Loading...
1g. Rules of Procedure for Conduct of City Council Business I LAW OFFICES IGRANNIS, GRANNIS, FARRELL& KNUTSON DAVID L. GRANNIS- 1874-1961 PROFESSIONAL ASSOCIATION TELECOPIER. DAVID L. GRANNIS,JR.- 1910-1980 POST OFFICE Box 57 (612)455-2359 I VANCE B. GRANNIS 403 NOR WEST BANK BUILDING DAVID L. HARMEYER ELLIOTT B. KNETSCH VANCE B. GRANNIS,JR. 161 NORTH CONCORD EXCHANGE MICHAEL J MAYER PATRICK A. FARRELL DAVID L. GRANNIS,III SOUTH ST PAUL,MINNESOTA 55075 TIMOTHY J. BERG IROGER N. KNUTSON TELEPHONE:(612)455-1661 January 15, 1988 I ,/ 4_,S e., . - (� ;t{� Mr. Don Ashworth City of Chanhassen o 71A 4. �„ , f�� �/'° , I 690 Coulter Drive, Box 147 r�<<,��4 // Chanhassen, Minnesota 55317 4z ;.g.--> t V-(t C.. •.. ./S I RE: City Council Procedures de..,-, ,,,,,'a C.X .1 . ,1 Dear Don: d IAt the last Council meeting I was asked to review the provisions of your City Council procedures. My suggestions for change are: I1 . 06 Order of Business. At the hour appointed for meeting, the members shall be called to order by the Mayor, or in his I absence by the Acting Mayor, or in the absence of both by Council member with the longest seniority on the Council. I SECTION 8. VOTING. Unless a member of the Council who is present states that he is abstaining, his silence shall be recorded as an affirmative vote. In determining whether the motion has I passed by the required number of affirmative votes, a Council member who abstains shall be considered as having Ago J" voted,a,, - . - . ;-_,- . •_ * .. - =I-? }----o€-fie-- -E��, •and 1 I - his election not to -vote shall be duly noted in the minutes_, as n__ stention. ..,,. .,-� _ di( 10. 07 Motions to Reconsider. Motions to reconsider contracts, Iwritten agreements, claims for payment, ordinances, permits, zoning and subdivision approvals, and public improvement projects may only be made at the Council I meeting at which the original motion was voted upon. All other motions to reconsider must be made within the calendar year in which the motion was made. IVe _ yours, GRA N.,S, ' ANNIS, FA'R: L I :_ Ir SON, P.A. BY: q- -("/ I RNK: srn R.- -r N. Kn son JAN 18 1988 CITY OF CHANHASSEN I CITY OF CHANHASSEN y� CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: January 11, 1988 RESOLUTION NO: 88-01 MOTION BY: Geving SECONDED BY: Hamilton A RESOLUTION ESTABLISHING RULES OF PROCEDURE FOR THE CONDUCT OF CITY COUNCIL BUSINESS The following Rules of Procedure shall govern the conduct of City I Council business: SECTION 1. MEETINGS. , 1.01. Regular Meetings: The City Council shall hold regular meetings on the second and fourth Mondays of each month at 7:30 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 called by the mayor or by any two members of the council by writing filed with the Manager. At least one day before the meeting, the Manager shall notify each member of the time, place, and the 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 mem- bers are present at the meeting or consent thereto in writing. Such con- sent shall be filed with the Manager 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 the Chanhassen Municipal Building unless there is a published or posted notice designating another location. 1 1.04. Presiding Officers: The Mayor shall preside at all meetings of the Council. In the absence of the Mayor, the Acting Mayor shall pre- side. 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. -- 1.06. Order of Business: At the hour appointed for meeting, the ' members shall be called to order by the Mayor, or in his absence by the Acting Mayor, or in the absence of both by the City Manager. In the absence of the City Manager, the Mayor shall appoint a Secretary pro tern, as the case may be, shall call the roll, note the absentees and announce I I whether a quorum is present. If a quorum is present, the council shall iproceed to business which shall be conducted in the following order: 1. Call to Order (Pledge of Allegiance) 2. Roll Call 3. Approval of Agenda 4. Consent Agenda 5. Visitor Presentations i 6. Public Hearings 7. Award of Bids 8. Unfinished Business 9. New Business i 10. Council Presentations 11. Administrative Presentations 12. Adjournment 1.07. Consent Agenda. Items of a routine, or primarily administrative in nature, shall be presented by the Manager as a ' part of the "consent agenda" . All items so submitted shall have one clearly understandable recommended action so that all items may be voted upon as a group without discussion. The Mayor shall ask if there is anyone present, written correspondence received, or any councilmember wishing to discuss any item prior to calling for a vote approving the consent agenda. Any items requiring discussion shall be removed from the consent agenda and shall ' become the last item on the agenda unless a council member requests that it be heard earlier, i.e. if the question is short or persons are in attendance who are affected by the decision. If the action ' proposed to be taken involves a citizen(s) not in attendance, action shall be tabled to allow notification of the council's intent to discuss the proposed action. i 1.08. Curfew. No additional agenda items shall be discussed after 11:30 p.m. No meetings shall continue past 12:00 mid- night. Meetings adjourned under this policy shall be continued i to a time specified by the Council. The continued meeting will start at the point on the agenda where the adjournment occurred. 1.09. First Regular. 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 absence 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 be filed with the City Manager's office not later than 10:00 a.m. on the Monday prior to the following Monday Council meeting at which consideration is desired. In unusual i circumstances and when the matter does not require investigation, an item may be accepted after said deadline upon the approval of the City Manager or Mayor. -2- I SECTION 6. ADDRESSING THE COUNCIL. 6.01 Permission: Any person desiring to address the Council I shall first secure the permission of the Presiding Officer. 6.02 Procedure: Each person addressing the Council shall, if requested by the 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 Councilmember or any member of the administra- - tive 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 deter- mining 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 con- versation or otherwise, delay or interrrupt 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. ' SECTION 10. ORDINANCES, RESOLUTIONS, MOTIONS AND REPORTS. 10.01 Introduction of Matters for Action: Ordinances, reso- 1 lutions and other matters or subjects requiring action by the Council shall be introduced and sponsored by a member of the Council, except that the City Manager or City Attorney may pre- sent ordinances, resolutions and other matters or subjects to the Council. 10.02 Passage of Ordinances, Resolutions, and Motions: Every ordinance and resolution shall be presented in writing and read in full at a Council meeting; provided, however, that the -5- I 1' reading of an ordinance or resolution may be dispensed Y pe ed 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 reso- lutions except as otherwise provided by state law or city ordi- nance. 10.03 Readings of Ordinances: Every ordinance other than ' emergency ordinances 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 Emergency 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 mem- bers of the Council, as recorded by ayes and nayes. ' 10.05 Contents of Minutes: All ordinances and resolutions shall be filed with the Manager and made a part of the minutes. Reports, petitions, and correspondence shall be filed with the Manager and made a part of the minutes by reference. 10.06 Ordinances, Resolutions, and Motions: 1. An ordinance shall be required for: all legislation regulating or governing people or property and which pro- ' vides 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 question as to whether the action posed by the Council 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 procedure or to introduce items of busi- ness, i.e. ordinances, resolutions, etc. SECTION 11. CONDUCT OF CITY EMPLOYEES. 11.01 City Manager: The City Manager may take part in the discussion of the 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 -6- r