§ 35.13  ORDER OF BUSINESS.
   (A)   Generally. The order of business shall be as contained in the agenda. The order of business may also be changed by majority vote of Council members present, for reasons of efficiency. Reasons of efficiency include, but may not be limited to, the convenience of persons attending the meeting, the lateness of the hour and similar concerns.  Meetings shall normally be conducted in the following order:
      (1)   Call meeting to order;
      (2)   Pledge of allegiance;
      (3)   Roll call;
      (4)   Comments by the Mayor, Council members, City Administrator and presentations. Informational, explanatory or educational comments by the Mayor, Council members and City Administrator which do not require any action. These comments may also include announcements of events, welcoming special guests or recognition of an achievement;
      (5)   Consent agenda. The consent agenda shall consist of non-controversial, routine items such as, but not limited to, refunds, routine appointments not requiring Council approval, department reports, applications, simple service contracts already vetted by city staff and not requiring Council attention, and communications not requiring action. The items comprising the consent agenda will not be considered individually, but will be adopted on one motion. Council members or the Mayor may remove any item on the consent agenda for individual discussion, and no second shall be required. No vote on such a request shall be required;
      (6)   Reports. The Council may request reports from cooperating agencies or private groups who are working with the Council on official projects or other community initiatives;
      (7)   Motions. Motions are proposals to move a matter forward or to take some action in circumstances where no written resolution has been prepared. Council members should make a motion when there is new or non-routine business requiring Council discussion prior to a vote, including, but not limited to, new liquor licenses and cigarette permits. Example: “I move the liquor license for XYZ Restaurant be approved.” Any motions concerning any procedure matter, such as the order of business or the general conduct of the meeting, may be made prior to the consideration of other business;
      (8)   Resolutions. Resolutions are written directives of the City Council directing certain actions, such as the approval of contracts. Resolutions typically direct the Mayor to sign the resolution and frequently direct the City Clerk to take whatever actions are necessary to carry out the resolution, such as to “place the contract on file in the usual manner.” Resolutions are necessary for more formal actions where a definite record of Council action is important. Resolutions presented and seconded shall first be discussed by the City Council and Mayor. After discussion by the Council and Mayor, a resolution may, at the discretion of the presiding officer, be addressed by members of the general public upon the same conditions provided under public comments. A resolution pertaining directly to other items of business should be placed first in order of resolutions being considered. Resolutions requiring a public hearing shall be considered immediately following the public hearing. Resolutions requiring a public hearing will be considered last in order of resolutions;
      (8)   Ordinances.  Ordinances are the laws of the city.  Ordinances must be read, considered and passed three separate times at three separate meetings of the City Council in order to become law. However, if the agenda provides the required public notice, a motion may be made to allow all three readings to occur at one meeting. If the motion is approved by three-fourths of all Council members (such as, not just those Council members present), then the requirement of making the readings at three separate meetings may be waived, and all three readings may occur at the present meeting. Such a motion to waive the three meetings requirement may occasionally be appropriate when an ordinance is not controversial and where time is of the essence. After discussion by the Council, members of the general public may, at the discretion of the presiding officer, address an ordinance, upon the same conditions as provided under public comments. An ordinance which requires a public hearing prior to adoption will be placed last in the order of ordinances being considered. In the case of any ordinance to amend or repeal an ordinance or section of an ordinance, the proposed amendment shall contain the entire text of the ordinance or section to be amended or repealed. Ordinances amending or repealing existing ordinances shall be drafted to repeal the former ordinance or section in its entirety, and set forth the entire text of the proposed ordinance or section, as amended;
      (9)   Discussion. Items placed on the agenda solely for discussion purposes will not be acted upon. Such discussion items determined to require action may be placed on a subsequent agenda by motion or, if no motion is made, by placement of the item on a subsequent meeting agenda through the usual process described in the “Agenda Preparation” section of these rules;
      (10)   Public comment. Members of the general public may, during the allotted timeframe on the meeting agenda, make comments on any item which was not on the agenda. The proposed speaker shall, after being recognized by the presiding officer, approach the microphone, and state his or her name and address. Comments shall be limited to three minutes, unless a longer comment is authorized by the presiding officer. The speaker shall direct comments to the presiding officer and to the Council as a whole. The presiding officer and Council members shall not engage in discussion or debate on items raised by members of the public unless the subject matter concerns an item on the posted agenda. No action may be taken on items raised in public comments; and
      (11)   Adjournment.
   (B)   Individual electronic participation.  An absent Council member may participate electronically in any City Council meeting by speaker phone or other device, provided the comments of the Council member are plainly audible to the public.
   (C)   Quorum.  A quorum is necessary for the conduct of business. A majority of the Council members shall constitute a quorum. If a quorum is not present, those in attendance may elect to discuss items, but may not take official action, except to adjourn to a later date.
   (D)   Recording of votes.  Affirmative and negative votes shall be recorded on all ordinances and resolutions and entered into the official minutes of the City Council. The outcome of a vote on a motion shall be announced by the Mayor and recorded by the Clerk.
   (E)   Majority vote required.  Unless otherwise provided by state code, an affirmative vote of at least four Council members shall be necessary to pass an ordinance or resolution. When any vote is called, each Council member shall respond: “yes,” “no” or “abstain.” An “abstain” vote of a Council member is a “no” vote, unless the Council member states he or she has a conflict of interest and states the nature of the conflict. In the case of a conflict of interest, the number of votes to approve any action is recalculated to exclude the abstaining Council member. For example, if two Council members abstain due to a conflict of interest, an item could pass on a three to two vote (provided the vote does not require a majority of the entire Council).
   (F)   Ordinance and resolution passage procedure.  When passed by the City Council, an ordinance or resolution shall be signed by the legally required person (normally the Mayor) and shall be attested to by the City Clerk. It shall be immediately filed and thereafter preserved in the office of the City Clerk.
   (G)   Publications.  All minutes, ordinances and notices will be published as required by state law.
   (H)   Consideration of emergency matters.  If, under I.A.C. § 21.4(2), and after conferring with the City Attorney, the City Council determines by majority vote that an emergency exists, agenda items may be added without 24 hours’ notice to the public. In such cases, the reasons for said emergency shall be noted in the minutes and, particularly, the reasons why the Council determined the items could not reasonably be deferred to a later meeting. Such action should rarely occur, and only when the Council believes irreparable harm will occur if action is not taken immediately.
(Res. 2017-287, passed 10-9-2017)