They won’t be doing much talking, mostly listening. Nothing has been separated by the council to discuss. And the main is event is item number one, a petition submitted by police supporters. Michael May has a new memo about what this petition means. (read below)
CONSENT AGENDA EXCLUSIONS
Notified Late: Ald. Barbara Harrington-McKinney
Agenda Item #2 is a PUBLIC HEARING ITEM
The following items are CONFIRMATION HEARINGS
5. Legislative File No. 43415 – Submitting the appointment of Mark E. Hanson for confirmation of a five-year term as the City Assessor.
6. Legislative File No. 43512 – Submitting the appointment of Heather E. Stouder for confirmation of a five-year term as the Planning Division Director.
The following items are on agenda for RECONSIDERATION
7. Legislative File No. 43446 – SUBSTITUTE – Authorizing the Mayor and City Clerk to execute an agreement to fund a $800,000 Madison Capital Revolving Fund loan to Sherman Plaza, Inc. to assist RP’s Pasta Company in its build-out of 28,000 square feet for commercial food production purposes and the goal of retaining 24 full-time equivalent (FTE) jobs and creating 20 FTE jobs in five years, in the former Kohl’s grocery store located at 2901 North Sherman Avenue and amend the 2016 Adopted Capital Budget to appropriate $800,000 from the Capital Revolving Loan Fund. (Recommended Action: RECONSIDER & REFER to 8/2/16 Common Council meeting)
8. Legislative File No. 43448 – SUBSTITUTE – Authorizing the Mayor and City Clerk to execute an agreement to fund an $80,000 Madison Capital Revolving Fund loan to Sherman Plaza, Inc. to partially fund leasehold improvements to the former Kohl’s grocery store located at 2901 North Sherman Avenue and amend the 2016 Adopted Capital Budget to appropriate $80,000 from the Capital Revolving Loan Fund.
(Recommended Action: RECONSIDER & REFER to 8/2/16 Common Council meeting)
The following items are EXTRA-MAJORITY ITEMS – Extra Majority vote items will be recorded as unanimous votes unless a roll call or exclusion is requested:
11. Legislative File No. 43501 – Amending the 2016 Storm Water Capital Budget and Authorizing the City of Madison, through the City Engineer, to accept Wisconsin Department of Natural Resources (WDNR) grant awards in the amounts of $100,000.00 for the construction of a stormwater pond in Cherokee Park, north of the Wheeler Road and Bonner Lane intersection. (18th AD) (Report of BOE – 15 votes required)
16. Legislative File No. 43619 – Authorizing the Acceptance of an Idle Industrial Sites Redevelopment Grant from the Wisconsin Economic Development Corporation (WEDC) and Amending the 2016 Parks Division Capital Budget (Report of BOE – 15 votes required)
Agenda Item part of the CONSENT AGENDA WITH ADDITIONAL RECOMMENDATION as noted:
14. Legislative File No. 43570 – Authorizing the Mayor and City Clerk to enter into a contract on behalf of the City and Monona Terrace Community and Convention Center with Otis Elevator Company for elevator and escalator maintenance. (Report of BOE – Council President Mike Verveer – Recommended Action: Re-Refer to BOE)
30. Legislative File No. 43550 – SUBSTITUTE – Recommending the selection of Heartland Housing and Heartland Health Outreach for the provision of services relating to the development, property management, and supportive services for housing for homeless adults. (Community Development Authority recommended ADOPTION at their 7/14/16 meeting)
46. Legislative File No. 43680 – Amending Sections 11.06(3) and (9)(a), creating Section 11.06(9)(g), and renumbering Sections 11.06(9)(g) through (p) to Sections 11.06(9)(h) through (q), respectively, to allow meter and zone taxicabs to use an app to book fares and to establish a special rate when fares are booked through an app. (New Business for Referral – Council President Mike Verveer – Additional Referral: Mayor’s Office)
INTRODUCTIONS FROM FLOOR FOR REFERRAL
Legislative File No. 43778 -Initial Resolution Authorizing Not to Exceed $6,850,000 Bonds of the City of Madison for various street projects. (Council President Mike Verveer)
• Recommended Action: Refer to Board of Estimates
Legislative File No. 43787 – Authorizing the Mayor and City Clerk to enter into a sole source contract with Beitler Real Estate JDS Design Team as a sole source provider of Architectural and Engineering design services for the Judge Doyle Square (JDS) public underground parking garage. (Council President Mike Verveer)
• Recommended Action: Refer to Board of Estimates, Transit & Parking Commission
LEGAL MEMO
Date: July 19, 2016
TO: Mayor Paul Soglin
All Alders
FROM: Michael P. May, City Attorney
RE: Procedure for Petition on July 19 Council Meeting: Agenda Item 1I have received a number of inquiries from the Council and the public regarding the procedure surrounding Agenda Item 1 on tomorrow night’s agenda, Legistar No. 43756, “Petition, ‘We Support Our Madison Police’ submitted by Paula Fitzsimmons.” The Petition is listed as a Communication under the Agenda heading, “Petitions and Communications.”
While I have given some preliminary readings, this memo follows a review of Robert’s Rules and discussion with Mayor Soglin, the presiding officer at tonight’s meeting.
The Council does not have any rules regarding Petitions and Communications. Many Petitions deal with the annexation or attachment of territory to the City and are routinely accepted or approved. However, this item is clearly not of that nature, but is more like a communication or letter received by the Council. A review of Communications in Legistar shows varying treatment, with many of the items appearing to be solely on the agenda of the Board of Park Commissioners and relating to use of City parks. In a number of other circumstances, it appears that the presiding officer directed the treatment of the Petitions or Communications, without formal Council action.
Sec. 2.27, MGO, deals with Council treatment of Reports, and defines “Accept”, “Adopt” or “Place on File” in that context. While that rule might provide some guidance to the Council by analogy, it is not a rule about Petitions and Communications and thus does govern your action.
In contrast, Robert’s Rules of Order Newly Revised (11th Ed.) (“RR”) has a short section on treatment of communications (P. 28, lines 5-33). After first noting that any such communication is normally “read aloud” to the body (something I have never seen done at the Council), RR goes on to say:
It is not customary to make a motion to receive a communication or a committee report, which means only to permit or cause such a paper to be read. This is an example of a case in the ordinary routine of business where the formality of a motion is dispensed with. It should be noted that a motion “to receive” a communication after it has been read is meaningless and should therefore be avoided.The reading of a communication does not in itself formally bring a question before the assembly. After the reading, or at the time provided by the order of business, a motion can be offered proposing appropriate action. If no member feels that anything needs to be done, the matter is dropped without a motion.
I consulted with the Mayor, who will be presiding at the meeting and who would rule on the proper procedure.
Based on that discussion, the procedure for this petition will be as follows:
1. The Mayor will call Item 1 and immediately move to public testimony. Members of the public who have registered to speak may do so up to the allotted three minutes per person.
2. The Council may ask questions of the registrants.
3. The Mayor will then direct the proposed treatment of the petition, which simply could be to refer it to Mayor’s office, or file it with the City Clerk. Unless there is an objection, that would be the treatment of the petition, and there would be no vote by the Council. This seems consistent with the suggestion of RR, above.
4. If an Alderperson objected to the proposed treatment, a motion for some other treatment would have to be made and seconded. At that point, other motions that are proper under RR would be in order, and the Council could proceed to debate and vote on the proposed motion.Regardless of what action is taken on the petition, to the extent the petition suggests legislative action by the Council (e.g., rescinding the appropriation for the police policy study), that can only be accomplished by a new resolution of the Council.
CC: Lisa Veldran
Maribeth Witzel-Behl
