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Code of Ordinances Amendment - Title 1 Public Input at City Council Meetings (3rd Reading) Copyright 2014 City of Dubuque Action Items # 3. ITEM TITLE: Public Input at City Council Meetings (3rd Reading) SUMMARY: City Attorney submitting a proposed ordinance concerning the placement of Public Input on the Council agenda. ORDINANCE Amending City of Dubuque Code of Ordinances Title 1 Administration, Chapter 6 Mayor and City Council, Article A Rules and Procedure, Sections 1- 6A-11 Order of Business and Agenda and 1-6A-14 Rights of Public by clarifying the rules relating to communications to the City Council and the Public Input Agenda SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type Staff Memo Staff Memo Ordinance Amendment 1-6A-11 and 1-6A-14 Ordinance Suggested Motion Supporting Documentation THE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi BARRY LINDAHL CITY ATTORNEY To: Mayor Roy D. Buol and Members of the City Council DATE: April 27, 2016 RE: Public Input Attached are two proposed ordinances in response to the City Council discussion concerning public input at the April 4, 2016 City Council meeting. The first ordinance establishes the time of commencement of regular City Council meetings at 6:00 P.M. This ordinance is not technically necessary as long as the City Council agrees by consensus that 6:00 P.M. will be the starting time for regular meetings. The published Notice of Meeting which includes the date, time and place of meetings, is sufficient for that purpose. The second ordinance moves public input in the order of business to follow public hearings. The ordinance also provides that during public input, members of the public may address the City Council on any action item on the agenda or on any matter not on the agenda concerning city business over which the City Council has control. The ordinance indicates that unless extended by the presiding officer, public input is limited to 30 minutes. Other changes in the ordinance are intended to conform the City Council proceedings to the new public input rules. BAL:tIs Attachment cc: Michael C. Van Milligen, City Manager Crenna Brumwell, Assistant City Attorney Maureen Quann, Assistant City Attorney Kevin Firnstahl, City Clerk F:\USERS\tsteckle\Li ndahl\Memos\MayorCouncil_Publicl nput_042716.doc Prepared by: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 ORDINANCE NO. 20-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 1 ADMINISTRATION, CHAPTER 6 MAYOR AND CITY COUNCIL, ARTICLE A RULES AND PROCEDURE, SECTIONS 1-6A-11 ORDER OF BUSINESS AND AGENDA AND 1-6A-14 RIGHTS OF PUBLIC BY CLARIFYING THE RULES RELATING TO CMMUNICATIONS TO THE CITY COUNCIL AND THE PUBLIC INPUT AGENDA NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 1-6A-11 of the City of Dubuque Code of Ordinances is amended to read as follows: 1-6A-11: ORDER OF BUSINESS AND AGENDA: A. Agenda: The order of business of each regular meeting shall be as contained in the agenda prepared by the city clerk. The agenda shall be a listing by topic of subjects to be considered by the city council. B. Order Of Business: The general rule as to the order of business in regular meetings shall be as follows: 1. Reading of the call. 2. Roll call. 3. Proclamations. 4. Consent items; business licenses. 5. Items to be set for public hearing. 6. Appointments to boards and commissions. 7. Public hearings. 8. Public input. 9. Action items. 10. Adjournment. Section 2. Section 1-6A-14 of the City of Dubuque Code of Ordinances is amended to read as follows: 1-6A-14: RIGHTS OF PUBLIC: A. Addressing City Council: No person may address the city council by oral communication without the permission of the presiding officer. B. Manner Of Addressing City Council; Time Limit: Each person addressing the city council shall approach the microphone, shall give such person's name and address and, if representing an organization or another person, shall so state, in an audible tone of voice for the record, and, unless further time is granted by the presiding officer, shall limit such person's address to five (5) minutes. All remarks shall be addressed to the city council as a body, not to any city officer or employee. No person, other than members of the city council and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the city council. No questions shall be asked of individual council members nor of any city officer or employee, except through the presiding officer. C. Personal And Slanderous Remarks: Any person making personal, impertinent or slanderous remarks, or who shall become boisterous, while addressing the city council may be requested to leave the meeting and may be by the presiding officer barred from further audience before the city council. D. Written Communications: Any person or the person's authorized representatives, may address the city council by written communication in regard to any matter concerning the city's business or over which the city council has control at any time by addressing such written communication to the city clerk. All such written communications must be received by the city clerk by twelve o'clock (12:00) noon of the Wednesday immediately preceding the regular council meeting in order that such material may be placed on the agenda for such meeting. E. Public Input Agenda: Members of the public may address the city council on any action item on the agenda or on any matter not on the agenda concerning city business or over which the city council has control. Unless extended by the presiding officer, public input will be limited to thirty (30) minutes. Section 3. This Ordinance takes effect upon publication. Passed, approved, and adopted the 6th y o un-, .016. Attest: Kevin tirnstahl, City Clerk` Ric . Jones , r Pro -Tem EFFECT OF AMENDMENT 1-6A-11 : ORDER OF BUSINESS AND AGENDA: A. Agenda: The order of business of each regular meeting shall be as contained in the agenda prepared by the city clerk. The agenda shall be a listing by topic of subjects to be considered by the city council. B. Order Of Business: The general rule as to the order of business in regular meetings shall be as follows: 1 . Reading of the call. 2. Roll call. 3. Proclamations. 4. Consent items; business licenses. 5. Items to be set for public hearing. 6. Appointments to boards and commissions. 7. Public hearings. 8. Public input. 99. Action items. 10. Adjournment. 1-6A-14: RIGHTS OF PUBLIC: A. Addressing City Council: No AajL-person Mg_y_4esir-�ddress the city council by oral communication without shell £ire# s;eG, re the permission of the presiding officer, idedpFev be giveR to these peFSORS who have notified the -ify Gle-F by�finielve 'Gln Gk (12;00) RGOR of the VAfadReGday n Gei girlie#ehi rling the regnler G Gil moo#ing of their desire to c ak OR eFder that c Gh n he nle Ged OR the agenrle B. Manner Of Addressing City Council; Time Limit: Each person addressing the city council shall approachstep4" the microphone, shall give such person's name and address and, if representing an organization or another person, shall so state, in an audible tone of voice for the record, and, unless further time is granted by the presiding officer, shall limit such person's address to five (5) minutes. All remarks shall be addressed to the city council as a body, not to any city officer or employee. No person, other than members of the city council and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the city council. No questions shall be asked of individual council members nor of any city officer or employee, except through the presiding officer. C. Personal And Slanderous Remarks: Any person making personal, impertinent or slanderous remarks, or who shall become boisterous, while addressing the city council may be requested to leave the meeting and may be by the presiding officer barred from further audience before the city council. D ReadiRq !l£ Dre#ec#c- In#erec#ed peFGGRG, OF their FePFeGeRtatikzeG, to aRY me##er ever whish the pity nil hec Pentrel ;nihen the i#em nrler nencirlero#inn by the nifii no--Rao i£ amajnrifii Of the nifii n nil n en# e c #n le# #hem he heerd D€. Written Communications: Any person or the person's authorized representatives, may address the city council by written communication in regard to any matter concerning the city's business or over which the city council has control at any time by dmre r by addressing such written communication to the city clerk. All such written communications must be received by the city clerk by twelve o'clock (12:00) noon of the Wednesday immediately preceding the regular council meeting in order that such material may be placed on the agenda for such meeting. E. Public Input Agenda: Members of the public may address the city council on any action item on the agenda or on any matter not on the agenda concerning city business or over which the city council has control. Unless extended by the presiding officer, public input will be limited to thirty (30) minutes. Suggested Motion Wording for Ordinances - Motion B / Motion A Motion B I move to receive and file the communications and further move that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which is to be finally passed be suspended. Second & vote called; then: Motion A I move final consideration and passage of the Ordinance. Second & vote called If Motion B does not pass: I move to receive and file the communications and I move first (or second) consideration of the Ordinance. Upon third reading: I move final consideration and passage of the Ordinance. STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: June 10, 2016, and for which the charge is $40.64. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 4, j day of -e°,` , 20 . i e�I otary Public in and for Dubuque County, Iowa. ARY K. WESTERRAEYER Commission Number 154885 M,v Comm, Ern, FEE, 1, 2017 OFFICIAL PUBLICATION ORDINANCE NO.20-16 AMENDINGCITY OF DUBUQUE CODE . OF ORDINANCES TITLE'1 ADMINISTRATION, CHAPTER 6 MAYOR AND CITY COUNCIL, ARTICLE A RULES AND PROCEDURE, SECTIONS 1-6A-11, ORDER ,OF,BUSINESS AND AGENDA AND 1- 6A-14 - RIGHTS OF PUBLIC BY CLARIFY- ING THE "RULES` RE- LATING TO 'COMMU- NICATIONS TO THE CITY COUNCIL AND, THE PUBLIC INPUT AGENDA " NOW, THEREFORE, BE IT ORDAINED BY. THE CITY 'COUNCIL OF THE CITY OF DU-, BUyE,,IOWA rdn 1.Section 1--s 6 k he City of!ljJ by uec.Code of O4rdi- nances'>is amended to read as follows: 1-6A-11: ORDER OF BUSINESS AND AGEN- DA: A. Agenda: The order of business of each regular meeting shall be as contained in the agenda prepared by the city clerk. The agenda shall be a list- ing by topic of subjects to be considered by the city council. B. Order Of Business: The general rule as to the order of business in regular meetings shall be as follows: 1. Reading of the call. 2. Roll call. 3. Proclamations. 4. Consent items; business licenses. 5. Items to be set for public hearing. 6. Appointments to boards and commis- sions. 7. Public hearings. 8. Public input. 9 Action items. 10. Adjournment. Section 2. Section 1- I 6A-14 of the City of Du- buque Code of Ordi- nances is amended to read as follows: 1-6A-14: RIGHTS OF PUBLIC: A. Addressing City Council: No person may address„ the city councit by oral commu=' nication :without the permission of the-+pte siding officer. B. •Manner Of Ad- dressing City Council; Time Limit Each', per- son addressing the city, council shall approach the microphone, shall givesuch person's name and address and, if representing an, -or- ganization'' or another person, shall so state, in ,an audible tone of voice for the record, and, unless 'further time is granted by the presiding officer, shall limit such person's ad- dress to. five (5) mi- i nutes. All remarks shall be addressed to the city council'as a body, not to any 'city officer •or employee. No per- son, other than mem- bers of the city council and the person having the floor, shall be per- mitted to enter into any discussion, either directly or through the members of the city council. No questions shall be asked of indi- vidual council 'mem- bers_nor of any, city of- ficer or employee,ex- cept through xceptthrough the pre- siding officer. C. Personal And Slan- derous Remarks: Any person, making person- al, impertinent or slan- derous remarks, or who shall^become bois- terous, while address- ing the city council may be requested to leave the meeting and may be by the presid- ing officer barred from further audience be fore the city council. ,D. Written Communi- cations: Any person or the person's author- ized . representatives, may address the city council by written communication in re- gard to any matter concerning the city's business or over which the 'city council has control at any time by addressing such writ- ten communication to `"I the city clerk. All such I written communica- tions must be received by the city clerk by it twelve o'clock (12:00) noon of ,the Wednes- day immediately pre- ceding the regular council meeting in or- der that such material may be placed on the agenda for such meet- ing. E. Public Input Agen da: Members of the public may address the city council on any ac- tion item on the agen- da or on any matter not on the agenda con- cerning city business or over which the city council has control. Unless extended by the presiding officer, public input will.be lim- ited to thirty (30) mi nutes. Section 3. This Ordi- nance takes effect ubon publication. j Passed, approved, I and adopted the 6th day of June, 2016. /s/Ric W. Jones, Mayor Pro -Tem Attest: /s/Kevin Firnstahl, City Clerk Published officially in, the Telegraph Herald newspaper on the 10th1 I day of June, 2016, /s/Kevin S. Firnstahl, City Clerk It 6/10