Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/20/2015 - RESOLUTION 2015-091 ADOPTING AMENDED RULES OF PROCAgenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY October 20, 2015 City Council STAFF Tom Leeson, Interim Director, Comm Dev & Neighborhood Svrs SUBJECT Resolution 2015-091 Adopting Amended Rules of Procedure Governing the Conduct of City Council Meetings and Council Work Sessions. EXECUTIVE SUMMARY The purpose of this item is to amend the rules of procedure for City Council meetings for review of Additional Permitted Uses and Rezonings of 640 acres or less. The amended rules also provide for the order of items for special Council meetings. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Addition of Permitted Use Process On September 1, 2015 City Council amended the approval process for Additional Permitted Uses (APU) by requiring any application for an APU to be determined by City Council after a recommendation from the Planning and Zoning Board. Currently the Rules of Procedure governing City Council hearings do not address how the Council should conduct quasi-judicial hearings on rezonings of no more than 640 acres or APU applications. This Resolution will establish the rules of procedures for such quasi-judicial hearings. At the October 6, 2015, City Council Work Session, three procedural options were presented for the review of APUs and certain rezonings. Based on the Council’s Work Session discussion, staff is presenting for Council consideration a resolution based on the procedures outlined in the Work Session materials as Option B, which provided a variation to a basic hearing procedure that eliminates the ability for either party (applicant or public) to provide rebuttal. The order of proceedings in Option B is: 1. Staff Presentation 2. Applicant Presentation 3. Public Testimony in Support or Opposition Council further directed staff to add a fourth step in the order of proceedings to allow for clarification questions to be asked by Council of the staff, applicant, or public. Resolution 2015-090 reflects that direction. The process as proposed in the Resolution also provides for resolution of procedural issues as an initial step. Agenda Item 15 Item # 15 Page 2 Special Council Meeting Procedures Due to the narrow focus of a Special Council meeting, the procedures are being amended to streamline the process. ATTACHMENTS 1. Work Session Summary, October 6, 2015 (PDF) ATTACHMENT 1 - 1 - RESOLUTION 2015-091 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING AMENDED RULES OF PROCEDURE GOVERNING THE CONDUCT OF CITY COUNCIL MEETINGS AND COUNCIL WORK SESSIONS WHEREAS, the City Council has previously adopted certain Rules of Procedure Governing the Conduct of City Council Meetings (the “Rules of Procedure”), which Rules of Procedure have been amended from time to time by the Council; and WHEREAS, the City Council wishes to further amend the Rules of Procedure to give greater clarity to order of business for Special Council Meetings; and WHEREAS, the Council has discussed multiple times in recent months the process for approvals by Council of Additions of Permitted Uses (“APUs”) and rezonings for areas six hundred forty acres or fewer in size (“Rezonings”) and has requested that revised Rules be presented to specify more clearly the manner in which the presiding officer will conduct these types of items for Council consideration at Council meetings; and WHEREAS, the Rules of Procedure are intended to promote the orderly and efficient conduct of the meetings; and WHEREAS, the City Council believes that such regulations are in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following revised Rules of Procedure Governing the Conduct of City Council Meetings and Work Sessions are hereby adopted by the City Council: Section 1. Order of Business for Regular or Special Council Meetings. a. Council business at regular or special Council meetings shall be conducted in the following order (except as provided in Subsection 1.bc, 1.d or Subsection 1.ce, below): Proclamations and Presentations. (Prior to the meeting) Pledge of Allegiance Call Meeting to Order Roll Call City Manager’s Agenda Review Opportunity for City Council to Pull Consent Items Opportunity for Citizens to Pull Consent Items Citizen Participation Citizen Participation Follow-up - 2 - Consent Calendar Consent Calendar Follow-up Staff Reports Councilmember Reports Council-Pulled Consent Items Items Needing Individual Consideration Citizen-Pulled Consent Items Other Business Adjournment b. Council business at special Council meetings shall be conducted in the following order (except as provided in Subsection 1.c, 1.d or 1.e, below): Pledge of Allegiance Call Meeting to Order Roll Call Citizen Participation Citizen Participation Follow-up Items Needing Individual Consideration Other Business Adjournment bc. Appeals to Council shall be conducted in accordance with Division 3 of Article II of Chapter 2 of the Code of the City of Fort Collins. d. Addition of a Permitted Use applications pursuant to Land Use Code Section 1.3.4(c)(3) and rezonings of land with an area of six hundred forty acres or less (“Quasi- judicial Rezonings”), pursuant to Land Use Code Section 2.9.4, shall be conducted as follows subject to such limitations in time and scope as may be imposed at the discretion of the presiding officer: (1) Consideration of any procedural issues; (2) Explanation of the application by City staff; (3) Presentation by the applicant; (4) Public testimony regarding the application; (5) Councilmember questions of City staff, the applicant and other commenters; and (6) Motion, discussion and vote by the City Council. ce. Procedures for conduct of protest hearings or other types of special proceedings by the Council shall be established by the presiding officer and shall comply with any applicable legal requirements. - 3 - 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. 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 which has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which 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); (2) matters that are the subject of a board or hearing officer decision that will be appealable to the Council, if a submittal has been made to initiate the decisionmaking process. b. Comment on Agenda Items. Citizen input will be received with regard to: (i) each item on the discussion agenda; (ii) each item pulled from the consent agenda; and (iii) 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. Such citizen input will be permitted only once per item regardless of the number of motions made during Council’s consideration of the item. - 4 - 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 ask 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. Section 4. Public Conduct During Regular and Special Council Meetings and Work Sessions. a. Expressions of Support or Opposition. Members of the audience 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. 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”). Such signs or props must be held directly in front of one's body so as not to impede the view of others. 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. Signs or props may not be left unattended anywhere in the Meeting Room or City Hall lobby area. Signs or props attached to sticks, poles, or other objects are prohibited. - 5 - 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 seated, standing in a side aisle, or standing in the back of the Meeting Room behind all seated persons. 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. 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 based upon Robert’s Rules of Order Newly Revised and have been modified as necessary to conform to existing practices of the Council and to the requirements of the City Charter. 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 shall not be 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 - 6 - 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.  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 - 7 - 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 a 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. 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 which 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. - 8 -  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 can 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” which 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. 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. - 9 -  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. 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 which has already been voted on.  A motion to reconsider is in order only if made on the same date that the vote to be 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 - 10 - 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 ordinance, Council must adopt a new ordinance making the desired modification, in compliance with all formalities applicable to adoption of an ordinance. 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 which, without debate, should be allowed to interrupt the consideration of anything else. 1. Motion to Adjourn. Generally the presiding officer adjourns the meeting at his or 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 - 11 - 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. Section 2. That the foregoing Rules of Procedure shall supersede all previous rules of procedure that have heretofore have been adopted by the City Council including, Resolution 2015-023. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 20th day of October, A.D. 2015. _________________________________ Mayor ATTEST: _____________________________ City Clerk