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HomeMy WebLinkAboutResolution No. 2023-11KENAI CITY OF KENAI RESOLUTION NO. 2023-11 Sponsored by: City Clerk A RESOLUTION AMENDING THE CITY COUNCIL AGENDA AND PACKET - PREPARATION, DISTRIBUTION AND PUBLICATION POLICY NO. 2019-01 AND RENUMBERING TO POLICY NO. 20.000. WHEREAS, City Council Agenda and Packet - Preparation, Distribution and Publication Policy No. 2019- 01 was adopted by Ordinance 2347-2008 then further amended in 2010 and 2019; and, WHEREAS, the purpose of the policy when established was to ensure City Council agenda and packets were available to the public prior to the meeting and provide a process for public comments during a meeting; and, WHEREAS, it is a best practice to review adopted policies on a regular schedule to ensure the policy remain aligned and suited to the needs of the City; and, WHEREAS, the proposed amendments align the policy with current practices and the agenda layout. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That City Council Agenda and Packet - Preparation, Distribution and Publication Policy No. 2019-01 is hereby renumbered to City Council Policy 20.000. Section 2. That City Council Policy 20.000 Agenda & Packet - Preparation, Distribution and Publication as amended and attached is hereby adopted. Section 3. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 15TH DAY OF FEBRUARY, 2023. Brian Gabriel Sr., Mayor EST: e11e . S r, C, City Clerk New Text Underlined, [DELETED TEXT BRACKETED] KENAI City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 I www.kenai.city MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Shellie Saner, City Clerk DATE: January 31, 2023 SUBJECT: Resolution No. 2023-11 - Amending the City Council Agenda and Packet - Preparation, Distribution and Publication Policy No. 2019-01 and Renumbering to Policy No. 20.000. Policy No. 2019-01 was adopted for the purpose of establishing written procedures and requirements for noticing City Council meetings, ensuring the agenda and packet were available to the public prior to the meeting and providing and process for public comments during a meeting. Periodic reviews of existing policies are recommended to ensure that all portions of that policy are still applicable and align with current practices. Recommended amendments to the Agenda and Packet - Preparation, Distribution and Publication Policy are as follows: Expanding the Purpose and Scope of the Policy. Removing the requirement that speakers must provide their address for the record. Requiring individuals to state their address for the record has become a less common and the intent is to protect the speaker from possible retaliation at their home from individuals who do not agree with their statement. The policy will now request the speaker to identify if they are a resident of the City or a non-resident. Changing "Citizen Discussion" to "Citizen Comments" reflects how it is currently displayed on our agenda. X KINAI Page Iof3 CITY COUNCIL - 20.000 [Poucv No. 2019-01] AGENDA & PACKET - PREPARATION, DISTRIBUTION AND PUBLICATION POLICY Effective Date: August 1, 2009 Last Approved Date: February 15, 2023 See Also: PRO-20.000; TSK-20.000 Approved by: City Council POLICY - 20.000 Agenda & Packet - Preparation, Distribution and Publication Purpose The purpose of this policy is to ensure a consistent process in preparing, distributing and publish the City Council Aaenda's and Packets. Scope This poticy identifies the roles of the Administration when preparing the agenda and packet items, the appropriate times for public participation during meetings and the role of the City Clerk when preparing, distributing and publishing the agenda and packet for City Council meetings. Polity 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 wilt 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, providing their name[, AND CITY OF RESIDENCY, AND ADDRESS FOR THE RECORD] and stating If they are a resident or non-resident of the City of Kenai. [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] at the time designated on the agenda for "Unscheduled Public Comment". 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, providing their name[, AND CITY OF RESIDENCY, AND ADDRESS FOR THE RECORD.] and stating if they are a resident or non-resident Of the City of Kenai. [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; 20.000 - Agenda & Packet Preparation, Distribution and Publication Page 1 of 3 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 Council. 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, providing their name[, AND CITY OF RESIDENCY, AND ADDRESS FOR THE RECORD.] and stating if they are a resident or non- resident of the City of Kenai. [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 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 others' behalf. 5. Citizen [DISCUSSION] Comments. The agenda shall include time for citizen [DISCUSSION ("DISCUSSION")] comments. Any member of the public may be heard under an agenda section for "Citizens Comment" under agenda item "[DISCUSSION] Additional Public Comments." 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,] by providing their name[, AND CITY OF RESIDENCY, AND ADDRESS FOR THE RECORD.] and stating If they are a resident or non-resident of the City of Kenai. [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 action item requiring Council action that person requests be placed on the agenda. C. Agenda and Council Packet Publication and Distribution 1. Notice of the date, time and place, and public hearing agenda items for each regular Council meeting shall be published in a newspaper of general circulation no later than three (3) days prior to each regular 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 prior to each regular Council meeting. 20.000 - Agenda & Packet Preparation, Distribution and Publication Page 2 of 3 3. The City Clerk shall post a copy of the meeting packet to the City's web site, and shall also provide a L 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 Council meeting each shall be counted for the purpose of computing compliance with the posting and publication deadlines. 6. "Non -routine agenda items" means scheduled public comments, public hearings, unfinished business items, ordinances for introduction, action items not appearing on the consent agenda, and executive session items. D. Special 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)] Additional Public Comment 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 adoption of ordinances and resolutions. Brian Gabriel Sr., Mayor ATTEST: Shellie Saner, MMC, City Clerk Policy History: Ordinance No. 2347-2008; Resolution No. 1010-07, Ordinance No. 3089-1019; Resolution 1013-11 20.000 Agenda & Packet - Preparation, Distribution and Publication Policy Page 3 of 3