1 Organizational Items
CITY OF 1-
CHANHASSEN
690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
MEMORANDUM
TO:
Mayor and City Council
FROM:
Don Aslnvorth, City Manager
DA TE:
January 12, 1998
SUBJ:
Organizational Items:
a. Rules of Procedure
b. Official Newspaper
c. City Attorney
d. Bond Consultant
e. Acting Mayor
f. Weed Inspector
g. Fire Chief
h. Health Officer
1. City Auditors
J. Official Depository
a. Rules of Procedure: Attached please find a copy of the Council's Rules of Procedures.
The only change made to the resolution is in Section 1.01 wherein the meeting schedule
reflects both the regular meeting and \'lork session schedules. The council established the
meeting schedule at their December 8th meeting.
b. Official Newspaper: Attached please find a letter from the Chanhassen Villager
requesting designation as the official newspaper for the City.
c. City Attorney: It is the recommendation of this office that the firm of Campbell,
Knutson, Scott and Fuchs be reappointed as City Attorney.
d. Bond Consultant: In keeping with the policy of attempting to bid out auditing, bond
consultant and attorney service contracts every three years, we intended to interview bond
consultants in 1997. However, \vith the significant changes made by the state legislature,
especially as it relates to TIF, we could not endanger losing Springsted at such a critical
juncture in the overall financial health ofthe city. Staff recommends that the city council
Mayor and City Council
January 12, 1998
Page 2
appoint Springsted as the financial consultant for the city in 1998. When all of the TIF
and corresponding restructuring of debt has been completed, staff intends to move ahead
with the RFP process, which should be no later than July of 1998.
e. Acting Mayor: Rules of Procedure (Section 1.04) requires the City Council to name an
Acting Mayor during the disability or absence of the Mayor. There are no state or local
laws governing the designation, i.e. nomination may occur by any member of the Council
or by the Mayor. A 3/5ths majority vote is required.
f. Weed Inspector: Under state law, the Mayor is officially the Weed Inspector for the
city. I would recommend that Assistant Public Safety Director Bob Zydowsky continue
to be appointed the Deputy Weed Inspector.
g. Fire Chief: At the December 1997 business meeting, the fire department membership
elected John Wolff to a 2 year term as fire chief. I recommend that the city council
endorse this designation.
h. Health Officer: Dr. McCollum has expressed his willingness to serve as the City's
Health Officer again in 1998. He has held this voluntary position since 1981.
1. City Auditors: After going through the RFP process in the fall of 1996, the firm of
Tautges Redpath was awarded a three year contract to complete audit services. No action
IS necessary.
J. Official Depository: After completion of the RFP process in late 1995, The Chanhassen
Bank was appointed the official depository for 1996-1998. No action is necessary.
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City of Chanhassen
Carver and Hennepin Counties, Minnesota
DATE:
Januarv 12, 1998
RESOLUTION NO:
98-01
MOTION BY:
SECONDED BY:
A RESOLUTION ESTABLISHING RULES OF PROCEDURE FOR THE CONDUCT
OF CITY COUNCIL BUSINESS
The following rules of procedure shall govern the conduct of City Council business:
SECTION 1. MEETINGS.
1.01. Meetings. The City Council shall hold regular meetings the second and fourth
Mondays of each month at 6:30 p.m. If a regular meeting falls on a legal holiday, such meeting
shall be held at the same hour on the Tuesday succeeding the Monday holiday. However, in
December the Council will have only one regular meeting which will be on the second Monday,
December 14. Work sessions will be held on the first, third, and fifth Mondays of the month at
5:30 p.m.; however, no work session will be held on a legal holiday.
1.02. Special Meetings. Special meetings of the Council may be called by the Mayor or
by any two members of the Council in writing filed with the City 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 them personally if he/she can be
found, or, if he/she 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 City Manager prior to the beginning of the meeting. Any special meeting
attended by a majority of 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 Chanhassen City
Hall unless there is a published or posted notice designating another location.
1.04. Presiding Officers. The mayor shall preside at all meetings of the Council. In the
absence of the mayor, the acting mayor shall preside. In the absence of both, the Council
members 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 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 (Pledge of Allegiance)
2. Roll Call
3. Approval of Agenda
4. Consent Agenda
5. Visitor Presentations
6. Public Hearings
7. Award of Bids
8. Unfinished Business
9. New Business
10. Council Presentations
11. Administrative Presentations
12. Adjournment
1.07. Consent Agenda. Items of routine, or primarily administrative in nature, shall be
presented by the City 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 Council member 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.
1.08. Curfew. No additional agenda items shall be discussed after 11 :30 p.m. No
meetings shall continue past 12:00 midnight. Meetings adjourned under this policy shall be
continued 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 Meeting of the Year. At the first regular Council meeting in
January of each year, the Council shall (] ) 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 Thursday ten days prior to the Council
meeting at which consideration is desired. In unusual 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
2.02. Maintenance of Agenda. No item of business shall be considered for action by
the Council which does not appear on the agenda for the meeting, except that an item of 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 responsible 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 Council member shall be provided with a copy of the agenda,
minutes of the previous meeting, and any other reports and information pertinent to the agenda.
Staffwill make every effort to provide this information at least 120 hours prior to each regular
Council meeting. Exceptions may occur during holiday weeks.
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 Manager or Mayor for inclusion
on the agenda. The City Manager and Mayor shall establish the agenda for each regular and
special meeting.
SECTION 3. MINUTES.
3.01. Record of Council Meetings. The City Manager or the Manager's designee or
secretary pro tern, shall keep a record of all Council meetings.
3.02. Reading of Minutes. Unless a reading of the minutes of a Council meeting is
requested by a member of the Council, such minutes may be approved without reading on the
consent agenda if each member has previously been provided with a copy.
3.03. Amendment of Minutes. The Council may, by motion carried by majority vote of
all its members, amend the minutes. Such amending motion shall become a part of the minutes
of the meeting at which the amendment was made.
SECTION 4. DUTIES OF THE PRESIDING OFFICER.
The presiding officer shall preserve strict order and decorum at all meetings of the
Council. He/she shall state every question coming before the Council, announce the decision of
the Council on all subjects and decide all questions of OFder, subject 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/she may vote on all questions, and on a roll call vote determine the order
in which votes are cast.
The presiding officer shall normally use the following procedure on all agenda items
which such pertains:
3
1. State the question coming before the Council.
2. Request a summation of the Manager's report (where such has been presented in
writing to the Council).
3. Request a report from advisory boards and commissions when said item has been
referred to such.
4. Recognize citizens desiring to speak on said item.
5. Recognize Council members desiring to speak, maintain order and decorum on
items of discussion, and generally provide leadership for the Council to ensure
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 officer 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
Council member by reason of his acting as the presiding officer.
5.02. Recognition by the Chair. Every member desiring to speak shall address the chair
and upon recognition by the presiding officer, shall confine himself/herself to the question under
debate avoiding all personalities and indecorous language.
5.03. Speaking Privileges. A member, once recognized, shall not be interrupted when
speaking unless it be to call him/her 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/she shall cease speaking
until the question of order is determined and if in order he/she shall be permitted to proceed.
5.04. Reconsideration. A motion to reconsider any action taken by the Council may be
made at any time following original action. A motion to reconsider must be made by a member
of the Council who voted with the prevailing side. Should a motion to reconsider fail, an
additional request for reconsideration cannot occur for a period of six months following the date
of the first motion for reconsideration. If a motion to reconsider is passed, then parties entitled to
notice shall be notified and action shall be taken at the next regular meeting following passage of
the motion to reconsider. Should the City Council determine that other parties are not likely to
be affected by an item presented for reconsideration, the City Council may, at its discretion, act
on the original action the same evening as the Council votes on reconsideration.
4
5.05. Statements for the Record. A Council member may request, through the
presiding officer, the privilege of having an abstract of his/her statement on any subject under
consideration by the Council, of the reason for his/her 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.
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 the presiding
officer, give hislher name and address in an audible tone for the records, and unless further time
is granted by the presiding officer, shall limit his/her 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 Council
member 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 Councilor its presiding officer, except as otherwise herein provided.
5
SECTION 10. ORDINANCES. RESOLUTIONS. MOTIONS AND REPORTS.
10.01. Introduction of Matters for Action. Ordinances, resolutions 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 present ordinances, resolutions and
other matters or subj ects to the Council.
10.02. Passage of Ordinances, Resolutions and Motions. Upon the vote on
ordinances, resolutions and motions, the ayes and nays 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 the section "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 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 members of the Council, as
recorded by ayes and nays.
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 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
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 business, i.e. ordinances, resolutions, etc.
6
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/she may deem necessary for the
welfare of the people and efficient administration of the affairs of the City. He/she 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 the City Manager
shall confine hislher discussions at the Council meetings to statements of fact, recommendations
based on hislher knowledge and experience and explanations of the reasons for the same and any
matters pertaining to administration.
11.02. City Attorney. The City Attorney may not take part in the discussions of the City
Council except to answer questions directed to him/her, comment on matters involving legal
issues or procedures of the City, and to present factual material to the Council.
11.03. Other City Employees. No city employee other than the City Manager or City
Attorney shall enter into discussions 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 4/5ths vote of all Council members, 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 resolution and
shall not be used or considered in determining the proper meaning, purpose or intention hereof.
SECTION 15. SEVERABILITY.
If any court of competent jurisdiction shall adjudge any provision of this resolution to be
invalid, such judgment 'shall not affect any other provisions of this ordinance not specifically
included in said judgment.
7
SECTION 16. EFFECTIVE DATE.
The "City Council Rules of Procedure" shall be adopted by the City Council each year.
Such rules shall act as the format and control activities for the ensuing year. As such, the
following are hereby incorporated as a part of this resolution:
I. The "Rules of Procedure" as adopted each year shall be maintained by the City
Council in such a manner as to accurately reflect the procedures in effect for each
year; and
2. The effective date for each years "Rules of Procedure" shall be in full force and
effect from and after its passage. Publication is not required as long as the rules
are available for inspection and the general public may review said rules during
normal business hours.
Passed and adopted by the Chanhassen City Council this 13th day of January, ] 997.
ATTEST:
Don Ashworth, City Clerk/Manager
Nancy K. Mancino, Mayor
YES
NO
ABSENT
Mancino
Berquist
Engel
Mason
Senn
None
None
8
Chanhassen+ ViLLAGER
December 30, 1997
Mr. Don Ashworth, City Manager
City of Chanhassen
690 Coulter Drive
Chanhassen, MN 55317
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Dear Mr. Ashworth,
Please consider our request for appointment of the Chanhassen Villager as the official newspaper
for the City of Chanhassen in 1998.
Legal notices published in the Chanhassen Villager during this time period will be billed at the rate
of $8.37 per column inch for the first insertion and $6.19 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 en-
closed.
In accordance with Minnesota Statute 331 A.02, the Chanhassen Villager 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 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 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.
~espe . tfully, '. /;
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. ark Weber
Publisher
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enclosure
80 West 78th Street · Suite 170 · Chanhassen, Minnesota 55317 · (612)934-5045
INFORMATION FOR GOVERNMENTAL BODIES AND
INDIVIDUALS USING THE LEGAL NOTICES
SECTION OF THE CHANHASSEN VILLAGER
Deadlines
Notices to be published must be received in the office of the Chanhassen Villager by 4:00 p.m. on the
Thursday, 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 Chanhassen Villager 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.
CHANHASSEN VILLAGER RATE INFORMATION
Lowest classified rate paid by commercial users..............................................$11.50 per column inch
Legal advertising, first insertion.... ......................................................................$8.37 per column inch
Legal advertising, subsequent insertions. ....... ...... ...............................................$6.19 per column inch