Loading...
HomeMy WebLinkAbout8E - Appointments & Bylaws Revision for 1997 DATE: STAFF AGENDA REPORT ~ 8E <"\~) FRANK BOYLES, CITY MANAGE~J CONSIDER APPROVAL OF APPOINTMENTS AND BYLAW REVISIONS FOR 1997 JANUARY 6,1996 AGENDA #: PREPARED BY: SUBJECT: BACKGROUND: The City Council Bylaws provide that the first regularly scheduled meeting in January is the annual meeting of the City Council. During the annual meeting, regular business may be conducted, but the following organizational business is required to be on the annual meeting agenda: 1. Yearly Appointments. 2. Yearly fee schedules. 3. Yearly approval of City Council appointed committee bylaws and procedures. 4. City Council bylaw review. DISCUSSION: The Council needs to take the following actions to fulfill its responsibility under the Bylaws: 1. Consider Acting Mayor for 1997 - Councilmember Greenfield was acting Mayor for 1996. Council should select an acting Mayor for 1997. 2. Consider Approval of Official Newspaper for 1997 - The Prior Lake American has been the City's official newspaper. Attached is a proposal from the American for 1996 and 1997 for comparison purposes. 3. Consider Approval of Official Bank for 1997 - The Prior Lake State Bank was the official bank for 1995 and 1996. The same is recommended for 1997 subject to the City's continued practice of investing funds in the institution offering the highest rate of return for the types of investments which the City seeks. 4. Consider Approval of Equalization Committee for 1997 - The Equalization Committee consisted of the full Council in 1996. The same is recommended for 1997. 16200 E~~ Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER AGNOI02A.DOC 1\ /. 'r . 'i., ,I' , \ 5. Consider Approval of Fire Chief and Assistant Chief for 1997 - In accordance with their Bylaws the Fire Department conducted its elections on Thursday, December 28, 1995. Dave Chromy was elected Chief and Bruce Sames and Mark Friedrick, First and Second Assistant Chiefs respectively. Their terms expire December 31, 1997. Since the Council endorsed these election results in 1996, no action is necessary. 6. Consider Approval of Auditing Firm for 1997 - During 1995 the firm of Abdo, Abdo and Eick were confirmed as City Auditors for 1995, 1996 and 1997. Therefore, no council action is necessary. 7. Consider Approval of Fiscal Consultant for 1997 - Steve Mattson of Juran and Moody has acted as the City's Fiscal Consultant over the last twenty years. The Council should determine whether it wishes to continue this relationship or direct the solicitation of Requests for Proposal. 8. Consider Approval of Civil Defense Director for 1997 - Chief Dick Powell has acted as the City's Civil Defense Director since 1991. Chief Powell is retiring in September of 1997 and reappointment will be required at that time. 9. Consider Approval of Health Officer for 1997 - The City has historically contracted with Park Nicollet Clinic for such services. A Health Officer is only required in unique circumstances. The appointment of Park Nicollet Clinic as the City's Health Officer would be appropriate for 1997. I ! 10. Board and Committee Bylaws - Attached are pages showing proposed bylaw revisions for Council consideration. 1. Review and Consider City Council Bylaws for 1997 - Attached are the Council bylaws in legislative format showing revisions recommended by the City staff and City attorney. I will review the proposed changes with the City Council at the meeting. .. , 12. Animal Control Officer for 1997 - The attached contract was entered into by the City and Bob McCallister in 1995. The agreement is perpetual unless notice is given by either party. In 1995 the Council added safeguards in the contract intended to guard against concerns raised by a few individuals. The cost proposed for 1997 is $900 per month. It is recommended that Bob McCallister be retained as Animal Control Officerfor 1997. ISSUES: The City Council should review each of the twelve items and act upon them individually. ALTERNATIVES: Council should: 1. Discuss each issue and act upon them or defer for future consideration. RECOMMENDATION: As set forth above. ACTION REQUIRED: Motion to approve those issues as deemed appropriate by the Council. AGNOI02A.DOC .. , December 26, 1995 ~~ Affiericanl eIT\-' (tj) DEe 2 1fll~~~ -..JF i .. , . '-- Mr. Frank Boyles, City Manager City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, Minnesota 55372 8 1996 ,jlt& Dear Mr. Boyles, Please consider our request for appointment of the Prior Lake American as the official newspa- per tor the City at Prior LaKe in 1986. - Legal notices published in the Prior Lake American during this time period will be billed at the rate of $7.67 per column inch for the first insertion and $5.57 per column inch per subsequent insertions. A complete guide outlining our procedures and rate structure, as well as a copy of our certification from the Secretary of State's Office which enables us to publish legal notices, is enclosed. In accordance with Minnesota Statute 331 A.02, the Prior Lake American has met certain qualifi- cations in order to become a legal newspaper to better serve the community. Some of the qualifications we must meet to become a legal newspaper include: distribution of the paper at least once a week for 50 weeks out of the year; be circulated in the local public corporation which it purports to serve, and either have at least 500 copies regularly delivered to paying subscribers, or have at least 500 copies regularly distributed without charge to local residents; have its known office of issue established either in the county in which is lies in whole or in part, the local public corporation which the newspaper purports to serve, or in an adjoining county; file a copy of each issue immediately with the state historical society; etc. These are just a few of the stringent guidelines a newspaper must fulfill in order to become a certified legal newspa- per. It is our goal to serve you as your legal newspaper for the coming year. Thank you for the opportunity to be of service to you in the past. We nope that reiationship can be continued in the coming year. Respectfully, k,^,~U. ~ Qu~~ann Publisher LA.H:beb enclosure 14093 Commerce Avenue NE. Suite 400. Prior Lake, Minnesota. 55372 n<" American December 13, 1996 ~ f:10rHd -:10 AUO LOOl b' ~ v.:lU, Mr. Frank Boyles, City Manager City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, Minnesota 55372 C3AG~:3l:f Dear Mr. Boyles, Please consider our request for appointment of the Prior Lake American as the official newspaper for the City of Prior Lake in 1997. Legal notices published in the Prior Lake American during this time period will be billed at the rate of $8.05 per column inch for the first insertion and $5.84 per column inch per subsequent inser- tions. A complete guide outlining our procedures and rate structure, as well as a copy of our certification from the Secretary of State's Office which enables us to publish legal notices, is enclosed. In accordance with Minnesota Statute 331 A.02, the Prior Lake American has met certain qualifica- tions in order to become a legal newspaper to better serve the community. Some of the qualifica- tions we must meet to become a legal newspaper include: distribution of the paper at least once a week for 50 weeks out of the year; be circulated in the local public corporation which it purports to serve, and either have at least 500 copies regularly delivered to paying subscribers, or have at least 500 copies regularly distributed without charge to local residents; have its known office of issue established either in the county in which is lies in whole or in part, the local public corporation which the newspaper purports to serve, or in an adjoining county; file a copy of each issue imme- diately with the state historical society; etc. These are just a few of the stringent guidelines a newspaper must fulfill in order to become a certified legal newspaper. It is our goal to serve you as your legal newspaper for the coming year. Thank you for the opportunity to be of service to you in the past. We hope that relationship can be continued in the coming year. ::les _ectfully, /" - to{IClr/L~ U. aurie Hartmann Publisher ./1 " , tJd)C!77tlL/}'Vru LAH: beb enclosure 14093 Commerce Avenue NE. Suite 400. Prior Lake, Minnesota 55372. (612) 447-6669 INFORMATION FOR GOVERNMENTAL BODIES AND INDIVIDUALS USING THE LEGAL NOTICES SECTION OF THE PRIOR LAKE AMERICAN Deadlines Notices to be published must be received in the office of the Prior Lake American by 5 p.m. on the Wednesday preceding each publication date. This deadline must be observed to ensure accurate and timely publication of important notices. We will not accept faxed notices as legal documents, as these copies are often unreadable. All notices should be clean and typed. Affidavits One sworn affidavit of publication will be provided, upon request, without charge for each legal notice. Additional affidavits are available at $3.50 each. Additional clippings are available for $1.00 each. Late Fee Urgent legal notices which do not arrive at the Prior Lake American office before the specified deadline may be accepted, at the publisher's discretion, but will have a late fee or surcharge of 25 percent added for special handling. Publication Requirements Most specifications for legal notice publication, including the number of times a notice is to run, are set forth by statute. Interpretation of the statutes is the responsibility of the customer and its legal counsel, not the publisher. Guidelines for governmental bodies, prepared by the Minnesota Newspa- per Association, are available upon request. Kill Fee Publication of scheduled notices may be stopped, depending on how far the printing process has advanced. If a legal notice is killed before the initial publication date, the customer may still be liable for a special typesetting fee, not to exceed 30 percent of the cost of the published notice. The cus- tomer must pay on a pro data basis, for that part of a series of publications that have been completed before interruption by the customer. Errors Publisher assumes no responsibility for errors in typesetting or scheduling of legal notices. In all cases, publisher's liability shall be limited to a "make good" of a defective notice if it can be demon- strated that the error was made by the publisher and that as a result of the error the legal notice was rendered invalid. Rates Effective January 1, 1985, the Minnesota State Legislature authorized legal newspapers to charge for legal notices in the same manner in which they charge their best commercial display classified customers. That means that legal notices are billed by the column inch, not by the "legal line." The law also restricts rate increases exceeding 10 percent per annum. PRIOR LAKE AMERICAN RATE INFORMATION Lowest classified rate paid by commercial users..............................................$16.00 per column inch Legal advertising, first insertion................... .................. .............. ......... ............ ..$8.05 per column inch Legal advertising, subsequent insertions.............................................................$5.84 per column inch PLANNING COMMISSION BYLAWS ADOPTED MAY 16, 1994 Amended January 3, 1995 Amended June 19, 1995 Amended January 2, 1996 Amended January 6. 1997 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 2 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 ~ 1 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. I:\BYLA WS\PCBYLAW.DOC SECTION 7 - OFFICERS: A. Officers - The Chair of the Commission shall be appointed a.nFH:lally and no later than for two year terms June ~ by the majority vote of the City Council after considering the recommendations of the Planning Commission. The Commission shall make its recommendations to the Council by May 30. The City Planning staff shall serve as secretary of the Commission. B. Chair - The Chair of the commission shall be appoimed annually by majority vote of the City Council after considering the recommendation of the Commission. 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 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 City Council shall appoint a replacement, after considering the recommendation of the Commission. 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 unexpired term of said office. Should a member resign, or otherwise vacate a seat on the I:\BYLAWS\PCBYLA W.DOC BYLAWS OF PRIOR LAKE LAKE ADVISORY COMMITTEE Adopted May 16, 1994 Amended January 3,1995 Amended January 2,1996 Amended January 6. 1997 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. ARTICLE 1. NAME Section A. Name - The legal name of the organization is the "Prior Lake Lake Advisory Committee". Section B. Office- The Office of the Prior Lake Lake 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 LakeAdvisory Committee shall be a Chair, Vice-Chair and a Secretary. The City Manager or hislherdesignee shall serve as Secretary of the Committee. Section B. Chair- The Chair of the Committee shall be appointed for two vear terms annually on October 1, by majority vote of the City Council, after considering the recommendation 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. BYLAWS OF PRIOR LAKE PARKS ADVISORY COMMITTEE Adopted May 16, 1994 Amended January 2, 1996 Amended January 6. 1997 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. ~ - 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 of his/her designee shall serve as Secretary of the Committee. Section B. .cllilir - The Chair of the Committee shall be appointed ~nnmllly on for two year terms in September, by majority vote of the City Council after considering the recommendation 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. 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 CCBYLAW.DOC 1 Revised Jan-97 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 8:EOTION XIII OONFLICT OF INTEREST 18 SECTION XIII CODE OF CONDUCT 22 CCBYLAW.DOC 2 Revised Jan-97 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. ~ TIJ.c D'y1ClYVo VVC.lC }JLCPelJ.CJ oU Gl~ Lv }JJ.u.l1J.ulc; ClJ.J. cf.GL~t:aJ.Ll'y ClJ.J.J crfc~L~vcl'y .1 Ul1 C81:l:ndl meeting .-diile B.83l:lring the 81'1'8Itl:lnity f6r l'l:lblie inl'1:lt. B. The Bylaws shall be considered and adopted at the Annual Meeting of the Prior Lake City Council. The Annual Meetine is the first reeular meetine in January. If at its Annual Meetine-. the Council. by maiority vote. requires additional time to consider proposed amendments it may defer further consideration until a date certain. Durine the additional time taken to consider and deliberate the existine Bylaws shall eovern. 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. Ratificatiun uccurs as fulluws depending upun whether the IIlutiun is l,;Ul.l~~JC.LcJ elL tIn; CUUI1L~1'~ (l,111J.uaI .lllt:a:::L~l'lI:, UL JU1.~J.l~ a. J.cbu1GlJ. Ul. o}Jt:a...ial C81:l:neil meeting: a Annll~ 1 MQ~ting.. Appro't1!l1 to ~ d1l1)T mQtionoo ~nd 'Iecnnrlod amendment to the tlylaws reqUIres a sImple majorIty vote or the members present. b. Uceulc:l.l. 0.1. Opc,",~al Meeting App.l.vvc:ll of a dulJ mot!O{l.eJ and aeeoaaea ameaameat to the Bylaws at aay Ye~1:l1aY 01' speeial meetiag dtlriRg ta8 Y8ar r8qtlir8S a 415 (~Qo,) H9t8 gf tR.8 City C9'lSQY All amendments proposed at a meetmg other than the annual meetmg not receivmg ~U'1o of the vote do not pass. 5. Bylaws can be reviewed and amended at any time during the year. 11uwt:vt:.L, the nJlan~ ~hall be fornlallJ refiened and adopted at the Allllt:lal M~ding whieh is the fiyst Reg1:l1a:r McctiFlg iR JaI'I.1:l8.YY. However once the Bylaws are adooted at the Annual Meetine or thereafter if the Council has deferred action at its Annual Meetine-. no rule of the Council shall be susoended. altered. or rescinded except upon the affirmative vote of four members of the Council. {unless notice of such chane-e shall have been ~ti.ven at a previous meetine in which case only a maiority shall be reQuired1- CCBYLAW.DOC 3 Revised Jan-97 SECTION II -REGULAR. UEETINC ~'\ND 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 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 emere:ency meetine:. For emere:ency meetine:. the City Manae:er shall make e:ood 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 bv 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 civen to the Councilmembers. Notice shall include the subiect 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 iude:ment of the Mavor, require immediate consideration by the City Council. If matters not directlv related to the emergency are discussed or acted upon at an emere:ency meting. the minutes of the meeting shall include a specific description of the matters. The notice requirement of this CCBYLAW.DOC 4 Revised Jan-97 para~raph supersedes any other statutory notice requirement for a special meetin~ that is an emer~encY meetin~. {In the absence of the Mayor. the Actin~ Mayor may call an emer~ency meetin~.1 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 In the Council Chambers for public inspection at the time of the meeting. 2. 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. CCBYLAW.DOC 5 Revised Jan-97 "':, 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. B. ThQ BylaH.T~ ghall QQ rQ'Qg"'QQ aRQ aQ9ptQQ QyriRg thQ Annyal MQQtiRg. If tRQ Byl~",'il "'grQ FeY.is'Ned or amend.ed JUJ.~Hb nll~ year, the City CouncIl may use d1scretlOn m the amount of tIme spent revIewmg the Bylaws durmg the Annual Meeting. An) amendment~ nlade to the B)la..~ at tLe l...mltlal Muting ~hall folIo.. the: pFOeea1::lFe Dot fOFta in Soetion 1. C of tho8e Bylawo. SECTION IV - MEETING AGENDA FORMAT A. Business of the meeting will be conducted according to the Agenda prepared by the City Manager. The City Manager will aLLempL Lu 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, mcluding Puhlic Hearmgs 9. Other Business - Including Councilmember Reports 10. Announcements and Correspondence CCBYLAW.DOC 6 Revised Jan-97 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 Al!enda: and if so. (2) determine the Citv Council Forum or rel!ular Citv 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 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 oimply request an item to be.eff 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 CCBYLAW.DOC 7 Revised Jan-97 .,.J '!!' 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 bv the presiding officer. every member present shall vote; unless the Council. for special reason. shall excuse a member prior to the calling of the vote or conflict of interest prohibits a member from voting. If a member abstains from voting based upon a 'conflict of interest. the Councilmember must advise the presiding officer of the nature of the conflict. Otherwise. anv Councilmember. who being present when his or her name is called fails to vote upon anv 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 monthlv 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. CCBYLAW.DOC 8 Revised Jan-97 2. List the names of the City Council after their vote on each motion. Beside the addition of Numbers 1 and 2 above, the Minutes shall be prepared consistent with the existing style as of the adoption of these Bylaws. B. The official Minutes shall be prepared and presented to the City Council at the next regularly scheduled meeting. The Minutes do not have to be read aloud. The City Council shall review them and the presiding officer shall call for any additions or corrections. If an addition or correction is presented, the change must be specific as to place, paragraph, and sentence, if applicable. Approval of the minutes requires a motion, second and a majority vote of the members present at the meeting. C. The City Manager's Office is responsible for the maintenance and filing of the Minutes. The following procedure will be used in the filing of the Minutes: 1. All Minutes prior to January 1, 1983 will be retained in hard copy only. 2. All Minutes after January 1, 1983 will be retained in hard copy and computer file copy. 3. All tape proceedings, excluding public hearings, must be kept for one year from the date of recording. 4. All tape proceedings that include public hearings must be kept for seven years from the date of recording. 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. 'f11t~ l1liuuLt::l::l uf the prel1iol1~ m<::d~H~ 6hall be g1~e~1 to: 1. ~4:aJ"Qr aRQ Cit:T CQYRcillRQlRbgrg 2. Selected staff members 3. PICluu.i.u~ CluJ Zuu.i.u~ CUl1111l.i.l::ll::l.i.Ull l1lt::l1lLt::J.l::l 4. _Ih:leiReee De'lelGfllReRt C01RIRittee lRolRbeFo 5. :Selected MedIa Personnel The minutes will be distributed to the Mayor. Councilmembers. City Attorney. selected staff. Plannine- and Zonine- Committee Members and members of the media who have made CCBYLAW.DOC 9 Revised Jan-97 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. requ~.I.e" 1ileet~Hg~ (~.ith few exceflt~uH") of all1ilu11.ic..ipal boclie~ to Le open to the pu.blic. The City Council of Prior Lake encourages citizen attendance. Public attendance at Council P. tbm.diRg taQ meetings helps to develop a more enlightened and interested citizenry. wonlf'n ln hlrn, lYl!'lln><l f'it,7.,nQ lYlrlr., !'Iwo!'lr" rlftn., t:1tY'<l prrlnl.,lYlQ !'Inri rliff'if'l1lt Issues. Minnesota State Law does not expressly permit citizens to take an active part in the meeting proceedings or intervene directly in the conduct of business. However the City Council, through the 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 mav: establish time constraints at the becinning: 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 2TOUP: and tell the public that applause or interruption by the public is not appropriate. All persons will be given an opportunity to speak once before a person may speak twice. The presiding officer may use 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 CCBYLAW.DOC 10 Revised Jan-97 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 iudgment. 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) snarr may be read by the presiding officer or his/her designee. If the communication is lengthy. the presiding officer may summarize the content and advise that the full text of the communication will be part of the record and available to the public for review. E. The Mayor has the same voting powers as do the Councilmembers. The Mayor may vote whenever a vote is taken and he/she does not have any extra voting powers if the vote results in a tie. F. The Mayor shall be the presiding officer at all meetings. If the Mayor is absent, the Acting Mayor shall preside at the meeting. If in the event the Mayor and Acting Mayor are absent, the City Manager shall call the meeting to order and preside until such time the City Council elects among itself a member to preside at the meeting. The presiding officer, at all times, shall be allowed to vote in the same manner as all other Councilmembers. The presiding officer has two unique powers: (1) interpreting and applying the rules of procedure; and (2) recognizing speakers from the audience. Such authority, although considerable, should not be freely used in support of the presiding officer's own convictions. That official has an obligation to be impartial and objective in conducting the meeting. G. 111 ::;Li:l.LuLuLY l.;.iL.i~::;, L11~ L.il;;11L uf l.IL~::;.iJ.iIll;; Uf.Gl.;~L::; Lu llli:l.k.~ i:l.llJ ::;~l.;UllJ i:I. lllUL.iUll .i.::; implioEd nom their privilege of voting and taking part in the regular deliberation~ of the meetil'lg. He':le':eF, the CouReil io authoFi>3ea t€l adopt Fulee of 13Faeea1:lFe \vhieh ~:ilR limit th~ pr~liidiRg Qftk~r'li PQm~r by th~li~ r'll~li CCBYLAW.DOC 11 Revised Jan-97 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 as appuinLed elected by the Council at the Annual Meetinb' vi Lht:: CiLy Cvum...J. St::t:: St::divll 3. The Acting Mayor shall preside at all meetings when the Mayor is absent from the meeting. When the Acting Mayor is presiding at the meeting, 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. CCBYLAW.DOC 12 Revised Jan-97 Councilmembers' statutory duties are to be performed, almost without exception, by the Council as a whole. The Council. not individual members The Catl:8eil 8.6 8. ~is charged with formulating policies and exercising City powers delegated to them by Statute and supervisine- administrative officers. All inquiries about City affairs shall be made throue-h the City Manae-er. A Councilmember shall advise the City Manae-er before contactine- a staff member directly. Councilmembers cannot 2'ive 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 durine- Council meetine-s where their fellow Councilmembers have an opportunity to debate the issue and provide additional facts. To do otherwise is self-servine-. 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. 1:8 PI8.B B eities, This authority is restricted to conducting investigations and establishing policies for execution by the Manager. One of the primary functIOns and responsIbIlItIes of a Councumember IS participation at; meetings. Each Councilmemher has full authority to make and ::;t:::l;uuJ ulULiuu::; i:1uJ l-'i:1.L Lil;il-'i:1Lt::: iu di::;l;u::;::;iuu::;. 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. S~~ City CQd~ 1 G 4. 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 Ae-enda and staff reports incidental to Ae-enda items shall be placed outside the Council chamber in order to be available to the public. SECTION VIII - MOTIONS. RESOLUTIONS. ORDINANCES A. The City Council may take formal action in any of three methods - motions, resolutions or ordinances. All motions in any form require a second unless otherwise stated below. All votes of the City Council in any of the three methods CCBYLAW.DOC 13 Revised Jan-97 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 full and be reasonably understood, to the extent practical, before it is submitted to a vote by the presiding officer. All motions of the City Council are adopted if they receive a majority of the votes cast (unless otherwise stated below) by the members present. To illustrate, if two members of the Council vote in favor of a motion, one votes against it, and two abstain from voting, the motion is considered passed. The following motions will be available for use by the members: 1. Main Motion - An act to bring substantive proposals the City Council for consideration and action. Mter the motion is stated and seconded, the subject of the motion may be deliberated and voted upon. Deliberation may take place by the Mayor, Council, Staff or the general public as long as the procedures for citizen input are followed pursuant to Section 7.B of these Bylaws. 2. Rescind Main Motion - A main motion that was adopted, regardless of the length of time since the adoption, may be rescinded by a motion, a second, deliberation and a subsequent vote. The only main motions that cannot be rescinded are when the original motion called for an action that has since been performed, i.e., contract has been signed, money paid out, or when a specific deadline has passed. 3. Amend Main Motion - A main motion that is being deliberated and has not been voted upon may be changed or modified by a motion, a second, deliberation and a subsequent vote. The only motions that may be amended are the main motion and a motion to amend the main motion. 4. 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. 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 CCBYLAW.DOC 14 Revised Jan-97 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. Privilee:ed Motion: These motions do not relate to pending business, but have to do with special matters of immediate and overriding importance, which without any debate, shall be allowed to interrupt the consideration of anything else. These motions can be made at any time, even if another motion is being considered at the time, and they must be settled or voted upon immediately. Motions "a" and "b" below cannot interrupt a speaker, while motion "c" below can interrupt a speaker. a. Adiourn the Meetine: - Requires a motion, second and a majority vote of the members present to pass. CCBYLAW.DOC 15 Revised Jan-97 b. Take a Recess: Requires a motion, second and a majority vote of the members present to pass. c. Questions of Privile!?:e and Point of Vote, unless it is objected, whereupon the motion ~t 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. C. Resolutions- Resolutions should be used for any action of a temporary, routine, or administrative nature. Resolutions will also be used to comply with statutory requirements for certain administrative procedures. Resolutions, rather than motions, are normally used to reflect a stronger City Council position on items of business that do not require or warrant an ordinance. Resolutions may be enacted on a motion which has been duly seconded. Resolutions are adopted if they receive a majority of the votes cast of the members present. The 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. CCBYLAW.DOC 16 Revised Jan-97 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 oflaw shall be used when the City Council action regulates or governs people or property. All police regulations for public health, morals, economic well-being, welfare and safety must be passed in ordinance form. Ordinances may also be used to provide permanent rules for the organization and operation of the City Council. The aduIJt.iun ur amendment. uf an urdinam;e I:!hall fulluw t.he current. IJrucedurel:! ~.11 cffta..;L [VI. LIlt:; \"'uJ.l~~Jt;J.a.L~Ul1 t111J }Ja.~~CleC vf LIlt:; ~al11C. Ordinances may be enacted upon a motion and a second and must receive at least three favorable votes to be passed, unless a larger vote is reElyired by law or these Bylaws, State Statute. or City Ordinance. ~'ho proe0dyr0 to 1:>0 toilo~...'od att9r An ordinance haD l'leeF!. onaet13c1. 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 aPfWEWal 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 Proceeding's The proceeding's of the City Council shall be conducted in accordance with these Bvlaws. If these Bvlaws do not address a procedure. Robert's Rules of Order. Newlv Revised. may be consulted. Failure to comply with these Bvlaws 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 obiects 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 CCBYLAW.DOC 17 Revised Jan-97 A. Public Hearings shall be conducted in the following manner: 1. The presiding officer calls the Public Hearing to order and declares the time of opening. It is the intent of the City Council to open all public hearings at the predetermined and published time. From a practical standpoint not all hearings can be opened at their designated time. The presiding officer may delay the start of a 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. CCBYLAW.DOC 18 Revised Jan-97 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. Btlsiaes8 DeveloflMeat COMMittee: City CO\iReil aaeflteJa Bylavrs. ~. Park Advisory Committee: City Council adopted Bylaws. Q.. 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 tlusmess Development CommIttee was created by CIty CouncIl approved tlylaws whIch are amended by the CIty CouncIl when necessary. rrh~ Pg"'k" Ao',,;cor~r r:nrnrnitt~~ ur~'t ('r~at~d b~r Cit~T COlln('il ~rr,..n"('(lrl R~rlg'uTQ "rhip}' are amended by the CIty CouncIl when necessary. Tht:: La.B..t:: AJvi::;ury CUlllllliLLt::t:: wa::; l;lt::aLt::J by Lht:: CiLy Cuuul;il by aVl:Huvt::J Bylaw::; W hid. ~1.e amenJed b, Un:; C~t, CoullGil "hell 11c;C.c;,,~~1.', The City Council shall prepare sUlZlZested Bvlaws for each Committee. At its first meetinlZ of each year. the committee shall adopt the Bvlaws or recommend chanlZes to the City Council. The City Council must approve any reauested or recommended chanlZe. Amendments to a committee's Bylaws may be proposed to the Council at any time subseauent to their annual adoption. The City Council on its own initiative mav adopt chanlZes 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 they 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. CCBYLAW.DOC 19 Revised Jan-97 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. Tv;o farms of Committeos may Be estal3liBflea: ~npl'l~ 1 CowmittQQ8: Hermall)' tlf3J3aintcd. f6J. a JtGu~t~ 1J~livd vi Lime in connectIOn wIth a smgle transactIOn or proJect. 3t(:UH1.U~ CUi1uu~tt~~<:>. uuuuall'y i:11J1JU~ut~J fuJ. WUJ.h. wll~~ll ~<:> ~uut~uuuu<:> UJ. J.~1J~i:1t~J fram time: te time: cluyifig the: ye:tly. EJrample: Li€J.b1.or Committee. The Committees shall consist of as many members and perform such duties as the City Council may require. In general, Committees mav only WIn be authorIzed to exercise those 1rlt duties which the CiLy Cvuudl has legally assigned to them bv the City Council (conduct investigations, make reports on facts, interview individuals). llUwtvta, The Committees may not make decisions regulated to the City Council by statutory authority. 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 dividine: 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 sine:le transaction or proiect. For example. the Council mie:ht appoint a special committee to study the advisabilitv of purchasine: land for a new park. The work of a special Council committee should be limited to special policv problems or to certain public relations functions that are not the responsibility of administrative personnel. Committees may exercise all duties which the Council has lee:ally assie:ned to them. They can make recommendations to the Council. but not make decisions on behalf of the council. Committees are subiect to the same rules as the full Council under the open meetine: 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 CCBYLAW.DOC 20 Revised Jan-97 covered in the Bylaws, the procedures to respond to the issue or point shall be governed by Robert's Rules of Order Revised. C. The rules herein may be suspended upon a 4/5 (80%) vote of the members for a specific meeting only. SECTION XII - REIMBURSEMENT FOR EXPENSES A. Effective upon adoption, the following regulations will govern all travel, mileage and meal reimbursement expenses in the conduct of official Council business: 1. Reimbursement for meals and parking are intended to refund actual costs incurred. A receipt is required for reimbursement for each. No alcohol related beverage is eligible for reimbursement. 2. Reimbursement for travel, other than mileage are intended to refund actual costs incurred. A receipt is required for reimbursements for airfare, lodging and any applicable registration fee. Reimbursements for taxis must be itemized as "from" and "to" when possible. 3. Mileage reimbursements must be accompanied by an itemized listing of the date, and the purpose for the trip. Mileage rate will be consistent with the rate offered to City employees which is established according to the Federal Standards. 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 CCBYLAW.DOC 21 Revised Jan-97 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. SECTION XIII - CONFLICT OF INTEREST CODE OF ETHICS AND CONDUCT A. A n1pn1npl"' c:::n!'ll1l"'pfl"'!'Iin fl"'("In1 rliC:::f'l1c:::c:::ing, u("Iting ("In, ("Il"' in !'Iny n1!'1nnpl"' t!'lking p!'ll"'t in !'In actIOn or decIsIOn of the CIty L;OUnCIIIf: 1. TIlt:: lW:;LllLt::I. lld::;, UI. I.t::dl::>uui:lLly t::.lI.1Jt::I.;L::; Lu Ildvt:: JUJ..iu~ LILt:: Ult::lllLt::I.'::; Lt::J.lU u[ u[fil.;t::, Ii direct inteI(,~t in the outcome of the action of d!.ci~ion, unleM the effect of the aetioIl OF aeeil3ioIl Oil the FR0FRBeF'e iBt0Feat ',':o1:llEl be no bFeateF thaB ita effuet Oil oth'ilr p~rliiORIii or prop~rty liiimihr~r 'iiitll~t~d; or 2. The member has a dIrect or mdirect mterest m any sale, lease, or contract that IS Lhe iSubjed uf Lhe adiun ur deciiSiun, excepL aiS expreiSiSly penniLLed under iSLaLe lawiS ~UVC;J.il~ll~ luuu~\-~}J<1ll.;uuLI.<1\-L". B. If a S8Ilf1iSt inveln3g tl10 ~FBgi4ing effisBF, ill aaaitiell to rofrainiIlg frem r!'ll"'tir>irating in tbe a('tion or oe('i'jlion <>Q prQ,riopd j-p t"hiQ 'ie('tiotl, t"h~ p"pQirling offi('e" shall d1squahty hIm/herselt trom the dutIes ot preslClmg othcer and shall pass the gavel to the -v"'Ice-ChaIr or to any member who has no conmct. The presIdmg officer may rt::iSumt:: Lht:: chair unct:: Lht:: iiSiSut:: haiS Lt::t::Il diiSpaLdlt::d. C. This s8ctiQR sl:lall Q8 CQRstrYQa aRa iRtQrprQt8a aQQQraiRg tg MiRRQSgta stat1.ltQS aRa f'~C:::P l~w. A. Declaration of Policy The proper operation of democratic e:overnment requires that e:overnmental decisions an policy be made in the proper channels of the e:overnmental structure: that public office not be used for personal e:ain: and. that the public has CCBYLAW.DOC 22 Revised Jan-97 confidence in the integrity of its government. In recoe:nition 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 bv 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 IDA. 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 monev. service. loan. thing or promise from anv 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 anv impropeer 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 indirectlv 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 Citv in a manner that is respectful. informed and candid. A Councilmember shall treat their colleagues. City Staff. contractors and consultants and the public with courtesy and respect. A Councilmember should recognize that the success of a representative democracy depends upon its elected 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 Councilor 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. CCBYLAW.DOC 23 Revised Jan.97