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HomeMy WebLinkAboutOrdinance No. 3004-2018Sponsored by: Council Member Navarre *°~\'-\ CITY OF KEN A I ?o'~:5N--~ ~\I('._; ~ O R DINAN CE NO. 3004-2018 ~'0 rp t\.\ <-i '-\_J, AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI , ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 1.15.050-0RDER OF BUSINESS, TO AMEND THE USE OF THE PENDING LEG ISLATION AGENDA ITEM AND MAKE OTHER HOUSEKEEPING CHANGES. WHEREAS, Kenai Municipal Code Section 1.15.050 sets forth requiremen £conduct ing the order of business for regular meetings of the City Council; and , WHEREAS, included in the order of business is an item entitled , "Pen ng Legislation ," which was added in 2010 for the purposes of providing further guidance to a ise the City Clerk regarding how long pos t poned items should be maintained; and, WHEREAS, the City of Kenai follows Robert's Rules of Ord Newly Revised , 11 1h Edition; and, WHEREAS, all motions properly made under Robert 's ules of Order provide the City Clerk enough information for maintaining postponed or eferred legislation and the, "Pend ing Legislation ," is more appropriately used as informati to the public, administration , and Council. NOW, THEREFORE, BE IT ORDAINED BY THE OUNCIL OF THE CITY OF KENAI , ALASKA, as follows: Section 1. Amendment of Section 1.1 .050 of the Kenai Munici al Code : That Kenai Municipal Code , Section 1.15.050, Order business , is hereby amended as follows : (a) The order of business for ev ry regular meeting of the Ci ty Council shall be outlined on an agenda . (b) T he followi ng shall be t order of business at the regula r meetings of the City Council : (1) Call to Order: edge of allegiance, roll call , and agenda and consent agenda approval (public co ment shall be permitted on items included on the consent agenda); (2) Scheduled ublic Comment; (3) Unsche led Public Comment; (4) Publi earings; (5) Mi tes of Previous Meetings ; (6 ) nfinished Business ; (7) New Business ; ) Comm ission and Committee Reports ; (9) Report of the Mayor; New T ext Underli ned; [DELETED TEXT BRACKETED] Ordinance No. 3004-2018 Page 2 of 3 (10) Reports from Administration ; (11) Add itional Public Comment: citizen comments and Co uncil Member comments ; (12 ) Execut ive Session (when applicable); (13) Pending Leg islation ; And (14) Adjournment. (c) Those items on the agenda t hat are considered routine by the City Manager and the City Clerk shall be identified by an asterisk (or similar notation) ne xt to the item as listed on the agenda and thereby included under that portion of the agenda entitled "Consent Agenda." Unless a Council Membe r requests that an item on the consent agenda be considered under the regular meet ing agenda , and thus removed from the consent agenda , items listed as part of the consent agenda shall be considered, introduced , adopted , accepted, etc., as appropriate for the item listed on the agenda, by motion of the Council and roll call vote under "Call to Order, consent agenda approval." Those items approved under the consent agenda shall appear in the Council minutes as if acted upon individually. The Council shall consider an item removed from the consent agenda in its proper numerical order as indicated on the regular agenda. (d) If the Council desires to transact business out of its regular order, it may do so upon approval of a motion to suspend the rules, which motion must be approved by a two-thirds vote of the Council members in attendance . In the alternative, as each agenda item comes up, a majority of the Council can at once lay it on the table and thus reach any question which it desires to dispose of first. (e) The City Clerk shall maintain a list of [TABLED AND] pending items . Th is list shall [BE STRICKEN AT THE END OF THE MEETING AT WHICH THE CERTIFICATION OF A REGULAR ELECTION OF ANY COUNCIL MEMBER TAKES PLACE] include information beneficial to the public, administration. and Council in determining the status of the item. (f) The administration may develop policies and procedures to implement this section , subject to review and approval of Council. (g) Failure to comply w ith the above policies and procedures or with any administrative policies will not inval idate any ordinance or Council action as long as there was a good fai t h effort at compliance by the City Clerk . Section 2. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent j urisdiction , such judgment shall be confined in its operation to the part, provision , o r applicat ion directly i nvolved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances . The City Council hereby declares t hat it would have enacted the remainder of this ordinance even without such part, provision , or application . Section 3. Effective Date: That pursuant to KMC 1.15.0?0{f), th is ordinance shall take effect 30 da ys afte r adoption . ENACTED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, this 7 th day of February, 2018. New Text Underlined; [DELETED TEXT BRACKETED) Ordinance No. 3004-2018 Page 2 of 3 ATTEST: Jamie Heinz, City Clerk BRIAN GABRIEL SR., MAYOR Introduced: January 17, 2018 Enacted: February 7, 2018 Effective: March 9, 2018 New Text Underlined; [DELETED TEXT BRACKETED] 'tftfl~ «1/th a Pa.r~ Ct~ «1/th a Fattif'e " 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Gabriel and Council Members Glendening, Pettey, Knackstedt, Boyle, Molloy, and Student Representative Gilman Vice Mayor Navarre ~ January 10, 2018 Ordinance No. 3004-2018 -Amending Kenai Municipal Code to Amend the Use of the Pending Legislation Agenda Item. In 2010 , an ordinance was passed to add the "Pending Legislation" item to the City's agenda . At the time, it was identified that the purpose was to provide guidance to advise the City Clerk on how long postponed items should be maintained . However, all motions properly made under Robert's Rules of Order, provide the City Clerk enough information regarding the postponed or referred legislation. The practice of striking pending items at the end of the meeting where certification of a regular election takes place, refers to Mason 's Manual of Legislative Procedure , which provides for legislative sessions, which can be a year or longer. The Kenai Peninsula Borough utilizes Mason 's Manual of Legislative Procedure which is why they strike pending items after an election . It is recognized, however, that it is beneficial for the public, administration, and Council members, for pending items that have been postponed beyond the next meeting, or have been referred to a Commission , to be placed under the "Pending Legislation " agenda item , with a brief explanation noting the status of the legislation . Amendments contained in this ordinance will provide for the "Pending Legislation" agenda item to be utilized in a way that is beneficial to the public, administration , and Council, without requiring the items being stricken pursuant to a procedure that the City of Kenai has not chosen to govern itself with. Your consideration is appreciated .