City Council Minutes 2017 12 05 - Laserfiche WebLink

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City Council Meeting Minutes December 5, 2017 Page 11 of 12 Councilmember Stolzmann reviewed the substitute motion language and the order the voting would proceed; was it clear enough. Members felt it was clear enough. Attorney Light recommended clarifying language about a substitute motion not being passed; then where to return in the process Councilmember Stolzmann asked if a question can be called before everyone has had a chance to speak. Attomey Light stated as written it can be. Mayor Muckle supported language adding everyone should have an opportunity to participate in the debate Councilmember Stolzmann wanted to add a section on motion to reconsider and who can call such a motion and if a motion to reconsider must be in the same meeting. Attorney Light noted a reconsideration of a quasi-judicial matter is much more limited if legal rights are vested. On standard legislative matters reconsideration can be within the same meeting even if no rights are vested. This would trigger additional notice rules to avoid surprises with legal consequence. If the rules were to talk about reconsideration of quasi-judicial matters, it would need to be deliberative and in detail. Mayor Muckle felt it should be left addressing only legislative matters Councilmember Stolzmann would like the last paragraph pared down or eliminated We can't control the tone of the public or limit their remarks. Councilmember Leh stated if it doesn't include this language, it limits the Chair's ability to exercise discretion in an objective way. There is benefit for the Chair to be able to ask the public to address the question at hand. Attorney Light noted the public does have the option to speak about items not on the agenda This section helps confine the context to the matter on the agenda. It's better to have some rules to confine it to the context especially in a quasi-judicial matter. Councilmember Stolzmann would like that section removed but if not, suggested changing "shall" to "it is customary" or "it is appreciated" Councilmember Leh thought the standards were important. It gives some boundary and he was convinced by Attorney Light that it is to make sure we have some objective rules on the books to encourage or limit comments. It does give the chair some discretion. He thinks the audible portion is important so we have a full recording of the meeting Attorney Light stated we should have a record of the meeting that can be transcribed truly. He noted the language could be "are asked or are requested" rather than shall Members agreed to that change. Mayor Muckle moved to continue consideration of Resolution No. 71, Series 2017 to the meeting on February 6, 2018; Mayor Pro Tem Lipton seconded. All in favor