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HomeMy WebLinkAbout9D - City Council Bylaws & Workshop Notes ATE: 'A #: PREPARED BY: AGENDA ITEM: DISCUSSION: ISSUES: ALTERNATIVES: CITY COUNCIL AGENDA REPORT February 16, 1999 ~ ~ ~O ~~ Frank Boyles, City Manager CONSIDER APPROVAL OF AMENDMENTS TO CITY COUNCIL BYLAWS AND APPROVAL OF WORKSHOP NOTES. Historv The City Council conducted its Annual Workshop on January 15, 1999 and January 16, 1999 at the Wilds Clubhouse. Discussion topics for the Workshop included: Council relationships, City Manager performance and salary review, Groundwater issues, County Road 42 Corridor Study, Cable Television, Advisory Committee issues and Subdivision Ordinance and City Code revisions. Numerous additional topics were raised and discussed by Councilmembers. Current Circumstances While the Workshop was a public meeting (except for the City Manager performance and salary review), the City Council typically receives the Staffs notes reflecting our understanding of the Council's general position. The attached notes are separated by topic area. Also included as a separate document is the revised City Council and advisory committee bylaws incorporating the City Council's list of commitments to one another. Conclusion The Council should consider amending and approving the Workshop notes and bylaws amendments as you believe appropriate. The key issue is whether the Council believes the Staff Workshop notes and list of commitments are complete and accurate. 1. Adopt the revisions to the bylaws as submitted or with amendments. 2. Adopt the Workshop notes as presented or with amendments. RECOMMENDATION: Both Alternatives I and 2. Motion and second to approve revisions to the City Council's bylaws (requires a super majority). Motion and second to approve the Staffs Workshop notes. 1620Q:6~~tL(AciNAFl:fS~.~;lRrjJ>E.bO@, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER CITY COUNCIL WORKSHOP '99 Notes From the Sessions PRESENT: MAYOR WES MADER, COUNCILMEMBERS TOM KEDROWSKI, JIM PETERSEN, PETE SCHENCK AND DAVE WUELLNER, CITY ATTORNEY SUESAN LEA PACE, ASSISTANT CITY MANAGER BRET WOODSON AND CITY MANAGER FRANK BOYLES. 1. Citv Council Relationships: A) Every Council member is responsible for maintenance of the relationship on an on- going basis. B) The public does benefit in numeroUS ways from an effective Council relationships. C) There are things the Council is doing effectively now. D) Effectiveness could be improved by reducing the behaviors set forth below as identified by this Workshop's participants: * Bringing up the past because you don't agree with it. * Members voting for or against individuals rather than issues. * When members don't listen to another members point of view. They are too busy deciding what they will say next. They need to listen thoroughly. Lack of active listening. * Inability to listen with an open mind. * Members questioning other members' motives when they don't agree. * A lack of vision. * Bringing a new issue to the table after the Council has met and worked on the issue. * Playing to the camera. * Not keeping others informed of correspondence and conversations. * Failure to have the feel of the good of the citizens. * Stacking Council chambers or letters to support a point of view. * Vendetta voting. * Trying to establish your position through the media or something else. * Biased presentations or data. * Grandstanding for TV. * Asking questions to broadcast your position rather than to get a decision. * Failing to keep an eye on the future good of Prior Lake. * Members talking one way and voting another (trying to appease both sides). * Changing the rules in order to get one's way. Notes From the Workshop - January 15th & 16th i :\cou nci l\workshop99\staffrpt.doc 1 CITY COUNCIL WORKSHOP '99 Notes From the Sessions * Exhibitions of open hostility when there is disagreement on an issue. * Failure to call staff to ask ahead of time because it appears that the members did not read the agenda. . * Not telling Staff your concern or question ahead of time and throwing it on the table making everyone look bad. * Need to talk more. * Being late to meetings. * Councilmembers reversing their decisions on issues when controversy arises. * Personal attacks. * Lack of or non-use of consensus building skills. E) The Council's relationship affects the Staff. Numerous examples were shared. F) The examples of less than effective Council behaviors cited by participants in the Workshop and City Staff members are similar. G) To facilitate and maintain a more effective on-going Council working relationship, The Council agreed to the following commitments at the Workshop. Councilmembers directed that the commitments be incorporated into the City Council bylaws to facilitate awareness and assure that they are updated at least annually: COMMITMENTS . As a courtesy to one another, Councilmembers will expeditiously supply the Council with a copy of any speech, presentation, articles or correspondence prepared as a City official. . Council members will come to official meetings prepared by having read the agenda materials and by alerting the City Manager or staff about questions which they will be seeking answers to at the public meeting. . Councilmembers agree to arrive prior to the appointed time for the meeting. . Councilmembers acting as liaisons to bodies within or outside the organization are expected to keep the remainder of the Council regularly informed about issues of importance. Notes From the Workshop - January 15th & 16th i:\council\workshop99\staffrpt.doc 2 CITY COUNCIL WORKSHOP '99 Notes From the Sessions . Councilmembers will direct questions to appropriate department heads for response. However, Councilmembers will not direct staff to prepare information or conduct work without the concurrence of the Council. . Concerns or complaints about the performance of the staff or manager are to be shared with the City Manager. Staff follow-up will be confined to complainants who identify themselves. . Councilmembers will display respect for one another. . Councilmembers will focus their energies on strategic and policy issues. The City Manager is responsible for the implementation of the Council's policies. . Councilmembers will recognize that the staff is responsible for administering laws adopted by the City Council in an impartial manner and will not request special considerations of any sort for themselves or others. . Councilmembers will at least annually update the City's Strategic Plan and set objectives for staff in the coming year which will realize the long-term objectives. . Councilmembers will recognize they have a fiduciary duty to the City and will endeavor to protect the City. . Councilmembers agree to thoroughly debate their perspectives on policy questions and decisions which come before them, but after the Council votes on the matter, individual Council members recognize that All Council members are expected to support the Council decision. . Councilmembers will strive to achieve consensus on major issues through discussion, debate and workshops. II. City Manaqer Performance Evaluation and Salary Review. The Council expects the Manager work to reduce/eliminate Staff errors and report to Council about any corrective actions taken. The Council also directed that the salary review and employment agreement be placed on an upcoming meeting agenda for action. Notes From the Workshop - January 15th & 16th i :\cou ncil\workshop99\staffrpt. doc 3 CITY COUNCIL WORKSHOP '99 Notes From the Sessions III. Groundwater Issues. Wells: The Council directed Staff to analyze the following options with respect to increasing water supply/conserving existing supply: ./ Summer Rate increase and other disincentives ./ Publicize current disincentives in rate structure ./ Interconnection with other cities ./ Potential to use quarry ./ Applicability of conservation efforts used in other cities nationally ./ Political options for Mount Simon Hinckley Well ./ Radium concerns about Mount Simon Hinckley Well Water Treatment Plant: The Council is not convinced of the need or cost benefit of a water treatment plant and wants resident feedback through survey to see if the public will support the concept given the cost. IV. County Road 42 Corridor Study. Staff was directed to consolidate Planning and Engineering findings into one response and request Council approval of the consolidated response at the January 19, 1999 meeting. V. Cable Television. Staff was directed to obtain resident input on Triax Technical capacity and service through a scientific survey. The Council also determined to pursue an informal renewal process with Triax and cooperate with Savage in sharing pertinent information. VI. Other Issues. Subdivision Ordinance and New City Code: The Council agreed that Staff should use the zoning ordinance approval process as a model to build consensus. Advisory Committees: The Council decided to revise the Lake Advisory and Park Advisory Committee terms to three years with six year limits, and Planning Commission terms to three years with nine year limits. The process will be implemented after the Notes From the Workshop - January 15th & 16th i :\council\workshop99\staffrpt.doc 4 CITY COUNCIL WORKSHOP '99 Notes From the Sessions Bylaws have been amended and as vacancies occur. The Council also agreed that Committees should select their own Chairs. Work Sessions: The Council decided they want to limit the number of work sessions consistent with bonafide subject matter. Meetings: The Councilmembers agreed to informally work to adjourn Council meetings prior to 11 pm. Strategic Plan/Annual Objectives: The Council expects that a work session will be scheduled soon to accomplish updating of the Strategic Plan and establishment of City Manager (Staff) work objectives. Notes From the Workshop - January 15th & 16th i :\cou ncil\workshop99\staffrpt.doc 5 PLANNING COMMISSION BYLAWS ADOPTED MAY 16.1994 Amended January 3, 1995 Amended June 19, 1995 Amended January 2, 1996 Amended January 6, 1997 Amended February 16,1999 SECTION 1 - CITY CODE CHAPTER 3 2-3-1 COMMISSION CREATED, COMPOSITION: A Planning Advisory Commission is hereby created for the City, its purpose to be of an advisory nature to the City Council and staff. Said Planning Advisory Commission shall be composed of five (5) members, appointed by the City Council. Only residents of the City shall be considered for appointment. Said members shall serve as apprentice members from April 1, to June 30 following their initial appointment. During this period, the apprentice members shall attend Planning Commission meetings for the purpose of familiarization with the planning process. Apprentice members may participate in the deliberations of the Commission at the discretion of the Chair, but they shall not have voting privileges. In the case of an appointment to replace a Commissioner before the end of a term, the apprenticeship period may be waived by the City Council. The members regular term shall begin on July 1, and shall run for three (3) ~ years and terminate on June 30 unless the member is reappointed. New Commission members appointed for terms beginning July 1, 1995 shall serve a 3 month apprenticeship period from July 1, 1995 to September 30, 1995. Their terms shall expire on June 30, 1997. 2-3-2 REMOVAL OF MEMBER: Any member of the Planning Advisory Commission may be removed from office for just cause and unwritten charges by a two-thirds (2/3) vote of the entire Council, but such member shall be entitled to a public hearing before such a vote is taken. In addition, any member may be removed for nonattendance at planning Commission meetings without action by the City Council according to rules adopted by the Planning Commission. 2-3-3: MEETINGS, RULES: The Planning Advisory Commission will meet on the second and fourth Monday of each month at 7:00 p.m. in the Prior Lake City Council Chambers, or at such other time as may be deemed necessary, providing adequate notice is furnished of the public meeting. l:IBYLA WSIPCBYLA W.DOC SECTION 7 - OFFICERS: A. Officers - The Chair of the Commission shall be for a 1\\'0 yeM term in Jup.e by the majority VElte of the City Cmmeil after eonsidering the reeElmmeFldations of the Plaooing CommissiElFl. The CommissiEln shall make its reeommendations to the C01:lneil by May 30. The term of the Chair of the Commission shall be two vears beginninl! in June. The Chair shall be nominated from amonl! the Commission's membership and shall be elected bv maioritv vote. The City Planning staff shall serve as secretary of the Commission. B. Chair - the duties of the Chair include: 1. Approval of meeting agendas. 2. Presiding at meetings. 3. Participating with the City Council in the selection of Commission members. 4. Semi-annual reporting to the City Council on all information collected under Sec. 2-3-4 and shall give an accounting of its activities and any information the Commission may consider relevant before the City Councilor as directed otherwise 5. Representation of the Commission as appropriate. C. Vice-Chair - The Vice-Chair shall be selected annually by the Commission and shall perform the duties ofthe Chair in his/her absence. The Vice-Chair shall assume such other duties as assigned by the Chair. D. Secretary - The City Manager or his/her designee shall act as the Secretary and shall be responsible for recording and compiling a written summary of all official activities of the Commission. E. Appointment - The commission shall consist of members appointed by the Prior Lake City Council for a term of three (3) 1\'10 (2) years. Newly appointed members may be required to serve an apprenticeship from April I through June 30 immediately prior to their first term as set forth in 2-3-1. The commission shall be representative of the citizens who live in Prior Lake. Commission members may serve additional terms upon approval by the Prior Lake City Council, based upon satisfactory attendance and participation, continued residence in Prior Lake and in accordance with the term limits policy established by the City Council. F. Vacancies - If the office of Chair becomes vacant the Planninl! Commission City C01:1I1eil shall appoint a replacement as set forth in Section 7A.;-after eonsidering the reeommeBdation afthe Commission. Ifthe Office of Vice- Chair becomes vacant, the Commission shall elect a successor from its membership at the next regular meeting, and such election shall be for the 1:IBYLA WSIPCBYLA W.DOC unexpired term of said office. Should a member resign, or otherwise vacate a seat on the ,,~ )0 G. Perfonnance Criteria - Annually the Committee shall perfonn a written self- evaluation on the following: 1) Implementation of the Preamble. 2) Achievement of Goals and Objectives. 3) Compliance with Bylaws. 4) Formulation of proposals and recommendations and overall accomplishments. 5) Visitation of subject sites as applicable. 6) Annual personal attendance record of at least 75%. The Committee shall forward this evaluation to a review committee comprised of the staff member assigned to the Committee, City Manager, Mayor,and one member of the City Council. The review committee shall present this report and any additional comments to the Council by the first week of December for action and recommendation at the annual meeting in accordance with the Council Bylaws. H. Term Limit - It is the policy of the Prior Lake City Council to impose a three twe term (or-2 e year) service limitation for all appointed positions within the committees and commission. Partial terms do not count toward the term limitation. The purpose of the term limit policy is to encourage resident participation on City advisory bodies and provide community members with the opportunity to participate in their local government. 1. Conflict of Interest - A member shall refrain from discussing, voting on, or in any manner taking part in an action or decision of the Planning Commission: 1) The member has, or reasonably expects to have during the member's term of office, a direct interest in the outcome of the action or decision, unless the effect of the action or decision on the member's interests would be no greater than its effect on other persons or property similarly situated; or 2) The member has a direct or indirect interest in any sale, lease, or contract that is the subject of the action or decision, except as expressly permitted under state laws governing municipal contracts. If a conflict involves the presiding officer, in addition to refraining from participation in the action or decision as provided in this section, the presiding officer shall disqualify hirn/herself from the duties of presiding officer and shall pass the gavel to the Vice-Chair or to any member who has no conflict. I,IBYLA WSIPCBYLA W.DOC BYLAWS OF PRIOR LAKE PARKS ADVISORY COMMITTEE Adopted May 16, 1994 Amended January 2, 1996 Amended January 6, 1997 Amended Februarv 16.1999 PREAMBLE The Prior Lake Parks Advisory Committee (PAC) was created in July, 1989 by an act of the Prior Lake City Council to: (1) serve as a liaison between city government and the community, (2) serve as a resource for a new and existing neighborhoods, groups, and civic organizations seeking information concerning the Prior Lake park system, (3) to assist city government in setting open space, land acquisition and development policies, (4) to serve as a body to make recommendations to the city council relating to specific parks and open space development, and, (5) to assist city council in researching a variety of funding sources for the Capital Improvement Program and related park development. ARTICLE 1. NAME Section A. Name - The legal name of the organization IS the "Prior Lake Parks Advisory Committee". Section B. Office - The Office of the Prior Lake Parks Advisory Committee is at 16200 Eagle Creek Avenue, S.E., Prior Lake, Minnesota 55372. ARTICLE 2. OFFICERS Section A. Officers - The Officers of the Prior Lake Parks Advisory Committee shall be a Chair, Vice-Chair and a Secretary. The City Manager or hislher designee shall serve as Secretary of the Committee. Section B. Chair - The Chair of the Committee shall be appointed from amonf! the Committee's membershio for!!:. two year terms in September, by majority vote of the Parks Advisory Committee City Council after eonsidering the recoIl'HRendatioFl of the Comm:ittee. The duties of the Chair include: 1. Review and approval of meeting agendas. 2. Presiding at meetings. 3. Participating with the City Council in the selection of Committee members. 4. Semiannual reporting to the City Council. 5. Representation of the Committee as appropriate. Section C. Vice Chair - The Vice-Chair shall be selected annually by the Committee and shall perform the duties of the Chair in hislher absence. The Vice- Chair shall assume such other duties as assigned by the Chair. Section D. Secretary - The City Manager or hls/her designee shall act as the Secretary and shall be responsible for recording and compiling a written summary of all official activities of the Committee. Section E. Appointment - The Committee shall consist of seven (7) members, appointed by the Prior Lake City Council for a term of three (3) two (2) years from September 1 to August 31. The Committee shall be representative of the citizens who live in Prior Lake. Committee members may serve based upon attendance and participation, continued residence in Prior Lake and in accordance with the term limit policy established by the City Council. Section F. Vacancies - If the office of Chair becomes vacant the Parks Advisorv Committee City Ceooeil shall appoint a replacement in accordance with Article 2. Section B. after oeFlsideriRg tae reeemmeRdatieRs ef the Committee. If the Office of Vice-Chair becomes vacant, the Committee shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office. Should a member resign, or otherwise vacate a seat on the Committee, Prior Lake City Council shall appoint a replacement to complete the term. The selection of the Chair or Committee member will be filled III accordance with City Council Bylaws. Section G. Performance Criteria - Annually the Committee shall perform a written self-evaluation on the following: 1) Implementation of the preamble. 2) Achievement of goals and objectives. 3) Compliance with bylaws. 4) Formulation of proposals and recommendations and overall accomplishments. 5) Visitation of subject sites as applicable. 6) Members personal attendance record. The Committee shall forward this evaluation to a review committee comprised of the staff member assigned to the Committee, City Manager, Mayor, and one member of the City Council. The review Committee shall present this report and any additional comments to the Council by the first week of December for action and recommendation at the annual meeting in accordance with the Council Bylaws. Section H. Term Limit - It is the policy of the Prior Lake City Council to impose a two fufee term (or 6 year) service limitation for all appointed positions within the committees and commission. Partial terms do not count toward BYLAWS OF PRIOR LAKE LAKE ADVISORY COMMITTEE Adopted May 16, 1994 Amended January 3, 1995 Amended January 2, 1996 Amended February 16, 1999 PREAMBLE The Prior Lake Lake Advisory Conunittee (LAC) was created in November 1991 by an act of the Prior Lake City Council to: (1) research, study and make reconunendations to the City Council on the information contained within the report entitled "Water Resource Management - A Guide For Balanced Future", (2) research, study and make reconunendations to the City Council on the Lake Review Committee Report Work Program, approved by the City Council on June 17, 1991 and, (3) serve as an advisory body to City staff and City Council on the many lake management related issues being addressed by the various jurisdictions within the watershed. Section A. Section B. Section A. Section B. Section C. Section D. Section E. LACLAWS.DOC ARTICLE 1. NAME Name - The legal name of the organization is the "Prior Lake Lake Advisory Committee". Office - The Office of the Prior Lake Lake Advisory Conunittee is at 16200 Eagle Creek A venue, S.E. Prior Lake, Minnesota 55372. ARTICLE 2. OFFICERS Officers - The Officers of the Prior Lake Lake Advisory Committee shall be a Chair, Vice-Chair and a Secretary. The City Manager or his/her designee shall serve as Secretary of the Committee. Chair - The Chair of the Committee shall be appointed from amonJ! its members annually on October 1, by majority vote of the Lake Advisorv Committee. City Cal:lReil, after eaRsidermg the reeomHleRaatiaR afthe Cammittee. The duties of the Chair include: 1. Review and approval of meeting agendas. 2. Presiding at meetings. 3. Participating with the City Council in the selection of Committee members. 4. Semiannual reporting to the City Council. 5. Representation of the Committee as appropriate. Vice-Chair - The Vice-Chair shall be selected annually by the Conunittee and shall perform the duties of the Chair in his/her absence. The Vice-Chair shall assume such other duties as assigned by the Chair. Secretary - The City Manager or his/her designee shall act as the Secretary and shall be responsible for recording and compiling a written sununary of all official activities of the Committee. Appointment - The Committee shall consist of seven (7) members, appointed by the Prior Lake City Council for a term of three (3) ~ years from October 1 to September 31. The Committee shall Section F. Section G. Section H. Section I. LACLA WS.DOC be representative of the citizens who live in Prior Lake. Committee members may serve based upon satisfactory attendance and participation, continued residence inI?rior Lake and in accordance with the term limit policy established by the City Council. Vacancies - If the office of Chair becomes vacant the Lake Advsiorv Committee City Cal:lBsil shall appoint a replacement as set forth in Article 2. Section B. after eaBsidermg tlte rseammendatiaB of the CoImJ:Httee. If the Office of Vice-Chair becomes vacant, the Committee shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office. Should a member resign, or otherwise vacate a seat on the Committee, Prior Lake City Council shall appoint a replacement to complete the term. The selection of the Chair or Committee member will be filled in accordance with City Council Bylaws. Performance Criteria - Annually the Committee shall perform a written self-evaluation on the following: 1) Implementation of the Preamble. 2) Achievement of Goals and Objectives. 3) Compliance with Bylaws. 4) Formulation of proposals and recommendations and overall accomplishments. 5) Visitation of subject sites as applicable. 6) Annual personal attendance record of at least 75%. The Committee shall forward this evaluation to a review committee comprised of the staff member assigned to the Committee, City Manager, Mayor,and one member of the City Council. The review committee shall present this report and any additional comments to the Council by the first week of December for action and recommendation at the annual meeting in accordance with the Council Bylaws. Term Limit - It is the policy of the Prior Lake City Council to impose a two tIH=ee term (or 6 year) service limitation for all appointed positions within the committees and commission. Partial terms do not count toward the term limitation. The purpose of the term limit policy is to encourage resident participation on City advisory bodies and provide community members with the opportunity to participate in their local government. Conflict of Interest - A member shall refrain from discussing, voting on, or in any manner taking part in an action or decision of the LAC if: 1) The member has, or reasonably expects to have during the member's term of office, a direct interest in the outcome of the action or decision, unless the effect of the action or decision on the member's interests would be no greater than its effect on other persons or property similarly situated; or 2) The member has a direct or indirect interest in any sale, lease, or contract that is the subject of the action or decision, except as expressly permitted under state laws governing municipal contracts. If a conflict involves the presiding officer, in addition to refraining from participation in the action or decision as provided in this section, the presiding officer shall disqualify him/herself from the duties of presiding officer and shall pass the gavel to the Vice-Chair or to any member who has no conflict. The presiding officer may resume the chair once the issue has been dispatched. The section shall be construed and interpreted according to Minnesota statutes and case law. CITY OF PRIOR LAKE, MINNESOTA MAYOR AND CITY COUNCIL BYLAWS Adopted on May 27,1986 Revisions: FRANK BOYLES CITY MANAGER ccbylaws.doc printed 1/20/99 1 TABLE OF CONTENTS Section 1 Purpose 3 Section 2 Regular, Special and Emergency Meetings and Work Sessions 3 Section 3 Annual Meeting 4 Section 4 Meeting Agenda Format and Consent Agenda 5 Section 5 Quorum and Voting Procedures 7 Section 6 Minute Preparation 7 Section 7 Roles At Meeting 8 Section 8 Motions, Resolutions, Ordinances 10 Section 9 Public Hearing Format 11 Section 10 Committee Structure 12 Section 11 Provisions 14 Section 12 Reimbursement For Expenses 14 Section 13 Code of Ethics And Conduct 15 Appendix A Councilmember Commitments 16 Appendix B Types of Motions 17 List of Bylaw Holders 19 ccbylaws.doc printed 2/9/99 2 SECTION 1: PURPOSE c> 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. The Bylaws shall be considered and adopted at the Annual Meeting of the Prior Lake City Council. The Annual Meeting is the first regular meeting in January. Bylaws can be reviewed and amended at any meeting other than the Annual Meeting. Any changes or amendments to the Bylaws shall follow this procedure: 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 at the annual meeting. A super majority is required at any meeting other than the annual meeting. SECTION 2: REGULAR, SPECIAL AND EMERGENCY MEETINGS, AND WORK SESSIONS 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 each meeting. 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. No minutes will be kept nor recording made of City Council forums. When a regular meeting is projected to fall on an official holiday, the City Council shall reschedule the meeting for the following business day. The City Council may consult with the City Manager to determine the amount of business pending and decide by majority vote to reschedule or cancel a meeting. The City Manager shall post notice and publish in the paper the decision of the City Council to reschedule or cancel the meeting pursuant to the Open Meeting Law. A City Council member shall inform the City Manager when an absence is planned or pending prior to the meeting. The City Manager shall inform the members of the City Council at the meeting that the member cannot be in attendance at the meeting. B) SPECIAL MEETINGS: Special Meetings may be called by any two (2) members of the City Council. Written notice shall be given to each member of the City Council of the time, place and purpose of the meeting. The notice shall be delivered to the member or ccbylaws.doc printed 1/20/99 3 a rE'$ponsible person at the member's residence at least three days in advance of the meeting. (See City Code Section 1-5-2.) Notice shall be posted at City Hall _ and provided to any member of the public or news media who have requested notification in writing. C) EMERGENCY MEETINGS: The Mayor or City Manager may call an emergency meeting. Notice of the emergency meeting shall be given by telephone fax or written notice to members of the City Council. Notice shall be provided to each news medium and individual which has filed a written request for notice. Posted or published notice of an emergency meeting shall not be required. An "emergency" meeting is a special meeting called because of circumstances that require immediate consideration by the City Council. D) WORK SESSION: The City Manager may schedule work sessions. The purpose of the work session is to afford the City Manager the opportunity to discuss policy matters in a more informal environment. Therefore, public input will not normally be allowed unless specifically scheduled in the agenda or requested by one or more members of the City Council. The work session may be canceled at the discretion of the City Manager. E) Except as otherwise provided in the Minnesota Open Meeting Law, M.S.A., Section 471.705, all meetings of the City Council, including regular, special, emergency, work sessions, and adjourned meetings shall be open to the public. F) The agenda for a meeting will be prepared by the City Manager and shall be available the Wednesday before the following Monday meeting, except in the event of a holiday during agenda preparation week in which case the agenda will be available on Thursday. The agenda shall include the items set forth in Section 4.A - Order of Business. Copies of the agenda, supporting documentation and minutes from the previous meeting shall be made available to the public: 1. Once the materials have been delivered to the Council members. 2. A copy of the agenda materials will also be available in the Council Chambers for public inspection at the time of the meeting. SECTION 3: ANNUAL MEETING 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. 2. 3. 4. Swear in newly elected officials, if applicable. Acting Mayor. Official newspaper. Official bank. ccbylaws.doc printed 1/20/99 4 5. Equalization Committee. 6. Fire Chief/Assistant 7. Auditing Firm. 8. Fiscal Consultant. 9. Civil Defense Director 10. Health Officer 11. Appointment of Council Member as Liaison to City Council Committees 12. Approval of City Council Appointed Committee Bylaws and Procedures. 13. City Council Bylaws Review. 14. Animal Control Officer. 15. Yearly Fee Schedule. 16. Appointments to Special Assessment Committee. SECTION 4: MEETING AGENDA FORMAT AND CONSENT AGENDA Business of the meeting will be conducted according to the agenda prepared by the City Manager. The City Manager will prepare an agenda that follows this order: 1. Call to Order 2. Pledge of Allegiance 3. Approval of Agenda 4. Approval of Minutes 5. Consent Agenda 6. Removed Consent Agenda Items 7. Presentations 8. Public Hearings 9. Old Business 10. New Business. 11. Other Business - Including Councilmember Reports 12. Adjournment The City Council may change by motion the order an item is to be considered on the agenda except those that are scheduled for a public hearing. The City Manager shall maintains a list of items scheduled to appear on meeting agendas. A Councilmember may request that the City Manager place an item on the next agenda of a regularly scheduled meeting. The member must inform the City Manager of this request no later than 4:30 p.m. on Monday before the 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 whether the item is appropriate to place on the agenda or the City Council Forum. The City Manager may schedule presentations before the City Council giving preference to presenters and topics which relate to governmental business, are of communicty interest, provide information required by the Council to complete its duties or ccbylaws.doc printed 1/20/99 5 are pr9vided by agencies representing citizens of Prior Lake. No Council action may take place as part of a presentation. However, an action item may be placed on the City Council agenda on the subject of a presentation. 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. With the adoption of these Bylaws, a Consent Agenda is created. The purpose of the "Consent Agenda" is to group items, of a routine and non-controversial nature for consideration_under one motion. There will be no separate discussion of items placed on the "Consent Agenda". If discussion of an item on the "Consent Agenda" is desired, that item will be removed from the Consent Agenda and considered separately. · Items may be removed for good cause if a Council member 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, non-controversial license requests, standard development contracts, calls for bid, reports of administrative actions and proposals, leases and agreements previously approved in principle, reports for filing 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. 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, 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. Any item removed from the "Consent Agenda" shall be placed on the City Council Agenda as a separate category. 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. ccbylaws.doc printed 1/20/99 6 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. 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. An abstention will be counted as a vote with the majority in the instance of a tie. C) 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". D) 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. E) When a question is put by the presiding officer, every member present shall vote; unless the Council, for special reason, shall excuse a member prior to the calling of the vote or a conflict of interest prohibits a member from voting. If a member abstains from voting based upon a conflict of interest, the Councilrnember must advise the presiding officer of the nature of the conflict. Otherwise, any Council member, who being present when his or her name is called fails to vote upon any then pending proposition, shall be recorded as having voted in the positive. SECTION 6: MINUTE PREPARATION A) The City Manager is responsible for the minutes of the Meeting. The meeting proceedings will be audio and when available video tape recorded and noted by the Executive Secretary. 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. B) The official Minutes shall be prepared and presented to the City Council at the next. regularly scheduled meeting as part of the agenda packet. The City Council shall review them and the presiding officer shall call for any additions or corrections. ccbylaws.doc printed 1/20/99 7 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 is responsible for the maintenance and filing of the Minutes. 1. Written minutes will be retained as a permanent record in paper or microfilm. 2. All audio and video tape proceedings will be retained in accordance with the City's data retention schedule. D) A verbatim transcript request of all or any part of a meeting may be requested by a member of the general public. A fee for the transcript shall consist of the actual costs for preparing such transcript, e.g., hourly wage, fringe benefits, copying and mailing costs unless the City has, for its own purposes, previously prepared a verbatim transcript. SECTION 7: ROLES AT MEETING A) All meetings of the City Council shall comply with the Minnesota Open Meeting law which requires meetings (with few exceptions) of all municipal bodies to be open to the public. The City Council of Prior Lake encourages citizen attendance. Public attendance at Council the meetings helps to develop a more enlightened and interested citizenry. B) Therefore, a Councilmember may recognize a member of the public for the purpose of allowing public input or a Councilmember may ask questions of a member of the public. C) Each individual member of the City Council may recognize a member of the public. 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. 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 presiding officer, if so requested by the author or a member of the City Council. In any case, the written communication shall become part of the record. The communication(s) may be read by the presiding officer or his/her designee. If the ccbylaws.doc printed 1/20/99 8 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 presiding officer has the same voting powers as do the Councilmembers. The presiding officer may vote whenever a vote is taken and he/she does not have any extra voting powers if the vote results in a tie, except as may be authorized by state statute. 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 Council members. G) The presiding officer has two unique powers: (1) interpreting and applying the rules of procedure; and (2) recognizing speakers from the audience. H) The presiding officer is responsible for maintaining order at the meetings. I) 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. J) 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. K) 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 assuming responsibilities as set forth above. In the absence from the City or disability of the Mayor, the Acting Mayor may execute documents on behalf of the City. L) All members of the City Council may make and second motions, participate in discussions and vote whenever a vote is taken. M) As individuals, Councilmembers have no administrative authority. When acting as a Council, however, the legislative body has authority over the appointed City ccbylaws.doc printed 1/20/99 9 -----r-- - - -- f, ~ Manager. This authority is restricted to conducting investigations and establishing policies for execution by the Manager. N) 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. 0) The Department Heads may attend all meetings. The Department Heads shall attend the meetings when directed by the City Manager. P) A memorandum report or brief explanation of each agenda item shall be included in the materials that accompany the agenda. The information provided by Staff should serve to inform the City Council on the subject matter under discussion. The information should explain in detail the Staff comments or work, or state that Staff will present the necessary details and comments at the meeting. 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 require a majority vote for approval unless otherwise specified below or prescribed by statute. B) Motions: A motion is a matter of parliamentary procedure. Motions are a formal method of bringing business before the Council and for stating propositions on which a decision will have to be made. It also can be used in the form of a proposal so that the City Council can act by resolution or by ordinance. Motions may be used to introduce resolutions and ordinances, to amend them, and to take any other actions concerning them. Motions may also be used for action on simple administrative acts, such as approving the monthly department reports. 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. C) Resolutions: Resolutions are normally used to reflect the City Council position on items of business that do not require or warrant an ordinance. Resolutions may be enacted on a motion which has been duly seconded, and are adopted if they receive a majority of the votes cast of the members present. ccbylaws.doc printed 1/20/99 10 The City Manager will maintain a record of all resolutions and will be responsible for the proper numbering and execution of each resolution adopted by the. City Council. , > D) Ordinances: An ordinance, which has the force of law, 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 the ordinance. Consistent with State Statute the Council may authorize publication of a summary of the ordinance rather than its full text. The Council, by motion, must approve and authorize the proposed summary. Proof of publication shall be attached to and filed with every ordinance. All ordinances shall be reviewed by the City Attorney prior to presentation to the Council. The ordinance format includes: title; number; enacting clause; the contents or body; the penalty; the closing; the attestation, publication date and the effective date. The City Manager will maintain a record of all ordinances and will be responsible for the Prior Lake City Code and codification requirements. The Council may authorize the City Manager to contract for codification services. E) 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. 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 9: PUBLIC HEARING FORMAT 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 ccbylaws.doc printed 1/20/99 11 be opened at their designated time. The presiding officer may delay the start of a hearing until the business at hand is acted upon, in any manner, by the _ City Council. However in no circumstances can a hearing be opened prior to the predetermined and published time. 2. The presiding officer shall read 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 presiding officer announces the type of input to be received by the citizens _ informal or formal including time limits, if any. 4. Staff makes a presentation or report on the subject matter for the hearing. 5. If applicable, the developer or consulting engineer makes a presentation or report on the subject matter. 6. The presiding officer asks for citizen input, comments and questions. 7. The City Council addresses the subject matter through deliberation, questions to citizens and Staff, and reactions and statement of position on the subject. 8. The presiding officer requests a motion to close the public hearing and states the time the hearing is closed. 9. The City Council may reserve the right to reopen a public hearing or receive additional information. 10. The City Council may take action on the subject matter. If the City Council decides to continue the hearing, the presiding officer, in consultation with the City Manager and City Council, shall select and announce a time and date for further deliberation and action. No additional publication or notice requirements are needed if a hearing is continued to a later date. SECTION 10: COMMITTEE STRUCTURE 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. ccbylaws.doc printed 1/20/99 12 The Planning Commission has been established by statutory authority and the structural composition and Commission rules are set forth in the City Code. Annually the City Council shall appoint a City Councilmember to be a liaison to a City board or commissions. No Councilmember shall serve as a liaison to the same Board or Commission for more than one year. The City Council shall prepare suggested bylaws for each Committee. At its first meeting of each year, the committee shall adopt the suggested bylaws or rE!commend 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. 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 and one City Council member who is the liaison to the committee, together with the Committee Chair (unless the appointment is the committee chair appointment or re-appointmentLshall interview all candidates and make a recommendation to the full City Council. No person will sit on any committee charged with the selection of the successor for that person. 3. The Councilmember who is liaison to the body 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 delegated to the City Council by statutory authority. D. The Council may meet with each committee/commission annually in a workshop to discuss goals and objectives, mutual concerns or questions and other business as appropriate. 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 ccbylaws.doc printed 1/20/99 13 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 11: PROVISIONS Such other rules that the City Council deems appropriate may be enacted. All matters of procedure not specified herein shall be governed by the City Code, State Statutes, or Federal Laws, whichever is applicable to the procedure in question. The rules herein may be suspended upon a 4/5 (80%) vote of the members for a specific meeting only. SECTION 12: REIMBURSEMENT FOR EXPENSES 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 alcoholic 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. 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. Councilmembers attending seminars or conferences at City expense are expected to provide the Council with a summary of the meeting. ccbylaws.doc printed 1/20/99 14 SECTION 13: CODE OF ETHICS AND CONDUCT A) Declaration of Policy: The proper operation of democratic government requires that the public has confidence in the integrity of its government. In recognition of this goal, there is hereby established a Code of Ethics and Conduct for public officials. The purpose of this Code is to establish ethical standards of conduct for all such officials by setting forth those acts .or actions that are incompatible with the best interests of the City, and by directing disclosure by such officials of private, financial or other interest in matters affecting the City. The provisions and purpose of this Code and such rules and regulations as may be established are hereby declared to be in the best interests of the City. B) Ethics in Government: Minnesota Statutes, Chapter 10A, Ethics in Government, is incorporated herein by reference. This policy shall be construed and interpreted in consultation with the City Attorney according to Minnesota Statutes and case law. C) Personal Conflicts of Public Officials: Any public official who has a potential conflict of interest, 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, favor or thing of value, regardless of amount whether in the form of money, service, loan, thing or promise from any person which to the official's knowledge is concerned, directly or indirectly in any manner whatsoever in business dealings with the City. E) 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. FJ Commitments: To promote an on-aoina, effective workina relationship between Councilmembers. the Council has adopted a set of commitments which are attached to these bylaws as Appendix A. Councilmembers aaree to act in accordance with these commitments and recoanize their responsibility for encouraaina other Councilmembers to do the same. The Council will review and adopt the commitments annually with the bylaws to facilitate familiarity and renew commitment. ccbylaws.doc printed 2/9/99 15 -,-- APPENDIX A Cit Councilmember Commitments for Maintainin Effective Workin Relationships The effectiveness of the Cit Council in accom lishin its res onsibi/ities is de endent u on the Councilmembers individuallv and collectivelv fulfillina the followina commitments. ~ As a courtesy to one another. Cbuncilmembers will expeditiouslv supplv the Council with a copy of any speech. presentation. articles or correspondence prepared as a City official. ~ Councilmembers will come to official meetinqs prepared bv havinq read the aqenda materials and bv a/ertina the City Manaqer or staff about auestions which they will be seekinq answers to at the public meetina. ~ Councilmembers a ree to arrive rior to the a ointed time for the meetin ~ Councilmembers actin as liaisons to bodies within or outside the 0" anization are expected to keep the remainder of the Council reaularlv informed about issues of importance. ~ Councilmembers will direct questions to appropriate department heads for response. However. Councilmembers will not direct staff to prepare information or conduct work without the concurrence of the Council. ~ Concerns or complaints about the performance of the staff or manaCler are to be shared with the Cltv ManaCler. Staff follow-up will be confined to complainants who identify themselves. ~ Councilmembers will disp/av respect for one another. ~ Councilmembers will focus their enerClies on strateClic and policv issues. The City Manaaer is responsible for the implementation of the Council's policies. ~ Councilmembers will recoqnize that the staff is responsible for administerina laws adopted bv the City Council in an impartial manner and will not reQuest special considerations of any sort for themselves or others. ~ Councilmembers will at least annuallv update the City's Strateaic Plan and set obiectives for staff in the cominq year which will realize the 10nQ-term obiectives. . ~ Councilmembers will recoQnize they have a fiduciary duty to the City and will endeavor to protect the City. ~ Councilmembers aqree to thorouqhlv debate their perspectives on policv Questions and decisions which come before them. but after the Council votes on the matter. individual Councilmembers recoClnize that All Councilmembers are expected to support the Council decision. Councilmembers will strive to achieve consensus on maior issues throuah discussion. debate and workshops. ccbylaws.doc printed 2/9/99 16 APPENDIX B - Types of Motions: The following motions will be available for use by the members: ccbylaws.doc printed 2/9/99 1. Main Motion - An act to bring substantive proposals before the City Council for consideration and action. After the motion is stated and seconded, the subject of the motion may be deliberated and voted upon. Deliberation may take place by the Mayor, Council, Staff or the general public as long as the procedures for .citizen input are followed pursuant to Section 7.B of these Bylaws. 2. Amend Main Motion - A main motion that is being deliberated and has not been voted upon may be changed or modified by a motion, a second, deliberation and a subsequent vote. The only motion that may be amended is the main motion. 3. Postpone Definitelv Motion- A motion to put off consideration or discontinue discussion of any motion on the floor and that which established a definite time for the motion to be reconsidered. A motion to postpone definitely requires a second, deliberation and a subsequent vote. 4. Vote Immediatelv Motion (Previous 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 Question motion is seconded. The first vote is to close the debate (requires two thirds majority vote) and, if that passes, the second vote is then on the original motion being deliberated prior to the Previous Question being called. If the close the debate motion fails, then deliberation on the original motion continues. 5. Substitute Motion: This is a motion which replaces the motion being considered with another motion on the same subject. A motion to substitute may be made for either a main motion or an amendment to a main motion. A substitute motion requires a motion and second. The Council then votes on the substitute motion and if that passes, the original motion dies. If the substitute motion fails, the deliberation on the original motion continues. 6. Withdraw a Motion: Any member of the City Council who has made an allowable motion has the authority to remove the motion from consideration by the total body. If a member desires to remove a motion that has been seconded, but not yet voted upon, the member who has seconded the motion must consent to the request of the member to remove the motion from consideration. If the motion has not been seconded, the member may remove the motion from consideration by his/her own request. 7. Division of Motion - A motion that is composed of two or more independent sections or ideas may be deliberated, considered and voted on separately. 17 ~1" 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. The presiding officer may rule on the eligibility of a motion which has been requested to be divided into two or more individual motions. 8. 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 upon immediately. Motions to adjourn the meeting or take a recess cannot interrupt a speaker, while a motion on a question of privilege or point of vote can interrupt a speaker. PrivileGed motions include: . Point of Order- Whenever a member thinks that the rules of the City Council are being violated, he/she can make a Point of Order. Whenever a question of the order is called, the presiding officer shall make a ruling on whether the City Council rules have been violated. If a Point of Order is to be raised, it must be raised promptly at the time the violation occurs. This procedure does not require a second, is not debatable and can be used to interrupt a speaker. . Appeal Decision of Chair: The presiding officer will be called on to rule on questions of City Council procedure as set forth in these Bylaws. The decisions of the presiding officer may be appealed by the City Council. A statement of appeal constitutes a motion which, in turn, requires a second and the opportunity for discussion. . Motion to Reconsider: A motion to reconsider any action taken by the Council may be made at the meeting at which such action was taken. 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. ccbylaws.doc 18 printed 2/9/99 LIST OF BYLAW HOLDERS Mayor and all Council members ........................................................................................ 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 ccbylaws.doc printed 2/9/99 19 CITY COUNCIL WORKSHOP '99 Notes From the Sessions PRESENT: MAYOR WES MADER, COUNCILMEMBERS TOM KEDROWSKI, JIM PETERSEN, PETE SCHENCK AND DAVE WUELLNER, CITY ATTORNEY SUESAN LEA PACE, ASSISTANT CITY MANAGER BRET WOODSON AND CITY MANAGER FRANK BOYLES. 1. City Council Relationships: A) Every Council member is responsible for maintenance of the relationship on an on- going basis. B) The public does benefit in numerous ways from an effective Council relationships. C) There are things the Council is doing effectively now. D) Effectiveness could be improved by reducing the behaviors set forth below as identified by this Workshop's participants: E) The Council's relationship affects the Staff. Numerous examples were shared. F) The examples of less than effective Council behaviors cited by participants in the Workshop and City Staff members are similar. G) To facilitate and maintain a more effective on-going Council working relationship, The Council agreed to the following commitments at the Workshop. Councilmembers directed that the commitments be incorporated into the City Council bylaws to facilitate awareness and assure that they are updated at least annually: COMMITMENTS . As a courtesy to one another, Council members will expeditiously supply the Council with a copy of any speech, presentation, articles or correspondence prepared as a City official. . Councilmembers will come to official meetings prepared by having read the agenda materials and by alerting the City Manager or staff about questions which they will be seeking answers to at the public meeting. Notes From the Workshop - January 15th & 16th i: \council\workshop99\staffrpt.doc 1 CITY COUNCIL WORKSHOP '99 Notes From the Sessions . Council members agree to arrive prior to the appointed time for the meeting. . Council members acting as liaisons to bodies within or outside the organization are expected to keep the remainder of the Council regularly informed about issues of importance. . Councilmembers will direct questions to appropriate department heads for response. However, Council members will not direct staff to prepare information or conduct work without the concurrence of the Council. . Concerns or complaints about the performance of the staff or manager are to be shared with the City Manager. Staff follow-up will be confined to complainants who identify themselves. . Councilmembers will display respect for one another. . Councilmembers will focus their energies on strategic and policy issues. The City Manager is responsible for the implementation of the Council's policies. . Councilmembers will recognize that the staff is responsible for administering laws adopted by the City Council in an impartial manner and will not request special considerations of any sort for themselves or others. . Council members will at least annually update the City's Strategic Plan and set objectives for staff in the coming year which will realize the long-term objectives. . Councilmembers will recognize they have a fiduciary duty to the City and will endeavor to protect the City. . Councilmembers agree to thoroughly debate their perspectives on policy questions and decisions which come before them, but after the Council votes on the matter, individual Councilmembers recognize that All Council members are expected to support the Council decision. . Councilmembers will strive to achieve consensus on major issues through discussion, debate and workshops. Notes From the Workshop - January 15th & 16th i: \cou nci I\workshop99\staffrpt.doc 2 CITY COUNCIL WORKSHOP '99 Notes From the Sessions II. City Manager Performance Evaluation and Salary Review. The Council expects the Manager work to reduce/eliminate Staff errors and report to Council about any corrective actions taken. The Council also directed that the salary review and employment agreement be placed on an upcoming meeting agenda for action. III. Groundwater Issues. Wells: The Council directed Staff to analyze the following options with respect to increasing water supply/conserving existing supply: ./ Summer Rate increase and other disincentives ./ Publicize current disincentives in rate structure ./ I nterconnection with other cities ./ Potential to use quarry ./ Applicability of conservation efforts used in other cities nationally ./ Political options for Mount Simon Hinckley Well ./ Radium concerns about Mount Simon Hinckley Well Water Treatment Plant: The Council is not convinced of the need or cost benefit of a water treatment plant and wants resident feedback through survey to see if the public will support the concept given the cost. IV. County Road 42 Corridor Study. Staff was directed to consolidate Planning and Engineering findings into one response and request Council approval of the consolidated response at the January 19, 1999 meeting. V. Cable Television. Staff was directed to obtain resident input on Triax Technical capacity and service through a scientific survey. The Council also determined to pursue an informal renewal process with Triax and cooperate with Savage in sharing pertinent information. Notes From the Workshop - January 15th & 16th i: \council\workshop99\staffrpt. doc 3 CITY COUNCIL WORKSHOP '99 Notes From the Sessions VI. Other Issues. Subdivision Ordinance and New City Code: The Council agreed that Staff should use the zoning ordinance approval process as a model to build consensus. Advisory Committees: The Council decided to revise the Lake Advisory and Park Advisory Committee terms to three years with six year limits, and Planning Commission terms to three years with nine year limits. The process will be implemented after the Bylaws have been amended and as vacancies occur. The Council also agreed that Committees should select their own Chairs. Work Sessions: The Council decided they want to limit the number of work sessions consistent with bonafide subject matter. Meetings: The Council members agreed to informally work to adjourn Council meetings prior to 11 pm. Strategic Plan/Annual Objectives: The Council expects that a work session will be scheduled soon to accomplish updating of the Strategic Plan and establishment of City Manager (Staff) work objectives. Notes From the Workshop - January 15th & 16th i :\council\workshop99\staffrpt. doc 4 ATE: 'A #: PREPARED BY: AGENDA ITEM: DISCUSSION: ISSUES: ALTERNATIVES: CITY COUNCIL AGENDA REPORT Febr~. ar. y 16, 1999 ~ ~" ~~ Fran~'BOYles, City Manager CONSIDER APPROVAL OF AMENDMENTS TO CITY COUNCIL BYLAWS AND APPROV AL OF WORKSHOP NOTES. Historv The City Council conducted its Annual Workshop on January 15, 1999 and January 16, 1999 at the Wilds Clubhouse. Discussion topics for the Workshop included: Council relationships, City Manager performance and salary review, Groundwater issues, County Road 42 Corridor Study, Cable Television, Advisory Committee issues and Subdivision Ordinance and City Code revisions. Numerous additional topics were raised and discussed by Councilmembers. Current Circumstances While the Workshop was a public meeting (except for the City Manager performance and salary review), the City Council typically receives the Staffs notes reflecting our understanding of the Council's general position. The attached notes are separated by topic area. Also included as a separate document is the revised City Council and advisory committee bylaws incorporating the City Council's list of commitments to one another. Conclusion The Council should consider amending and approving the Workshop notes and bylaws amendments as you believe appropriate. The key issue is whether the Council believes the Staff Workshop notes and list of commitments are complete and accurate. 1. Adopt the revisions to the bylaws as submitted or with amendments. 2. Adopt the Workshop notes as presented or with amendments. RECOMMENDATION: Both Alternatives 1 and 2. Motion and second to approve revisions to the City Council's bylaws (requires a super majority). Motion and second to approve the Staffs Workshop notes. 1620Q;6~eU::tll~lfs~.cEo2Rti.~E~, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER CITY COUNCIL WORKSHOP '99 Notes From the Sessions PRESENT: MAYOR WES MADER, COUNCILMEMBERS TOM KEDROWSKI, JIM PETERSEN, PETE SCHENCK AND DAVE WUELLNER, CITY ATTORNEY SUESAN LEA PACE, ASSISTANT CITY MANAGER BRET WOODSON AND CITY MANAGER FRANK BOYLES. 1. City Council Relationships: A) Every Council member is responsible for maintenance of the relationship on an on- going basis. B) The public does benefit in numerous ways from an effective Council relationships. C) There are things the Council is doing effectively now. D) Effectiveness could be improved by reducing the behaviors set forth below as identified by this Workshop's participants: * Bringing up the past because you don't agree with it. * Members voting for or against individuals rather than issues. * When members don't listen to another members point of view. They are too busy deciding what they will say next. They need to listen thoroughly. Lack of active listening. * Inability to listen with an open mind. * Members questioning other members' motives when they don't agree. * A lack of vision. * Bringing a new issue to the table after the Council has met and worked on the issue. * Playing to the camera. * Not keeping others informed of correspondence and conversations. * Failure to have the feel of the good of the citizens. * Stacking Council chambers or letters to support a point of view. * Vendetta voting. * Trying to establish your position through the media or something else. * Biased presentations or data. * Grandstanding for TV. * Asking questions to broadcast your position rather than to get a decision. * Failing to keep an eye on the future good of Prior Lake. * Members talking one way and voting another (trying to appease both sides). * Changing the rules in order to get one's way. Notes From the Workshop - January 15th & 16th i :\cou nci I\workshop99\staffrpt. doc 1 CITY COUNCIL WORKSHOP '99 Notes From the Sessions * Exhibitions of open hostility when there is disagreement on an issue. * Failure to call staff to ask ahead of time because it appears that the members did not read the agenda. * Not telling Staff your concern or question ahead of time and throwing it on the table making everyone look bad. * Need to talk more. * Being late to meetings. * Councilmembers reversing their decisions on issues when controversy arises. * Personal attacks. * Lack of or non-use of consensus building skills. E) The Council's relationship affects the Staff. Numerous examples were shared. F) The examples of less than effective Council behaviors cited by participants in the Workshop and City Staff members are similar. G) To facilitate and maintain a more effective on-going Council working relationship, The Council agreed to the following commitments at the Workshop. Councilmembers directed that the commitments be incorporated into the City Council bylaws to facilitate awareness and assure that they are updated at least annually: COMMITMENTS . As a courtesy to one another, Councilmembers will expeditiously supply the Council with a copy of any speech, presentation, articles or correspondence prepared as a City official. . Councilmembers will come to official meetings prepared by having read the agenda materials and by alerting the City Manager or staff about questions which they will be seeking answers to at the public meeting. . Councilmembers agree to arrive prior to the appointed time for the meeting. . Council members acting as liaisons to bodies within or outside the organization are expected to keep the remainder of the Council regularly informed about issues of importance. Notes From the Workshop - January 15th & 16th i :\council\workshop99\staffrpt. doc 2 CITY COUNCIL WORKSHOP '99 Notes From the Sessions . Councilmembers will direct questions to appropriate department heads for response. However, Council members will not direct staff to prepare information or conduct work without the concurrence of the Council. . Concerns or complaints about the performance of the staff or manager are to be shared with the City Manager. Staff follow-up will be confined to complainants who identify themselves. . Council members will display respect for one another. . Councilmembers will focus their energies on strategic and policy issues. The City Manager is responsible for the implementation of the Council's policies. . Councilmembers will recognize that the staff is responsible for administering laws adopted by the City Council in an impartial manner and will not request special considerations of any sort for themselves or others. . Councilmembers will at least annually update the City's Strategic Plan and set objectives for staff in the coming year which will realize the long-term objectives. . Council members will recognize they have a fiduciary duty to the City and will endeavor to protect the City. . Councilmembers agree to thoroughly debate their perspectives on policy questions and decisions which come before them, but after the Council votes on the matter, individual Councilmembers recognize that All Councilmembers are expected to support the Council decision. . Council members will strive to achieve consensus on major issues through discussion, debate and workshops. II. Citv Manaqer Performance Evaluation and Salary Review. The Council expects the Manager work to reduce/eliminate Staff errors and report to Council about any corrective actions taken. The Council also directed that the salary review and employment agreement be placed on an upcoming meeting agenda for action. Notes From the Workshop - January 15th & 16th i: \cou nci l\workshop99\staffrpt. doc 3 CITY COUNCIL WORKSHOP '99 Notes From the Sessions III. Groundwater Issues. Wells: The Council directed Staff to analyze the following options with respect to increasing water supply/conserving existing supply: ./ Summer Rate increase and other disincentives ./ Publicize current disincentives in rate structure ./ Interconnection with other cities ./ Potential to use quarry ./ Applicability of conservation efforts used in other cities nationally ./ Political options for Mount Simon Hinckley Well ./ Radium concerns about Mount Simon Hinckley Well Water Treatment Plant: The Council is not convinced of the need or cost benefit of a water treatment plant and wants resident feedback through survey to see if the public will support the concept given the cost. IV. Countv Road 42 Corridor Study. Staff was directed to consolidate Planning and Engineering findings into one response and request Council approval of the consolidated response at the January 19, 1999 meeting. V. Cable Television. Staff was directed to obtain resident input on Triax Technical capacity and service through a scientific survey. The Council also determined to pursue an informal renewal process with Triax and cooperate with Savage in sharing pertinent information. VI. Other Issues. Subdivision Ordinance and New City Code: The Council agreed that Staff should use the zoning ordinance approval process as a model to build consensus. Advisory Committees: The Council decided to revise the Lake Advisory and Park Advisory Committee terms to three years with six year limits, and Planning Commission terms to three years with nine year limits. The process will be implemented after the Notes From the Workshop - January 15th & 16th i :\cou ncil\workshop99\staffrpt. doc 4 CITY COUNCIL WORKSHOP '99 Notes From the Sessions Bylaws have been amended and as vacancies occur. The Council also agreed that Committees should select their own Chairs. Work Sessions: The Council decided they want to limit the number of work sessions consistent with bonafide subject matter. Meetings: The Councilmembers agreed to informally work to adjourn Council meetings prior to 11 pm. Strategic Plan/Annual Objectives: The Council expects that a work session will be scheduled soon to accomplish updating of the Strategic Plan and establishment of City Manager (Staff) work objectives. Notes From the Workshop - January 15th & 16th i :\cou ncil\workshop99\staffrpt. doc 5 PLANNING COMMISSION BYLAWS ADOPTED MAY 16.1994 Amended January 3, 1995 Amended June 19, 1995 Amended January 2, 1996 Amended January 6, 1997 Amended February 16.1999 SECTION 1 - CITY CODE CHAPTER 3 2-3-1 COMMISSION CREATED, COMPOSITION: A Planning Advisory Commission is hereby created for the City, its purpose to be of an advisory nature to the City Council and staff. Said Planning Advisory Commission shall be composed of five (5) members, appointed by the City Council. Only residents of the City shall be considered for appointment. Said members shall serve as apprentice members from April 1, to June 30 following their initial appointment. During this period, the apprentice members shall attend Planning Commission meetings for the purpose of familiarization with the planning process. Apprentice members may participate in the deliberations of the Commission at the discretion of the Chair, but they shall not have voting privileges. In the case of an appointment to replace a Commissioner before the end of a term, the apprenticeship period may be waived by the City Council. The members regular term shall begin on July 1, and shall run for three (3) ~ years and terminate on June 30 unless the member is reappointed. New Commission members appointed for terms beginning July 1, 1995 shall serve a 3 month apprenticeship period from July 1, 1995 to September 30, 1995. Their terms shall expire on June 30, 1997. 2-3-2 REMOV AL OF MEMBER: Any member of the Planning Advisory Commission may be removed from office for just cause and unwritten charges by a two-thirds (2/3) vote of the entire Council, but such member shall be entitled to a public hearing before such a vote is taken. In addition, any member may be removed for nonattendance at planning Commission meetings without action by the City Council according to rules adopted by the Planning Commission. 2-3-3: MEETINGS, RULES: The Planning Advisory Commission will meet on the second and fourth Monday of each month at 7:00 p.m. in the Prior Lake City Council Chambers, or at such other time as may be deemed necessary, providing adequate notice is furnished ofthe public meeting. I:IBYLA WS\PCBYLA W.DOC SECTION 7 - OFFICERS: A. Officers - The Chair aBhe CommissioH shall be for a t'l'.'O year term in Jl:lfle by the majerity vote of tee City Conneil after eonsidering the reeoHlR'lenaatiElHs of the PlanniRg COHlR'lission. The Cemmissien shall make its recemmefHiatieRs to the COl:Hlcil by May 30. The term of the Chair of the Commission shall be two vears bel!inning in June. The Chair shall be nominated from among the Commission's membership and shall be elected bv maioritv vote. The City Planning staff shall serve as secretary of the Commission. B. Chair - the duties of the Chair include: 1. Approval of meeting agendas. 2. Presiding at meetings. 3. Participating with the City Council in the selection of Commission members. 4. Semi-annual reporting to the City Council on all information collected under Sec. 2-3-4 and shall give an accounting of its activities and any information the Commission may consider relevant before the City Councilor as directed otherwise 5. Representation of the Commission as appropriate. c. Vice-Chair - The Vice-Chair shall be selected annually by the Commission and shall perform the duties of the Chair in his/her absence. The Vice-Chair shall assume such other duties as assigned by the Chair. D. Secretary - The City Manager or his/her designee shall act as the Secretary and shall be responsible for recording and compiling a written summary of all official activities of the Commission. E. Appointment - The commission shall consist of members appointed by the Prior Lake City Council for a term of three (3) two (2) years. Newly appointed members may be required to serve an apprenticeship from April 1 through June 30 immediately prior to their first term as set forth in 2-3-1. The commission shall be representative of the citizens who live in Prior Lake. Commission members may serve additional terms upon approval by the Prior Lake City Council, based upon satisfactory attendance and participation, continued residence in Prior Lake and in accordance with the term limits policy established by the City Council. F. Vacancies - If the office of Chair becomes vacant the Planning Commission City COl:Hleil shall appoint a replacement as set forth in Section 7A. ,aftef oonsiaeriRg the recommendation of the CeHlR'lission. If the Office of Vice- Chair becomes vacant, the Commission shall elect a successor from its membership at the next regular meeting, and such election shall be for the IIBYLA WSIPCBYLA W.DOC unexpired term of said office. Should a member resign, or otherwise vacate a seat on the G. Performance Criteria - Annually the Committee shall perform a written self- evaluation on the following: I) Implementation of the Preamble. 2) Achievement of Goals and Objectives. 3) Compliance with Bylaws. 4) Formulation of proposals and recommendations and overall accomplishments. 5) Visitation of subject sites as applicable. 6) Annual personal attendance record of at least 75%. The Committee shall forward this evaluation to a review committee comprised of the staff member assigned to the Committee, City Manager, Mayor,and one member of the City Council. The review committee shall present this report and any additional comments to the Council by the first week of December for action and recommendation at the annual meeting in accordance with the Council Bylaws. H. Term Limit - It is the policy of the Prior Lake City Council to impose a three twe term (or-2 e year) service limitation for all appointed positions within the committees and commission. Partial terms do not count toward the term limitation. The purpose of the term limit policy is to encourage resident participation on City advisory bodies and provide community members with the opportunity to participate in their local government. I. Conflict oflnterest - A member shall refrain from discussing, voting on, or in any manner taking part in an action or decision of the Planning Commission: 1) The member has, or reasonably expects to have during the member's term of office, a direct interest in the outcome of the action or decision, unless the effect of the action or decision on the member's interests would be no greater than its effect on other persons or property similarly situated; or 2) The member has a direct or indirect interest in any sale, lease, or contract that is the subject of the action or decision, except as expressly permitted under state laws governing municipal contracts. If a conflict involves the presiding officer, in addition to refraining from participation in the action or decision as provided in this section, the presiding officer shall disqualify him/herself from the duties of presiding officer and shall pass the gavel to the Vice-Chair or to any member who has no conflict. I:IBYLA WSIPCBYLA W.DOC BYLAWS OF PRIOR LAKE PARKS ADVISORY COMMITTEE Adopted May 16, 1994 Amended January 2, 1996 Amended January 6, 1997 Amended Februarv 16. 1999 PREAMBLE The Prior Lake Parks Advisory Committee (PAC) was created in July, 1989 by an act of the Prior Lake City Council to: (1) serve as a liaison between city government and the community, (2) serve as a resource for a new and existing neighborhoods, groups, and civic organizations seeking information concerning the Prior Lake park system, (3) to assist city government in setting open space, land acquisition and development policies, (4) to serve as a body to make recommendations to the city council relating to specific parks and open space development, and, (5) to assist city council in researching a variety of funding sources for the Capital Improvement Program and related park development. ARTICLE 1. NAME Section A. Name - The legal name of the organization IS the "Prior Lake Parks Advisory Committee". Section B. Office - The Office of the Prior Lake Parks Advisory Committee is at 16200 Eagle Creek Avenue, S.E., Prior Lake, Minnesota 55372. ARTICLE 2. OFFICERS Section A. Officers - The Officers of the Prior Lake Parks Advisory Committee shall be a Chair, Vice-Chair and a Secretary. The City Manager or his/her designee shall serve as Secretary of the Committee. Section B. Chair - The Chair of the Committee shall be appointed from among the Committee's membership for!! two year terms in September, by majority vote of the Parks Advisory Committee City COl:ll'leil after eOl'lsiaeril'lg the reeemmenaation of the Committee. The duties of the Chair include: 1. Review and approval of meeting agendas. 2. Presiding at meetings. 3. Participating with the City Council in the selection of Committee members. 4. Semiannual reporting to the City Council. 5. Representation of the Committee as appropriate. Section C. Vice Chair - The Vice-Chair shall be selected annually by the Committee and shall perform the duties of the Chair in his/her absence. The Vice- Chair shall assume such other duties as assigned by the Chair. Section D. Secretary - The City Manager or his/her designee shall act as the Secretary and shall be responsible for recording and compiling a written summary of all official activities of the Committee. Section E. Appointment - The Committee shall consist of seven (7) members, appointed by the Prior Lake City Council for a term of three (3) tV/a (2) years from September 1 to August 31. The Committee shall be representative of the citizens who live in Prior Lake. Committee members may serve based upon attendance and participation, continued residence in Prior Lake and in accordance with the term limit policy established by the City Council. Section F. Vacancies - If the office of Chair becomes vacant the Parks Advisory Committee City Cal:mcil shall appoint a replacement in accordance with Article 2. Section B. after eOFlsideriHg the reeoFFlfl'lendations af the Committee. If the Office of Vice-Chair becomes vacant, the Committee shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office. Should a member resign, or otherwise vacate a seat on the Committee, Prior Lake City Council shall appoint a replacement to complete the term. The selection of the Chair or Committee member will be filled III accordance with City Council Bylaws. Section G. Performance Criteria - Annually the Committee shall perform a written self-evaluation on the following: 1) Implementation of the preamble. 2) Achievement of goals and objectives. 3) Compliance with bylaws. 4) Formulation of proposals and recommendations and overall accomplishments. 5) Visitation of subject sites as applicable. 6) Members personal attendance record. The Committee shall forward this evaluation to a review committee comprised of the staff member assigned to the Committee, City Manager, Mayor, and one member of the City Council. The review Committee shall present this report and any additional comments to the Council by the first week of December for action and recommendation at the annual meeting in accordance with the Council Bylaws. Section H. Term Limit - It is the policy of the Prior Lake City Council to impose a two tffi:ee term (or 6 year) service limitation for all appointed positions within the committees and commission. Partial terms do not count toward BYLAWS OF PRIOR LAKE LAKE ADVISORY COMMITTEE Adopted May 16, 1994 Amended January 3, 1995 Amended January 2, 1996 Amended February 16. 1999 PREAMBLE The Prior Lake Lake Advisory Committee (LAC) was created in November 1991 by an act of the Prior Lake City Council to: (1) research, study and make recommendations to the City Council on the information contained within the report entitled "Water Resource Management - A Guide For Balanced Future", (2) research, study and make recommendations to the City Council on the Lake Review Committee Report Work Program, approved by the City Council on June 17, 1991 and, (3) serve as an advisory body to City staff and City Council on the many lake management related issues being addressed by the various jurisdictions within the watershed. Section A. Section B. Section A. Section B. Section C. Section D. Section E. LACLAWS.DOC ARTICLE 1. NAME Name - The legal name of the organization is the "Prior Lake Lake Advisory Committee". Office - The Office of the Prior Lake Lake Advisory Committee is at 16200 Eagle Creek A venue, S.E. Prior Lake, Minnesota 55372. ARTICLE 2. OFFICERS Officers - The Officers of the Prior Lake Lake Advisory Committee shall be a Chair, Vice-Chair and a Secretary. The City Manager or his/her designee shall serve as Secretary of the Committee. Chair - The Chair of the Committee shall be appointed from amon1! its members annually on October 1, by majority vote of the Lake Advisorv Committee. City Cetuiei1, after eOBsiaeriBg the recemmeBaatioB effhe Cammittee. The duties of the Chair include: 1. Review and approval of meeting agendas. 2. Presiding at meetings. 3. Participating with the City Council in the selection of Committee members. 4. Semiannual reporting to the City Council. 5. Representation of the Committee as appropriate. Vice-Chair - The Vice-Chair shall be selected annually by the Committee and shall perform the duties of the Chair in his/her absence. The Vice-Chair shall assume such other duties as assigned by the Chair. Secretary - The City Manager or his/her designee shall act as the Secretary and shall be responsible for recording and compiling a written summary of all official activities of the Committee. Appointment - The Committee shall consist of seven (7) members, appointed by the Prior Lake City Council for a term of three (3) ~ years from October 1 to September 31. The Committee shall Section F. Section G. Section H. Section 1. LACLAWS.DOC be representative of the citizens who live in Prior Lake. Committee members may serve based upon satisfactory attendance and participation, continued residence in Prior Lake and in accordance with the term limit policy established by the City Council. Vacancies - If the office of Chair becomes vacant the Lake Advsiorv Committee City CetiR6il shall appoint a replacement as set forth in Article 2. Section B. after eeasideriag tile reeommeaaatioa of the Committee. If the Office of Vice-Chair becomes vacant, the Committee shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office. Should a member resign, or otherwise vacate a seat on the Committee, Prior Lake City Council shall appoint a replacement to complete the term. The selection of the Chair or Committee member will be filled in accordance with City Council Bylaws. Performance Criteria - Annually the Committee shall perform a written self-evaluation on the following: 1) Implementation of the Preamble. 2) Achievement of Goals and Objectives. 3) Compliance with Bylaws. 4) Formulation of proposals and recommendations and overall accomplishments. 5) Visitation of subject sites as applicable. 6) Annual personal attendance record of at least 75%. The Committee shall forward this evaluation to a review committee comprised of the staff member assigned to the Committee, City Manager, Mayor,and one member of the City Council. The review committee shall present this report and any additional comments to the Council by the first week of December for action and recommendation at the annual meeting in accordance with the Council Bylaws. Term Limit - It is the policy of the Prior Lake City Council to impose a two thfee term (or 6 year) service limitation for all appointed positions within the committees and commission. Partial terms do not count toward the term limitation. The purpose of the term limit policy is to encourage resident participation on City advisory bodies and provide community members with the opportunity to participate in their local government. Conflict of Interest - A member shall refrain from discussing, voting on, or in any manner taking part in an action or decision of the LAC if: 1) The member has, or reasonably expects to have during the member's term of office, a direct interest in the outcome of the action or decision, unless the effect of the action or decision on the member's interests would be no greater than its effect on other persons or property similarly situated; or 2) The member has a direct or indirect interest in any sale, lease, or contract that is the subject of the action or decision, except as expressly permitted under state laws governing municipal contracts. If a conflict involves the presiding officer, in addition to refraining from participation in the action or decision as provided in this section, the presiding officer shall disqualify him/herself from the duties of presiding officer and shall pass the gavel to the Vice-Chair or to any member who has no conflict. The presiding officer may resume the chair once the issue has been dispatched. The section shall be construed and interpreted according to Minnesota statutes and case law. CITY OF PRIOR LAKE, MINNESOTA MAYOR AND CITY COUNCIL BYLAWS Adopted on May 27, 1986 Revisions: FRANK BOYLES CITY MANAGER ccbylaws.doc printed 1/20/99 1 TABLE OF CONTENTS Section 1 Purpose 3 Section 2 Regular, Special and Emergency Meetings and Work Sessions 3 Section 3 Annual Meeting 4 Section 4 Meeting Agenda Format and Consent Agenda 5 Section 5 Quorum and Voting Procedures 7 Section 6 Minute Preparation 7 Section 7 Roles At Meeting 8 Section 8 Motions, Resolutions, Ordinances 10 Section 9 Public Hearing Format 11 Section 10 Committee Structure 12 Section 11 Provisions 14 Section 12 Reimbursement For Expenses 14 Section 13 Code of Ethics And Conduct 15 Appendix A Councilmember Commitments 16 Appendix B Types of Motions 17 List of Bylaw Holders 19 ccbylaws.doc printed 2/9/99 2 SECTION 1: PURPOSE 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. The Bylaws shall be considered and adopted at the Annual Meeting of the Prior Lake City Council. The Annual Meeting is the first regular meeting in January. Bylaws can be reviewed and amended at any meeting other than the Annual Meeting. Any changes or amendments to the Bylaws shall follow this procedure: 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 at the annual meeting. A super majority is required at any meeting other than the annual meeting. SECTION 2: REGULAR, SPECIAL AND EMERGENCY MEETINGS, AND WORK SESSIONS 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 each meeting. 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. No minutes will be kept nor recording made of City Council forums. When a regular meeting is projected to fall on an official holiday, the City Council shall reschedule the meeting for the following business day. The City Council may consult with the City Manager to determine the amount of business pending and decide by majority vote to reschedule or cancel a meeting. The City Manager shall post notice and publish in the paper the decision of the City Council to reschedule or cancel the meeting pursuant to the Open Meeting Law. A City Council member shall inform the City Manager when an absence is planned or pending prior to the meeting. The City Manager shall inform the members of the City Council at the meeting that the member cannot be in attendance at the meeting. B) SPECIAL MEETINGS: Special Meetings may be called by any two (2) members of the City Council. Written notice shall be given to each member of the City Council of the time, place and purpose of the meeting. The notice shall be delivered to the member or ccbylaws.doc printed 1/20/99 3 a responsible person at the member's residence at least three days in advance of the meeting. (See City Code Section 1-5-2.) Notice shall be posted at City Hall and provided to any member of the public or news media who have requested notification in writing. C) EMERGENCY MEETINGS: The Mayor or City Manager may call an emergency meeting. Notice of the emergency meeting shall be given by telephone fax or written notice to members of the City Council. Notice shall be provided to each news medium and individual which has filed a written request for notice. Posted or published notice of an emergency meeting shall not be required. An "emergency" meeting is a special meeting called because of circumstances that require immediate consideration by the City Council. D) WORK SESSION: The City Manager may schedule work sessions. The purpose of the work session is to afford the City Manager the opportunity to discuss policy matters in a more informal environment. Therefore, public input will not normally be allowed unless specifically scheduled in the agenda or requested by one or more members of the City Council. The work session may be canceled at the discretion of the City Manager. E) Except as otherwise provided in the Minnesota Open Meeting Law, M.S.A., Section 471.705, all meetings of the City Council, including regular, special, emergency, work sessions, and adjourned meetings shall be open to the public. F) The agenda for a meeting will be prepared by the City Manager and shall be available the Wednesday before the following Monday meeting, except in the event of a holiday during agenda preparation week in which case the agenda will be available on Thursday. The agenda shall include the items set forth in Section 4.A - Order of Business. Copies of the agenda, supporting documentation and minutes from the previous meeting shall be made available to the public: 1. Once the materials have been delivered to the Councilmembers. 2. A copy of the agenda materials will also be available in the Council Chambers for public inspection at the time of the meeting. SECTION 3: ANNUAL MEETING 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. 2. 3. 4. Swear in newly elected officials, if applicable. Acting Mayor. Official newspaper. Official bank. ccbylaws.doc printed 1/20/99 4 5. Equalization Committee. 6. Fire Chief/Assistant 7. Auditing Firm. 8. Fiscal Consultant. 9. Civil Defense Director 10. Health Officer 11. Appointment of Council Member as Liaison to City Council Committees 12. Approval of City Council Appointed Committee Bylaws and Procedures. 13. City Council Bylaws Review. 14. Animal Control Officer. 15. Yearly Fee Schedule. 16. Appointments to Special Assessment Committee. SECTION 4: MEETING AGENDA FORMAT AND CONSENT AGENDA Business of the meeting will be conducted according to the agenda prepared by the City Manager. The City Manager will prepare an agenda that follows this order: 1. Call to Order 2. Pledge of Allegiance 3. Approval of Agenda 4. Approval of Minutes 5. Consent Agenda 6. Removed Consent Agenda Items 7. Presentations 8. Public Hearings 9. Old Business 10. New Business. 11. Other Business - Including Councilmember Reports 12. Adjournment The City Council may change by motion the order an item is to be considered on the agenda except those that are scheduled for a public hearing. The City Manager shall maintains a list of items scheduled to appear on meeting agendas. A Councilmember may request that the City Manager place an item on the next agenda of a regularly scheduled meeting. The member must inform the City Manager of this request no later than 4:30 p.m. on Monday before the 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 whether the item is appropriate to place on the agenda or the City Council Forum. The City Manager may schedule presentations before the City Council giving preference to presenters and topics which relate to governmental business, are of communicty interest, provide information required by the Council to complete its duties or ccbylaws.doc printed 1/20/99 5 are provided by agencies representing citizens of Prior Lake. No Council action may take place as part of a presentation. However, an action item may be placed on the City Council agenda on the subject of a presentation. 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. With the adoption of these Bylaws, a Consent Agenda is created. The purpose of the "Consent Agenda" is to group items, of a routine and non-controversial nature for consideration_under one motion. There will be no separate discussion of items placed on the "Consent Agenda". If discussion of an item on the "Consent Agenda" is desired, 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, non-controversial license requests, standard development contracts, calls for bid, reports of administrative actions and proposals, leases and agreements previously approved in principle, reports for filing 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. 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, 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. Any item removed from the "Consent Agenda" shall be placed on the City Council Agenda as a separate category . 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. ccbylaws.doc printed 1/20/99 6 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. 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. An abstention will be counted as a vote with the majority in the instance of a tie. C) 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". D) 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. E) When a question is put by the presiding officer, every member present shall vote; unless the Council, for special reason, shall excuse a member prior to the calling of the vote or a conflict of interest prohibits a member from voting. If a member abstains from voting based upon a conflict of interest, the Councilmember must advise the presiding officer of the nature of the conflict. 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. SECTION 6: MINUTE PREPARATION A) The City Manager is responsible for the minutes of the Meeting. The meeting proceedings will be audio and when available video tape recorded and noted by the Executive Secretary. 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. B) The official Minutes shall be prepared and presented to the City Council at the next regularly scheduled meeting as part of the agenda packet. The City Council shall review them and the presiding officer shall call for any additions or corrections. ccbylaws.doc printed 1/20/99 7 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 is responsible for the maintenance and filing of the Minutes. 1. Written minutes will be retained as a permanent record in paper or microfilm. 2. All audio and video tape proceedings will be retained in accordance with the City's data retention schedule. D) A verbatim transcript request of all or any part of a meeting may be requested by a member of the general public. A fee for the transcript shall consist of the actual costs for preparing such transcript, e.g., hourly wage, fringe benefits, copying and mailing costs unless the City has, for its own purposes, previously prepared a verbatim transcript. SECTION 7: ROLES AT MEETING A) All meetings of the City Council shall comply with the Minnesota Open Meeting law which requires meetings (with few exceptions) of all municipal bodies to be open to the public. The City Council of Prior Lake encourages citizen attendance. Public attendance at Council the meetings helps to develop a more enlightened and interested citizenry. B) Therefore, a Councilmember may recognize a member of the public for the purpose of allowing public input or a Councilmember may ask questions of a member of the public. C) Each individual member of the City Council may recognize a member of the public. 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. 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 presiding officer, if so requested by the author or a member of the City Council. In any case, the written communication shall become part of the record. The communication(s) may be read by the presiding officer or his/her designee. If the ccbylaws.doc printed 1/20/99 8 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 presiding officer has the same voting powers as do the Councilmembers. The presiding officer may vote whenever a vote is taken and he/she does not have any extra voting powers if the vote results in a tie, except as may be authorized by state statute. 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. G) The presiding officer has two unique powers: (1) interpreting and applying the rules of procedure; and (2) recognizing speakers from the audience. H) The presiding officer is responsible for maintaining order at the meetings. I) 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. J) 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. K) 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 assuming responsibilities as set forth above. In the absence from the City or disability of the Mayor, the Acting Mayor may execute documents on behalf of the City. L) All members of the City Council may make and second motions, participate in discussions and vote whenever a vote is taken. M) As individuals, Councilmembers have no administrative authority. When acting as a Council, however, the legislative body has authority over the appointed City ccbylaws.doc printed 1/20/99 9 Manager. This authority is restricted to conducting investigations and establishing policies for execution by the Manager. N) 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. 0) The Department Heads may attend all meetings. The Department Heads shall attend the meetings when directed by the City Manager. P) A memorandum report or brief explanation of each agenda item shall be included in the materials that accompany the agenda. The information provided by Staff should serve to inform the City Council on the subject matter under discussion. The information should explain in detail the Staff comments or work, or state that Staff will present the necessary details and comments at the meeting. 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 require a majority vote for approval unless otherwise specified below or prescribed by statute. B) Motions: A motion is a matter of parliamentary procedure. Motions are a formal method of bringing business before the Council and for stating propositions on which a decision will have to be made. It also can be used in the form of a proposal so that the City Council can act by resolution or by ordinance. Motions may be used to introduce resolutions and ordinances, to amend them, and to take any other actions concerning them. Motions may also be used for action on simple administrative acts, such as approving the monthly department reports. 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. C) Resolutions: Resolutions are normally used to reflect the City Council position on items of business that do not require or warrant an ordinance. Resolutions may be enacted on a motion which has been duly seconded, and are adopted if they receive a majority of the votes cast of the members present. ccbylaws.doc printed 1/20/99 10 The City Manager will maintain a record of all resolutions and will be responsible for the proper numbering and execution of each resolution adopted by the City Council. D) Ordinances: An ordinance, which has the force of law, 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 the ordinance. Consistent with State Statute the Council may authorize publication of a summary of the ordinance rather than its full text. The Council, by motion, must approve and authorize the proposed summary. Proof of publication shall be attached to and filed with every ordinance. All ordinances shall be reviewed by the City Attorney prior to presentation to the Council. The ordinance format includes: title; number; enacting clause; the contents or body; the penalty; the closing; the attestation, publication date and the effective date. The City Manager will maintain a record of all ordinances and will be responsible for the Prior Lake City Code and codification requirements. The Council may authorize the City Manager to contract for codification services. E) 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. 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 9: PUBLIC HEARING FORMAT 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 ccbylaws.doc printed 1/20/99 11 be opened at their designated time. The presiding officer may delay the start of a hearing until the business at hand is acted upon, in any manner, by the City Council. However in no circumstances can a hearing be opened prior to the predetermined and published time. 2. The presiding officer shall read 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 presiding officer announces the type of input to be received by the citizens - informal or formal including time limits, if any. 4. Staff makes a presentation or report on the subject matter for the hearing. 5. If applicable, the developer or consulting engineer makes a presentation or report on the subject matter. 6. The presiding officer asks for citizen input, comments and questions. 7. The City Council addresses the subject matter through deliberation, questions to citizens and Staff, and reactions and statement of position on the subject. 8. The presiding officer requests a motion to close the public hearing and states the time the hearing is closed. 9. The City Council may reserve the right to reopen a public hearing or receive additional information. 10. The City Council may take action on the subject matter. If the City Council decides to continue the hearing, the presiding officer, in consultation with the City Manager and City Council, shall select and announce a time and date for further deliberation and action. No additional publication or notice requirements are needed if a hearing is continued to a later date. SECTION 10: COMMITTEE STRUCTURE 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. ccbylaws.doc printed 1/20/99 12 The Planning Commission has been established by statutory authority and the structural composition and Commission rules are set forth in the City Code. Annually the City Council shall appoint a City Councilmember to be a liaison to a City board or commissions. No Councilmember shall serve as a liaison to the same Board or Commission for more than one year. The City Council shall prepare suggested bylaws for each Committee. At its first meeting of each year, the committee shall adopt the suggested 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. 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 and one City Councilmember who is the liaison to the committee, together with the Committee Chair (unless the appointment is the committee chair appointment or re-appointmentLshall interview all candidates and make a recommendation to the full City Council. No person will sit on any committee charged with the selection of the successor for that person. 3. The Councilmember who is liaison to the body 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 delegated to the City Council by statutory authority. D. The Council may meet with each committee/commission annually in a workshop to discuss goals and objectives, mutual concerns or questions and other business as appropriate. 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 ccbylaws.doc printed 1/20/99 13 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 11: PROVISIONS Such other rules that the City Council deems appropriate may be enacted. All matters of procedure not specified herein shall be governed by the City Code, State Statutes, or Federal Laws, whichever is applicable to the procedure in question. The rules herein may be suspended upon a 4/5 (80%) vote of the members for a specific meeting only. SECTION 12: REIMBURSEMENT FOR EXPENSES 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 alcoholic 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. 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. Council members attending seminars or conferences at City expense are expected to provide the Council with a summary of the meeting. ccbylaws.doc printed 1/20/99 14 SECTION 13: CODE OF ETHICS AND CONDUCT A) Declaration of Policy: The proper operation of democratic government requires that the public has confidence in the integrity of its government. In recognition of this goal, there is hereby established a Code of Ethics and Conduct for public officials. The purpose of this Code is to establish ethical standards of conduct for all such officials by setting forth those acts or actions that are incompatible with the best interests of the City, and by directing disclosure by such officials of private, financial or other interest in matters affecting the City. The provisions and purpose of this Code and such rules and regulations as may be established are hereby declared to be in the best interests of the City. B) Ethics in Government: Minnesota Statutes, Chapter 10A, Ethics in Government, is incorporated herein by reference. This policy shall be construed and interpreted in consultation with the City Attorney according to Minnesota Statutes and case law. C) Personal Conflicts of Public Officials: Any public official who has a potential conflict of interest, 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, favor or thing of value, regardless of amount whether in the form of money, service, loan, thing or promise from any person which to the official's knowledge is concerned, directly or indirectly in any manner whatsoever in business dealings with the City. E) 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. F) Commitments: To promote an on-aoina. effective workina relationship between Councilmembers. the Council has adopted a set of commitments which are attached to these bylaws as Appendix A. Councilmembers aaree to act in accordance with these commitments and recoanize their responsibility for encouraaina other Councilmembers to do the same. The Council will review and adopt the commitments annually with the bylaws to facilitate familiarity and renew commitment. ccbylaws.doc printed 2/9/99 15 APPENDIX A City Councilmember Commitments for Maintainina Effective Workina Relationships The effectiveness of the City Council in accomplishina its responsibilities is dependent upon the Councilmembers individuallv and collectivelv fulfillina the followina commitments. c:> As a courtesy to one another. Councilmembers will expeditiouslv supplv the Council with a COpy of any speech. presentation. articles or correspondence prepared as a City official. c:> Councilmembers will come to official meetinos prepared bv havina read the aaenda materials and bv alertina the City Manaaer or staff about Questions which they will be seekina answers to at the public meetina. c:> Councilmembers aaree to arrive prior to the appointed time for the meetina. c:> Councilmembers actina as liaisons to bodies within or outside the oraanization are expected to keep the remainder of the Council reaularlv informed about issues of importance. c:> Councilmembers will direct Questions to appropriate department heads for response. However. Councilmembers will not direct staff to prepare information or conduct work without the concurrence of the Council. c:> Concerns or complaints about the performance of the staff or manaaer are to be shared with the Cltv Manaoer. Staff follow-up will be confined to complainants who identify themselves. c:> Councilmembers will displav respect for one another. c:> Councilmembers will focus their eneroies on strateoic and policv issues. The City Manaoer is responsible for the implementation of the Council's policies. c:> Councilmembers will recoonize that the staff is responsible for administerinQlaws adopted bv the City Council in an impartial manner and will not request special considerations of any sort for themselves or others. c:> Councilmembers will at least annuallv update the City's Strateoic Plan and set obiectives for staff in the comino year which will realize the lona-term obiectives. c:> Councilmembers will recoonize they have a fiduciary duty to the City and will endeavor to protect the City. c:> Councilmembers aaree to thorouahlv debate their perspectives on policv Questions and decisions which come before them. but after the Council votes on the matter. individual Councilmembers recoanize that All Councilmembers are expected to support the Council decision. Councilmembers will strive to achieve consensus on maior issues throuah discussion. debate and workshops. ccbylaws.doc printed 2/9/99 16 APPENDIX B - Types of Motions: The following motions will be available for use by the members: 1. Main Motion - An act to bring substantive proposals before the City Council for consideration and action. After the motion is stated and seconded, the subject of the motion may be deliberated and voted upon. Deliberation may take place by the Mayor, Council, Staff or the general public as long as the procedures for citizen input are followed pursuant to Section 7.B of these Bylaws. 2. Amend Main Motion - A main motion that is being deliberated and has not been voted upon may be changed or modified by a motion, a second, deliberation and a subsequent vote. The only motion that may be amended is the main motion. 3. Postpone Definitely Motion- A motion to put off consideration or discontinue discussion of any motion on the floor and that which established a definite time for the motion to be reconsidered. A motion to postpone definitely requires a second, deliberation and a subsequent vote. 4. Vote Immediately Motion (Previous 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 Question motion is seconded. The first vote is to close the debate (requires two thirds majority vote) and, if that passes, the second vote is then on the original motion being deliberated prior to the Previous Question being called. If the close the debate motion fails, then deliberation on the original motion continues. 5. Substitute Motion: This is a motion which replaces the motion being considered with another motion on the same subject. A motion to substitute may be made for either a main motion or an amendment to a main motion. A substitute motion requires a motion and second. The Council then votes on the substitute motion and if that passes, the original motion dies. If the substitute motion fails, the deliberation on the original motion continues. 6. Withdraw a Motion: Any member of the City Council who has made an allowable motion has the authority to remove the motion from consideration by the total body. If a member desires to remove a motion that has been seconded, but not yet voted upon, the member who has seconded the motion must consent to the request of the member to remove the motion from consideration. If the motion has not been seconded, the member may remoye the motion from consideration by his/her own request. 7. Division of Motion - A motion that is composed of two or more independent sections or ideas may be deliberated, considered and voted on separately. ccbylaws.doc 17 prin ted 2/9/99 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 diyided into two or more individual motions. The presiding officer may rule on the eligibility of a motion which has been requested to be divided into two or more individual motions. 8. Privileaed Motion: These motions do not relate to pending business, but have to do with special matters of immediate and overriding importance, which without any debate, shall be allowed to interrupt the consideration of anything else. These motions can be made at any time, even if another motion is being considered at the time, and they must be settled or voted upon immediately. Motions to adjourn the meeting or take a recess cannot interrupt a speaker, while a motion on a question of privilege or point of vote can interrupt a speaker. Privileoed motions include: . Point of Order- Whenever a member thinks that the rules of the City Council are being violated, he/she can make a Point of Order. Whenever a question of the order is called, the presiding officer shall make a ruling on whether the City Council rules have been violated. If a Point of Order is to be raised, it must be raised promptly at the time the violation occurs. This procedure does not require a second, is not debatable and can be used to interrupt a speaker. . Appeal Decision of Chair: The presiding officer will be called on to rule on questions of City Council procedure as set forth in these Bylaws. The decisions of the presiding officer may be appealed by the City Council. A statement of appeal constitutes a motion which, in turn, requires a second and the opportunity for discussion. . Motion to Reconsider: A motion to reconsider any action taken by the Council may be made at the meeting at which such action was taken. 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. ccbylaws.doc 18 printed 2/9/99 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 ccbylaws.doc printed 2/9/99 19