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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/31/2021 - COUNCIL MEETING NORMS AND RULESDATE: STAFF: August 31, 2021 Ginny Sawyer, Policy and Project Manager Tammi Pusheck, Interim City Clerk Carrie Daggett, City Attorney WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Council Meeting Norms and Rules. EXECUTIVE SUMMARY The purpose of this item is to explore options for Council meeting norms and rule adjustments. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. What questions do Councilmembers have regarding any of the following and what feedback do Councilmembers have about changes to Council’s meeting procedures? Council Remote Participation (A): A1. Remote participation as a Council body A2. Remote participation as a Councilmember - expanded A3. Remote Sub-committees Public Comment and Agenda (B): B1. Advance sign-up for public comment B2. Combine general public comment with comment on consent agenda items and allow separate comment on discussion items B3. Combine public comment with comment on all agenda items (except hearings as required) B4.Time limit for overall public comment B5. Only allow Councilmembers to pull consent items BACKGROUND / DISCUSSION In 2020, as COVID-related restrictions began, the City quickly responded by enacting Emergency Orders to allow for remote meeting and participation options. The remote experience has been a unique “test setting” for efficiency, effectiveness, access, technology needs, and personal preference. Now that COVID re strictions are lifting, and Emergency Orders no longer seem relevant, this item seeks to identify any Council meeting norms or rule changes that could be made available on an on -going basis. The current Council Meeting Procedures adopted by Resolution 2019-064 are included for reference (Attachment 1) with the order of business as follows: 1. Proclamations and Presentations 2. Pledge of Allegiance 3. Call meeting to Order 4. Roll Call 5. City Manager’s Agenda Review (and opportunity for Manager to pull Consent Items) 6. Opportunity for City Council to Pull Consent Items 7. Opportunity for Citizens to Pull Consent Items 8. Citizen Participation 9. Citizen Participation Follow-up by Council 10. Consent Calendar vote 11. Staff Reports August 31, 2021 Page 2 12. Councilmember Reports 13. City Manager/Council-Pulled Consent items 14. Items Needing Individual Consideration 15. Citizen-Pulled Consent Items 16. Other Business 17. Adjournment Staff has identified three key changes related specifically to Council participation and five potential options related to meeting rules. (Attachment 2) Council Participation (A): These changes address the three scenarios of Council participating remotely. Any changes to address remote participation would strictly allow the option, not make it mandatory. A1. Remote Participation as a Body: • Council is currently allowed to meet in-person, remotely, or as a hybrid only during COVID for COVID reasons. To continue to allow this flexibility, Code and Rules changes would be required. Changes would remove remote participation options being related to COVID or an emergency and would focus on more clearly defining what “being present” means in the Code. A2. Remote Participation as Individuals: • Individual Councilmembers are currently allowed to opt to participate remotely during COVID and for COVID reasons. Code and Rules changes are needed to allow individual Councilmembers to participate remotely in all types of meetings, for any reason. This change would include Special meetings and Executive Ses sions which would allow for greater efficiency and participation for Councilmembers. Exceptions would be made for quasi-judicial hearings which would likely require in-person participation. A3. Remote participation as Sub-committees: • Council sub-committees are currently allowed to meet in-person or remotely only during COVID for COVID reasons. Code and Rules changes are required for non-COVID times or reasons. Meeting Rules/Public Comment Adjustments (B) The five rule changes below mostly focus on public comment. They are not dependent upon one another, but some actions could influence others. These changes could be written and adopted in such a way that some or all could be tried as a pilot and evaluated in the future. B1. Sign-up requirement for public comment: • Would require electronic sign-up by a pre-determined time prior to Council meeting. Sign-up would open when the agenda is posted and would close at a pre-determined time (likely just prior to meeting start.) • Sign-up allows Council to plan for the meeting, fairly prioritize agenda-related comments and efficiently call names. • Sign-up can occur on website through computer, phone, and if needed a kiosk in the lobby. B2. Expand public comment to include anything on the consent agenda and ge neral comments, in order to allow Councilmembers to decide whether to pull consent items for discussion: • Priority could be given to speakers wishing to comment on agenda items. • This would enable Councilmembers to evaluate whether consent items require discussion and otherwise allow items to remain on consent (if combined with allowing only Councilmembers to pull items). • This could reduce confusion created by the current consent calendar process and avoid abuse. August 31, 2021 Page 3 B3. Add discussion item comments under general public comment time as well as consent item comments: • Similar to the above, require all comments on discussion items at the beginning of the meeting with no comment during the item discussion. • Would need to consider adequacy of opportunity to comment and exceptions for quasi-judicial or other formal public hearings. • This could prevent confusion of when residents should speak to which items and would also allow for resident comment early in the evening if a discussion item was occurring much later. Council would receive all input at once early in the meeting. B4. Time allocation for public comment: • This item would limit the total time allotted for public comment and would need to consider combined impact with other limits, above. • This option may be best paired with B1 to ensure comments related to agenda items are heard. • Clear standards and expectations would need to be established to assure fair treatment for those wishing to speak. B5. Only allow Councilmembers to pull Consent Items : • Would need to consider exceptions for quasi-judicial and other formal public hearings and develop standard to guide decisions to pull items. • Community members would be able to ask questions regarding consent items during public comment and could also request Councilmembers to pull an item. • This could allow residents to express their questions earlier in the meeting than for public -pulled items under the current process. Most of these items could be enacted through a Resolution of meeting rules. A Code update by ordinance is required for some changes (such as to the consent calendar process) and is recommended for better definition of some key terms, such as Councilmember “presence” at a meeting. In June of 2021, a memo and chart summarizing a review of select peer cities was provided to Council. (Attachment 3) Thirty-six cities were surveyed (11 from Colorado). Several of these cities require the public to sign up to speak at a council meeting, either online, by email, or in person at the meeting . Many of these cities do not allow the public to pull consent items but rather allow them to request that items be pulled by a Councilmember or Council. Some cities allocate time for general public comment (not about agenda items) and some do not, and some limit the time for general comment while others do not. Some councils use a different process for “public hearing” items that allows fuller comment and combine all other comments into one segment of the meeting. The chart illustrates a variety of ways these matters may be handled for discussion purposes. No public engagement has been conducted to date. Based on Council direction some level of education, awareness, and involvement could be designed. ATTACHMENTS 1. 2019 Council Procedures (PDF) 2. Key Changes and Options to Council Meeting Rules (PDF) 3. Public Comment Comparison (PDF) 4. Powerpoint Presentation (PDF) ATTACHMENT 1 Rules of Procedure Governing the Conduct of City Council Meetings and Work Sessions Adopted May 21, 2019 Resolution 2019-064 Section 1. Order of Business for Regular or Special Council Meetings. a. Council business at regular Council meetings shall be conducted in the following order (except as provided in Subsection 1.c, 1.d, 1.e or 1.f, below): (1) Proclamations and Presentations. (Prior to the meeting) (2) Pledge of Allegiance (3) Call Meeting to Order (4) Roll Call (5) City Manager’s Agenda Review (including removal of items from Consent Calendar for individual discussion) (6) Opportunity for City Council to Pull Consent Items (7) Opportunity for Citizens to Pull Consent Items (8) Citizen Participation (9) Citizen Participation Follow-up (10) Consent Calendar (11) Consent Calendar Follow-up (12) Staff Reports (13) Councilmember Reports (14) City Manager/Council-Pulled Consent Items (15) Items Needing Individual Consideration (16) Citizen-Pulled Consent Items (17) Other Business (18) Adjournment b. Council business at special Council meetings shall be conducted in the following order (except as provided in Subsection 1.c, 1.d, 1.e or 1.f, below): (1) Pledge of Allegiance (2) Call Meeting to Order (3) Roll Call (4) Individual Consideration of Items Identified in the Call of Special Meeting (5) Adjournment c. Appeals to Council shall be conducted in accordance with Division 3 of Article II of Chapter 2 of the City Code. d. Addition of a Permitted Use applications pursuant to Land Use Code Section 1.3.4(c)(3) and zonings and rezonings of land with an area of six hundred forty acres or less (“Quasi-judicial Rezonings”), shall be conducted as follows subject to City Council Rules of Procedure (May 21, 2019) 2 such limitations in time and scope as may be imposed at the discretion of the presiding officer: (1) Announcement of Item; (2) Consideration of any procedural issues; (3) Explanation of the application by City staff; (4) Presentation by the applicant and/or by the affected property owner (if not the applicant); (5) Public testimony regarding the application; (6) Rebuttal testimony by the applicant/property owner; (7) Councilmember questions of City staff, the applicant/property owner and other commenters; and (8) Motion, discussion and vote by the City Council. e. Protest hearings required under City Code Section 7-88 (regarding re-districting) or Section 7-156 (regarding ballot title and/or submission clause) shall be conducted in the following order, as part of the agenda item for the item under protest: (1) Announcement of Item; (2) Staff Presentation for Agenda Item; (3) Presentation by each person who timely filed a Protest; (4) Councilmember questions of City staff and the protesting parties; and (5) Motion on each Protest, discussion and vote on each Protest the by the City Council. After completion of the Protest Hearing, Council will return to the Agenda Item and receive citizen comments from any persons desiring to speak on the Agenda Item. f. Procedures for conduct of other types of special proceedings by the Council shall be established by the presiding officer and shall comply with any applicable legal requirements. g. Items for which a public hearing is required may be considered as part of the Consent Calendar, and if any item is not pulled from the Consent Calendar for individual consideration and is adopted as part of the Consent Calendar, it will be deemed to have been the subject of a public hearing as required by any applicable Code or other legal requirements. h. If the presiding officer determines that the number of items pulled from the Consent Calendar by citizens is substantial and may impair the Council’s ability to complete the planned agenda, the presiding officer may declare that the following process will be used to simplify consideration of the Citizen-Pulled Consent Items: City Council Rules of Procedure (May 21, 2019) 3 (1) All citizen-pulled items (to be listed by number) will be considered as a group under the heading “Consideration of Citizen-Pulled Consent Items.” (2) At that time, each citizen wishing to speak will be given a single chance to speak about any and all of the items that have been moved to that part of the agenda. (3) After the citizen comments, any Councilmember may specify items from the list of Citizen-Pulled Consent Items for Council to discuss and vote on individually. Excluding those specified items, Council will then adopt all “Citizen-Pulled Consent Items” as a block, by a single motion, second and vote. (4) Any Citizen-Pulled Consent Items that a Councilmember has asked be considered individually will then be considered using the regular process for considering discussion items. Section 2. Length of Regular Meetings a. Regular Council meetings will begin at 6:00 p.m. Proclamations will be presented prior to the meeting at approximately 5:30 p.m., and will end no later than 6:00 p.m. The presiding officer may, in his or her discretion, request that the City Clerk schedule the presentation of proclamations to begin as early as 5:00 p.m., so long as such request is made in time to allow twenty-four hours notice to the public of the updated start time. b. Appropriate breaks will be taken during meetings at the presiding officer’s discretion based on meeting length and agenda. c. Every regular Council meeting will end no later than 10:30 p.m., except that: (1) any item of business commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the Council may, at any time prior to adjournment, by majority vote, extend a meeting until no later than midnight for the purpose of considering additional items of business. Any matter that has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting that have not yet been considered by the Council, will be continued to the next regular Council meeting and will be placed on the discussion agenda for such meeting, unless Council determines otherwise. Section 3. Citizen Comment During Regular and Special Council Meetings. a. Comment during Citizen Participation. During the “Citizen Participation” segment of each meeting, citizen comment will be allowed on matters of interest or concern to citizens except the following: (1) items the Council will consider at that night’s meeting that include time for citizen comment (discussion items); City Council Rules of Procedure (May 21, 2019) 4 (2) matters that are the subject of a board or hearing officer decision that will be appealable to the Council, if an action has been taken to initiate the application, review and decision-making process. b. Comment on Agenda Items. Citizen input will be received with regard to: (1) each item on the discussion agenda; (2) each item pulled from the consent agenda; and (3) any item that is addressed by formal Council action under the “Other Business” segment of the meeting that may directly affect the rights or obligations of any member of the general public. The Council may, but is not required to, receive citizen input in connection with procedural matters and motions. Except as otherwise provided in these rules, citizen input will be permitted only once per item regardless of the number of motions made during Council’s consideration of the item. c. Time Limits for Speaking. The amount of time to be allotted to each speaker will be set by the presiding officer based upon the number of persons expected to speak, in order to allow as many as possible to address the Council within a reasonable time given the scheduled agenda. The presiding officer may require those intending to speak to indicate their intention by a show of hands or some other means, and to move to one of the two lines of speakers (or to a seat nearby for those not able to stand while waiting). Each speaker will generally be limited to three minutes. If necessary in order to facilitate Council’s understanding of the item, or to allow the Council to consider and act upon the item in a timely fashion, the presiding officer may increase or decrease the time that would otherwise be allowed for each speaker. d. Manner of Addressing the Council. Comment and testimony are to be directed to the Council. Unless otherwise directed by the presiding officer, all comments must be made into the microphone. e. Yielding the Lectern. Each speaker shall promptly cease his or her comments and yield the lectern immediately upon the expiration of the time allotted by the presiding officer. f. Yielding of Time. No speaker may yield part or all of his or her time to another speaker, and no speaker will be credited with time requested but not used by another. City Council Rules of Procedure (May 21, 2019) 5 g. Citizen Presentation Materials and Evidence. The use of City projection equipment to display presentation materials to Council will be allowed in limited circumstances that permit City staff to manage the use of the equipment, prepare materials for display and avoid delay or disruption to the meeting. The following limits will apply to all presentations by members of the public: (1) Persons wishing to display presentation materials using the City’s display equipment under the Citizen Participation portion of a meeting or during discussion of any Council item must provide any such materials to the City Clerk in a form or format readily usable on the City’s display technology no later than two (2) hours prior to the beginning of the meeting at which the materials are to be presented. (2) As an exception to subsection (1), parties-in-interest in agenda items considered under Section 1.c, 1.d, 1.e or 1.f, above, shall provide all presentation materials to be displayed or proffered for Council consideration to the City Clerk (whether in hard copy or for display) in the manner specified by the City Clerk no later than noon on the day of the meeting at which the subject item is scheduled for consideration or 4:00 p.m. the business day prior to the meeting if the meeting begins earlier than 6:00 p.m. Any such materials must be in a form or format readily usable on the City’s display technology. NOTE: Parties in appeals to Council may present new evidence only in the limited circumstances set forth in Chapter 2 of the City Code. Section 4. Public Conduct During Regular and Special Council Meetings and Work Sessions. a. General Comment, or Expressions of Support or Opposition. Members of the audience are not entitled to speak except as provided in these Rules of Procedure, or as expressly requested by the presiding officer or City staff, and shall not engage in expressions of support or opposition, such as clapping, whistling, cheering, foot stomping, booing, hissing, speaking out, yelling, or other acts, that disturb, disrupt, or impede the meeting or any recognized speaker. b. Signs and Props. (1) Signs and props no larger than 11" x 17" are permitted in the City Council Chambers or in the Council Information Center or other Council meeting room (collectively referred to as the “Meeting Room”), except no such signs or props shall be displayed during the conduct of a quasi-judicial hearing during which general public comment is not taken other than by authorized speakers in connection with their hearing testimony. (2) Such signs or props must be held directly in front of one's body so as not to impede the view of others. City Council Rules of Procedure (May 21, 2019) 6 (3) Signs or props may not be waved, held by more than one person at a time, or used in a manner that, in the judgment of the presiding officer, disrupts the orderly conduct of business. (4) Signs or props may not be left unattended anywhere in the Meeting Room or left unattended on display in the City Hall lobby area. (5) Signs or props attached to sticks, poles, or other objects are prohibited. c. Distribution of Literature. Distribution of fliers or other literature is permitted in the public lobby areas of City Hall only when City Hall is open for a public event. Distribution of fliers and other literature is permitted on the sidewalks and grounds around City Hall. Persons wishing to engage in such activities may do so only in a manner that does not interfere with the movement of persons or obstruct the passage of pedestrians or vehicles. d. Video and Audio Recording. Video and audio recording by the press or other members of the public is permitted in the Meeting Room only if the person making the recording is using a small unobtrusive recording device and is seated or standing at a speaker lectern when authorized to speak, or in line awaiting an opportunity to speak, or is either standing in the back of the Meeting Room behind all seated persons or standing in any other area pursuant to the direction of the presiding officer in his or her reasonable discretion or designated for that purpose in advance by the City. e. Areas Permitted for Seating and Standing. Except for persons waiting in line to speak in accordance with the presiding officer’s instructions, no persons shall sit in the Meeting Room except in chairs or seats provided by the City or in wheelchairs or other assistive devices, and no persons shall stand in the aisles or other locations in the Meeting Room except in the back of the Meeting Room, and only in accordance with other applicable limits for fire and building safety. Section 5. Procedural Decisions Subject to Modification by Council. Decisions by the presiding officer regarding procedures and procedural issues, including but not limited to time limits for public comment, may be overridden by a majority vote of the Council. Section 6. Council Questions and Debate. Council questions and debate regarding an agenda item during a regular or special Council meeting will occur immediately following citizen input and prior to entertaining any main motion related to the item. Except when raising a point of order at a regular or special Council meeting, Councilmembers seeking to ask questions or participate in debate or discussion will do so only when recognized by the presiding officer. The presiding officer may limit or curtail questions or debate as he or she deems necessary for the orderly conduct of business. City Council Rules of Procedure (May 21, 2019) 7 Section 7. Basic Rules of Order for Regular and Special Council Meetings. The following commonly used rules of order will govern the conduct of City Council business at regular and special Council meetings. Except as specifically noted, all motions require a second. These rules of order are in concept based upon Robert’s Rules of Order Newly Revised and reflect the existing practices of the Council and the requirements of the City Charter and City Code. For example, while a two-thirds vote is necessary for the passage of some of the motions listed below under Robert’s Rules of Order, all motions of the Council, except a motion to go into executive session or a motion to adopt an emergency ordinance, may be adopted upon approval of a majority vote of the members present at a Council meeting, pursuant to Art. II, Sec. 11 of the City Charter. If there is a question of procedure not addressed by these rules, reference may be made to Robert’s Rules of Order for clarification or direction, however, adherence to Robert’s Rules of Order is not mandatory, and, in the event of any conflict between these rules of order and Robert’s Rules of Order, these rules of order shall prevail. In the event of any conflict between these rules of order or Robert’s Rules of Order and a City Charter or City Code provisions, the City Charter or City Code provision shall prevail. Any councilmember and the presiding officer may make or second any motion, except as specifically limited by these rules. MAIN MOTIONS  Main motions are used to bring business before the Council for consideration and action.  A main motion can be introduced only if no other business is pending.  All main motions require a second and may be adopted by majority vote of those Councilmembers present and voting, except that: (1) a motion to go into executive session requires a two-thirds vote of those present and voting and (2) a motion to adopt an emergency ordinance requires the affirmative vote of at least five (5) Councilmembers for approval.  A main motion may be made or seconded by any Councilmember, including the presiding officer.  A main motion is debatable and may be amended. SUBSIDIARY MOTIONS These are motions that may be applied to another motion for the purpose of modifying it, delaying action on it, or disposing of it. 1. Motion to Amend. The point of a motion to amend is to modify the wording - and, within certain limits, the meaning - of a pending motion before the pending motion itself is acted upon.  A motion to amend, once seconded, is debatable and may itself be amended once.  A "secondary amendment," which is a change to a pending "primary amendment," cannot be amended. City Council Rules of Procedure (May 21, 2019) 8  Once a motion to amend has been seconded and debated, it is decided before the main motion is decided.  Certain motions to amend are improper. o For example, an amendment must be “germane” to be an order. To be germane, an amendment must in some way involve the same question that is raised by the motion to which it is applied. o Also, some motions to amend are improper, for example, a motion that would merely make the adoption of the amended question equivalent to a rejection of the original motion, or one that would make the question as amended identical with, or contrary to, one previously decided by the Council during the same session.  “Friendly” amendments acceptable to the maker and the seconder of the main motion do not require a second and are permissible at any time before a vote is taken on motions to amend the main motion. 2. Withdrawal of a Motion. After a motion has been seconded and stated by the presiding officer it belongs to the Council as a whole and the maker may withdraw his or her motion unless one or more members of the Council objects, in which case the majority of the Council must consent to withdrawal of the motion. 3. Motion to Postpone to a Certain Time (or Definitely). This is the motion by which action on an agenda item or a pending motion can be put off to a definite day, meeting or hour, or until after a certain event has occurred.  A motion to postpone definitely can be debated only to the extent necessary to enable the Council to determine whether the main motion should be postponed and, if so, to what date or time.  Similarly, it is amendable only as to the date or time to which the main motion should be postponed. 4. Motion to Lay on the Table. A motion to table is intended to enable the Council to lay the pending question aside temporarily, but only when something else of immediate urgency has arisen.  Adoption of a motion to lay on the table immediately halts the consideration of the affected motion, since a motion to table is neither debatable nor amendable. 5. Motion to Postpone Indefinitely. A motion to postpone indefinitely is, in effect, a motion that the Council decline to take a position on an agenda item or main motion.  Adoption of a motion to postpone indefinitely kills the agenda item or main motion and avoids a direct vote on the item or motion. It is useful in disposing of an item or motion that cannot either be adopted or expressly rejected without undesirable consequences.  A motion to postpone indefinitely is debatable but not amendable. City Council Rules of Procedure (May 21, 2019) 9 6. “Calling the Question”. "Calling the question" may sometimes motivate unanimous consent to end debate. If it does not, however, then debate does not automatically end.  If any member objects to ending the debate, the presiding officer should ask if there is a second to the motion and, if so, he must immediately take a vote on whether to end debate.  A motion to call the question is not debatable or amendable. INCIDENTAL MOTIONS. These are motions that usually apply to the method of conducting business rather to the business itself. 1. Point of Order. If a Councilmember thinks that the rules of order are being violated, he or she can make a point of order, thereby calling upon the presiding officer for a ruling and an enforcement of the regular rules.  A “point of order” takes precedence over any pending question out of which it may arise and does not require a second.  A “point of order” is not amendable.  Technically, a “point of order” is not debatable; however: o With the presiding officer's consent, the member raising the point of order may be permitted to explain his or her point. o In response to a point of order, the presiding officer can either immediately rule, subject to appeal to the Council, or the presiding officer can refer the point of order to the judgment of the Council, in which case the point becomes debatable. o In making his or her ruling, the presiding officer may consult with the City Attorney or request the advice of experienced members of the Council. o No member has the right to express an opinion unless requested to do so by the presiding officer.  When the presiding officer has made a ruling, any two Councilmembers can appeal the ruling (one making the appeal and the other seconding it). o When an appeal is taken, the matter is decided by majority vote of the Council. o A tie vote sustains the decision of the presiding officer.  If a point of order is to be raised, it must be raised promptly at the time the perceived violation of the rules occurs. 2. Point of Information. Robert’s Rules of Order provides for a “point of information” or a “request for information” that is appropriate in the formal setting of a large legislative body. Because Council consideration of an item is generally an opportunity to request information and ask questions, the formal “point of information” procedure provided in Robert’s Rules is not needed or appropriate for City Council meetings. City Council Rules of Procedure (May 21, 2019) 10 3. Motion to Divide a Question. If a motion relating to a single subject contains several parts, each of which is capable of standing as a complete proposition by itself, the parts of the motion can be separated for consideration and voted on as if they were distinct questions by the adoption of a motion for division of the question.  A motion to divide a question, if seconded, takes precedence over the main motion and is not debatable.  The motion to divide must clearly state the manner in which the question is to be divided, and while the motion to divide is pending, another member can propose a different division by moving an amendment to the motion to divide, in which case the amended form of the motion, if seconded, would be decided first.  Often, little formality is involved in dividing a question, and it is arranged by unanimous consent. 4. Motion to Suspend the Rules. When the Council wishes to do something that it cannot do without violating one or more of its regular rules, it can adopt a motion to suspend the rules that interfere with the proposed action.  A motion to suspend the rules can be made at any time that no question is pending and can be applied to any rule except those that are fundamental principles of the City Charter, City Code or other applicable laws.  This motion is neither debatable nor amendable. The presiding officer may suspend the rules by stating his or her desire to do so, unless a Councilmember states an objection. In the event of an objection, a motion, second and approval by a majority vote, as described above, is required. RESTORATIVE MOTIONS These are motions that bring a question again before the Council for its consideration. 1. Motion to Take from the Table. The object of this motion is to take from the table and make pending again before the Council a motion or series of adhering motions that previously had been laid on the table.  A motion to take an item from the table is neither debatable nor amendable.  When a question is taken from the table, it is before the Council with everything adhering to it, exactly as it was when laid on the table. 2. Motion to Reconsider. This motion enables a majority of the Council to bring back for further consideration a motion that has already been voted on.  A motion to reconsider is in order only if made on the same date that the vote to be City Council Rules of Procedure (May 21, 2019) 11 reconsidered was taken, and can be made only by a member who voted with the prevailing side of the vote to be reconsidered.  The purpose of reconsidering a vote is to permit the correction of hasty, ill-advised, or erroneous action, or to take into account added information or a changed situation that has developed since the taking of a vote.  When a member who cannot make a motion for reconsideration believes that there are valid reasons for one, he or she can try, if there is time or opportunity, to persuade someone who voted with the prevailing side to make such a motion.  A motion to reconsider is debatable whenever the motion proposed to be reconsidered was debatable. And, when debatable, opens to debate the merits of the question to be reconsidered.  A motion to reconsider is not amendable.  The effect of the adoption of a motion to reconsider is that the question on which the vote was reconsidered is immediately placed before the Council in the exact position it occupied the moment before it was voted on originally. 3. Motion to Rescind or Amend Something Previously Adopted. By means of the motions to rescind or to amend something previously adopted, the Council can change an action previously taken or ordered.  A motion to rescind or amend something previously adopted is debatable and amendable.  In contrast to a motion to reconsider, there is no time limit on making a motion to rescind or a motion to amend something previously adopted (provided that no action has been taken by anyone in the interim that cannot be undone), and these motions can be moved by any member of the Council, regardless of how he or she voted on the original question.  The effect of passage of this motion is not to place the matter back before the assembly as it was just prior to a vote being taken. o Instead, it either entirely nullifies the previous action or modifies it, depending upon which motion is used. o For that reason, adoption of a motion to rescind or amend something previously adopted should be carefully considered if third parties may have relied to their detriment on the previous action.  In order to modify an adopted resolution or ordinance, Council must adopt a new resolution or ordinance making the desired modification, in compliance with all formalities applicable to adoption of a resolution or ordinance (as applicable). PRIVILEGED MOTIONS These motions are of such urgency or importance that they are entitled to immediate consideration, even when another motion is pending. This is because these motions do not relate to the pending business but have to do with special matters of immediate and overriding importance that should be allowed to interrupt the consideration of anything else, without debate. 1. Motion to Adjourn. Generally, the presiding officer adjourns the meeting at his or City Council Rules of Procedure (May 21, 2019) 12 her discretion at the completion of the agenda. However, any Councilmember may move to adjourn the meeting at any time.  A motion to adjourn requires a second.  A motion to adjourn is always a privileged motion except when the motion is conditioned in some way, as in the case of a motion to adjourn at, or to, a future time. o Such a conditional motion is not privileged and is treated just as any other main motion. o A conditional motion to adjourn at or to a future time is always out of order while business is pending.  An unconditional, privileged motion to adjourn takes precedence over most other motions.  The privileged motion to adjourn is neither debatable nor amendable, while a conditioned motion to adjourn is debatable and may be amended. 2. Motion to Recess. A motion to recess is essentially a motion to take a break during the course of a Council meeting.  A motion to recess must be seconded. o A motion to recess that is made when no question is pending is a main motion and should be treated as any other main motion. o A motion to recess is said to be privileged if it is made when another question is pending, in which case it takes precedence over all subsidiary and incidental motions and most other privileged motions. It is not debatable and is amendable only as to the length of the recess.  After a recess, the meeting resumes when the presiding officer has called the meeting back to order. COUNCIL MEETINGS MEETING RULES/PUBLIC COMMENT ITEM NOTES ITEM NOTES Remote Participation as a Body Council is currently allowed to meet in-person, remotely, or as a hybrid only during COVID for COVID reasons. Code and Rules changes required for non- COVID times or reasons. Sign-up requirement for public comment Would require electronic sign-up by a pre- determined time prior to Council meeting. Sign-up would open once the agenda has posted. Remote Participation as Individuals Individual Councilmembers are currently allowed to opt to participate remotely during COVID and for COVID reasons. Code and Rules changes needed to allow individual Councilmembers to participate remotely in all types of meetings, for any reason. Would include Special meetings and Executive Sessions. *Exceptions to consider include quasi-judicial hearings. Expand public comment to include anything on the agenda and general comments Priority could be given to speakers wishing to comment on agenda items. Remote as Sub- committees Council sub-committees are currently allowed to meet in-person or remotely only during COVID for COVID reasons. Code and Rules changes required for non COVID times or reasons. Put discussion item comments under general public comment time Could make this a requirement and eliminate public comment during discussion items. Would need to consider adequacy of opportunity to comment and exceptions for quasi- judicial or other formal public hearings. Set a time limit on total public comment Would need to consider combined impact with other limits, above. Only allow Councilmembers to pull Consent Items Would need to consider exceptions for quasi- judicial and other formal public hearings and develop standard to guide decisions to pull items. MECHANISM MECHANISM Majority achieved through Council adopted Resolution of Meeting Rules. Recommend minor Code change through Ordinance to define “present” and address other integration into current provisions. Majority achieved through Council adopted Resolution of Meeting Rules with some Code change through Ordinance required to update current Code language. TIMEFRAME TIMEFRAME Could bring forward by mid-late September dependent on public engagement. Could bring forward by mid-late September dependent on public engagement. ATTACHMENT 2 City Clerk 300 LaPorte Avenue PO Box 580 Fort Collins, CO 80522 970.221.6515 970.221.6295 - fax fcgov.com MEMORANDUM DATE: June 3, 2021 TO: Mayor Arndt and City Councilmembers THRU: Darin Atteberry, City Manager Kyle Stannert, Deputy City Manager FROM: Delynn Coldiron, City Clerk RE: Public Comment Procedure Comparison Over the course of the pandemic, the opportunities to participate in public meetings has been expanded with online involvement. This has enhanced public participation and, going forward, there have been questions on how to best leverage this opportunity. At a recent Leadership Planning Team meeting, staff was requested to look at best practices for public participation of peer cities. The purpose of this memo is to provide Council with the information obtained researching each municipality s public comment procedures. We surveyed 36 cities (11 from Colorado). In summary we found: Approximately 18 require public participation sign-up. Sign-up via an online form was most common (usually a phone or email option was provided as well). Some have a limit on the number of speakers allowed. Some prioritize speakers who have not commented within a certain number of meetings. Most have a time limit on public participation ranging from 30-60 minutes total. A few have additional (or all) public participation at the end of the meeting. Additionally, we found that 26 of the cities are still meeting remotely, 8 are using a hybrid approach to meetings and 1 is meeting in-person. A spreadsheet containing more in-depth information related to this is attached. ATTACHMENT 3 CityPublic Participation Sign Up Ahead of Meeting?Technology used for Signups?Limit to Number of Speakers During Public Participation?Limit to Time of Speakers?Remote participation or something different?Is public comment on discussion items the same?Can public pull consent items?NotesBoulderYesOnline form with sign up by certain time prior - names drawn at random if more than 20 sign up202 min each/45 minutes totalAll remoteOnline form for each itemGreeleyNoSubmit comments, questions via email any time leading up to and during meeting/comment during virtual meetingsNoComments submitted via email are read by City ClerkAll remoteOnly Council or staffDenverYesOnline form or sign up by phone with sign up by certain time prior No30 minutes total/3 minutes per speakerAll remoteSign up for public hearings online - 3 minutesThorntonYesOnline formNo60 minutes total/3 minutes per speakerAll remoteSign up for public hearings online - 3 minutesLittletonNoNo3 minutes per speakerSame - also have an agenda item comment form onlineArvadaYes if doing so remotelyOnline form, phone, or emailNo3 minutes per speaker at beginning of meeting and 5 minutes per speaker at endHybridSame YesLongmontNoCan call in only during public comment - no Zoom participation allowedNo3 minutes per speakerAll remoteCan call in only during public comment - no Zoom participation allowedLovelandNoNo3 minutes per speaker unless speaker for 5 or more people, then 10 minutesAll remoteSameOnly Council unless it is quasi-judicial, then any member of the public can pullColorado SpringsNoNo60 minutes total/3 minutes per speakerAll remoteSameYes CityPublic Participation Sign Up Ahead of Meeting?Technology used for Signups?Limit to Number of Speakers During Public Participation?Limit to Time of Speakers?Remote participation or something different?Is public comment on discussion items the same?Can public pull consent items?NotesLakewoodNo but can comment online ahead of meeting in specific place for each agenda item, including public commentMust sign in on roster to speak during regular in-person meetingsNo3 minutes per speaker unless speaker for 3 or more people, then 10 minutesAll remoteSameWestminsterYes if wanting to speak, can also leave voice messages which are played at meetingEmail by noon day of meeting - email response includes link to remote meetingNo5 minutes per speakerAll remoteSameProvo, UTNoNo2 minutes per speakerAll remoteSamePublic can suggest removal, but Council must do soGainesville, FLYes if wanting to speak during regular, in-person meetings, can also leave voice messages which are played at meetingOnline form or in person with ClerkNo30 minutes total/3 minutes per speakerHybridSameOnly Commission membersSee "Welcome Neighbor" - Neighbor's Guide to City MeetingsEugene, ORYes during regular in-person meetings, no during virtual meetings (just call in, raise hand)Form available online or at meeting - submit to staff at meetingNo3 minutes per speakerAll remoteSameTacoma, WAYes during regular in-person meetings, no during virtual meetings (just call in, raise hand)Sign in at meeting, names are called in orderNo5 minutes per speakerAll remoteTypically public comment is for all items on agenda and happens once at beginningOnly Council membersOnce permonth, community forum time (90 sec per speaker) is offered for citizens to talk about any topic CityPublic Participation Sign Up Ahead of Meeting?Technology used for Signups?Limit to Number of Speakers During Public Participation?Limit to Time of Speakers?Remote participation or something different?Is public comment on discussion items the same?Can public pull consent items?NotesGarland, TXNoNo3 minutes per speakerAll remoteMust fill out a speaker card during regular in-person meetingsYesBoise, IDEncouraged for remote participation- those not signed up are allowed to speak after Online linkNo3 minutes per speakerHybridSameYesOlathe, KSYesIn-person, telephone, or email; list posted at least 30 minutes prior to meetingNo30 minutes total/3 minutes per speakerHybridSame; separate list for each public hearing item; 5 minutes per person per itemCouncil member onlyGeneral public comment near end of meetingSanta Rosa, CANo but can comment online ahead of meeting in specific place for each agenda item, including public comment12 speakers selected randomly by Mayor for first public comment section and rest speak at second; all voice messages played during one or the other3 minutes per speakerAll remoteNo limit on number of speakers, 3 minutes per speakerCedar Rapids, IAYesOnline - all must be registered at least two hours before start of meeting then will be sent link info; must sign up on sheet during in-person meetings before meeting start then called in orderNo5 minutes per speakerAll remoteSameCouncil member onlyDenton, TXYesCan submit comments online specific to items or call with comments (can request a call back during the specific agenda item)No4 minutes per speakerAll remoteSamePublic Reports: 7 speakers allowed to pre-register via email or phone (4 minutes each)Santa Barbara, CANoNo30 minutes total/3 minutes per speakerAll remoteSameYes CityPublic Participation Sign Up Ahead of Meeting?Technology used for Signups?Limit to Number of Speakers During Public Participation?Limit to Time of Speakers?Remote participation or something different?Is public comment on discussion items the same?Can public pull consent items?NotesAnaheim, CANoNo3 minutes per speakerHybridSameCouncil member onlyBellevue, WAYesSign up on web page (link provided in agenda online)No (see notes)30 minutes total/3 minutes per speakerAll remoteDoes not appear public can comment beyond the 'oral communications' part of agendaThe total time for oral communications is 30 minutes. If the number of speakers signed up to speak will exceed the 30 minute period, the Mayor is authorized to give preference to (1) persons speaking to items on the meeting agenda or anticipated to come on the agenda within one month and/or (2) to persons who have not spoken to Council in the last quarter. Speakers will be allowed up to three minutes Athens, GAYesOnline form 20 for agenda items/10 for items not on the agenda3 minutes per speaker - 60 minutes for agenda items (beginning of meeting)/30 minutes for non-agenda items (end of meeting)All remoteNo need to register if input is on a zoning public hearing (can be in-person)No CityPublic Participation Sign Up Ahead of Meeting?Technology used for Signups?Limit to Number of Speakers During Public Participation?Limit to Time of Speakers?Remote participation or something different?Is public comment on discussion items the same?Can public pull consent items?NotesIrving, TXYesMust complete speaker's card by 7 PM day of meetingNo30 minutes total/3 minutes per speaker - anyone not heard at beginning go at end and anyone who has spoken within the last 90 days goes lastHybrid5 minutes per speaker for agenda items (must also fill out speaker's card)Council member onlyNorman, OKNot for general commentsNo3 minutes per speaker - at end of agendaAll remoteMust sign up online or by phone for each specific itemLincoln, NENoNo5 minutes per speaker during general comment (cannot be on current or future agenda topics)HybridNo - citizens can speak on public hearing items specifically and on consent items as a whole at beginning of meetingsGeneral public comment only allowed 2 of 4 meetings per month at end of meetingRichardson, TXYesMust submit a public comment card prior to the meeting or when public comment is opened for a public hearingNo5 minutes per speakerIn personSameYesCan also submit a public comment form online Coral Springs, FLYesOnline formNo3 minutes per speakerHybridSameAnn Arbor, MIYesCall beginning at 8 AM day off10 speakers with priority given to those who have not spoken at last 2 meetings and those who want to discuss an agenda item3 minutes per speakerAll remoteCan call in for public hearing itemsAlso general comment time at end of meeting with no advance sign up or limit on number of speakers CityPublic Participation Sign Up Ahead of Meeting?Technology used for Signups?Limit to Number of Speakers During Public Participation?Limit to Time of Speakers?Remote participation or something different?Is public comment on discussion items the same?Can public pull consent items?NotesCharlotteville, VABothOnline form, email, or call16 speakers (8 selected randomly from a list of people signed up in advance and 8 who signed in on first-come, first-served basis) for first public comment section - list of those selected is posted on web page day of meeting3 minutes per speakerAll remoteSign up sheets for public hearingsNo - 2 Council members must want to pull itemAlso general comment time at end of meeting with no advance sign up or limit on number of speakersAsheville, NCYesOnline form or callNo - list of speakers in order posted on webpage day of meeting3 minutes per speaker/60 minutes totalAll remoteOne hour time limit for speakers on public hearingsYesPalo Alto, CAYesSpeaker request cardNo3 minutes per speaker/30 minutes totalAll remoteSameNo - 3 Council members must want to pullPortland, MENoNo60 minutes total/3 minutes per speakerAll remoteSamePublic comment can be reopend at end of meeting by a voteBurbank, CANoCall in during meetingNo3 minutes per speakerAll remoteSame City Council: Meeting Norms and Rules August 31, 2021 ATTACHMENT 4 2Council Questions 1.What questions do Councilmembers have regarding any of the following and what feedback do Councilmembers have about changes to Council’s meeting procedures? 3Background •COVID restrictions and related Emergency Orders operationalized numerous remote meeting and participation mechanisms. •Options no longer as relevant to COVID. •Changes allow continued remote options for: •Accessibility •Efficiency •Health & Safety •Preference Council Participation COVID and Emergency Orders allowed: •Remote participation as a Council body •Remote participation as a Councilmember •Remote meetings of Council Sub-committees 4 Options presented would allow Council the option to utilize any of the above outside of an emergency order. Considerations Change could include Special Meetings and Executive Sessions: •Improved efficiency •Councilmember participation when schedule constrained •Exceptions for quasi-judicial hearings 5 6Meeting Rule Adjustments Public Participation •Sign-up requirement for public comment •Expand public comment to include anything on the agenda and general comments •Put discussion item comments under general public comment time •Ti me allocation for public comment •Only allow Councilmembers to pull Consent Items 7Considerations •Eliminate resident confusion on when to speak to items •Allow residents to speak to any item early in the meeting •Ease of calling speakers names •Can prioritize (if needed) comments related to agenda items •Consent questions heard and answered early in meeting •Change of process, clear standards and expectations needed •Exceptions needed for quasi-judicial/formal hearings •If overall time is limited comments may not be heard 8Council Questions 1.What questions do Councilmembers have regarding any of the following and what feedback do Councilmembers have about changes to Council’s meeting procedures?