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3-Rules and ProceduresCity Council Policy for Rules and Procedures February 26, 2025DRAFT Table of Contents Page Purpose ……………………………………………………………………………………………………………………………………… 1 Role of the City Council ………………………………………………………………………………………………………………. 1 Public Rights ………………….……………………………………………………………………………………………………………. 2 Scheduling Meetings …………………………………………………………………………………………………………………… 3 Meeting Agenda ………………………………………………………………………………………………………………………….. 5 Order of Business ………………………………………………………………………………………………………………………… 7 Meeting Conduct ………………………………………………………………………………………………………………………… 8 City Council Appointments ………………………………………………………………………………………………………….. 12 City Council Vacancy ……………………………………………………………………………………………………………………. 13 Amendment or Suspension of Rules ……………………………………………………………………………………………. 14 DRAFT 1 City of Otsego City Council Policy for Rules and Procedures Purpose The purpose of this document is to establish the roles, responsibilities, and procedures for the conduct of business by the City Council. The rules set forth herein are established as policy and do not supersede any statutes, rules, codes, or ordinances adopted according to law. It is further intended that this document be a means of communication to educate and inform those interested in the functions of City government. These rules are intended to foster debate and discussion in an orderly manner, not to suppress honest discussion with excessive formality. Rules allow city business to be conducted as efficiently as possible, protect minority groups by giving every person a chance to be heard, prevent discussion of multiple topics at once, and allow decisions to be made by majority rule. Without these rules, disorderly proceedings would hamper all City action, no matter how well intended. Role of the City Council Cities are government jurisdictions created by the State of Minnesota with only those powers granted to them by the State. The City Council is the governing body of the City of Otsego. The City Council serves a policy and legislative function that determines a community’s present and future well-being and protects public health, safety, and welfare. Council members also act as liaisons between the City and residents, property owners, and businesses. Council members are tasked with representing and acting on behalf of their constituents. There are five members of the City Council each with authority as a whole to exercise the Statutory power given to cities. Council members are elected at large by residents of the City to four year terms for what is intended to be a part-time position. It is the responsibility of a Council member to attend and participate at council meetings and each has the ability to make and second motions, participate in discussions, and vote on every matter before the City Council. City Council members have no administrative responsibility or oversight of day-to-day operation of the City. The City Council is provided background information for City Council meeting agenda items in advance by City staff and appointed commissions, committees, and boards. The decisions of the City Council are based on this information, as well as City policies, practices, input from constituents, and an individual Council member's own personal judgment and opinion. The Mayor is an equal member of the City Council and is not an executive position, such as President or Governor. The only responsibilities unique to the Mayor from other Council members is the authority to call meetings of the City Council, to act as the presiding officer at City Council meetings, and to execute ordinances, resolutions, and contracts as approved by the City Council as a whole. The Mayor also typically serves as the ceremonial figurehead for the City. DRAFT 2 As elected officials, there is almost no oversight of an individual Council member except as provided for by Statute. The City Council as a body cannot direct an individual Council member to perform their duties or punish them for inappropriate behavior except in limited situations as provided for by Statute. Accountability of individual Council members in the conduct of their position on the City Council to represent their constituents is vested in the electorate in accordance with the principles of a representative democracy. Public Rights Public participation in City matters is important to ensure effective and responsive government services that reflects the common goals of the community and a shared vision of the future. Public attendance at City Council meetings is welcomed and encouraged. City Council meetings are the forum for the City Council to conduct the city’s business. While City Council meetings are open to the public pursuant to the Minnesota Open Meeting Law, they are not a forum for public expression. As with Council members elected to make decisions on behalf of the public, it is important that members the of public adhere to appropriate procedures and decorum during City Council meetings as established in this section.  Right to Address the City Council. o Public comments are encouraged to allow individuals to address the entire City Council on a matter of interest or concern and all members of the public have the right to address the City Council during the public comment portion of the agenda. o Persons addressing the City Council are to adhere to the standards of decorum established by these rules. o Specific guidelines are to be followed to preserve and protect the valuable flow of information; to provide equal rights to all members of the public, to provide for an orderly meeting, and to provide adequate time for the City Council to review and consider agenda items. o Members of the public are not allowed to participate in City Council discussion and debate without a specific invitation by the Mayor. o Members of the public must not applaud, engage in conversation, or engage in other behavior through words or actions that may disrupt the City Council meeting.  Addressing the City Council. The City Council wants to ensure that public comments are received at the proper time and place to be most effective. o Members of the public addressing the City Council will have one opportunity to comment and must limit their remarks to three minutes, unless further time is granted by the Mayor so that all who wish to speak may do so. DRAFT 3 o The Mayor may also limit comments to new information or suspend additional comments if no new information is being presented to allow for consideration of business, including other items on the meeting agenda, in a timely manner. o For some comments to be legally considered by the City Council, they must be presented at a properly noticed public hearing specifically related to a certain issue. This includes comments related to zoning or subdivision applications, public improvement projects, assessments, code enforcement, or other issues that are by State law or City Code subject to a hearing process. Scheduling Meetings City Council business is primarily conduced at meetings that occur on a regular schedule each month. The City Council may also schedule additional special meetings, emergency meetings, or work sessions as needed to undertake and discuss City matters. The following section outlines how the various meetings of the City Council are to be scheduled, including notice to the public.  Schedule. A schedule of all City Council meetings will be maintained by the City Clerk: o The schedule for regular meetings of the City Council is established in the City Code as occurring on the second and fourth Mondays of each month at 7:00PM. o If the regularly scheduled City Council meeting occurs on a legal holiday, the meeting will be scheduled on the next succeeding day that is not a holiday, unless another day has been designated in advance by a majority vote of the Council members present at a regular City Council meeting. o A Special City Council meeting can be called by the Mayor or any two Council members in writing to the City Clerk as provided for by Statute. The City Clerk is to deliver notice to all Council members and all persons who have filed with the City Clerk a written request for notice of special City Council meetings of the time, place, and purpose of the meeting. The City Clerk is also to post notice of the special City Council meeting on the City website and public bulletin board at Prairie Center. o A closed meeting is a meeting of the City Council that the public is not allowed to attend. A City Council meeting may only be closed if it meets the requirements of one of the seven specific exceptions listed in the Open Meeting Law. The same notice requirements that apply to any open meetings also apply to closed meetings. o An emergency City Council meeting may be called because of circumstances that require immediate consideration by the City Council as provided for by Statute. Notice of an emergency City Council meeting, including stating the purpose of meeting, is to be given to all Council members by City staff via phone, email, text, or any other method available. DRAFT 4 o A good faith effort is to be made to provide notice of the meeting to the public and any person that has filed with the City Clerk a written request for such notice. o Special work sessions of the City Council may be called as deemed necessary. At work sessions, information can be presented and discussion can occur, but no City Council action can be taken. o Any City Council meeting may be adjourned to a specific time, place, and date not beyond the next regular meeting without further notice. o After being adjourned, no meeting can be reconvened.  Location. All City Council meetings are to be held at Prairie Center, 8899 Nashua Avenue NE, unless the required notice designates a different location.  Notice. Notice of all City Council meetings will be consistent in form and posted by the City Clerk in the following designated locations: o City website o Public bulletin board at Prairie Center  Meetings to be Public. All meetings of the City Council are to be open to the public except as allowed by Minnesota Statutes Chapter 13D, including consideration of personnel matters, real estate transactions, contract negotiation, litigation, and other matters subject to attorney-client privilege.  Quorum: o Three of the five elected City Council members constitutes a quorum sufficient to conduct business at a City Council meeting, except where certain decisions require a super- majority by Statute, ordinance, or rules. o Council members are to notify the City Administrator and/or City Clerk as soon as possible in advance when they will not be able to attend a City Council meeting so that a quorum of Council members can be confirmed prior to the scheduled City Council meeting.  Minutes: o The City Clerk, or their designee, will attend all meetings of the City Council and will keep official minutes. DRAFT 5 o Minutes of a City Council meeting prepared by the City Clerk are not deemed official until approved at a regular City Council meeting by majority vote of the Council members present. o The City Clerk will be responsible for the preservation and safekeeping of the approved minutes in accordance with the City Record Retention Policy. o Audio and video recordings are to be made of regular City Council meetings, but do not constitute an official record of the City Council meeting, and are to be retained in accordance with the City Record Retention Policy and Statute. City Council special meetings, work sessions, or emergency meetings will only be recorded for audio as required by Statute. Meeting Agenda All City Council meetings are to follow an agenda or an outline of the business to be considered or acted upon. An agenda informs people of what can be expected to be considered during a meeting and how Council members, City staff, and the public can prepare for discussion and possible action. Agendas also serve to organize and focus the conduct of business Durning the meeting for efficient use of the time available.  Preparation. The City Administrator will prepare the agenda prior to the City Council meeting to include all Requests for Council Actions, reports, communications, ordinances, resolutions, contracts, documents or other matters intended for consideration by the City Council.  Publication: o The agenda for regular City Council meetings is to be published and accessible to the public on the City website by Noon on the Friday before the scheduled meeting with the City Clerk sending an email notice to all Council members, City staff, the Official Newspaper, and any persons requesting notice of agenda publication. o Any materials related to an agenda item deemed to be confidential according to Statute will not be published but delivered directly to Council members in a form determined by the City Attorney. o Council members requesting paper copies of the agenda are to file such request with the City Clerk and the paper copy will be delivered to the Council member’s mailbox at City Hall. o Paper copies of the agenda item or any item included on the agenda, excluding confidential matters in accordance with Statute, may be requested by the public by filing a written request to the City Clerk. DRAFT 6  Items Not On The Agenda. Items of business that do not appear on the agenda for the City Council meeting will not be considered, except that the agenda may be amended for items of business that require immediate consideration and are declared as such by a majority vote of the Council members present.  Advance Questions and Comments. Council members are encouraged to contact the City Administrator or other appropriate City staff in advance of City Council meetings with any comments or questions regarding agenda items. Awareness of a Council member’s perspectives and concerns regarding an agenda item enables City staff to assist the Council member and be prepared to address these matters before the City Council. For transparency, questions from Council members to City staff prior to a City Council meeting should be repeated by the Council member or City staff during the meeting to better inform the discussion and decision making process of the City Council. Order of Business The order of business for each regular City Council meeting is to be as established by the agenda generally as follows:  Roll Call. At the time appointed for a City Council meeting, the Mayor will call the meeting to order will call the roll of Council members, noting the absentees, and City staff present. The City Clerk will note the roll in the minutes as well as the time in the proceedings when any member absent for roll call arrives, or when any member leaves prior to adjournment.  Approval of agenda: o The agenda, including any additions or deletions requested by individual Council members or City staff, is to be approved by majority vote of the Council members present. o Agenda items may not be taken out of order except with majority consent of the Council members present.  Public Comments. An opportunity for members of the public to address the City Council on any topic will be included on the agenda for all regular City Council meetings. Persons addressing the City Council may be directed to follow up with City staff outside of the meeting to address their issue or concerns. To address the City Council regarding any matter not appearing on the regular council agenda, during the public comment period, a person should step forward to the microphone and wait to be recognized by the Mayor: − The person should state their name and address for the meeting minutes. − All remarks are to be addressed to the entire City Council and not any individual Council member, City staff, or public in attendance. − No person will be permitted to enter into discussion or respond to a question unless recognized by the Mayor. DRAFT 7  Consent Agenda: o The consent agenda consists of business matters considered routine and non- controversial by the City Council and will be approved without discussion. o Prior to approval of the meeting agenda, any Council member may request that a consent agenda item be moved to the business agenda for discussion. Any item removed from the consent agenda will be considered in the order of business established with approval of the agenda. o Prior to a vote to approve the consent agenda, the Mayor will review the items that have been added or removed. o The consent agenda can be passed by a single, non-debatable motion upon unanimous vote of the Council members present.  Public Hearings. Public hearings are to be the first business items considered and will be conducted as follows: o The Mayor will announce the purpose of public hearing and request the appropriate City staff person(s) to make a presentation. o The Mayor will open the public hearing, ask the City Clerk if any written comments have been received, and invite persons wishing to speak to step forward to the microphone and wait to be recognized by the Mayor: − The person should state their name and address for the meeting minutes. − All remarks are to be addressed to the entire City Council and not any individual Council member, City staff, or public in attendance. − No person will be permitted to enter into discussion or respond to a question unless recognized by the Mayor. o The Mayor will close the public hearing and members of the public can no longer provide comments or ask questions. o City Council discussion will follow and, following such discussion, the Mayor will call for a motion.  Business Items: Items of business on the agenda will generally be organized by Department and will include a presentation by City staff. Public comments or questions regarding business items may be allowed at the discretion of the Mayor, except for matters subject to required public hearing procedures conducted by the City Council or an advisory Commission that limit the City Council’s ability to receive additional or new information as part of the record of decision. DRAFT 8  Recess. A motion to recess is a request to take a brief respite from the conduct of the meeting. If a motion to take a recess is granted, the Mayor will set a time for the meeting to resume. In addition, the Mayor is authorized to call for a brief recess on his or her own initiative, without a vote, to maintain order in the meeting.  Adjournment. A motion to adjourn is always in order and decided without debate and the meeting is adjourned upon a majority vote of the Council members present. A motion to adjourn “to another time” is debatable only as to the time to which the meeting is adjourned. Meeting Conduct The proceedings of the City Council meeting will generally be conducted in accordance these rules, except if otherwise provided by Statute or these rules. Specific rules of procedures for City Council meetings are as follows:  Presiding Officer: o The Mayor will preside at City Council meetings. In the absence of the Mayor, the Acting Mayor will preside. In the absence of both the Mayor and the Acting Mayor, the City Clerk will call the meeting to order and preside until the City Council selects a chair. Upon the arrival of the Mayor or Acting Mayor at the meeting, the temporary chair will immediately relinquish the chair upon the conclusion of the current item of business. o The Presiding Officer will preserve order and decorum at all meetings of the City Council and will determine all points of order, questions or interpretation of these rules, or other questions of procedure that require rulings. o Any Council member may appeal a decision or ruling to the City Council. In the event of an appeal, a majority vote of the City Council members present will govern and conclusively determine the question of order.  Call to Order. The meetings of the City Council will be called to order by the Mayor.  Preservation of Order. All questions and remarks are to be addressed to the Mayor, or through the Mayor to the appropriate Council member, City staff, member of the public, or other appropriate person.  Right of Floor: o Any Council member or City staff desiring to speak, including asking a question of City staff or other person present, is to address the Mayor and, upon recognition, are to confine their comments to business under consideration. DRAFT 9 o Once recognized by the Mayor, the person speaking is not to be interrupted 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 comments or questions from another Council member. o Any person called to order while speaking must cease speaking immediately until the question of order is determined. If ruled to be in order, the speaker is permitted to continue. If ruled to be not in order, the person is to remain silent or alter their remarks to comply with the rules of the City Council. − Any Council member may move to require the Mayor to enforce the rules, and the affirmative vote of a majority of the Council members present is to require the mayor to so act. − Any Council member may address the City Council on a question of personal privilege if their integrity, character, or motives has been assailed, questioned, or impugned. − No Council member should normally speak more than once upon any one subject until every other member choosing to speak on the topic has spoken. − Any Council member has the right to express dissent from or protest any action of the City Council and have the reason entered in the meeting minutes. If a Council member desires to have their dissent or protest entered into 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:”  Motions: o Motions on agenda items are to be made in the affirmative. o When a motion is made and seconded, it will be restated by the Mayor before debate. A motion so stated cannot be withdrawn by the mover without the consent of the Council member seconding it. o If the question contains two or more dividable propositions, the Mayor may, and upon request of a Council member, divide the question into two actions. DRAFT 10 o When a motion has been made and seconded, no other motion is to be entertained except the following, which have precedence in the following order: − Fix hour of adjournment − Adjourn − Table − Limit or terminate discussion − Amend o A motion is not debatable and precludes all amendments or debate of the subject under consideration. If the motion to table prevails, the matter is to “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 is not to be rescheduled without at least majority approval of the City Council by approval of the meeting agenda, or to a certain date. o A motion to terminate discussion, or to “call the question” is used to limit or close debate on, or further amendment to, the main motion and is not debatable. A two- thirds vote of the Council members present is required for to end debate. If the motion to terminate discussion fails, debate is reopened; if the motion to terminate passes, a vote will be taken on the main motion. o A motion to amend is debatable only as to the proposed amendment. A motion to amend an amendment will in order, but a motion to amend an amendment to an amendment relating to a different matter is not order. A substitute motion on the same subject is acceptable and voted on before a vote on the amendment. Amendments are to be voted first, then the main motion as amended.  Voting : o On every motion, the vote is to be taken and entered upon the record. o Roll call vote: − A roll call vote may be called for by any Council member. − The order of roll call voting is to be rotated for each motion. − The City Clerk will call the names of the Council members present when a roll call vote is ordered. o Council members are to vote by responding “Aye”, “Nay”, or “Abstain”. o If any Council member present does not vote, the vote for that item as recorded in the minutes is to indicate that Council member’s name, followed by “present, not voting.” DRAFT 11  Conflict of Interest. Any Council member whose private or personal interests are involved in a matter coming before the City Council is to 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 resident, or to leave the Council Chambers during debate and voting on the issue.  Tie Votes. Tie votes are deemed failed motions, when all City Council members are present. If a tie vote results at a time when less than all members of the City Council are present, the matter is to automatically be continued to the agenda of the next regular meetin g of the City Council, unless otherwise voted by a majority of the Council members present.  Required Number of Votes. Any motion that fails to achieve the required number of votes for passage is deemed to be denied. The Council members voting in opposition are to have the opportunity to state their reasons for the record.  Reconsideration: o Any Council member that voted with the prevailing side of a vote may move a reconsideration of any action at the same meeting, or the first subsequent meeting when all members of the City Council is present. o A motion to reconsider a contract, however, can only be made at the same meeting at which it is approved. o A motion for reconsideration of any other action requires 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 may be made without unanimous consent of the full City Council. o When an application or request has been denied by the City Council and is resubmitted to the City Council at any time within 12 months following the City Council’s action, it is be deemed a reconsideration, is to be presented only to all members of the City Council, and is be subject to the voting requirements of the preceding section.  Remote Participation: o Except as allowed by Statutes, Council members must attend City Council meetings in person to participate in the conduct of business, including discussion, motions, and voting. o Not more than two Council members may attend work sessions or subcommittee meetings by video or audio conference where no action will be taken on business matters. o Persons appearing before the City Council for business items scheduled for consideration at a regular City Council meeting are encouraged to attend in person, but may appear through video or audio conference with prior approval of the City Administrator. DRAFT 12 o Attendance by persons appearing before the City Council at special meetings, emergency meetings, or work sessions may occur in person or through video or audio conference as may be approved by the City Administrator. o Members of the public wishing to address the City Council at regular meetings as part of public comments or regarding an agenda item must do so in person and in accordance with these rules.  Decorum: o Speakers are to accord the utmost courtesy toward Council members, to City staff, and to persons appearing before the City Council. Speakers are to refrain at all times from rude and derogatory remarks, reflections about integrity, abusive comments, and statements regarding motives and personalities. o The use of obscene, profane, or threatening language or threatening, loud, or boisterous conduct that disrupts the meeting or the security of the public is prohibited. o Any person who does not abide by the rules of order or decorum established by these rules, including but not limited to making inappropriate remarks, becomes boisterous while addressing the City Council, or disruptive to the conduct of the meeting from the audience, may be subject to the following: − Be asked by the Mayor to stop such behavior; − If the person does not follow the direction of the Mayor, the Mayor may ask the person to leave the meeting room; − If the person continues to disregard the direction of the Mayor, the Mayor may ask that the person be removed from the meeting room by any lawful means; − The person may be barred from further audience with the City Council by the Mayor; − In emergency situations, or when conduct is an egregious threat to the safety of the public or the City Council, a warning is not necessary before the Mayor may direct a person to be removed from the meeting room. City Council Appointments The City Council may regularly, or from time-to -time as necessary, appoint Council members to serve in official positions, on City Council subcommittees, or as liaisons to City Council advisory commissions, other governmental jurisdictions or organizations, or to represent the City in an official capacity.  Standing Appointments. The following are standing appointments to be proposed by the Mayor at the first regular City Council meeting each year and approved by majority vote of the Council members present: o One Council member to serve as Acting Mayor DRAFT 13 o Two Council members constituted as the Administrative Subcommittee o Two Council members constituted as the Public Works Subcommittee o One Council member and one alternate Council member as a liaison to the following Advisory Commissions: − Heritage Preservation Commission − Parks and Recreation Commission − Planning Commission − Public Safey Commission  Additional Appointments. Other City Council subcommittees or City Council liaisons may be proposed by any Council member at a regular meeting with appointment by majority vote of the Council members present. City Council Vacancy A vacancy in the City Council may occur as a result of death, resignation, relocation of residence outside of the City, or in other very limited circumstances according to Statute. Statutes address the process by which the City Council vacancy is to be filled either by appointment or election. The following procedures are intended as guidance to the City Council should a vacancy occur.  Declaring a Vacancy. At the next regular City Council meeting after a vacancy occurs, the City Council is to consider adoption of a resolution declaring a vacancy by majority vote of the Council members present.  Appointment: o If the vacancy occurs on or after the first day to file as a candidate for the next regular City election or if less than two years remain in the unexpired term, the City is not required to hold a special election, and the appointed person can serve out the remainder of the unexpired term. Statute allows any qualified person to be appointed and does not require that the City Council appoint any candidate not elected in a prior election to the vacant position. o It is the intent of the City Council, but not binding upon any action of the City Council allowed by Statue, that an appointment to fill a vacancy be made only when a special election is not required by Statute. o Upon declaring a vacancy the City Council, by majority vote of its members, may direct the City Clerk to advertise notice of the vacancy and requesting applications for appointment to the City Council. The notice of vacancy is to be posted at a minimum on the City website, published in the official newspaper, but also using other forms of media DRAFT 14 or communication as may be available that the City Clerk determines to be appropriate. The notice of vacancy is to include a deadline for submission of applications. o Persons interested in applying for appointment to the City Council vacancy are to submit an official application form as provided for by the City Clerk and to provide all requested information not more than 30 days after the City Council declared a vacancy, unless another submission deadline is established by the City Council. o The City Council will not consider an appointment of a Council member to the vacant position until the next regular Council meeting after the close of the application deadline. The City Council may, at its discretion, determine a need to schedule a special meeting(s) of the City Council to interview applicants for appointment to the City Council prior consideration of an appointment. o Appointment of a person to the vacant City Council position is to be by majority vote of the Council members present. In the case of a tie vote, the Mayor has the authority by Statute to appoint any person qualified in accordance with Statute to the vacant position at their sole discretion. o The person appointed to the City Council will serve the remainder of the unexpired term.  Special Election: o If a City Council vacancy occurs before the first day to file as a candidate for the next regular City election and more than two years remain in the unexpired term, the City is required by Statute to hold a special election to fill the City Council vacancy. o Unless otherwise directed by the City Council by a majority vote of the Council members that a special election to occur before the next regular City election, the special election is to be scheduled to occur at the next regular City election. o The person elected to the City Council in the special election will serve the remainder of the unexpired term. Amendment or Suspension of Rules The rules and procedures adopted by the City Council through this policy are subject to amendment or suspension at any time at the discretion of the City Council through their Statutory powers.  Rules. These rules are designed specifically for the City Council and were drafted to be an appropriate level of regulation and formality typically seen in Minnesota cities. Robert’s Rules of Order is not assumed to apply or to supplement these regulations. Where a situation arises that is not addressed by these rules, the intent of these rules, as expressed in the preamble, should be effectuated by the Mayor, in consultation with the City Attorney. DRAFT 15  Amendment. These rules may be amended, or new rules may be adopted, by resolution with two - thirds vote of all Council members present at a regular meeting.  Suspension. Any provision of these rules not governed by the City Code may be temporarily suspended by a two-thirds vote of the City members present at a regular meeting.  Roll Call Vote. The vote on any amendment or suspension of the rules will be taken by roll call and entered in the minutes. DRAFT