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HomeMy WebLinkAboutItem 11City of Lakeville Administration Memorandum To: Mayor and City Council From: Justin Miller, City Administrator Date: October 28, 2019 Subject: Agenda Setting Process Councilmember Volk has requested that the process for setting the agenda for council meetings be discussed. Attached to this report is the City Council Rules of Procedure, which was last updated and approved by the City Council in May 2019. City of Lakeville City Council Rules of Procedure Established: June 1991 Revised: August 2011 Revised: May 2019 i. TABLE OF CONTENTS 1. MEETINGS 1.1 Regular meetings 1 1.2 Adjourned meetings 1 1.3 Special meetings 1 1.4 Emergency meetings 1 1.5 Work sessions 2 1.6 Notice of meetings 2 1.7 Quorum 2 1.8 Meetings to be public 2 1.8.1 Personnel matters 2 1.8.2 Attorney-client matters 2 1.9 Annual meeting 2 1.10 Staff members present at meetings 2 1.10.1 City Clerk 2 1.10.2 City Administrator 2 1.10.3 City Attorney 3 1.10.4 City Employees 3 2. PRESIDING OFFICER AND DUTIES 2.1 Presiding Officer 3 2.2 Call to order 3 2.3 Right of floor 3 2.4 Preservation of order 3 2.5 Points of order 3 2.6 Decorum and order – Council Members 3 2.7 Decorum and order – Employees 4 2.8 Decorum and order – Public 4 2.9 Enforcement of Decorum 5 3. AGENDA AND ORDER OF BUSINESS 3.1 Agenda 5 3.1.1 Items not on the agenda 5 3.2 Delivery of agenda 5 3.3 Order of business 5 3.4 Roll call 6 3.5 Minutes of Council proceedings 6 3.6 Reading of minutes 6 3.7 Consent agenda 6 3.8 Adjournment 6 -ii- 4. ORDINANCES, MOTIONS, AND VOTING PROCEDURES 4.1 Preparation of ordinances 7 4.2 Ordinances, confined to one subject 7 4.3 Motions 7 4.3.1 Motions out of order 7 4.3.2 Division of question 7 4.3.3 Precedence of motions 7 4.3.4 Motion to adjourn (not debatable) 7 4.3.5 Motion to table 7 4.3.6 Motion to limit or terminate discussion 8 4.3.7 Motion to amend 8 4.3.8 Motion to continue 8 4.4 Voting procedure 8 4.5 Failure to vote 8 4.6 Reconsideration 8 4.7 Tie votes 9 4.8 Failure to achieve required votes 9 4.9 Conflict of interest 9 4.10 Rulings of Chair final unless overruled 9 5. BOARDS, COMMISSIONS AND COMMITTEES 5.1 Creation of boards, commissions and committees 9 5.2 Membership and selection 9 5.3 Removal of members 9 5.4 Vacancies 10 5.5 Minutes 10 6. CITIZENS’ RIGHTS 6.1 Right to address the Council 10 6.2 Addressing the Council 10 6.2.1 Addressing the Council regarding any matter not appearing on the regular Council agenda 10 6.2.2 Addressing the Council regarding any matter appearing on the regular Council agenda 10 6.3 Addressing the Council during the Unfinished Business and New Business portions of the agenda prohibited 11 6.4 Time limit for addressing the Council 11 7. AMENDMENT AND SUSPENSION OF RULES 7.1 Amendment of rules 11 7.2 Suspension of rules 11 -1- CITY OF LAKEVILLE COUNCIL RULES OF PROCEDURE Adopted May 6, 2019 The purpose of these rules is to provide guidelines for the conduct of public business by or on behalf of the Lakeville City Council. 1. MEETINGS: 1.1 Regular meetings: The City Council of the City of Lakeville will hold regular meetings in the council chambers of City Hall, 20195 Holyoke Avenue, Lakeville, Minnesota, on the first and third Mondays of each month at 7:00 p.m. If the meeting date falls on a legal holiday, the meeting will be scheduled instead on the next succeeding day that is not a holiday, unless another day has been designated in advance. A schedule of all regular meetings will be kept on file at City Hall. All meetings, including special, adjourned and emergency meetings, will be held at City Hall unless the notice of meeting designates a different location. 1.2 Adjourned meetings: Any meeting may be adjourned to a specified time, place and date, not beyond the next regular meeting. After adjournment, the meeting cannot be reconvened. 1.3 Special meetings: As required by State Statute, a special meeting can be called by the mayor or any two members of the Council by writing filed with the City Clerk, who shall then mail or deliver a notice to all members of the time, place and agenda at least three (3) days before the meeting. The City Clerk shall also post written notice of the date, time, place and purpose of the meeting on the bulletin board at City Hall. The notice shall also be mailed or otherwise delivered to each person who has filed a written request for notice of special meetings. 1.4 Emergency meetings: As required by State Statute, an emergency meeting may be called because of circumstances that require immediate consideration by the City Council. Notice of the emergency meeting shall be given by telephone or by any other method used to notify the members of the Council. A good faith effort shall be made to provide notice of the meeting to the public and to each news medium that has filed a request for such notice. The notice shall include the purpose of the meeting. -2- 1.5 Work sessions: Work sessions shall generally be held on the fourth Monday of each month, except when the fourth Monday falls on a legal holiday. Special work sessions can be called from time to time as deemed necessary. Information can be presented, and discussion can occur, but no action can be taken at work sessions. 1.6 Notice of meetings: Notice of all regular meetings, work sessions and special and emergency meetings will be consistent and will be posted by the City Clerk in designated locations. 1.7 Quorum: A majority of the Council (three of the five members) will be sufficient to do business. Certain matters, however, require four affirmative votes for approval. 1.8 Meetings to be public: A schedule of the meetings of the City Council shall be kept on file at City Hall. If a meeting is recessed or a continued session of a previous meeting, and the time and place of the meeting was established during the previous meeting and recorded in the minutes of the meeting, then no further published or mailed notice is necessary. All regular, adjourned, special, or emergency meetings and all work sessions of the City Council will be open to the public, except as provided in the Open Meeting Law, Minnesota Statutes Chapter 13D as amended. 1.9 Annual meeting: At its first meeting of the year, sometimes referred to as the annual meeting, the council must perform certain functions as follows: Designate the official newspaper Designate official depositories Elect an acting mayor to perform the duties of the mayor during disability or absence or, if there is a vacancy in the office of mayor, until a successor has been appointed or elected. 1.10 Staff members present at meetings: 1.10.1 City Clerk: The City Clerk will attend all meetings of the Council unless excused and will keep official minutes and perform such other duties as may be requested by the Council. The City Clerk will be responsible for the preservation and safekeeping of the minutes. 1.10.2 City Administrator: The City Administrator will attend all meetings of the Council unless excused. The Administrator may make recommendations to the Council and will have the right to take part in all discussions of the Council but will have no vote. -3- 1.10.3 City Attorney: The City Attorney will attend all meetings of the Council unless excused and will, upon request, give an opinion, either written or oral, on questions of law in accordance with the City Code. The City Attorney will respond to all questions of the Council regarding parliamentary procedure. 1.10.4 City Employees: City department directors and staff members will attend City Council meetings as requested by the City Administrator. Any City employee may also appear before the Council and identify himself or herself as speaking as a resident or a member of the public. 2. PRESIDING OFFICER AND DUTIES: 2.1 Presiding Officer: The mayor will be a member of the Council and preside over its meetings. In the absence of the mayor, the acting mayor will preside. In the absence of both the mayor and the acting mayor, the clerk will call the meeting to order and preside until the Council selects a chair. Upon the arrival of the mayor or acting mayor, the temporary chair will immediately relinquish the chair upon the conclusion of the current item of business. 2.2 Call to order: The meetings of the Council will be called to order by the mayor. 2.3 Right of floor: Any council member desiring to speak must be recognized by the mayor and should confine his or her remarks to the subject under consideration or to be considered. 2.4 Preservation of order: The mayor will preserve order and decorum at all meetings of the Council. The proceedings of the Council will be conducted in accordance with “Robert’s Rules of Order Revised” most current edition except if otherwise provided by Statute or these rules. All questions and remarks shall be addressed to the mayor, or through the mayor to the appropriate council member, staff member, citizen or other appropriate person. 2.5 Points of order: The mayor will determine all points of order, subject to the right of any council member to appeal to the Council. In the event of an appeal, a majority vote of the Council will govern and conclusively determine such question of order. 2.6 Decorum and order – Council Members 2.6.1 Council Members: (a) Any council member desiring to speak shall address the mayor and, upon recognition, shall confine himself or herself to the question under debate. -4- (b) A council member who wishes to ask a question of the City Attorney may do so after being recognized by the mayor. (c) A council member, once recognized, shall not be interrupted while speaking unless called to order by the mayor, unless a point of order is raised by another council member, or unless the speaker chooses to yield to questions from another council member. (d) Any council member called to order while speaking shall cease speaking immediately until the question of order is determined. If ruled to be in order, he or she shall be permitted to proceed. If ruled to be not in order, he or she shall remain silent or shall alter his or her remarks to comply with the rules of the Council. (e) Council members shall accord the utmost courtesy toward each other, to City employees and to citizens appearing before the Council. Council members shall refrain at all times from rude and derogatory remarks, reflections about integrity, abusive comments and statements regarding motives and personalities. (f) Any council member may move to require the mayor to enforce the rules, and the affirmative vote of a majority of the Council shall require the mayor to so act. (g) Any council member may address the Council on a question of personal privilege if his or her integrity, character, or motives has been assailed, questioned, or impugned. (h) No council member normally should speak more than once upon any one subject until every other member choosing to speak on the topic has spoken. (i) Any member shall have the right to express dissent from or protest any action of the Council and have the reason entered in the minutes. If such dissent or protest is desired to be entered in the minutes, this should be made clear by language such as “I would like the minutes to show that I am opposed to this action for the following reasons:” 2.7 Decorum and order – Employees Members of the staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the Council. The City Administrator shall ensure that all City employees observe such decorum. Any staff member, including the City Administrator, who desires to address the Council or members of public shall first be recognized by the mayor. All remarks shall be addressed to the mayor, to an individual council member, or member of the public. 2.8 Decorum and Order – Public Members of the public attending Council meetings shall observe the same rules of order and decorum applicable to the Council. Any person making -5- inappropriate remarks or who becomes boisterous while addressing the Council shall be removed from the room if the Sergeant-of-Arms is so directed by the mayor, and such person may be barred from further audience with the Council. 2.9 Enforcement of Decorum The Chief of Police (or their designee) shall be ex-officio Sergeant-of-Arms of the Council. They shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum in the Council Chambers. Upon instructions from the mayor, it shall be the duty of the Chief of Police or representative to eject any person from the Council Chambers. 3. AGENDA AND ORDER OF BUSINESS 3.1 Agenda: All reports, communications, ordinances, resolutions, contract documents and other matters intended for the agenda will be filed no later than 4:30 pm on the Thursday prior to the Monday Council meeting at which consideration is desired. These documents will be delivered to the City Administrator or, in the Administrator’s absence, to the City Clerk for inclusion on the agenda. Only in unusual circumstances will matters be accepted later than 4:30 pm on Thursday upon approval of the City Administrator. 3.1.1 Items not on the agenda. No item of business will be considered by the Council which does not appear on the agenda for the meeting, except that the agenda can be amended for items of business that require immediate consideration and are declared as such by a majority vote of the council members present. 3.2 Delivery of agenda The agenda will ordinarily be delivered to council members by each Friday preceding the scheduled meeting. At the time it is delivered to the Council, the agenda and all pertinent material not of a confidential nature shall also be available to the public. 3.3 Order of business: The order of business for each meeting shall be as contained in the agenda prepared by the City Administrator, as follows: Call to order Roll call, Moment of Silence and Flag Pledge Citizens’ Comments Additional Agenda Information Presentations/introductions Consent agenda* Regular agenda Unfinished business (for Council discussion only) New business (for Council discussion only) -6- Announcements Adjournment *(All matters listed on the consent agenda are considered routine and will be acted upon by one motion in the order listed. An explanation can be offered, but no discussion will take place on separate items. If discussion is desired by either a council member or a member of the audience, that item will be removed from the consent agenda and considered separately.) Agenda items may not be taken out of order except with majority consent of the Council. No items may be added or deleted without majority consent of the Council. 3.4 Roll call: At the hour appointed for a City Council meeting, the mayor will call the meeting to order and the City Clerk will call the roll and note the absentees. The City Clerk will note in the minutes the time and point in the proceedings when any member absent for roll call arrives, or when any member leaves prior to adjournment. 3.5 Minutes of Council Proceedings: The minutes of each meeting will be recorded, typewritten and signed by the mayor and clerk and entered into a book as the official minutes of the Council. Copies of the minutes will be delivered to each council member, with approval to be considered at the next regular council meeting. 3.6 Reading of minutes: Prior to the meeting, each council member will have been furnished a copy of the minutes of the preceding meeting(s). Unless a reading of the minutes is requested by a council member, the minutes may be corrected, if necessary, and approved as printed without reading aloud. If there is no objection to the correction, it may be made without vote of the Council. If there is an objection, the Council shall vote on the correction. 3.7 Consent agenda: The City Administrator may place items of business on the “consent agenda” which are considered routine. After reviewing the consent agenda, any council member or member of the public may request that a consent agenda item be moved to the regular agenda for discussion. Any item removed from the consent agenda will become a regular agenda item and will be considered after the consent agenda. In addition, if there is no objection, any council member may request that a regular agenda item be moved to the consent agenda. All items not removed from the consent agenda and items added to the consent agenda can be passed by a single, non-debatable motion upon unanimous vote of the council members present. Prior to a motion to approve the consent agenda, the mayor will review the items that have been added or removed. 3.8 Adjournment: A motion to adjourn will always be in order and decided without debate. -7- 4. ORDINANCES, MOTIONS, AND VOTING PROCEDURES 4.1 Preparation of Ordinances: All ordinances will be prepared by the City Attorney upon request of the City Council, the City Administrator or by the City Attorney’s own initiative. 4.2 Ordinances, confined to One Subject: Exceptions: All ordinances will relate to only one subject, with the following exceptions—an appropriation ordinance, and ordinance adopting or embodying an administrative or governmental code, or an ordinance adopting a code of ordinances. 4.3 Motions: Motions on agenda items shall be made in the affirmative. When a motion is made and seconded, it shall be stated by the mayor before debate. A motion so stated shall not be withdrawn by the mover without the consent of the person seconding it. 4.3.1 Motions out of order: The mayor may at any time, by majority consent of the Council, permit a member to introduce an ordinance, resolution or motion out of the regular agenda order. 4.3.2 Division of question: If the question contains two or more dividable propositions, the mayor may, and upon request of a member shall (unless appealed), divide the same. 4.3.3 Precedence of motions: When a motion is before the Council, no motion shall be entertained except the following, which shall have precedence in the following order: Fix hour of adjournment Adjourn Table Limit or terminate discussion Amend Postpone 4.3.4 Motion to adjourn (not debatable): A motion to adjourn shall be in order at any time except as follows: (a) When made as an interruption of a member while speaking, (b) When discussion has ended, and vote on motion is pending, and (c) While a vote is being taken. A motion to adjourn “to another time” shall be debatable only as to the time to which the meeting is adjourned. 4.3.5 Motion to table: A motion to table shall be undebatable and shall preclude all amendments or debate of the subject under consideration. If the -8- motion shall prevail, the matter shall be “taken from the table” at any time prior to the end of the next regular meeting unless the motion is to either table indefinitely, in which case the matter shall not be rescheduled without at least majority approval of the Council, or to a certain date. 4.3.6 Motion to limit or terminate discussion: Such a motion shall be used to limit or close debate on, or further amendment to, the main motion and shall be undebatable. A two-thirds vote is required for passage. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion. 4.3.7 Motion to amend: A motion to amend shall be debatable only as to amendment. A motion to amend an amendment shall be in order, but a motion to amend an amendment to an amendment relating to a different matter shall not be in order. A substitute motion on the same subject shall be acceptable and voted on before a vote on the amendment. Amendments shall be voted first, then the main motion as amended. 4.3.8 Motion to postpone: Motions to postpone to a definite time shall be amendable and debatable as to propriety of postponement and time set. 4.4 Voting procedure: On passage of every motion, the vote shall be taken and entered upon the record. A roll call vote may be called by any member of the council. The order of voting shall be rotated for each motion. The Clerk shall call the names of the council members seated when a roll call vote is ordered. Members shall respond affirmative, negative, or abstain. 4.5 Failure to vote: Every council member shall vote unless disqualified for cause. If any member present does not vote, the vote for that item as recorded in the minutes shall indicate that council member’s name, followed by “present, not voting.” 4.6 Reconsideration: Any council member who voted with the prevailing side may move a reconsideration of any action at the same meeting, or first subsequent meeting when a full Council is present. A motion to reconsider a contract, however, can only be made at the same meeting at which it is approved. A motion for reconsideration of any other action shall require four votes for passage, except that after a motion of reconsideration has once been acted upon, no other motion for reconsideration of the same matter shall be made without unanimous consent of the full Council. When an application or request has been denied by the Council and is resubmitted to the Council at any time within 12 months following the Council’s action, it shall be deemed a -9- reconsideration, shall be presented only to a full Council, and shall be subject to the voting requirements of the preceding sentence. 4.7 Tie votes: Tie votes shall be lost motions, when all council members are present. If a tie vote results at a time when less than all members of the Council are present, the matter shall automatically be continued to the agenda of the next regular meeting of the Council, unless otherwise ordered by the Council. 4.8 Failure to achieve required votes: Any matter which fails to achieve the required number of votes for passage shall be deemed denied. The council members voting in opposition shall have the opportunity to state their reasons for the record. 4.9 Conflict of interest: Any council member whose private or personal interests are involved in a matter coming before the Council shall refrain from debate and voting in order to avoid a conflict of interest. The council member may choose to step into the audience to speak as a citizen, or to leave the Council Chambers during debate and voting on the issue. 4.10 Rulings of mayor final unless overruled: At Council meetings, the mayor, acting mayor or temporary chair shall decide all questions or interpretations of these rules, Points of Order or other questions of procedure that require rulings. Any such decision or ruling shall be final unless overridden or suspended by a majority vote of the council members present and voting and shall be binding for purposes of the matter under consideration. 5. BOARDS, COMMISSIONS AND COMMITTEES: 5.1 Creation of boards, commissions and committees: The Council may create such boards, commissions and committees, standing or special, as it deems necessary, to study, advise and make recommendations on such topics as the Council specifies. Such advisory groups shall consist of as many members the Council determines necessary and perform such duties as the Council requires. Except for the Planning Commission, which cannot be abolished, any citizen advisory group so created will cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Council. 5.2 Membership and selection: Membership and selection of members will be as provided by the resolution which established the board, commission or committee. 5.3 Removal of members: The Council can remove any member of a citizen advisory group by a four-fifths vote of Council. Any member of a citizen advisory group who misses three consecutive meetings or a total of one-third of all meetings in a calendar year -10- shall automatically be removed from office and the City Administrator shall notify the member of his or her removal. 5.4 Vacancies: The chairperson of the citizen advisory group shall notify the City Council promptly of any vacancies occurring in membership. The City Council shall publicize the vacancy and request applications for the position. The City Council shall interview applicants and appoint a citizen to fill the vacancy for the remainder of the unexpired term. 5.5 Minutes: Each board, commission, or committee shall furnish the City Council with the minutes of the group’s meetings. 6. CITIZENS’ RIGHTS: 6.1 Right to address the Council: All citizens have the right to address the council. Citizens’ comments are encouraged to allow individuals to address the entire council on a matter of interest or concern. Specific guidelines should be followed to preserve and protect the valuable flow of information; to provide equal rights to all citizens, to provide for an orderly meeting and to provide adequate time for the council to review and consider agenda items. 6.2 Addressing the Council: 6.2.1 Addressing the council regarding any matter not appearing on the regular council agenda: (a) During the “Citizens’ Comments” portion of the agenda, the citizen should step forward to the microphone and wait to be recognized by the mayor. (b) The citizen should state his or her name and address for the record. (c) All remarks must be addressed to the council as a body, and not to any individual member. (d) No person other than members of the council, the City Administrator and the person having the floor will be permitted to enter into any discussion unless requested to do so by the mayor. (e) No question shall be asked of a council member or the City Administrator except through the mayor. 6.2.2 Addressing the Council regarding any matter appearing on the regular Council agenda: (a) When the mayor asks if any member of the audience wishes to comment on the matter under discussion, the citizen should step forward to the microphone and wait to be recognized by the mayor. -11- (b) The citizen should state his or her name and address for the record. (c) All remarks must be addressed to the council as a body, and not to any individual member. (d) No person other than members of the council, the City Administrator and the person having the floor will be permitted to enter into any discussion unless requested to do so by the mayor. (e) No question shall be asked of a Council Member or the City Administrator except through the mayor. 6.3 Addressing the council during the Unfinished Business and New Business portions of the agenda is prohibited: No one can address the council during the Unfinished Business and New Business portions of the agenda. These items are for council discussion only. 6.4 Time limit for addressing the Council: So that all who wish to speak may do so, citizens addressing the council must limit their remarks to three minutes unless further time is granted by the mayor. 7. AMENDMENT AND SUSPENSION OF RULES: 7.1 Amendment of rules: These rules may be amended, or new rules may be adopted by resolution with a two-thirds vote of all members present at a regular meeting. 7.2 Suspension of rules: Any provision of these rules not governed by the City Code may be temporarily suspended by a two-thirds vote of the members present. The vote on any suspension will be taken by roll call and entered in the minutes.