CHAPTER 3
PROCEDURES

ARTICLE 3
COUNCIL PROCEDURE

Section 3-3-1. Purpose. To establish by ordinance certain procedures consistent with the City Charter.

[Source: Ord. 392, 1975]

Section 3-3-2. Rules. City Council shall establish rules and procedure separate and apart from City Charter and this ordinance which shall set forth guidelines for orderly meetings, which guidelines may include provisions of the City Charter in addition to any other provisions Council deems necessary, not inconsistent with Charter or ordinance provisions.

[Source: Ord. 392, 1975]

Section 3-3-3. Meetings.

(a)

Regular Meetings - The City Council shall meet in regular council sessions for business at least twice each month at a day and hour to be fixed by rules of Council. The Council shall determine the rules of procedure governing meetings. The first meeting following certification of election results for the each general municipal election shall be the organizational meeting of the Council and the Council may also consider any other business at the organizational meeting.

(b)

Special Meetings - Special meetings shall be called by the City Clerk on the written request of the Mayor or of any two members of the Council, or the City Manager, on at least 24 hours written notice to each member of Council, served personally or left at his usual place of residence, or by any means determined by the Council to provide adequate notice.

(1)

A special meeting, however, may be held on shorter notice if a quorum of the Council consents.

(2)

No business shall be transacted at any special meeting of the Council unless it has been stated in the notice of such meeting. Any other business which may lawfully come before a regular meeting other than that for which a special meeting was called may be transacted at a special meeting if all the members of Council who are present, consent.

(c)

Quorum - adjournment of meeting - A majority of the members of the council in office at the time shall be a quorum for the transaction of business at all Council meetings, but in the absence of a quorum those present may adjourn any meeting to a later time or date and in the absence of all members, the City Clerk may adjourn any meeting for not longer than one week.

(d)

Meetings to be public - All regular and special meetings of the Council shall be open to the public and citizens shall have a reasonable opportunity to be heard under such rules and regulations as the Council may prescribe provided, however, that Council may meet in executive session for the following purposes:

(1)

Personnel matters.

(2)

Review of applications for any appointive position; interviews and appointments shall be conducted at an open meeting.

(3)

Claims against the City whether in litigation or otherwise.

(4)

Legal consultation and advice.

(5)

Litigation.

(6)

Deliberation and or review of any matters heard by the Council in a quasi-judicial capacity.

(7)

Negotiations concerning the purchase, sale, lease or other acquisition of real or personal property or interests therein or concerning any contracts, except those required to be the subject of competitive bidding. No formal action shall be taken in any executive meeting of the City Council.

(e)

Council acts - The City Council shall act only by ordinance, resolution or motion. All legislative enactments shall be in the form of ordinances. All other actions, except as herein provided, may be in the form of resolutions or motions. A true copy of every resolution hereafter adopted shall be numbered and recorded in the official records of the City.

(f)

Voting - The vote by "yes" or "no" shall be taken upon the passage of all ordinances and resolutions and entered upon the minutes of the Council meetings. Every ordinance shall require the affirmative vote of the majority of the entire City Council for final passage. Resolutions and motions shall require the affirmative vote of a majority of the members present. No member of the Council shall vote on any question in which he has a substantial personal or financial interest other than the common public interest or on any question concerning his own conduct, and in those instances the member shall disclose this interest to the Council. On all other questions each member, who is present, shall vote when his name is called. Any member refusing to vote, except when not so required by this paragraph, shall be deemed delinquent in his duties.

[Source: Ord. 392, 1975; 1559, 2010; 1633, 2012; 1721, 2016]

Section 3-3-4. Planning Commission Recommendations.

(a)

The Council, before taking final action, shall receive the recommendations of the Planning Commission concerning the general location, character and extent of:

(1)

Streets, highways, boulevards, parkways, viaducts, subways, bridges and other public ways.

(2)

Parks, squares, playgrounds, public grounds, public buildings and open spaces.

(3)

Terminals for transportation.

(4)

Removal, relocation, widening, narrowing, vacating, abandonment, change of use or extension of any of the foregoing.

(b)

The Council, before taking final action, shall receive the recommendations of the Planning Commission concerning:

(1)

The master plan of the City, and all amendments and additions thereto.

(2)

Changes of zoning of any property.

(3)

Changes in the zoning regulations of the City affecting the use of land or buildings.

(4)

The master street plan of the City, and all amendments and additions thereto.

(5)

Land use regulations, including changes of zoning, regulations of density of population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes.

(c)

The Council, before taking final action on any matter of subdivision platting or regulation, shall receive the recommendations of the Planning Commission, including:

(1)

Approval or disapproval of the plat, with or without conditions.

(2)

Agreements with subdividers.

(3)

Adoptions or amendment of subdivision regulations.

(4)

Streets in new subdivisions.

(5)

Open spaces in new subdivisions for traffic, utilities, access of fire-fighting apparatus, recreation, light and air.

(6)

Minimum area and width of lots.

(7)

Reservations for future streets.

(8)

Any related matters for which Council approval is required by ordinance or by Charter.

(d)

Except as otherwise required by ordinance or by Charter, the Council may determine and provide the form in which the recommendations of the Planning Commission are to be received by the Council.

(e)

Whenever it shall appear that an ordinance proposed to be enacted by the Council effects a substantive change in the regulations applicable to the use of land and buildings in any zone district, the Council shall refer such ordinance bill to the Planning Commission for recommendations thereon.

(f)

The provisions of this section are procedural and directory, and nothing herein contained shall be deemed or construed to create or affect any substantive right, duty or obligation provided by ordinance or by Charter. No omission, error or failure of compliance with the provisions of this section shall affect the validity of any act or decision of the Council or the Planning Commission.

[Source: Ord. 392, 1975]