2. Review Ordinance No. 91-Rules for Organization and Procedures of the City Council Meeting Date: 1/11/2011
Agenda Item: - �
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City Council Agenda Report
City of Scandia
14727 209th St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Review Ordinance No. 91—Rules for Organization and Procedures of
the City Council.
Deadline/ Timeline: N/A
Background: • Ordinance No. 91 sets the basic procedures for the City Council
and its advisory committees and commissions. It was based on a
model from the League of Minnesota Cities, and adopted at the
first meeting of the City Council in January, 2007.
� Much of the ordinance reflects required procedures for statutory
cities,but the Council has some discretion to modify procedures as
long as compliance with the law is maintained.
� Staff's preliminary discussions with members during orientation
sessions have indicated interest in discussing a number of specific
provisions, such as:
➢ Sec. 1, Subd. 1: Regular Meetings: should the date or time be
changed? Should there be more than 1 "regular" meeting
each month?
➢ Sec. 1, Subd. 2: Meetings with Planning Commission: should
this practice continue, or should the meetings be separated? It
appears that no other Minnesota cities have concurrent
meetings. There are some advantages (fewer meetings,for
example) but some disadvantages that should also be
discussed.
➢ Sec. 4, Subd. 1: Order of Business: should there be any
changes to the order of business on Council agendas?
➢ Sec. 5, Subd. 2: Voting: should roll call votes be mandated
for some or all votes taken by the Council?
➢ Sec. 7, Subd. 1: Council Committees: the Council may
appoint committees as it sees fit; the only current standing
committee is a Human Resources Committee (currently
comprised of 2 Council members and the Ciry Administrator.)
Will the Council continue that committee? What other
committees should be established? Appointments will be made
at the Annual Meeting (1/18.) The Council may wish to discuss
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possible assignments.
➢ Sec. 8. Subd. 2: Advisory Committees and Commissions:
The Planning Commission and Board ofAppeals are required
by statute; others are optional. In addition to those currently
listed, the only other existing committee is the Capital
Improvements Committee. Does the Council wish to continue
the current committee structure?
➢ Sec. 8, Subd. 2: Planning Commission: The number of
members and their tei�ms of office may be altered if desired by
the Council.
➢ Sec. 3, Subd. 3. Parks and Recreation Committee: The role of
this advisory group, as well as the number of inembers and
their terms may be changed by the Council.
• There may be other provisions not on this list that the Council may
wish to change or add to the ordinance.
Reeommendation: Periodic review of this ordinance is recommended. The seating of a
majority of new Council members presents a good opportunity to do
so. The Council should discuss the ordinance and identify any
changes you may wish to make. Staff will then draft an amended
ordinance for review and adoption at a future meeting, if needed.
Attachments/ • Ordinance No. 91
Materials provided:
Contact(s):
Prepared by: Anne Hurlburt, Administrator
(review of ordinance 91)
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CITY OF SCANDIA
ORDINANCE NO. 91
AN ORDINANCE ESTABLISHING RULES FOR THE ORGANIZATION AND
PROCEDURE OF THE CITY COUNCIL OF THE CITY OF SCANDIA
The City Council of the City of Scandia hereby ordains:
Section 1. MEETINGS
Subdivision 1. Regular meetings. Regular meetings of the city council shall be held on
the third Tuesday of each calendar month at 7:00 p.m. Any regular meeting falling upon a
holiday shall be held on the next following business day at the same time and place, unless
otherwise determined by a majority vote of the Council. The city clerk shall maintain a schedule
of regular meetings. This schedule shall be available for public inspection during regular
business hours at the city clerk's office. All meetings, including special emergency meetings,
shall be held at the Scandia Community Center, 14727 209th Street North.
Subdivision 2. Meetings with Planning Commission. A meeting of the City Council
shall be held on the first Tuesday of each calendar month at 7:00 p.m. The City Council meeting
shall be continued while the Planning Commission meets at 7:30 p.m. to conduct its business,
after which the Council shall receive recommendations of the Planning Commission. 'The
Council may act upon recommendations of the Commission at that meeting or at a subsequent
meeting.
Subdivision 3. Special meetings. The mayor or any two members of the council may
call a special meeting of the council upon at least 24 hours written notice to each member of the
council. This notice shall be delivered personally to each member, or left at the member's usual _
place of residence with some responsible person. Similar written notices shall be mailed at least
three days before the meeting date to those who have requested notice of such special meetings.
This request must be in writing and filed with the city clerk, designating an official address
where notice may be mailed. Such request will be valid for one year.
Subdivision 4. Emergency Meetings. The mayor or any two councilmembers may call
an emergency meeting when circumstances require the immediate consideration of a matter by
the council. Notice may be in writing personally delivered to councilmembers or may be in the
form of personal telephone communication. Notice must include the date, time, place and
purpose of such a meeting. Where practical, the clerk shall make an effort to contact news
gathering organizations that have filed a request to receive notice of special meetings.
Subdivision 5. Annual Meeting. At the first regular Council meeting of January of
each year, the council shall do the following:
Ordinance No. 91
(a) Designate the depositories of city funds;
(b) Designate the official newspaper;
(c) Choose an acting mayor from the councilmembers who shall perform the mayor's
duties during the mayor's absence, disability from the city, or in case of vacancy
in the office of mayor, until a successor has been appointed and qualifies.
(d) Appoint necessary officers, employees and members of boards, commissions and
committees.
Subdivision 6. Public meetings. Except as otherwise provided in the open meeting law,
all council meetings, including special, emergency and adjourned meetings and meetings of all
council committees shall be open to the public.
Section 2. PRESIDING OFFICER
Subdivision 1. Who presides. The presiding officer shall be the mayor. In the absence
of the mayor, the acting mayor shall preside. In the absences of both, the clerk shall call the
meeting to order and shall preside until the councilmembers present at the meeting choose one of
their number to act temporarily as presiding officer.
Subdivision 2. Procedure. The presiding officer shall preserve order, enforce the rules
of procedure herein prescribed and determine without debate, subject to the final decision of the
council on appeal, all questions of procedure and order. Except as otherwise provided by statute
or by these rules, the proceedings of the council shall be based on Robert's Rules of Order,
Newly Revised, 10`h Edition.
Subdivision 3. Appeals. Any member may appeal to the council from a ruling of the
presiding officer. If the appeal is seconded, the member may speak once solely on the question
involved and the presiding officer may explain his or her ruling, but no other councilmember
shall participate in the discussion. The appeal shall be sustained if it is approved by a majority of
the members present.
Subdivision 4. Rights of presiding officer. The presiding officer may make motions,
second motions, or speak on any question.
Section 3. MINUTES
Subdivision 1. Who keeps. Minutes of each council meeting shall be kept by the clerk
or by the deputy clerk. In the absence of both the clerk and deputy clerk, the presiding officer
shall appoint a secretary pro tem. Ordinances, resolutions and claims need not be recorded in
full in the minutes if they appear in other permanent records of the clerk and can be accurately
identified from the description given in the minutes.
Subdivision 2. Approvals. The minutes of each meeting shall be reduced to typewritten
form, shall be signed by the clerk or deputy clerk, and copies shall be delivered to each
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Ordinance No. 91
councilmember as soon as practicable after the meeting. At the next regular meeting following
such delivery, approval of the minutes need not be read aloud, but the presiding officer shall call
for any additions or corrections. If there is no objection to a proposed addition or correction, it
may be made without a vote of the council. If there is an objection, the council shall vote upon
the addition or corrections. If there are no additions or corrections, the minutes shall stand
approved.
Subdivision 3. Publication. The clerk shall publish the official minutes on the city web
site within 10 days of their approval. The clerk shall mail a copy of the minutes to any resident
upon request.
Section 4. ORDER OF BUSINESS
Subdivision 1. Order established. Each regular meeting of the council shall convene at
the time and place appointed. Council business shall be conducted in the following order:
1. Call to Order and Pledge of Allegiance
2. Roll Call
3. Public Forum
4. Approve Agenda
5. Approval of Consent Agenda
6. Public Hearings
7. Committee Reports
8. Staff Reports
9. General Business
10. Adjournment.
Subdivision 2. Varying order. The order of business may be varied by the presiding
Officer.
Subdivision 3. Agenda. The clerk shall prepare an agenda of business for each regular
council meeting and file a copy in the office of the clerk not later than four calendar days before
the meeting. The agenda shall be prepared in accordance with the order of business and copies
shall be delivered to each councilmember and posted at the community center as far in advance
of the meeting as time for preparation will permit. No item of business shall be considered
unless it appears on the agenda for the meeting or is approved for addition to the agenda by a
majority vote of the councilmembers present.
Subdivision 4. Agenda materials. The clerk shall see that at least one copy of printed
materials relating to agenda items is available to the public in the meeting room while the council
considers their subject matter. The agenda items shall not be considered unless this provision is
complied with. This section does not apply to materials that are classified as other than public
under the Minnesota Government Data Practices Act or materials from closed meetings.
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Ordinance No. 91
Section 5. QUORUM AND VOTING
Subdivision 1. Quorum. At all council meetings a majority of the elected council
members shall constitute a quorum for the transaction of business, but a smaller number may
adjourn from time to time.
Subdivision 2. Voting. The votes of the members on any question may be taken in any
manner, which signifies the intention of the individual members, and the votes of the members
on any action taken shall be recorded in the minutes. The vote of each member shall be recorded
on each appropriation of money, except for payments of judgments, claims and amounts fixed by
statute. If any member is present but does not vote, the minutes, as to that member's name, shall
be recorded as an abstention.
Subdivision 3. Votes required. A majority vote of all members of the council shall be
necessary for approval of any ordinance unless a larger number is required by statute. Except as
otherwise provided by statute, a majority vote of a quorum shall prevail in all other cases.
Section 6. ORDINANCES, RESOLUTIONS, MOTIONS, PETITIONS AND
COMMUNICATIONS.
Subdivision 1. Readings. Every ordinance and resolution shall be presented in writing.
An ordinance or resolution need not be read in full unless a member of the council requests such
a reading.
Subdivision 2. Signing and publication proof. Every ordinance and resolution passed
by the council shall be signed by the mayor, attested by the clerk, and filed by the clerk in the
resolution book. Proof of publication of every ordinance shall be attached and filed with the
ordinance.
Subdivision 3. Repeals and amendments. Every ordinance or resolution repealing a
previous ordinance or resolution or a section or subdivision thereof shall give the number, if any,
and the title of the ordinance or code number of the ordinance or resolution to be repealed in
whole or in part. Each ordinance or resolution amending an existing ordinance or resolution or
part thereof shall set forth in full each amended section or subdivision as it will read with the
amendments.
Subdivision 4. Motions, petitions, communications. Every motion shall be stated in
full before the presiding officer submits it to a vote and shall be recorded in the minutes. Every
petition or other communication addressed to the council shall be in writing and shall be read in
full upon presentation to the council unless the council dispenses with the reading. Each petition
or other communication shall be recorded in the minutes by title and filed with the minutes in the
office of the clerk.
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Ordinance No. 91
Section 7. COLTNCIL COMMITTEES
Subdivision 1. Committees. The council may create such committees, standing or
special, as it deems necessary. Committees shall consist of as many members and perform such
duties at the council may require.
Section 8. ADVISORY COMMITTEES AND COMMISSIONS
Subdivision 1. Generally. The city council performs the duties and exercises the
powers of administrative boards, committees or commissions. However, the Council may
establish boards or commissions as set forth in this Section to investigate subjects or to perform
quasi judicial functions. Additional administrative boards or commissions shall be established as
required by law or for the administration of a municipal function jointly shared with another
political subdivision.
Subdivision 2. Planning Commission. The Planning Commission is established
pursuant to the Minnesota Municipal Planning Act, and has the powers and duties assigned to it
by that Act and by the Development Code (Ordinance 74, as amended). The Planning
Commission is hereby designated the planning agency of the City pursuant to the Municipal
Planning Act. The Planning Commission consists of five members appointed by the Council for
staggered terms of five years, expiring on January 31 st of each year. The Chairperson and Vice
Chairperson of the Planning Commission are appointed by the Commission from among the
members of the Commission, subject to approval by the Council, for a term of one year. The
Commission shall adopt its own rules and procedures with the approval of the Council. All
members of the Commission may vote on all questions before the Commission. No member of
the Commission may vote on any question in which the member is directly or indirectly
interested.
Subdivision 3. Parks and Recreation Committee. There is established a Park and
Recreation Advisory Commission for the City, to act in an advisory capacity to the Council in all
matters relating to a park and recreation program in the City. The Park and Recreation Advisory
Committee consists of nine members appointed by the Council for staggered terms of five years,
expiring on January 31 st of each year. The Chairperson and Vice Chairperson of the Parks and
Recreation Committee are appointed by the Commission from among the members of the
Commission, subject to approval by the Council, for a term of one year. The Committee shall
adopt its own rules and procedures with the approval of the Council.
Subdivision 4. Board of Adjustments and Appeals. Pursuant to Minnesota Statutes,
Section 462.354, a Board of Adjustments and Appeals is hereby established. The city council
shall serve as the Board of Adjustments and Appeals. The Planning Commission shall conduct
required hearings for the Board and make recommendations to it on all variance applications.
Subdivision 5. Removal of appointees to advisory committees and commissions. A
member of any advisory committee or commission appointed by the council may be removed at
any time by the council.
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Ordinance No. 91
Section 9. EFFECTIVE DATE.
This ordinance shall become effective upon its passage and publication according to law.
Passed and adopted by the City Council of the City of Scandia this 2nd day of January, 2007.
Dennis D. Seefeldt, Mayor
ATTEST:
Anne Hurlburt, Clerk/Administrator
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