2013-12-16 study - audit report and council rules

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Ms. Carr noted that in addressing the fact that Council can only bring resolutions and ordinances to the agenda under the prosed rule change, quoted from document on her lap top, “The City Council exercises authority and implements municipal policy through ordinance, resolution and motion. Motions have been used since 1947.” She noted that it did not just happen when she was elected. Motions have been used to give directions to the City Manager. Ms. Carr went on to read, “Resolutions are of somewhat lesser formality and legal weight than ordinance and are generally utilized to declare and implement non-legislative decision making. Resolutions are typically utilized to approve contract, make appointments, grant permits or licenses and memorialized decision making resulting from exercise of quasi-judicial authority. Other than procedural motions during Council meetings, that are most commonly used to provide direction to the City staff or to organize or perform administrative functions.” She noted that this page was in book Councilmembers received she was elected. Ms. Carr stated they cannot suddenly throw away their ability to make motions. She noted if it was not a resolution or an ordinance Council could give it to Mr. Walker and there would be no place to put it. He could put it in a study session but she noted they are not formal, citizens cannot address the issues and if Council is going to get in the habit of making last minutes amendments to the agenda, she would guarantee that there will be many in the community scream about the Sunshine Law and Council’s poor use of planning. Who decides if it is important as what is important to one ward’s Councilmember may not be to another ward’s Councilmember. Ms. Carr stated that Council needed to go back to what was on the 2006 rules and say that at any time Council can put something on the agenda. The only change from 2006 could be that it be submitted to the City Manager rather than the City Clerk and two Councilmembers would need to present it. She said this has worked really well for the last twenty months. Ms. Carr asked why Council wanted to change it. Mayor Welsch asked for any other comments. Since there were no other comments she adjourned the meeting at 6:56 p.m. Mr. Price had stepped away from the table while Ms. Carr was speaking and sat back down after Mayor Welsch adjourned the meeting and asked to speak. Mr. Price asked if the City Attorney was present and was told that she was not. He noted Mr. Crow was an attorney and he needed to ask Mr. Crow a question. He said it was his understanding on a resolution that it is less binding and asked if it were true or not. Mr. Crow stated they both are binding but the power of the ordinance is that it is one that is placed in the ordinance book and is used as a resource. A resolution still binds the City. Mr. Price said his question would be as he said his question was not answered, where is it in writing that two members can put something on the agenda and in what section. He asked why it would not be under Council Report and Business item #4. He said all that is being done is moving item #4 to another place because everybody has the right to bring something to the agenda that may not have happened; it is fluid, things happen. He provided an example of street plowing where some streets did not get plowed. Mr. Price noted that by the time it was discussed in a study session it would be spring. Mr. Price said the Mayor just showed him where she was going to vote at, because she was quick to end this meeting and go home because it was no big deal to her. He noted that maybe it was close to the election. Mr. Price said he was just talking to himself and was not talking to anybody else. He said it was a couple months away from the election. Mr. Price asked where was Council going to put this at. Mr. Kraft called for a Point of Information, saying it was his understanding that it was postponed to be put back on the agenda for the January 13, 2014, meeting to which everyone voted for unanimously. 7