HomeMy WebLinkAboutOrd2019-015 Sponsored by: City Attorney Wells
Introduction Date: September 9,2019
Public Hearing Date: September 23,2019
Enactment Date: September 23,2019
CITY OF SEWARD,ALASKA
ORDINANCE 2019-015
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING SEWARD CITY CODE 2.10.045 "METHODS OF
ACTION" AND SCC 2.15.010 "METHODS OF COUNCIL ACTION" TO
PERMIT COUNCIL TO DIRECT THE CITY MANAGER, CITY
ATTORNEY,AND CITY CLERK BY MOTION
WHEREAS, Seward City Code 2.10.045 states that "[1]egislative action shall be taken
by the council only by means of an ordinance or resolution;"and
WHEREAS, Seward City Code 2.15.010 also states that legislative action shall only be
taken by ordinances or resolution; and
WHEREAS, City Council has consistently and historically directed appointed officers
via motion or less formal manners during Council meetings; and
WHEREAS, the term"legislative action" is not defined in the Code; and
WHEREAS, it is in the City's best interest to ensure Council has the tools it needs to
efficiently conduct the people's business while protecting the public's knowledge of the issues
and matters before Council at any given meeting.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA HEREBY ORDAINS that:
(added laneuage is italicized, underlined, and bolded;
Section 1. Seward City Code 2.10.045 "Methods of action" is amended to read as
follows:
2.10.045-Methods of action.
A. Except as otherwise provided in this code, lLegislative action shall be taken by the
council only by means of an ordinance or resolution.
B. Council may direct the City Attorney, City Clerk, and/or City Manager via motion so
long as motions re2ardin2 substantive directives are included on the agenda before a vote is
taken on such motions.
CITY OF SEWARD, ALASKA
ORDINANCE 2019-015
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Section 2. Seward City Code 2.15.010 "Methods of council action" is amended to read as
follows:
2.15.010-Methods of council action.
A. Except as otherwise provided in this code, The city council shall take legislative
action only by means of an ordinance or resolution.
B. Council may direct the City Attorney, City Clerk, and/or City Manager via motion so
long as motions regarding substantive directives are included on the agenda before a vote is
taken on such motions.
Section 3. This ordinance shall become effective ten (10) days following approval.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA
this 23rd day of September, 2019.
THE CITY OF SEWARD, ALASKA
for
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Sue McClure, Vice Mayor
AYES: Osenga, Seese, Towsley, Lane, Horn, McClure
NOES: None
ABSENT: Squires
ABSTAIN: None
ATTEST:
Brenda J. all , MMC
City Clerk
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Agenda Statement
Meeting Date: September 9, 2019 '
To: City Council
Through: City Manager Scott Meszaros r
From: Holly Wells, City Attorney
Agenda Item: Ordinance 2019-015,Methods of Council Action Revised
BACKGROUND & USTIFICATION:
The Seward City Council traditionally acts via ordinances, resolutions, motions, and
directives. However, the Seward City Code requires all"legislative action"to occur via ordinance
or resolution. In recent months, Council members, the Mayor, and the City Clerk have worked
diligently to ensure that substantive discussion items are placed on the agenda in a way that ensures
the public and all Council members have notice and a written action item to revise, adopt or reject.
However,Council often needs to direct the City Manager,City Clerk,and/or City Attorney to draft
ordinances, resolutions or policies that reflect Council's goals. While this type of direction may
require Council legislative action, it would be unduly restrictive and inefficient to require such
action take place via ordinance or resolution.
INTENT:
The intent of Ordinance 2019-015 is to permit Council to direct the City Manager, City
Clerk, and the City Attorney via motion so long as motions on substantive matters are included on
the agenda. By including substantive motions on the agenda, Council ensures members of the
public have notice of any substantive direction Council may give at a meeting while giving Council
the fluidity it needs to govern efficiently.
CONSISTENCY CHECKLIST: Yes No N/A
1. Comprehensive Plan (document source here): X
2. Strategic Plan (doctinient source here): X
3_ Other(list):
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FISCAL NOTE: There are no financial implications associated with this agenda item.
Approved by Finance Department• ,I
ATTORNEY REVIEW: Yes X No Not Applicable mmmµ
RECOMMENDATION: The Administration recommends approval of the Ordinance.
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Agenda Statement Supplement: Document
Source References
Meeting Date: September 9, 2019
To: City Council
Through: City Manager Scott Meszaros
From: Holly Wells, City Attorney
Agenda Item: 2019-015: Methods of Council Action Revised
Introduction
Seward City Council includes an Agenda Statement with each City Council regular
meeting agenda item to ensure that the public has knowledge of the background and the intent of
the legislative actions before Council at regular meetings. Included within the statement is a
"Consistency Checklist" to ensure that all proposed ordinances and resolutions comply with the
governing documents of the City.
While the Agenda Statement for Ordinance 2019-015 confirmed the Ordinance was
consistent with the Seward Comprehensive Plan and its Strategic Plan, it did not identify specific
"document sources" on which the confirmation was based. Accordingly, this Agenda Statement
Supplement identifies specific "document sources."
Seward Comprehensive Plan and Strategic Plan Sources
2030 Seward Comprehensive Plan Section 2.2.8, which states the City of Seward
"value[s] an open, responsive city government based on a high level of citizen input and
community involvement." (See 2030 Seward Comprehensive Plan, Vol. 1,p. I-9). Section 2.2.8
of the Comprehensive Plan also requires the City to "[c]ontinue to review and update the city
code." Similarly, the Seward Strategic Plan "Mission Statement," states, in part, that the
"mission of the City of Seward government is to provide quality leadership..." and "operate
efficiently." The Strategic Plan lists as an objective: "[m]ake every effort to involve the entire
community in decision making processes." of the Strategic Plan, which requires the City to
"make every effort to involve the entire community in the decision-making process."
This supplement statement was reviewed by the City Attorney.
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