting that is an emergency meeting. In the absence of the Mayor, the Acting Mayor may call an emergency meeting. D. Except as otherwise provided in the Minnesota Open Meeting Law, M.S.A., Section 471. 705, all meetings of the City Council, including special and adjourned meetings shall be open to the public. E. The Agenda 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 4.A - Order of Business. Copies of the Agenda, Minutes, and supporting documentation shall be made available: 1. From the City Manager's office once the materials have been mailed to the Councilmembers, and CCBY974.DOC printed 12/30/97 i: \'bylaw\.ccbyla w .doc 4 Revised January, 1998 2. In the Council Chambers for public inspection at the time of the meeting. F. It is the proper performance for a member of the City Council to attend all regularly scheduled meetings, or any special meeting(s) of which proper notice was duly received. A 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. SECTION III - ANNUAL MEETING A. The Annual Meeting shall be the first regularly scheduled meeting in January. Regular business may be conducted during the annual meeting and the following organizational business is required to be on the Annual Meeting agenda: 1. Swear in newly elected officials, if applicable. 2. Acting Mayor. 3. Official newspaper. 4. Official bank. 5. Equalization Committee. 6. Fire Chief/Assistant 7. Auditing Firm. 8. Fiscal Consultant. 9. Civil Defense Director 10. Health Officer 11. Approval of City Council Appointed Committee Bylaws and Procedures. 12. City Council Bylaws Review. 13. Animal Control Officer. 14. Yearly Fee Schedule. 15. Appointments to Special Assessment Committee. CCBY974.DOC printed 12/30/97 i:'\bylaw'\ccbylaw.doc 5 Revised January, 1998 SECTION IV - MEETING AGENDA FORMAT AND CONSENT AGENDA A. 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 procedure: 1. Call to Order 2. Pledge of Allegiance 3. Approval of Minutes 4. Consent Agenda 5. Presentations 6. Public Hearings 7. Old Business 8. New Business. 9. Removed Consent Agenda Items 10. Other Business - Including Councilmember Reports 11. Announcements and Correspondence 12. Adjournment B. The presiding officer may change the time an item is to be considered on the agenda if it is determined that changing the time will promote expediency of the meeting. This applies to all agenda items except those that are scheduled for a public hearing. C. The City Manager maintains a record of the items scheduled to appear on the meeting agenda. If a member of the City Council requests an item to be placed on the next agenda of a regularly scheduled meeting, the member must inform the City Manager of this request no later than 11:00 a.m. on Wednesday before the regularly scheduled meeting. If a citizen requests to appear before the City Council or requests an item to be placed on the Agenda, the City Manager may (1) determine whether the item is appropriate to place on the Agenda; and if so, (2) determine the City Council Forum or regular City Council meeting date and time for which the item(s) will be considered by the City Council. CCBY974.DOC printed 12/30/97 i:\bylaw\ccbylaw.doc 6 Revised January, 1998 -......----,--...-.--- , . D. An item of business which is not scheduled for the Agenda and which is presented for discussion by the general public under Other Business may be considered for discussion and action at a future regular meeting or at the forum. The City Council may use its discretion on the decision to take formal action on nonscheduled citizen request items. 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. E. With the adoption of Bylaws, a Consent Agenda is created. The purpose of the "Consent Agenda" is to group items, for consideration of a routine and non- controversial 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, that item will be removed from the Consent Agenda and considered separately. Items may be removed for good cause if a Councilmember or member of the public wish to address the Council on the subject. 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, noncontroversial license requests, standard development agreements, calls for bid, reports of administrative actions and proposals, leases and agreements previously approved in principle, set 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. Following each Consent Agenda item the City Manager shall provide a brief description of the Consent Agenda item; e.g. . Approval of a contract with XYZ company in the amount of $XX,XXX. to provide engineering consulting services recommended by director of Public Works /City engineer. . An Ordinance amending section XXX of the City Code of Prior Lake to provide for the regulation of massage therapy businesses. Recommended by City Manager and Finance Director. . Approve contract no. 97-XX for the paving of anyname road to ABC paving company in the amount of $x,xxx. . Accept for filing report and recommendation from Engineering Department on traffic control study. CCBY974.DOC printed 12/30/97 i:\bylaw\ccbylaw.doc 7 Revised January, 1998 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, a Councilmember, or member of the public, for good cause, 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 a roll call vote. Those items so approved under the heading "Consent Agenda" will appear in the Council minutes in their proper form, i.e. resolution accepting grant deed or easement, adoption of ordinance 97 -xx establishing x42. Any item removed from the "Consent Agenda" shall be placed on the City Council Agenda as a separate category after new business. F. The presiding officer may call a recess at any time during the meeting. The purpose of the recess is to provide the City Council, staff and individuals at the meeting a short rest period from the Council business. The recess must be called for a specific length of time. The presiding officer may reconvene or extend the recess without regard to the initial length of the called recess. SECTION V - QUORUM AND VOTING PROCEDURES A. At each meeting a majority of all the members elected (3 out of 5) shall constitute a quorum for the transaction of business. B. 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. 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". C. 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. D. 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 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. 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 positive. E. The most important single responsibility of a Councilmember is to inform themselves of the issues before the Council and to attend meetings. The Council shall have the authority to compel the attendance of members at meetings and to CCBY974.DOC printed 12130/97 i:\bylaw\ccbylaw.doc 8 Revised January, 1998 punish nonattendance by imposing a fine, not to exceed ten ($10.00) dollars or by deducting a pro-rata part of the absent members monthly compensation. SECTION VI - MINUTE PREPARATION A. The City Manager is responsible for the minutes of the Meeting. The meeting proceedings will be tape recorded and noted by the Executive Secretary or a designated representative from the City Manager's Office. The minutes are the official record of the meeting. The tape recording is intended to supplement the minutes and are not the official record. The following two requirements for Minute preparation shall be adhered to: 1. All motions typed in capital letters. 2. List the names of the City Council after their vote on each motion. Beside the addition of Numbers 1 and 2 above, the Minutes shall be prepared consistent with the existing style as of the adoption of these Bylaws. B. The official Minutes shall be prepared and presented to the City Council at the next regularly scheduled meeting. The Minutes do not have to be read aloud. The City Council shall review them 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. Approval of the minutes requires a motion, second and a majority vote of the members present at the meeting. C. The City Manager's Office is responsible for the maintenance and filing of the Minutes. The following procedure will be used in the filing of the Minutes: 1. All Minutes prior to January 1, 1983 will be retained in hard copy only. 2. All Minutes after January 1, 1983 will be retained in hard copy and computer file copy. 3. All tape proceedings, excluding public hearings, must be kept for one year from the date of recording. 4. All tape proceedings that include public hearings must be kept for seven years from the date of recording. CCBY974.DOC printed 12/30/97 i:\bylaw\ccbylaw.doc 9 Revised January, 1998 D. A copy of the Minutes of the meeting shall be distributed the week following the regularly scheduled meeting on either a Wednesday (or in the event of a holiday on Thursday) together with the Agenda packet for the next meeting. The minutes will be distributed to the Mayor, Councilmembers, City Attorney, selected staff, Planning and Zoning Committee Members and members of the media who have made a written request to receive copies. A copy of the Agenda and Minutes are available upon request to the public. E. Remarks made by a member of the City Council may be entered into the Minutes by stating that he or she desires to go on the record. These remarks shall be entered into the Minutes by the Executive Secretary by way of synopsis, or verbatim, if an individual member requests a verbatim record. 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. SECTION VII - ROLES AT MEETING A. All meetings of the City Council shall comply with the Minnesota Open Meeting law. 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 Council the meetings helps to develop a more enlightened and interested citizenry. Minnesota State Law does not expressly permit citizens to take an active part in the meeting proceedings or intervene directly in the conduct of business. However the City Council, through the Bylaws, recognizes the importance of timely and orderly citizen input at the meetings. B. On the majority of the Agenda items, if not all items, the time for direct citizen input, comments and questions will be immediately after the City Staff report and/or presentation. During this time period, every member of the public desiring to speak shall address the presiding officer (by raising a hand or standing up) and upon recognition, shall indicate their name, address, who they represent if other than themselves and confine their remarks to the issue under consideration. The presiding officer may: establish time constraints at the beginning; impose time limitations on the speakers; tell everyone at the outset that the Council does not want to hear long-winded speeches and speakers who repeat the same point will be cut off, request a representative to speak on behalf of a group; and tell the public that applause or interruption by the public is not appropriate. All persons will be given an opportunity to speak once before a person may speak twice. The presiding officer may use hislher discretion when an individual member of the public requests to speak more than once on a single issue. The presiding officer may withdraw recognition of a member of the public if the individuals comments are rude, discourteous, disrespectful, or not germane to the proposition before the Council. CCBY974.DOC printed 12/30/97 i:\bylaw\ccbylaw.doc 10 Revised January, 1998 C. Immediately after the citizen input is finished on the issue, the members of the City Council take turns addressing the issue. Each individual member of the City Council may recognize a member of the public when the member has been recognized to speak by the presiding officer. Members of the City Council must use judgment and discretion when recognizing members of the public to speak during the time they have the floor. 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 should contact 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. When questioning the City Manager and City Staff the Councilmember shall act respectfully toward the staff. The presiding officer shall have the right to discontinue questioning by the member if not done in a courteous and respectful manner. No Councilmember shall request a member of the public to raise questions on the Councilmember's behalf. D. 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 chair, 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. E. The Mayor has the same voting powers as do the Councilmembers. The Mayor may vote whenever a vote is taken and he/she does not have any extra voting powers if the vote results in a tie. F. The Mayor shall be the presiding officer at all meetings. If the Mayor is absent, the Acting 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. The presiding officer has two unique powers: (1) interpreting and applying the rules of procedure; and (2) recognizing speakers from the audience. Such authority, although considerable, should not be freely used in support of the presiding officer's own convictions. That official has an obligation to be impartial and objective in conducting the meeting. 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 CCBY974.DOC printed 12130/97 i:\bylaw\ccbylaw.doc 11 Revised January, 1998 remain in the Council Chambers. When individuals abuse their rights to be present, the presiding officer, subject to overrule by the Council, can order their removal from the room. The presiding officer shall open all public hearings at the predetermined time and date. The presiding officer may, for informational purposes, state the purpose of the hearing or read the public notice calling for the hearing into the record of the meeting proceedings. See Section 9. 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 who desires to speak on the issue under consideration. The presiding officer has the responsibility to facilitate discussion by the City Council. This may occur in a variety of ways, including: 1. Interpret and apply rules of procedure. 2. Decide whether motions are properly made. 3. Decide whether motions are in order. 4. Decide whether questions of special privilege ought to be granted. 5. Decide when to recognize speakers. 6. Call for motions or recommend motions. 7. Expel disorderly persons from the meeting. 8. Enforce speaking procedures. If a motion is unnecessary, unsuitable for consideration, and/or proposed at an inopportune time for the purpose of delaying or embarrassing others, the presiding officer may rule the motion out of order on hislher own initiative. H. One member of the Council shall serve as Acting Mayor elected by the Council at the Annual Meeting. The Acting Mayor shall preside at all meetings when the Mayor is absent from the meeting. When the Acting Mayor is presiding at the meeting, helshe shall assume the authority and responsibility of the presiding officer at the Meeting as specified within Section 7 G of the Bylaws. All members of the City Council may make and second motions, participate in discussions andyote whenever a vote is taken. CCBY974.DOC printed 12/30/97 i:\bylaw\ccbylaw.doc 12 Revised January, 1998 .T Councilmembers' statutory duties are to be performed, almost without exception, by the Council as a whole. The Council, not individual members is charged with formulating policies and exercising City powers delegated to them by Statute and supervising administrative officers. All inquiries about City affairs shall be made through the City Manager. A Councilmember shall advise the City Manager before contacting a staff member directly. Councilmembers cannot give orders, indicate their preferences or otherwise supervise City employees. Councilmembers should devote their official time to problems of basic policy. Councilmembers should raise questions and express their views on issues and basic policy during Council meetings where their fellow Councilmembers have an opportunity to debate the issue and provide additional facts. To do otherwise is self-serving, a breach of the public trust, and disrespectful of the office to which they were elected. As individuals, Councilmembers have no administrative authority. When acting as a Council, however, the legislative body has authority over the appointed City Manager. This authority is restricted to conducting investigations and establishing policies for execution by the Manager. 1. 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. J. The Department Heads may attend all meetings. The Department Heads shall attend the meetings when directed by the City Manager. K. A memorandum report or brief explanation of each agenda item shall be included in the Agenda Report that accompanies 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. L. A copy of the Agenda and staff reports incidental to Agenda items shall be placed outside the Council chamber in order to be available to the public. SECTION VIII - MOTIONS. RESOLUTIONS. ORDINANCES A. 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. The specific majority required for each is specified in the Bylaws. B. Motion.: 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 CCBY974.DOC printed 12/30/97 i: \'bylaw\'ccbylaw.doc 13 Revised January, 1998 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. 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. All motions of the City Council are adopted if they receive a majority of the votes cast (unless otherwise stated below) by the members present. To illustrate, if two members of the Council vote in favor of a motion, one votes against it, and two abstain from voting, the motion is considered passed. The following motions will be available for use by the members: 1. Main Motion - An act to bring substantive proposals the City Council for consideration and action. Mter 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. Rescind Main Motion - A main motion that was adopted, regardless of the length of time since the adoption, may be rescinded by a motion, a second, deliberation and a subsequent vote. The only main motions that cannot be rescinded are when the original motion called for an action that has since been performed, i.e., contract has been signed, money paid out, or when a specific deadline has passed. 3. 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 motions that may be amended are the main motion and a motion to amend the main motion. 4. Postnone 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. 5. Vote Immediatelv Motion (Previous Questions) - 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 Questions 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 CCBY974.DOC printed 12/30/97 i:\bylaw\ccbylaw.doc 14 Revised January, 1998 .~ >, ... close the debate motion fails, then deliberation on the original motion continues. 6. 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. 7. Withdraw a Motion: - Any member of the City Council who has made an allowable motion (1-6, Section B) 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. 8. 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. In order to be divided, the motion must consist of two or more propositions, each of which is capable of standing alone and each of which must be suitable for adoption in the event one of the other motion(s) does not pass. 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. Privilee-ed 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 "a" and "b" below cannot interrupt a speaker, while motion "c" below can interrupt a speaker. a. Adiourn the Meeting - Requires a motion, second and a majority vote of the members present to pass. b. Take a Recess: Requires a motion, second and a majority vote of the members present to pass. c. Questions of Privilege and Point of Vote, unless it is objected, whereupon the motion must be seconded and put to a vote. Primary CCBY974.DOC printed 12/30/97 i:\bylaw\ccbylaw.doc 15 Revised January, 1998 purpose is to correct an attack or inaccurate statement made by an individual to a member of the City Council. In addition, these motions may be used for such purposes as to move to a position where the proceedings may be better heard, to request a speaker to speak more loudly, to clarify statements made, and to correct concerns with the room atmosphere: heating, lighting, etc. The presiding officer is expected to honor the request of a member unless it is dilatory in intent. 10. 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. 11. Anneal 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. All votes on appeal motions require a majority vote of the member present for approval. 12. 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. It may be made either immediately during the same session or at a recessed or adjourned session thereof. 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. Nothing herein shall be construed to prevent any member of the Council from making or remaking the same or any other motion at a subsequent meeting of the Council. C. Resolutions- Resolutions should be used for any action of a temporary, routine, or administrative nature. Resolutions will also be used to comply with statutory requirements for certain administrative procedures. Resolutions, rather than motions, are normally used to reflect a stronger 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. Resolutions are adopted if they receive a majority of the votes cast of the members present. CCBY974.DOC printed 12/30/97 i:\bylaw\ccbylaw.doc 16 Revised January, 1998 ";!'rrr- The City Manager will maintain a record of all hard copy resolutions and will be responsible for the proper numbering and execution of each resolution adopted by the City Council. D. Ordinances: - An ordinance which has the force oflaw 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 by law or these Bylaws, State Statute, or City Ordinance. An ordinance shall become effective upon passage and publication unless otherwise specified in ordinance. Consistent with State Statute the Council may authorize publication of a summary of the ordinance rather than its full text. Proof of publication shall be attached to and filed with every ordinance~ All final drafts of an ordinance shall be prepared by the City Attorney, or qualified staff, with final review by the City Attorney prior to a~al by Council, and may must include provisions, including the title; the number; the enacting clause; the contents or body; the penalty; the closing; the attestation 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. E. Council Proceedings The proceedings of the City Council shall be conducted in accordance with these Bylaws. If these Bylaws do not address a procedure, Robert's Rules of Order, Newly Revised, may be consulted. 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 objects to the method of procedure and point out to the Council the particular rule which it is claimed was not observed~ SECTION IX - PUBLIC HEARING FORMAT A. Public Hearings shall be conducted in the following manner: 1. The presiding officer calls the Public Hearing to order and declares the time of opening. It is the intent of the City Council to open all public hearings at the predetermined and published time. From a practical standpoint not all hearings can be opened at their designated time. The presiding officer may delay the start of a CCBY974.DOC printed 12/30/97 i:\bylaw\ccbylaw.doc 17 Revised January, 1998 hearing until the business at hand is acted upon, in any manner, by the City Council. It will be the general policy of the City Council to open and conduct hearings at their established time. In no circumstances can a hearing be opened prior to the predetermined and published time. 2. The presiding officer reads from the hearing notice the details on the hearing sufficient to provide the public a general understanding of the purpose of the hearing. 3. The Executive Secretary shall pass out to the audience a sign-up sheet with columns for name, address and phone number. This sheet shall become part of the hearing record. 4. The presiding officer announces the type of input to be received by the citizens - informal or formal. 5. Staff makes a presentation or report on the subject matter for the hearing. 6. If applicable, the developer makes a presentation or report on the subject matter. 7. The presiding officer asks for citizen input, comments and questions. 8. The City Council addresses the subject matter through deliberation, questions to citizens and Staff, and reactions and statement of position on the subject. 9. The City Council may take action on the subject matter. 10. The presiding officer closes the public hearing and states the time the hearing is closed. 11. The presiding officer may reserve the right to reopen a public hearing or receive additional information subject to the discretion of the City Council. B. If the City Council decides to continue the deliberation on the subject matter of a hearing, the presiding officer, in consultation with the City Manager and City Council, shall select a time and date during a future regularly scheduled meeting to continue the hearing for further deliberation and possible action. No additional publication or notice requirements are needed if a hearing is continued to a later date. SECTION X - COMMITTEE STRUCTURE CCBY974.DOC printed 12/30/97 i: \bylaw\ccbylaw.doc 18 Revised January, 1998 -T( A. The existing Committees of the City Council and their regulatory provisions are as follows: 1. Planning Advisory Commission: City Code 2-3-1 to 2-3-4. 2. Park Advisory Committee: City Council adopted Bylaws. 3. Lake Advisory Committee: City Council adopted Bylaws. The Planning Commission has been established by statutory authority and the structural composition and Commission rules are set forth in the City Code. The City Council shall prepare suggested Bylaws for each Committee. At its first meeting of each year, the committee shall adopt the Bylaws or recommend changes to the City Council. The City Council must approve any requested or recommended change. Amendments to a committee's Bylaws may be proposed to the Council at any time subsequent to their annual adoption. The City Council on its own initiative may adopt changes to a Committee's Bylaws. B. Vacancies in the City Council's Committees shall be filled in the following manner: 1. Notice of vacancy is made public and interested individuals may be contacted and encouraged to consider the position. 2. The City Manager, Mayor and Department Head, together with the Committee Chair shall interview all candidates and make a recommendation to the full City Council. 3. The Mayor shall present the recommendation to the City Council and the Council may accept or reject the recommendation. If they reject the recommendation, they shall appoint someone else or decide to reopen the vacancy to the public for new individuals. C. The City Council may establish advisory Committees from time to time to study, research, analyze and make recommendations on a particular issue or subject matter. The Committees shall be established through one of four means: provision in the Bylaws, motion, resolution or ordinance. The Committees shall consist of as many members and perform such duties as the City Council may require. Committees may only exercise those duties assigned to them by the City Council (conduct investigations, make reports on facts, interview individuals). The Committees may not make decisions regulated to the City Council by statutory authority. D. The Council will meet with each committee/commission annually m a workshop to discuss goals and objectives, mutual concerns or questions and other business as appropriate. CCBY974.DOC printed 12/30/97 i:\bylaw\ccbylaw.doc 19 Revised January, 1998 E. The Council may from time to time establish special Council committees. By dividing their membership into several committees, a Council enables its members to devote time to a specific issue. The Council appoints special committees to deal with a single transaction or project. For example, the Council might appoint a special committee to study the advisability of purchasing land for a new park. The work of a special Council committee should be limited to special policy problems or to certain public relations functions that are not the responsibility of administrative personneL Committees may exercise all duties which the Council has legally assigned to them. They can make recommendations to the Council, but not make decisions on behalf of the council. Committees are subject to the same rules as the full Council under the open meeting law. The Council's final decision, not the committee's recommendation, binds the City. SECTION XI - PROVISIONS A. 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. B. These Bylaws shall govern the procedures of the Prior Lake City Council immediately upon adoption. If an issue is raised or point is made which is not covered in the Bylaws, the procedures to respond to the issue or point shall be governed by Robert's Rules of Order Revised. C. The rules herein may be suspended upon a 4/5 (80%) vote of the members for a specific meeting only. SECTION XII - REIMBURSEMENT FOR EXPENSES A. Effective upon adoption, the following regulations will govern all travel, mileage and meal reimbursement expenses in the conduct of official Council business: 1. Reimbursement for meals and parking are intended to refund actual costs incurred. A receipt is required for reimbursement for each. No alcohol related beverage is eligible for reimbursement. 2. Reimbursement for travel, other than mileage are intended to refund actual costs incurred. A receipt is required for reimbursements for airfare, lodging and any applicable registration fee. Reimbursements for taxis must be itemized as "from" and "to" when possible. 3. Mileage reimbursements must be accompanied by an itemized listing of the date, and the purpose for the trip. Mileage rate will be consistent with the rate offered to City employees which is established according to the Federal Standards. CCBY974.DOC printed 12/30/97 i:\bylaw\ccbylaw.doc 20 Revised January, 1998 ," ., ,...... ..IV 4. Payment for any eligible reimbursable expenses shall be made after approval by the City Council of the invoices which contains the expenses itemized within. 5. Prior City Council approval is not required to be eligible for reimbursement for the following meetings or organizations: . League of Minnesota Cities . Association of Metropolitan Municipalities . Metropolitan Council and its agencies . Minnesota Pollution Control Agency . Department of Natural Resources . Minnesota Valley Transit Authority . Scott County Board Meetings . Scott County Transportation Coalition . Scott County Legislative meetings with local, state or federal officials . Scott County Economic Development Committee . Urban Wetland Management Coalition . Prior Lake Chamber of Commerce . Scott County HRA 6. City Council approval is required prior to expenses being eligible for reimbursements for any other meetings or organizational conferences. In the event of an emergency or short notice to a meeting requiring City Council attendance, approval of expense reimbursements after the meeting for ineligible organizations will be considered on a case by case basis. 7. A Councilmember who attends a seminar or conference may be required to provide a brief oral explanation of the purpose and results of the meeting at a regularly scheduled Council meeting. This may occur at the request of another Councilmember or on the attending Councilmember's own action. 8. A Councilmember who attends meetings of organizations and receives reimbursements from the City as set forth herein is expected to represent the City's position on issues as expressed by the majority of the City Council. A Councilmember attending such meetings is expected to advise the Council in advance, insofar as possible, to official position on such matters. Councilmembers attending seminars or conferences at City expense are expected to provide the Council with a summary of the meeting. SECTION XIII - CODE OF ETHICS AND CONDUCT CCBY974.DOC printed 12/30/97 i:\bylaw\ccbylaw.doc 21 Revised January, 1998 A. Declaration of Policy The proper operation of democratic government requires that governmental decisions an policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and, that the public has confidence in the integrity of its government. In recognition of these goals, 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 established are hereby declared to be in the best interests of the City. B. Ethics in Government: Minnesota Statutes, Chapter lOA, 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. C. Personal Conflicts of Public Officials: Any public official who has a potential conflict of interest, as defined in this Chapter, shall publicly disclose the conflict before taking part in any action, discussion or vote pertaining to the matter. This provision shall not be interpreted to permit any act otherwise prohibited by law. D. Gifts and Favors: No public official shall accept any valuable gift, 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; nor shall any public official. 1. Accept any gift, favor, or thing of value that may tend to influence the official in the discharge of the official's duties; or 2. Grant in the discharge of the official's duties any improper favor, service, or thing of value, or accept an offer which would not have been given if the official were not an official; or 3 Accept or receive anything of value through sale or gift of goods or services which would result directly or indirectly from the official's position as a public official of the City. D. 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. E. Conduct in Government: Each member of the Council should reflect upon the trust bestowed upon them by the public. That trust is for the benefit of the City as a whole and not to benefit particular individuals. A Councilmember should recognize his or her fiduciary duty to govern the City in a manner that is respectful, informed and candid. A Councilmember shall treat their colleagues, City Staff, contractors and consultants and the public with courtesy and respect. A Councilmember should recognize that the success of a representative democracy depends upon its elected CCBY974.DOC printed 12/30/97 i:\bylaw\ccbylaw.doc 22 Revised January, 1998 . , and appointed officials acting together, not individually, to bring the individual and varied opinions, knowledge, and expertise to solving the challenges facing the City. No Council person should act in a manner that creates a lack of confidence or respect the Council or City. If a member of the Council fails to comply with and respect this Code of Ethics and Conduct, the Council may by a four-fifths (4/5) vote ask the Councilmember to resign from the Council. CCBY974.DOC printed 12/30/97 i:\bylaw\ccbylaw.doc 23 Revised January, 1998 LIST OF BYLAW HOLDERS Mayor and all Councilmembers........ ............................................. ................................. 5 Planning Commission Members.................. ......... ..... ................. .................................... 5 City Manager........................... ........................................................................................ 1 Assistant City Manager ....... .................................................................. ........... ..... ...... ... 1 All Department Heads .............................. ..................................................................... 6 City Attorney.................................................... ............................................................... 1 Executive Secretary........................................................................................................ 1 Council Chambers Copy ....................................................................... .......... ....... .... ...... 1 CCBY974.DOC printed 12/30/97 i:\bylaw\ccbylaw.doc 24 Revised January, 1998