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RESOLUTION NO. 3366
A RESOLUTION of the City Council of the City of
Bremerton, Washington, repealing Resolution No. 3349 and adopting
new Rules & Procedures for the City Council to conduct its business.
WHEREAS, the City Council adopted Resolution No. 3349 on May 18, 2022, which
adopted Rules & Procedures for the City Council to conduct its business; and
WHEREAS, the City Council desires to update the Rules & Procedures for the City Council;
NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Resolution No. 3349 is hereby repealed in its entirety.
SECTION 2. The Bremerton City Council Rules & Procedures attached hereto as Exhibit A
are hereby adopted and shall become effective upon passage of this resolution.
SECTION 3. Severability. If any one or more sections, subsections, or sentences of this
Resolution are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this Resolution and the same shall remain in full force
and effect.
SECTION 4. Effective Date. This Resolution shall take effect and be in force immediately
upon its passage.
18th
PASSED by the City Council of the City of Bremerton, Washington this day of
October
, 2023.
JEFF COUGHLIN, Council President
APPROVED AS TO FORM: ATTEST:
KYLIE FINNELL, City Attorney ANGELA HOOVER, City Clerk
Bremerton City Council
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CONTENTS
RULE 1 - MEETINGS ....................................................................................................................................... 3
RULE 2 - PRESIDING OFFICER - DUTIES .............................................................................................. 5
RULE 3 - COUNCIL MEMBERS .................................................................................................................... 6
RULE 4 - AGENDA CONTROL ...................................................................................................................... 6
RULE 5 - REGULAR COUNCIL MEETINGS - ITEMS OF BUSINESS ............................................. 7
RULE 6 - DEBATES ........................................................................................................................................ 8
RULE 7 - PARLIAMENT ARY PROCEDURE .......................................................................................... 8
RULE 8 - ORDINANCES - RESOLUTIONS .............................................................................................. 8
RULE 9 - MISCELLANEOUS ........................................................................................................................ 9
RULE 10 - COUNCIL EXPENSE REIMBURSEMENT ......................................................................... 11
RULE 11 - QUASI-JUDICIAL HEARINGS .............................................................................................. 11
RULE 12 - CLOSED RECORD HEARINGS ............................................................................................ 12
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RULE 1 - MEETINGS
1. Regular Meetings: The City Council shall meet in accordance with Rule 5, except as
follows:
(a)!There shall be no regular meeting of the City Council during the week of
Thanksgiving.
(b)!If at any time any regular meeting of the City Council falls on a legal holiday,
then pursuant to RCW 42.30.070 such regular meeting shall be held on the next business day.
i.!Upon a motion, and majority vote, the Council may recess from a
meeting to a certain time and place set forth in the motion.
ii.!Meetings may be relocated to accommodate special needs or
circumstances.
2. Special Meetings: Special Meetings or any change in the time or location of a regular
meeting shall be called by the Council President, or a majority of the members of the City Council,
by delivering personally or by mail or e-mail, written notice to each member of the Council; and to
each local newspaper of general circulation, and to each local radio or television station which has
on file with the City a written request to be notified of such Special Meeting or of all Special
Meetings. The notice must be delivered personally or by mail, or e-mail at least twenty-four hours
before the time of the meeting as specified in the notice. The call and notice shall specify the time
and place of the Special Meeting and the business to be transacted. Final disposition shall not be
taken on any other matter at such meetings. Written notice may be dispensed with:
(a)!If a member, prior to the convening of the meeting, files waiver of notice
with the City Clerk, either written or by e-mail; or
(b)!If a member is actually present at the time the meeting convenes; or
(c)!If the Special Meeting is called to deal with an emergency involving injury or
damage to persons or property, or the likelihood of such, where these requirements would increase
the likelihood of such injury or damage. (RCW 42.30.080).
3. Quorum: Four Council Members shall constitute a quorum for the transaction of business
and in the absence of a quorum the members present may adjourn the meeting to a later date.
4. Open Public Meetings Act: All Council meetings shall be conducted in conformity with
the Open Public Meetings Act (RCW 42.30).
5. Appearance of Fairness/Conflict of Interest: In all its dealings, the Council and its
individual members shall be governed by RCW 42.36 (Appearance of Fairness Doctrine); RCW
42.20 (Misconduct of Public Officers) and RCW 42.52 (Ethics in Public Service) and Chapter
2.96 BMC (Code of Ethics).
6. Executive Sessions: The Council may hold Executive Sessions during a regular or Special
Meeting to consider matters allowed under RCW 42.30.110 as it now exists or is hereafter
amended including:
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(a)!consideration of acquisition or sale of real property if public knowledge
would adversely affect the price;
(b)!discussion with legal counsel of City enforcement actions or potential or
pending litigation in which the City is, or is likely to become, a party;
(c)!to receive and evaluate complaints against a public employee, unless the
employee requests the consideration to be held in an open meeting;
(d)!evaluate the performance of an employee or qualifications of an applicant for
City employment, so long as the final decision to hire and terms of employment, and decisions to
terminate or discipline, are taken in an open meeting;
(e)!to review negotiations on the performance of publicly bid contracts when
public knowledge regarding such consideration would cause a likelihood of increased costs; and
(f)!to evaluate the qualifications of a candidate for appointment to elective
office.
See RCW 42.30.110 for complete itemization of Executive Session topics.
Before convening in Executive Session, the presiding officer shall announce the purpose of the
session and the anticipated length of such session, and whether further action is anticipated. Should
the session require more time, a public announcement shall be made that the session will be
extended. The Council will return to the open meeting, as applicable, for Adjournment of the
meeting. Confidential discussions during Executive Sessions shall not be disclosed by any Council
Member or City official in attendance to any person unless confidentiality is waived by a majority
of the Council. Violation of confidentiality may result in a censure motion by the Council during a
regular meeting.
7. Remote Appearance: Council Members may appear remotely at a Council Meeting under
limited circumstances. Remote appearances are for the benefit of the City of Bremerton and not for
the benefit of an individual Council Member. Remote appearances may occur as follows:
(a)!The Council President may approve a Council Member's remote appearance
at a Council Meeting when one or more of the following circumstances exists:
i.!Due to fire, flood, earthquake, or other emergency, there is a need for
action by a governing body to meet the emergency; or
ii.!A vote of the council of the whole is required for action; or
iii.!A unanimous vote of the whole council is required for passage of a
measure; or
iv.!On a case-by-case basis.
(b)!In the event that subsection 7(a) of Rule 1 of the Bremerton City Council
Rules & Procedures has been satisfied and more than one Council Member is absent, reasonable
efforts shall be given to provide all absent members an opportunity to appear remotely. In no event
shall the Council President approve a Council Member's remote appearance unless satisfactory
equipment is available. Satisfactory equipment shall at a minimum, mean equipment that allows all
participants and attendees to hear each other simultaneously and allows the remote Council
Members to participate to the same extent as if they were present.
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(c)!During any meeting that a Council Member is attending remotely, the Council
President or presiding Council Member shall state for the record that a particular Council Member is
attending remotely and the reasons for such attendance.
(d)!Council members appearing remotely may participate and vote during the
meeting as if they were physically present at the meeting.
(e)!Council Members appearing remotely shall comply with all rules and
procedures as if they were physically present at the meeting.
RULE 2 - PRESIDING OFFICER - DUTIES
1. Conduct of Meeting: The presiding officer at all meetings of the Council will be the President
of the Council, or in the absence of the President, the Vice President of the Council, who shall conduct
the business and deliberations of the Council under these rules. Reference herein to Council President
shall also apply to the Council Member acting in the Council President's place as presiding officer. The
President/mayor pro tempore and Vice President shall be elected by a majority of the Council Members
at the start of the first meeting of each year, or at the next Council Meeting following a vacancy. If both
the President and Vice President are absent and a quorum is present, the Chair of the Finance,
Investment, & Parking Committee shall act as Presiding Officer. If the Chair of that Committee is
unavailable, the Chair of the Public Works Committee shall act as presiding officer.
The Council President shall:
(a)!Preserve order and decorum during meetings; and
(b)!Observe and enforce all rules adopted by the Council for its government; and
(c)!Decide all questions on order, in accordance with these rules, subject to a
challenge as provided in Rule 6 Subsection 4, below; and
(d)!Recognize members of the Council in the order in which they request the floor
except priority may be given to Committee Chairs to which the item under discussion originated. No
member shall be recognized and given the floor to speak on the same matter more than once until all
other members of the Council have had an opportunity to be recognized and be heard; and
(e)!The presiding officer, as a member of the Council, shall have only those
rights, and shall be governed in all matters and issues by the same rules and restrictions as other
Council Members.
2. Check Register: The Council President shall be assigned the responsibility for signing off on
the Check Register, following Council approval.
3. Council Committees: The Council President shall make all committee assignments, as well
as Intergovernmental Representative assignments. To the degree possible, assignments will be
consistent with special skills, interests, and time constraints. Assignments will be made to the
following:
(a)!Standing Committees:
i.!Finance, Investment & Parking Committee to serve as directed by
the Council President; and
ii.!Public Works Committee to serve as directed by the Council
President; and
iii.!Public Safety Committee to serve as directed by the Council
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President; and
iv.!Audit Committee per the City Charter and Chapter 2.18 BMC; and
v.!Lodging Tax Advisory Committee per Chapter 67.28 RCW and
Chapter 3.64 BMC.
The above listed standing committees may be restructured or reorganized as authorized and
approved by the City Council without formal amendment of these rules and procedures.
(b)!Special and Ad Hoc Committees - May be established for a specific purpose or
a specific time frame to serve as authorized by the Council President.
(c)!Intergovernmental Committees, Commissions, and Boards - Established
committees, e.g., Kitsap Regional Coordinating Council.
RULE 3 - COUNCIL MEMBERS
1. Comments: Council members shall address all comments to the Council President, except
when a member moves to adopt a resolution, or when a member seconds a motion.
2. Leaving Place: No member shall leave his or her place while a question is being put or a
count is being taken.
3. Voting: A vote on any matter shall be taken by roll call and any member may abstain from
voting.
4. Questioning: Any member of the Council, including the Council President, shall have the
right to question any individual, or staff member, on matters germane to the issue before the
Council. Such questioning shall not be conducted so as to ridicule or denigrate the individual being
questioned.
5. Information Requests: A Council member may seek clarification or additional information
before voting on an issue. If such request delays consideration to another date, approval of a
majority of the Council is required.
RULE 4 - AGENDA CONTROL
1. Administration Initiated Legislation: Consideration of any subject, matter, or communication by
the Council may be initiated by the Mayor in accordance with the Agenda Bill Policy. The Council
President may reject any agenda item not complying with the policy, or allow items to be added with
exceptions granted on a case-by-case basis. Upon presentation at a Study Session, the Council as a whole
may (a) decline further consideration, (b) request information or changes before further consideration, or
(c) place the item on a Regular Business meeting agenda with or without requested changes.
2. Council Initiated Legislation: To promote the orderly development and consideration of proposed
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legislation and the efficient use of staff and Council time, Council will initiate legislation as follows: at the
joint request of two or more Council Members, they may seek legal advice from the City Attorney for them to
draft an outline of their proposed legislation for consideration at a Council Study Session. Upon submission to
the Legislative Office Manager, the Council President shall place the item on the next feasible Study Session
agenda. Following Council discussion at Study Session, the City Attorney will prepare a draft ordinance or
resolution if a request is made by three or more Council Members, and the item does not violate State law or
the City Charter. Once the legislation has been prepared, the Council President shall place it on the next
feasible Study Session. Upon presentation at a Study Session, the Council as a whole may (a) decline
further consideration, (b) request information or changes before further consideration, or (c) place the
item on a Regular Business meeting agenda with or without requested changes.
3. Removing Items: At the Briefing, or at any time prior to the start of a meeting, any item may be
removed from the Agenda for any reason upon the request of any Council Member. However, two
Council Members may demand the item be reinstated to the Agenda. The item shall be brought before the
Council as regular business on the Agenda and only tabled, continued, or rejected by majority vote.
RULE 5 - REGULAR COUNCIL MEETINGS - ITEMS OF BUSINESS
1. Regular Business Meeting: A Council Briefing to discuss the Agenda and/or General
Council Business may be held at 5:00 PM in the Council Conference Room unless a different
location is designated. The Council Meeting-shall meet-in the designated First Floor Meeting
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Chambers, unless a different location is so designated, on the 1 and 3 Wednesday of each month
at 5:30 PM or at such other day and time as designated by ordinance. The Council Meeting may
consist of the following items with the sequence and any other items added or removed as
determined by the Council President:
(a)!Call to Order
- Pledge of Allegiance (for special occasions)
(b)!Mayor's Report (per §19(5) of City Charter)
(c)!Consent Agenda
(d)!Public Recognition (may continue after General Business)
(e)!Public Hearings
(f)!General Business
(g)!Council Member Reports (5 minutes per Councilmember)
(h)!Adjournment
2. Study Session: The Study Session shall meet in the designated Council Conference Room,
ndth
unless a different location is so designated, on the 2 and 4 Wednesday of each month at 5:00 PM
or at such other day and time as designated by ordinance. The Study Session shall consist of the
following items with the sequence and any other added items as determined by the Council
President:
(a)!Briefings on Agenda Items
(b)!Other General Council Business as authorized by the Council President
(c)!Adjournment
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3. Executive Session/Recess: The agenda may be interrupted for a stated time to adjourn to
Executive Session or recess at the prerogative of the Council President, unless overruled by Council
majority.
4. Consent Agenda Items: Any Council member may request a Consent Agenda Item be
moved to the regular agenda, for which no second is required.
5. Agenda Rearrangement: The Council President may rearrange, change the sequence, or
add to or remove items from the Agendas outlined in Rule 5, Subsections (1) and (2) above.
6. Regular Council Meetings Televised: The Regular Council meetings shall be televised
unless otherwise directed by Council.
RULE 6 - DEBATES
1. Interruption: No member, including the Council President, shall interrupt or argue with
any other member while such member has the floor.
2. Courtesy: All speakers, including Council Members, during comments, discussion, or
debate of any issue, shall address their comments to the Council President with courtesy and proper
deportment. Comments shall not contain personalities, derogatory remarks, or insinuations toward
any member of the Council, Staff, or Public, but shall be confined to facts that are germane and
relevant to the issue.
3. Transgression: Upon transgression of these rules, the Council President shall call such
person to order, in which case that person shall be silent except to continue in order. If the Council
President transgresses these rules, or fails to call a transgressor to order, any other member of the
Council may, under a point of order, call the transgressor to order.
4.!Challenge to Ruling: Any member of the Council shall have the right to challenge any
action or ruling of the Council President, or member, as the case may be, in which case the decision
of the majority of the members of the Council present, including the Council President, shall
govern.
RULE 7 - PARLIAMENT ARY PROCEDURE
Procedure Guide: Robert's Rules of Order shall be used as a guide to govern the conduct of
business of the City Council while in Legislative session. However, the Council President shall
have the authority to make a final ruling on all issues of procedure, subject to Rule 6, Subsection 4
of these Rules.
RULE 8 - ORDINANCES - RESOLUTIONS
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1. Actions: Any action of the Council shall be by ordinance, resolution or motion and shall be
conducted only in open public meetings unless otherwise provided by law. Such action shall be
deemed approved by an affirmative vote of a majority of those Council members present, unless
otherwise provided by law. Any such action shall contain only a single subject matter and may not
be amended to include a different subject.
2. Submittal: No ordinance shall be submitted to the Council for consideration until approved
as to form and legality by the City Attorney and copies have been furnished to Council Members
and the City Clerk. No such ordinance shall contain any interlineations or marginal notes.
3. Presentations: Reading of ordinances and resolutions at all Council meetings shall be
deemed sufficient by the reading of a brief synopsis of the title of the ordinance or the purpose of
the resolution. The full text of an ordinance or resolution under consideration by the Council will be
provided to any member of the public upon request.
4. Reading of Ordinances: Every ordinance shall have one reading except that, upon a
request of a Council Member, an ordinance shall have two or more readings unless otherwise
directed by the Council.
RULE 9 - MISCELLANEOUS
1. Agenda: By direction of the Council President, the Legislative Office Manager shall prepare
the Agenda for each session of the Council in regular order in accordance with these rules, which
order shall not be departed from, except as provided in these rules. Such Agenda shall include all
resolutions, ordinances and matters requested by any Council Member, or the Mayor, with no items
deleted from the Agenda except as provided in Rule 4 of these rules.
2. Public Comment on Agenda Items: Any person is provided an opportunity to comment on
any Agenda item at the time the item is discussed and prior to a vote by the Council. Public
Comment may also be accepted when an amending motion is made by a member of Council and
seconded, at the discretion of the Council President. Such remarks must be confined to those that
are germane and relevant to the item being discussed and shall be subject to a time limit. If
numerous speakers are addressing the issue, the Council President may further restrict speaker time.
Written comments shall, to all intents and purposes, be considered the same as oral comments.
3. Public Recognition: Any member of the public is provided an opportunity to address the
Council and the Mayor on issues not on the Agenda. No member of the public shall engage in
discussion or comment which a) is obscene, indecent, or libelous; b) promotes the sale of products
or services; c) promotes any lottery or contest which offers prizes dependent in whole or in part
upon lot or chance. It is suggested that questions from the public posed to the Council that cannot be
answered at the Council meeting should be put in writing in order to receive a written response from
the appropriate party or parties within a reasonable time. Letters addressed to City officials will not
be read in Public Recognition unless an exception is granted by Council President based upon
exceptional circumstances. Argumentative Rebuttal is not permitted during Public Recognition.
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4. Ballot Issues: During the election period, beginning on the deadline for elective office or
ballot issues, or from the time an individual announces candidacy, whichever comes first, through
the November General Election, all announcements or advertising concerning candidates are
prohibited. Discussion of ballot issues is prohibited after the issue has qualified for the ballot.
Meetings for political parties may be announced, with the exception of fundraising events (e.g.,
dinners, drawings, etc.) or meetings where the title of the function expresses support or opposition
for any candidate, political party, or issue.
5. Public Hearings: The Council President may allocate the time allotted to Public Hearing
equally among the members of the public who wish to speak.
6. Complaints: Personal complaints, especially those of a derogatory nature against any
official or employee of the City shall not be discussed at a Council meeting. Citizens wishing to
make such complaints shall be instructed that the same should be first processed and handled
through the Mayor's office. Then, if the citizen feels appropriate action has not been taken, it shall
be proper for the complaint to be communicated in writing to the members of the Council.
Complaints against a Council Member shall be submitted to the Council President. If the complaint
is against the Council President, the complaint shall be submitted to the Vice-President.
Acceptance by the Council of a written complaint shall not, however, give rise to public discussion
thereon. The City Attorney should be consulted regarding confidentiality, rights to privacy and
other legal concerns.
7. Amendments to Rules & Procedures: Amendments to these rules shall be made by
resolution of the Council.
8. The City Clerk: The City Clerk, or duly authorized representative, shall attend all business
meetings of the City Council and maintain a permanent journal of its proceedings. All votes shall be
recorded by calling the names of each member on a positional rotation basis with Council President's
vote called last.
9. Maintain Record: All of the regular and special meetings of the City Council and each and
every part thereof shall be recorded electronically. These records shall be maintained for a period in
conformance with Chapter 40.14 RCW.
10. Prepare Minutes: Subsequent to each meeting, the Legislative Office Manager shall
prepare brief and concise action minutes of all Council meetings and submit the same to the Council
for approval. Such minutes shall contain an accurate resume of official Council actions, with
reference to all matters before it.
11. Verbatim Transcript: No member of the Council, nor any member of the administrative
staff of the City, shall be empowered or authorized to require the Legislative Office Manager to
insert in said official minutes any verbatim transcript of all or any part of the proceedings. Verbatim
transcripts shall be made a part of the minutes only when authorized by a majority vote of the entire
Council, made at the meeting wherein such verbatim request is made.
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12. Non-Compliance with rules and Waiver: Failure of a Council member to challenge the
non-compliance of Council proceedings with any rule or procedure herein, prior to the vote or
other action taken on the item under consideration, shall constitute a waiver and such non-
compliance shall not affect the outcome of any action taken by the Council unless such compliance
is required by law.
13. Council Comments: No Council Member may advertise or promote a private business or
enterprise during Council meetings except that Council Members may make announcements to
welcome a new business or announce special events regarding a private business or enterprise.
RULE 10 - COUNCIL EXPENSE REIMBURSEMENT
Members of the City Council shall observe the Expense Reimbursement Claim Policies that have been
established by ordinance or resolution. Reimbursement for travel by any member of the Council outside
the State of Washington shall be made only with the prior approval of the majority of the Council.All
Council Member expenses shall be subject to approval by the Council President.
RULE 11 - QUASI-JUDICIAL HEARINGS
1. Quasi-Judicial Body: In hearing matters requiring application of law and determination of
facts which predominantly affect particular parties rather than the public generally or a class or
group, the Council sits as a Quasi-Judicial body. It will conduct the hearing in accordance with Rule
11 and 12.
(a)!Council President convenes hearing.
(b)!Item is introduced by City Clerk.
(c)!Council President inquires:
i.!"All Council Members should now give consideration as to whether
they have: 1) a demonstrated bias or prejudice for or against any party to the proceedings; 2) a
direct or indirect monetary interest in the outcome of the proceedings; 3) a prejudgment of the issue
prior to hearing the facts on the record; or 4) ex parte contact with any individual, excluding
administrative staff, with regard to an issue prior to the hearing. If any Council member should
answer in the affirmative, then the Council member should state the reason for their answer at this
time so that the Chair may inquire of the City Attorney as to whether a violation of the Appearance
of Fairness Doctrine or a Conflict of Interest exists."
ii.!"If any member of the public believes any Council member should
excuse themselves due to a conflict with the Appearance of Fairness doctrine, or for another
concern, please state the reasons now."
(d)!Council President calls upon Administrative Staff to present the
recommendation or decision of the Administrative Hearing Examiner, or other applicable
commission or board, to provide a general background and to answer Council questions.
(e*) Council President designates the length of argument to afford a fair hearing
of the issues. Correspondence is read and testimony taken from proponents, then opponents and
those neutral. Council may ask questions of those testifying.
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(f*) Limited questioning of opposing witnesses on technical matters by either side
may be allowed in the discretion of the Council President. The City Attorney will advise the
Council President when such questioning may be a lawful requirement of the hearing.
(g*) President closes the public testimony portion of the hearing. Council deliberates
and may ask questions of the presenters.
(h)!A decision by motion is made. The Council may accept, reject, or modify a
recommendation or decision based upon its application of code criteria and appropriate findings.
(i)!No motion to rescind or reconsider the initial quasi-judicial decision may be
brought by any Council member following close of the meeting.
* Not applicable to closed record hearing.
RULE 12 - CLOSED RECORD HEARINGS
1. Hearing Procedure:
(a)!Closed record hearings on land use applications shall be conducted in
accordance with this rule. The provisions of Rule 11 are applicable to closed record hearings except as
otherwise noted therein. After the appearance of fairness inquiry, the President or staff will announce
that the decision will be based on materials received in evidence at the previous open record hearing
of the Administrative Hearing Examiner or other applicable commission or board; minutes of the prior
hearing; and the recommendation or decision from the open record hearing.
(b)!The Council may consider the following limited evidence not set forth in the
record:
i.!The Council may take official notice of information such as any law,
ordinance, resolution, rule or other fact generally known and verifiable from reliable sources.
ii.!Council Members may view the area in dispute, but shall note the
time, manner and circumstances of such view on the record.
iii.!Council deliberates and may ask questions of the staff.
iv.!A motion incorporating the decision is made. The Council may
accept, reject, or modify the Administrative Hearing Examiner's recommendation based upon its
application of code criteria and appropriate findings.
th
Dated this 18 day of October, 2023
_________________________
Jeff Coughlin
2023 City Council President
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