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Home My WebLink About9570-05 Amend Chapter 2, Article 1, Section 2-11(d) - Public Hearings at South Bend Common Council MeetingsORDINANCE No. 9570-05 Passed by the Common Council of the Ciry of South Bend, Indiana February 28, Attest: Attest: ~4G Presented by me to the Mayor of the Ciry of South Bend, Indiana March 1, 20 05 JOHN Approved and signed by me March 3, 20 05 City Clerk President of Common Council Ciry Clerk Mayer 20 05 Ordinance No. G 5 ~8 -~.~ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, SECTION 2-11(d) OF THE SOUTHBEND MUNICIPAL CODE ADDRESSING PROCEDURES GOVERNING PUBLIC HEARINGS AT SOUTH BEND COMMON COUNCIL MEETINGS STATEMENT OF PURPOSE AND INTENT This ordinance is proposed to help increase the efficiency of the operations of the South Bend Common Council at Council meetings. Currently, the Chairperson of the Committee of the Whole is required to read allowed the detailed regulations which address public hearings. This ordinance would require the Chairperson of the Committee of the Whole to read such regulations at the first regular Common Council meeting of each calendar year. Thereafter, the Chairperson would announce that the regulations are available in written form next to the Council meeting agendas at each meeting. The proposed change will permit the Council to go directly to hearing proposed Bills without any undue delay to the public. The proposed regulations are deemed to be in the best interests of the public. ~, ~~are / it a~daine~L by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 2, Article 1, Section 2-11(d) of the South Bend Municipal Code is amended to read in its entirety as follows: (d) Public hearings on all bills for ordinance consideration and proposed resolutions and petitions shall be conducted as follows: (1) The Chairperson of the Committee of the Whole shall briefly explain the procedures which will be followed for all public hearings on bills filed for ordinance consideration at the first regular Council meeting of each year. This shall be done immediately prior to the first bill scheduled for public hearing. At each regular and special meeting thereafter, the Chairperson of the Committee of the Whole shall announce that the procedures governing public hearings are available to the public in pamphlet form which are located next to the Council agendas at each meeting. (2) The Council President shall briefly explain the procedures to be followed for all public hearings on all proposed resolutions at the first Council Rules Ordinance Page 2 regular Council meeting of each year. This shall be done immediately prior to the first resolution scheduled for public hearing. At each regular and special meeting thereafter, the Council President shall announce that the procedures, governing public hearings on proposed resolutions are available to the public in pamphlet form. (3) The following procedures apply to public hearings: i. The City Clerk shall read each Bill by title only; ii. The Chairperson of the Council's Standing Committee to which the Bill was sent shall give a report on the recommendation from that Committee; iii. Reports from the Area Plan Commission or the Board of Zoning Appeals shall be given, when applicable; iv. A formal presentation on the Bill shall be made, which is not subject to a time limitation. Common Council Members shall have the right to ask preliminary questions to the presenter(s) immediately following the close of the formal presentation on the Bill. Members of the public supporting the Bill shall have the opportunity to address the Council. Each member of the public shall be required to state his or her name and residential address; or in the case of a proposal made on behalf of an entity other than a natural person or on behalf of a group of individuals, that person and/or their agent shall state his or her name and business address for the record prior to making remarks in support of the Bill. In some instances, each member of the public may also be required to sign a sheet at the public podium which calls for the listing of his or her name and residential address prior to speaking. Each member of the public speaking in favor of a Bill shall be limited to five (5) minutes for his or her presentation. v. If there is a formal presentation against the Bill under consideration, the person or agent speaking on behalf of such a remonstrance group shall not be subject to time Council Rules Ordinance Page 3 limitation. Thereafter, each member of the public speaking in opposition shall be limited to five (5) minutes for his or her presentation Each member of the public shall be required to state his or her name and residential address; or in the case of a proposal made on behalf of an entity other than a natural person or on behalf of a group of individuals, that person and/or their agent shall state his or her name and business address for the record prior to making remarks in opposition to the Bill. In some instances, each member of the public may also be required to sign a sheet at the public podium which calls for the listing of his or her name and residential address prior to speaking. The remonstrance period following any formal presentation against the Bill under consideration shall not exceed the time used by members of the public who spoke in favor of the Bill or shall be limited to thirty (30) minutes, whichever is greater. v. There shall be an automatic five (5) minute rebuttal period for the person or persons who made the formal presentation on the Bill under consideration, after which the public portion of the hearing is closed. vii. Following the public portion, the Council portion then takes place where members of the Council debate, ask questions and make motion(s) on the Bill under consideration. Each Bill must have a motion addressing the disposition of the Bill as it is then sent to the full Council for final action. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. \!' Council President Charlotte .Pfeifer 2na District Council Member South Bend Common Council Council Rules Ordinance Page 4 J Vo rde, City Clerk ~'~~,,/ by me to Stephen J. Luecke, the Mayor of the City of South Bend, Indiana, on the ~ st day of I(Y\arc.~ 2005, at l '~ `{o o'clock. m. (~ zs~ Janic ~ alboom, Deputy Clerk r~ ~jfdaired~~dby me on the 3 day of ~~ ~ 2005, at ~_ o'clock G~ .m. ~•- Stephen J. u ke Mayor of the City of South Bend, Indiana 1st f:EADiNG 2-~`~'~S~" PUBLEC HEARING ~Z8`p,S' 3 rd READING Z Zbr_o5' NOT APPROVED REFERRED .PASSED 2-z~ o S~ Filed In Clerk's office ~~d ~ 9 c00~ JOHN vS0 RgEND,11i. CITE CLERK, TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 7-05 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, SECTION 2-11 (d) OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PROCEDURES GOVERNING PUBLIC HEARINGS AT SOUTH BEND COMMON COUNCIL MEETINGS Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Roland Kelly Chairman SpU T$ $~ ~ ~ ,~~li'~I~i~'1~~,'Id ,~„~ '!;°x Cll~ Of SOtitll ~Cnd ~\ \EACE~~ ~ ~ ~ ~ ~: a Common C®uncil M 1865 ~ 441 County-City Building . 227 W. Jefferson Blvd South Bend, Indiana 46601-1830 Charlotte D. Pfeifer President Karen L. White Vice-President Roland Kelly Chairperson, Committee of the Whole Derek D. Dieter First District February 8, 2005 Members of the Common Council 4~' Floor County-City Building South Bend, Indiana 46601 (574) 235-9321 Faa (574)235-9173 TDD (574) 235-5567 http://www.ci.south-bend.in.us Re: Proposed Ordinance Amending the Rules Governing Public Hearings at Council Meetings Charlotte D. Pfeifer Dear Council Members: Second District Roland Kelly At the January 2401 I Informal Meeting of the Common Council meeting Third District held at the Century Center, there was a brief discussion on the recommendation to amend the Council Rules governing public hearings. Ann Puzzello Fourth District David Varner Fifth District Ervin Kuspa Sixth District Al "Buddy Kirsits At Large Timothy A. Rouse At Large Karen L. White At Large Kathleen Celcanski-Farrand Council Attorney Currently, the Chairperson of the Committee of the Whole reads into the record the detailed provisions governing public hearings at the beginning of this portion of each Council meeting. The suggestion has been made that this formal reading take place at the first regular meeting each calendar year, and that at all Council meetings thereafter, that the Chairperson would announce that the public hearing procedures are available in pamphlet form, which would be located next to the Council Agendas on the Council railing. The recommended change would incorporate a procedure which has been in use for several years by the Area Plan Commission. I recommend that this Bill be sent to the Council Rules Committee for formal discussion and recommendation. Thank you. Sincerely, -~ Council Member Charlotte D. Pfeifer Council President Filed 1n Clerk's ~fi~ice JOHN vS0 eE i0,1~ ~ O~ERK,