HomeMy Public PortalAbout20030430 RULES work sessionCOUNCIL WORK SESSION APRIL 30, 2003
CALL TO ORDER
1
The Council Work Session of April 30, 2003, was convened at 8:06 a.m. by Mayor John
Landwehr,
ATTENDANCE
The following Council Members were present:
Present: Angle, Ferguson, Klindt, Olsen, and Vogel
Absent: Berry, Groner, Smith, Viessman, and Weber
There was not a quorum of the Council present.
There were also members of the media and city staff present.
DISCUSSION OF COUNCIL RULES
Councilman Cliff Olsen called the meeting to order at 8:07 A.M. He asked City Counselor
Allen Garner to give a brief status report on the annexation court case which was heard on
April 29. Mr. Garner gave a report, and stated that Judge Kinder has scheduled another
meeting with the parties for Monday, May 5 at 9:30 AM, and it is possible that the Judge will
hand down his decision at that time. Mr. Garner left the meeting following his report.
Mayor John Landwehr stated that he was the person who had called this meeting for the
purpose of reviewing the Council rules and he suggested that the Council also look through
the Charter. He indicated that if there is an ordinance on the city's books, or in the Charter,
he intends to follow it. If the Council does not want certain rules followed, or want them
changed, they need to look at those and bring those changes in the form of an ordinance
for a vote of the Council. Mayor Landwehr stated that he and Councilman Cliff Olsen had
previously met and gone through the current ordinances and that he would ask Councilman
Olsen to assume the chair and go over their suggestions with the other Council members
since he has a previous commitment and will have to leave the meeting.
Mayor Landwehr stated that one issue which he has considered is the suggestion recently
made about requiring citizens who make presentations from the gallery to submit their
presentation in writing several days in advance of the meeting. He felt the Council should
be very careful about restricting citizen access to the Council. He stated that the Mayor and
Council are elected by the citizens, and if they wish to make a presentation of any kind at
the Council meeting, for any reason, they should not be prohibited from doing so. He stated
that he has amended the format of the agenda which may help address some of the Council
COUNCIL WORK SESSION APRIL 30, 2003 2
Members' concerns in this area. The citizens will be allowed to make presentations, and
Council Members may ask questions only before the citizen leaves the podium. Following
all citizen presentations, the next category on the agenda will allow for Council comments
in response to presentations from the gallery.
Mayor Landwehr left the meeting approximately 8:30 a.m.
Councilman Cliff Olsen assumed the chair at this point. He stated after today's session, if
any Council Member has any further input, they can fax or email their input, a rough draft
will be drawn up and forwarded to the Council for further review. He stated that Councilmen
Weber and Smith could not attend the meeting, but they had submitted his suggestions and
they would be incorporated in today's discussion.
RULES AND REGULATIONS BOOK
The Council went through the "Council Rules of Order and Procedure" book, January 2000
printing, and discussed the following changes:
Page 1:
Attendance Required: Councilman Bob Weber has suggested amending this section by
defining what an excused absence is. Following discussion, the consensus was that since
there have been no abuses of this section, it would be better to leave it as it currently reads.
If a Council Members knows he or she will be unable to attend a Council Meeting or
meeting of any of the committees, they have simply notified the City Clerk or City
Administrator who then relays that information to the Council. The Council agreed that this
system seems to be working well.
Page 2:
Citizens' Participation: Councilman David E. Smith has suggested that the City address the
issue of presentations to the Council like other entities do, i.e., the Corps of Engineers, by
requiring written outlines of the presentation beforehand so the Council can prepare their
responses. Councilman Clyde Angle stated he had requested that the City Clerk obtain
information from the School Board to see how they handle the issue. That information was
distributed. He stated that it seemed to be a bit more restrictive than he felt the City Council
should be, since it required a five -day advance notice in writing, and then approved by two
persons whether the presentation will appear on the agenda or not. Following a lengthy
discussion, it was suggested that at the least, a citizen should contact the City Clerk with
their request to make a presentation by no later than 5:45 PM prior to the 6:00 Council
Meeting. The issue of resident vs. non - resident presentations was discussed. Councilman
Angle was suggested that all residents should be allowed to speak first, regardless of the
order they requested their presentation. Then all non - residents could make their
presentations. The paragraph will be amended to suggest that change to the Council.
COUNCIL WORK SESSION APRIL 30, 2003 3
Committee on Solid Waste: Councilman Cliff Olsen stated that all references to "Committee
on Solid Waste" throughout the rules be corrected to reflect the changed name of this
committee to "Committee on Environmental Services."
Committees: Councilman Cliff Olsen suggested that the sections pertaining to the
Committee on Appointment Review and Committee on Environmental Services state that
the Senior Council Member from each ward shall be given their choice of which of those two
committees they wish to serve on, and the junior member will then serve on the other
committee. Councilman Olsen suggested that language should be added stating that the
city should try to fill all committees evenly from all wards if we have applications to do so.
Page 3:
Special committees: Councilman Cliff Olsen stated that Councilman Bob Weber has
suggested the following amendments:
All special committees comprised of members of the council, or citizens at large, approved by a
majority of the council, shall be appointed by the Mayor Pro Tcmporc who, when appointing a
committee, shall designate the total number of members to serve on each committee. Each special
committee shall select a chairman and vice - chairman. The vice - chairman shall preside at all
committee meetings in the absence of the chairman.
Councilman Vogel agreed that the "Mayor Pro Tempore" should not make such
appointments, and she requested that the City Counselor issue a legal opinion on whether
these appointments can be made by a "Mayor Pro Tempore" when, in her belief, the
Charter states all such appointments shall only be made by the Mayor. Councilman Olsen
stated that he has been told by former Council Members that the Mayor Pro Tempore has
always made appointments to special committees. Councilman Vogel stated she would like
the City Counselor's opinion also include the history of such appointments made by the
Mayor Pro Tempore since she cannot find any reference to a Mayor Pro Tempore anywhere
in the Charter, but rather a President Pro Tempore. No amendments were agreed to at this
time.
Councilman Olsen stated that Mayor John Landwehr has indicated he would like to see all
council bills to go through council special committees first before coming to the Council for
approval. He stated that some of the committees Mayor Landwehr has suggested would
include Prison Redevelopment, Convention Center, Rules and Ordinance, Governmental
Relations, Annexation, Economic Development, and Public Safety.
Page 4:
E. Committee Hearings: Councilman Olsen stated that he and Mayor John Landwehr agree
that all bills will be generally first go through a committee before they go before the Council
for approval. Councilman Edith Vogel stated she would like to verify that Mayor Landwehr
has agreed with that concept.
COUNCIL WORK SESSION APRIL 30, 2003 4
Page 5:
Duty to be recognized before proceeding to speak: The following changes were discussed:
When a member wishes to speak, the member shall risc but shall not proceed with any remarks until
recognized and named by the chair. Oncc rccognizcd, the mcmbcr may spcak from cithcr a stan ding
or sitting position.
Two (2) or more members seeking recognition at once: The following changes were
suggested:
When two (2) or more members seek recognition at the same time, the presiding officer shall name
the person who is to speak first, the other member, or members, having preference next to speak.
Once the member knows that he has acknowledgment from the chair, the member may scatcd and
then —wait to be called. The primary sponsor of the bill will be the first recognized for discussion.
Calling members to order; appeals: The following changes were suggested.
A member of the council called to order shall immediately comply sit down, unless permitted to
explain. If there is no appeal, the decision of the chair shall be conclusive, but if a member appeals
to the council from the decision of the chair, the council shall decide the question without debate.
All members present when question stated to vote; exceptions: The following changes were
discussed.
Every member who shall be present when a question is stated by the chair shall vote thereon, unless
excused by the council, or unless the member is directly or particularly interested in, or whose
participation in discussion or vote could raise the appearance of impropriety, the question in
which case the member shall not vote.
Following a lengthy discussion, Councilman Clyde Angle requested that the City Counselor
provide the Council with the difference between a "conflict of interest" and an "appearance
of impropriety" so Council Members will know when they should abstain.
Page 6
Withdrawal of motion or resolution: The following amendment was suggested:
After a motion or resolution is stated by the presiding officer or read by the clerk, it shall be deemed
to be in possession of the council, but may be withdrawn by the primary sponsor at any time before
a decision or amendment. After such decision or amendment, such motion or resolution may be
withdrawn only by consent of the council.
Page 9
Councilman Cliff Olsen stated that Mayor John Landwehr has added a new category to the
COUNCIL WORK SESSION APRIL 30, 2003 5
agenda immediately following the Consent Agenda entitled "Consent Matters Referred for
Individual Consideration." Council Members who want to pull something off the Consent
Agenda may do so by referring the item(s) to that category for discussion or separate
consideration.
Page 12
Mayor's veto; overriding veto: It was suggested that a sentence be added stating, "The
clerk shall notify the Council of any bills not signed." No specific direction was given
at this point regarding where that sentence should be added.
CHARTER
The Council discussed the following portions of the City Charter to recommend changes.
It was suggested that if Council Members plan to place items on the City Council agenda
under "New Business" that they advise the affected Department Director in advance so they
can be prepared to address the topic appropriately.
Section 3.5. Prohibitions, paragraph (c): A Council Member can make inquiries or talk to
staff of citizen complaints if the staff member is a division director or above, instead of rank
and file employees.
There being no further business to come before the Council at this time, the meeting was
adjourned at 9:40 AM