HomeMy WebLinkAbout170-20 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 170-20
File Number: 2020-0159
AMEND RULES OF ORDER AND PROCEDURE: THIS ITEM WAS TABLED TO THE
JULY 7TH CITY COUNCIL MEETING PER CITY ATTORNEY'S KIT WILLIAMS
MEMOS DATED JUNE 5, 2020 AND JUNE 15, 2020
A RESOLUTION TO AMEND THE RULES OF ORDER AND PROCEDURE OF THE
FA YETTEVILLE CITY COUNCIL TO REQUIRE THE PUBLIC TO SIGN IN TO SPEAK, TO
LIMIT CITY STAFF AND APPLICANTS' PRESENTATION TIME TO TEN MINUTES EACH,
TO ONLY ALLOW PUBLIC COMMENT FOR AMENDMENTS BY CITY COUNCIL
APPROVAL, AND TO MAKE OTHER CHANGES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends §A. City
Council Meetings 7.d(1) Presentation by Staff and Applicants by changing its title to "Overview
Period" and by adding a final sentences as follows: "City staffs presentation and an Applicant's
presentation whether presented by one or more than one presenter shall each be limited to a maximum
often (10) minutes unless the City Council by unanimous consent or majority vote allows additional
time."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals §A. City Council
Meetings 7.1(2) Public Comments and enacts a replacement (2) Public Comments as follows:
"(2) Public Comments. Public Comments at a City Council Meeting shall be allowed for all
members of the audience who have signed up prior to the beginning of the agenda item they wish to
address being opened for public comment. Speakers shall be limited to a maximum of five (5) minutes
to be broken into segments of three and two minutes. Amendments may receive public comments only
Page 1 Printed on 6117120
Resolution: 170-20
File Number: 2020-0159
if approved by the City Council by unanimous consent or majority vote. If public comment is allowed
for an amendment, speakers will only be allowed to speak for three (3) minutes. The City Council may
allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or
majority vote."
PASSED and APPROVED on 6/16/2020
Attest:
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Kara Paxton, City Clerk Treasurer = 4.: (f .
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Page 2 Punted on 0117120
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
—�� (479) 575-8323
i Text File
File Number: 2020-0159
Agenda Date: 6/16/2020 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Resolution
Agenda Number: B. 1
AMEND RULES OF ORDER AND PROCEDURE: THIS ITEM WAS TABLED TO THE JULY
7TH CITY COUNCIL MEETING PER CITY ATTORNEYS KIT WILLIAMS MEMOS DATED
JUNE 5, 2020 AND JUNE 15, 2020
A RESOLUTION TO AMEND THE RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE
CITYCOUNCIL TO REQUIRE THE PUBLIC TO SIGN IN TO SPEAK, TO LIMIT CITY STAFF AND
APPLICANTS' PRESENTATION TIME TO TEN MINUTES EACH, TO ONLY ALLOW PUBLIC
COMMENT FOR AMENDMENTS BY CITY COUNCIL APPROVAL, AND TO MAKE OTHER
CHANGES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends §A. City Council
Meetings 7.d(1) Presentation by Staff and Applicants by changing its title to "Overview Period" and by
adding a final sentences as follows: "City staffs presentation and an Applicant's presentation whether presented
by one or more than one presenter shall each be limited to a maximum of ten (10) minutes unless the City
Council by unanimous consent or majority vote allows additional time."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals §A. City Council
Meetings 7.1(2) Public Comments and enacts a replacement (2) Public Comments as follows:
"(2) Public Comments. Public Comments at a City Council Meeting shall be allowed for all members of
the audience who have signed up prior to the beginning of the agenda item they wish to address being opened
for public comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of
three and two minutes. Amendments may receive public comments only if approved by the City Council by
unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be
allowed to speak for three (3) minutes. The City Council may allow both a speaker additional time and an
unsigned -up person to speak by unanimous consent or majority vote."
City of Fayetteviffe, Arkansas Page 1 Printed on 611712020
Legistar ID No.:
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AGENDA REQUEST FORM
FOR: Council Meeting of March 3, 2020
FROM: Council Member Matthew Petty
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A RESOLUTION TO AMEND THE RULES OF ORDER AND PROCEDURE OF THE
FAYETTEVILLE CITY COUNCIL TO LIMIT PUBLIC COMMENTS TO THREE MINUTES
EACH AND RECOGNIZE THE STATUTORY READING REQUIREMENT FOR
ORDINANCES MAY BE DISPENSED WITH A SINGLE MOTION TO SUSPEND OR
DISPENSE WITH THE RULE
APPROVED FOR AGENDA:
-� D cCl -
City iZouncil Memb r
Matthew Petty
f
City Attorney Kit Williams
Approved as to form
Date
m1 l / z c,
Date
29 ORDINANCES OF MUNICIPALITIES 14-55-203
14-55-202. Reading requirement.
(a) All bylaws and ordinances of a general or permanent nature shall
be fully and distinctly read on three (3) different days unless two-thirds
ON of the members composing the municipal council shall dispense
with the rule.
(b) In a city with a population of less than fifteen thousand (15,000)
persons in the most recent federal decennial census, if the ordinance
under consideration has been submitted to and approved by the electors
of the municipality and is being amended, repealed, or otherwise
altered by the municipal council, then the ordinance shall be fully and
distinctly read on three (3) different days not less than twenty-eight
(28) days apart.
History. Acts 1875, No. 1, § 86, p. 1; C.
& M. Dig., § 7502; Pope's Dig., § 9562;
A.S.A. 1947, § 19-2402; Acts 2017, No.
1052, § 1.
Amendments. The 2017 amendment
added the (a) designation; and added (b).
CASE NOTES
Resolutions.
Annexation of lands from a city to a
municipality, at the request of the lands'
owners, was not invalid due to a failure to
read the annexation resolutions on three
different days or to publish the resolutions
because (1) the resolutions were not gen-
eral, as the resolutions encompassed only
annexed areas, and (2) the resolutions
were not permanent, as the resolutions
were terminable without repeal. City of
Rockport v. City of Malvern, 2012 Ark.
445, 424 S.W.3d 870 (2012).
14-55-203. Voting requirements for passage — Effective dates
(a) On the passage of every bylaw, ordinance, resolution, or order to
enter into a contract by the council of any municipal corporation, the
yeas and nays shall be called and recorded.
(b) To pass any bylaw, ordinance, resolution, or order, a concurrence
of a majority of a whole number of members elected to the council shall
be required.
(c)(1)(A) The effective dates for ordinances of a general or permanent
nature and other local measures of a general or permanent nature of
cities of the first class, cities of the second class, and incorporated
towns shall be upon publication or posting as is otherwise required by
law, but not before ninety-one (91) days after passage by the govern-
ing body of the city or town.
(B) In the event that the governing body of the city or town has by
ordinance fixed the deadline for filing referendum petitions upon
ordinances or other local measures at not less than thirty (30) days
nor more than ninety (90) days after passage of an ordinance or
measure, then the effective date shall be the day next following the
deadline fixed in the ordinance.
(C) An ordinance containing an emergency clause shall go into
effect immediately upon passage or at the time specified by the
emergency clause, regardless of publication or posting, but an emer-
Rules of Order and Procedure
of the Fayetteville City Council
Last Revised 01.02/2018 by Resolution # 29-18
Adopted 01/07/2020 by Resolution # 01-20
Page - 2 - of 12
considered, Government Channel announcements and presentation, and agenda copies available at
City Council meetings.
7. Presentation of Agenda Items at City Council Meetings
a. Agenda Items not Included Within the Tentative Agenda Packet.
(1) Staff Agenda Items. If the City staff requests to "walk-on" an agenda item for the City
Council Agenda during the City Council Agenda Session, the memo from the City staff
shall begin with a clear and compelling reason why this proposed agenda item could not
have been included within the Tentative Agenda and cannot wait for City Council
consideration at a later City Council meeting. Any member of the City Council including
the Mayor can then place this item on the Final Agenda.
(2) Council Member Agenda Items. Council Members should also strive to include any
agenda item a Council Member wishes the City Council to consider within the Tentative
Agenda. If that is not possible, the Council Member should explain during the Agenda
Session why the proposed agenda item should be included in the Final Agenda rather than
postponed to the next meeting. Any member of the City Council including the Mayor can
then place this item on the Final Agenda."
b. Agenda Additions. A new item which is requested to be added to the agenda at a City Council
meeting should only be considered if it requires immediate City Council consideration and if
the normal agenda setting process is not practical. The City Council may only place such new
item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such
agenda addition shall be heard prior to the Consent Agenda.
c. Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group
without discussion by the City Council. If a Council Member wishes to comment upon or
discuss a Consent Agenda item that item shall be removed and considered immediately after the
Consent Agenda has been voted upon.
d. Unfinished Business and New Business
(1) Presentations by Staff and Applicants Agenda items at a City Council meeting shall be
introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall
then present a report. An agenda applicant (city contractor, rezoning or development
applicant, etc.) may present its proposal only during this presentation period, but may be
recalled by a Council Member later to answer questions. City staff, Council Members and
applicants may use electronic visual aids in the City Council meeting as part of the
presentation of the agenda item.
(2) Public Comments. Public comment at a City Council meeting shall be allowed for all
members of the audience on all items of unfinished and new business and subjects of
J f✓e��e-
Rules of Order and Procedure
of the Fayetteville City Council
Last Revised 01/02/2018 by Resolution N 29-18
Adopted 01/07/2020 by Resolution # 01-20
Page - 3 - of 12
public hearings. Speakers shall be limited to a maximum of (5) five minutes so that all
other citizens desiring to speak on that agenda item or a later item will not be
unnecessarily inconvenienced. By a majority vote of the Council Members present and
voting, this time limitation may be altered for a specific agenda item.
A simple majority of the Council Members, present and voting, may authorize a
representative of a Fayetteville citizens' group opposing the ordinance or resolution to
present an electronic visual aid not to exceed five minutes, but no other electronic visual
aid presentations will be allowed; however, the public may submit photos, petitions, etc.
to be distributed to the City Council. If a member of the public wishes for the City Clerk
to distribute materials to the City Council before its meeting, such materials should be
supplied to the City Clerk's office no later than 9:00 A.M. on the day of the City Council
meeting.
Any member of the public shall first state his or her name and address, followed by a
concise statement of the person's position on the question under discussion. Repetitive
comments should be avoided; this applies to comments made previously either to the City
Council or to the Planning Commission when those Planning Commission minutes have
been provided to the City Council. All remarks shall be addressed to the Mayor or the
City Council as a whole and not to any particular member of the City Council. No person
other than the Council Member and the person having the floor shall be permitted to enter
into any discussions without permission of the Mayor. No questions shall be directed to
a Council Member or city staff member except through the Mayor.
e. Courtesy and Respect. All members of the public, all city staff and elected officials shall
accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or
derogatory remarks, reflections as to integrity, abusive comments and statements about motives
or personalities. Any member of the public who violates these standards shall be ruled out of
order by the Mayor, must immediately cease speaking and shall leave the podium.
8. Smokine Prohibited.
There will be no smoking allowed in the City Council Chambers during City Council meetings.
9. Cell Phones and Papers.
Cell phones must be turned off or put in silent mode and not used within the City Council Chambers
during City Council meetings. Pagers must be turned off or put in silent mode within the City
Council Chambers during City Council meetings. These restrictions also apply during Agenda
Sessions.
�.�(rrA 1LJk-
D. PROCEDURES AND PARLIAMENTARY RULES
1. Agenda
Rules of Order and Procedure
of the Fayetteville City Council
Last Revised 01/02/2018 by Resolution # 29-18
Adopted 01/07/2020 by Resolution # 01-20
Page- 6-of12
The City Council's agenda order shall be coordinated by the Mayor. All items for discussion or
action at the regular council meeting shall be included in a Tentative Agenda provided to City
Council prior to an Agenda Session where the City Council shall determine the final arrangement
of the Agenda. Any item the Mayor or a Council Member wishes to include on the Final Agenda
that was not included on the Tentative Agenda may only be added to the Final Agenda during the
Agenda Session. At the regular meeting of the City Council, the Council, by majority vote, may
rearrange the order of the Agenda. An item may be added to the Agenda at the City Council
meeting only by a Motion to Suspend the Rules.
2. Precedence of Motions
The City Council shall follow the precedence and classification of motions as given in the most
recent edition of the Arkansas Municipal League's `Procedural Rules for Arkansas Municipal
Officials.' In the event a matter is not covered by the `Procedural Rules for Arkansas Municipal
Officials,' the most recent edition of Robert's Rules qL Order shall apply. On questions of appeal,
a majority of those present is required to overturn a ruling by the chair."
3. Motions to be Stated by the Chair/Withdrawal
When a motion is made and seconded, it shall be stated by the Mayor before debate. After being
stated by the Mayor, a motion may not be withdrawn by the mover without the consent of the
member seconding it and approval of the City Council.
4. Reconsideration
After the decision of any question, any member of the prevailing side may request a reconsideration
of any action at the same or the next succeeding meeting; provided, however, that a resolution
authorizing or relating to any contract may be reconsidered at any time before final execution
thereof. A motion to reconsider requires a simple majority for passage. After a motion for
reconsideration has once been acted on, no other motion for reconsideration thereof shall be made
without unanimous consent.
5. Readings
All ordinances shall be read aloud at three different meetings unless the City Council votes to
suspend the rules.
The following guidelines for reading ordinances are recommended:
4
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
TO: Mayor Jordan
City Council
CC: Susan Norton, Communications Director
FROM: Kit Williams, City Attorney ` 't
DATE: February 26, 2020
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Jodi Batker
Paralegal
RE: Additional time limitation proposals for Rules of Order and Procedure of
the City Council
Pursuant to comments and requests made at the Agenda Session yesterday
afternoon, I have drafted a possible amended Resolution incorporating the other
changes suggested by the City Council. This amended Resolution is attached for
your review and may be included within the Final Agenda Packet.
The new changes suggested by the City Council would (in addition to the
currently proposed changes):
(1) Limit presentations by the agenda applicant to ten minutes unless
extended by unanimous consent of the City Council;
(2) Allow a public speaker additional time by unanimous consent or
majority vote.
If these changes are what you would like to incorporate into your Rules
of Order and Procedure, then someone needs to request the current proposal
be amended to this amended Resolution when this agenda item is read by
Mayor Jordan. Please let me know if there are any problems with or needed
changes to this newly proposed amended Resolution.
RESOLUTION NO.
A RESOLUTION TO AMEND THE RULES OF ORDER AND PROCEDURE OF THE
FAYETTEVILLE CITY COUNCIL TO LIMIT APPLICANT PRESENTATIONS TO TEN
MINUTES, PUBLIC COMMENTS TO THREE MINUTES EACH AND RECOGNIZE THE
STATUTORY READING REQUIREMENT FOR ORDINANCES MAY BE DISPENSED
WITH A SINGLE MOTION TO SUSPEND OR DISPENSE WITH THE RULE
WHEREAS, permitting five minutes for all members of the public to speak about an agenda item
has resulted in numerous lengthy meetings requiring some members of the public to wait until
midnight or later to speak to an issue being considered by the City Council; and
WHEREAS, shortening the time limit from five minutes to three minutes would allow all
members of the public a better and more reasonable opportunity to express their support,
opposition, or concerns relating to agenda items being considered by the City Council; and
WHEREAS, state law allows "two-thirds (2/3) of the members composing the municipal council
(to) ..... dispense with the rule" requiring ordinances to "be fully and distinctly read on three (3)
different days"; and
WHEREAS, some uncontroversial ordinances should be able to be moved to their final reading
by a single motion to suspend or dispense with the rule rather than the two motions the City Council
has used for over a quarter century.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends A.7.d (2)
Public Comments by amending the five minute limitation for public speakers to three minutes
and by repealing its last sentence and replacing it with the following: `By unanimous consent or
a majority vote of the Council Members present and voting, this time limitation may be altered for
the speaker on this specific agenda item."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends A.7.d. (1)
by repealing and deleting its third sentence and replacing it with a new third sentence as follows:
"An agenda applicant (contractor, rezoning or development applicant, etc.) may present its
proposal only during this presentation period, is limited to a ten minute presentation unless
extended by the unanimous consent of the City Council, but may be recalled later by a City Council
Member to answer questions."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends D.S.
Readings by adding a sentence after "All ordinances shall be read aloud at three different meetings
unless the City Council votes to suspend the rule," as follows: "The City Council may suspend or
dispense with rule and move immediately to the final reading (without first moving to the second
reading) by moving to "dispense with rule and move to the final reading."
PASSED and APPROVED this 3`d day of March, 2020.
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ATTEST:
ER K : jiQF �•
By:
KARA PAXTON, City Clerk/Treasurer : YE�EVILLE ;
9sy9 gNSPS
"l%N� COP
GRules of Order and Procedure
of the Fayetteville City Council
Last Reviscd 01,02/201 it by Resolution # 29-1 S
Adopted 01/07/2020 by Resolution # 0 1 -20
Page - 2 - of 12
considered, Government Channel announcements and presentation, and agenda copies available at
City Council meetings.
7. Presentation of Agenda Items at City Council Meetings
a. Agenda Items not Included Within the Tentative Agenda Packet.
(l) Staff Agenda Items. If the City staff requests to "walk-on" an agenda item for the City
Council Agenda during the City Council Agenda Session, the memo from the City staff
shall begin with a clear and compelling reason why this proposed agenda item could not
have been included within the Tentative Agenda and cannot wait for City Council
consideration at a later City Council meeting. Any member of the City Council including
the Mayor can then place this item on the Final Agenda.
(2) Council Member Agenda Items. Council Members should also strive to include any
agenda item a Council Member wishes the City Council to consider within the Tentative
Agenda. If that is not possible, the Council Member should explain during the Agenda
Session why the proposed agenda item should be included in the Final Agenda rather than
postponed to the next meeting. Any member of the City Council including the Mayor can
then place this item on the Final Agenda."
b. Agenda Additions. A new item which is requested to be added to the agenda at a City Council
meeting should only be considered if it requires immediate City Council consideration and if
the normal agenda setting process is not practical. The City Council may only place such new
item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such
agenda addition shall be heard prior to the Consent Agenda.
c. Consent Agenda Consent Agenda items shall be read by the Mayor and voted upon as a group
without discussion by the City Council. If a Council Member wishes to comment upon or
discuss a Consent Agenda item that item shall be removed and considered immediately after the
Consent Agenda has been voted upon.
d. Unfinished Business and New Business.
(1) Presentations by Staff and Applicants Agenda items at a City Council meeting shall be
introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall
then present a report. An agenda applicant (city contractor, rezoning or development
applicant, etc.) may present its proposal only during this presentation period, but may be
recalled by a Council Member later to answer questions. City staff, Council Members and
applicants may use electronic visual aids in the City Council meeting as part of the
presentation of the agenda item.
(2) Public Comments. Public comment at a City Council meeting shall be allowed for all
members of the audience on all items of unfinished and new business and subjects of
Rules of Order and Procedure
of the Fayetteville City Council
Last Revised 01/02/2018 by Resolution # 29-18
Adopted 01/07/2020 by Resolution # 01-20
Page -3-of12
public hearings. Speakers shall be limited to a maximum of (5) five minutes so that all
other citizens desiring to speak on that agenda item or a later item will not be
unnecessarily inconvenienced. By a majority vote of the Council Members present and
voting, this time limitation may be altered for a specific agenda item.
A simple majority of the Council Members, present and voting, may authorize a
representative of a Fayetteville citizens' group opposing the ordinance or resolution to
present an electronic visual aid not to exceed five minutes, but no other electronic visual
aid presentations will be allowed; however, the public may submit photos, petitions, etc.
to be distributed to the City Council. If a member of the public wishes for the City Clerk
to distribute materials to the City Council before its meeting, such materials should be
supplied to the City Clerk's office no later than 9:00 A.M. on the day of the City Council
meeting.
Any member of the public shall first state his or her name and address, followed by a
concise statement of the person's position on the question under discussion. Repetitive
comments should be avoided; this applies to comments made previously either to the City
Council or to the Planning Commission when those Planning Commission minutes have
been provided to the City Council. All remarks shall be addressed to the Mayor or the
City Council as a whole and not to any particular member of the City Council. No person
other than the Council Member and the person having the floor shall be permitted to enter
into any discussions without permission of the Mayor. No questions shall be directed to
a Council Member or city staff member except through the Mayor.
e. Courtesy and Respect All members of the public, all city staff and elected officials shall
accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or
derogatory remarks, reflections as to integrity, abusive comments and statements about motives
or personalities. Any member of the public who violates these standards shall be ruled out of
order by the Mayor, must immediately cease speaking and shall leave the podium.
S. Smoking Prohibited.
There will be no smoking allowed in the City Council Chambers during City Council meetings.
9. Cell Phones and Pagers
Cell phones must be turned off or put in silent mode and not used within the City Council Chambers
during City Council meetings. Pagers must be turned off or put in silent mode within the City
Council Chambers during City Council meetings. These restrictions also apply during Agenda
Sessions.
Notes on public meeting rules
Matthew Petty, Ordinance Review Committee, 3/11/2020.
These notes are in the form of pseudo -legislation. No recommendation has been made on any item.
Provided for discussion at the next public meeting of the
1. Create a signup sheet procedure for public speakers on each agenda item.
2. Reduce default speaker's time to three minutes. Councilmembers may still ask brief questions of
any speaker during the comment period.
a. Alternative: five minutes, displayed as a three minute countdown and then continuing
to count negative for two additional minutes. Note: this would not require a change to
our procedural rules.
3. Memorialize an Overview period during which
a. Legislation sponsors and/or presenting staff have 10 combined minutes to introduce the
item.
b. If there is an individual or private sector applicant, he or she or representatives have 10
minutes to present their case.
4. Both before public input and after, Councilmembers, other City officials, and assigned staff have
10 minutes to raise issues, ask questions, and argue opinions. Total: 20 minutes each, including
questions and answers.
5. All types of speakers referenced above may have their time extended by unanimous consent, or
a majority vote if any voting member objects.
6. With respect to amendments, amendments will not receive public comment by default. Instead,
any Councilmember may motion to allow public comment. The motion may be approved by
unanimous consent, or a majority vote if any voting member objects.
a. Option: all speakers shall be limited to three minute comments with respect to
amendments. Perhaps, in addition, the motioner and seconder each get an opportunity
to rebut.
7. (NEW) Establish a series of statements to enumerate prior to public comment in order to better
contextualize the rules for more effective engagement.
a. At the beginning of the meeting
i. The number of agenda items should be stated, and then the number of old
business items and the number of new business items.
ii. The default amount of time for public comments should be stated.
iii. It should be said that groups of likeminded attendees should be encouraged to
choose a spokesperson.
iv. It should be said the convention of the Council is to grant additional time to
people with specialized knowledge or experience who are also well -prepared.
b. At the beginning of each agenda item
i. The number of speakers signed up to speak should be stated.
ii. Speakers should be guided to state their opinions clearly and concisely.
iii. The remaining rules should be explained much as they are now.
Branson, Lisa
From: CityClerk
Sent: Tuesday, May 26, 2020 2:00 PM
To: Bolinger, Bonnie; Pennington, Blake; CityClerk; citycouncil@matthewpetty.org; Eads,
Gail; Roberts, Gina; Batker, Jodi; Johnson, Kimberly; Rogers, Kristin; Williams, Kit;
Branson, Lisa; Jordan, Lioneld; Paxton, Kara; Mulford, Patti; Norton, Susan; Thurber, Lisa;
Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa;
Smith, Kyle
Cc: ptt@prodigy.net; pete012639@yahoo.com
Subject: FW: City Council Agenda Session, May 26, 2020
Kara,
Please distribute these comments on the draft Agenda for the City Council Meeting next Tuesday, June 2, 2020, to the
Mayor, City Attorney and City Council Members:
1. Unfinished Business Item B.1 (Regulation of Single Use Disposable Bags) should be deferred until normal public
comment and discussion are possible. More importantly, given the present COVID-19 contagion, single -use bags may be
cleaner and safer than re -useable bags brought in from cars and homes. Again, ultimately I support strong restrictions
on all plastic waste that is not readily biodegradable, but this is not the time to implement a broad -ranging policy with
minimal public comment, particularly one which may be less safe for the public.
2. Unfinished Business Item B.2 (Amend Rules of Order and Procedure) should also be deferred until normal public
comment and discussion are possible. This is COMPLETELY unnecessary at this time. I watch the City's meetings on
Zoom and I have heard no more than two comments on any one item, and NO comments on the vast majority of items.
Zoom is enough of a disincentive/obstacle to public involvement during the COVID-19 contagion. On the one occasion
where I wanted to comment I was not able to do so. More importantly, public comment is a fundamental and critical
issue in the public interest, one which should be addressed only after normal procedures are in place allowing in -person
public involvement.
3. New Business Item C.10 (Boundaries for an Entertainment District) and Item C.11 (First Outdoor Refreshment Area) --
These are issues which are hardly critical at this time, but which by their nature will affect the public generally. These
can wait until normal City Council procedures are in use.
4. New Business Item C.12 (Professional Fund -Raising Company for City Parks). This smells like hiring another
consultant, as though we need to spend even more tax dollars on yet another "Beltway Bandit", especially when City
revenues are no doubt already depressed. Parks are a core City function. Public parks should be funded under the
general budget from general revenues. They no doubt could be if so much money were not being squandered on artsy-
fartsy extravagances, which should be funded by charitable donations from patrons of the arts and user fees. The City
government has this backwards, contrary to the public interest. Acknowledge the current crisis: Defund the froofroo,
and pay for parks without wasting tax money on another middle -man.
Thank you.
Pete Tonnessen
3500 Hearthstone Drive
Fayetteville, AR 72764
Cell 719-338-7329
lul
OFFICE OF THE
CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
TO: Ordinance Review Committee
CC: Mayor Jordan
Other City Council Members
Susan Norton, Chief of Staff
FROM: Kit Williams, City Attorney
DATE: May 22, 2020
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
RE: Approved and Revised Resolution to Change Rules of Order and Procedure
Jodi Batker
Paralegal
The Ordinance Review Committee met again this morning and approved a
slight revision of a Resolution that I had drafted to try to effectuate their proposed
changes to the City Council Rules of Order and Procedure. I had suggested this revision,
but after further consideration, the revision shown on the "Approved" Resolution
(attached) made an already long sentence of your Rules of Order and Procedure into an 88-
word behemoth so long and complex as to be almost indecipherable. Although the
attainment of "indecipherable" status for a document is often the crowning glory for a
government lawyer, I decided to forgo that accomplishment at this time and redrafted
the language into my revised version (also attached).
I believe that the Committee wishes the Resolution to be tabled at your June 2d
meeting because of the already lengthy agenda and so the other council member as well
as the public will have a chance to see their proposal without having to make a quick
decision and vote. This should be discussed during the Agenda Session. Have a pleasant
Memorial Day weekend.
Are,oJC �7 01-A14**kU iZJ2 JIC C-6
RESOLUTION NO.
A RESOLUTION TO AMEND THE RULES OF ORDER AND PROCEDURE OF THE
FAYETTEVILLE CITY COUNCIL TO REQUIRE THE PUBLIC TO SIGN IN TO SPEAK, TO
LIMIT CITY STAFF AND APPLICANTS' PRESENTATION TIME TO TEN MINUTES
EACH, TO ONLY ALLOW PUBLIC COMMENT FOR AMENDMENTS BY CITY COUNCIL
APPROVAL, AND TO MAKE OTHER CHANGES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends §A. City
Council Meetings 7.d(1) Presentation by Staff and Annlicants by changing its title to
"Overview Period" and by adding a final sentences as follows: "City staffs presentation and an
Applicant's presentation whether presented by one or more than one presenter shall each be limited
to a maximum of ten (10) minutes unless the City Council by unanimous consent or majority vote
allows additional time."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals §A. City
Council Meetings 7.1(2) Public Comments and enacts a replacement (2) Public Comments as
follows:
"(2) Public Comments. Public Comments at a City Council Meeting shall be allowed for
all members of the audience who sign up prior to the beginning of the agenda item being opened
for public comment at the City Council Meeting to speak about any subjects of public hearing
and/or about certain items of unfinished and new business except for any proposed amendments
which may receive public comments only if approved by the City Council by unanimous consent
or majority vote. Speakers shall be limited to a maximum of five (5) minutes to be broken into
segments of three and two minutes. If public comment is allowed for an amendment, speakers will
only be allowed to speak for three (3) minutes. The City Council may still allow a speaker some
additional time by unanimous consent or majority vote."
PASSED and APPROVED this 2nd day of June, 2020.
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RESOLUTION NO.
A RESOLUTION TO AMEND THE RULES OF ORDER AND PROCEDURE OF THE
FAYETTEVILLE CITY COUNCIL TO REQUIRE THE PUBLIC TO SIGN IN TO SPEAK, TO
LIMIT CITY STAFF AND APPLICANTS' PRESENTATION TIME TO TEN MINUTES
EACH, TO ONLY ALLOW PUBLIC COMMENT FOR AMENDMENTS BY CITY COUNCIL
APPROVAL, AND TO MAKE OTHER CHANGES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends §A. City
Council Meetings 7.d(1) Presentation by Staff and Applicants by changing its title to
"Overview Period" and by adding a final sentences as follows: "City staff s presentation and an
Applicant's presentation whether presented by one or more than one presenter shall each be limited
to a maximum of ten (10) minutes unless the City Council by unanimous consent or majority vote
allows additional time."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals §A. City
Council Meetings 7.1(2) Public Comments and enacts a replacement (2) Public Comments as
follows:
"(2) Public Comments. Public Comments at a City Council Meeting shall be allowed for
all members of the audience who have signed up prior to the beginning of the agenda item they
wish to address being opened for public comment. Speakers shall be limited to a maximum of five
(5) minutes to be broken into segments of three and two minutes. Amendments may receive public
comments only if approved by the City Council by unanimous consent or majority vote. If public
comment is allowed for an amendment, speakers will only be allowed to speak for three (3)
minutes. The City Council may allow both a speaker additional time and an unsigned -up person
to speak by unanimous consent or majority vote."
PASSED and APPROVED this 2nd day of June, 2020.
ATTEST:
-41
By:
KARA P City Cl TON, erk/Treasurer AY
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DRAFT MINUTES
Ordinance Review Committee Meeting
May 22, 2020
1. Call to Order
A virtual meeting of the Ordinance Review Committee was held via Zoom on May 22, 2020 at
11:15am with City Attorney Kit Williams and members of IT staff present in the City
Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas.
Committee Chair Kyle Smith called the meeting to order. Committee members Matthew Petty,
Sloan Scroggin, and Kyle Smith were present remotely. Also present were City Attorney Kit
Williams, City Council Members Teresa Turk and Sonia Gutierrez, Public, and Press.
2. Minutes
Council Member Petty moved to approve the minutes of the May 8, 2020 meeting. Council
Member Scroggin seconded the motion. Motion passed 4-0.
3. Proposed changes to the Rules or Order and Procedure of the Fayetteville City Council
City Attorney Kit Williams presented the resolution drafted from motions on May 8.
Council Member Marsh and Council Member Petty discussed the intent of the language
describing the count -down timer procedure as adjusted to accommodate technical limitations.
The committee discussed preferences for sign-up deadlines and how to allow speakers who
wish to speak after the deadline. There was consensus that the Mayor and Clerk should
manage the specifics of the process with strong preference for the deadline as late in the
discussion of an item as is feasible. Paper and electronic registration were both considered.
Council Member Petty requested the minutes clearly reflect our intent that the public speaker
timer be administered such that the time articulated in the resolution is clearly visible, despite
the technical details being omitted from the proposed changes. The motions approved motions
from the previous meeting will be provided to the City Council for reference during discussion.
Council Member Marsh recommended discussions with the administration regarding
procedural specifics include an agreement to the rules of the meeting so that the mayor may
save time by reading them once without repeating for each comment period.
Council Member Smith suggested holding the item for consideration until the City Council
resumes regular in -person operations.
Council Member Petty reminded the committee that the updated proposal now consists of
procedural changes with no reduction in the allowable speaking time. Public comment has
been consistently received to shape the proposal and implementing changes during online
meetings will allow easier transition when we return to the Council Chambers.
4. Adjournment
The meeting was adjourned at approximately 12:35 pm.
DRAFT MINUTES
Ordinance Review Committee Meeting
May 22, 2020
Adopted motions from the Ordinance Review Committee meeting of May 8, 2020:
• to affirm the committee intent
o to establish a sign-up procedure for speakers on each agenda item. Motion
passed 3-0.
■ This was determined not technically feasible with our current software.
to recommend amending the City Council's rules and procedures
o to recognize an "overview period" during which legislation sponsors and/or
presenting staff have 10 minutes combined to introduce an agenda item, unless
an extended time limit is requested and agreed upon at agenda session, with
private applicants receiving an additional 10 minutes to present their case.
Motion passed 3-0.
o to allow extending any time limits by unanimous consent, or a majority vote if any
voting member objects. Motion passed 3-0
o such that amendments do not receive a separate public comment period unless a
motion to allow comment is approved by unanimous consent or majority vote.
Motion passed 3-0.
o to limit public comment on amendments to 3 minutes. Motion passed 3-0.
• that a series of statements should be made at the beginning of a meeting and each
agenda item to better establish the rules of procedure and decorum and to encourage a
more efficient meeting; and that the Committee directs Council Member Petty to work
with staff to develop those statements. Motion passed 2-1.
MINUTES
Ordinance Review Committee Meeting
May 8, 2020
1. Call to Order
A virtual meeting of the Ordinance Review Committee was held via Zoom on May 8, 2020 at
11:15am with City Attorney Kit Williams and members of IT staff present in Room 219 of the City
Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas.
Committee Chair Kyle Smith called the meeting to order. Committee members Matthew Petty,
Sloan Scroggin, and Kyle Smith were present. Also present were City Attorney Kit Williams,
City Council Members Teresa Turk and Sonia Gutierrez, Public, and Press.
2. Minutes
Council Member Petty moved to approve the minutes of the March 10, 2020 meeting as
prepared by Chairman Smith. Council Member Scroggin seconded the motion. Motion
passed 3-0.
3. Proposed changes to the Rules or Order and Procedure of the Fayetteville City Council
Council Member Smith reviewed the history of the item's prior discussions and delays due to
COVID-19 social distancing requirements, and reviewed the process for public comment and
committee discussion via Zoom.
Council Member Petty presented his itemized notes as an inventory of the discussion and
sentiments from the previous meeting. He identified consensus items from prior discussion and
presented alternatives for items where consensus had not been clearly reached.
He also introduced a set of informational statements for the Mayor to share throughout a council
meeting to help assist the public in anticipating how long a meeting may take before reaching an
agenda item of interest.
Council Member Scroggin expressed support for speaker signups and discussed sign-up
deadlines. He supported the shortened time limit for public comment; establishing a limit for
presentations by sponsors, staff and applicants; extending time by unanimous consent when
possible; and a three -minute limit for all speakers when addressing amendments, due to the
opportunity to speak again on the item as a whole.
Council Member Smith supports speaker signups but expressed concern for the logistics of
managing a sign-up list when people may desire to sign up at the meeting. He suggested an
opportunity for people who have not signed up to speak at the end of the list for up to 90
seconds to accommodate members of the public who may not have planned in advance but
wish to respond to discussion they have heard. He favored Option 2A from Councilmember
Petty's notes formally leaving the public comment limit at 5 minutes and adjusting the timer and
messaging to encourage 3 minute comments. He supported limiting time for presentations. He
opposed any limits on speaking time for members of the city council.
MINUTES
Ordinance Review Committee Meeting
May 8, 2020
Council Member Turk opposed speaker signups due to logistical challenges she has
experienced with similar approaches in other public meetings. She favored Option 2A and
suggested a trial period. She supported limiting time for presentations. She retracted her prior
support for limiting speaking time for council members. She supported 3-minute limits for public
comment on amendments, but not for council members.
Council Member Petty clarified the intent of the informational statements is to educate the
public about the city council process, assist attendees in anticipating time to an agenda item,
and encouraging groups of like cause to organize their comments with consideration for
everyone's time.
Council Member Gutierrez does not want to shorten public comment time but is willing to try
Option 2A. She suggested an online sign-up management system utilizing an iPad in the room.
She suggested including a polling option for the public to indicate their position for,against, or
other on items they are speaking for.
Rob Qualls share his research of the practices of other cities. He encouraged the Council to
continue accepting remote comments after resuming in -person meetings. He spoke against
limiting council member speaking time. Prior written communication is not always as effective
as speaking in public or receipt is not always acknowledged. He supports the proposals for
comment on amendments to reduce confusion among the public.
Council Member Petty moved to affirm the committee intent to establish a sign-up procedure
for speakers on each agenda item. Council member Scroggin seconded the motion. Motion
passed 3-0.
Council Member Petty moved to affirm the committee's intent to to change the timer displayed
for public comment to begin at three minutes counting down to zero and continuing to count
negative for two additional minutes. Council Member Scroggin seconded the motion. Motion
passed 3-0.
Council Member Petty moved to recommend amending the City Council's rules and
procedures to recognize an "overview period" during which legislation sponsors and/or
presenting staff have 10 minutes combined to introduce an agenda item, unless an extended
time limit is requested and agreed upon at agenda session, with private applicants receiving an
additional 10 minutes to present their case. Council Member Scroggin seconded the motion.
Motion passed 3-0.
Council Member Petty moved to recommend amending the City Council's rules and
procedures to allow extending any time limits by unanimous consent, or a majority vote if any
voting member objects. Council Member Smith seconded the motion. Motion passed 3-0
Council Member Petty moved to recommend amending the City Council's rules and
procedures such that amendments do not receive a separate public comment period unless a
MINUTES
Ordinance Review Committee Meeting
May 8, 2020
motion to allow comment is approved by unanimous consent or majority vote. Council Member
Scroggin seconded the motion. Motion passed 3-0.
Council Member Petty moved to recommend amending the City Council's rules and
procedures to limit public comment on amendments to 3 minutes. Council Member Scroggin
seconded the motion. Motion passed 3-0.
Council Member Petty moved that the committee resolve that a series of statements should be
made at the beginning of a meeting and each agenda item to better establish the rules of
procedure and decorum and to encourage a more efficient meeting; and that the Committee
directs Council Member Petty to work with staff to develop those statements. Council Member
Scroggin seconded the motion. Council Member Smith expressed reservation about writing a
script for the mayor. Council Member Petty shared some of the history about how the mayor's
current customs developed over time with feedback from council members. The motion passed
2-1.
4. Adjournment
The meeting was adjourned at approximately 12:16 pm.
Minutes prepared by Chairman Kyle Smith
Council Member Petty's working notes from the meeting are attached for reference.
Approved May, 22, 2020
MINUTES
Ordinance Review Committee Meeting
March 10, 2020
1. Call to Order
A meeting of the Ordinance Review Committee was held on March 10, 2020 at 6:40 pm in
Room 326 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Committee Chair Kyle Smith called the meeting to order. Committee members Sarah Marsh,
Matthew Petty, Sloan Scroggin, and Kyle Smith were present. Also present were Mayor Lioneld
Jordan, City Attorney Kit Williams, City Council Member Teresa Turk, Public, and Press.
2. Election of Chair:
Council Member Marsh nominated Kyle Smith. There were no further nominations and Kyle
Smith was unanimously re-elected as Chair for 2020.
3. Minutes
Council Member Petty moved to approve the minutes of the November 6, 2019 meeting.
Council Member Marsh seconded the motion. Motion passed 4-0.
4. Proposed changes to the Rules or Order and Procedure of the Fayetteville City Council
Council Member Petty presented for discussion a proposal to reduce default public comment
time from 5 minutes to 3 minutes and to simplify the procedure for extending a speaker's time.
Also offered for discussion were 10-minutes limits for applicants and council members
sponsoring ordinances, 10-minute limits to council member speaking time, and aggregate "bulk"
time limits for all speakers addressing each agenda item.
He explained the purpose of the changes is to improve the efficiency of council meetings, but
the specific time limits are up for discussion.
Council Member Scroggin expressed concern about bulk limits preventing some members of
the public from speaking at all and supported 10 minute limits for council member speaking
times.
Council Member Marsh suggested implementing a line up process to reduce waiting time
between speakers. She preferred moving to moving through three readings by unanimous
consent.
Council Member Smith said he was considering per -speaker time limits. He supports for a
limit for applicant presentations, and wants processes that extend speaking time to minimally
interrupt the speaker's flow. He did not support bulk time limits for agenda items or limits on
council member speaking time.
MINUTES
Ordinance Review Committee Meeting
March 10, 2020
City Attorney Williams described the difference between public comment and council member
responsibilities and advised against limiting council member speaking times.
Council Member Smith inquired if the timer software could be configured to count the other
direction for council members so they would know how long they've been speaking. He
supported a queuing procedure to expedite
Council Member Marsh suggested a sign -in system to assist the City Clerk in accurately
recording names and addresses of public participants.
Council Member Turk said residents do not want their time reduced and suggested further
research to determine if the majority of speakers are using the entire time. Three minute time
limits are too short when speakers are nervous. She expressed support for improving efficiency
with a queue and establishing an applicant time limit. She opposes a bulk time limit.
Mayor Jordan explained his experience managing public comment with the wait time between
speakers. He agrees with Kit Williams about council member speaking time because the Mayor
shouldn't be interrupting council members to stop their speaking. He does not favor bulk time
limits, but prefers individual speaker limits of whatever limit the council prefers.
Council Member Marsh listed various ways the public can provide input through electronic and
written communication and other meetings as well as speaking at a council meeting. She
supports three minute speaker limits so that residents don't have to sit through as long a
meeting waiting for later agenda items to come up.
Council Member Scroggin said we already have a time limit. Finding the appropriate time limit
is a balance between an individual's ability to speak at the moment and their opportunity to
speak before midnight. Some people have missed important agenda items because they had to
leave during earlier items.
Mayor Jordan said if we set the limits, we should stick with them instead of setting a custom of
always extending time beyond the limit.
Rob Qualls spoke as a member of the public about when he chooses to speak at public
meetings instead of just sending comments in email. The end of last year had a lot of meetings
with multiple complex issues that brought many people to speak. He does not support
shortening time limits because everyone should not be penalized because some people come
just to use all their time. It is difficult to prepare a short speech ahead of time when an
applicant's presentation or amendment brings large amounts of new information, so sometimes
longer time is needed for the public to express their thoughts.
Council Member Smith questioned how we could reduce repetitive comments, or more
effectively address small issues like Brooks -Hummel Nature Preserve in the context of larger
items like the Active Transportation Plan.
MINUTES
Ordinance Review Committee Meeting
March 10, 2020
Rob Qualls suggested establishing different time lengths for different items at agenda session
depending on anticipated public interest.
Mayor Jordan asked if staff would be subject to the same time limit as an applicant. Council
Member Petty said yes, and Mayor Jordan was fine with that.
Mayor Jordan asked for clarity on the process for taking public comment on amendments.
Some are small corrections to typos, some are consensus changes based on staff work, and
others are substantive policy changes.
Council Member Smith suggested typos and sponsor's amendments to clarify or incorporate
updated work on a proposal should not include public comment, but items of substance should.
He would support shorter time limits for public comment on amendments.
Council Member Petty said we do not need public comment on every amendment. He
suggested motions to amend include a call for public comment. That would allow council
discretion to know the difference between substantive amendments and minor or consensus
amendments.
Council Member Marsh suggested amendments could include an option to waive public
comment. City Attorney Williams and Council Member Petty engaged in a discussion about
whether that should be two votes or a single motion.
Council Member Scroggin expects council members will be unlikely to take a political position
against public comment for controversial items.
Mayor Jordan described the confusion that can result when the public is invited to speak on a
written amendment that they haven't had an opportunity to read.
Council Member Petty presented a scenario where the council is taking action in response to
discussion that has already occurred.
Council Member Smith preferred to include public comment decisions in the motion and
second, rather than listing types of amendments that would or would not receive comment so
that the responsibility lies with the council rather than forcing the mayor to rule on the category
an amendment fits.
Council Member Turk expressed concerns about the public perception of waiving comment.
She suggested a review period for any changes after we have adjusted to a new process.
Council Member Scoggin reminded the committee that the rules and procedures are reviewed
every year.
Council Member Petty requested another committee meeting so that he could work with the
City Attorney's office to revise written proposals to incorporate this discussion before the
MINUTES
Ordinance Review Committee Meeting
March 10, 2020
committee votes on support statements for line -item changes. City Attorney Williams
concurred. Council Member Petty summarized his task list as follows:
• Time limits on public input
o Inquiring with City Clerk about technical options.
• Limit sponsor & applicant time to 10 minutes
• Ordinance Consent Agenda section for uncontroversial ordinances by unanimous
consent
• Time limits on council member speaking time
• Rules for granting extensions
• Speaker sign-up and line-up
• Motions on amendments to include taking or not taking public comment
He noted the impact of how we phrase things and would like further consideration into whether
motions include waiving comment or include taking comment.
Council Member Turk suggested establishing a cut-off time for the end of meetings.
Council Member Petty spoke of the need for leadership to make changes to the rules
successful.
Council Member Marsh opposed an arbitrary meeting end time, but wanted meetings to keep
meetings moving so council members can give it their all even in long meetings. Faster -paced
comments will help council members stay attentive. She expressed concern for members of the
public who aren't able to attend late meetings due to work or child care.
Council Member Scroggin concurred about the decline in cognitive capacity in council
members and planning commissioners when meetings go past 11:00pm.
Mayor Jordan will coach staff to limit presentations to ten minutes. The committee discussed
using agenda sessions to agree on longer staff presentation times for complex items.
No official action was taken at this time pending a follow up meeting.
5. Adjournment
The next meeting was scheduled for March 31 st after Agenda Session in room 326 of the
Administration Building.
The meeting was adjourned at approximately 8:00 pm.
Minutes prepared by Chairman Kyle Smith
Approved May 8, 2020
Ll
DEPARTMENTAL CORRESPONDENCE
OFFICE, OF THE
CITY ATTORNEY
TO: Mayor Jordan
City Council
Kara Paxton, City Clerk/Treasurer
CC: Susan Norton, Chief of Staff
FROM: Kit Williams, City Attorney
DATE: June 5, 2020
RE: Mistake in tabling two measures
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Jodi Batker
Paralegal
While I was trying to be helpful last night when the City Council was about
to table a couple of items: a Resolution for Rules or Order and an Ordinance to
Rezone Hughmount Road property; I instead confused the motion.
I believe that the City Council and sponsors of both items desired to table
the items to our next meeting, but spoke about "two weeks." I thought I was
correcting this tabling motion from our Thursday night meeting when I suggested
"First meeting in July," but I misspoke. I should have said "Second meeting in
June" which I believe was everyone's intention.
This was my mistake alone. I do not like to make mistakes, nor do I enjoy
admitting them. But I will not follow our fearless leader in D.C.'s example of
refusing to admit even the most trivial and obvious mistakes. I goofed, and so I
now need to explain how the City Council can overcome my error.
I will ask the Mayor and City Clerk to leave item #2 of Unfinished Business:
Resolution to Amend Rules of Order and item #5 of Unfinished Business:
Ordinance to Rezone Hughmount Road Property on the June 16th meeting Agenda
although they were tabled until the July 7th meeting (by my mistake). Normally a
tabled item does not appear again on your Agenda until the meeting to which it is
tabled.
By including these two tabled items on your next Agenda for June 161h, the
Council can take them from table and have the full Agenda item before them for
easy reference. To do this a Council Member would need to make the following
motion when we reach that item in Unfinished Business: "I move we take the
Resolution to Amend the Rules of Order and Procedure of the Fayetteville City Council
from the table for consideration at this meeting." A similar motion for the rezoning
ordinance would also need to be made when we reach that item in Unfinished
Business. Both motions would need to be seconded and then passed by the City
Council. You can then consider and vote on these items during the June 16th
meeting which I believe was your intention.
Another advantage to having these items appear on your Agenda is to have
a place and time during your meeting when it would be appropriate to remove
the resolution or ordinance from the table for your consideration. I apologize for
my error which dawned on me as I drove home after the meeting... an "Oops"
moment. With the Council's help, my mistake can be corrected without any harm
to the rezoning applicant nor to your intention to go forward with the Rules of
Order and Procedure item at your upcoming meeting.
2
IN
OFFICE OF THE
CITY ATTORNEY"
DEPARTMENTAL CORRESPONDENCE
Kit Williams
City Attorney
TO: Kara Paxton, City Clerk/Treasurer Blake Pennington
A."ista►tt City.tttornel'
Lisa Branson, Deputy City Clerk
Kimberly Johnson, Deputy City Clerk Lodi Batker
Paralegal
FROM: Kit Williams, City Attorney
DATE: June 15, 2020
RE: Minutes of June 4, 2020 Meeting
Both the motions to table the Procedural Rules and Hughmount Rezoning
were to the July 7th meeting. Even though I caused this date for tabling by giving
mistaken advice, that was what the City Council approved. Even though this was
probably an error, the City Council must undo this error themselves. Thus, unless
the City Council removes one or both items by Motion to Remove From the Table
during tomorrow night's meeting, those items will not be heard.
The minutes should properly reflect a tabling until the July 7th meeting.