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Home My WebLink About22-23 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 22-23 File Number: 2022-289 AMEND RULES OF ORDER AND PROCEDURE: A RESOLUTION TO AMEND THE RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL TO CLARIFY THAT AN AGENDA APPLICANT SHALL INCLUDE THE APPELLANT FROM A FINAL DECISION OF THE PLANNING COMMISSION OR CITY STAFF 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. Presentation of Agenda Items at City Council Meetings d. Unfinished Business and New Business (1) Overview Period by inserting "appellant from a final decision of the Planning Commission or City Staff' into the parenthetical listing of potential "applicants" who have ten minutes to present their application to the City Council. PASSED and APPROVED on January 17, 2023 Page 1 Attest: Kara Paxton, City Cle.c Treasurer CITY OF FAYETTEVILLE ARKANSAS MEETING OF JANUARY 17, 2023 TO: Mayor Jordan and City Council THRU: FROM: Kit Williams, City Attorney DATE: SUBJECT: AMEND RULES OF ORDER AND PROCEDURE: RECOMMENDATION: For City Council decision. BACKGROUND: CITY COUNCIL MEMO 2022-289 Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 fir v r(CAA— ft'J its Rules of Order and Procedure orlhe Fayetteville City Council Last Revised 05/03/2022 by Resolution # 103-22 Adopted 011042022 by Resolution 9 16.22 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 A ends 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 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. r � L*— d. Unfinished Business and New Business. (1) Overview Period. Agenda items at a City Council meeting shall be i troduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall the present a report. An agenda applicant (city contractor, rezoning or development applicant, tc.) 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, 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. DISCUSSION: Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Ll DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council CC: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Kit Williams, City Attorney DATE: December 27, 2022 RE: Amendment to the Rules of Order of the City Council Kit Williams Cite Attortrey Stake Pennington Assistant City Attorneli, Lodi Ratker paralegal Council Member Teresa Turk requests a very minor change to your Rules of Order And Procedure to ensure that the person appealing an adverse final decision of the Planning Commission or City Staff shall be treated as an "agenda applicant" who must present its proposal first and has ten minutes for such presentation. Although the appellant most often will be a Council Member, that Council Member may yield the Member's time to a citizen for the ten minute presentation. Nonfinal decisions by the Planning Commission such as recommendations for rezoning, vacations, etc. which automatically come to the City Council for final decision are not appealable, so the original applicant is the only possible "agenda applicant." Anyone opposing such rezoning or vacation may continue to express their concerns to the City Council, but none would be the "agenda applicant" who must speak first and is given then minutes instead of the normal five minutes for public comment. Attached is the current Rule showing where the "appellant of the final decision of the Planning Commission or City Staff" will be inserted. BUDGET/STAFF IMPACT: ATTACHMENTS: AGENDA REQUEST - NONPROFIT APPLICATIONS - ARPA-TERESA TURK Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2022-289 Amend Rules of Order and Procedure: A RESOLUTION TO AMEND THE RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL TO CLARIFY THAT AN AGENDA APPLICANT SHALL INCLUDE THE APPELLANT FROM A FINAL DECISION OF THE PLANNING COMMISSION OR CITY STAFF 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. Presentation of Agenda Items at City Council Meetings d. Unfinished Business and New Business (1) Overview Period by inserting "appellant from a final decision of the Planning Commission or City Staff' into the parenthetical listing of potential "applicants" who have ten minutes to present their application to the City Council. Page 1 Civic Clerk Item No.: 2022-p2F3 AGENDA REQUEST FORM FOR: Council Meeting of January 3, 2023 FROM: Council Member Teresa Turk ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO AMEND THE RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL TO CLARIFY THAT AN AGENDA APPLICANT SHALL INCLUDE THE APPELLANT FROM A FINAL DECISION OF THE PLANNING COMMISSION OR CITY STAFF APPROVED FOR AGENDA: 1 2 Z-'1 Zo Z2- City Council Member Date Teresa Turk �6 i�«.4 z1, Zarz City Attorney Kit Williams Date Approved as to form Williams, Kit From: Turk, Teresa Sent: Tuesday, December 27, 2022 6:21 PM To: Williams, Kit Subject: Re: Addition to current rules and procedures Thank you Kit. I approve by email. There is no rush on this item so it can be added to the January 17th city council meeting if I have made the cut off deadline. Thanks again, Teresa From: Williams, Kit <kwilliams@fayetteville-ar.gov> Sent: Tuesday, December 27, 2022 11:52 AM To: Turk, Teresa <teresa.turk@fayetteville-ar.gov> Subject: RE: Addition to current rules and procedures Teresa, Attached is a proposed Resolution for your requested change to the Rules of Order and Procedure. If this is satisfactory to you, please sign the agenda request form or approve this through an email. Let me know if you would like any changes. Kit From: Turk, Teresa Sent: Wednesday, December 21, 2022 10:28 AM To: Williams, Kit <kwilliams@fayetteville-ar.gov> Subject: Addition to current rules and procedures Hi Kit, Could you please draft a resolution to the council's rules and procedures regarding identifyingthe applicant when there is an appeal. Under our current rules, if a person is identified as the applicant, they have 30 minutes to provide information to the Council. In several instances this year, a decision bythe Planning Commmission was appealed by citizens, not a developer. Our current rules are silent on who is the applicant. I would like to clarify that whoever authors the appeal of a decision by the Planning Commission or commissions that they are considered the applicant and are therefore afforded 10 minutes time to discuss their appeal. Thank you very much for your work on this and please let me know if you have any questions. Teresa Turk City Council Member Ward 4 Position 1 Fayetteville, AR 72701 ward4 nosl@favetteville-ar eov 206.713.2265