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HomeMy WebLinkAboutResolution No. 2025-22-z KENAI CITY OF KENAI RESOLUTION NO. 2025-22 Sponsored by: Mayor Gabriel A RESOLUTION AMENDING COUNCIL POLICY 20.000 AGENDA & PACKET - PREPARATION, DISTRIBUTION AND PUBLICATION, TO ESTABLISH A TWENTY MINUTE AGGREGATE TIME LIMIT FOR SCHEDULED PUBLIC COMMENT AND A THIRTY MINUTE AGGREGATE TIME LIMIT FOR UNSCHEDULED PUBLIC COMMENT. WHEREAS, Alaska Statutes 29.20.020 in part provides that the governing body shall provide reasonable opportunity for the public to be heard at regular and special meetings; and, WHEREAS, Kenai Municipal Code 1.15.050(b) establishes scheduled public comment and unscheduled public comments as items on the City Council agenda; and, WHEREAS, City Council adopted Policy 20.000 includes additional guidelines related to public comment during City Council meetings; and, WHEREAS, current policy provides ten -minutes per scheduled public comment speaker and three - minutes per unscheduled comment speakers; and, WHEREAS, establishing a maximum aggregate amount of time for public comments at the beginning of a meeting ensures meeting efficiency, provides speakers an equal opportunity; allows public, staff and Council advance knowledge of time allocated for public comments; and balances public input with decision making; and, WHEREAS, public participation through comments are encouraged throughout other areas of the agenda to include public hearing items, consent agenda, and additional public comments with five -minutes per speaker after the business items have been addressed. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That City Council Policy 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 2ND DAY OF APRIL, 2025. Brian Gabriel Sr., Mayor ATTEST: Michelle'M, Skne,\Mf0C, City Clerk New Text Underlined; [DELETED TEXT BRACKETED] J K E N A I CITY COUNCIL - 20.000 Page 1 of 3 AGENDA & PACKET - PREPARATION, DISTRIBUTION AND PUBLICATION Effective Date: August 1, 2009 Last Action Date: April 4, 2025 See Also: 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 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. Scheduled Public Comr t shaLL be limited to a total aggregate time of 20 minutF nd each x 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". Unscheduled Public Comment will be limited to a total aggregate of time of 30 minutes, and each 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 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 fora 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 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: Sheltie Saner, MMC, City Clerk Policy History. Ordinance No. 2347-2008, Resolution No. 2010-07, Ordinance No. 3089-2019; Resolution 2023-11; Resolution No. 2024-32; Resolution No. 2025-XX 20.000 - Agenda & Packet Preparation, Distribution and Publication Page 3 of 3 K... F N A I City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 ( www.kenaixity MEMORANDUM TO: Council Members FROM: Brian Gabriel, Mayor DATE: March 27, 2025 SUBJECT: Resolution No. 2025-22 - Amending Council Policy 20.000 Agenda & Packet - Preparation, Distribution and Publication to Establish a Twenty Minute Aggregate Time Limit for Scheduled Public Comment and a Thirty Minute Aggregate Time Limit for Unscheduled Public Comment. Alaska statutes require a governing body to provide a reasonable opportunity for the public to be heard during regular and special meetings. The City Council as the governing body may establish reasonable limits, and setting an aggregate time limit on public comments at the beginning of the meeting helps keep the meeting on track, ensures equal opportunity for speakers, supports transparency by providing the public, staff, and Council with advance knowledge of the time allocated for public comment, and balances public input with decision -making process. Kenai Municipal Code and Council Policy 20.000 allows the public an additional opportunity to speak at the end of the agenda under "Additional Public Comments." This portion of the agenda does not have an aggregate time limit; however, each speaker is limited to five minutes.