HomeMy WebLinkAbout8 - City Council Bylaws & Fee Schedule for 1993
CITY OF PRIOR LAKE, MINNESOTA
MAYOR AND CITY COUNCIL
ADOPTED ON MAY 27, 1986
REVISED - JANUARY 2, 1990
DAVID J. UNMACHT
CITY MANAGER
TABLE OF CONTENTS
Page
SECTION 1 PURPOSE . . . . . . . . . . . . . . . . 3
SECTION 2 MEETINGS AND SPECIAL MEETINGS . . . . 1
SECTION 3 ANNUAL MEETING . . . . . . . . . . . . . 3
SECTION 4 MEETING AGENDA FORMAT . . . . . . . . . . 3
SECTION 5 QUORUM AND VOTING PROCEDURES 5
SECTION 6 MINUTE PREPARATION . . . . . . . . . 5
SECTION 7 ROLES AT MEETING . . . . . . 7
SECTION 8 MOTIONS, RESOLUTIONS, ORDINANCES 10
SECTION 9 PUBLIC HEARING FORMAT . . . . . . . . . . 13
SECTION 10 COMMITTEE STRUCTURE . . . . . . . . . . . 15
SECTION 11 PROVISIONS . . . . . . . . . . . . . . . 16
SECTION 12 REIMBURSEMENT FOR EXPENSES . . . . . 19
SECTION 13 MISSION STATEMENT . . . . . . . . . . 20
SECTION 1
PURPOSE
A.
Purpose of the Prior Lake City Council By-Laws is
provide the members of the governing body with a set
operating procedures designed to guide them during
meetings.
to
of
the
B.
Intent of the By-Laws is to serve
conduct of a Council Meeting. The
and drafted so as to promote
effectively run Council Meeting.
C. The By-Laws shall be considered and adopted at a Regular
Meeting of the Prior Lake Governing Body. An amendment may
be proposed by any member of the governing body. Any
changes or amendments to the By-Laws shall follow this
procedure:
as a basis for the
By-Laws were prepared
an efficiently and
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 By-Laws amendment occurs.
4.
a) At the annual meeting of the City Council (See
Section 3) for approval to a duly motioned and
seconded amendment to the By-Laws, a simple
majority vote of the members present is
required.
b) Approval of a duly motioned and seconded
amendment to the By-Laws at any regular or
special meeting during the year requires a 4/5
(80%) vote of the City Council. All amendments
proposed at a meeting other than the annual
meeting not receiving 80% of the vote do not
pass.
By-Laws can be reviewed and amended at any time during the
year, however, the By-Laws shall be formally reviewed and
adopted at the Annual Meeting which is the first Regular
Meeting in January.
SECTION 2
MEETINGS AND SPECIAL MEETINGS
A.
The Prior Lake
held on the
commencing at
held in the
designated or
Governing Body regular meeting shall be
first and third Mondays of each month
7:30 p.m. All regular meetings shall be
City Council Chambers, unless previously
published.
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When a regular meeting is projected to fall on the a...
day as that of an official holidaYl the city Manager shall
place the rescheduling of the meet ng on the agenda two
weeks prior to the Monday that is an official holiday.
The Governing Body has the option of canceling the meeting
that falls on the official holiday or rescheduling the
meetin9 for the following business day (Tuesday) at the
same t1me (7:30 p.m.) and place (City Council Chambers).
The Governing Body 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
decision cannot be decided by consensus, a simple majority
vote of the governing body shall prevail.
The City Manager shall post notice and publish in the
paper the dec1sion of the Governing Body to cancel or
reschedule the meeting. (See Policy 88-01 regarding
unusual circumstances)
B. 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 Governing Body 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.)
C. Except as otherwise provided in the Minnesota Open Meeting
Law, M.S.A., Section 471.705, all meetings of the
Governing Body, including special and adjourned meetings
shall be open to the public.
D. The Agenda and Agenda Report will be prepared by the City
Manager and shall be available the Thursday before the
following Monday meetin9. The Agenda Shall include the
items set forth in Sect10n 4.A Order of Business. The
governing body has the authority to change the agenda time
the individual items are to be considered. The governing
body may change the agenda time only between items 3 and 4
as set forth 1n Section 4-A.
Copies of the Agenda, Minutes, and supporting
documentation shall be made available in the Council
Chambers for public inspection at the time the meetin~ is
conducted. The City Manager may ~rovide additional 1tems
for public inspection at the meet1ng depending upon the
business on the Agenda.
E. It is the proper performance for a member of the governing
body to attend all regularlf scheduled meetings, or any
special meeting(s) of Wh1Ch 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 governing
body at the meeting the reasons(s) why a member cannot be
in attendance at the meeting.
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SECTION 3
ANNUAL MEETING
A. The Annual Meeting shall be the first reqularly scheduled
meeting in January.
Reqular business may be
meeting and the following
required to be on the Annual
1. Swear in newly elected
2. Yearly appointments.
3. Yearly fee schedule.
4. Yearly approval of Governing Body appointed Committee
By-Laws and Procedures.
conducted during the annual
organizational business is
Meeting agenda:
officials, if applicable.
5. By-Laws review simple majority requirement for
approval of any amendments or changes.
B. The By-Laws shall be reviewed and adopted during the
Annual Meeting. If the By-Laws were reviewed or amended
during the year, the Governing Body may use discretion in
the amount of time spent reviewing the By-Laws during the
Annual Meeting.
Any amendments made to the By-Laws at the Annual Meeting
shall follow the procedure set forth in Section 1.C of
these By-Laws.
SECTION 4
MEETING AGENDA FORMAT
A. Business of the meeting will be conducted according to the
Agenda prepared by the City Manager. The City Manager
w111 attempt to prepare an agenda that follows this
procedure:
1. Call to Order
2. Pledge of Allegiance
3. Approval of Minutes and Invoices
4. Consent Agenda
5. New Business, including Public Hearings
6. Other Business
7. Announcements and Correspondence
8. Adjournment
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B.
The presiding officer may change the time an item i. 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.
The City Manager maintains a record of the items scheduled
to appear on the meeting agenda.
If a member of the governing body 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 by Wednesday at -5106--p.m. JR- ~
If a citizen re~ests to appear before the Governing Body
or requests an 1tem to be placed on the Agenda, the City
Manager may determine the meeting date and time for which
the item(s) will be considered by the governing body.
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." The
Governing Body may use its discretion on the decision to
take formal action on nonscheduled citizen request items.
C.
Members of the Governing Body and staff may ~resent items
under Other Business that will be d1scussed and
deliberated for the first time. These items, should, for
the most part, be informational. The Governing Body has
the authority to request action or take a formal ~osition
on the item(s); however, this shall be done on an 1tem by
item basis.
E. with the adoption of By-Laws, a Consent Agenda is created.
The purpose of the Consent Agenda is to reduce the amount
of Governin9 Body time spent on routine and
noncontrovers1al items. The City Manager has the
authority to prepare a calendar or list of routine and
noncontroversial items to be adopted or approved by the
governing body by general consent.
At the City Manager's discretion, a Consent Agenda may be '\
incorporated into the Agenda Order of Business between No. ~)
3, Approval of Minutes and Invoices, and NO.4, New
Business.
A member of the governing body may eliminate an item from
the Consent Agenda for individual discussion and action.
A member may simply request an item to be off the Consent
Calendar and the item will be placed on the regular agenda
by the Mayor as the last item(s) scheduled under new
business.
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F. The presiding officer may call a recess at any time during
the meeting. The purpose of the recess is to provide the
governing body, staff and individuals at the meeting a
short and brief 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 5
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.
A smaller number of members which do not constitute a
quorum (less than 3) may convene on occasion, but may not
transact official business.
B. The voting options available to the governing body when a
vote has been initiated are: aye - an affirmative vote:
naf - a negative vote; and abstain a neutral vote,
ne1ther affirmative nor negative.
When a vote is to be taken, the presiding officer shall
first call for the ayes, then the nays, and if applicable,
shall call for the abstentions. The votes of each member
shall be recorded in the Minutes. If a member of the
governing bodf is absent during a vote, the member's vote
for the offic1al Minutes shall read as "absent".
C. A majority vote of all members of the Governing Body (3/5)
shall be necessary for approval of any ordinance unless a
larger number is required by statute. Exce~t as otherwise
provided by statute, or these By-Laws, a maJority vote of
a quorum is necessary for the approval of all general
motions and resolutions.
SECTION 6
MINUTE PREPARATION
A. The City Manager is responsible for the minutes of the
Meeting. The meeting proceedings will" be tape recorded
and noted by hand by the Executive Secretary or a
designated representative from the City Manager's Office.
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The following two requirements for Minute preparation
shall be adhered to:
1. All motions typed in capital letters.
2. List the names of the governing body after their vote
on each motion.
Beside the addition of Numbers 1 and 2 above, the Minutes
shall be ~repared consistent with the existing style as of
the adopt1on of these By-Laws.
B. The official Minutes shall be prepared and presented to
the Governing Body at the next regularly scheduled
meetin~. The Minutes do not have to be read aloud. The
Govern1ng Body 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 s~ecific as to place, paragraph, and sentence, if
appl1cable.
Ap~roval 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 Janua~ 1, 1983 will be retained in
hard copy and computer f1le copy.
3. All tape proceedings, excluding public hearings, must
be kept for a minimum of 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. .~
A copy of the Minutes of the~eeting shall be distributed
on the Thursday (in some instances on the Friday)
following the regularly scheduled meeting together with
the agenda for the upcoming meeting. The Minutes of the
previous meeting shall be given to:
D.
1. Mayor and City Councilmembers
2. Selected Staff members
3. Planning and Zoning Commission members
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4. Economic Development Committee members
5. Selected Media Personnel
A copy of the Agenda and Minutes are available upon
request to the public.
E. Remarks made by a member of the governing body 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 bf the Executive Secretary by way of synopsis,
or verbatim, 1f an individual member requests a verbatim
record.
A verbatim transcript request to be prepared by Staff Of)
all or any part of a meeting, whether re9Uested by the
~dy, st1fff, or general publ1c, requires a
motion, second and a majority vote of the members present'
to be approved. I
SECTION 7
ROLES AT MEETING
A. The Minnesota Open Meeting law requires meetings (with few
exce~tions) of all municipal bodies to be open to the
publ1c.
The Governing Bodf of Prior Lake encourages citizen
attendance. Attend1n9 the meetin9s helps to develop a
more enlightened and 1nterested c1tizenry, which in turn,
makes citizens more aware of the City's problems and
difficult issues.
Minnesota State law does not expresslf permit citizens to
take an active part in the meet1ng ~roceedings or
intervene directly in the conduct of bus1ness. However
the Governing Body, through the By-Laws, 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 1nput, 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 confine their remarks to the issue
under consideration. The presiding officer may use
his/her discretion when an individual member of the public
requests to speak more than once on a single issue.
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C. Immediately after the citizen input is finished on the
issue, the members of the Governing Body take turns
addressing the issue. Each individual member of the
governing body may recognize a member of the public when
the member has been recognized to speak by the presiding
officer. Members of the governing body must use judgment
and discretion when recognizing members of the public to
speak during the time they have the floor.
D. Two speaking procedures will be used by the Governing
Body: formal and informal. The presiding officer shall
inform the public what procedure will be used during the
discussion on a particular issue.
Formal procedures are when the public must address the
Governing Body at the podium and shall state their name
and address. Informal procedures are when the public may
address the Governing Body from a standing or sitting
position at their chair and shall state their name and
address. When an individual is recognized to speak more
than once on any single issue the individual does not have
to restate their address.
E. Members of the general public, interested parties or their
authorized representatives may address the Governing Body
b~ written communications in regard to matters under
d1scussion. Written communications may be read aloud at
the meetin9 if so requested by the author or a member of
the Govern1ng Bodr. The communication(s) shall be read by
the presiding off1cer or his/her designee.
F. The Mayor has the same voting powers as do the Council
members. 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.
G. The Mayor shall be the presidin9 officer at all meetings.
If the Mayor is absent, the Act1ng 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
amon9 itself a member to preside at the meeting. The
pres1ding 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 authorit!,
although considerable, should not be freely used n
sup~ort of the presidin9 officer's own convictions. That
off1cial has an obligat10n to be impartial and objective
in conducting the meeting.
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H. In statutory cities, the right of presiding officers to
make and second a motion is implied from their privilege
of voting and taking part in the regular deliberations of
the meeting, however, the Council is authorized to adopt
rules of procedure which can limit the presiding officer's
power by these rules.
The only limitation on the presiding officer is that
he/she must "pass the gavel" to the Acting Mayor and/or
temporary presiding officer ~rior to making a motion. The
gavel must remain passed unt1l a vote on the motion is
taken and recorded.
The presidin9 officer does not have to "pass the gavel" to
second a mot1on made by another member of the governing
body.
The presiding officer is responsible for maintaining order
at the meetings. Although meetings must be open to the
public, no person who is noisy or unruly has a right to
remain in the Council Chambers. When individuals abuse
their rights to be present, the presiding officer, subject
to overrule by the 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
the audience, except when a
floor and they expressly
audience who desires to
consideration.
recognize all speakers from
member of the Council has the
recognize a member of the
speak on the issue under
The presiding officer has the responsibility to facilitate
discussion by the Governing Body. 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.
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I.
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 tim~ for the purpose of
delaying or embarrassing others, the presiding officer may
rule the motion out of order on his/her own initiative.
One member of the Council shall serve as Acting Mayor as
appointed by the Council at the Annual Meeting of the
Governing Body. See section 3. The Acting Mayor shall
preside at all meetings when the Maror is absent from the
meeting. When the Acting Mayor 1S presiding at the
meeting, he/she shall assume the authoritr and
responsibility of the presiding officer at the Meet1ng as
specified within section 7.H of the By-Laws.
All members of the Governing Body may vote whenever a vote
is taken.
Councilmembers' statutory duties are to be performed,
almost without exception, by the Council as a whole. The
Council as a body is charged with formulating policies and
exercising City powers delegated to them by Statute.
As individuals, Councilmembers have no administrative
authority. As a Council, however, the legislative body
has authority over the appointed City Manager. In Plan B
cities, this authority is restricted to conducting
investigations and establishing policies for execution by
the Manager.
One of the primary functions and responsibilities
Councilmember is participation at meetings.
Councilmember has full authoritr to make and
motions and participate in discuss1ons.
J. The City Manager shall attend all meetings of the
Governing Body with the right to take part in the
discussions, but not to vote. See City Code 1-6-4. In
the absence of the City Manager, the Assistant City
Manager shall serve as the City Manager's representative
at the meeting.
of a
Each
second
K. The Department Heads may attend all meetings. The
Department Heads shall attend the meetings when directed
by the City Manager.
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L. 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 governing body 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.
SECTION 8
MOTIONS, RESOLUTIONS, ORDINANCES
A. The Governing Body 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 Governing Body in any of the
three methods require a majority vote for ap~roval. The
specific majority required for each is spec1fied in the
By-Laws.
B. Motion: A motion is a matter of parliamenta~ procedure.
Motions are a formal method of bringing bus1ness before
the Governing Body 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 Governing Body 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 ori 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 Governing Body 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 a9ainst it, and two abstain from voting, the motion
is cons1dered passed. .
The following motions will be available for use by the
members:
1. Main Motion - An act to bring substantive proposals
before the Governing Body 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 By-Laws.
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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
deliberated and has not been voted upon
changed or modified by a motion, a
deliberation and a subsequent vote. The only
that may be amended are the main motion and a
to amend the main motion.
is being
may be
second,
motions
motion
4.
Post~one Definitely Motion - A motion to put off
cons1deration or d1scontinue 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.
Vote Immediately Motion (Previous Question) - A
motion to prevent or stop deliberation on a pending
motion and to bring the pending motion to an
immediate. vote. A motion to the "Previous Question"
requires a second and a two-thirds majority vote to
pass, however, no discussion is allowed on the
motion. Two votes are required when a Previous
Question motion is seconded. The first vote is to
close the debate (requires two thirds majority vote)
and, if that ~asses, the second vote is then on the
original mot1on being deliberated prior to the
Previous Question being called. . If the close the
debate motion fails, then deliberation on the
original motion continues.
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 second,
deliberation and a subsequent vote. The Governing
Body 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.
5.
6.
7.
Withdraw a Motion - Any member of the governing body
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.
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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 governing body mar request a motion to
be divided into two or more ind~vidual 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 eli9ibility of
a motion which has been re9Uested to be d1vided into
two or more individual mot10ns.
9. Privileged Motion - These motions do not relate to
pending business, but have to do with special matters
of immediate and overriding importance, which without
any debate, shall be allowed to interrupt the
consideration of anything else. These motions can be
made at any time, even if another motion is being
considered at the time, and they must be settled or
voted ul?on immediately. Motions "a" and lib" below
cannot 1nterrupt a speaker, while motion "c" below
can interrupt a speaker.
a)
~ourn the Meeting - Requires a motion, second
ana a majority vote of the members present to
pass.
Take a Recess - Requires a motion, second and a
majority vote of the members present to pass.
Questions of Privilege and Point of Information
- Does not require a second or a vote, unless it
is objected, where upon the motion must be
seconded and put to a vote. primary purpose is
to correct an attack or inaccurate statement
made by an individual to a member of the
Governing Body. 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.
b)
c)
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10. Point of Order - Whenever a member thinks that the
rules of the Governing Body are being violated,
he/she can make a Point of Order. Whenever a
question of the order is called, the presidinq
officer shall make a rulinq on whether the Governinq
Body 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. Appeal Decision of Chair - The presidinq officer will
be called on to rule on questions of ~arliamentary
law. The decisions of the presidinq off1cer may be
appealed by the qoverninq body. 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.
C. Resolutions - Resolutions should be used for any action of
a tem~orary, routine, or administrative nature.
Resolut10ns will also be used to comply with statutory
requirements for certain administrative procedures.
Resolutions, rather than motions, are normally used to
reflect a stronqer Governinq Body 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.
The Cit~ Manager will maintain a record of all hard copy
resolut1ons and will be responsible for the proper
numbering and execution of each resolution adopted by the
Governing Body.
D. Ordinances - An ordinance shall be used when the Governing
Body action regulates or governs ~eople or property and
provides a penalty for its violat10n. As a result, all
police regulations for public health, morals, economic
well-being, welfare and safety must be passed in ordinance
form.
Ordinances ma~ also be used to provide permanent rules for
the organizat1on and operation of the Governing Body.
The adoption or amendment of an ordinance shall follow the
current procedures in effect for the consideration and
passage of the same.
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 law or these By-Laws.
14
after an ordinance has been
Minnesota statutes sec~
~~ ~
All final drafts of an ordinance shall. be prepare~ by the fi
City Attorney and may 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 procedure to be followed
enacted shall be governed by
412.191.
The city Manager will maintain a record of all ordinances
and will be responsible for the Prior Lake City Code and
codification requirements.
SECTION 9
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 governing body to open all public
hearings at the predetermined and published time.
From a practical stand~oint not all hearings can be
opened at their des1gnated time. The presiding
officer may delay the start of a hearing until the
business at hand is acted upon, in any manner, by the
Governing Body. In no circumstances can a hearing be
o~ened prior to the predetermined and published
t1me.
It will be the general policy of the Governing Body
to open and conduct hearings at their established
time.
3.
The presiding officer reads from the
the details on the hearing sufficient
public a general understanding of the
hearing.
The Executive Secretary shall
audience a sign-up sheet with
address and phone number. This
part of the hearing record.
hearing notice
to provide the
purpose of the
2.
pass out to
columns for
sheet shall
the
name,
become
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.
15
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. This period shall be
governed by Section 7.B A of these By-Laws. The
presiding officer or individual member of the
90verning body who has the floor can recognize
1ndividual members of the public for speaking
purposes within the parameters of Numbers 8 and 9
below.
The governing body addresses the
through deliberation, questions to
Staff, and reactions and statement of
subject.
9. The Governing Body may take action on the subject
matter.
8.
subject matter
citizens and
position on the
10. The presidin9 officer closes the public hearing and
states the t1me the hearing is closed.
B. If the governing body 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 reopen the hearing for further
deliberation and possible action.
No additional ~ublication or notice requirements are
needed if a hear1ng is continued to a later date.
SECTION 10
COMMITTEE STRUCTURE
A. The existing Committees of the Governing Body and their
regulatory provisions are as follows:
1.
Planning Advisory Commission:
2-3-4.
City Code 2-3-1 to
2.
Economic Development Committee:
adopted By-Laws.
3. Liquor Committee: Governing Body appoints first
meeting in January.
Governing
Body
The Planning Commission has been established by statutory
authority and the structural composition and Commission
rules are set forth in the City Code.
16
B.
The Economic Development Committee was created in May,
1983 and established through a set of Governing Body
approved By-Laws. The By-Laws can be amended from time to
time by the Governing Body.
The Liquor Committee is appointed on an annual basis by
the Governing Body. The committee membership is
determined at the annual meeting in January and the
Committee meets on an as needed basis only.
Vacancies in the Planning Commission and
Development Committee shall be filled in the
manner:
Economic
following
Notice of vacancy is made public
individuals may be contacted and
consider the position.
2. The City Manager, Mayor and Department Head, together
with other members so appointed by the Governing
Body, shall interview all candidates and make a
recommendation to the full Governing Body.
1.
and interested
encouraged to
3. The City Manager shall present the recommendation to
the Governing Body and they 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 Governing Body may establish 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 By-Laws, motion, resolution or ordinance.
Two forms of Committees may be established:
Special Committees: normally appointed for a definite
period of time in connection with a single transaction or
project.
Standinq Committees: normallf appointed for work which is
continuous or repeated from t1me to time during the year.
Example: Liquor Committee.
The Committees shall consist of as many members and
perform such duties as the Governin9 Body may require. In
general, Committees will be author1zed to exercise all
duties which the Governing Body has legally assigned to
them (conduct investigations, make reports on facts,
interview individuals), however, the Committees may not
make decisions regulated. to the Governing Body by
statutory authority.
17
SECTION 11
PROVISIONS
A. Such other rules that the Governing Body deems appropriate
may be enacted. All matters of ~rocedure not specified
herein shall be governed by the C1ty Code, State Statutes,
or Federal Laws, whichever is applicable to the procedure
in question.
B. These By-Laws shall govern the procedures of the Prior
Lake Governing Body immediately u~on adoption. If an
issue is raised or point is made wh1ch is not covered in
the By-Laws, the procedures to respond to the issue or
point shall be governed by Roberts 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.
18
SECTION 12 - REIMBURSEMENT FOR EXPENSES
Effective upon adoption, the following regulations will govern
all travel, mileage and meal reimbursement expenses in the
conduct of official Council business:
Reimbursements for meals and parking are
refund actual costs incurred. A receipt is
reimbursement for each. No alcohol related
eligible for reimbursement.
2. Reimbursements 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 itemizes as "from" and "to" when possible.
intended to
required for
beverage is
1.
3. Mileage reimbursements must be accompanied by an
itemized listing of the date, and the pu~ose for the
trip. Mileage rate will be consistent w1th the rate
offered to City employees which is established
according to the Federal Standards.
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
Regional Transit Board
Metropolitan Waste Control Commission
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
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 non eligible organizations will be
considered on a case by case basis.
7. A Counci1member 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 Counci1member or on the attending
Councilmember's own action.
19
LIST OF PERSONS WHO HAVE THE BYLAWS MANUAL
Mayor and all Councilmembers
Planning Commission Members
City Manager
All Department Heads
City Attorney
Executive Secretary
Council Chambers Copy
5
5
I
6
1
1
1
20
1993 FEE SCHEDULE
City of Prior Lake
ASSESSMENT RATES:
Sewer Rate for Unassessed Parcels*
Water Rate for Unassessed Parcels*
Sewer & Water Acreage Charge*
Collector street Acreage Char~e*
Storm Water Charge* (resident1al)
SEWER & WATER RATES:
Capital Facility Charge
Storm Water Charge
SERVICE CHARGES:
Assessment Search
Plumbing Registration
School District Rental of Antenna Space
FIRE & RESCUE SERVICE:
Ambulance Rate
Fire Call
Fire, Rescue Agreement/Credit River
Fire, Rescue Agreement/Spring Lake
40.00/ff
20.00/ff
2750.00/ac
750.00/ac
16.8/sf
1.05/1000 gals...water
2.10/1000 gals...sewer
5.00/billing cycle
TBD
10.00
10.00
200.00
300.00
350.00
35,975.00
35,750.00
LIQUOR LICENSES:
On Sale Intoxicating 5,150.00
Sunday Liquor 200.00
Off Sale Intoxicating 150.00
Off Sale Non-intoxicating 50.00
Set Up License 100.00
On Sale Non-intoxicating 200.00
Wine License 1,250.00
Club License 650.00
Investigation Fee-On/Off Intoxicating 500.00/10,000 (maximum)
Investigation Fee-On Sale Non-intoxicating 100.00
Investigation Fee-Off Sale Non-intoxicating 50.00
Temporary On Sale Non-intoxicating(1-3 day) 25.00
MISCELLANEOUS LICENSES:
Cigarette License
Personal Service Masseuse License
Investigation Fee
Bingo/Gambling License
Outdoor Concert Permit
Taxi Cab License
Dog Licenses
Dog Boarding Fees
Kennel License
Redemption of Dogs
Refuse Haulers
30.00
100.00
500.00 (maximum)
10.00/100.00
200.00
100.00
50.00-each additional cab
5.00/10.00
7.50
50.00
10.00-1st licensed
15.00-lst unlicensed
25.00-2nd Offense
100.00-3rd Offense
l25.00-1st Truck
25.00-each addn'l truck
25.00-roll off containers
1993 FEE SCHEDULE
City of Prior Lake
PERMITS:
Building Permit
Plan Review
Plumbing Permit
Mechanical Permits
Sign Permit
Solicitor Permit
Moving Permit
Excavation/Filling Permit
See State Building Code
65% of Bldg. permit fee
6.00 per fixture
Graduated Fee Schedule
25.00-1st 40 sq. ft. plus
.25/sq. ft. thereafter
50.00
50.00
50.00
CONNECTION PERMIT CHARGES:
Water Tower Fee
Metro Sewer Availability
Water Connection Charge
Sewer Connection Charge
Collector Street Charge
Water Meter
Pressure Reducer
Frost Plates
Water Inspection
Sewer Inspection
Septic System Permit
500.00
750.00
350.00
350.00
250.00
95.00
45.00
7.50
17.50
17.50
40.50
PARK PERMITS:
Park Daily Admission
Boat Trailer Parking
Park Reservation (resident)
Park Reservation (non-resident)
Park Season Sticker (resident)
Park Season Sticker (non-resident)
Athletic Facility Use Permit
On-site Park Program Surcharge
(non resident only)
Park Support Fees
4.00
7.00
35.00
100.00
15.00
25.00
35.00
5.00
350.00
ZONING/SUBDIVISION:
Home Occupation Permit
Variance Fee
Vacation Fee
Conditional Use Fee
Rezoning
P.U.D.
Subdivision Fee (application)
Hardshell Fee
Administrative Plat Fee
Com~rehensive Plan Amendment
Zon1ng Code Amendment
Letter of Credit
(residential building relocation)
25.00
75.00
100.00
100.00
200.00 + 2.00/gross acre
300.00 + 4.00/gross acre
200.00
5.00/lot
75.00
500.00
100.00
. . .
5,000.00
MUNICIPAL FINANCING APPLICATION FEES:
TIF Application
IDRB Ap~lication
Annexat10n Filing Fee
500.00
500.00
500.00-2500.00
1993 FEE SCHEDULE
City of Prior Lake
PUBLICATIONS:
Agenda Reports (annual)
Audit Booklet
Sign Ordinance
Budget Booklet
CIP Booklet
comprehensive Plan Booklet (park & planning)
Subdivision Booklet
Zoning Ordinance Booklet
Police Accident Reports
Plan Sets
City Code Book
AGENDA/MINUTES: (annual)
City Council Agenda
Planning Commission Agenda
City Council Minutes
Planning commission Minutes
Copies
MAPS:
City Maps
Blue Line Prints
35.00
10.00
10.00
15.00
15.00
15.00
15.00
15.00
5.00
15.00
50.00 (purchase)
10.00 (annual update)
15.00
15.00
35.00
35.00
.50/ea.
1.00
Developers will be given 1 set of S&W
asbuilts at no charge-addn'l prints
will be charged $3.00 per blueline.
8.00 per acre
.45 ea.
Topo Maps
SAND BAGS:
* Rate subject to adjustment annually by City
Council per Engineer's Cost Index