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HomeMy WebLinkAbout10 - City Council Bylaw Revisions AGENDA ITEM: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: 10 FRANK BOYLES, CITY MANAGER CONSIDER APPROVAL OF CITY COUNCIL BYLAW AMENDMENTS MAY 3, 1993 Under the city Code, the city Council has established bylaws to more specificallY define its operating rules and regulations. At the Council's annual meeting in January, the Bylaws must be reviewed. If they are amended at that time three votes are required. If the bylaws are amended by the council at any other time, a four-fifths vote is required. Various Councilmembers have contacted me expressing concern about certain portions of the Bylaws. councilmember White has indicated his concern that the Bylaws do not provide for a regular means through which he can kee~ the council apprised of ongoing metropolitan 1ssues and le9islative matters in order that he has suffic1ent'direction to guide his participation on various boards and agencies. other Councilmembers have asked' that the Bylaws clarify the rights and obligations of the council and individual councilmembers when they attend board and agency meetings while receiving expense reimbursement from the city. I have reviewed the Bylaws and am recommendin9 a number of changes: Among the non-substant1ve changes are deleting the reference to "governing bodies" and inserting City council. I have revised the Council meeting format to allow for presentations to take place before the end of the meeting. Another change is the inclusion of a New Business portion of the meeting to signal to the Council that these are items they have not dealt with in the past. 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 I Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPlDYER ISSUES: The most substantive change deals with Chapter 12 - Reimbursement. I have added a new #1 which clarifies that reimbursement is subject to the allocation which has been made in the budget for that particular line item. The second change requires that any councilmember receiving reimbursement from the City for participation in groups and or9anizations is re~ired to represent the maJority of the Counc1l's point of view before that Board or Agency. To assure that the Council's point of view is known, the City's representative to a Board or Agency is expected to review appropriate issues with the city Council to solicit their position whenever possible prior to espousing a specific position before another body. I believe that the City Council should continue to encourage participation on various metropolitan area boards and agencies. The participation should reflect the values of the city Council. The following alternatives are available: 1. Adopt the Bylaws as recommended. 2. Further revise the Bylaws as the Council sees fit and adopt the revisions. 3. Take no action. RECOMMENDATION: option 11=1 o.r. #2 are recommended since the changes to the Bylaws improve them as a guideline to the Council's day to day work activities. ALTERNATIVES: ACTION REQUIRED: Motion' to amend the bylaws as recommended herein, or in accordance with Council desires. The other option is to take no action at all. BYLAW4 CITY OF PRIOR LAKE, MINNESOTA MAYOR AND CITY COUNCIL BYLAWS . ADOPTED REVISED REVISED - REVISED REVISED ON MAY 27, 1986 JANUARY 2, 1990 JANUARY 7, 1991 JANUARY .4, 1993 MAY 3, 1993 FRANK F. BOYLES CITY MANAGER SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 SECTION 7 SECTION 8 SECTION 9 SECTION 10 SECTION 11 SECTION 12 SECTION 13 TABLE OF CONTENTS .PURPOSE . . . ... . . . . . . . . . . . MEETINGS AND SPECIAL MEETINGS . . . . . . ANNUAL MEETING ............. MEETING AGENDA FORMAT . . . . . . . . . . QUORUM AND VOTING PROCEDURES . . . . . . MINUTE PREPARATION . . . . . . . . . . . ROLES AT MEETING . . . . . . . . . . MOTIONS, RESOLUTIONS, ORDINANCES . . . . PUBLIC HEARING FORMAT . . . '. . . . . . . COMMITTEE STRUCTURE . . . . . . . . . . . PROVISIONS . . . . . . . . . . . . . . . REIMBURSEMENT FOR EXPENSES . . . . . . . MISSION STATEMENT . . . . . . . . . . . . Page 3 1 3 3 5 5 7 10 13 15 16 19 20 SECTION 1 PURPOSE A. purpose of the Prior Lake city provide the members of the city operating procedures designed to council meetings. B. The By-Laws were prepared so as to promote an efficiently and effectively run Council meeting while assuring the opportunity for public input. council Council guide By-Laws is with a set them during to of the c. The By-Laws shall be considered and adopted at a Regular Meeting of the Prior Lake City Council. An amendment may be proposed by any member of the city Council. Any changes or amendments to the By-Laws 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 By-Laws amendment occurs. 4. The vote is taken. Ratification occurs as follows depending upon whether the motion is considered at : the Council's annual meeting or during a regular or special Council meeting: a) Annual Meeting - Approval to a duly motioned and seconded amendment to the By-Laws requires a simple majority vote of the members present. b) Re~lar or Special Meeting - Approval of a dUly mot1oned and seconded amendment to the By-Laws at any re9ular or special meeting during the year requ1resa 4/5 (80%) vote of the City Council. All amendments proposed at a m~eting other than the annual meeting not receiving 80% of the vote do not pass. 5. 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 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 City Council Chambers, unless previously designated or published. 1 When a regular meetin9 is projected to fall on the same day as that of an off1cial 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 Mana~er to determine the amount of business pending and dec1de by consensus to reschedule or cancel the meeting. If a decision cannot be decided by consensus, a simple majority vote of the city Council shall prevail. The city Manager shall post paper the dec1sion of the reschedule the meeting. unusual circumstances) notice and publish in the City Council to cancel or (See Policy 88-01 regarding 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 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.) c. 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. D. The Agenda aR8 A~Bnda Rcpere will be prepared by the city Manager and shall be available the Thursday before' the following Monday meetin~. The Agenda Shall include the items set forth in Sect~on 4.A Order of Business. The city Council has the authority to change the agenda time the individual items are to be considered. The city council may change the agenda time only between items 3 and 4 as set forth in 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 meeting is conducted. The city Manager may provide additional items for public inspection at the meeting depending upon the business on the Agenda. E. 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 the reasons(s) that the member cannot be in attendance at the meeting. 2 SECTION 3 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. Yearly appointments. 3. Yearly fee schedule. 4. Yearly approval of City council appointed Committee By-Laws and Procedures. City council requirement 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 City Council may use discretion in the amount of time spent reviewing the By-Laws during the Annual Meeting. 5.' By-Laws review for approval of simple majority amendments or any Any amendments made to the By-Laws at the Annual shall follow the procedure set forth in Section these By-Laws. Meeting ,1.C, of 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 w1ll attempt to prepare an agenda that, follows this procedure: 3. 4. 5. (," ,S: {'"?T. LA ~-- I . (t/ ~. 1. Call to Order Pledge of Allegiance Approval of Minutes Consent Agenda Presentations and Proclamations '\ /J CL\.,.....<:'-. J...l. ()......~ New Business, including Public Hearings Other Business - Including Councilmember Reports Announcements and Correspondence Adjournment 2. 3 B. The ~residing officer may change the time an item is to be cons1dered 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 Councilor requests an item to be placed on the Agenda, the City Manager may determine the meeting date and time for which the 1tem(s) will be considered by the City Council. 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 City council ma~ use its discretion on the decision to take formal act10n on nonscheduled citizen request items. Members of the city council and staff may' ~resent items under other Business that will be dlscussed 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 By-Lawsy a Consent Agenda is created. The purpose of the consent Agenda is to reduce the amount of City council time spent on routine and noncontroversial 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 City Council 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 No.4, New Business. A member of the City Council 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. 4 F. The presiding officer may call a recess at any time during the meetin9. The purpose of the recess is to provide the City Counc1l, 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 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 City Council when a vote has been initiated are: aye - an affirmative vote; nay - a negative vote; and abstain a neutral vote, neither 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 City council is absent during a vote, the member's vote for the official Minutes shall read as "absent". c. A majority vote of all members of the City Council (3/5) shall be necessary for approval of any ordinance unless a larger number is required by statute. Except 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 br the Executive Secretary or a designated representat1ve 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. 5 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 By-Laws. 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 Governing Body shall review them and the ~residing officer shall call for any additions or correctlons. If an addition or correction is presented, the change must be s~ecific as to place, paragraph, and sentence, if appl1cable. 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 l, 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 one year from the date of recording. 0) ,) .,jt f''''~ D. \3 V r ~J v ,I; 'vi 4. All tape proceedings that must be kept for seven recording. include public years from the hearings date of A copy of the Minutes of the meeting shall be distributed the week following the regularly scheduled meeting with the agenda packet for the next meeting. The minutes of the previous meeting shall be given to: 1. Mayor and City Councilmembers 2. Selected Staff members 3. Planning and zoning commission members 6 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 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 b~ 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 requested by the Staff of all or any part of a meeting requested b~ a member of the general public, or their representat1ve, requires a mot1on, second and a majority vote of the members present to be approved. A fee for the transcript shall consist of reasonable costs for preparin9 such transcript, i.e. hourly wage, fringe benefits, copY1ng and mailing costs. 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 City Council of Prior Lake encourages citizen attendance. Attending the meetings helps to develop a .more enli9htened and interested citizenry, which in turn, makes cit1zens more aware of the City's problems and difficult issues. 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 By-Laws, recognizes the importance of timely and orderly citizen input at the meetings. B. On the majority of the A~enda 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. 7 c. Immediately after the citizen in~ut is finished on the issue, the members of the C1t~ Council take turns addressing the issue. Each ind1vidual 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 Cit~ Council must use judgment and discretion when recogniz1ng members of the public to speak during the time they have the floor. D. Two speaking procedures will be used by the city Council: 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 city council at the podium and shall state their name and address. Informal procedures are when the public may address the City council 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 city council by written communications in regard to matters under discussion. Written communications may be read aloud at the meeting if so requested by the author or a member of the City Council. The communication(s) shall be read by the presiding officer or his/her designee. F. The Mayor has the same voting powers members. The Mayor may vote whenever he/shedoes not have any extra voting results in a tie. as do the Council a vote is taken and powers if the vote 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 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 authorit~, although considerable, should not be freely used 1n support of the presiding officer's own convictions. That official has an obligation to be impartial and objective in conducting the meeting. 8 H. In statutory cities, the right of presiding officers to make and second a motion is implied from their privilege of votin~ and taking part in the regular deliberations of the meet1ng, however, the council is authorized to adopt rules of procedure which can limit the presiding officer's power by these rules. 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 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 his/her own initiative. 9 I. One member of the Council shall serve as Actin9 Mayor as a~pointed by the Council at the Annual Meet1ng of the C1ty Council. See section 3. The Acting Mayor shall preside at all meetings when the Mavor 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 city council 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 authority to make and motions and participate in discussions. of a Each second J. The City Manager shall attend all meetings of the city Council 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. K.. The Department Heads may attend all meetings. The Department Heads shall attend the meetings when directed by the City Manager. L. A memorandum report or brief explanation of each agenda item shall be included in the Agenda Report that accompanies the Agenda. The informat1on provided by Staff should serve to inform the CitV Council on the subject matter under discussion. The 1nformation should explain in detail the Staff comments or work, or state that Staff will present the necessary details and comments at the meeting. 10 SECTION 8 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 reguire 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 parliamentary procedure. Motions are a formal method of bringin9 business before the city council and for stating propos1tions on which a decision will have to be made. It also can be used in the form of a proposal so that the city council can act by resolution or by ordinance. Motions may be used to introduce resolutions and ordinances, to amend them, and to take any other actions concerning them. Motions may also be used for action on simple administrative acts, such as, approving the monthly department reports. 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 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 city council for consideration and action. After the motion is stated and seconded, the subject of the motion may be deliberated and voted upon. Deliberation may take place by the Mayor, Council, Staff or the general public as long as the procedures for citizen input are followed pursuant to Section 7.B of these By-Laws. 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. 11 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. 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. 5. 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 mot10n being deliberated prior to the Previous Question being called. If the 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 second, deliberation and a subsequent vote. ,The city Council then votes on the substitute motion and if 'that passes, the original motion dies. If the substitute motion fails, the deliberation 6n the original motion continues. 7. withdraw a Motion - Any member of the Citr Council who has made an allowable motion (1-6, Sect10n 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 OI 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. 12 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 re9Uested to be divided into two or more individual mot1ons. 9. Privileqed 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 u~on immediately. Motions "a" and "b" below cannot 1nterrupt a speaker, while motion "c" below can interrupt a speaker. b) a) Adiourn the Meetinq - Requires a motion, second and 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 privileqe 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 inaccura~e statement made by an individual to a member of the City Council. In addition, these motions may be used for such pu~oses as to move to a position where the proceed1ngs 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. c) 13 lO. 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 ~residing officer shall make a ruling on whether the C1ty 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. Appeal Decision of Chair - The presiding officer will be called on to rule on questions of ~arliamentary law. The decisions of the presiding off1cer 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. 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. 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 city Council. D. Ordinances - An o~dinance shall be used when the Governing Body action regulates or governs people or property and provides a penalty for its violation. 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 ~ermanent rules for the organizat10n and operation of the C1ty Council. 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 The procedure to be followed after an ordinance has been enacted shall be governed by Minnesota statutes Section 4l2.l9l. 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 approval by Council, 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 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 city Council 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 th~ start of a hearing until the business at hand is acted upon, in any manner, by the City Council. In no circumstances can a hearin9 be opened prior to the predetermined and publ1shed time. -It will be the general policy of the City Council to open and conduct hearings at their established time. 2. The presiding officer reads from the the details on the hearing sufficient public a general understanding of the hearing. hearing notice to provide the purpose of the 3. The Executive Secretary shall audience a sign-up sheet with address and phone number. This part of the hearing record. 4. The presiding officer announces the type of input to be received by the citizens - informal or formal. pass out to columns for sheet shall the name, become 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 Cit~ council who has the floor can recognize ind1vidual members of the public for speaking purposes within the parameters of Numbers 8 and 9 below. 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. lO. The presidin9 officer closes the public hearing and states the t1me the hearing is closed. B. If the Cit~ 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 reopen 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 lO COMMITTEE STRUCTURE A. The existing Committees of the City Council and their regulatory provisions are as follows: 1. Planning Advisory Commission: 2-3-4. city Code 2-3-1 to 2. Economic Development Committee: City Council adopted By-Laws. 3. appoints first Liquor Committee: City Council meeting in January. The Planning Commission has been established by statutory authority and the structural composition and Commission rules are set forth in the City Code. 16 The Economic Development Committee 1983 and established through a approved By-Laws. The By-Laws can time by the City Council. was created in Mar, set of city Counc1l be amended from time to The Liquor Committee is appointed on an annual basis by the City Council. The committee membership is determined at the annual meeting in January and the Committee meets on an as needed basis only. B. vacancies in the Planning Commission and Development Committee shall be filled in the manner: Economic following 1. Notice of vacancy is made public individuals may be contacted and consider the position. and interested encouraged to 2 . The City Manager, Mayor and Department Head, with other members so appointed by the City shall interview all candidates and recommendation to the full City Council. together council, make a 3. The city Manager shall present the recommendation to the city Council 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 city council 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 Iorms 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: normallr 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 City Council may requi~e. In generaly Committees will be authorized to exerC1se all duties which the city Council has legally assigned to them (conduct investigations, make reports on facts, interview individuals), however, the Committees may not make decisions regulated to the City Council by statutory authority. 17 SECTION 11 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 By-Laws shall govern the procedures of the Lake City Council immediately upon adoption. If an is raised or point is made which is not covered in By-Laws, the procedures to respond to the issue or 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. Prior issue the point SECTION 12 - REIMBURSEMENT FOR EXPENSES Effective upon adoption, the following regulations will 90vern all travel, mileage and meal reimbursement expenses 1n the conduct of official Council business: 1. All reimbursements are subject to the approved budget allocation for such purpose. 2. Reimbursements for meals and parking are refund actual costs incurred. A receipt is reimbursement for each. No alcohol related eligible for reimbursement. 3. 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 4. Mileage reimbursements must be accompanied by an itemized listing of the date, and the pur~ose for the trip. Mileage rate will be consistent w1th the rate offered to City employees which is established according to the Federal Standards. 5. Payment for any eligible reimbursable expenses shall be made after approval by the City Council of the invoices which contains the expenses itemized within. 6. Prior city Council approval is eligible for reimbursement for the or organizations: not required to be following meetings 18 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 Urban Wetland Management Coalition 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 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 aff~r~ the Co~n?il with the opportunity to ex~ress an off1c1al pos1t1on on such matters. Counc1lmembers attending seminars or conferences at city expense are expected to provide the Council with a summary of the meeting. 19 THE WILDS COMPREHENSIVE PLAN AMENDMENT 1. The Comprehensive Plan Amendment will fill the gap between existing MUSA Line and sioux Urban use districts. 2. It is consistent with Met Council desires as expressed on December 13, 1992 that MUSA Line adjustments be accomplished br exchange rather than expansion. It is also consistent w1th Interim Metropolitan Development Investment Framework. 3. The City has received a complete preliminary plat application including an E.A.W., Development Plan and related documents for The wilds development. 4. Met Council has historically put the revision of MUSA Line area at local discretion if there is no regional impact. 5. The City has growing urban demands requiring financial resources. This development provides the opportunity for urban development which includes residential, commercial and recreational uses which provides for employment, and continued urban growth. The Council is responsible to the citizens of Prior Lake to moderate escalating real estate taxes by broadening the tax base. This is particularly important in light of the eroding tax base caused by assessment appeals. 6. This development provides quality encourages further community growth. 7. The development will provide fiscal resources to assist Prior Lake in supplying services to our growing community. development which "WILDCP"