HomeMy WebLinkAbout8D - City Council Bylaws Revisions
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
BACKGROUND:
DISCUSSION:
STAFF AGENDA REPORT
~
~~KBOYLES, CITY MANAGER' \\\
CONSIDER APPROVAL OF RESOL ION 97-XX
REVISIONS TO CITY COUNCIL BYLAWS
REGARDING: 1) PUBLIC HEARINGS, 2) CONSENT
AGENDA.
MAY 5,1997
The City Council directed that revisions be made to the
City Council bylaws which will fine tune them with
respect to the above listed items. This memorandum and
the attached resolution are intended to accomplish these
objectives.
The City Council desires to fine tune its bylaws as follows:
1) Public Hearings: The Council is concerned that the
public should be afforded an opportunity to be heard both
at the Planning Commission and City Council level, in
instances where significant new information is available.
In January this year the Council considered various Bylaw
amendments. One amendment added a paragraph as BC
which stated "Not withstanding the provisions of Section
VII of these Bylaws once the public hearing has been
closed, the City Council will not consider any additional
testimony or written materials." The January 1997 version
of the Bylaws were not distributed since we were in the
process of receiving input from employees and commission
members regarding conflict of interest and Code of Ethics.
This process has taken somewhat longer than anticipated.
The attached bylaws reflect the changes made by the
Council at the January, 1997 meeting. In accordance
with Council direction, this paragraph has been deleted.
The bylaws also include as Section IX, A. 9, "...The
16200 E.sE:oom Ave. S.E., Prior Lake. Minnesota 55372-1714 1 Ph. (612) 447-4230 1 Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
presiding officer may reserve the right to reopen a public
hearing subject to the discretion of the City Council."
We would recommend that this sentence be changed by
adding the following words after public hearing: "or
receive additional information." The addition of these
words allows the Council to receive additional input
without the delay and cost entailed in scheduling and
providing public notice of an additional hearing.
2) Consent Agenda: The City Council requested that the
bylaws be revised to indicate that any item taken off the
Consent Agenda is automatically heard following the
items of new business. The attached resolution amending
the bylaws reflects this change.
The items for the Consent Agenda are now defined in the
bylaws to include only those items which are both routine
and non-controversial. Some examples are included in the
resolution amending the bylaws.
AL TERNATIVES:
The Council has the following alternatives:
1. Adopt Resolution 97-XX and this report reVIsmg the
bylaws as proposed.
2. Consider other bylaw amendments and adopt.
RECOMMENDATION: Either alternative #1 or #2. Following Council action the
bylaws will be revised and distributed. The Conflict of
Interest and Code of Ethics recommendations will be
submitted as ordinance amendments.
ACTION REQUIRED: Motion and second to adopt Resolution 97-XX and this
report revising the bylaws as recommended by the City
Attorney or with modifications desired by the City
Council.
Att.
52978F.DOC
RESOLUTION 97-XX
RESOLUTION AMENDING THE CITY COUNCIL BYLAWS TO
DEFINE ACTIONS APPROPRIATE FOR INCLUSION ON A
CONSENT AGENDA.
MOTION BY: SECOND BY:
WHEREAS, The City Council by-laws provide for a Consent Agenda; and
WHEREAS, the City Council desires to define the purpose of the Consent
Agenda and to define what kinds of agenda items are
appropriate to place on the Consent Agenda; and
WHEREAS, from time to time a Council-member may desire to remove an
item from the Consent Agenda for discussion and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
PRIOR LAKE, that the City Council finds and directs that the following
paragraphs a) - h) be added to section IV E of the Council By-laws following
the first full sentence. Delete the remaining language in paragraph E.
a) The purpose of the "Consent Agenda" is to group items, for consideration of
a routine and non-controversial under one motion.
b) There will be no separate discussion of items placed on the "Consent
Agenda" .
c) If discussion of an item on the "Consent Agenda" is desired, that item will
be removed from the Consent Agenda and considered separately as the last
item under new business. Items may be removed for good cause if a
Councilmember or member of the public wish to address the Council on the
subject.
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AN EQUAL OPPORTUNITY EMPLOYER
d) The City Manager shall determine what items may be considered routine
and non-controversial; and therefore appropriate for inclusion as a Consent
Agenda item.
e) 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, Auditor's reports, Standard Development Agreements, Calls for Bid,
Reports of Administrative Actions and Proposals, Leases and Agreements
previously approved in principle, Set dates for Public Hearings, Approval of
payment of contracts, approve the unanimous recommendations of Advisory
Committees, Approval or Denial of Claims, award of bids, any other item the
City Manager considers routine and non-controversial.
f) Following each consent agenda item the City Manager shall provide a brief
description of the Consent Agenda item; e.g.
1) Approval of a contract with XYZ . Company in the amount of
$XX,XXX. to provide engineering consulting services recommended by
director of Public Works/City Engineer.
2) An Ordinance amending section X-X-X of the City Code of Prior
Lake to provide for the regulation of massage therapy businesses.
Recommended by City Manager and Finance Director.
3) Approve contract no. 97 -XX for the paving of anyname road to ABC
paving company in the amount of $x,xxx.
4) Accept for filing report and recommendation from Engineering
Department on traffic control study.
g) The City Council agenda shall include the following Statement:
Those items on the Council Agenda which are considered routine and non-
controversial are included as part of the Consent Agenda. Unless the Mayor,
a councilmember, or member of the public, for good cause, specifically
requests that an item on the Consent Agenda be removed and considered
separately, items on the Consent Agenda under one motion, second and a roll
call vote. Those items so approved under the heading "Consent Agenda" will
appear in the Council minutes in their proper form, i.e. resolution accepting
grant deed or easement, adoption of Ordinance 97 -XX establishing X42. Any
item removed from the "Consent Agenda" shall be placed on the City Council
Agenda as a separate category after new business.
528D.DOC
h) The City Council bylaws shall be amended to revise section IV A - Meeting
Agenda Format as follows:
Between New Business and Other Business insert "Removed Consent Agenda
Items" and renumber accordingly.
Passed and adopted this
day of
,1997.
YES NO
Andren Andren
Greenfield Greenfield
Kedrowski Kedrowski
Mader Mader
Schenck Schenck
{Seal} City Manager
City of Prior Lake
528D.DOC
CITY OF PRIOR LAKE, MINNESOTA
MAYOR AND CITY COUNCIL
BYLAWS
Adopted on May 27,1986
Revisions:
January, 1991
January, 1993
May, 1993
January, 1994
January, 1995
January, 1996
January, 1997
FRANK BOYLES
CITY MANAGER
CCBY97.DOC
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TABLE OF CONTENTS
SECTION I PURPOSE
3
SECTION II MEETINGS AND SPECIAL MEETINGS
4
SECTION III ANNUAL MEETING
5
SECTION IV MEETING AGENDA FORMAT
6
SECTION V QUORUM AND VOTING PROCEDURES
8
SECTION VI MINUTE PREPARATION
8
SECTION VII ROLES AT MEETING
10
SECTION VIII MOTIONS, RESOLUTIONS, ORDINANCES
13
SECTION IX PUBLIC HEARING FORMAT
17
SECTION X COMMITTEE STRUCTURE.
18
SECTION XI PROVISIONS
20
SECTION XII REIMBURSEMENT FOR EXPENSES
21
SECTION XIII CODE OF CONDUCT
22
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SECTION I - PURPOSE
A. Purpose of the Prior Lake City Council Bylaws is to provide the members of the City
Council with a set of operating procedures designed to guide them during the
Council meetings, and to establish a code of ethics and conduct.
B. The Bylaws shall be considered and adopted at the Annual Meeting of the Prior
Lake City Council. The Annual Meeting is the first regular meeting in January. If
at its Annual Meeting, the Council, by majority vote, requires additional time to
consider proposed amendments it may defer further consideration until a date
certain. During the additional time taken to consider and deliberate the existing
Bylaws shall govern. An amendment may be proposed by any member of the City
Council. Any changes or amendments to the Bylaws shall follow this procedure:
1. A motion to amend a specific section, subsection, paragraph, sentence,
or line is proposed.
2. A second to the motion is required.
3. Discussion on the Bylaws amendment occurs.
4. The vote is taken. A simple majority is required to pass the Bylaws.
5. Bylaws can be reviewed and amended at any time during the year.
However once the Bylaws are adopted at the Annual Meeting or
thereafter if the Council has deferred action at its Annual Meeting, no
rule of the Council shall be suspended, altered, or rescinded except
upon the affirmative vote of four members of the Council unless notice
of such change shall have been given at a previous meeting in which
case only a majority shall be required.
SECTION II -REGULAR. SPECIAL AND EMERGENCY MEETINGS
A. REGULAR MEETINGS. The Prior Lake City Council regular meeting shall be held
on the first and third Mondays of each month commencing at 7:30 p.m. All regular
meetings shall be held in the designated City Council Chambers. An open forum
shall precede the second meeting of the month. The forum will commence at 7:00
p.m. and conclude at 7:25 p.m. The purpose of the forum is to afford the public an
informal opportunity to address concerns to the Council.
When a regular meeting is projected to fall on the same day as that of an official
holiday, the City Council may cancel the meeting that falls on the official holiday or
reschedule the meeting for the following business day (Tuesday) at the same time
(7:30 p.m.) and place (City Council Chambers).
The City Council may consult with the City Manager to determine the amount of
business pending and decide by consensus to reschedule or cancel the meeting. If a
CCBY97.DOC
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decision cannot be decided by consensus, a simple majority vote of the City Council
shall prevail.
The City Manager shall post notice and publish in the paper the decision of the City
Council to cancel or reschedule the meeting. (See Policy 88-01 regarding unusual
circumstances)
B. SPECIAL MEETINGS. Special Meetings may be called by the Mayor or any two (2)
members of the City Council. Written notice shall be given to each member of the
City Council of the time, place and purpose of the meeting. The notice shall be
delivered to the member or a responsible person at the member's residence at least
twenty-four (24) hours in advance of the meeting. All notices of special meetings
shall be posted at City Hall at the time the written notices to the members is
prepared. (See City Code Section 1-5-2.) Notice shall also be provided to any
member of the public or news media who have requested notification in writing.
C. EMERGENCY MEETINGS. The City Council may call an emergency meeting. For
emergency meeting, the City Manager shall make good faith efforts to provide
notice of the meeting to each news medium that has filed a written request for
notice if the request includes the news medium's telephone number. Notice of the
emergency meeting shall be given by telephone or by any other method used to
notify the members of the City Council. Notice shall be provided to each news
medium which has filed a written request for notice as soon as reasonably
practicable after notice has been given to the Councilmembers. Notice shall include
the subject of the meeting. Posted or published notice of an emergency meeting
shall not be required. An "emergency" meeting is a special meeting called because
of circumstances that, in the judgment of the Mayor, require immediate
consideration by the City Council. If matters not directly related to the emergency
are discussed or acted upon at an emergency meting, the minutes of the meeting
shall include a specific description of the matters. The notice requirement of this
paragraph supersedes any other statutory notice requirement for a special meeting
that is an emergency meeting. In the absence of the Mayor, the Acting Mayor may
call an emergency meeting.
D. Except as otherwise provided in the Minnesota Open Meeting Law, M.S.A., Section
471.705, all meetings of the City Council, including special and adjourned meetings
shall be open to the public.
E. The Agenda will be prepared by the City Manager and shall be available the
Wednesday before the following Monday meeting, except in the event of a holiday
during agenda preparation week in which case the Agenda will be available on
Thursday. The Agenda shall include the items set forth in Section 4.A - Order of
Business.
Copies of the Agenda, Minutes, and supporting documentation shall be made
available:
1. From the City Manager's office once the materials have been mailed
to the Councilmembers, and
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2. In the Council Chambers for public inspection at the time of the
meeting.
F. It is the proper performance for a member of the City Council to attend all regularly
scheduled meetings, or any special meeting(s) of which proper notice was duly
received. A member shall inform the City Manager when an absence is planned or
pending prior to the meeting. The City Manager shall inform the members of the
City Council at the meeting that the member cannot be in attendance at the
meeting.
SECTION III - ANNUAL MEETING
A. The Annual Meeting shall be the first regularly scheduled meeting in January.
Regular business may be conducted during the annual meeting and the following
organizational business is required to be on the Annual Meeting agenda:
1. Swear in newly elected officials, if applicable.
2. Acting Mayor.
3. Official newspaper.
4. Official bank.
5. Equalization Committee.
6. Fire Chief/Assistant
7. Auditing Firm.
8. Fiscal Consultant.
9. Civil Defense Director
10. Health Officer
11. Approval of City Council Appointed Committee Bylaws and
Procedures.
12. City Council Bylaws Review.
13. Animal Control Officer.
14. Yearly Fee Schedule.
SECTION IV - MEETING AGENDA FORMAT
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A. Business of the meeting will be conducted according to the Agenda prepared by the
City Manager. The City Manager will prepare an agenda that follows this
procedure:
1. Call to Order
2. Pledge of Allegiance
3. Approval of Minutes
4. Consent Agenda
5. Presentations
6. Public Hearings
7. Old Business
8. New Business.
9. Other Business - Including Councilmember Reports
10. Announcements and Correspondence
11. Adjournment
B. The presiding officer may change the time an item is to be considered on the agenda
if it is determined that changing the time will promote expediency of the meeting.
This applies to all agenda items except those that are scheduled for a public
hearing.
C. The City Manager maintains a record of the items scheduled to appear on the
meeting agenda.
If a member of the City Council requests an item to be placed on the next agenda of
a regularly scheduled meeting, the member must inform the City Manager of this
request no later than 11:00 a.m. on Wednesday before the regularly scheduled
meeting.
If a citizen requests to appear before the City Council or requests an item to be
placed on the Agenda, the City Manager may (1) determine whether the item is
appropriate to place on the Agenda; and if so, (2) determine the City Council Forum
or regular City Council meeting date and time for which the item(s) will be
considered by the City Council.
D. An item of business which is not scheduled for the Agenda and which is presented
for discussion by the general public under Other Business may be considered for
discussion and action at a future regular meeting or at the forum. The City Council
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may use its discretion on the decision to take formal action on nonscheduled citizen
request items.
Members of the City Council and staff may present items under Other Business
that will be discussed and deliberated for the first time. These items should, for the
most part, be informational. The City Council has the authority to request action or
take a formal position on the item(s); however, this shall be done on an item by item
basis.
E. With the adoption of Bylaws, a Consent Agenda is created. The purpose of the
Consent Agenda is to reduce the amount of City Council time spent on routine and
noncontroversial items. The City Manager has the authority to prepare a calendar
or list of routine and noncontroversial items to be adopted or approved by the City
Council by general consent.
A member of the City Council may eliminate an item from the Consent Agenda for
individual discussion and action. A member may request an item to be removed
from the Consent Agenda. If an item is removed, the item will be placed on the
regular agenda by the Mayor and considered immediately following the consent
agenda.
F. The presiding officer may call a recess at any time during the meeting. The purpose
of the recess is to provide the City Council, staff and individuals at the meeting a
short rest period from the Council business. The recess must be called for a specific
length of time. The presiding officer may reconvene or extend the recess without
regard to the initial length of the called recess.
SECTION V - QUORUM AND VOTING PROCEDURES
A. At each meeting a majority of all the members elected (3 out of 5) shall constitute a
quorum for the transaction of business.
B. The voting options available to the City Council when a vote has been initiated are:
aye - an affirmative vote; nay - a negative vote. A Councilmember may abstain
only when they have a disqualifying conflict of interest.
When a vote is to be taken, the presiding officer shall first call for the ayes, then the
nays. The votes of each member shall be recorded in the Minutes. If a member of
the City Council is absent during a vote, the member's vote for the official Minutes
shall read as "absent".
C. Three votes shall be necessary for approval of any ordinance unless a larger number
is required by statute. A majority vote of a quorum is necessary for the approval of
all general motions and resolutions.
D. When a question is put by the presiding officer, every member present shall vote;
unless the Council, for special reason, shall excuse a member prior to the calling of
the vote or conflict of interest prohibits a member from voting. If a member
CCBY97.DOC
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abstains from voting based upon a conflict of interest, the Councilmember must
advise the presiding officer of the nature of the conflict. Otherwise, any
Councilmember, who being present when his or her name is called fails to vote upon
any then pending proposition, shall be recorded as having voted in the positive.
E. The most important single responsibility of a councilmember is to inform
themselves of the issues before the Council and to attend meetings. The Council
shall have the authority to compel the attendance of members at meetings and to
punish nonattendance by imposing a fine, not to exceed ten ($10.00) dollars or by
deducting a pro-rata part of the absent members monthly compensation.
SECTION VI - MINUTE PREPARATION
A. The City Manager is responsible for the minutes of the Meeting. The meeting
proceedings will be tape recorded and noted by the Executive Secretary or a
designated representative from the City Manager's Office. The minutes are the
official record of the meeting. The tape recording is intended to supplement the
minutes and are not the official record.
The following two requirements for Minute preparation shall be adhered to:
1. All motions typed in capital letters.
2. List the names of the City Council after their vote on each motion.
Beside the addition of Numbers 1 and 2 above, the Minutes shall be prepared
consistent with the existing style as of the adoption of these Bylaws.
B. The official Minutes shall be prepared and presented to the City Council at the next
regularly scheduled meeting. The Minutes do not have to be read aloud. The City
Council shall review them and the presiding officer shall call for any additions or
corrections.
If an addition or correction is presented, the change must be specific as to place,
paragraph, and sentence, if applicable.
Approval of the minutes requires a motion, second and a majority vote of the
members present at the meeting.
C. The City Manager's Office is responsible for the maintenance and filing of the
Minutes. The following procedure will be used in the filing of the Minutes:
1. All Minutes prior to January 1, 1983 will be retained in hard copy
only.
2. All Minutes after January 1, 1983 will be retained in hard copy and
computer file copy.
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3. All tape proceedings, excluding public hearings, must be kept for one
year from the date of recording.
4. All tape proceedings that include public hearings must be kept for
seven years from the date of recording.
D. A copy of the Minutes of the meeting shall be distributed the week following the
regularly scheduled meeting on either a Wednesday (or in the event of a holiday on
Thursday) together with the Agenda packet for the next meeting.
The minutes will be distributed to the Mayor,councilmembers, City Attorney, selected
staff, Planning and Zoning Committee Members and members of the media who have made
a written request to receive copies. A copy of the Agenda and Minutes are available upon
request to the public.
E. Remarks made by a member of the City Council may be entered into the Minutes
by stating that he or she desires to go on the record. These remarks shall be
entered into the Minutes by the Executive Secretary by way of synopsis, or
verbatim, if an individual member requests a verbatim record.
A verbatim transcript request of all or any part of a meeting may be requested by a
member of the general public. A fee for the transcript shall consist of the actual
costs for preparing such transcript, e.g., hourly wage, fringe benefits, copying and
mailing costs.
SECTION VII - ROLES AT MEETING
A. All meetings of the City Council shall comply with the Minnesota Open Meeting law.
requires meetings (with few exceptions) of all municipal bodies to be open to the public.
The City Council of Prior Lake encourages citizen attendance. Public attendance at
Council the meetings helps to develop a more enlightened and interested citizenry.
Minnesota State Law does not expressly permit citizens to take an active part in the
meeting proceedings or intervene directly in the conduct of business. However the
City Council, through the Bylaws, recognizes the importance of timely and orderly
citizen input at the meetings.
B. On the majority of the Agenda items, if not all items, the time for direct citizen input,
comments and questions will be immediately after the City Staff report and/or
presentation. During this time period, every member of the public desiring to speak
shall address the presiding officer (by raising a hand or standing up) and upon
recognition, shall indicate their name, address, who they represent if other than
themselves and confine their remarks to the issue under consideration. The
presiding officer may: establish time constraints at the beginning; impose time
limitations on the speakers; tell everyone at the outset that the Council does not want
to hear long-winded speeches and speakers who repeat the same point will be cut off,
request a representative to speak on behalf of a group; and tell the public that applause
or interruption by the public is not appropriate. All persons will be given an
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opportunity to speak once before a person may speak twice. The presiding officer
may use his/her discretion when an individual member of the public requests to speak
more than once on a single issue. The presiding officer may withdraw recognition of a
member of the public if the individuals comments are rude, discourteous, disrespectful,
or not germane to the proposition before the Council.
C. Immediately after the citizen input is finished on the issue, the members of the City
Council take turns addressing the issue. Each individual member of the City Council
may recognize a member of the public when the member has been recognized to speak
by the presiding officer. Members of the City Council must use judgment and discretion
when recognizing members of the public to speak during the time they have the floor.
Members of the Council may also ask questions of Staff in order to clarify their
understanding of the relevant information necessary to make an informed judgment.
In preparation for Council meetings, Councilmembers should contact the City Manager,
in sufficient time prior to the meeting, to advise the question they intend to ask in
order for the City Manager to attempt to bring the additional information to the
Council meeting.
When questioning the City Manager and City Staff the Councilmember shall act
respectfully toward the staff. The presiding officer shall have the right to discontinue
questioning by the member if not done in a courteous and respectful manner.
No Councilmember shall request a member of the public to raise questions on the
Councilmember's behalf.
D. Members of the general public, interested parties or their authorized representatives
may address the City Council by written communications in regard to matters under
discussion. Written communications may be read aloud at the meeting at the discretion
of the chair, if so requested by the author or a member of the City Council. In any
case, the written communication shall become part of the record. The
communication(s) may be read by the presiding officer or his/her designee. If the
communication is lengthy, the presiding officer may summarize the content and advise
that the full text of the communication will be part of the record and available to the
public for review.
E. The Mayor has the same voting powers as do the Councilmembers. The Mayor may
vote whenever a vote is taken and he/she does not have any extra voting powers if
the vote results in a tie.
F. The Mayor shall be the presiding officer at all meetings. If the Mayor is absent, the
Acting Mayor shall preside at the meeting. If in the event the Mayor and Acting Mayor
are absent, the City Manager shall call the meeting to order and preside until such
time the City Council elects among itself a member to preside at the meeting. The
presiding officer, at all times, shall be allowed to vote in the same manner as all other
councilmembers.
The presiding officer has two unique powers: (1) interpreting and applying the
rules of procedure; and (2) recognizing speakers from the audience. Such authority,
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although considerable, should not be freely used in support of the presiding officer's
own convictions. That official has an obligation to be impartial and objective in
conducting the meeting.
The presiding officer is responsible for maintaining order at the meetings. Although
meetings must be open to the public, no person who is noisy or unruly has a right to
remain in the Council Chambers. When individuals abuse their rights to be
present, the presiding officer, subject to overrule by the Council, can order their
removal from the room.
The presiding officer shall open all public hearings at the predetermined time and
date. The presiding officer may, for informational purposes, state the purpose of the
hearing or read the public notice calling for the hearing into the record of the meeting
proceedings. See Section 9.
The presiding officer shall recognize all speakers from the audience, except when a
member of the Council has the floor and they expressly recognize a member of the
audience who desires to speak on the issue under consideration.
The presiding officer has the responsibility to facilitate discussion by the City
Council. This may occur in a variety of ways, including:
1. Interpret and apply rules of procedure.
2. Decide whether motions are properly made.
3. Decide whether motions are in order.
4. Decide whether questions of special privilege ought to be granted.
5. Decide when to recognize speakers.
6. Call for motions or recommend motions.
7. Expel disorderly persons from the meeting.
8. Enforce speaking procedures.
If a motion is unnecessary, unsuitable for consideration, and/or proposed at an
inopportune time for the purpose of delaying or embarrassing others, the presiding
officer may rule the motion out of order on his/her own initiative.
H. One member of the Council shall serve as Acting Mayor elected by the Council at
the Annual Meeting. The Acting Mayor shall preside at all meetings when the Mayor
is absent from the meeting.
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When the Acting Mayor is presiding at the meeting, he/she shall assume the
authority and responsibility of the presiding officer at the Meeting as specified within
Section 7 G of the Bylaws.
All members of the City Council may make and second motions, participate in
discussions and_vote whenever a vote is taken.
Councilmembers' statutory duties are to be performed, almost without exception,
by the Council as a whole. The Council, not individual members is charged with
formulating policies and exercising City powers delegated to them by Statute and
supervising administrative officers. All inquiries about City affairs shall be made
through the City Manager. A Councilmember shall advise the City Manager before
contacting a staff member directly. Councilmembers cannot give orders, indicate their
preferences or otherwise supervise City employees.
Councilmembers should devote their official time to problems of basic policy.
Councilmembers should raise questions and express their views on issues and basic
policy during Council meetings where their fellow Councilmembers have an opportunity
to debate the issue and provide additional facts. To do otherwise is self-serving, a
breach of the public trust, and disrespectful of the office to which they were elected.
As individuals, Councilmembers have no administrative authority. When acting as
a Council, however, the legislative body has authority over the appointed City
Manager. This authority is restricted to conducting investigations and establishing
policies for execution by the Manager.
1. The City Manager shall attend all meetings of the City Council with the right to
take part in the discussions, but not to vote. In the absence of the City Manager,
the Assistant City Manager or designated department head shall serve as the
City Manager's representative at the meeting.
J. The Department Heads may attend all meetings. The Department Heads shall
attend the meetings when directed by the City Manager.
K. A memorandum report or brief explanation of each agenda item shall be
included in the Agenda Report that accompanies the Agenda. The information
provided by Staff should serve to inform the City Council on the subject matter
under discussion. The information should explain in detail the Staff comments or
work, or state that Staff will present the necessary details and comments at the
meeting.
L. A copy of the Agenda and staff reports incidental to Agenda items shall be placed
outside the Council chamber in order to be available to the public.
SECTION VIII - MOTIONS. RESOLUTIONS. ORDINANCES
A. The City Council may take formal action in any of three methods - motions,
resolutions or ordinances. All motions in any form require a second unless
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otherwise stated below. All votes of the City Council in any of the three methods
require a majority vote for approval. The specific majority required for each is
specified in the Bylaws.
B. Motion:
A motion is a matter of parliamentary procedure. Motions are a formal method of
bringing business before the Council and for stating propositions on which a
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 fun and be reasonably understood, to the extent
practical, before it is submitted to a vote by the presiding officer.
All motions of the City Council are adopted if they receive a majority of the votes
cast (unless otherwise stated below) by the members present. To illustrate, if
two members of the Council vote in favor of a motion, one votes against it, and
two abstain from voting, the motion is considered passed.
The following motions will be available for use by the members:
1. Main Motion - An act to bring substantive proposals the City Council for
consideration and action. Mter the motion is stated and seconded, the
subject of the motion may be deliberated and voted upon. Deliberation
may take place by the Mayor, Council, Staff or the general public as long as
the procedures for citizen input are followed pursuant to Section 7.B of these
Bylaws.
2. Rescind Main Motion - A main motion that was adopted, regardless of the
length of time since the adoption, may be rescinded by a motion, a second,
deliberation and a subsequent vote. The only main motions that cannot be
rescinded are when the original motion called for an action that has since
been performed, i.e., contract has been signed, money paid out, or when a
specific deadline has passed.
3. Amend Main Motion - A main motion that is being deliberated and has
not been voted upon may be changed or modified by a motion, a second,
deliberation and a subsequent vote. The only motions that may be amended
are the main motion and a motion to amend the main motion.
4. 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.
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5. Vote Immediatelv Motion (Previous Questions) - A motion to prevent or
stop deliberation on a pending motion and to bring the pending motion to an
immediate vote. A motion to the "Previous Question" requires a second and
a two-thirds majority vote to pass, however, no discussion is allowed on the
motion. Two votes are required when a Previous Questions motion is
seconded. The first vote is to close the debate (requires two thirds
majority vote) and, if that passes, the second vote is then on the original
motion being deliberated prior to the Previous Question being called. If the
close the debate motion fails, then deliberation on the original motion
continues.
6. Substitute Motion: This is a motion which replaces the motion being
considered with another motion on the same subject. A motion to substitute
may be made for either a main motion or an amendment to a main motion. A
substitute motion requires a motion and second. The Council then votes
on the substitute motion and if that passes, the original motion dies. If the
substitute motion fails, the deliberation on the original motion continues.
7. Withdraw a Motion: - Any member of the City Council who has made an
allowable motion (1-6, Section B) has the authority to remove the motion
from consideration by the total body. If a member desires to remove a
motion that has been seconded, but not yet voted upon, the member who has
seconded the motion must consent to the request of the member to remove
the motion from consideration. If the motion has not been seconded, the
member may remove the motion from consideration by his/her own request.
8. Division of Motion - A motion that is composed of two or more independent
sections or ideas may be deliberated, considered and voted on separately.
Each section or idea that is to be voted on separately must be acted upon
through a separate motion, second, discussion and subsequent vote. Any
member of the City Council may request a motion to be divided into two or
more individual motions. In order to be divided, the motion must consist
of two or more propositions, each of which is capable of standing alone
and each of which must be suitable for adoption in the event one of the other
motion(s) does not pass.
The presiding officer may rule on the eligibility of a motion which has been
requested to be divided into two or more individual motions.
9. Privileged Motion: These motions do not relate to pending business, but
have to do with special matters of immediate and overriding importance,
which without any debate, shall be allowed to interrupt the consideration
of anything else. These motions can be made at any time, even if another
motion is being considered at the time, and they must be settled or voted
upon immediately. Motions "a" and "b" below cannot interrupt a speaker,
while motion "c" below can interrupt a speaker.
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a. Adiourn the Meeting - Requires a motion, second and a majority vote
of the members present to pass.
b. Take a Recess: Requires a motion, second and a majority vote of the
members present to pass.
c. Questions of Privilege and Point of Vote, unless it is objected,
whereupon the motion must be seconded and put to a vote. Primary
purpose is to correct an attack or inaccurate statement made by an
individual to a member of the City Council. In addition, these motions
may be used for such purposes as to move to a position where the
proceedings may be better heard, to request a speaker to speak more
loudly, to clarify statements made, and to correct concerns with the
room atmosphere: heating, lighting, etc. The presiding officer is
expected to honor the request of a member unless it is dilatory in
intent.
10. Point of Order- Whenever a member thinks that the rules of the City
Council are being violated, he/she can make a Point of Order. Whenever a
question of the order is called, the presiding officer shall make a ruling on
whether the City Council rules have been violated. If a point of order is to be
raised, it must be raised promptly at the time the violation occurs. This
procedure does not require a second, is not debatable and can be used to
interrupt a speaker.
11. 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. All votes on appeal motions require a
majority vote of the member present for approval.
12. Motion to Reconsider: A motion to reconsider any action taken by the Council
may be made at the meeting at which such action was taken. It may be made
either immediately during the same session or at a recessed or adjourned
session thereof. Such motion must be made by one of the prevailing side, but
may be seconded by any member and may be made at any time and have
precedence over all other motions or while a member has the floor; it shall be
debatable. A motion for reconsideration requires only a majority vote
regardless of the vote necessary to adopt the motion reconsidered. Nothing
herein shall be construed to prevent any member of the Council from making
or remaking the same or any other motion at a subsequent meeting of the
Council.
C. Resolutions- Resolutions should be used for any action of a temporary, routine, or
administrative nature. Resolutions will also be used to comply with statutory
requirements for certain administrative procedures.
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Resolutions, rather than motions, are normally used to reflect a stronger City
Council position on items of business that do not require or warrant an
ordinance. Resolutions may be enacted on a motion which has been duly seconded.
Resolutions are adopted if they receive a majority of the votes cast of the members
present.
The City Manager will maintain a record of all hard copy resolutions and will
be responsible for the proper numbering and execution of each resolution
adopted by the City Council.
D. Ordinances: - An ordinance which has the force 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 ordinance. Consistent with State Statute the Council may authorize
publication of a summary of the ordinance rather than its full text. Proof of
publication shall be attached to and filed with every ordinance~
All final drafts of an ordinance shall be prepared by the City Attorney, or
qualified staff, with final review by the City Attorney prior to a~al by Council,
and may must include provisions, including the title; the number; the enacting
clause; the contents or body; the penalty; the closing; the attestation and the
effective date.
The City Manager will maintain a record of all ordinances and will be
responsible for the Prior Lake City Code and codification requirements. The
Council may authorize the City Manager to contract for codification services.
E. Council Proceedings The proceedings of the City Council shall be conducted in
accordance with these Bylaws. If these Bylaws do not address a procedure, Robert's
Rules of Order, Newly Revised, may be consulted. Failure to comply with these
Bylaws or Robert's Rules of Order shall not invalidate Council action unless at the
time the action is taken or promptly thereafter a member of the Council objects to
the method of procedure and point out to the Council the particular rule which it is
claimed was not observed~
SECTION IX - PUBLIC HEARING FORMAT
A. Public Hearings shall be conducted in the following manner:
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1. The presiding officer calls the Public Hearing to order and
declares the time of opening. It is the intent of the City Council to
open all public hearings at the predetermined and published time.
From a practical standpoint not all hearings can be opened at their
designated time. The presiding officer may delay the start of a
hearing until the business at hand is acted upon, in any manner,
by the City Council. It will be the general policy of the City Council
to open and conduct hearings at their established time. In no
circumstances can a hearing be opened prior to the predetermined
and published time.
2. The presiding officer reads from the hearing notice the details on
the hearing sufficient to provide the public a general understanding
of the purpose of the hearing.
3. The Executive Secretary shall pass out to the audience a sign-up
sheet with columns for name, address and phone number. This
sheet shall become part of the hearing record.
4. The presiding officer announces the type of input to be received by
the citizens - informal or formal.
5. Staff makes a presentation or report on the subject matter for the
hearing.
6. If applicable, the developer makes a presentation or report on the
subject matter.
7. The presiding officer asks for citizen input, comments and questions.
8. The City Council addresses the subject matter through deliberation,
questions to citizens and Staff, and reactions and statement of
position on the subject.
9. The City Council may take action on the subject matter.
10. The presiding officer closes the public hearing and states the time
the hearing is closed.
B. If the City Council decides to continue the deliberation on the subject matter of a
hearing, the presiding officer, in consultation with the City Manager and City
Council, shall select a time and date during a future regularly scheduled meeting
to continue the hearing for further deliberation and possible action.
No additional publication or notice requirements are needed if a hearing is
continued to a later date.
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01{ .'
SECTION X - COMMITTEE STRUCTURE
A. The existing Committees of the City Council and their regulatory provisions are
as follows:
1. Planning Advisory Commission: City Code 2-3.1 to 2-3-4.
2. Park Advisory Committee: City Council adopted Bylaws.
3. Lake Advisory Committee: City Council adopted Bylaws.
The Planning Commission has been established by statutory authority and the
structural composition and Commission rules are set forth in the City Code.
The City Council shall prepare suggested Bylaws for each Committee. At its first
meeting of each year, the committee shall adopt the Bylaws or recommend changes
to the City Council. The City Council must approve any requested or recommended
change. Amendments to a committee's Bylaws may be proposed to the Council at
any time subsequent to their annual adoption. The City Council on its own
initiative may adopt changes to a Committee's Bylaws.
B. Vacancies in the City Council's Committees shall be filled in the following manner:
1. Notice of vacancy is made public and interested individuals may
be contacted and encouraged to consider the position.
2. The City Manager, Mayor and Department Head, together with the
Committee Chair shall interview all candidates and make a
recommendation to the full City Council.
3. The Mayor shall present the recommendation to the City Council and
the Council may accept or reject the recommendation. If they reject
the recommendation, they shall appoint someone else or decide to
reopen the vacancy to the public for new individuals.
C. The City Council may establish advisory Committees from time to time to study,
research, analyze and make recommendations on a particular issue or subject
matter. The Committees shall be established through one of four means: provision
in the Bylaws, motion, resolution or ordinance.
The Committees shall consist of as many members and perform such duties as
the City Council may require. Committees may only exercise those duties assigned
to them by the City Council (conduct investigations, make reports on facts,
interview individuals). The Committees may not make decisions regulated to the
City Council by statutory authority.
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D. The Council will 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 committee should be limited to special policy problems or
to certain public relations functions that are not the responsibility of
administrative personnel. Committees may exercise all duties which the Council
has legally assigned to them. They can make recommendations to the Council, but
not make decisions on behalf of the council. Committees are subject to the same
rules as the full Council under the open meeting law. The Council's final decision,
not the committee's recommendation, binds the City.
SECTION XI - PROVISIONS
A. Such other rules that the City Council deems appropriate may be enacted. All
matters of procedure not specified herein shall be governed by the City Code, State
Statutes, or Federal Laws, whichever is applicable to the procedure in question.
B. These Bylaws shall govern the procedures of the Prior Lake City Council
immediately upon adoption. If an issue is raised or point is made which is not
covered in the Bylaws, the procedures to respond to the issue or point shall be
governed by Robert's Rules of Order Revised.
C. The rules herein may be suspended upon a 4/5 (80%) vote of the members for a
specific meeting only.
SECTION XII - REIMBURSEMENT FOR EXPENSES
A. Effective upon adoption, the following regulations will govern all travel, mileage
and meal reimbursement expenses in the conduct of official Council business:
1. Reimbursement for meals and parking are intended to refund
actual costs incurred. A receipt is required for reimbursement for
each. No alcohol related beverage is eligible for reimbursement.
2. Reimbursement for travel, other than mileage are intended to
refund actual costs incurred. A receipt is required for
reimbursements for airfare, lodging and any applicable registration
fee. Reimbursements for taxis must be itemized as "from" and "to"
when possible.
3. Mileage reimbursements must be accompanied by an itemized
listing of the date, and the purpose for the trip. Mileage rate will
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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.
5. Prior City Council approval is not required to be eligible for
reimbursement for the following meetings or organizations:
. League of Minnesota Cities
· Association of Metropolitan Municipalities
. Metropolitan Council and its agencies
· Minnesota Pollution Control Agency
. Department of Natural Resources
. Minnesota Valley Transit Authority
· Scott County Board Meetings
· Scott County Transportation Coalition
· Scott County Legislative meetings with local, state or
federal officials
· Scott County Economic Development Committee
· Urban Wetland Management Coalition
. Prior Lake Chamber of Commerce
. Scott County HRA
6. City Council approval is required prior to expenses being eligible
for reimbursements for any other meetings or organizational
conferences. In the event of an emergency or short notice to a
meeting requiring City Council attendance, approval of expense
reimbursements after the meeting for noneligible organizations
will be considered on a case by case basis.
7. A Councilmember who attends a seminar or conference may be
required to provide a brief oral explanation of the purpose and
results of the meeting at a regularly scheduled Council meeting.
This may occur at the request of another Councilmember or on the
attending councilmember's own action.
8. A Councilmember who attends meetings of organizations and
receives reimbursements from the City as set forth herein is expected
to represent the City's position on issues as expressed by the
majority of the City Council. A councilmember attending such
meetings is expected to advise the Council in advance, insofar as
possible, to official position on such matters.
Councilmembers attending seminars or conferences at City expense
are expected to provide the Council with a summary of the meeting.
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SECTION XIII - CODE OF ETHICS AND CONDUCT
A. Declaration of Policy The proper operation of democratic government requires that
governmental decisions an policy be made in the proper channels of the
governmental structure; that public office not be used for personal gain; and, that
the public has confidence in the integrity of its government. In recognition of these
goals, there is hereby established a Code of Ethics and Conduct for public officials.
The purpose of this Code is to establish ethical standards of conduct for all such
officials by setting forth those acts or actions that are incompatible with the best
interests of the City, and by directing disclosure by such officials of private,
financial or other interest in matters affecting the City. The provisions and purpose
of this Code and such rules and regulations as may be established are hereby
declared to be in the best interests of the City.
B. Ethics in Government: Minnesota Statutes, Chapter lOA, Ethics in Government, is
incorporated herein by reference. This policy shall be construed and interpreted in
consultation with the City Attorney according to Minnesota Statutes and case law.
C. Personal Conflicts of Public Officials: Any public official who has a potential conflict
of interest, as defined in this Chapter, shall publicly disclose the conflict before
taking part in any action, discussion or vote pertaining to the matter. This
provision shall not be interpreted to permit any act otherwise prohibited by law.
D. Gifts and Favors: No public official shall accept any valuable gift, whether in the
form of money, service, loan, thing or promise from any person which to the official's
knowledge is concerned, directly or indirectly in any manner whatsoever in business
dealings with the City; nor shall any public official.
1. Accept any gift, favor, or thing of value that may tend to influence the
official in the discharge of the official's duties; or
2. Grant in the discharge of the official's duties any improper favor,
service, or thing of value, or accept an offer which would not have
been given if the official were not an official; or
3 Accept or receive anything of value through sale or gift of goods or
services which would result directly or indirectly from the official's
position as a public official of the City.
D. Use of Equipment and Facilities; No public official shall request or permit the
unauthorized use of City-owned vehicles, equipment, materials, property, labor or
services for personal convenience or profit.
E. Conduct in Government: Each member of the Council should reflect upon the trust
bestowed upon them by the public. That trust is for the benefit of the City as a
whole and not to benefit particular individuals. A Councilmember should recognize
his or her fiduciary duty to govern the City in a manner that is respectful, informed
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and candid. A Councilmember shall treat their colleagues, City Staff, contractors
and consultants and the public with courtesy and respect. A councilmember should
recognize that the success of a representative democracy depends upon its elected
and appointed officials acting together, not individually, to bring the individual and
varied opinions, knowledge, and expertise to solving the challenges facing the City.
No Council person should act in a manner that creates a lack of confidence or
respect the Council or City. If a member of the Council fails to comply with and
respect this Code of Ethics and Conduct, the Council may by a four-fifths (4/5) vote
ask the councilmember to resign from the Council.
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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
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