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HomeMy WebLinkAboutRes2014-021 Sponsored by: Clerk CITY OF SEWARD, ALASKA L. RESOLUTION 2014-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE CITY COUNCIL RULES OF PROCEDURE RULE 26, ORDER OF BUSINESS AND RULE 27, PROCEDURES FOR A PUBLIC HEARING WHEREAS, Seward City Code Section 2.10.055 states that the order of business for the regular meetings of the City Council shall be set by resolution of the council and incorporated into the Council's adopted Rules of Procedure; and WHEREAS, the order of business regarding public hearing items is clearly written in the City Council Rules of Procedure and the order of business regarding regular agenda items is not; and WHEREAS, it is recommended that the Council adopt consistent order of business procedures for both items of business; and WHEREAS, the Council wishes to amend Rule 26 of the City Council Rules of Procedure to address the procedures for public hearing agenda items and non-public hearing agenda items; and ih"" WHEREAS, the Council wishes to amend Rule 27 (b) — Public Hearings of the City Council Rules of Procedure to make the order of procedure consistent with current practices; and WHEREAS, this includes other minor housekeeping changes such as making the process consistent for citizens to state whether they are a resident of Seward rather than stating their physical residence for the record on public comment sections on the agenda and adding agenda items routinely used but not listed in the Rules of Procedure like Council and Administration Response to Citizen Comments, Executive Session, and Adjournment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council amends Rule 26 of the City Council Rules of Procedure to read as follows (strike out= deletions, bold italics = additions): ORDER OF BUSINESS RULE 26. (a) The order of business for the regular meetings of the City Council is as follows: 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE ,,.,, 3. ROLL CALL CITY OF SEWARD, ALASKA RESOLUTION 2014-021 4. CITIZEN- COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING 5. APPROVAL OF AGENDA AND CONSENT AGENDA 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS A. Proclamations and Awards B. Borough Assembly Report C. City Manager's Report D. City Attorney's Report E. Other Reports, Announcements and Presentations 7. PUBLIC HEARINGS A. Ordinances for Public Hearing and Enactment B. Resolutions Requiring Public Hearing C. Other Public Hearing Items 8. UNFINISHED BUSINESS A. Items not Completed from Previous Agenda B. Items Postponed from Previous Agenda C. Items for Reconsideration D. Other Unfinished Business Items 9. NEW BUSINESS A. Ordinances for Introduction B. Resolutions C. Other New Business Items 10. INFORMATIONAL ITEMS AND REPORTS (No action required) 11. COUNCIL COMMENTS 12. CITIZENS COMMENTS 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS 14. EXECUTIVE SESSION 15. ADJOURNMENT (b) Consent agenda. Those items on the council agenda which are considered routine by the City Manager and the City Clerk shall be indicated by an asterisk on the agenda. Unless the Mayor or a Council member specifically requests that such an item on the consent agenda be considered under the regular meeting agenda, and thus removed from the consent agenda calendar and considered separately on the regular agenda, these items so designated shall be approved, adopted, accepted, etc. by motion of the Council to approve the agenda and consent agenda. Those items so approved shall appear in the Council minutes as if acted upon individually. The Clerk shall read into the record the Consent Agenda, including the titles of any ordinances or resolutions contained therein. (SCC sC 2.10.055 B.) (c)Agenda items. The procedure for agenda items are as follows: 1. The Presiding Officer introduces the agenda item. CITY OF SEWARD, ALASKA RESOLUTION 2014-021 2. The Presiding Officer inquires if there is a motion by any Council member. If a motion is made, it shall be in the form of an affirmative motion. 3. Following the motion and its second, the Presiding Officer calls upon the City Manager to describe the matter under consideration. 4. If applicable, the Presiding Officer opens the public hearing and follows the public hearing procedure outlined in Rule 27. 5. The Presiding Officer asks if there is any discussion among Council members. The Presiding Officer may call on individual Council members in the discussion. The Presiding Officer inquires if there is any further discussion by the Council members. 6. The Presiding Officer inquires if there are any final comments or recommendations from administration. 7. The Presiding Officer inquires of the Council members as to whether they are ready for the question. 8. The Clerk shall conduct a roll call vote. Section 2. The City Council amends Rule 27 of the City Council Rules of Procedure to read as follows (strike out= deletions, bold italics = additions): ADDRESSING THE COUNCIL BY THE PUBLIC RULE 27. (b) Public Hearings. The procedures for a public hearing are as follows: (1) A sign-in sheet shall be provided for those wishing to address the Council under "Public Hearings". Prior to the start of the public hearing, the Presiding Officer will first recognize those whose names appear on the sign-in sheet. Any person who fails to sign in shall not be permitted to speak until all those who signed in have done so. At any public hearing all persons who have signed in and wish to be heard shall be heard. Those testifying under public hearings must limit their comments to 5 minutes. No person who has previously spoken during the public hearing on a particular item may speak again unless all other persons desiring to give testimony at the public hearing have spoken. A person speaking for a second time shall limit their testimony to not more than one minute. (2) The Presiding Officer introduces the agenda item, opens the public --. •- • -2 . -.-2 . - - -- . - e - . CITY OF SEWARD, ALASKA RESOLUTION 2014-021 • • ' ; ; , ;; , - ;. ; . . made from the speaker's podium and any individual making comments,shall first give their -; ata. -- a-- -- " the meeting. (b) There will be no demonstrations during or at the conclusion of anyone's presentation. (c) These rules are intended to promote an orderly system of holding a ; ; - ; - - ;- . - . - a, -a - • " - - (3) The Presiding Officer inquires if there is a motion by any council member. If a motion is made, it shall be in the form of an affirmative motion. (4) Following the motion and its second, Tthe Presiding Officer calls upon the City Manager to describe the matter under consideration. 4) (5) The Presiding Officer opens the public hearing, and announces the following Rules of Order; (a) All comments by proponents, opponents, or the public shall be made from the speaker's podium and any individual making comments shall first give their name, state whether they are a resident of Seward in an audible tone of voice for the record, and shall limit their remarks to 5 minutes. This is required because an official record of the public hearing is being made. No comments shall be made from any other location except the podium, and anyone making "out of order" comments may be subject to removal from the meeting. (b) There will be no demonstrations during or at the conclusion of anyone's presentation. (c) These rules are intended to promote an orderly system of holding a public hearing, to give every person an opportunity to be heard, and to ensure that no individual is embarrassed by exercising their right offree speech. (6) The Presiding Officer opens the floor to those on the sign-in sheet in the order which they appear on the sheet. (5) (7) The Presiding Officer calls for additional comments from the audience. CITY OF SEWARD, ALASKA RESOLUTION 2014-021 (6) (8) The Presiding Officer closes the public hearing. (7) The Presiding Officer inquires if there is a motion by any Council motion and its second, discussion occurs among Council members. The Presiding Officer may (8-) (9) Following the public hearing, discussion occurs among Council members. The Presiding Officer may call on individual Council members in the discussion. The Presiding Officer inquires if there is any further discussion by the Council members. (9)(10)The Presiding Officer inquires if there are any final comments or recommendations from administration. (-1-03 (11) The Presiding Officer inquires of the Council members as to whether they are ready for the question. (11) (12) The Clerk shall conduct a roll call vote. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 10th day of February, 2014. hr. THE CITY OF SEWARD, ALASKA pean a-kv 3(-22e4 -'3(-22e4 -'- _Bardarson, Mayor AYES: Keil, Casagranda, Terry, Squires, Butts, Bardarson NOES: None ABSENT: None ABSTAIN: None VACANT: One ATTEST: /1- 111. Johanna Ki ey, Clerk Of SEP". ,........ (City fel/00° „kV\ . • 0 .0 .• • ". 0 • I SEAL . 0 : IP • • e. • 1 %•• .4.*NE: ,, 14;••......0,°',c3■• „:4 **** e OF " Agenda Statement Of s 4 ts. 44 K4,40 Meeting Date: February 10, 2014 To: Mayor, City Council From: Johanna Kinney, City Clerk Agenda Item: Amend Rule 26 and 27 oft Ay Council Rules of Procedure BACKGROUND & JUSTIFICATION: By City Code, "the order of business for the regular meetings of the City Council shall be set by resolution of the council and incorporated into the Council's adopted Rules of Procedure." (SCC 2.10.55) The procedure for public hearing items is listed in the City Council Rules of Procedure. However,it is inconsistent with how the council handles agenda items that do not require a public hearing,which is not currently described in the City Council Rules of Procedure. To be consistent with current practices, it is the recommendation of the City Clerk to change the order of the public hearing procedure and implement similar language regarding the procedure for items that do not require a public hearing. The change in Rule 27 is essentially requesting a motion and second be made by the council before any public comment or discussion is made for a public hearing item. Currently, the City Council Rules of Procedure states the agenda item is announced, administration is referred to explain the item,the public hearing is opened,testimony is given,the public hearing is closed,and then a motion and second is requested. This resolution simply changes the order of events,by moving the request of a motion and second to the beginning of the process after the agenda item is announced. The creation of Rule 26(c)is addressing the order of business whether the item requires or does not require a public hearing. This addition patterns the process outlined in the paragraph above. Additional changes are requested to clean up Rule 26 and 27. Those changes are as follows: • Rule 26(a): Under order of business,using the word"citizen"in agenda item number 4 and number 12, replacing"citizens' and"citizens" for consistency purposes. • Rule 26 (a): Under order of business, add agenda items number 13, 14, and 15 as they are routinely used but not formally listed in council's order of business. • Rule 26 (b): Under consent agenda, change reference to "consent calendar" to "consent agenda". • Rule 27 (b) (5) (a): Under public hearings, change citizen residence declaration to be consistent with the other requirements under addressing the council by the public,which is stating whether they are a resident of Seward rather than stating their actual residence. Upon researching Robert's Rules of Order and receiving input from nine other City Clerks in Alaska, it is the clerk's belief these changes are allowable and do not violate any of the public's rights. INTENT: To formally change the order of business for public hearing items and create a similar process for non-public hearing items as well as additional minor changes for better consistency and clarification. FISCAL NOTE: Clerk did not seek fiscal review. Approved by Finance Department: N/A ATTORNEY REVIEW: Clerk did not seek attorney review. RECOMMENDATION: Approve Resolution 2014-021, amending City Council Rules of Procedure, Rule 26 and 27, to change the order of business for public hearing items and establish a similar order for non-public hearing items; and cleaning up other inconsistencies.