Ordinance 067� rt
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 67
AN ORDINANCE ESTABLISHING RULES OF PROCEDURE FOR THE CONDUCT OF
CITY COUNCIL BUSINESS.
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
SECTION 1. MEETINGS.
1.01 Regular Meetings: The City Council shall hold regular
meetings on the first and third Mondays of each month at 7:30 p.m.,
except during the period of April 1 through September 30, such shall
be 8:00 p.m., provided that when the day fixed for any regular
meeting falls on a day designated by law as a legal holiday, such
meeting shall be held at the same hour on the next succeeding Monday
not a holiday.
1.02 Special Meetings: Special meetings of the council may be
callecf-by the mayor or by any two members of the council by writing.
filed with the Administrator. At least one day before the meeting
the Administrator shall notify each member of the time, place, and
purpose of the meeting by causing written notice thereof to be
delivered to him personally if he can be found, or, if he cannot be
found, by leaving a copy at the home of the member with some person
of suitable age and discretion. Special meetings may be held without
prior written notice when all council members are present at the
meeting or. consent thereto in writing. Such consent shall be filed
with the Administrator prior to the beginning of the meeting. Any
special meeting attended by all the council members shall be a valid
meeting for the transaction of any business that may come before the
meeting.
1.03 Place: All meetings shall be held in the council chambers
of tion-ChannFassen Municipal Building unless there is a published or
posted notice designating another location.
1.04 Presiding Officers: The Mayor shall preside at all meetings
of tie Counci . In the absence of the Mayor, the Acting Mayor shall
preside. In the absence of both, the Councilmen shall elect one of
their number as temporary chairman to so preside.
1.05 Quorum: Three members of the Council shall constitute a
quorum for the transaction of business of the Council, but a smaller
number may adjourn from time to time.
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1.06 Order of Business: At the flour appointed for meeting,
• the meFEers s a e cal ad to order by the Mayor, or in his absence
by the Acting Mayor, or in the absence of both by the Administrator.
In the absence of the Administrator, the Mayor shall appoint a
Secretary pro tem. The Administrator, or Secretary pro tem, as the
case may be, shall call the roll, note the absentees and announce
whether a quorum is present. If a quorum is present, the council
shall proceed to business which shall be conducted in the following
order:
1. Call to order.
2. Roll Call.
3. Approval of Minutes.
4. Approval of Agenda.
5. Public Hearings.
6. Awarding of Bids.
7. Approval of Accounts.
8. Unfinished Business.
9, visitor Presentations.
10. New Business.
11. Council Presentations.
12. Administrative Presentations.
13. Adjournment.
1.07 Curfew: No additional agenda items shall be discussed
iafter�l:T6' p.m. No meetings shall *continue past 12:00 midnight.
Meetings adjourned under this policy shall be continued to the
next Monday (or to Tuesday of the week next following the week of
the meeting so adjourned, if said Monday is an official holiday)
at 7:30 p.m., except during the period of April 1 through September 30
such shall be 8:00 p.m. The continued meeting will start at the
point on the agenda where the adjournment occured. No new items
shall be added to the continued meeting agenda..
1.08First Re ular: At the first regular Council meeting in
January of each year, the Council shall (1) designate the depository
of City Funds, (2) designate the official newspaper, (3) choose an
Acting Mayor from the membership of the Council who shall perform
the duties of the Mayor during the disability or absende of the Mayor
and (4) review the Rules of Procedure of the City Council and make
any necessary changes.
SECTION 2. AGENDA FOR REGULAR MEETING.
2.01 Filing Deadline: All matters to be submitted to the Council
shall --Se f sled with the City Administrator's office not later than
12:00 noon on the Monday prior to the following Monday Council meeting
at which consideration is desired. In unVsual circumstances and when
the matter does not require investigation, an item may be accepted
after said deadline upon the approval of the City Administrator."
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2.02 Maintenance of Agenda: No' item of business shall. be
const"_Zlere3 for action b the Council which does nat appear on the
agenda for the meeting, except that an item o£ urgent business
which requires immediate action and is so determined by a majority
of the Council may be considered by the Council whether or not there
is a full membership present. The Council will hear all reasonable
citizen petitions, requests and statements; however, such items
which do not specifically appear on the agenda shall be deferred to
a future meeting for more careful consideration and study if Council
action,.other than filing, is required or requested.
The Mayor and each Councilman shall be provided with a capy of the
agenda, minutes of the previous meeting, and any other reports and
information pertinent to the agenda at least seventy-two hours prior
to each regular Council meeting.
No matter may be submitted for Council action by any administrative
official, department head, or employee unless it has first been
presented to the City Administrator for inclusion on the agenda.
SECTION 3. MINUTES.
3.01 Record of Council Meetings:_ The City Administrator, or the
• Administrator s designate or secretary pro tem, shall kei~p.a record
of all Council meetings.
3.02 Reading of Minutes: Unless a reading of the mi.mutes of a
Council meeting is requested by a member of the Council, such minutes
may be approved without reading if each member has previnusly been
provided with copy.
3.02 Amendment of Minutes: The Council may, by motian, carried
by m Jam ority vote of all it s members amend the minutes. Such amending
motion shall become a part of the minutes of the meeting at which the
an►endment was made.
SECTION 4.
DUTIES OF THE PRESIDING OFFICER.
The presiding officer shall preserve strict order amid decorum
at all meetings of the Council. He shall state every question coming
before the Council, announce the decision of the Council on all subject!
and decide all questions of order, subject, however, to an appeal to
the Council in which event a majority vote of the Council. shall govern
and conclusively determine such questions of order. He may vote on
all questions and on a roll call vote determine the order in which
votes are cast.
The presiding officer sh4ll normally use the following procedure
on all agenda items which succi, pertains:
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1. State the question coming before the Coucil.
2. Request a summation of the Administrator's report (where such
has been presented in writing to the Council).
3. Request a report from advisory boards and commissions when
such item has been referred to such.
4. Recognize citizens desiring to speak on such item.
5. Recognize Council members desiring to speak, maintain order
and decorum on items of discussion, and generally provide
leadership for the Council to insure timely and .efficient
decisions on each item.
6. Announce the Council decision.
SECTION 5. RULES OF DEBATE.
5.01 Participation by Presiding Officer: The Mayor or other
Presiding O icer may move, second and debate from the chair, subject
only to such limitations of debate as are by the rules imposed on all
members and shall not be deprived of any of the rights and privileges
• of a Councilman by reason of his acting as the Presiding Officer.
5.02 Recognition by the Chair: Every member desiring to speak
sha1T—address the chair, and upon recognition by the Presiding Officer
shall confine himself to the question under debate avoiding all
personalities and indecorous language.
5.03 Speaking Privileges: A member, once recognized, shall not
be i.n et rrupte when speaking unless it be 'to call him to order or to
vote on a motion to close a debate, or as herein otherwise provided.
If a member, while speaking, be called to order, he shall cease
speaking until the question of order is determined and' if in order,
he shall be permitted to proceed.
5.04 Reconsideration: A motion to reconsider any action taken by
the Council must be made at the meeting at which such action was
taken or at the next regular meeting of the Council and must be made
by a member of the Council who voted with the prevailing side, provided
that if such motion to reconsider is passed, then the parties entitled
to notice on the original action shall be notified, and the recon-
sideration of the action shall be tAken at the next regular meeting
following passage of the motion to reconsider.
5.05 Statements for the Record: A Councilman may request, through
the Presiding Officer, the pr vi ege of having an abstract of his
statement on any subject under consideration by the Council, of the
reason for his dissent from or support of any action of the Council,
entered in the minutes. Such a request may be made at the time of
said action or consideration or at the time of the adoption of said
minutes. Unless the Council, by motion, objects, such statements
shall be entered in the minutes.
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5.06 Contents of the Minutes: The Administrator shall enter in
the-mnutes a synops s o the laiscussion on any question coming in.
proper order before the Council.
SECTION 6. 'ADDRESSING THE COUNCIL.
6.01 Permission: Any person desiring to address the Council shall
first secure the permission of the Presiding Officer.
6.02 Procedure: Each person addressing the Council shall, if
requested by e Presiding Officer, give his name and address in an
audible tone for the records, and unless further time is granted by
the Presiding Officer, shall limit his address to five minutes, except
at a public hearing when the limit shall be ten minutes. All remarks
should be addressed to the Council as a body and not to any member.
No person other than the Council and the person having -the floor,
shall be permitted to enter into any discussion, either directly or
through a member of the Council, without the permission of the
Presiding Officer. No question shall be asked a Councilman or any
member of the Administrative Staff except through the Presiding Officer
SECTION 7. GENERAL RULES OF ORDER.
Robert's Rules of Order Revised and Robert's Parliamentary Law
shall be accepted as an authority on parliamentary practice on matters
not specifically covered and in case of a conflict these rules
shall govern.
SECTION 8. VOTING.
Unless a member of the Council states that he is not voting, his
silence shall be recorded as an affirmative vote. In determining
whether the motion has passed by the required number of affirmative
votes, a Council member who orally elects not to vote shall be
considered as having voted against the motion in the tallying of the
votes, and his election not to vote shall be duly noted in the
minutes as an abstention.
SECTION 9. DECORUM AND ITS ENFORCEMENT.
The Council members, while the Council is in session, must
preserve order and decorum, and.a member shall neither, by conversation
or otherwise, delay or interrupt the proceedings or the peace of
the Council, nor disturb any member while speaking or refuse to obey
the orders of the Council or its Presiding Officer, except as otherwise
herein provided.
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• SECTION 10. ORDINANCES1 RESOLUTIONS, MOTIONS AND REPORTS.
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10.01 Introduction of Matters for Action: or resolutions,
and otter matters or subjects requiring act on by the Council shall
shall be introduced and sponsored by a member of the Council, except
that the City Aministrator or City Attorney may present ordinances,
resolutions and other matters or subjects to.the Council.
10.02 Passage of Ordinances, Resolutions, and Motions: Every
ordin nce —an--d-resolution shall Se; -presented in writing -a—nU read in
full at a Council meeting; provided, however, that the reading of an
ordinance or resolution may be dispensed with by unanimous consent.
Upon the vote on ordinances, resolutions and motions, the ayes and
nayes shall be recorded unless the vote is declared unanimous. Upon
the request of any member of the Council, the vote shall be by roll
call of all members of the Council as provided under DUTIES OF THE
PRESIDING OFFICER in this resolution. A majority vote of all members
of the Council shall be required for the passage of all ordinances,
motions and resolutions except as otherwise provided by state law
or city ordinance.
10.03 Readings of Ordinances: Every ordinance other than
emergency or finances shall have two public readings as provided in
Subsection 10.02 of this section, and at least seven days shall
elapse between the first reading or waiver thereof and the. second
reading or waiver thereof.
10.04 EmergencX Ordinances: An emergency ordinance is an ordinance
necessary for the immediate preservation of the public peace, health,
morals, safety or welfare in which the emergency is defined and
declared, passed by a vote of at least four members of the: Council,
as recorded by ayes and nayes.
10.05 Contents of Minutes: All ordinances and resolutions shall
be filed wittFie A anis trator and made a part of the minutes.
Reports, petitions and correspondence shall be filed with the
Administrator and made a part.of the minutes by reference.
10.06
Ordinances, Resolutions and Motions:
1.
An ordinance shall be require or: all legislation
regulating or governing people or property and which
provides a penalty for its violation; all permanent rules
of the organization and operation of the Council; all
actions required by statute to be in ordinance form.
The City Attorney shall be consulted should there be a
the Council
question as to whether the action. posed by
requires an ordinance format.
2.
Resolutions: Resolutions shall normally be adopted for
actions of a temporary, routine, or administrative nature.
3.
Motions: Motions shall be adopted on issues of parliamentary
ordinances,
procedure or to introduce items of business,
resolutions, etc.
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• SECTION 11. CONDUCT OF CITY EMPLOYEES.17.
11.01 Cit Administrator: The City Administrator may. take part
in t"�eiscusstons ot t e City Council and may recommend to•the'.
Council such measures as he may deem necessary for the•welfare_of,
the people and efficient administration of the affairs of the City,
He shall have.all the rights, powers and duties prescribed by
City Ordinance in regard thereto, however, it is recognized that
.the City Council is the policy making body for the City'and City
Administrator shall confine his discussions at the Council meetings
to statements of fact, recommendations based on his knowledge and
experience and explanations of the reasons for the same, and any
matters pertaining to administration.
11.02 CitXAAttorne : The City Attorney may not take part in the
discussions of the City Council except to answer queati.ons directed
to him, comment on matters involving legal, issues or prgcedures of the
City, and to present factual material to the Council,.
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11.03 Other City Employees: No City Employee, other than the.
City Administrator or City Attorney, shall enter into.discussigns
of the City Council except to answer questions directed to such
employee, or to present factual information. The above regulations
of City Employees shall not be construed to limit the appearance
before the City Council of any City Employee when such appearance
is made as a taxpayer or member of.the public, for or against some
particular issue under discussion by the Council when such employee
has an interest in the outcome thereof.
SECTION 12. WAIVER.
By 4/5 vote of all Councilmen these rules may be waived.
SECTION 13. ADJOURNMENT.
A motion to adjourn shall always be in order and decided
without debate.
SECTION 14. MISCELLANEOUS.
Section, subsection, and paragraph headings used herein are
not part of this ordinance and shall not be used or considered in
determining the proper meaning, purpose or intension hereof.
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SECTION _15. SEVERABILITY.
If any court of competent juriediction shall adjudge any
provision of this ordinance to be invalid, such judgement shall
not affect any other provisions of this ordinance not spegifical�.y
included in said judgement.
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SECTION 16. EFFECTIVE DATE.
This ordinance shall take effect and be in force from and'
after its passage and publication.
Passed by the Council this 24th day of may , 1976. -
ATTEST:
Clerk- nistrator
G._
MAYOR
Published in on the day of