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HomeMy WebLinkAbout2010-03-01 Council Packet - Work SessionREMINDER: COUNCIL WORK SESSION MONDAY, MARCH 1, 2010 6:00 P.M. DISCUSSION/ RESOLUTION NO 2010 -07 *A LIGHT MEAL WILL BE PROVIDED. KENAI CITY COUNCIL WORK SESSION MARCH 1, 2010 KENAI CITY COUNCIL CHAMBERS 6:00 P.M. AGENDA ITEM 1: CALL TO ORDER ITEM 2: DISCUSSION /RESOLUTION NO. 2010 -07 ITEM 3: ADJOURNMENT thcq,of KENAI, ALASKA Suggested by: Mayor Pat Porter CITY OF KENAI RESOLUTION NO. 2010 -07 A RESOLUTION OF THE COUNCIL OF' THE CITY OF KENAI, ALASKA, AMENDING THE ADMINISTRATIVE POLICIES AND PROCEDURES FOR THE PREPARATION, DISTRIBUTION AND PUBLICATION OF THE CITY COUNCIL AGENDA AND PACKET, INCLUDING PROVIDING DIRECTION REGARDING THE TIME AND RULES FOR TAKING PUBLIC COMMENT. WHEREAS, KMC 1.15, Rules of'Order, establish the City of Kenai's rules for the exercise of its legislative power and further provide for the adoption of policies and procedures to guide City administration in implementing those rules of order; and, WHEREAS, to assure that the business of the City is conducted in an orderly and open manner, it is in the best interests of the City of Kenai to establish policies for City administration to follow in preparation of the Council agenda for City Council meetings under KMC 1.15.040; and, WHEREAS, public participation is essential to good government and informed decision - making by public officials and it is in the best interest of the City to formalize the times and process for hearing public comment and discussion on its City Council meeting agenda; and, WHEREAS, on July 1, 2009, the City Council approved of administrative policies and procedures to implement the City's Rules of Order in conjunction with Ordinance No. 2347 -2008, which ordinance made changes to KMC 1.15.040 -.050; and, WHEREAS, from time to time it is necessary to amend those policies and procedures to provide additional direction to City administration to implement KMC 1.15.040. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that City of Kenai Administrative Policies and Procedures for the preparation, distribution, and publication of the City Council agenda and packet are hereby amended to read as set forth on Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of March, 2010. PAT PORTER, MAYOR Al l EST: Carol L. Freas, City Clerk Resolution No. 2010 -07 Attachment A ADMINISTRATIVE POLICIES AND PROCEDURES AGENDA AND PACKET - PREPARATION, DISTRIBUTION, AND PUBLICATION (AND LATE MATERIALS] JADMINISTRATIVE POLICIES AND PROCEDURES] A. Agenda Preparation and Format 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 [A] draft agenda [SHALL BE CIRCULATED] to the Mayor to [AND] other Council Members, and to the City Manager. [1]2. Scheduled Public Comment. The agenda shall include time for scheduled public comment ( "Persons Scheduled to be Heard ") with an aggregate time of 20 minutes for all speakers. Any member of the public may request that an item be placed on the agenda for a regular Council meeting under "Persons Scheduled to be Heard_ "[, AND] A person who desires to address the Council under Persons Scheduled to be Heard 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 ten (10) minutes to address the Council. The time limitation should be reflected on the agenda. The speaker shall identify themselves in writing and state their name and address for the record. [THE REQUEST SHALL BE MADE TO THE CITY CLERK ON THE PRESCRIBED FORM, A MINIMUM OF EIGHT (8) DAYS IN ADVANCE OF THE COUNCIL MEETING.] The person may speak on any topic except ]THE CITY CLERK SHALL INFORM THE REQUESTOR THAT REQUESTS TO BE PLACED ON THE AGENDA TO ADDRESS THE FOLLOWING TOPICS SHALL NOT BE ACCEPTED]: a. [I]items scheduled for public hearing on [THE] that agenda[.] b. [P]personnel matters[]; and, c. [I]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 ( "Unscheduled Public Comment ") with an aggregate time of 30 minutes for all speakers. Any member of the public may address the Council during the scheduled time, subject to the 30 minute aggregate time period. The speaker will be permitted three (3) minutes to address the Council. The time limitation should be reflected on the agenda. Persons electing to speak shall identify themselves in writing and state their name and address for the record. The person may speak on any topic except: New Text Underlined; [DELETED TEXT BRACKETED] (est. 07/01/09; rev. 02 /03 /10)[JULY 1, 2009] Resolution No. 2010 -07 Attachment A a. items scheduled for public hearing on that agenda; b. personnel matters; and, c. items upon which litigation involving the person or his /her representative and the City is currently pending. 4. Public Hearings. Any member of the public may be heard at public hearings on resolutions and ordinances at the time designated on the agenda for the public hearing or as that time may be extended at the discretion of the Council. 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. Persons electing to speak shall identify themselves in writing and state their name and address for the record. The person may speak to the issue that is the subject of the public hearing. 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. The time limitation should be reflected on the agenda. Persons electing to speak shall identify themselves in writing and state their name and address for the record. The person may speak on any topic. B. Agenda and Council Packet Publication and Distribution [2] 1. Notice of the date, time and place, and [FINAL] of the agenda for each regular Council meeting [WILL BE GIVEN TO THE PUBLIC BY PUBLICATION] shall be published in a newspaper of general circulation no later than three (3) days prior to each regular [THE] Council meeting. [3)2. Notice of the date, time and place, and [FINAL] of the agenda for each regular Council meeting [WILL BE GIVEN TO THE PUBLIC BY POSTING TO] shall be posted on the City's official bulletin board at City Hall no later than six (6) days prior to each regular [THE] Council meeting. [4]3. The City Clerk shall post a copy of the 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 [THE] Council meeting. [5]4. Any [MEMBER OF THE PUBLIC OR] 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. [6]5. "Day" [WILL BE CONSIDERED] is a calendar day. [7.] The day of posting and /or publication and the day of the [c]Council meeting each shall be counted for the purpose of computing compliance with the posting and publication [ESTABLISHING] deadlines. New Text Underlined; [DELETED TEXT BRACKETED] (est. 07/01/09; rev. 02 /03 /10)[JULY 1, 2009] Resolution No. 2010 -07 Attachment A C. Special Meetings The agenda format, posting, publication, and public participation policies set forth in sections A and B, 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 Persons Scheduled to be Heard, 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 adoption of ordinances and resolutions. New Text Underlined; [DELETED TEXT BRACKETED] fest. 07/01/09; rev. 02 /03 /10)[JULY 1, 20091 leci of KENAI, ALASKA PI/c le with a Past, Cc with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 II(III 1992 MEMO: TO: Mayor Porter and Councilors FROM: Krista S. Stearns, City Attorney DATE:. January 28, 2010 RE: Resolution 2010 -07 In your packet is proposed resolution 2010 -07 amending the policies and procedures for administration in preparation, distribution, and publication of the Council agendas. These policies provide guidance to City administration to put into effect the rules of order in KMC 1.15.040. The attachment for the resolution, Attachment A, is typed in legislative style as is the City's custom when amending existing codes, regulations, and policies. For ease of reading, I have enclosed a "clean" version of Attachment A. Resolution No. 2010 -07 Attachment A ADMINISTRATIVE POLICIES AND PROCEDURES AGENDA AND PACKET - PREPARATION, DISTRIBUTION, AND PUBLICATION A. Agenda Preparation and Format 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 ( "Persons Scheduled to be Heard ") with an aggregate time of 20 minutes for all speakers. Any member of the public may request that an item be placed on the agenda for a regular Council meeting under "Persons Scheduled to be Heard." A person who desires to address the Council under Persons Scheduled to be Heard 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 ten (10) minutes to address the Council. The time limitation should be reflected on the agenda. The speaker shall identify themselves in writing and state their name and address for the record. The person may speak on any topic except: a. items scheduled for public hearing on that agenda; b. personnel matters; and, c. 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 ( "Unscheduled Public Comment ") with an aggregate time of 30 minutes for all speakers. Any member of the public may address the Council during the scheduled time, subject to the 30 minute aggregate time period. The speaker will be permitted three (3) minutes to address the Council. The time limitation should be reflected on the agenda. Persons electing to speak shall identify themselves in writing and state their name and address for the record. The person may speak on any topic except: a. items scheduled for public hearing on that agenda; b. personnel matters; and, c. items upon which litigation involving the person or his /her representative and the City is currently pending. 4. Public Hearings. Any member of the public may be heard at public hearings on resolutions and ordinances at the time designated on the agenda for the public hearing or as that time may be extended at the discretion of the Council. 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. Persons electing to New Text Underlined; [DELETED TEXT BRACKETED) (est. 07/01/09; rev. 02/03/10) Resolution No. 2010 -07 Attachment A speak shall identify themselves in writing and state their name and address for the record. The person may speak to the issue that is the subject of the public hearing. 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. The time limitation should be reflected on the agenda. Persons electing to speak shall identify themselves in writing and state their name and address for the record. The person may speak on any topic. B. Agenda and Council Packet Publication and Distribution 1. Notice of the date, time and place, and of the agenda 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 of 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. 3. The City Clerk shall post a copy of the 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. 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. C. Special Meetings The agenda format, posting, publication, and public participation policies set forth in sections A and B, 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 Persons Scheduled to be Heard, 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 adoption of ordinances and resolutions. New Text Underlined; [DELETED TEXT BRACKETED] (est. 07/01/09; rev. 02/03/10) \ the c/ KENAI, SUBSTITUTE A Suggested by: Council Member Molloy CITY OF KENAI ORDINANCE NO. 2347 -2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING THE EXISTING KMC 1.15.040 AND KMC 1.15.050(c) REGARDING PREPARATION, DISTRIBUTION AND PUBLICATION OF THE AGENDA AND REPLACING THEM WITH A NEW SECTION KMC 1.15.040 ENTITLED AGENDA AND PACKET - DEVELOPMENT - PREPARATION- DISTRIBUTION - PUBLICATION -LATE MATERIALS. WHEREAS, the people of the City of Kenai, exercising the powers of a home rule municipality, established the Charter of the City of Kenai which vested the legislative power of the City in the City Council; and, WHEREAS, KMC 1.15 Rules of Order currently establishes the Rules of Order for the execution of the legislation power of the City of Kenai. KMC 1.15 requires all meetings of the Council to be open to the public, actions of the Council be taken in public meetings, provides for an agenda for Council meetings, and for procedures relating to passage of ordinances, resolutions, and motions by the City Council; and, WHEREAS, KMC 1.15 currently does not require any notice to the public or publication of the Council meeting agenda or of a resolution for a Council meeting; and, WHEREAS, presently, the only requirement for notice to the public in KMC 1.15 is notice of the proposed ordinances, and the sole requirement in KMC 1.15 for notice before Council's final vote is that, after passage on the first reading, the ordinance shall be published by posting a copy thereof on the Council bulletin board, together with the notice of the time and place when and where it will be given a public hearing and be considered for final passage, with the first publication to be at least three (3) days prior to the time advertised for public hearing; and, WHEREAS, while the City of Kenai has practices for publication and notice to the public of the agenda items, it is in the best interest of the City of Kenai to establish written procedures and requirements for notice to the public and publication of the agenda for a Council meeting, and for making available to the public a meeting packet, containing the final agenda, all legislative items, and all supporting documentation for all agenda items, for the Council meeting, sufficiently in advance of the Council meeting in order to facilitate public participation in the City's business at the Council meeting; and, WHEREAS, KMC 1.15 currently has no rules regarding the rights of the Mayor and individual Council members to sponsor an ordinance for introduction or a resolution for adoption, or to request a discussion item for the agenda of a Council meeting, and to obtain the placement of such ordinance, resolution, or discussion item on the agenda of a Council meeting; and, New Text Underlined: [DELETED TEXT BRACKETED] Substitute A Ordinance No. 2347 -2008 Page 2 of 4 WHEREAS, KMC 1.15 currently has no rules regarding requests by members of the public that a matter be placed on the agenda for scheduled public comment or presentation by the requesting member of the public; and, WHEREAS, while the City of Kenai has practices for preparation, distribution and publication of the agenda for Council meetings, including the processing of ordinances, resolutions, requests for discussion items, and requests for presentations and comments by members of the public, including placement of such items on the agenda of the Council meeting, it is in the best interest of the City of Kenai to establish regulations, policies and procedures for these matters. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Kenai Municipal Code is hereby amended by repealing the existing KMC 1.15.040 and KMC 1.15.050(c) and re- enacting KMC 1.15.040 as follows: SECTION ONE (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 such discussion item shall be placed on the agenda of the regular Council meeting requested by the sponsor. ((e) FOR ADMINISTRATION, THE CITY MANAGER MAY PROPOSE 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 CITY MANAGER, FOR ADMINISTRATION, THE CITY MANGER MAY REQUEST THAT A MATTER BE PLACED ON THE AGENDA OF A REGULAR COUNCIL MEETING AS A DISCUSSION ITEM.] [D] Lek A member of the public may request that a matter be placed on the agenda [OF A REGULAR COUNCIL MEETING FOR COMMENT OR PRESENTATION, AND THE MATTER SHALL BE PLACED ON THE AGENDA OF THE REGULAR COUNCIL MEETING REQUESTED OR AGREED TO BY THE REQUESTOR, FOR SCHEDULED PUBLIC COMMENT OR PRESENTATION BY THE REQUESTOR, SUBJECT TO POLICIES AND PROCEDURES ADOPTED UNDER PARAGRAPH (L) BELOW] subject to policies and procedures adopted under paragraph (k). Being placed on the agenda on the "Persons Scheduled to Be Heard" 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. New Text Underlined DELETED TEXT BR4CKETEDi Substitute A Ordinance No. 2347 -2008 Page 3 of 4 [E] (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 paragraph (k) [AS PROVIDED IN PARAGRAPH (G)] and such item shall be removed from the agenda, unless the item has been carried over or postponed from a previous agenda. [G]l_ Notice of the date, time, place and final agenda for each Council meeting shall be given to the public by publication in a newspaper of general circulation and by posting to the City's web site and to the official bulletin board at City Hall under policies and procedures adopted under paragraph (k). Additional public notice of meetings may be given by other means. [WITH PUBLICATION TO BE DONE NOT LATER THAT SIX (6) DAYS PRIOR TO THE DATE OF THE COUNCIL MEETING, AND POSTING TO BE DONE NO LATER THAN 5:00 P.M. SEVEN (7) DAYS PRIOR TO THE DATE OF THE COUNCIL MEETING. IN ADDITION, NOTICE OF THE DATE, TIME AND PLACE OF EACH COUNCIL MEETING MAY BE GIVEN BY BROADCAST MEDIA. THE DATE OF THE COUNCIL MEETING SHALL NOT BE COUNTED FOR PURPOSES OF CALCULATING THESE DEADLINES.] [I] fh) A meeting packet containing the final agenda, all legislative items, and all supporting documentation for all agenda items shall be distributed to the Mayor, Council Members, and the City Manager. IBY NO LATER THAT 5:00 P.M. SEVEN DAYS PRIOR TO THE DATE OF THE COUNCIL MEETING. DISTRIBUTION SHALL BE MY MAIL, UNLESS THE RECIPIENT OPTS FOR ANOTHER METHOD OF DISTRIBUTION, SUCH AS PERSONAL PICK UP, ELECTRONIC MAIL, FAX OR COURIER SERVICE. FAX OR COURIER SERVICE IS ONLY AVAILABLE FOR RECIPIENTS WHO WILL BE OUT OF THE CITY OF KENAI DURING THE WEEK PRECEDING A COUNCIL MEETING.] [J] (i) The City Clerk shall cause a copy of the meeting packet to be posted on the City's web site and to be provided to the Kenai Community Library, in order to be made available for public viewing under policies and procedures adopted under paragraph (k). [BY 5:00 P.M. SEVEN (7) DAYS PRIOR TO THE DATE OF THE COUNCIL MEETING.] 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 paragraph (k). [BY 5:00 P.M. SIX (6) DAYS PRIOR TO THE DATE OF THE COUNCIL MEETING.] At least one paper copy of the meeting packet shall be made available to the public at the meeting. fjf 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. New Text Underlined [DELETED TEXT BRACKETED Substitute A Ordinance No. 2347 -2008 Page 4 of 4 [(k) EXCEPT FOR WRITTEN PUBLIC COMMENT ON AGENDA ITEMS, AND EMERGENCY AGENDA ITEM MATERIALS, ANY WRITTEN MATERIAL RELATED TO AN AGENDA ITEM THAT IS SUBMITTED TOO LATE TO BE INCLUDED IN THE MEETING PACKET SHALL NOT BE CONSIDERED BY COUNCIL MEMBERS, UNLESS SUCH LATE MATERIALS ARE SUBMITTED TO THE CITY CLERK NO LATER THAN 12:00 P.M. THE DAY BEFORE THE MEETING, AND UNLESS THE COUNCIL AFFIRMATIVELY VOTES TO ADD SUCH LATE MATERIALS TO THE AGENDA ITEM AT THE MEETING. THE CITY CLERK ALSO SHALL PROVIDE TO COUNCIL, AND MAKE AVAILABLE TO THE PUBLIC AT THE MEETING, PAPER COPIES OF WRITTEN PUBLIC COMMENTS ON AGENDA ITEMS THAT ARE SUBMITTED TOO LATE TO BE INCLUDED IN THE MEETING PACKET.] [(1)] (k) The administration will develop policies and procedures to implement this section, subject to review and approval of Council. 11 Failure to comply with the above policies and procedures will not invalidate any ordinance or Council action as long as there was a good faith effort at compliance by the City Clerk. SECTION TWO KMC 1.15.050(C) Order of Business, is repealed. [(C) THE COUNCIL'S AGENDA MAY BE PREPARED BY AN APPROPRIATE ADMINISTRATIVE OFFICER AND WHEN SO PREPARED SHALL CONSTITUTE THE AGENDA FOR THAT MEETING. AGENDA FOR SPECIAL MEETINGS WILL USUALLY NOT INCLUDE AS MANY SUBJECTS AS AGENDA FOR REGULAR MEETINGS.I PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of July, 2009. ATTEST: Carol L. Freas, City Clerk PAT PORTER, AYOR Introduced: September 3, 2008 Second Reading: September 17, 2008 Third Reading: January 21, 2009 Fourth Reading: July 1, 2009 Adopted: July 1, 2009 Effective: August I, 2009 New Text Underlined [DELETED TEXT BRACKETED] AGENDA AND PACKET - PREPARATION, DISTRIBUTION, PUBLICATION AND LATE MATERIALS ADMINISTRATIVE POLICIES AND PROCEDURES 1. Any member of the public may request that an item be placed on the agenda for a regular Council meeting under "Persons Scheduled to be Heard ", and will be permitted 10 minutes to address the Council. The request shall be made to the City Clerk, on the prescribed form, a minimum of eight (8) days in advance of the Council meeting. The City Clerk shall inform the requestor that requests to be placed on the agenda to address the following topics shall not be accepted: a. Items scheduled for public hearing on the agenda. b. Personnel matters. c. Items upon which litigation involving the person or his /her representative and the City is currently pending. 2. Notice of the date, time and place, and final agenda for each Council meeting will be given to the public by publication in a newspaper of general circulation no later than three (3) days prior to the meeting. 3. Notice of the date, time and place, and final agenda for each Council meeting will be given to the public by posting to the City's official bulletin board at City Hall no later than six (6) days prior to the meeting. 4. The City Clerk shall post a copy of the meeting packet to the City's web site and to the Kenai Municipal Library no later than six (6) days prior to the meeting. S. Any member of the public or any organization may request a copy of the meeting packet, either by paper Or electronic copy. The Clerk will provide the Copy as soon as practical. 6. "Day" will be considered a calendar day. 7. The day of the council meeting shall be counted for the purpose of establishing deadlines. July 1, 2009 1 COUNCIL APPEARANCE REQUEST Office of the City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283 -8231 Fax: (907) 283-5068 Email: cfreas @ci.kenai.ak.us NAME: Mailing Address: Residence Address: Daytime Phone: Brief Description of Topic: Preferred meeting date: Providing written statement /materiai for inclusion in the council packet is encouraged. Deadline for submittal is normally Wednesday, Noon, the week prior to the council meeting (unless a holiday changes the packet preparation day). Will electronic equipment be used for your presentation? Will you provide personal equipment? Will City equipment be needed? Projector Laptop (Contact M. Kebschull for use of laptop (283 -8235) and /or Tina Williamson for use of projector (283 - 8228). *Setup of electronic equipment MUST BE completed before 5:00 p.m. of the council meeting day. Contact City Clerk for appointment (283- 8231). Date: signature: (7/1/09) Received by City Clerk: Date Time Suggested by: Administration /Councilor Molloy CITY OF KENAI ORDINANCE NO. 2433 -2009 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 1.15.040 (AGENDA AND PACKET- DEVELOPMENT - PREPARATION- DISTRIBUTION- PUBLICATION -LATE MATERIALS) TO INCLUDE A SUBSECTION PROVIDING FOR THE CLERK'S PREPARATION OF THE AGENDA. WHEREAS, on July 1, 2009 the Council of the City of Kenai adopted Ordinance No. 2347 -2008; and, WHEREAS, Ordinance No. 2347 -2008 repealed and replaced KMC 1.15.040 and repealed KMC 1.15.050(c) regarding preparation of the agendas and packets for Kenai City Council meetings; and, WHEREAS, subsection (e) in the new KMC 1.15.040 regarding the City Clerk's preparation and distribution of the agenda was inadvertently omitted from Ordinance No. 2347 -2008; and, WHEREAS, subsection (e) should be included in the new KMC 1.15.040 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Kenai Municipal Code 14.40.040 is hereby amended as shown on Attachment "A." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day September, 2009. AT1 EST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: August 19, 2009 Adopted: September 2, 2009 Effective: October 2, 2009 New Text Underline& [DELETED TEXT BRACKETED] Ordinance No. 2433 -2009 Attachment "A" Page 1 of 2 KMC 1.15.040 (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 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 paragraph (j). Being placed on the agenda on the "Persons Scheduled to Be Heard" 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 paragraph (j) and such item shall be removed from the agenda, unless the item has been carried over or postponed from a previous agenda. (et The City Clerk shall prepare the agenda for each Council meeting after consultation with the Mayor and City Manager, subject to paragraphs (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 final agenda for each Council meeting shall be given to the public by publication in a newspaper of general circulation and by posting to the City's web site and to the official bulletin board at City Hall under policies and procedures adopted under paragraph (k). Additional public notice of meetings may be given by other means. [H) j A meeting packet containing the final agenda, all legislative items, and all supporting documentation for all agenda items shall be distributed to the Mayor, council Members, and the City Manager. [(1)) (h) The City Clerk shall cause a copy of the meeting packet to be posted on the City's web site and to be provided to the Kenai Community Library, in order to be made available for public viewing under policies and procedures adopted under paragraph (k). 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 New Text Underlined; [DELETED TEXT BRACT {ETED1 Ordinance No. 2433 -2009 Attachment "A" Page 2 of 2 paragraph (k). At least one paper copy of the meeting packet shall be made available to the public at the meeting. [(J)] jij 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. [(K)](1) The administration will develop policies and procedures to implement this section, subject to review and approval of council. [(L)] (k) Failure to comply with the above policies and procedures will not invalidate any ordinance or Council action as long as there was a good faith effort at compliance by the City Clerk. New Text Underlined.; [DELETED TEXT [3RACKETED] Mr+;MORA\DUM TO: Kenai City Council FROM: C." Cary R. Graves, City Attorney DATE: August 12, 2009 RE: Ordinance 2433 -2009 CITY OF KENAI 210 FIDALGO AVE., KENAI, ALASKA_ 99611-7794 TEI-EPITONE, 907 -283 -7533 FAX: 907 - 283 -3014 On July 1, 2009, the Council passed Ordinance 2347 -2008 regarding changing the way the agenda and packet are prepared and distributed. It repealed and replaced KMC 1.15.040 and repealed KMC 1.15.050(c). There were several versions including substitutes considered during the legislative process. The version adopted, Amended Substitute A, did not include subsection (e). It was inadvertently left out. We did not realize the omission until after passage of the ordinance. Subsection (e) reads: "The City Clerk shall prepare the agenda for each Council meeting, after consultation with the Mayor and City Manager subject to paragraphs (a) through (d). A draft agenda shall be circulated to the Mayor and other Council members, and the City Manager, before finalization." AIthough parts of Ordinance 2347 -2008 were moderately controversial, subsection (e) was not. This ordinance merely includes the subsection (e) into KMC 1.15.040 as was intended. Please let me know if you have any questions. 1.15.040 section (j). Being placed on the agenda on the "Persons Scheduled to Be Heard" portion of the agenda does not limit or restrict the re- questor's ability to speak on a different sub- ject for which public comment is allowed. (d) A sponsor, all co- sponsors, proposer or re- quester may request that an item be removed from the agenda before the agenda is pub - lished 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 sub- sections (a) through (d). A draft agenda shall be circulated to t:he Mayor and other Council Members, and the City Manager. Notice of the date, time, place and final agenda for each Council meeting shall be given to the public by publication in a news- paper of general circulation and by posting to the City's website and to the official bulletin board at City Hall under policies and proce- dures adopted under subsection (j). Addi- tional public notice of meetings may be given by other means. A meeting packet containing the final agenda, all legislative items, and all supporting docu- mentation for all agenda items shall be dis- tributed 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 (j). 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 (j). At least one paper copy of the meeting packet (0 (g) (Kenai Supp. No. 95. 12-09) 6 (i) shall be made available to the public at the meeting. 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 will develop policies and procedures to implement this section, subject to review and approval of Council. (k) Failure to comply with the above policies and procedures will not invalidate any ordinance or Council action as long as there was a good faith effort at compliance by the City Clerk. (Ords. 2347 -2008, 2433 -2009) 1,15,050 Order of business. (a) The order of business for every regular meet- ing of the City Council may be outlined on an agenda deemed to be most effective for regu- lar Council meetings. The order of business may be specified by a written agenda or cal- endar or other customary designation for scheduling of the order of business. (b) A guide for the Council's agenda, but not a mandatory format for the order of business, can be as follows: (1) Roll Call: Agenda approval, consent agenda; (2) Public Hearing (for ordinances or pro- grams as announced); Persons Scheduled to be Heard; Correspondence (reading verbatim not required if copies distributed to the en- tire Council); Old Business; New Business; Reports; Persons Present but not Scheduled to be Heard. (KC 1 -12; Ords. 212, 913, 2347 -2008) (1) (4) (5) (6) (7) (8) Subjects to discuss during "Unscheduled Public Comments" Topics to be excluded should be limited to the same as "Scheduled Public Comment" i.e. items currently scheduled for Public Hearing, Personnel Issues & Litigation matters. Other items specifically allowed should include other Agenda items including Consent Agenda, reports, bills etc. This format could also be used for "Citizen (General Public) Discussion" traditionally held at the ends of the Agenda. Recommendation: Develop language that is consistent between "Scheduled Public Comment ", "Unscheduled Public Comment" and "Citizen (General Public) Discussion" Time Limit of 30 minutes total "Unscheduled Public Comment" In my experience, rarely does the Council meeting draw a packed house with members wanting to address to the Council. However, if a subject did appear to use more than 30 minutes (10 speakers x 3 minutes) would that be a bad thing? Recommendation: Eliminate aggregate time limit and develop procedure to prevent "filibustering ". This could be accomplished by Rule of the Chair (subject to Council appeal) to announce a timeline OR keep time limit with procedure for extension by Rule of the Chair (subject to Council appeal) Expansion of 3 minutes per speaker via "proxy" A presenter should have the ability to use another person's time in a proxy -like manner. Recommendation: Develop language that would allow one speaker to use the allotted 3 minutes of others that: 1. Are present 2. Have signed up to speak 3. Are willing to give up their time to the speaker Request for address of speaker When addressing the Council at any time, I am asked for my name and address "for the record ". What address are you seeking? Mailing (often times Post Office) or residence? What about place of business if my comments are specific to the actual business? Why is that information necessary? Are you going to mail me something? Is it used to determine if I'm a Kenai resident? Would being a Kenai resident, or not, somehow change my comments in the view of the Council? Recommendation: Remove requirement to provide any address. If the topic I'm addressing is impacting where I live (or work) I'll let you know. Allowing additional Public Hearing for substantial amendments After the Public Hearing is closed the Council debates the issue and often makes amendments. These amendments have may enough impact to substantially change the Ordinance /Resolution that additional comment should be allowed in the same manner as a Public Hearing, Recommendation: Develop language that allows Public Hearing to re- opened by Rule of the Chair or request from Council member(s). Thank -you for your consideration of these suggestions, Duane Bannock PO Box 2044 1908 Aliak Kenai, AK 99611 398 2316 BOB MOLLOY (907) 283 -7373 (VOICE) - 283 -2835 (FAX) bob @molloyforcouncil.com TO: Mayor Porter, Council Members Boyle, Eldridge, Marquis, Moore, Smalley City Manager, City jClerk, City Attorney FROM: Bob Molloy 03 -01 -10 SUBJECT: Resolution No. 2010 -07 Amending The Administrative Policies and Procedures etc. Below is a list of points distilled from comments that I have received from constituents about Council Agenda, meetings and Resolution No. 2010 -07. The numbering does not represent any hierarchical priority; the numbering is random. I apologize that this is a lay down; due to my absence between meetings, I was unable to prepare this document timely for the work session and meeting packet. Points: 1. Public should not have to take questions (should be asked "will you take questions ? "), Public should be able to say No. 2. There should not be an aggregate time limit for Unscheduled Public Comment. 3. The exceptions to allowable topics should be the same for public hearings and citizen discussion as well as for scheduled and unscheduled public continent. 4. Don't want unscheduled public comment at beginning of meeting. Most people are at council meetings to watch meeting proceed and to comment on agenda items, don't waste their time. Put unscheduled public comment at end of meeting. 5. Allow unscheduled public comment at the beginning of the meeting on consent agenda items and items not on the agenda. 6. Allow public comment on all action and approval items, as well as public hearings. 7. After public hearing is closed and an ordinance or resolution is taken back to Council, there should be a process to allow the public hearing to be re- opened for public comment limited to the proposed substantial amendment to the ordinance or resolution, if a motion to amend will result in a substantial amendment to an ordinance or resolution if the amendment is passed by Council. 8. Why does Council require persons electing to speak to state their address for the record and write it down? What does the City do with that information? (Privacy concerns)? Can Council drop the requirement of the speaker's address for the record? 9. Do not like "consent agenda" - too many items are controversial, and need 2 hearings. Define consent agenda and its use. - 1 - 10. Clarify process for allowing more time (legislator's prerogative) for a speaker to speak by asking for statement to be completed, and apply this prerogative equally, not just for political allies. 11. More time between first and second hearing on ordinances, like Borough (one month cooling off period). 12. Should not put "approval" on agenda, because it implies that the Administration is telling the council what to do. Use "action." 13. Stop lay down abuse. There are too many, sufficient copies do not get distributed to public, so public has no idea what council is talking about, and lay downs appear to not be posted after meeting, either. 14. Too much talking by the chair. Pass the gavel, speak once at the end. 15. More notice of agenda than two days by newspaper publication (Friday or Sunday instead of Monday publication for Wednesday meeting) - 2 - PUBLIC NOTICE KUM ALASKA The Kenai City Council will meet in a work session on Monday, March 1, 2010 with regard to Resolution No. 2010 -07 which includes proposed amendments to the Administrative Policies and Procedures for the Preparation, Distribution and Publication of the City Council Agenda and Packet, Including Providing Direction Regarding the Time and Rules for Taking Public Comment. The work session will be held in the Kenai City Council Chambers, located at 210 Fidalgo Avenue, Kenai and will begin at 6:00 p.m. The work session is open to the public. Contact the Kenai City Clerk's office at 210 Fidalgo Avenue, Kenai, 283 -7535, extension 231 with questions. Carol L. Freas, City Clerk D/ Publish: 2/26/2010 PUBLISHER'S AFFIDAVIT UNITED STATES OF AMERICA, STATE OF AI,ASI£A Sae Denise Reece being first duly sworn, on oath deposes and says: That I am and was at al €imes here in this affidavit mentions, Supervisor of Legals of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the Council Work Session PO 690976 a printed copy of which is hereto annexed was published in said paper one each and every _ day for one successive and consecutive day_ in the iss4:n s on the following dates: February 26, 2010 SUBSCRIBED AND SWORN in me before 26th day ofPebruar_�, 2010 NOTARY PUBLIC in favor for the State of Alaska. My Commission expires 26-A -12 PUBLIC NOTICE The Kenai City Council will meet in a work session on Monday, March 1, 2010 with :.. regard to Resolution No. 2010 -07 which includes proposed amendments to the Administrative Policies and Procedures for the Preparation, Distribution and Publication of the City Council Agenda and Packet, including Providing. Direction Regarding the Time and Rules for Taking Public Comment. The work session will be held in the Kenai City Council Chambers, located at 210 Fidalgo Avenue, Kenai and will begin at 6:00 pm. The work session is open to the public. Contact the Kenai City Clerk's office at 210 Fidaigo Avenue, Kenai, 283.7535, extension 231 with questions. Carob L. Freas, City Clerk Publish: 2126/2010 0133/211 UNITED STATES OF AMERICA, STATE OF ALASKA Denise Reece PO 1190976 PUBI SHER'S AFFIDAVIT s s; being first duly sworn, on oath deposes and says: That 1 am and was at ail tizzies here this affidavit mentions, Supervisor of i9.s of the Peninsula Clarion, a news- paper of general circulation and published at Kenai., Alaska, that the Council Work Session a printed copy of which is hereto annexed was ed in said paper one each and every day for one consecutive day in the issues on the following dates: February 26, 2010 S UBSCREB3f310 AND SWORN to me before 26th day of NOTARY PUBLIC in favor for the State of Alaska. My Commission expires 26-A 12 successive kind February 2010 U The Kenai City Council will meet in a work session on Monday, March 1, 2010 with regard to Resolution No. 2010 -07 which includes proposed amendments to the Administrative Policies and Procedures for the Preparation, Distribution and Publication of the City Council Agenda and Packet, Including Providing Direction Regarding the Time and Rules for Taking Public Comment. Carol L. Freas, City Clerk Publish: 2/26/2010 PUBLIC NOTICE The work session will be held in the Kenai City Council Chambers, located at 210 Fidalgo Avenue, Kenai and will begin at 6 :00 p.m. The work session is open to the public. Contact the Kenai City Clerk's office at 210 Fidalgo Avenue, Kenai, 283 -7535, extension 231 with questions. D133/211