HomeMy WebLinkAbout06072022 Planning & Zoning LAYDOWN - Guidelines for ReconsiderationAGENDA STATEMENT
Meeting Date: June 7, 2022
From: Brenda Ballou, City Clerk
Agenda Item: Guidelines for Reconsideration
BACKGROUND & JUSTIFICATION
On May 3, 2022, the Seward Planning & Zoning Commission failed Resolution 2022-009,
Recommending City Council and Kenai Peninsula Borough Approval Of The Preliminary Replat Of
Fort Raymond Subdivision, Replat No. 1, Lot 12A; Located. At 911 Hemlock Ave; Creating
Hemlock Subdivision, Lots 1-40, And Tract A.
Following the adjournment of the meeting, the city clerk received a written request from Chair
Sullivan to reconsider the resolution. Chair Sullivan voted on the prevailing side, and submitted the
request prior to 5:00 p.m. the following day, and so the request is considered timely.
PROCEDURE FOR RECONSIDERATION
Referencing Seward City Code 2.10.065 (e) Reconsideration:
A motion to reconsider may be applied to any resolution or action of the commission and has
precedence over all motions except the motion to adjourn.
(1) A commissioner may make a motion to reconsider only if
a. The commissioner voted on the prevailing side on the question to be reconsidered;
b. The commissioner makes the motion to reconsider on the same day and at the same
meeting at which the vote to be reconsidered was taken; or
c. The commissioner files with the clerk not later than 5:00 p.m. on the first city business
day following the day on which the vote was taken a notice of intent to reconsider and then
makes the motion to reconsider at the next regular commission meeting. The commissioner
may file by telephone provided that the notice of intent to reconsider is signed before the
motion is considered.
(2) A motion for reconsideration requires a two-thirds vote to carry.
(3) For the purposes of this section, a commission meeting which is recessed and reconvened on a
different day shall constitute one meeting. The reconvened session of such a meeting shall not
constitute the next regular commission meeting as that term is used in this section.
(4) Only one motion to reconsider shall be entertained on any resolution or other action even if the
commission overturns the original action. If a motion to reconsider a particular resolution or other
action fails, a second motion to reconsider the same action shall not be in order.
(5) Actions which inay not be reconsidered. The following motions may not be reconsidered:
a. A motion which can be renewed within a reasonable time;
b. An affirmative vote whose provisions have been partly carried out;
c. An affirmative vote in the nature of a contract when the party to the contract has been
notified of the outcome;
d. Any vote which has caused something to be done which it is impossible to undo;
e. A vote on a motion to reconsider; or
f. When practically the same result can be obtained by some other parliamentary motion.
(Ord. 482, § 1(part), 1980; Ord. 93-14)
GUIDELINES FOR THE MOTION TO RECONSIDER
1. Motion to Reconsider
2. Second
3. Discussion is allowed on the motion to reconsider (not on the merits of the resolution)
4. Vote must pass by 2/3 to carry
If the motion to reconsider is approved, the resolution will go back on the floor in its last state prior
to the final vote on the main motion. It can then be amended.
If the motion to reconsider fails, the resolution stands.
2/3 Vote Chart
7 commissioners present = 5 votes
6 commissioners present = 4 votes
5 commissioners present = 4 votes
4 commissioners present = 3 votes
SEGENED
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