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HomeMy WebLinkAboutR-3509-9-171 RESOLUTION NO. 3509-9-17(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, REVISING CERTAIN SECTIONS OF THE CITY COUNCIL RULES OF ORDER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council previously adopted Rules of Order and Procedure; and, WHEREAS, Section 8.1 of the Rules of Order and Procedure requires the City Council to review and revise the Rules as needed, or at a minimum of every two years; and, WHEREAS, upon review, it has been determined that certain sections of the Rules of Order and Procedure need to be revised to be consistent with current City Council policies and procedures. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The City Council Rules of Order and Procedure shall be revised as stated in Exhibit "A." SECTION 2. This Resolution shall become effective immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 12 To DAY OF SEPTEMBER 2017. ATTEST: Sheffey B. Geo�TTY SECRETARY Y APPROVED: Stephen T ell, MAYOR L EXHIBIT"A" CITY COUNCIL RULES OF ORDER AND PROCEDURE City of Allen, Texas Approved by a Vote of the City Council on December 16, 1999, by Resolution No. 1787-12-99(R) Amended June 25, 2002, by Resolution No. 2060-6-02(R) Amended October 25, 2005, by Resolution No. 2450-10-05(R) Amended November 13, 2007, by Resolution No. 2673-11-07(R) Amended September 22, 2009, by Resolution No. 2858-9-09(R) Amended September 22, 2015, by Resolution No. 3330-9-15(R) Resolution No. 3509-9-17(R), Page 2 2. COUNCIL MEETINGS 2.1 REGULAR MEETINGS 2.2 PRE -COUNCIL MEETING WORKSHOPS 2.3 SPECIAL MEETINGS AND EMERGENCY MEETINGS 2.4 ADJOURNED MEETINGS 2.5 EXECUTIVE SESSIONS 2.6 NOTICE OF MEETINGS 2.7 QUORUM 2.8 CHAIR 2.9 ATTENDANCE BY THE PUBLIC 2.10 MINUTES 2.11 ESTABLISHING THE CITY COUNCIL MEETING AGENDA 3. ORDER OF BUSINESS TABLE OF CONTENTS LAUTHORITY ' 1.1 CHARTER 1.2 COUNCIL COMMITTEES 13 COUNCILMEMBER APPOINTMENTS AND ASSIGNMENTS 1.4 MAYOR TO ACT AS COUNCIL CEREMONIAL REPRESENTATIVE 1.5 COUNCILMEMBER PARTICIPATION IN COMMUNITY ACTIVITIES 2. COUNCIL MEETINGS 2.1 REGULAR MEETINGS 2.2 PRE -COUNCIL MEETING WORKSHOPS 2.3 SPECIAL MEETINGS AND EMERGENCY MEETINGS 2.4 ADJOURNED MEETINGS 2.5 EXECUTIVE SESSIONS 2.6 NOTICE OF MEETINGS 2.7 QUORUM 2.8 CHAIR 2.9 ATTENDANCE BY THE PUBLIC 2.10 MINUTES 2.11 ESTABLISHING THE CITY COUNCIL MEETING AGENDA 3. ORDER OF BUSINESS 4. RULES OF CONDUCT 4.1 GENERAL PROCEDURE 4.2 AUTHORITY OF THE CHAIR 4.3 MAYOR TO FACILITATE COUNCIL MEETINGS 4.4 COUNCIL DELIBERATION AND ORDER OF SPEAKERS 4.5 LIMIT DELIBERATIONS TO ITEM AT HAND 4.6 LENGTH OF COUNCIL COMMENTS 4.7 OBTAINING THE FLOOR 4.8 MOTIONS 4.9 PROCEDURES FOR MOTIONS 4.10 VOTING 4.11 NON -OBSERVANCE OF RULE 5. PUBLIC HEARINGS 5.1 3.1 GENERAL ORDER CONTINUANCE OF HEARINGS 3.2 NUMBERING AND INDEXING OF AGENDA ITEMS 5.4 33 PUBLIC RECOGNITION 3.4 CONSENT AGENDA 3.5 ITEMS OF INTEREST/COUNCIL COMMUNICATIONS 3.6 STANDARD ADJOURNMENT 4. RULES OF CONDUCT 4.1 GENERAL PROCEDURE 4.2 AUTHORITY OF THE CHAIR 4.3 MAYOR TO FACILITATE COUNCIL MEETINGS 4.4 COUNCIL DELIBERATION AND ORDER OF SPEAKERS 4.5 LIMIT DELIBERATIONS TO ITEM AT HAND 4.6 LENGTH OF COUNCIL COMMENTS 4.7 OBTAINING THE FLOOR 4.8 MOTIONS 4.9 PROCEDURES FOR MOTIONS 4.10 VOTING 4.11 NON -OBSERVANCE OF RULE 5. PUBLIC HEARINGS 5.1 GENERAL PROCEDURE 5.2 CONTINUANCE OF HEARINGS 53 PUBLIC DISCUSSION AT HEARINGS 5.4 COMMUNICATIONS AND PETITIONS Resolution No. 3509-9-17(R), Page 3 6. ADDRESSING THE CITY COUNCIL 7. COUNCH.MEMBER ADMINISTRATIVE SUPPORT 7.1 MAIL 7.2 CITY COUNCIL CORRESPONDENCE 7.3 CLERICAL SUPPORT 7.4 MASTER CALENDAR 7.5 REQUESTS FOR RESEARCH OR INFORMATION 7.6 CITY COUNCIL NOTIFICATION OF SIGNIFICANT INCIDENTS 8. PROCEDURES ADMINISTRATION 8.1 BIENNIAL REVIEW OF CITY COUNCIL PROCEDURES 8.2 ADHERENCE TO PROCEDURES 8.3 CITY ATTORNEY AS PROCEDURE ADVISOR ' 8.4 APPLICABILITY OF PROCEDURES Resolution No. 3509-9-17(R), Page 4 6.1 STAFF PRESENTATIONS ' 6.2 ORAL PRESENTATIONS BY MEMBERS OF THE PUBLIC 6.3 CITIZENS' COMMENTS 6.4 POWERPOINT PRESENTATIONS 6.5 PUBLIC MEETING APPEARANCE CARDS 6.6 REPETITIOUS COMMENTS PROHIBITED 6.7 WAIVER OF RULES 6.8 NON-EXCLUSIVE RULES 7. COUNCH.MEMBER ADMINISTRATIVE SUPPORT 7.1 MAIL 7.2 CITY COUNCIL CORRESPONDENCE 7.3 CLERICAL SUPPORT 7.4 MASTER CALENDAR 7.5 REQUESTS FOR RESEARCH OR INFORMATION 7.6 CITY COUNCIL NOTIFICATION OF SIGNIFICANT INCIDENTS 8. PROCEDURES ADMINISTRATION 8.1 BIENNIAL REVIEW OF CITY COUNCIL PROCEDURES 8.2 ADHERENCE TO PROCEDURES 8.3 CITY ATTORNEY AS PROCEDURE ADVISOR ' 8.4 APPLICABILITY OF PROCEDURES Resolution No. 3509-9-17(R), Page 4 1. AUTHORITY ' 1.1 CHARTER The City of Allen Charter Sections 2.18 and 2.19 provide that the City Council shall determine its own rules of order of business and procedures for meetings. These shall be in effect upon adoption by the City Council and until such time as amended, suspended or new rules are adopted in the manner provided. 1.2 COUNCIL COMMITTEES At the commencement of the City Council year, the following standing committees and ad hoc committees, each to consist of up to three Councilmembers, shall be recommended for appointment by the Mayor with concurrence through a motion of the full City Council. Committees shall set the schedule for meetings and may hold additional meetings upon request of a committee member or staff member. a. Standing Committees • The Mayor's Committee (membership consisting of the Mayor and the Mayor Pro Tem) which is responsible for review of the City Council meeting agenda prior to posting the final agenda. • The Finance/Audit Committee which reviews the audit of the organization and any recommended changes to the employee pay and classification plan. • The Nominating Committee which reviews applications, interviews candidates and makes recommendations to the City Council on appointments to City Boards and Commissions. b. Ad Hoc Committees ' Ad hoc committees are formed on an as needed basis with a clearly defined purpose and term, as well as reporting requirements. 13 COUNCILMEMBER APPOINTMENTS AND ASSIGNMENTS At the commencement of the City Council year, the Mayor nominates and the City Council confirms Councilmember appointments to outside agencies, committees, task forces, boards and commissions, and liaison appointments. Councilmembers provide a link for representing the values, beliefs and position of the City Council to these entities. The representative will periodically report to the City Council on the activities of these organizations. 1.4 MAYOR TO ACT AS COUNCIL CEREMONIAL REPRESENTATIVE According to Charier Section 2.05, the Mayor has been delegated the responsibility to act as the City Council's ceremonial representative at public events and functions. In the Mayor's absence, the Mayor Pro Tem assumes this responsibility. In both the Mayor's and Mayor Pro Tem's absence, the Mayor will appoint another Councilmember to assume the responsibility. 1.5 COUNCILMEMBER PARTICIPATION IN COMMUNITY ACTIVITIES From time to time, Councilmembers may choose to participate in community activities, committees, events and task forces. When a Councilmember participates in these types of activities, the Councilmember is acting as an interested party rather than acting on behalf of the City Council. Acting or participating on behalf of the City Council is limited to those instances when the City Council has formally designated the Councilmember as its representative for the matter. 2. COUNCIL MEETINGS Resolution No. 3509-9-17(R), Page 5 2.1 REGULAR MEETINGS ' Consistent with Charter Section 2.15, regular meetings of the City Council shall be set by resolution after which time the Council shall meet regularly at least once each month. The meetings are held in the City Council Chambers and begin at 7:00 p.m. a. Other Locations The City Council may, from time to time, elect to meet at other locations and upon such election shall give public notice of the change of location in accordance with provisions of State law. b. Location During Local Emergency If by reason of fire, flood or other emergency, it is unsafe to meet in the City Council Chambers, the meetings may be held for the duration of the emergency at such other place as may be designated by the Mayor or, in the Mayor's absence, by the Mayor Pro Tem or the City Manager. C. Cancellation of Meetings When the day for any regular meeting falls on a legal holiday, the regularly scheduled meeting for such day shall be deemed canceled unless otherwise specified by the City Council. At other times, when the City Council deems appropriate, one or more regular meetings may be canceled by a majority vote of the City Council. 2.2 PRE -COUNCIL MEETING WORKSHOPS Immediately prior to each regular City Council meeting, beginning at 6:00 p.m., the City Council shall conduct a Workshop in order to allow the City Council to informally review items of interest that may be ' scheduled for formal presentation at future City Council meetings, or are strictly informational in nature. The City Council may not take formal action on items presented at the Workshop. 2.3 SPECIAL MEETINGS AND EMERGENCY MEETINGS Consistent with Charter Section 2.15, special meetings may be called at any time by the Mayor or by two or more members of the City Council. The City Secretary shall post notice thereof as provided by State law. Special meetings may be held at any location in the City as long as such meetings are conducted in accordance with State law. hi case of emergency or urgent public necessity which shall be expressed in the notice of the meeting, an emergency meeting may be called by the Mayor or by two members of the City Council, and it shall be sufficient if the notice is posted two hours before the meeting is convened. Diligent effort to notify all Councilmembers shall be made prior to the emergency meeting. (Texas Government Code, Section 551.045) 2.4 ADJOURNED MEETINGS The City Council may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment pursuant to the provisions of the Texas Open Meetings Act. (Texas Government Code, Swim 55 1) 2.5 EXECUTIVE SESSIONS The City Council may meet in Executive Session during any regular or special meeting, or anytime otherwise authorized by State law, to consider or hear any matter which is authorized by State law to be heard or ' considered in Executive Session. a. The City Council may exclude from any such Executive Session any person or persons which it is authorized by State law to exclude from such sessions. Resolution No. 3509-9-17(R), Page 6 b. The general subject matter for consideration shall be expressed in an open meeting before such session is held. 'C. Councilmembers may not reveal the nature of discussion from a closed session unless required by State law. 2.6 NOTICE OF MEETINGS Notice of meetings and the agenda for all City Council meetings shall be posted by the City Secretary on the City's official bulletin board and website pursuant to the requirements of the Texas Open Meetings Act. (Texas Government Code, Section 551) AAL1101011 fO.Illu' Charter Section 2.19 states four members of the seven member City Council shall constitute a quorum to do business and the affirmative vote of a majority of those present shall be necessary to adopt any ordinance or resolution, except as required by City Charter or State law. 2.8 CHAIR Consistent with Charter Section 2.05, the Mayor shall preside at all meetings of the Council. The Mayor may participate in the discussion of all matters coming before the City Council. The Mayor shall be required to vote as a member on legislative and other matters. The Mayor shall have the authority to preserve order at all City Council meetings, to enforce the rales of the City Council and to determine the order of business under the rules of the Council. The Mayor shall also have the power to administer oaths. ' a. Absence of Mayor Pursuant to Charter Section 2.05, the Council shall elect from among the Councilmembers a Mayor Pro Tem who shall act as Mayor during the absence or disability of the Mayor. b. Absence of Mayor and Mayor Pro Tem When the Mayor and Mayor Pro Tem are absent from any meeting of the Council, the members present shall choose another member to act as Mayor Pro Tem and that person shall, for the duration of the meeting, have the powers of the Mayor. 2.9 ATTENDANCE BY THE PUBLIC Pursuant to Charter Section 2.15, all meetings of the City Council shall be open and public in accordance with the terms of provisions of the Texas Open Meetings Act except the Executive Session or closed meetings allowed by State law. Citizens and other visitors attending City Council meetings shall observe the same rules of propriety, decoram and good conduct applicable to members of the City Council. 2.10 MINUTES In accordance with the provisions of Charter Section 2.18 and 2.19, action minutes of City Council meetings will be kept. Action minutes will include final motions with votes. The minutes will also reflect the names of ' public speakers. a. City Council Approval of Minutes Minutes of meetings are generally submitted to the City Council within two weeks for approval. Resolution No. 3509-9-17(R), Page 7 b. Recording of Meetings Video or digital recordings of proceedings are maintained by the City Secretary for six months after ' approval by the City Council. 2.11 ESTABLISHING THE CITY COUNCIL MEETING AGENDA The City Manager shall establish a preliminary City Council meeting agenda based on the policy direction of the Mayor and City Council and specific items of business that require action by the City Council. The City Manager shall review the preliminary agenda with the Mayor's Committee prior to finalizing the final meeting agenda. If an individual Councilmember wants to place an item on the City Council meeting agenda, the written request may be made to the Mayor or by seeking the support of one other Councilmember for the placement of that item on the agenda. The request shall be made prior to the Mayor's Committee meeting where the agenda is finalized. 3. ORDER OF BUSINESS 3.1 GENERAL ORDER City Council meetings will be generally conducted in the following order, unless otherwise specified. An Executive Session may be held at any time during a meeting consistent with applicable State law. WORKSHOPAGENDA CALL TO ORDER AND ANNOUNCE A QUORUM IS PRESENT QUESTIONS ON CURRENT AGENDA ITEMS OF INTEREST ADJOURN TO REGULAR MEETING REGULAR MEET/NG AGENDA CALL TO ORDER AND ANNOUNCE A QUORUM IS PRESENT PLEDGE OF ALLEGIANCE PUBLIC RECOGNITION/CITIZENS' COMMENTS CONSENT AGENDA/APPROVAL OF MINUTES REGULAR AGENDA OTHER BUSINESS EXECUTIVE SESSION (AS NEEDED) ADJOURNMENT 3.2 NUMBERING AND INDEXING OF AGENDA ITEMS All items of any nature shall be numbered consecutively for purposes of consideration on the agenda. Upon passage, the City Secretary shall separately index all ordinances and resolutions. 33 PUBLIC RECOGNITION All special presentations and announcements will be calendared and coordinated through the City Secretary. A period of time, not to exceed fifteen minutes at each City Council meeting, will be set aside for public recognition. 3.4 CONSENT AGENDA ' The Consent Agenda shall contain routine, noncontroversial items that require City Council action but need little or no City Council deliberation. Agenda items removed from the Consent Agenda by the request of Councilmembers or staff will be Resolution No. 3509-9-17(R), Page 8 considered after approval of the entire Consent Agenda. ' 3.5 ITEMS OF COMMUNITY INTEREST / COMMUNICATIONS Members of the City Council have the opportunity to briefly comment and notify others of items community interests including; expressions of thanks, congratulations or condolences; holiday schedule information; an honorary or salutary recognition of a public official, public employee, or other citizen; information about a City organized or sponsored event or other social, ceremonial, or community event; announcements involving an imminent threat to the public health and safety of the citizens that has arisen after the posting of the agenda.. 3.6 STANDARD ADJOURNMENT The City Council establishes 11:30 p.m. as the hour of adjournment and will not continue beyond that time without a majority vote of the City Council. To assist in making the determination to continue an item under consideration, the City Council should find that discussion, deliberation and action on the item could be concluded by 12:00 midnight. If agenda items remain after the 11:30 p.m. adjournment, a special meeting may be scheduled or the items deferred until the next regular meeting. Deferred items will appear first on the regular agenda of the next meeting. 4. RULES OF CONDUCT 4.1 GENERAL PROCEDURE These rules, consistent with the City Charter and any applicable City ordinance, statute or other legal requirement, shall govern the proceedings of the City Council. 4.2 AUTHORITY OF THE CHAIR Subject to appeal to the frill City Council, the Mayor shall have the authority to prevent the misuse of motions, the abuse of any privilege, or the obstruction of the business of the City Council by rating any such matter out of order. In so ruling, the Mayor shall be courteous and fair and should presume that the moving party is acting in good faith. Any member of the City Council may move to require enforcement of the rules, and the affirmative vote of a majority of the City Council shall require the presiding officer to act. 4.3 MAYOR TO FACILITATE COUNCIL MEETINGS In the role of facilitator, the Mayor will assist the City Council in focusing agenda discussions and deliberations. 4.4 COUNCIL DELIBERATION AND ORDER OF SPEAKERS The Mayor has been delegated the responsibility to control the debate and the order of speakers. Speakers will generally be called upon to the order of the request to speak. With the concurrence of the Mayor, a Councilmember holding the floor may address a question to another Councilmember and that Councilmember ' may respond while the floor is still held by the Councilmember asking the question. A Councilmember may opt not to answer a question while another Councilmember has the floor. 4.5 LIMIT DELIBERATIONS TO ITEM AT HAND Resolution No. 3509-9-17(R), Page 9 Councilmembers will limit their comments to the subject matter, time or motion being currently considered by the City Council. ' 4.6 LENGTH OF COUNCIL COMMENTS Councilmembers will govern themselves as to the length of their comments or presentation. As a courtesy, the Mayor will signal by hand to a Councilmember who has been speaking for over five minutes. This procedure is not meant to limit debate or to cut comments short, but rather to assist Councilmembers in their efforts to communicate concisely. 4.7 OBTAINING THE FLOOR Any member of the City Council wishing to speak must first obtain the floor by being recognized by the Mayor. The Mayor must recognize any Councilmember who seeks the floor when appropriately entitled to do so. 4.8 MOTIONS Motions may be made by any member of the City Council, including the presiding officer, provided that before the presiding officer offers a motion, the opportumty for making a motion should be offered to other members of the City Council. Any member of the City Council, other than the person offering the motion, may second a motion. &JEW:I/14l.70 111111302[17.laaC15 Y -C/ ' The following is the general procedure for making motions: a. Before a motion can be considered or debated it must be seconded. b. A Councilmember who wishes to make a motion should do so through a verbal request to the Mayor. C. A Councilmember who wishes to second a motion should do so through a verbal request to the Mayor d. Once the motion has been properly made and seconded, the Mayor shall open the matter for discussion offering the first opportunity to the moving party and, thereafter, to any Councilmember properly recognized by the Mayor. e. Once the matter has been fully discussed and the Mayor calls for a vote, no further discussion will be allowed, provided, however, Councilmembers may be allowed to explain thew vote. When a motion is on the floor and an amendment is offered, the amendment should be acted upon prior to acting on the main motion. No motion of a subject different from that under consideration shall be admitted as an amendment. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be in order. Action shall be taken on the amended amendment prior to any other action to further amend the original motion. ' A motion to continue will leave the motion in its present condition for consideration on a date and time certain. Resolution No. 3509-9-17(R), Page 10 MOTION TO REMOVE ' A motion to remove will take the matter off the agenda and will not be considered by the Council for an indefinite period of time. MOTION TO TABLE A motion to table will delay consideration of the item being discussed by the City Council. A motion to postpone indefinitely will kill or reject the item under consideration. MOTION TO REFER A motion to refer forwards the item under consideration to the named group, committee, or board for further study. MOTION TO LAY ON THE TABLE A motion to lay on the table allows the item to be temporarily set aside under discussion. A motion to take from the table allows the matter to be discussed again and would only be used in conjunction ' with a motion to lay on the table at the same meeting. WITHDRAWAL OF MOTION A withdrawal of motion indicates a motion may be withdrawn or modified by the Councilmember who originally made the motion at any time prior to its passage. If the motion is modified, the Councilmember who seconded the motion may withdraw his/her second. A motion for reconsideration may be made at the same meeting or at the next succeeding meeting following a City Council action, as long as the reconsideration request complies with the requirements of the Texas Open Meetings Act. A motion for reconsideration may only be made by a Councilmember who voted with the majority of the City Council on the action proposed to be reconsidered by the City Council. Any member of the City Council may second a motion for reconsideration. 4.10 VOTING Abstention a. If a Councilmember abstains because of a legal conflict, he/she is not counted as present for quorum purposes and is not deemed to be "voting" for purposes of determining whether there has been a "majority vote of those voting and present." b. When a Councilmember abstains or excuses himself/herself from a portion of a Council meeting because of a legal conflict of interest, the Councilmember must briefly state, on the record, the nature of the conflict. State law requires the inclusion of this information in the public record. Resolution No. 3509-9-17(R), Page 11 Tie Votes ' A tie vote results in a lost motion. In such an instance, any member of the City Council may offer a motion for further action. If there is not an affirmative vote, the result is no action. If the matter involves an appeal and an affirmative vote does not occur, the decision appealed stands as decided by the decision-making person or body from which the appeal was taken. Charter or Statute Voting Requirements Some actions taken by the City Council require more than a simple majority vote of approval as required by either the Charter or State statutes. a. Charter Amendment—Two-thirds Vote An Ordinance submitting a proposed Charter amendment must be adopted by a two-thirds vote of the full City Council. [Texas Local Government Code, Article XI, Section 5, Texas Constitution, Section 9.002(a)] b. Changing Paving Assessment Plan—Two-thirds Vote Changes in plans for paving assessments require a two-thirds vote of the full City Council. (Texas Transportation Code, Section 313.053) C. Protested Changes in Zoning Ordinance — Three-fourths Vote If a proposed change to a zoning regulation or boundary is protested by owners of twenty percent or more of the area of the lots or land included in such proposed change, or of the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet there from, the ' affirmative vote of at least three-fourths of the full City Council is required for the proposed change to take effect. An affirmative vote of at least three-fourths of the full City Council is required to overrule a recommendation of the Planning and Zoning Commission that a proposed change to a zoning regulation be denied. (Texas Local Government Code, Section 211.006(d), Allen Comprehensive Zoning Ordinance) 4.11 NON -OBSERVANCE OF RULE Rules adopted to expedite and facilitate the transaction of the business of the City Council in an orderly fashion shall be deemed to be procedural only, and the failure to strictly observe any such rules shall not affect thejurisdiction of, or invalidate any action taken by, the City Council. 5. PUBLIC HEARINGS 5.1 GENERAL PROCEDURE The City Council procedure for the conduct of Public Hearings is generally as follows: a. Staff presents its report. b. Councilmembers may ask questions of staff. ' C. The applicant or appellant then has the opportunity to present comments, testimony, or arguments. hi the case of an appeal when the appellant is different from the applicant, the appellant should be called upon first to provide comments or testimony. The applicant or appellant shall have a total of fifteen minutes for a presentation when recognized by the Mayor or presiding officer. Resolution No. 3509-9-17(R), Page 12 The initial comments or presentation shall be limited to ten minutes and the rebuttal or concluding comments shall be limited to five minutes. ' d. Councilmembers may ask questions of the applicant and/or appellant. C. The Mayor opens the Public Hearing. f. Members of the public are provided with the opportunity to ask questions or make comments relevant to the matter being heard. All individuals addressing the Council shall state their name and address for the record. g. The Public Hearing is closed. h. The City Council deliberates on the issue. i. If the City Council raises new issues through deliberation and seeks to take additional public testimony, the Public Hearing must be reopened. At the conclusion of the public testimony, the Public Hearing is again closed. j. The City Council deliberates and takes action. k. The Mayor announces the final decision of the City Council. 5.2 CONTINUANCE OF HEARINGS ' Any Public Hearing being held, noticed or ordered to be held by the City Council may, by order, notice or motion, be continued to any subsequent meeting. 5.3 PUBLIC DISCUSSION AT HEARINGS When a matter for Public Hearing comes before the City Council, the Mayor will open the Public Hearing. Upon opening the Public Hearing and before any motion is adopted related to the merits of the issue to be heard, the Mayor shall inquire if there is anyone present who desires to speak on the matter which is to be heard or to present evidence regarding the matter. Public Member Request to Speak Any person wishing to speak at a Public Hearing scheduled on the agenda shall complete a Public Meeting Appearance Card prior to the matter being reached, and present it to the City Secretary. Upon being recognized by the Mayor, the person may speak or present evidence relevant to the matter being heard. No person may speak without fust being recognized by the Mayor. All persons wishing to speak on the matter shall be limited to three minutes each and there shall be a cumulative limit of sixty minutes for all those speaking in favor of an item and a like limit for those speaking in opposition. The time limit may be extended by a majority vote of the City Council. b. Time Limits The Mayor, with the concurrence of the City Council, may alter any of the enumerated time allocations based on the complexity of the item and the number of persons wishing to speak on the item. C. Questions oJSpeakers ' Members of the City Council who wish to ask questions of the speakers or each other during the Public Hearing portion may do so, but only after first being recognized by the Mayor. Interaction with the speaker shall be limited to a question or questions, rather than an ongoing dialogue. Resolution No. 3509-9-17(R), Page 13 it. Materials far Public Record All persons interested in the matter being heard by the City Council shall be entitled to submit written evidence or remarks, as well as other graphic evidence. All such evidence presented will be retained by the City Manager's Office as pan of the record of the hearing, in accordance with the requirements of State law. e. Germane Comments During the Public Hearing, no person will be permitted to speak about matters or present evidence which is not germane to the matter being considered. A determination of relevance shall be made by the Mayor, but may be appealed to the full City Council. 5A COMMUNICATIONS AND PETITIONS Written communications and petitions concerning the subject matter of the hearing will be noted, read aloud, or summarized by the Mayor. A reading in full shall take place if requested by any member of the City Council. 6. ADDRESSING THE CITY COUNCIL 6.1 STAFF PRESENTATIONS Staff presentations will be concise and will provide factual background information on the item as well as a recommendation for the City Council. 6.2 ORAL PRESENTATIONS BY MEMBERS OF THE PUBLIC ' The following procedures will guide oral presentations by members of the public at City Council meetings: a. Prior to the meeting or during the meeting prior to a matter being reached, persons wishing to address the City Council should complete a Public Meeting Appearance Card and present it to the City Secretary. b. When called upon, the person should come to the podium state his/her name and address for the record, and, if speaking for an organization or other group, identify the group represented. C. All remarks should be addressed to the City Council as a whole, not to individual members. d. Questions, if any, should be directed to the presiding officer who will determine whether, or in what manner, an answer will be provided. 63 CITIZENS' COMMENTS This portion of the City Council meeting is set aside for members of the public to address the City Council on any item of business that is not formally scheduled on the agenda or scheduled as a Public Heanng. Members of the public should complete a Public Meeting Appearance Cud prior to the item being heard and present it to the City Secretary. a. Timing Citizens' Comments are generally permitted at the beginning of the regular City Council meeting, as ' specified on the agenda. Presentations shall be limited to three minutes each, but may be extended for an additional two minutes with approval of a majority of the City Council. Citizens' Comments shall be limited to a cumulative total not to exceed fifteen minutes for all speakers. Resolution No. 3509-9-17(R), Page 14 b. City Business Presentations under Citizens' Comments are limited to items within the subject matter jurisdiction of the City. C. No Council Deliberations In compliance with the Texas Open Meetings Act, the City Council may not deliberate or vote on any matter raised in Citizens' Comments, except for the purpose of determining whether such matter should be placed on a future City Council agenda. The Mayor, however, may request the City Manager to provide additional information on a matter of general interest to the full City Council, the public at large and to the citizen making the comment. 6A POWERPOINT PRESENTATIONS Members of the public may present a PowerPoint software presentation to the City Council utilizing the City's audio/visual equipment or their own equipment. a. All PowerPoint presentations must comply with applicable time limits for oral presentations and cumulative time limits. Presentations should be planned with flexibility to adjust to any changes in these time limits. b. All PowerPoint presentations must be submitted to the City Secretary, or appropriate staff, already formatted in PowerPoint no later than noon on the day of the City Council meeting to allow for virus checks and confirm compatibility with City equipment. C. Any disks submitted believed to contain viruses or are unable to be scanned for vimses by City ' equipment will not be permitted to be used on City equipment. d. If compatibility or viruses are at issue, a member of the public may provide a printed hard copy of the PowerPoint presentation to be projected onto the screen via a visual projector during the presentation or may make the PowerPoint presentation on their own equipment. 6.5 PUBLIC MEETING APPEARANCE CARDS Public Meeting Appearance Cards may be used by members of the public who do not wish to or cannot verbally address the City Council during a meeting. A person may indicate his/her comments and support or opposition for an agenda item on a Public Meeting Appearance Card. During the public testimony regarding the item, the Mayor will indicate that the City Council has received written comments from (name of persons) in support of the project or issue and from (name of persons) in opposition. The minutes will reflect the City Council's receipt of written comments in support or opposition of the project or issue. 6.6 REPETITIOUS COMMENTS PROHIBITED a. A speaker shall not present the same or substantially the same items or arguments to the Council repeatedly or be repetitious in presenting their oral comments. Nothing in the foregoing precludes submission of comments to the City Council in writing, for such action or non -action as the Council, in its discretion, may deem appropriate. b. In order to expedite matters and to avoid repetitious presentations, the designation of a spokesperson is encouraged. Whenever any group of individuals wishes to address the Council on the same subject matter, those individuals are encouraged to designate a spokesperson to address the City Council. With the consent of the City Council, the Mayor may extend the time allocation for a designated spokesperson. Resolution No. 3509-9-17(R), Page 15 6.7 WAIVER OF RULES ' Any of the foregoing rules may be waived or suspended by a majonty vote of the Councilmembers present when it is deemed that there is good cause to do so, based upon the particular facts and circumstances involved. 6.8 NON-EXCLUSIVE RULES The miles set forth are not exclusive and do not limit the inherent power and general legal authority of the City Council, or of its presiding officer, to govern the conduct of City Council meetings as may he considered appropriate from time to time, or in particular circumstances, for purposes of orderly and effective conduct of the affairs of the City. 7. VA=0 rA09 k91172O,It I All general mail will be opened and date stamped and distributed to individual Councilmembers. a. Letters Addressed to the Mayor and City Council All letters addressed to the Mayor and City Council requiring a response from staff is copied to all Councilmembers with a note as to which staff person will be preparing a response for the Mayor's signature. A copy of the response, along with the original letter, will be provided to each Councilmember. ' Letters addressed to the Mayor and City Council that do not require a response but provide information on City Council agenda items or like matters are copied to the full City Council. b. Letters Addressed to Individual Councilmembers All letters addressed to individual Councilmembers requiring a response from staff are copied to all Councilmembers with a note as to which staff person will be preparing a response for the addressee's signature. Copies of the responses, along with the original letters, are provided to the full City Council. Letters addressed to individual Councilmembers that do not require a response from staff but provide information on City Council matters are copied to the full City Council. Cards and other Councilmember mail marked "personal" will not be opened and will not be copied to the full City Council. 7.2 CITY COUNCIL CORRESPONDENCE All Councilmember correspondence prepared with City resources (letterhead, typing, staff support, postage, etc.) will reflect the position of the full City Council, not individual Councilmember's positions. Personal Correspondence City Councilmembers will be provided individual stationery and envelopes to use for official communications reflecting their individual position as a Councilmember. 73 CLERICAL SUPPORT ' The City Manager's Office will coordinate the typing of correspondence requested by individual Councilmembers. All correspondence typed for Councilmembers will be on City letterhead and will reflect the position of the full City Council and will be copied to the full City Council. Resolution No. 3509-9-17(R), Page 16 7.4 MASTER CALENDAR ' A master calendar of City Council events, functions or meetings will be maintained by the City Secretary's Office and provided to the full City Council. Functions, events or meetings to be attended by individual Councilmembers will only be included on the master calendar at the request of individual Councilmembers. 7.5 REQUESTS FOR RESEARCH OR INFORMATION Councilmembers may request information or research from staff on a given topic through the City Manager. Requests for policy direction will be brought to the full City Council at a regular meeting for consideration. All written products will be copied to the full City Council. The City Manager will determine if extensive staff time and resources are required to accomplish the request. If so, at his/her discretion, the City Manager may present that request to the full City Council prior to proceeding. Councilmembers may similarly request information from the City Attorney, City Secretary and Municipal Judge. I£ significant resources are required, the City Attorney, City Secretary or Municipal Judge will ask the City Manager to place the request on a City Council agenda for approval prior to any action. 7.6 CITY COUNCIL NOTIFICATION OF SIGNIFICANT INCIDENTS In conjunction with the City's public safety departments and the Public and Media Relations Officer, the City Manager's Office will coordinate the notification to the City Council of major crime, fire or other disasters or incidents. ' 8. PROCEDURES ADMINISTRATION 8.1 BIENNIAL REVIEW OF CITY COUNCIL PROCEDURES The City Council will review and revise the City Council Rules of Order and Procedure as needed, and at a minimum, every two years. 8.2 ADHERENCE TO PROCEDURES During City Council discussions, deliberations and proceedings, the Mayor has been delegated the primary responsibility to ensure that the City Council, staff and members of the public adhere to the Council's adopted procedures. 8.3 CITY ATTORNEY AS PROCEDURE ADVISOR The City Attorney assists the Mayor and City Council as a resource and as an advisor for interpreting the City Council's adopted rules and procedures. 8.4 APPLICABILITY OF PROCEDURES The City Council Rules of Order and Procedures shall also apply to the City Council when sitting as other entities or agencies. The role of Mayor and Mayor Pro Tem shall be interchangeable with the Chair and Vice Chair, or President and Vice President when sitting as another entity. Resolution No. 3509-9-17fR), Page 17