Chapter 2.09
CITY COUNCIL MEETINGS
Sections:
2.09.040 Emergency meetings—Waivers of notice.
2.09.070 Mayor designated presiding officer.
2.09.100 Addressing the council by the public.
2.09.130 Motions—Second required.
2.09.140 Motions—Disposition—Withdrawal.
2.09.150 Motions—Rescinding vote.
2.09.010 Regular meetings.
A. All regular meetings of the council shall be held on the first Thursday of each month at seven p.m. Regular meetings during budget time will be scheduled on the first and third Thursdays during June in order to adopt the budget in a timely manner.
B. The usual place of council meetings shall be at the offices of the city at the City Hall David B. Carlson Chambers; provided, however, that in the event of any condition which renders the meeting room unfit to conduct any regular meeting of the council, the meeting may be moved to another facility suited to the public.
C. All regular meetings of the council shall be public, and the public shall have reasonable opportunity to be heard. (Ord. 77-6 § 2 (part), 1977; Ord. 84-8, 1984; Ord. 86-8 § 1, 1986; Ord. 94-15 § 1, 1994; Ord. 95-11 § 1, 1995; Ord. 14-02 § 2, 2014.)
2.09.020 Special meetings.
A. Special meetings of the council are those meetings which are called by the mayor or any two members of the council for a time different than that fixed for the regular council meetings. The location of all special council meetings shall be the same as that authorized for regular meetings.
B. Advance oral or written notice of at least twenty-four hours preceding a special meeting shall be given each council member. The notice shall specify the time, place and subject matter of the meeting. No business shall be transacted at the meeting that is not mentioned in the notice. Notice shall be served personally on each member of the council or left at the member’s usual place of business or residence by the city clerk or the clerk’s designee. The notice provisions of Section 2.08.020 also apply.
C. All special meetings of the council shall be public, and the public shall have a reasonable opportunity to be heard. (Ord. 77-6 § 2 (part), 1977; Ord. 84-8, 1984; Ord. 86-8 § 1, 1986.)
2.09.030 Location change.
Notwithstanding the provisions of Sections 2.09.010 and 2.09.020, if after having been lawfully assembled in a location properly designated, council determines that a condition exists which renders the location unsuitable, it may recess the meeting and reconvene at a more suitable location. The location to which the meeting shall be reconvened shall be made public prior to recess and suitable notices posted at the place originally designated by the clerk. (Ord. 77-6 § 2 (part), 1977; Ord. 84-8, 1984; Ord. 86-8 § 1, 1986.)
2.09.040 Emergency meetings—Waivers of notice.
Any emergency meeting called on less than twenty-four hours oral or written notice shall be a legal meeting if all council members are present, or if there is a quorum present and all absent members have waived in writing the required notice. Waivers may be made before or after the time of the meeting, and any waivers shall be made a part of the meeting record. If council members are absent and waivers from all have not been obtained in advance of the meeting, then the quorum present may, based on the nature of the emergency, determine at the meeting whether reasonable efforts to notice were made. An affirmative vote of all members present, or the affirmative vote of a quorum of the council, whichever is less, is required to declare a public emergency. Public notice that is reasonable under the circumstances shall be given. (Ord. 77-6 § 2 (part), 1977; Ord. 84-8, 1984; Ord. 86-8 § 1, 1986.)
2.09.050 Executive sessions.
A. The following subjects may be discussed in an executive session, from which the public is excluded:
1. Matters the immediate knowledge of which would clearly have an adverse effect upon the finances of the government unit;
2. Subjects that tend to prejudice the reputation and character of any person, provided the person may request a public discussion;
3. Matters which by law are required to be confidential.
B. The following shall be discussed in executive session when the best interests of the city so require:
1. Negotiations with labor organizations representing city employees;
2. Discussions of pending or threatened lawsuits in which the city has an interest.
C. If excepted subjects are to be discussed, the council may go into a closed or executive session by a vote of four members taken at a public meeting, at which session only those subjects shall be considered as mentioned in the motion for the executive session, and no ordinance, resolution or order shall be passed or voted upon or claim allowed at such session. (Ord. 77-6 § 2 (part), 1977; Ord. 84-8, 1984; Ord. 86-8 § 1, 1986.)
2.09.060 Absences.
No member shall be absent from any meeting of the council except for good and sufficient reason. (Ord. 77-6 § 2 (part), 1977; Ord. 84-8, 1984; Ord. 86-8 § 1, 1986.)
2.09.070 Mayor designated presiding officer.
A. The mayor shall preside at all meetings of the council. The mayor shall preserve order and decorum among the council members and is responsible for conduct of all meetings in compliance with the rules of the council. The mayor may at any time make rules as he or she deems proper to preserve order among the spectators in the city council chamber during sessions of the council.
The mayor may speak to points of order in preference to other members, and shall decide all points of order, subject to appeal to the council by motion duly seconded as provided in this chapter. The mayor may at any time call any member to the chair during any meeting, this substitution to discontinue when the mayor elects to resume the chair, and in no event beyond adjournment of the meeting at which a substitution is made.
B. In the temporary absence or disability of the mayor, any member of the city council may call the council to order at any duly called meeting to elect a president pro tempore from among its numbers. The president pro tempore shall exercise all the powers of the chair during temporary absences or disabilities of the mayor and may also vote. (Ord. 77-6 § 2 (part), 1977; Ord. 84-8, 1984; Ord. 86-8 § 1, 1986.)
2.09.080 Order of business.
A. The order of business for the regular meetings of the city council shall be as follows:
1. Call to order;
2. Roll call;
3. Pledge of allegiance;
4. Approval of minutes;
5. Approval of consent calendar and regular agenda;
6. Staff reports:
a. Strategic plan report,
b. City manager and staff reports,
c. Standing committee reports;
7. Public hearings;
8. Citizens’ comments (prior notice or agenda items);
9. Ordinances and resolutions;
10. Unfinished business;
11. New business;
12. Citizens’ comments (open to public);
13. Council discussion;
14. Mayor’s discussion;
15. Adjournment.
B. Consent Calendar. Those items on the council agenda which are considered routine by the city manager and the city clerk shall be listed under that portion of the agenda entitled “consent calendar.” Unless the mayor or a council member specifically requests that an item on the consent agenda be considered under the regular meeting agenda, and thus removed from the consent calendar and considered separately on the regular agenda, these items so designated shall be approved, adopted, accepted, etc., by motion of the council and roll call vote under “4. Approval of consent calendar and regular agenda.” Those items approved under the consent calendar shall appear in the council minutes as if acted upon individually.
C. All reports, ordinances, resolutions, contracts, documents or other matters to be submitted to the council at the regular meeting shall be submitted to the city clerk not later than three p.m. on the Thursday preceding the Thursday meeting. The city clerk shall prepare the agenda for all of these matters according to the order of business, numbering each item consecutively. A complete copy of the agenda shall be mailed or delivered to each council member so as to reach the recipient not later than seven p.m. on the Friday preceding the council meeting, barring extenuating circumstances such as holidays, the city manager or city clerk being ill or out of town. In such cases the packets will be delivered as soon as possible. The agenda shall be available to the public in the office of the city clerk at nine a.m. on the day of the council meeting, and in the council chambers during each meeting.
D. No matters other than those on the agenda or consent calendar shall be finally acted upon by the city council, except that emergency matters or matters of an urgent need presented by the mayor or any council member or the city manager, with any explanation of the emergency or urgency stated in open council meeting may, with the consent of the council majority present, be considered and acted upon by the council; provided, that the requirements of Sections 2.09.040 and 2.12.060 are met. (Ord. 77-6 § 2 (part), 1977; Ord. 84-8, 1984; Ord. 86-8, 1986; Ord. 88-12, § 1, 1988; Ord. 98-11 § 1, 1998; Ord. 99-13 § 1, 1999; Ord. 04-03 § 1, 2004; Ord. 21-10 § 2, 2022; Ord. 23-01 § 2, 2023.)
2.09.090 Rules of debate.
A. Robert’s Rules of Order. Robert’s Rule of Order shall be used as the authority on all questions of parliamentary law. These rules may be amended or altered or new rules adopted by the vote of council at any meeting of council.
B. Presiding Officer May Debate. The presiding officer may debate from the chair, subject only to limitations of debate imposed on council members by these rules.
C. Getting the floor; improper references to be avoided. Every council member desiring to speak shall address the chair, and upon recognition by the presiding officer, shall confine himself or herself to the question under debate avoiding all improper language and references to personalities.
D. Interruptions. A council member, once recognized, shall not be interrupted in speaking unless it be to call the council member to order or as provided elsewhere in this code. If a council member is called to order, the council member shall cease speaking until the question of order is determined. If the council member is found to be in order, he or she shall be permitted to proceed. (Ord. 84-8, 1984; 86-8 § 1, 1986.)
2.09.100 Addressing the council by the public.
A. Generally. The following process shall be utilized as a means to adequately address public concerns in a timely manner:
1. When a council member is approached by a person with a concern, the council member should ask the person if they have spoken to the department head or city manager. If not, they should be asked to do so stating that if you don’t get satisfaction at that level then ask the mayor to place it on the agenda.
2. The mayor should decide whether or not the issue should be on the agenda, and direct the city manager to present written materials on the issue for the next meeting. The mayor always has the option of meeting with the individual and the city manager prior to the meeting to aid in finding a resolution.
3. The city council then has clear correspondence on the issues from the person with the concern (if possible), the city manager and possibly the mayor prior to the meeting.
4. If the person refuses to meet with the city manager and still wants to address the council they should be asked to place in writing what the problem is so that staff can prepare for the meeting. If the person refuses to put their concerns in writing, they will have the opportunity to address the council on any subject during the second citizens discussion.
B. Public Hearings. Taxpayers or residents of the city or their authorized legal representatives may address the council in regard to matters under discussion.
C. Citizens’ Discussion. Taxpayers or residents of the city or their authorized representatives may address the council by oral communication on any matters concerning the council’s approved agenda; the speaker will be allowed three minutes. The chair shall have the authority to waive this formality at his/her discretion.
D. Spokesman for Group of Persons. When any group of persons wishes to address the council on the same subject matter, it shall be proper for the presiding officer to request that a spokesman be chosen by the group to address the council, and in that case, if additional members of the same group are to be presented at that time, to limit the number of persons so addressing the council so as to avoid repetition before the council. (Ord. 84-8, 1984; Ord. 86-8 § 1, 1986; Ord. 96-17 § 1, 1996; Ord. 99-03 § 1, 1999.)
2.09.110 Decorum.
A. By Council Members. When the council is in session, the council members must preserve order and decorum and no council member shall, by conversation or otherwise, neither delay nor interrupt the proceedings or the peace of the council, nor disturb any council member while speaking, nor refuse to obey the orders of the council or the person presiding.
B. By Other Persons. Any person making personal, impertinent or slanderous remarks, or who shall become boisterous while addressing the council, shall be barred from further audience at the meeting before the council by the presiding officer, unless permission to continue is granted by a majority vote of the council.
C. Enforcement. The chief of police or his designee shall be ex officio sergeant-at-arms of the council but need not be present at each meeting unless requested. Any police officer shall carry out all orders and instructions given him or her by the presiding officer for the purpose of maintaining order and decorum in the council chambers. Any person in the audience who uses loud, boisterous or profane language at a council meeting, or language tending to bring the council or any council member into contempt, or any person who persistently interrupts the proceedings of the council or refuses to keep quiet or take a seat when ordered to do so by the presiding officer, shall be deemed guilty of a misdemeanor. Upon instruction from the presiding officer, it shall be the duty of any police officer present to eject the person from the council chambers, or place him or her under arrest, or both. (Ord. 84-8, 1984; Ord. 86-8 § 1, 1986.)
2.09.120 Minutes.
A. Minutes of all meetings shall be taken and kept in the journal of the proceedings of the council which shall be open for public inspection. All minutes of the council shall be distributed by the city clerk to the public desiring same. One copy of the minutes shall be given free of charge to any person requesting it in person or by mail. Extra copies requested in person or by mail are available at fifty cents per copy, and subscriptions available by mail at the rate of twenty dollars per year.
B. Unless a reading of the minutes of a council meeting, regular or special, is requested by a member of the council, minutes may be approved without a reading if the clerk has previously furnished each member with a copy.
C. A council member may request, through the mayor, the privilege of having a verbatim record of his/her statement on any subject under consideration by the council, either at a regular or special meeting, entered in the minutes. Unless a majority of the council members present object to this request, it shall be entered in the minutes. (Ord. 77-6 § 2 (part), 1977; Ord. 84-8, 1984; Ord. 86-8 § 1, 1986.)
2.09.130 Motions—Second required.
All motions shall require a second, unless otherwise provided by special rule. (Ord. 77-6 § 2 (part), 1977; Ord. 84-8, 1984; Ord. 86-8 § 1, 1986.)
2.09.140 Motions—Disposition—Withdrawal.
After a motion is stated or read by the presiding officer, it shall be deemed to be in the possession of the council and shall be disposed of by vote, but the mover may withdraw it at any time before decision or amendment, with consent of the second. (Ord. 77-6 § 2 (part), 1977; Ord. 84-8, 1984; Ord. 86-8 § 1, 1986.)
2.09.150 Motions—Rescinding vote.
Any previous vote may be rescinded by vote of the majority of the council at any time, provided the subject has not passed out of the control of the council. (Ord. 77-6 § 2 (part), 1977; Ord. 86-8 § 1, 1986.)
2.09.160 Voting.
A. The vote upon all matters considered by the council shall be taken by the presiding officer by “yes” or “no” votes, which shall be entered upon the record; except that when the vote is unanimous, it shall be necessary only to so state. The final vote on each ordinance, resolution or substantive motion is a recorded roll call vote.
B. Every member who is present when a question is put shall vote unless disqualified pursuant to this code or unless excused by the presiding officer and council for special reason. Applications to be excused must be made before the vote, and shall be decided upon without debate or in accordance with Section 2.03.020.
C. The mayor is not a council member and may vote only in the case of a tie.
D. Four affirmative votes are required for the passage of an ordinance, resolution or motion. (Ord. 77-6 § 2 (part), 1977; Ord. 84-8, 1984; Ord. 86-8 § 1, 1986.)
2.09.170 Quorum.
Four council members constitute a quorum. A member disqualified by law from voting on a question may be considered present for purposes of constituting a quorum. (Ord. 77-6 § 2 (part), 1977; Ord. 84-8, 1984; Ord. 86-8 § 1, 1986.)
2.09.180 Veto.
The mayor may veto any ordinance, resolution, motion or other action of the council and may, by veto, strike or reduce items in appropriation ordinances except for school budget items. The mayor shall submit to the council at its next regular meeting a written statement advising of his or her veto and giving his or her reasons. A veto is overridden by the vote of two-thirds of the authorized membership of the council and must be exercised within twenty-one days following exercise of the veto, or at the next regular meeting, whichever is later. (Ord. 77-6 § 2 (part), 1977; Ord. 84-8, 1984; Ord. 86-8 § 1, 1986.)