A. All actions and decisions of the city council or planning and zoning commission are formalized by the process of making and voting on motions. After a public hearing is closed, the city council or planning and zoning commission shall deliberate. After deliberation, a motion shall be made and seconded. Further deliberation may occur once a motion is made and seconded. The chair shall ask for a motion and vote. Those council members or commissioners in favor of the motion say "aye"; those council members or commissioners opposed to the motion say "no".
B. After a motion is made and there has been discussion on the motion, if an amendment has been suggested and discussed, then a motion to amend the motion is required. A motion should be amended as follows:
1. A council member or commissioner makes a motion to amend stating the amendment.
2. A council member or commissioner seconds the amendment.
3. Chair asks for a vote on the amendment.
4. If amendment carries, the chair then asks for a vote on the "entire motion as amended".
5. If amendment fails, chair asks for a vote on the "original motion".
C. If a motion has been voted on and the motion needs to be withdrawn, then a motion to withdraw the approved motion is required. A motion should be withdrawn as follows:
1. A council member or commissioner makes a motion to withdraw stating what motion is being withdrawn.
2. A council member or commissioner seconds the motion to withdraw.
3. Chair asks for a vote on the motion to withdraw.
4. If the motion to withdraw carries, then a new motion can then be made, seconded and voted on.
D. If a motion has been voted on and if voting members believe it is appropriate to reconsider the motion, then a motion for reconsideration is required at the next scheduled regular meeting of the city council or planning and zoning commission. Except as otherwise provided herein, motions for reconsideration shall only be made by a council member or commissioner. A motion for reconsideration should be made as follows:
1. A council member or commissioner who voted on the prevailing side of the motion in question has to make a motion for reconsideration stating what motion is being reconsidered.
2. A council member or commissioner who voted on the prevailing side of the motion in question has to second.
3. Chair asks for a vote on the motion for reconsideration.
4. If the motion for reconsideration carries, deliberation can then occur on the matter and a new motion can be made, seconded and voted on.
E. An applicant may file a motion for reconsideration with the city council or the planning and zoning commission within fifteen (15) days of the date of the certificate of service on the findings of fact and conclusions of law. A motion for reconsideration shall be limited to legal issues. New evidence shall not be a basis for reconsideration of a prior decision. The applicant's motion for reconsideration shall be heard at the next available hearing before the city council or planning and zoning commission. If a motion for reconsideration is filed, the city council or the planning and zoning commission, as the case may be, shall first decide whether to grant a motion for reconsideration. If a motion for reconsideration is denied, the original decision shall remain in full force and effect. If a motion for reconsideration is granted, the city council or the planning and zoning commission, as the case may be, shall then conduct a public hearing allowing for legal notice to be provided, during which time the original decision may remain in full force and effect or be modified. The time for an appeal shall be terminated by the filing of a timely motion for reconsideration which, if granted, could affect the findings of fact and conclusions of law. The time for an appeal begins to run when a motion for reconsideration is denied, or if granted, after the date of the certificate of service on the final findings of fact and conclusions of law on the application. (Ord. 1010 §§ 1 - 3, 2008; Ord. 1005 § 1, 2008; Ord. 564 §§ 1, 2, 1990)