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HomeMy WebLinkAboutOrdinance No. 3089-2019Sponsored by: Council Members Knackstedt And Mo lloy CITY OF KENAI ORDINANCE NO. 3089-2019 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI , ALASKA , AMENDING KENAI MUNICIPAL CODE SECTION 1.15.040, AGENDA, TO REVISE PUBLIC NOTICE REQUIREMENTS AND AMEND THE AGENDA/PACKET PREPARATIO N, DISTRIBUTION , AND PUBLICATION ADMINISTRATIVE POLICIES AND PROCEDURES TO MAKE STANDARD REVISIONS AND HOUSEKEEPING CHANGES. WHEREAS , identification and execution of strategies that result in efficiencies and cost savings within the departments of the City have been a focus of the administration; and , WHEREAS , Kenai Municipal Code (KMC) Section 1.15.040(f) requires that the agenda for each Council meeting be published in a newspaper of general circulation, among other means of notification; and, WHEREAS, the City has spent $7,200, $8,050, and $6,760 in FY2019, FY2018 , and FY2017 respectively in public meeting notification in a newspaper of general circulation; and, WHEREAS, AS 44 .62 .310 , also known as the Alaska Open Meetings Act, states that reasonable public noticing must include the date, time, and place of the meeting; and , WHEREAS , it has been the intent of the City to exceed minimum statutory standards for notice of City Council meetings; and, WHEREAS , amending notification requirements by reducing what is provided in paid notifications and provid ing alternative resources where additional information can be located is fiscally responsible and will continue to exceed minimum statutory standards. NOW , THEREFORE , BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows : Section 1. Amendment of Section 1.15.040 of the Kenai Municipal Code: That Kenai Municipal Code, Section 1.15.040 -Agenda, is hereby amended as follows : (a) The Mayor or other Council Member, City Clerk, City Attorney, or City Manager may sponsor an ordinance for introduction or a resolution for adoption , and such ordinance or resolution shall be placed on the agenda of the regular Council meeting requested by the sponsor. (b) The Mayor or other Council Member, City Clerk, City Attorney, or City Manager may request that a discussion item be placed on the agenda of a regular Council meeting , and New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3089-2019 Page 2 of 3 such discussion item shall be placed on the agenda of the regular Council meeting requested by the sponsor. (c) A member of the public may request that a matter be placed on the agenda subject to policies and procedures adopted under subsection U). Being placed on the agenda on the "Scheduled Public Comment" portion of the agenda does not limit or restrict the requestor's ability to speak on a different subject for which public comment is allowed. (d) A sponsor, all co-sponsors, proposer or requester may request that an item be removed from the agenda before the agenda is published under the policies and procedures adopted under subsection (j) and such item shall be removed from the agenda, unless the item has been carried over or postponed from a previous agenda. ( e) The City Clerk shall prepare the agenda for each Council meeting after consultation with the Mayor and City Manager, subject to subsections (a) through (d). A draft agenda shall be circulated to the Mayor and other Council Members, and the City Manager. (f) Notice [OF THE DATE, TIME, PLACE, AND AGENDA] for each Council meeting shall be given to the public under policies and procedures adopted under subsection m. [BY PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION AND BY POSTING TO THE CITY'S WEBSITE AND TO THE OFFICIAL BULLETIN BOARD AT CITY HALL UNDER POLICIES AND PROCEDURES ADOPTED UNDER SUBSECTION Ll.}]. Additional public notice of meetings may be given by other means as required by code or at the direction of Council. (g) A meeting packet containing the agenda, all legislative items , and supporting documentation for all agenda items shall be distributed to the Mayor, Council Members, and the City Manager. (h) The City Clerk shall cause a copy of the meeting packet to be posted on the City's website and to be provided to the Kenai Community Library, in order to be made available for public viewing under policies and procedures adopted under subsection fil. The City Clerk shall cause a paper copy or electronic copy of the meeting packet to be provided to any member of the public, or to any organization, upon request under policies and procedures adopted under subsection fil. At least one paper copy of the meeting packet shall be made available to the public at the meeting . (i) The City Clerk shall provide paper copies of any late materials to the Mayor, each Council Member, City Manager, and City Attorney. The City Clerk shall also make paper copies of late materials available to the public at the meeting. (j) The administration shall [MAY] develop policies and procedures to implement this section, subject to review and approval of Council by Resolution or Ordinance. (k) Failure to comply with the above policies and procedures or with any administrative policies will not invalidate any ordinance or Council action as long as there was a good faith 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 jurisdiction, such New Text Underlined; [DELETED TEXT BRACK ETED] Ordinance No. 3089-2019 Page 2 of 3 judgment shall be confined in its ope ration to the part, provi sion, or application directly involved 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 de c lares that it would have enacted the remainder of this ordinance even without such part, provision , or application. Secti on 3. Policy Amendment: That the City Council of Kenai amends the Agenda and Packet Administrative Policies and Procedures as attached which will govern agenda and packet preparation, distribution , and publication. Future amendments to the policy may be made by resolution . Section 4 . Effective Date : That pursuant to KMC 1.15.070(f), th is ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KE~ ATIEST: Introduced: October 2, 2019 Enacted : October 16, 2019 Effective: November 15, 2019 New Text Underlined; [DELETED TEXT BRACKETED] Attachment A for Ordinance No . 3089-2019 ADMINISTRATIVE POLICIES AND PROCEDURES POLICY NO. 2019-01 -AGENDA AND PACKET -PREPARATION, DISTRIBUTION, AND PUBLICATION A. Agenda Preparation and Format; Public Testimony 1. The City Clerk shall prepare the agenda for each Council meeting after consultation with the Mayor and the City Manager, subject to paragraphs (a) through (d) of KMC 1.15.040 . The City Clerk shall circulate a draft agenda to the Mayor, to other Council Members, and to the City Manager. 2. Scheduled Public Comment. The agenda shall include time for "Scheduled Public Comment." Any member of the public may request that an item be placed on the agenda for a regular Council meeting under "Scheduled Public Comment. A person who desires to address the Council under Scheduled Public Comment shall make that request in writing on a form provided by the City Clerk a minimum of eight (8) days in advance of the Council meeting. The speaker will be permitted 10 minutes to address the Council after which the speaker may elect whether to address any questions from the Council. The time limitation should be reflected on the agenda . The speaker shall identify themselves in writing, providing their name , city of residency, and address for the record . Omission of an address will not bar a person from speaking . The person may speak on any topic except: a. items scheduled for consideration on that consent agenda; b. items scheduled for public hearing on that agenda; c. personnel matters; and , d. items upon which litigation involving the person or his/her representative and the City is currently pending . 3. Unscheduled Public Comment. The agenda shall include time for "Unscheduled Public Comment." Any member of the public may address the Council during the schedule on the agenda. The speaker will be permitted three (3) minutes to address the Council after which the speaker may elect whether to address any questions from the Council. The time limitation should be reflected on the agenda . The speaker shall identify themselves in writing, providing their name, city of residency , and address for the record. Omission of an address will not bar a person from speaking. The person may speak on any topic except: a. items scheduled for consideration on that consent agenda; b. items scheduled for public hearing on that agenda; c. personnel matters; and, d. items upon which litigation involving the person or his/her representative and the City is currently pending. 4. Public Hearings; Consent Agenda Testimony. (a) Any member of the public present may be heard at public hearings on resolutions and ordinances at the time designated on that agenda for the public hearing or as that time may be extended at the discretion of the Counci l. Any member of the public present may be heard at a time designated on that agenda to accept public comment on matters appearing on the consent agenda. The agenda shall state that the speaker will be permitted three (3) minutes to address the Council. The time limitation should be reflected on the agenda. The speaker shall identify themselves in writing, providing their name, city of residency, and address for the record. Omission of an address will not bar a person from speaking. The person shall speak to the issue that is the subject of the public Attachment A for Ordinance No . 3089-2019 hearing or item on the consent agenda . The speaker may elect whether to address any questions from the Council. (b} With respect to public testimony in public hearings and relating to items on the consent agenda , persons present at a meeting may give their time over to another speaker present at the meeting; provided, however, that no single speaker present may speak for more than 30 minutes combined on their own and on othe rs' behalf. 5. Citizen Discussion . The agenda shall include time for citizen discussion ("Discussion"). Any member of the public may be heard under an agenda section for "Citizens" under agenda item "Discussion." The speaker will be permitted five (5 ) minutes to address the Council after which the speaker may elect whether to address any questions from the Council. The time limitation should be reflected on the agenda . The speaker shall identify themselves in writing, providing their name, city of residency, and address for the record . Omission of an address will not bar a person from speaking . The person may speak on any topic except: a. personnel matters; and, b . items upon which litigation involving the person or his/her representative and the City is currently pending. B. Council Packet Preparation 1. All reports , ordinances, resolutions , contracts, documents, or other matters to be submitted to the Council for a regular meeting shall be submitted to the City Clerk not later than four p.m. on the Thursday preceding the Wednesday meeting . The City Clerk shall prepare the agenda for all of these matters according to the order of business, numbering each item consecutively. 2 . Council Members and Administration are each encouraged to submit explanatory memoranda for any aetieR item requiring Council action that person requests be placed on the agenda. C. Agenda a nd Council Packet Publication and Distribution 1. Notice of the date , time and place , and tRe public hearing agenda items for each regular Council meeting shall be published in a newspaper of general circulat ion no later than three (3) days prior to each regu lar Council meeting. 2. Notice of the date, time , and place, and the agenda for each regular Council meeting shall be posted on the City 's official bulletin board at City Hall no later than six (6) days pr ior to each regula r Council meeting. 3. The City Clerk shall post a copy of the meeting packet to t he City 's web site , and shall also provide a copy of the packet to the Kenai Municipal Library, no later than six (6) days prior to each regular Council meeting. 4 . Any person and any organization may request a copy of the meeting packet, either by paper or electronic copy. The City Clerk will provide the copy as soon as practical. 5. "Day " is a calendar day. The day of posting and/or publication and the day of the Counc il meeting each shall be counted for the purpose of compu t ing compliance with the posting and publication deadlines . Attachment A for Ordinance No . 3089-2019 D. Specia l Meetings The agenda format, preparation, posting , publication , and public participation policies set forth in sections A, B, and C, above , do not apply to special meetings of the Council. Notice of special meetings shall be made under KMC 1 .10.060 and the agenda shall be circulated to each member of the Council and to the City Manager at least 24 hours prior to the special meeting where practicable . The City Clerk will prepare the agenda for a special meeting after consultation with the Mayor and the City Manager, subject to paragraphs (a) through (d) of KMC 1.15 .040 . The agenda for a special meeting will not include time for Scheduled Public Comment, Unscheduled Public Comment, or Discussion (Citizen) unless requested by a Council member, the City Manager, or the City Attorney. The agenda shall include time for a public hearing where otherwise required by law for adopt ion of ordinances and resolutions. Effective Date: November 15, 2019 Established by Ordinance No. 2347-2009 Amended by Resolution No. 2010-07 Amended by Ordinance No . 3089-2019 1'tftffap tt1/t/t, a Pa$'~ Ct~ tt1/t/t, a ht~" 2 10 Fida lgo Ave , Ke na i , Alaska 99611 -7 794 Telepho ne : (907 ) 28 3-7 53 5 I Fax : (907) 28 3-3 01 4 www. kenai.ci ty MEMORANDUM TO : FROM: DATE: SUBJECT: Mayor Gabriel and Kenai City Council Council Members Knackstedt and Molloy September 23, 2019 Ordi nance No. 3089-2019 At the August 21 51 City Council meeting, the City Clerk brought up a potential cost saving measure by reducing what from the Council 's agenda is published in newspaper ads. We have worked with the City Clerk and the City Attorney to develop some amendments to Kenai Municipal Code and an accompanying policy. If enacted, this ordinance would amend Kenai Municipal Code to indicate that noticing requirements are included in policies and procedures which may be amended from time to time by the Council. This ordinance would also amend an associated policy, which has been in place since 2009, to indicate that proper notice includes the date, time and place, and non-routine agenda items being published in a newspaper. "Non-routine agenda items" is also defined in the policy. Attached to this memo is a spreadsheet that provides examples from the last four months of actual costs to publish the agenda, the cost to publish non-routine agenda items as defined in the policy amendment, and the cost to publish only public hearing items. Your consideration is appreciated. Meeting Date Actual Non-Routine as Only Public Hearings defined in proposed policy amendment 5/1/19 $263.97 $201.49 $129.35 5/15/19 $473 .62 $388.05 $199.00 6/5/19 $341.09 $261.19 $184.08 6/19/19 $422.68 $343.28 $248.75 7/3/19 $330.34 $253 .73 $218.90 8/7/19 $328.85 $194.03 $79.60 8/21/19 $426.36 $343.28 $238.80 9/4/19 $375.71 $313.43 $253.73 9/18/19 $409.94 $238.80 $104.48 Totals $3372.56 $2537.28 $1656.69 Approximately 25% savings can be seen if Non-Routine items, as defined in the proposed policy amendment, were required to be published . Approximately 50% savings can be seen if only public hearings were required to be published . In her memo dated August 13 , 2019, the Clerk provided the following actual annual costs: Year Citv Council Aaenda FY19 $7, 198.96 FY18 $8,048.02 FY17 $6,757.79 Totals: $22,004.77 ''tftffate a1/t/t, a Pa~~ Ct'tf a1/t/t, a f"v.tfl.IC'e 11 210 FidalgoAve , Kenai , Alaska 99611 -7794 Te lephone : (907) 283-7535 1 Fax : (907) 283-3014 www.kenai .city MEMORANDUM TO: FROM: DATE: Mayor Gabriel and Kenai City Council Council Member Knackstedt September 23, 2019 SUBJECT: Ordinance No. 3089-2019 Amendments Council Member Molloy and I worked with the City Clerk and the City Attorney to develop amendments to Kenai Municipal Code and an accompanying policy amending what is published in the newspaper as public notice. While my co-sponsor and I agree that the entire agenda does not need to be published, as reflected in the ordinance and policy, I think the City can go even further. I intend to make the following amendments to the policy: Amend Policy item C.1. to read as follows: 1. Notice of the date, time and place, and tRe non routine public hearing agenda items for each regula r Council meeting shall be published in a newspaper of general circulation no later than three (3) days prior to each regular Council meeting. Amend Policy item C.6. by removing it in its entirety: 6 . "~Jon routine agenda items" means scheduled public comments, public hearings . unfinished business items, ordinances for introduction . action items not appearing on the consent agenda . and executii.1e session items. The spreadsheet provided with the sponsor memo provides a cost savings difference of actual costs to publish the agenda, the cost to publ ish non-routine agenda items as defined in the policy amendment, and the cost to publish only public hearing items. Consideration was given to also includ ing Executive Sessions in the noti ce published in a newspaper but after discussions with the City Clerk and City Attorney, it was pointed out that the City Council should retain its ability to go into Executive Session regarding any item on the agenda and Executive Sessions are often informational and action is typically not taken after the session. Your consideration is appreciated.