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HomeMy WebLinkAboutResolution No. 2024-32KENAI CITY OF KENAI RESOLUTION NO. 2024-32 Sponsored by: City Clerk A RESOLUTION AMENDING CITY COUNCIL POLICY NO. 20.000 AGENDA & PACKET - PREPARATION, DISTRIBUTION AND PUBLICATION TO REMOVE REQUIREMENTS RELATED TO PUBLISHING IN A NEWSPAPER OF GENERAL CIRCULATION. WHEREAS, the City was notified on June 18, 2024, that the Peninsula Clarion would be going from a two -day -a -week publication to a weekly publication on Fridays; and, WHEREAS, City Council meetings are currently advertised in the newspaper on the Saturday preceding the meeting; and, WHEREAS, the deadline to submit an ad in the Saturday publication is the preceding Wednesday by 3:00 p.m.; and, WHEREAS, the new deadline to submit an ad in the Friday publications will now be the preceding Tuesday by 3:00 p.m.; and, WHEREAS, shortening the deadline by one day is extremely restrictive on the City and may cause delays when conducting City business within an acceptable timeline; and, WHEREAS, as a Home -Rule Municipality Alaska Statutes 29.25.020 Ordinance Procedures publication requirements do not apply to the City of Kenai; and, WHEREAS, Kenai Municipal Charter, Section 1-7(d) Interpretation - Definitions, in part establishes that the word "publish(ed)" means a newspaper of general circulation within the City at least one time or by posting on the official City bulletin board; provided that the Council may require that any publication shall be in a newspaper of general circulation; and, WHEREAS, Council Policy No 20.000 Agenda & Packet - Preparation, Distribution and Publication currently requires public hearing notice publication in a newspaper of general circulation; and, WHEREAS, removal of the requirement to publish public hearing and meeting notices in a newspaper of general circulation will permit the City to continue to bring business forward to the Council for action in a timely manner; and, WHEREAS, the Alaska Open Meetings Act, AS 44.62.310(e) in part requires reasonable public notice for all meetings required to be open to the public, that notice may be given by print or broadcast media or posted at the principal office, and shall be provided in a consistent fashion for all meetings. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That City Council Policy No. 20.000 Agenda & Packet - Preparation, Distribution and Publication as amended and attached is hereby adopted. Section 2. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 3RD DAY OF JULY, 2024. New Text Underlined; [DELETED TEXT BRACKETED] Resolution No. 2024-32 Page 2 of 2 'd� - If Brian Gabriel Sr., Mayor ATTEST: i San f, City Clerk New Text Underlined; [DELETED TEXT BRACKETED] KENAI AGENDA & Effective Date: 2009 See Also: Page 1 of 3 CITY COUNCIL — 20.000 PACKET - PREPARATION, DISTRIBUTION AND PUBLICATION August 1, POLICY — 20.000 Last Action Date: February 15, 2023 Approved by: City Council 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 Agenda's and Packets. Scope This policy 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. Policy 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, providing their name and stating if they are a resident or non-resident of the City of Kenai. 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' 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 stating if they are a resident or non-resident of the City of Kenai. 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, 20.000 - Agenda & Packet Preparation, Distribution and Publication Page 1 of 3 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 stating if they are a resident or non-resident of the City of Kenai. 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 Comments. The agenda shall include time for citizen comments. Any member of the public may be heard under an agenda section for "Citizens Comment" under agenda item "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 by providing their name and stating if they are a resident or non-resident of the City of Kenai. 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.] 1. Notice of date, time and place of meeting will be posted on the City's Facebook page no later than (6) days prior to each regular Council meeting. 2. Notice of the date, time, and place, and the agenda and public hearing_ notice 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. 3. The City Clerk shall post a copy of the agenda, public hearing notice. and meeting packet to the 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. 20.000 - Agenda & Packet Preparation, Distribution and Publication Page 2 of 3 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 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. 2010-07; Ordinance No. 3089-2019; Resolution 2023-11 20.000 Agenda & Packet Preparation, Distribution and Publication Page 3 of 3 KF A I City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 wwwkenaixity MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Shellie Saner, City Clerk DATE: June 27, 2024 SUBJECT: Resolution No. 2024-32 - Amending City Council Policy No. 20.000 Agenda & Packet - Preparation, Distribution and Publication to Remove Requirements Related to Publishing in a Newspaper of General Circulation. On June 18, 2024 the City was notified that the Peninsula Clarion would be going from a two -day - a -week publication to a weekly publication on Fridays. City Council meetings are currently published in the Saturday publication and in order to meet that publication date the ad must be submitted at 3:00 p.m. on the Wednesday prior. With the change to Friday publications, the City was notified that our ads would now have to be submitted by 3:00 p.m. on Tuesday prior, that is more than a week prior to the meeting and restricts the amount of time staff has to prepare items for public hearings. Kenai Municipal Charter, Section 1-7 establishes in part that "publish(ed) means a newspaper of general circulation within the City at least one time or by posting on the official City bulletin board; provided that the Council may require any publication shall be in a newspaper of general circulation" Currently Council Policy No. 20.000 requires newspaper publication of the date, time, place of meeting and public hearing agenda items. The proposed amendment to the policy would remove the newspaper publishing requirement, leave the official City bulletin board publishing and include noticing the date, time and place of meeting on the City's Facebook page, which is already a current practice. The Facebook post includes a link to the agenda and public hearing notice. Your consideration is appreciated.