2.04 – City Council

The members of the City Council shall be elected and serve for a four-year term.  The term of the members of the City Council shall commence after the conclusion of old business, if any, at the first regular or special meeting of the corporate authorities in the month of May following receipt of certified election results for the local election authority.  The council shall be the legislative division of the city government and shall perform such duties and have such powers as may be authorized by statute.

The regular meetings of the City Council shall be held at the St. Charles Municipal Center on the first and third Mondays of every month at the hour of seven (7:00) o'clock p.m., provided that if the regular meeting falls on a Federal holiday, listed as follows, the meeting shall take place on the next secular day at the same hour:

• the 1st day of January, commonly called New Year’s Day;
• the 3rd Monday in January, commonly known as Martin Luther King Jr. Day;
• the 3rd Monday in February, commonly known as Presidents’ Day;
• the 4th day of July, commonly known as Independence Day (as observed);
• the 1st Monday in September, commonly known as Labor Day;
• the 11th day of November, commonly known as Veterans Day;
• the 25th day of December, commonly called Christmas Day (as observed);

When any such holidays fall on Sunday, the Monday next following shall be held and considered such holiday.  Adjourned meetings may be held at such time as the City Council may determine.

Special meetings of the council may be called by the Mayor or three Alderpersons; provided, that a written notice of such meeting shall be given to each member of the council at least forty-eight hours before the time set for the meeting; provided further, that in case all of the elected members of the council are present at any regular meeting, then the requirement of notice shall be unnecessary and shall be deemed waived.

Each Alderperson that is elected and takes office on or after April 3, 2001, shall be paid a salary of One Hundred Seventy-Five and no/100ths ($175.00) Dollars for each regular, special or adjourned Council meeting as required by law.

A majority of the aldermen or one-half the aldermen and the mayor shall constitute a quorum thereof, but a smaller number may meet to adjourn from time to time or to compel attendance of absentees.

The Mayor shall preside at all meetings of the city council.  The Mayor shall not vote on any ordinance, resolution or motion, except:

1. Where the vote of the alderpersons has resulted in a tie; or
2. Where one-half of the alderpersons elected have voted in favor of an ordinance, resolution or motion, even though there is no tie vote; or
3. Where a vote of greater than a majority of the corporate authorities is required by state statute to adopt an ordinance, resolution or motion.

In each instance specified, the mayor shall vote.  Nothing in this section shall deprive an acting Mayor or Mayor pro tem from voting in his capacity as alderman, but he shall not be entitled to another vote in his capacity as acting Mayor or Mayor pro tem.

All resolutions and motions which:

1. Create any liability against a city; or
2. Provide for the expenditure or appropriation of its money; or
3. Sell any city property;

and all ordinances, passed by the city council, shall be deposited with the city clerk.  If the mayor approves of them, he shall sign them.  Those of which he disapproves he shall return to the city council, with his written objections, at the next regular meeting of the city council occurring not  less than five days after their passage.  The mayor may disapprove of any one or more sums appropriated in any ordinances, resolution, or motion making an appropriation, and if so, the remainder shall be effective.  However, the mayor may disapprove entirely of an ordinance, resolution, or motion making an appropriation.  If the mayor fails to return any ordinance or any specified resolution or motion with his written objections, within the designated time, it shall become effective despite the absence of his signature.

Every resolution and motion specified in Section 2.04.070, and every ordinance, which is returned to the city council by the mayor, shall be reconsidered by the city council.  If, after such reconsideration, two-thirds of all the aldermen elected to the city council agree to pass an ordinance, resolution, or motion, notwithstanding the mayor's refusal to approve it, then it shall be effective.  The vote on the question of passage over the mayor's veto shall be by yeas and nays, and shall be recorded in the journal.

The following shall be the standing committees of the city council:

1. Planning and Development Committee.  The planning and development committee shall include and pertain to planning and development matters, zoning/annexation/boundary lines, building code enforcement, zoning map, comprehensive plan, land/cash ordinance, economic development and downtown redevelopment.
2. Government Operations Committee.  The government operations committee shall include and pertain to the municipal code, all legal suits or questions, liquor licenses, personnel manual, labor negotiations, safety manual/programs for employees, all financial matters, budgets, IRB’s, bonding, insurance matters, inventory control and purchasing;
3. Government Services Committee.  The government services committee shall include and pertain to police, fire, emergency services, traffic studies, youth safety, requests for community festivals, mosquito abatement, permits for fairs/carnivals, circuses, hot air balloon/seaplane landing permits, the sewer and water utility, the electric utility, all municipal property and buildings, all infrastructure within city jurisdiction (inclusive of curbs and gutters, streets, sidewalks, sewers, water lines, parking lots, etc.) all stormwater management (special service areas or otherwise), transportation matters and all public property sales.

Special meetings of a standing committee may be called by the committee chairman or a majority of the committee members; provided, that a written notice of such meeting shall be given to each member of the committee at least forty-eight hours before the time set for the meeting, except in cases of emergency as determined by the committee; and provided further, that in case all of the elected members of the committee are present at any such special meeting, then the requirement of written notice to such committee members shall be unnecessary and shall be deemed waived.

The mayor shall appoint such special committees as he may deem necessary or as may be directed by the council.

The mayor with the advice and consent of the city council shall appoint the chairperson and

vice chairperson of the standing and special committees.  All standing committees shall

consist of not less than ten members elected to the city council.  The vice chairperson should

be prepared to assume the position of chairperson or temporarily act in that position at any

time.  The chairperson and vice chairperson of a committee shall serve for two years and

may not succeed in the same standing committee to another two-year term.

The city clerk shall keep the minutes and records of the council proceedings.

It is unlawful to disturb any meeting of the city council or of any committee thereof, or to behave in a disorderly manner at any such meeting.  Any person violating any provision of this section shall be fined not less than ten dollars nor more than one hundred dollars for each offense.

        The order of business at meetings of the City Council shall be as follows:

A.     Call to order;

B.      Invocation;

C.      Pledge of Allegiance;

D.      Roll call;

E.      Omnibus Vote;

F.      Presentation and approval of minutes of preceding meeting(s);

G.     Monthly reports;

H.     Old business;

I.       New business;

J.       Committee reports,

         1.      Government Operations Committee,

         2.      Government Services Committee,

         3.      Planning and Development Committee,

K.     Public Comment

L.      Additional items from Mayor and City Council members;

M.     Adjournment.

At any meeting the city council or a standing committee may by unanimous consent take a single vote by yeas and nays on the several questions of the city council passage or standing committee recommendation of any two or more of the designated ordinances, orders, resolutions or motions placed together for voting purposes in and under the designation "omnibus vote," and in such event the clerk or designee may enter the words, "omnibus vote" in the journal in each case in lieu of entering the names of the members of the city council or standing committee voting "yea" and of those voting " nay" on the passage of each of the designated ordinances, orders, resolutions and motions included in such omnibus group. The taking of such single or omnibus vote and such entries of the words "omnibus vote" in the journal shall be a sufficient compliance with the provisions of the St. Charles Municipal Code for all intents and purposes and with like effect as if the vote in each case had been taken separately by yeas and nays on the question of the passage of each ordinance, order, resolution and motion including in such omnibus group, and separately recorded in the journal. Likewise, the yeas and nays shall be taken upon the question of the passage of any other resolution or motion at the request of any Alderperson and shall be recorded in the journal.

The city council shall not consider items not generally set forth in the agenda for the council meeting unless there is the consent of two-thirds of the members present at that meeting.  The city council's failure to observe this provision shall not invalidate any action taken by the council.

No vote or action of the city council shall be rescinded at any special meeting unless there is present at such special meeting as many members of the council as were present at the meeting when such vote or action was taken, as provided by statute.

Any resolution submitted to the city council shall be reduced to writing before being voted upon, at the request of any two members of the council.

1.     Authority:

1.1.  The Illinois Open Meetings Act provides that members of the public must be given an opportunity to address public officials at open meetings and provides that public comment may be subject to the rules established and recorded by the public body.

1.2.  Members of the public may address the City Council, pursuant to the rules established and recorded in this Section. Reference to “City Council” is to include its committees, commissions and any other subsidiary bodies for the purpose of the application of this Section.  Said rules shall be posted at the area where members of the public address the City Council at a City Council meeting.

1.3.  Any person may be expelled from City Council Chambers for the remainder of a City Council meeting by the Mayor or a majority vote of the City Council if that person:

1.3.1.Addresses or attempts to address the City Council at a City Council meeting except in conformance and compliance with the rules provided in this Section; or

1.3.2.Otherwise acts in a disorderly manner so as to disrupt the ability of the City Council to efficiently conduct its meeting, including but not limited to:

        1.3.2.1. Acting or appearing in a lewd or disgraceful manner;

        1.3.2.2. Using disparaging, obscene or insulting language;

        1.3.2.3. Personal attacks impugning character and/or integrity;

        1.3.2.4. Intimidation;

        1.3.2.5. Disorderly conduct (as defined by state law).

2.     Process:

2.1.  It is requested that all persons who want to address the City Council at a City Council Meeting during the time designated for public comment shall state their name and the subject matter upon which they wish to speak for the record. No person shall address the City Council until being recognized by the Mayor. The decision of the Mayor to recognize or not recognize a person may be changed by order of the Council.

2.1.1. The purpose of the public comment is to allow members of the public an opportunity to        address the City Council on issues of concern to them which are not part of the agenda.

3.     Limitations:          

3.1.  Groups of speakers should, whenever possible, consolidate their comments and avoid repetition through the use of representative speakers. 

3.2.  Except during public comment, speakers shall focus and limit their remarks directly to the matter then under discussion and should be as brief as possible and to the point.

3.3.  Speakers shall address their remarks to the City Council as a whole, not to any individual City Council members, nor City staff.

3.4.  Speakers shall not ask questions of individual City Council members or a member of the City staff.  Public comment is not intended to require individual City Council members nor City staff to provide answers to the speaker or engage in debate.

3.5.  Discussions between speakers and members of the audience are not allowed.

3.6.  The Mayor, or majority of the City Council, may suspend the rules in order to provide more public comment, as deemed appropriate.

3.7.  Speakers shall refrain from harassing or directing threats or personal attacks at City Council members, City staff, other speakers or members of the audience.

3.8. City Council members may, but need not, ask questions of speakers at the conclusion of their comments.

3.9. Members of the audience shall maintain decorum and refrain from noisy outbursts or other distracting actions such as applauding, cheering, booing, or use of signs or banners during or at the conclusion of any remarks made by any speaker, staff member or City Council members.

3.10. Minutes are a summary of the meeting discussion and actions made by City Council.  Requests   by speakers to append or revise the minutes are not favored.

4.     Petitioners:

4.1.  Notwithstanding rules to the contrary in this Section, petitioners, defined as persons or entities who initiated and have a direct financial or ownership interest concerning a particular agenda item as determined by the City Administrator shall be called at the beginning of said agenda item and may address the City Council concerning their petition.

4.2.  After members of the public have had an opportunity to address the City Council pursuant to the rules provided in this Section, petitioners shall have the opportunity to reply to any comments or questions from members of the public or City Council members.

5.     Public Hearings:

        5.1.   The purpose of a public hearing is to seek formal input as required by City Ordinances, State Statute or as deemed appropriate by the Mayor.

        5.2    The Mayor will call the public hearing to order and announce the topic.  During the public hearing, the Mayor will ask if there are any members of the public that would like to address the City Council about the item under consideration.  Individuals wishing to speak should approach the microphone, state their name and if they represent an organization.  The rules of conduct that apply to City Council and Committee meetings apply to public hearings.  The Mayor, or a majority of the City Council, reserves the right to suspend these rules and allow more public comment, as deemed appropriate.

The rules of order, other than those prescribed by statute, may be suspended at any time by consent of a majority of the members present at any meeting.

Except when in conflict with the foregoing provisions, Robert's Rules of Order shall govern the deliberations of the council.

All meetings of the city council at which any legal action is taken shall be open to the public.