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HomeMy WebLinkAbout2008-10-15 Council Packet - Work Session1 REMINDER: WORK SESSION OCTOBER 15, 2008 5:30 P. M 1 COUNCIL CHAMBERS REGARDING ORDINANCE N01 2347 ,m2008 f /,<!i ,of KENAI, ALASKA 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 five (5) 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] 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 KMC 1.15.040 Agenda is repealed and re- enacted as follows: [THE AGENDA FOR EACH MEETING OF THE CITY COUNCIL SHALL BE PREPARED BY THE CITY CLERK AFTER CONSULTATION WITH THE CITY MANAGER AND THE MAYOR. SUCH AGENDA SHALL BE DISTRIBUTED BY THE CITY CLERK TO EACH MEMBER OF THE COUNCIL AT LEAST TWENTY -FOUR (24) HOURS PRIOR TO THE MEETING, AND NO FURTHER ITEMS SHALL BE ADDED TO THE AGENDA EXCEPT BY MAJORITY VOTE OF THE COUNCILMEN PRESENT AT A MEETING.] 1.15.040 AGENDA AND PACKET — PREPARATION-DEVELOPMENT- DISTRIBUTION- PUBLICATION -LATE IvATERIALS jAMENDMENT11 (a) The Mayor or other Council member 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 may request 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) 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 Manager may request that a matter be placed on the agenda of a regular Council meeting as a discussion item. 1 The language in italics has been added since a draft of the ordinance language was placed in the packet for the August 20th meeting. The word "amendment" was deleted from the original version. New Text Underlined' [DELETED TEXT BRACKETED] Ordinance No. 2347 -2008 Page 3 of 4 (d) 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 bu the requestor, for scheduled public comment or presentation bu the requestor, subject to policies and procedures adopted under paragraph (.1) below.2 (e) A sponsor, all co- sponsors, or a requester may request that an item be removed from the agenda, before the agenda is published 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. (f) The City Clerk shall prepare the agenda for each Council meeting, after consultation with the Mayor and City Manager, subject to paragraphs (a) through (e). A draft agenda shall be circulated to the Mayor and other Council members, and the City Manager, before finalization. Jg) 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 at City Hall, with publication to be done no later than 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. (h) Once the final agenda is published as provided in paragraph (g), no item may be removed or added to the agenda except by majority vote of the Council meinhers present at the meeting. (i) A meeting packet, containing the final agenda, all legislative items, and all supporting documentation for all agenda items, shall be distributed to the Mayor, other Council members, and the City Manager, by no later than 5:00 p.m. seven days prior to the date of the Council meeting. Distribution shall be by 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. (i) The City Clerk shall cause a copy of the meeting packet to be posted on the Cit 's web site and to be provided to the Kenai Community Library, in order to be made available for public viewing, 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 2 The language in italics has been added since a draft of the ordinance language was placed in the packet for the August 20th meeting. New Text Underlined' [DELETED TEXT BRACKETED Ordinance No. 2347 -2008 Page 4 of 4 upon request by 5:00 p.m. six (6) daps prior to the date of the council meetinq.3 At least one paper copy of the meeting packet shall be made available to the public at the meeting. (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 affi„ natively votes to add such late materials to the agenda item at the meeting. The City Clerk shall provide paper copies of such late material to the Council, and shall make paper copies of such late materials available to the public 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) The Administration may develop policies and procedures to implement this section, subject to the review and approval of Council. 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.] PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of October, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: September 3, 2008 Adopted: September 17, 2008 Effective: October 17, 2008 3 The language in italics has been added since a draft of the ordinance language was placed in the packet for the August 20th meeting. New Text Underlined; [DELETED TEXT BRACKETED] TO: Mayor, Council Members, & Administration FROM: Bob Molloy 4y/ DATE: 08/27/08 SUBJECT: Summary of lag-posed Code Changes Ordinance Draft This memo provides a summary of the proposed Code changes (other than the proposed changes in the ordinance's title). The proposed Code changes relate to the development, preparation, distribution, and publication of the agenda for City Council meetings, and also address late materials. The proposed Code changes do not affect the conduct of the Council meeting itself or any parliamentary procedures at the meeting, A. Development and Preparation of Agenda. The first sentence of the existing KMC 1.15.040 is: "The agenda for each meeting on the City Council shall be prepared by the City Clerk after consultation with the City Manager and the Mayor." 1. The first sentence of proposed new KMC 1.15.040(1) states: "(f) The City Clerk shall prepare the agenda for each Council meeting, after consultation with the Mayor and City Manager, subject to paragraphs (a) through (e)." (Emphasis supplied). The "subject to" phrase is the proposed substantive change. The intent is that paragraphs (a) through (e) are Rules of Order to be followed in the preparation of the agenda for each Council meeting. 2. New Rules of Order paragraphs (a) and (b). While the Council as a whole executes the legislative power by a majority of 4 votes at the Council meeting, paragraphs (a) and (b) clarify that 4 votes are not required for the initial placement on the agenda of an individually sponsored legislative or policy discussion item. Paragraphs (a) and (b) establish in written Code the Mayor's and the individual Council member's right, as legislators, to sponsor a legislative or policy discussion item, and to obtain placement of their sponsored item on the agenda of the Council meeting requested by the sponsor. The "Council meeting requested by the sponsor" could be the next Council meeting or a later Council meeting agreed to by the sponsor with the Mayor and City Manager, given other business already scheduled, time sensitive nature, or other considerations. 3. New Rule of Order paragraph (c). The City's Charter, Section 3 -2(6), provides that the City Manager may make recommendations on matters of policy and other matters to the Council. Under the City's practice, the City Manager may propose an ordinance for introduction or a resolution for adoption, or request that a discussion item be on the agenda. Paragraph (c) establishes this practice in written Code. 4. New Rule of Order paragraph (d). Paragraph (d) has been re- written based on comments received; the new language is underlined. Paragraph (d) is directed at the "Persons Scheduled to Be Heard" portion of the agenda for scheduled comment or presentation by members of the public. The intent of paragraph (d) is to establish in Code what is basically the City's current practice for scheduled public comment or presentation. It is my understanding that the City Administration utilizes unwritten practices for processing such requests by members of the public, including screening for subjects exempt from public comment such as pending personnel matters, etc. The intent of the ending phrase "subject to policies and procedures adopted under paragraph (1) below" is that Administration will create written policies and procedures for processing such requests by members of the public, to be reviewed and approved by Council. The intent is that the public's right to free political speech on City business matters will be balanced with reasonable restrictions that will now be in written policy and procedure available for public notice and review (if this proposed change is adopted by Council), instead of being handled under the Administration's unwritten practices. S. New Rule of Order paragraph (e). Paragraph (e) establishes that the Mayor or Council member who is a sponsor of an ordinance, resolution, or discussion item, or all co- sponsors of such items, may request that such an item be removed from the agenda, before the agenda is published, and such item shall be removed from the agenda, unless the item has been carried over or postponed from a previous agenda. The intent of Paragraph (e) also is to establish that a requester may do the same, and have their item removed from the agenda, unless the item has been carried over or postponed from a previous agenda. Requesters include (1) the City Manager for Administration - requested ordinances, resolutions, and discussion items, and (2) a member of the public for the requested scheduled comment or presentation by that person or their organization. - 2 - B. Distribution of Agenda. The first part of the second sentence of the existing KMC 1.15.040 is: "Such agenda shall be distributed by the City Clerk to each member of the Council at least twenty -four (24) hours prior to the meeting ... " 1. The second sentence of proposed new KMC 1.15.040(f) states: A draft agenda shall be circulated to the Mayor and other Council members, and the City Manager, before finalization." The intent of this substantive addition is to provide earlier notice to Council members of tentative agenda items so as to allow Council members the opportunity to see if their sponsored items are on the agenda and to communicate with the Mayor and Administration if their sponsored items are omitted from the tentative agenda, or if they want to either postpone their item to a future agenda or remove their item from the agenda (if not held over from a previous agenda, such as already postponed or tabled items). 2. New paragraph (i) provides that the meeting packet, containing the agenda etc., shall be distributed to the Mayor, other Council members and the City Manager at least seven (7) days prior to the meeting, instead of the one (1) day in current Code. 3. New paragraph (i) also provides that this distribution would be by mail, unless the recipient opts for personal pick up or electronic mail, with fax or courier service "only available for recipients who will be out of the City of Kenai during the week preceding a Council meeting." C. Publicaton land Posting) of Agenda. There is currently no Code requirement for publication or posting of the agenda. '1. It is my understanding that the City's current practice for publication is publication in the newspaper on Mondays for a Wednesday Council meeting, so there is notice published only two (2) days before the meeting date. New paragraph (g) would require publication of the agenda six days in advance, i.e., on the Thursday before the next Wednesday Council meeting. 2. It is my understanding that the City's current practice for posting to the City's web site is five (5) days in advance of the meeting date, i.e. by 5:00 PM on the Friday before the next Wednesday Council meeting. Paragraph (g) would require posting of the agenda (to the web site and at City Hall) seven (7) days in advance, i.e., on the Wednesday before the next Wednesday Council meeting. 3- D. Distribution of Meeting Packet. There is currently no Code requirement for other distribution of the meeting packet, including agenda and supporting materials, to members of the public; or for providing for any other public access. 1. It is my understanding that the City's current practice is to post a copy of the meeting packet to the City's web site five (5) days in advance, i.e. by 5:00 PM on the Friday before the next Wednesday Council meeting. New paragraph (j) would require that the meeting packet be posted to the City's web site, and also be provided to the Kenai Community Library, in order to be made available for public viewing, by 5:00 p.m. seven (7) days prior to the date of the Council meeting, i.e., on the Wednesday preceding the next Wednesday Council meeting. 2. It is my understanding that the City's current practice is to provide paper copy of the meeting packet etc. to any member of the public, or to any organization, upon request, two (2) days in advance of the meeting date, i.e. on Mondays for a Wednesday meeting. New paragraph (j) would require that a paper copy or an electronic copy of the meeting packet be provided to any member of the public, or to any organization, upon request, by 5:00 p.m. six (6) days prior to the date of the Council meeting, i.e. on the Thursday before the next Wednesday Council meeting. 3. New paragraph (j) would also require that at least one paper copy of the meeting packet be made available to the public at the meeting. This could be done in the form of a 3 -ring binder similar to the Council's binders. This binder could be shared by members of the public at the meeting. E. Late Materials. The last part of the second sentence of the existing KMC 1.15.040 is: " ... and no further items shall be added to the agenda except by majority vote of the Councilmen present at a meeting." 1. The proposal made in new paragraph (h) is that once the final agenda is published, no item may be "removed or added" to the agenda except by majority vote of the Council members present at the meeting. 2. In addition, the subject of proposed new section (k) is late materials that become "lay downs." The proposed deadline is Noon the day before the Council meeting, except for written public comment on agenda items and emergency agenda item materials. F. The proposed change made in paragraph (1) is that "The Administration may develop policies and procedures to implement this section, subject to the review and approval of Council." G. Repeal of KMC 1.15.050(c). 1. The existing KMC 1.15.050(c) appears to conflict with KMC 1.15.040 in that paragraph (c) states in part that "The Council's agenda may be prepared by an appropriate administrative officer" while KMC .15.040 states that "The agenda . . . shall be prepared by the ity Clerk after consultation with the City Manager and the Mayor." A repeal of of KMC 1.15.050(c) eliminates this conflict. -5 Sections: 1.15.010 1.15.020 1.15.030 1.15.040 1.15.050 1.15.060 1.15.070 1.15.080 1.15.090 1.15.100 1.15.110 1.15.120 1.15.130 Chapter 1.15 RULES OF ORDER Presiding officer. City Clerk. Public meetings. Agenda. Order of business. Motions. Ordinances — Procedure in passing. Resolutions. Ordinances and resolutions. Speaking. Voting. Rules of order. Telephonic participation. 1.15.010 Presiding officer. (a) The Mayor shall preside at all meetings of' the Council. He shall preserve order and decorum among the Council Members and is responsible for conduct of all meetings in compliance with these rules. He may, at any time, take such reasonable action as he deems proper to preserve order among the spectators in the Council Chamber during sessions of the Council. He may speak to points of order in preference to other members, and shall decide all points of order, subject to appeal to the Council by motion duly seconded as herein provided. He may participate in the debate on any matter. He may, at anytime, call any member to the Chair during any meeting, such substitution to discontinue when he elects to resume the Chair, and in no event beyond adjournment of the meeting at which such substitution is made. (b) In the temporary absence or disability of the Mayor and Vice Mayor, any member of the City Council may call the Council to order at any regular or duly called special meeting to elect a president pro tempore from among its 1.15.010 numbers; and the president pro tempore shall exercise all powers of Chairman during temporary absence or disability of the Mayor and Vice Mayor, and may vote on questions before the Council. (KC 1 -8) 1.15.020 City Clerk. (KC 1 -9, Repealed Ord. 794) 1.15.030 Public meetings. All meetings of the Council shall be open to the public, and all actions of the Council shall be taken in public meetings. However, the members of the Council sitting as the committee of the whole and any other committee of the Council may hold private meetings, as provided by the City Charter, Section 2 -6. The Council, by a vote of five (5) members, may resolve itself into private committee of the whole by adopting a motion that the Council resolve itself into private committee of the whole; and the Mayor or any four (4) Councilmen may call a meeting of the private committee of the whole when the Council is not in session. (KC 1- 10) 1.15.040 Agenda. The agenda for each meeting of the City Council shall be prepared by the City Clerk after consultation with the City Manager and the Mayor. Such agenda shall be distributed by the City Clerk to each member of the Council at least twenty-four (24) hours prior to the meeting, and no further items shall be added to the agenda except by majority vote of the Councilmen present at a meeting. (KC 1 -11; Ord. 755) 1.15.050 Order of business. (a) The order of business for every regular meeting of the City Council may be outlined on an agenda deemed to be most effective for regular Council meetings. The order of business may be specified by a written agenda or calendar or other customary designation for scheduling of the order of business. 5 (Kenai Supp. No. 66,12 -05) 1.15.050 (b) A guid rranda can be (1) R a (2) P p (?:) P (4) C re e (5) 0 (E) N (Z) R (g) P H (c) The Co approp so pre that m wall us agenda (KC 142; 0 1.15.060 (a) A mo order, to an (b) No app officer second order u decid debatab thie de jwdgme to be major contra (e) Amy inquiry the mee (d) Amy m wiithou offficer (Kenai Suppn. No. 86 :e Cduncil's agenda, but not a at fo the order of business, NS: 1: Agdnda approval, consent -Lear g (for ordinances or as a minced); Iche led to be Heard; adenee (reading verbatim not if co ies distributed to the ancil) less; iness;. 'resen abut not Scheduled to be agend may be prepared by an ministkJative officer and when gall constitute the agenda for Agen4h for special meetings ft inc tide as many subjects as .rlar cetings. 913 ms. nend In amendment shall be in otion!to amend an amendment nt shall not be entertained. n any decision of the presiding be entertained unless it is no other business shall be in question on appeal has been question on appeal is not shall be put as follows: "Shall of the Chair stand as the e Council ?" It shall be deemed in the affirmative unless a he votes given are to the make a parliamentary man at any time during may Chai may nd a Pe ake a point of order y time. The presiding points of order in 6 (e) preference to other members, and shall decide all such questions, subject to appeal to the Council by motion duly seconded; and no other business shall be in order until the question on appeal has been decided. When the previous question is moved by any member, all debate on the main question shall be suspended immediately and the presiding officer shall put the question to the following form: "The previous question is moved on (specifying the motion on which the previous question is demanded). As many as are in favor of ordering the previous question will so indicate." If four (4) members vote affirmatively, the affirmative has it, the previous question is ordered, and the Chairman will proceed immediately to put to a vote the question on which the previous question was ordered. If less than four (4) members so indicate, the negative has it, the motion is lost, and the question reverts to the immediately pending question, which is again open to debate and amendment as if the previous question has not been demanded. (f) The presiding officer shall put all questions in the order in which they are moved unless a subsequent motion shall be previous in its nature, except in naming sums and fixing times, the largest sum and the longest time shall be put first. When a vote has been taken, any member who voted on the prevailing side may move a reconsideration thereof at the same meeting or at the next succeeding meeting whenever motions are in order, provided that the subject matter has not passed out of the control of the Council. (h) A motion to reconsider requires four (4) votes; if such motion thus prevails, the subject shall be open to debate and amendment in the same manner as the original question. Debate on motions to reconsider shall be limited to twenty-five (25) minutes, and no member shall speak more (g) minutes) if afforded for compliance with this Wile. (j) Any previous vote may be rescinded by vote of four (4) members of the Council at any time, provided the subject matter has not passed out of the control of the Council. (k) All motions shall require a second, unless otherwise provided (1) Any member may require the division of a question when the sense of it will admit. (m) When a question is under debate, the presiding officer shall receive any of the following mo- tions but no other: (1) To adjourn; (2) To recess; (3) To raise a question of privilege; (4) To call for the order of the day, or the regular order, (5) To lay on the table; (6) For the previous question; (7) To limit or extend limits of debate; (8) To postpone to a certain time; (9) To refer, (10) To postpone indefinitely. (n) When one of the above motions has been made, none of the others inferior to it in the order in which they stand above shall be made; and in proceeding to vote, motions pending shall be put in the order of their rank as above arranged. The first seven (7) are not subject to debate. A motion to postpone to a certain time, refer, amend, or to postpone indefinitely may be amended; the previous question may be demanded before an amendment, which motion shall be decided without debate. A motion to adjoum shall always be in other provided that business of a nature to be recorded in the jour- nal has been transacted since any previous motion to adjourn has been defeated. No mo- tion or proposition of a subject different to that under consideration shall be admitted under color of an amendment. When a matter has been especially assigned to be taken up at a fixed time, or at a certain stage of proceedings, such matter shall, at the appointed time, or at 7 1.15.060 any time subsequent thereto, be in order upon the call of any member, and take precedence over all of the business. (o) After a motion is stated or read by the presid- ing officer, it shall be deemed to be in the pos- session of the Council, and shall he disposed of by vote, but the mover may withdraw it at any time before decision or amendment, by consent of the second. (KC 1 -13; Ord. 556) 1.15.070 Ordinances — Procedure in passing. (a) Every ordinance shall he introduced in writing and shall be orally read before any vote for passage thereof is taken. After passage on first reading, the ordinance shall be published by posting a copy thereof on the Council bulletin board, together with a notice of the time and place when and where it will be given a public hearing and be considered for final passage. The first such publication shall be at least five (5) days prior to the time advertised for public hearing. (b) At the time and place so advertised by posting, or at any time and place to which such hearing shall from time to time be adjoumed, all per - sons intpressted who art;cat „ ha l be given an opportunity to be heard. Before the hearing begins, the ordinance shall be read a second time by title or in full. (c) After such hearing, the Council may finally pass such ordinance with or without amend- ments. The vote on final passage shall be by roll call, and the vote shall be entered in the journal. (d) No ordinance, except an emergency ordinance or an ordinance making, repealing, transferring, or otherwise changing appropriations, may be finally passed on the same day that it is intro- duced. By unanimous consent of all Council -. men present, such ordinances may be read a second time and then, by the required vote, be passed, on the same day on which they are introduced. All persons present shall be given 1.15.070 an opportunity to be heard before the vote on final passage. (e) After final passage, every ordinance shall be published by posting it in full on the Council bulletin board. (f) Emergency ordinances and ordinance making, repealing, transferring, or otherwise changing appropriations, shall go into effect immediately upon passage unless they specify a later time. All other ordinances shall go into effect one month after passage and publication unless they specify a later time, or unless they are referred to the voters by the referendum. Within a reasonable time after final passage of an ordinance, the City Clerk shall cause it to be recorded and indexed with the other ordinances of the City. (KC 1 -14) (g) 1.15.080 Resolutions. (a) Every resolution shall be introduced in writing and shall be orally read before any vote for passage thereof is taken. (b) On any vote for passage of a resolution, all persons interested who appear shall be given an opportunity to be heard. After such hearing, the Council may finally pass such resolution with or without amendments. First reading of any resolution shall be final and no further passage shall be required. After final passage, every resolution shall be posted in full on the Council bulletin board. Every resolution, unless it shall specify a later date, shall become effective upon final passage. (KC 1 -15) 1.15.090 Ordinances and resolutions. Oral reading in full of an ordinance or resolu- tion may be waived by unanimous consent of all Councilmen present, but in such case the ordinance or resolution shall be read by title. (KC 1 -16) 1.15.100 Speaking. (a) A member about to speak shall respectfully address the Chair, and shall not commence to speak until recognized by the presiding officer. When two (2) or more members request to speak at the same time, the presiding officer shall determine which one is recognized.. (b) Every member while speaking shall confine himself to the subject under debate, shall re- frain from personalities, and shall not refer to any other member of the Council except in a respectful manner. (c) Unless a member who has the floor yields for that purpose, no member shall interrupt another while speaking, except to propound a parlia- mentary inquiry or make a point of order. (d) No member shall speak more than twice or for more than ten (10) minutes continuously to any one question, except that one or more addition- al periods of ten (10) minutes may be granted by unanimous consent. The reading of papers desired by any member shall be read by him- self or herself or by the City Clerk within the member's time limitation unless permission for the Clerk to read such paper outside the time limitation is unanimously granted. (KC 1.17) 1.15.110 Voting, (a) The presiding officer shall declare all votes; but, if any member doubts a vote, the presiding officer, without further debate upon the ques- tion, shall requ°st the members voting in the affirmative and negative respectively to indicate by show of hands, and he shall declare the result. (b) In all meetings of the City Council, the vote shall be taken by yeas and nays on the passage of all ordinances, resolutions, and authoriza- tions for the payment of money, and on the passage of any motion, order, or resolution when called for by any member of the Council, and such yea and nay vote of each member shall be permanently entered on the record of the proceedings of the Council by the City Clerk. Other voters may be by voice or show of hands. (c) No member shall vote on any question in which he is pecuniarily interested directly or indirectly and in which his vote may be deci- sive, except as herein set forth. Should any member desire to intend to have business dealings with the City whereby he may derive income and benefits other than those provided as remuneration for his official duties, he shall file with the City Clerk, in such form as the Clerk may prescribe, a statement under oath which shall include the nature of the proposed transaction and the extent of the in- terest, direct or indirect, which said officer or employee has in said transaction. The City Clerk shall publish a copy of such statement in a newspaper of the City qualified by law to publish legal notices if one is published in the City and shall, in addition, post a copy of said statement on the Council bulletin board. The cost of said publication shall be borne by the member who desires to enter into the transac- tion, and the City Clerk may require a deposit to insure payment thereof. The Council shall take no action with regard thereto until at least ten (10) days shall have elapsed after the filing of the statement by the member and un- til at least seven (7) days shall have elapsed after the publishing and posting of said state- ment as required herein. (See also Chapter 1.85.) (d) Every member who shall be present when a question is put, when he is not disqualified by personal interest, shall vote, unless the Coun- cil for special reason excuses him. Applica- tions to so excuse must be made before the vote, and shall be decided without debate. Anything to the contrary in these rules not- withstanding, in all cases where an extraordi- nary majority is not required, and when no motion is before the Council, the Chairman may, in lieu of calling for or waiting for a mo- tion to be made, put the question in the fol- lowing form: "Without objection, it will be so ordered." If no objection is heard, he shall announce: "It is so ordered," which will have (e) 1.15.110 the same effect as if a motion to that effect has been made and voted upon favorably, If a single objection is reasonably expressed when the question is put, the Chairman shall not proceed further under this rule, but instead shall call for a motion, which motion shall be handled in the regular manner. (KC 1 -18) 1.15.120 Rules of order. (a) A proposed amendment to, or repeal of, any rule in this chapter shall be submitted in writ- ing as a non - emergency ordinance, and may be passed in the same manner as other non - emergency ordinances. (b) In all matters of parliamentary procedure not covered by these rules, Robert's Rules of Or- der as revised at the time of the passage of this chapter shall be applicable and govern. (c) The Council rules shall be observed in all cases unless suspended temporarily for a spe- cial purpose of an emergency nature by a vote of five (5) members present. Any member may move, at any time, for the suspension of any rule, and such motion must be seconded to entitled it to consideration. (d) If any member, in speaking or otherwise, transgresses the rules of the Council, the pre- siding officer shall, or any member may, call him to order; in which case the member so called to order shall immediately cease dis- cussion unless permitted by the presiding of- ficer to explain; and the Council, if appealed to, shall decide the question without debate. If the decision be in favor of the member so called to order, he shall be at liberty to pro- ceed; if otherwise, he shall not proceed with- out leave of the Council to proceed in order. (KC 1 -19) 1.15.130 Telephonic participation. (a) A member of the Council may participate via telephone in a Council meeting, if the mem- ber declares that circumstances prevent physical attendance at the meeting. If the (Kenai Supp. Na. 91, 6.07) 1.15.130 Mayor chooses to participate via telephone, the vice -mayor or president pro tempore shall preside. (b) No more than the first two (2) members to contact the Clerk regarding telephonic par- ticipation in a particular meeting may partici- pate via telephone at any one (l) meeting. The member shall notify the Clerk and the presiding officer, if reasonably practicable, at least seven (7) days prior to a council meet- ing, but not less than forty -eight (48) hours in advance of a meeting that the member pro- poses to attend by telephone. Such notifica- tion shall be provided in writing (facsimile and/or electronic transmission included), state whether such telephonic participation is pur- suant to subsection (n) or (o), and shall pro- vide the physical address of the location, the telephone number, and any available facsim- ile, email, or other document transmission service. Failure to provide the notification in writing and within the period of time pro- vided herein shall result in the member's ex- clusion from attendance of a council meeting through telephonic participation. Upon writ- ten notification of the member(s) wishing to participate telephonically (within the allotted timeframe), the Clerk shall notify all council members of the request. (d) At the meeting, the Clerk shall establish the telephone connection when the call to order is imminent. (e) A member participating by telephone shall be counted as present for purposes of discussion and voting. (f) The member participating by telephone shall make every effort to participate in the entire meeting. From time to time during the meet- ing, the presiding officer shall confirm the connection. (g) The member participating by telephone may ask to be recognized by the presiding officer to the same extent as any other member. (h) To the extent reasonably practicable, the Clerk shall provide backup materials to mem- (c) (Kenai Supp. No. 91, 6-07) 10 bers participating by telephone at the mem- ber's expense. (i) If the telephone connection cannot be made or is made and then lost, the meeting shall com- mence or continue as scheduled and the Clerk shall attempt to establish or restore the con- nection. (j) Meeting times shall be expressed in Alaska time regardless of the time at the location of any member participating by telephone. (k) Participation by telephone shall be allowed for regular, special and work session meetings of the Council. (1) Remarks by members participating by tele- phone shall be transmitted so as to be audible by all members and the public in attendance at the meeting, provided that in executive ses- sion the remarks shall be audible only to those included in the executive session. (m) As used in these rules, "telephone" means any system for synchronous two (2) way voice communication. "Mayor" includes the vice - mayor or any other member serving as presi- dent pro tempore. (n) Each Council member may attend a maxi- mum of two (2) meetings by teleconference during the twelve (12) month period starting November 1st of each year. (o) A Council member may attend an additional two (2) meetings by teleconference during a twelve (12) month period starting November 1st of each year if the member declares that he or she is physically unable to attend the meeting due to the need for extended medical care and treatment of the member or mem- ber's immediate family. (p) In this section, "immediate family" means the spouse of the person, another person cohabi- tating with the person in a conjugal relation- ship that is not a legal marriage, a child (in- cluding a stepchild or foster child) of the per- son, a parent, sibling, grandparent, aunt or uncle of the person, or a parent or sibling of the person's spouse. (q) Council members are responsible for any telephone long distance and /or back -up mate- rial transportation charges incurred due to their participation in a meeting via telephone unless they are absent from the community on City business. A Council member is not con- sidered to be on City business merely by at- tendance at a Council meeting via telephone. Telephone long distance and/or back -up ma- terial shipping charges may be deducted from the member's monthly stipend. (Ords. 2130-2005, 2168-2006, 2203-2006) 10 -1 1.15.130 (Kenai Supp. No. 91, 6 -07) Page 1 of 1 Carol Freas From: P. Falkenberg [pet_rainbow @yahoo.com] Sent: Sunday, September 07, 2008 11:32 AM To: Carol Freas Cc: bob @malloyforcouncil.com Subject: Ordinance No 2347 -2008 Dear Carol: I am planning on attending the Sept. 17, 2008. If so I will testify in favor of ordinance No 2347 -2008. If for some reason I cannot attend I did want my input to be considered. I am 100 percent behind this ordinance. It allows busy people an opportunity to be involved in local community government and also give us enough time to peruse the material that would be covered at council meetings. I believe more citizens would testify if they had sufficient time to review the agenda. I think that Councilman Bob Malloy has done an outstanding job drafting this ordinance and look forward to it being passed by city council. Thank you in advance and if you have any questions I can be reached at the following phone number. Patricia (Petria) Falkenberg Box 3293 Kenai, AK 99611 394 -2646 9/8/2008 Page 1 of 1 Carol Freas From: Mark Necessary [marknecessary@gci.net] Sent: Friday„ September 12, 2008 10:06 AM To: Carol Freas Subject: Ordinance No. 2347 -2008 In regard to the above Ordinance, we support its approval. We feel it would be in the best interest for the members of the City Council and the general public. This Ordinance would give the Council and public more time to evaluate and make better decisions on issues that affect the City. Sincerely, Mark & Anita Necessary 1615 Toyon Way Kenai Alaska cc: Kenai Mayor and City Council 9/12/2008 Page 1 of 1 Carol Freas From: Lois Massie [abcl @gci.net] Sent: Friday, September 12, 2008 10:07 AM To: Carol Freas Subject: Please Distribute to City Council Members TO: Kenai City Council Members FROM: Lois L. Massie abc1 @gci.net 283 -4457 RE: Ordinance 2347 -2008 DATE: 09/11/08 I support Ordinance 2347 -2008 which will provide a more timely publication of the council meeting agenda. It will also provide easier access to the agenda. If Kenai residents feel more welcome and better informed at the meetings, I know that more people will participate in our city government. The ordinance will also provide earlier access to the agenda for council members. When my husband, Cliff Massie, was a city council member, he would like to have had this ordinance in effect because he often spent much of Saturday and Sunday carefully reading his packet and then Monday and Tuesday reviewing it. He knew that his being prepared and knowledgeable about council business was vital for being the excellent council member that he was. Please consider making this proposal a reality. 9/12/2008 the cly of KEK Al, ALASKA SUBSTITUTE 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 and; and actions of the Council be taken in public meetings; and 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 proposes ordinances, and the sole requirement 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 five (5) 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 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 comment or presentation by a 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 KMC 1.15.040 Agenda is repealed and re- enacted as follows: [THE AGENDA FOR EACH MEETING OF THE CITY COUNCIL SHALL BE PREPARED BY THE CITY CLERK AFTER CONSULTATION WITH THE CITY MANAGER AND THE MAYOR. SUCH AGENDA SHALL BE DISTRIBUTED BY THE CITY CLERK TO EACH MEMBER OF THE COUNCIL AT LEAST TWENTY -FOUR (24) HOURS PRIOR TO THE MEETING, AND NO FURTHER ITEMS SHALL BE ADDED TO THE AGENDA EXCEPT BY MAJORITY VOTE OF THE COUNCILMEN PRESENT AT A MEETING.] 1.15.040 AGENDA AND PACKET - PREPARATION- DEVELOPMENT- DISTRIBUTION - PUBLICATION -LATE MATERIALS ja The Mayor or other Council member 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 may request 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) 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 Manager may request that a matter be placed on the agenda of a regular Council meeting as an item for discussion, review or action by Council. New Text Underlined' [DELETED TEXT BRACKETED] Substitute Ordinance No. 2347 -2008 Page 3 of 4 (d) 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 requester, for scheduled public comment or presentation by the requester, subject to policies and procedures adopted under paragraph (1) below. Being placed on the scheduled public comment portion of the agenda does not limit or restrict the requester's ability to speak on any other issue(s) during those portions of the meeting reserved on the agenda for unscheduled public comment, public hearings, and citizen discussion. A member of the public may comment or testify during those portions of the meeting reserved on the agenda for unscheduled public comment, public hearings and citizen discussion or as otherwise allowed by the Mayor or other chair during the meeting. J A sponsor, all co- sponsors, or a requester may request that an item be removed from the agenda, before the agenda is published 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. in The City Clerk shall prepare the agenda for each Council meeting, after consultation with the Mayor and City Manager, subject to paragraphs (a) through (e). A draft agenda shall be circulated to the Mayor and other Council members, and the City Manager, before finalization. jgj Notice of the date, time, place, and fmal 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 at City Hall, with publication to be done no later than five (5) days prior to the date of the Council meeting, and posting to be done no later than 5:00 p.m. six (6) 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. (h) Once the final agenda is published as provided in paragraph (g), no item may be removed or added to the agenda except by majority vote of the Council members present at the meeting. 11 A meeting packet, containing the final agenda, all legislative items, and all supporting documentation for all agenda items, shall be distributed to the Mayor, other Council members, and the City Manager, by no later than 5:00 p.m. six (6) days prior to the date of the Council meeting. Distribution shall be by 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. lil 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, by 5:00 p.m. six (6) days prior to the date of the New Text Underlined [DELETED TEXT BRACKETED] Substitute Ordinance No. 2347 -2008 Page 4 of 4 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, by 5:00 p.m. five (5) 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. (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 shall provide paper copies of such late material to the Council, and shall make paper copies of such late materials available to the public 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. j11 The Administration may develop policies and procedures to implement this section, subject to the review and approval of Council. 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.] PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of September, 2008. A'1 PEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: September 3, 2008 Adopted: September 17, 2008 Effective: October 17, 2008 New Text Underlined' [DELETED TEXT BRACKETED] Submitted by Council Member Molloy Ordinance No. 2347 -2008 insert KMC 1.15.040 Agenda is repealed and re- enacted as follows: 1.15.040 Agenda and Packet - Development — Preparation — Distribution — Publication - Late Materials. (a) The Mayor or other Council member 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 may request 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) 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 Manager may request that a matter be placed on the agenda of a regular Council meeting as an item for discussion review or action by Council [A DISCUSSION ITEM]. (d) 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 requester, for scheduled public comment or presentation by the requester, subject to policies and procedures adopted under paragraph (1) below. Being placed on the scheduled public comment portion of the agenda does not limit or restrict the requester's ability to speak on any other issue(s) during those portions of the meeting reserved on the agenda for unscheduled public comment, public hearings, and citizen discussion. A member of the public may comment or testify during those portions of the meeting reserved on the agenda for unscheduled public comment, public hearings and citizen discussion or as otherwise allowed by the Mayor or other chair during the meeting. (e) A sponsor, all co- sponsors, or a requester may request that an item be removed from the agenda, before the agenda is published 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. (() The City Clerk shall prepare the agenda for each Council meeting, after consultation with the Mayor and City Manager, subject to paragraphs (a) through (e). A draft agenda shall be circulated to the Mayor and other Council members, and the City Manager, before finalization. (g) 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 at City Hall, with publication to be done no later than five (5) [SIX (6)] days prior to the date of the Council meeting, and posting to be done no later than 5:00 p.m. six (6) [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. Submitted by Council Member Molloy Ordinance No. 2347 -2008 insert (h) Once the final agenda is published as provided in paragraph (g), no item may be removed or added to the agenda except by majority vote of the Council members present at the meeting. (i) A meeting packet, containing the final agenda, all legislative items, and all supporting documentation for all agenda items, shall be distributed to the Mayor, other Council members, and the City Manager, by no later than 5:00 p.m. six (6) [SEVEN] days prior to the date of the Council meeting. Distribution shall be by 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) 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, by 5:00 p.m. six (6) [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, by 5:00 p.m. five (5) [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. (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 affihuiatively votes to add such late materials to the agenda item at the meeting. The city clerk shall provide paper copies of such late material to the Council, and shall make paper copies of such late materials available to the public 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, (I) The Administration may develop policies and procedures to implement this section, subject to the review and approval of Council. 2. KMC 1.15.050 Order of Business, pagagraph (c) is repealed. TO: Mayor, Council Members, & Administration FROM: Bob Molloy DATE: 09/09/08 UV� SUBJECT: Summary of Proposed Code Changes Substitute Ordinance 2347 -2008 This memo provides a summary of the proposed Code changes (other than the proposed changes in the ordinance's title) in Substitute Ordinance 2347-2008. The text in italicized, bold print, was not in the previous memo. The proposed Code changes relate to the development, preparation, distribution, and publication of the agenda for City Council meetings, and also address late materials. The proposed Code changes do not affect the conduct of the Council meeting itself or any parliamentary procedures at the meeting. A. Development and Preparation of Agenda. The first sentence of the existing KMC 1.15.040 is: "The agenda for each meeting on the City Council shall be prepared by the City Clerk after consultation with the City Manager and the Mayor." 1. The first sentence of proposed new KMC 1.15.040(f) states: "(1) The City Clerk shall prepare the agenda for each Council meeting, after consultation with the Mayor and City Manager, subject to paragraphs (a) through (e)." (Emphasis supplied). The "subject to" phrase is the proposed substantive change. The intent is that paragraphs (a) through (e) are Rules of Order to be followed in the preparation of the agenda for each Council meeting. 2. New Rules of Order paragraphs (a) and (b). While the Council as a whole executes the legislative power by a majority of 4 votes at the Council meeting, paragraphs (a) and (b) clarify that 4 votes are not required for the initial placement on the agenda of an individually sponsored legislative or policy discussion item. Paragraphs (a) and (b) establish in written Code the Mayor's and the individual Council member's right, as legislators, to sponsor a legislative or policy discussion item, and to obtain placement of their sponsored item on the agenda of the Council meeting requested by the sponsor. The "Council meeting requested by the sponsor" could be the next Council meeting or a later Council meeting agreed to by the sponsor with the - 1 - Mayor and City Manager, given other business already scheduled, time sensitive nature, or other considerations. 3. New Rule of Order paragraph (c). The City's Charter, Section 3 -2(6), provides that the City Manager may make recommendations on matters of policy and other matters to the Council. Under the City's practice, the City Manager may propose an ordinance for introduction or a resolution for adoption, or request that a an item for discussion, review or action by Council be on the agenda. Paragraph (c) establishes this practice in written Code. This new Ianguage is intended to clarify any confusion caused by the earlier draft's lack of reference to review and action items. There was no intent to exclude items from the agenda. 4. New Rule of Order paragraph (d). Paragraph (d) has been re- written based on comments received; the new language is underlined. Paragraph (d) is directed at the "Persons Scheduled to Be Heard" portion of the agenda for scheduled comment or presentation by members of the public. The intent of paragraph (d) is to establish in Code what is basically the City's current practice for scheduled public comment or presentation. It is my understanding that the City Administration utilizes unwritten practices for processing such requests by members of the public, including screening for subjects exempt from public comment such as pending personnel matters, etc. The intent of the ending phrase "subject to policies and procedures adopted under paragraph (1) below" is that Administration will create written policies and procedures for processing such requests by members of the public, to be reviewed and approved by Council. The intent is that the public's right to free political speech on City business matters will be balanced with reasonable restrictions that will now be in written policy and procedure available for public notice and review (if this proposed change is adopted by Council), instead of being handled under the Administration's unwritten practices. Comments were received about the earlier draft's Iack of reference to other opportunity for public comment on the agenda. There was no intent to exclude such other opportunity for public comment from the agenda for a meeting. The following language has been added to clarify this intent: "Being placed on the scheduled public comment portion of the agenda does not limit or restrict the requester's ability to speak on any other issue(s) during those portions of the meeting reserved on the agenda for unscheduled public comment, public hearings, and citizen discussion. A member of the public may comment or testify during - 2 - those portions of the meeting reserved on the agenda for unscheduled public comment, public hearings and citizen discussion, or as otherwise allowed by the Mayor or other chair of the meeting." 5. New Rule of Order paragraph (e). Paragraph (e) establishes that the Mayor or Council member who is a sponsor of an ordinance, resolution, or discussion item, or all co- sponsors of such items, may request that such an item be removed from the agenda, before the agenda is published, and such item shall be removed from the agenda, unless the item has been carried over or postponed from a previous agenda. The intent of Paragraph (e) also is to establish that a requester may do the same, and have their item removed from the agenda, unless the item has been carried over or postponed from a previous agenda. Requesters include (1) the City Manager for Administration - requested ordinances, resolutions, and discussion, review or action items, and (2) a member of the public for the requested scheduled comment or presentation by that person or their organization. B. Distribution of Agenda. The first part of the second sentence of the existing KMC 1.15.040 is: "Such agenda shall be distributed by the City Clerk to each member of the Council at least twenty -four (24) hours prior to the meeting .. . 1. The second sentence of proposed new KMC 1.15.040(f) states: A draft agenda shall be circulated to the Mayor and other Council members, and the City Manager, before finalization." The intent of this substantive addition is to provide earlier notice to Council members of tentative agenda items so as to allow Council members the opportunity to see if their sponsored items are on the agenda and to communicate with the Mayor and Administration if their sponsored items are omitted from the tentative agenda, or if they want to either postpone their item to a future agenda or remove their item from the agenda (if not held over from a previous agenda, such as already postponed or tabled items). 2. New paragraph (i) provides that the meeting packet, containing the agenda etc., shall be distributed to the Mayor, other Council members and the City Manager at least six (6) days prior to the meeting, instead of the one (1) day in current Code. This would be on Thursday for a regular Council meeting scheduled for the following Wednesday. 3. New paragraph (i) also provides that this distribution would be by mail, unless the recipient opts for personal pick up or electronic mail, -3- with fax or courier service "only available for recipients who will be out of the City of Kenai during the week preceding a Council meeting." C. Publication (and Posting) of Agenda. There is currently no Code requirement for publication or posting of the agenda. 1. It is my understanding that the City's current practice for publication is publication in the newspaper on Mondays for a Wednesday Council meeting, so there is notice published only two (2) days before the meeting date. New paragraph (g) would require publication of the agenda five (5) days in advance, i.e., on the Friday before the next Wednesday Council meeting. 2. It is my understanding that the City's current practice for posting to the City's web site is five (5) days in advance of the meeting date, i.e. by 5:00 PM on the Friday before the next Wednesday Council meeting. Paragraph (g) would require posting of the agenda (to the web site and at City Hall) six (6) days in advance, i.e., on the Thursday before the next Wednesday Council meeting. D. Distribution of Meeting Packet. There is currently no Code requirement for other distribution of the meeting packet, including agenda and supporting materials, to members of the public, or for providing for any other public access. 1. It is my understanding that the City's current practice is to post a ropy of the meeting packet to the City's web site five in a 'e �.. (5) � days i advance, i.e. by 5:00 PM on the Friday before the next Wednesday Council meeting. New paragraph (j) would require that the meeting packet be posted to the City's web site, and also be provided to the Kenai Community Library, in order to be made available for public viewing, by 5:00 p.m. six (6) days prior to the date of the Council meeting, i.e., on the Thursday preceding the next Wednesday Council meeting. 2. It is my understanding that the City's current practice is to provide paper copy of the meeting packet etc. to any member of the public, or to any organization, upon request, two (2) days in advance of the meeting date, i.e. on Mondays for a Wednesday meeting. New paragraph (j) would require that a paper copy or an electronic copy of the meeting packet be provided to any member of the public, or to any organization, upon request, by 5:00 p.m. five (5) days prior to the date of the Council meeting, i.e. on the Friday before the next Wednesday Council meeting. 3. New paragraph (j) would also require that at least one paper copy of the meeting packet be made available to the public at the meeting. This could be done in the form of a 3 -ring binder similar to the Council's binders. This binder could be shared by members of the public at the meeting. E. Late Materials. The last part of the second sentence of the existing KMC 1.15.040 is: ` ... and no further items shall be added to the agenda except by majority vote of the Councilmen present at a meeting." 1. The proposal made in new paragraph (h) is that once the final agenda is published, no item may be "removed or added" to the agenda except by majority vote of the Council members present at the meeting. 2. In addition, the subject of proposed new section (k) is late materials that become "lay downs." The proposed deadline is Noon the day before the Council meeting, except for written public comment on agenda items and emergency agenda item materials, unless the Council affirmatively votes to add such late materials to the agenda at the meeting. At the meeting, the Council can always vote to add very late materials to the agenda. F. The proposed change made in paragraph (1) is that "The Administration may develop policies and procedures to implement this section, subject to the review and approval of Council." G. Repeal of KMC 1.15.050Ic). 1. The existing KMC 1.15.050(c) appears to conflict with KMC 1.15.040 in that paragraph (c) states in part that "The Council's agenda may be prepared by an appropriate administrative officer" while KMC .15.040 states that "The agenda . . . shall be prepared by the ity Clerk after consultation with the City Manager and the Mayor." A repeal of of KMC 1.15.050(c) eliminates this conflict. 5- Sections: 1.15.010 1.15.020 1.15.030 1.15.040 1.15.050 1.15.060 1.15.070 1.15.080 1.15.090 1.15.100 1.15.110 1.15.120 1.15.130 Chapter 1.15 RULES OF ORDER Presiding officer. City Clerk. Public meetings. Agenda. Order of business. Motions. Ordinances— Procedure in passing. Resolutions. Ordinances and resolutions. Speaking. Voting. Rules of order. Telephonic participation. 1.15.010 Presiding officer. (a) The Mayor shall preside at all meetings of the Council. He shall preserve order and decorum among the Council Members and is responsible for conduct of all meetings in compliance with these rules. He may, at any time, take such reasonable action as he deems proper to preserve order among the spectators in the Council Chamber during sessions of the Council. He may speak to points of order in preference to other members, and shall decide all points of order, subject to appeal to the Council by motion duly seconded as herein provided. He may participate in the debate on any matter. He may, at anytime, call any member to the Chair during any meeting, such substitution to discontinue when he elects to resume the Chair, and in no event beyond adjournment of the meeting at which such substitution is made. (b) In the temporary absence or disability of the Mayor and Vice Mayor, any member of the City Council may call the Council to order at any regular or duly called special meeting to elect a president pro tempore from among its 5 1.15.010 numbers; and the president pro tempore shall exercise all powers of Chairman during temporary absence or disability of the Mayor and Vice Mayor, and may vote on questions before the Council. (KC 1 -8) 1.15.020 City Clerk. (KC 1. -9, Repealed Ord. 794) 1.15.030 Public meetings. All meetings of the Council shall be open to the public, and all actions of the Council shall be taken in public meetings. However, the members of the Council sitting as the committee of the whole and any other committee of the Council may hold private meetings, as provided by the City Charter, Section 2 -6. The Council, by a vote of five (5) members, may resolve itself into private committee of the whole by adopting a motion that the Council resolve itself into private committee of the whole; and the Mayor or any four (4) Councilmen may call a meeting of the private committee of the whole when the Council is not in session. (KC I- 10) 1.15.040 Agenda. The agenda for each meeting of the City Council shall be prepared by the City Clerk after consultation with the City Manager and the Mayor. Such agenda shall be distributed by the City Clerk to each member of the Council at least twenty-four (24) hours prior to the meeting, and no further items shall be added to the agenda except by majority vote of the Councilmen present at a meeting. (KC 1 -11; Ord. 755) 1.15.050 Order of business. (a) The order of business for every regular meeting of the City Council may be outlined on an agenda deemed to be most effective for regular Council meetings. The order of business may be specified by a written agenda or calendar or other customary designation for scheduling of the order of business. (Kenai Sup o. 86, 12-05) 1.15.050 (b) A guide for the Council's agenda, but not a mandatory format for the order of business, can be as follows: Roll Call: Agenda approval, consent agenda; Public Hearing (for ordinances or programs as announced); Persons Scheduled to be Heard; Correspondence (reading verbatim not required if copies distributed to the entire CounciI); Old Business; New Business; Reports; Persons Present but not Scheduled to be Heard, 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. (KC 1 -12; Ords. 212, 913) (0) (5) (6) (7) (8) 1.15.060 Motions. (a) A motion to amend an amendment shall be in order, but a motion to amend an amendment to an amendment shall not be entertained. (b) No appeal from any decision of the presiding officer shall be entertained unless it is seconded, and no other business shall be in order until the question on appeal has been decided. The question on appeal is not debatable and shall be put as follows: "Shall the decision of the Chair stand as the judgment of the Council ?" It shall be deemed to be decided in the affirmative unless a majority of the votes given are to the contrary. Any member may make a parliamentary inquiry of the Chairman at any time during the meeting. (d) Any member may make a point of order without a second at any time. The presiding officer may speak to points of order in (c) (Kenai Supp. No, 86, 12 -05) 6 preference to other members, and shall decide all such questions, subject to appeal to the Council by motion duly seconded; and no other business shall be in order until the question on appeal has been decided. (e) When the previous question is moved by any member, all debate on the main question shall be suspended immediately and the presiding officer shall put the question to the following form. "The previous question is moved on (specifying the motion on which the previous question is demanded). As many as are in favor of ordering the previous question will so indicate." If four (4) members vote affirmatively, the affirmative has it, the previous question is ordered, and the Chairman will proceed immediately to put to a vote the question on which the previous question was ordered. If less than four (4) members so indicate, the negative has it, the motion is lost, and the question reverts to the immediately pending question, which is again open to debate and amendment as if the previous question has not been demanded. 0 The presiding officer shall put all questions in the order in which they are moved unless a subsequent motion shall be previous in its nature, except in naming sums and fixing times, the largest sum and the longest time shall be put first. When a vote has been taken, any member who voted on the prevailing side may move a reconsideration thereof at the same meeting or at the next succeeding meeting whenever motions are in order, provided that the subject matter has not passed out of the control of the Council. A motion to reconsider requires four (4) votes; if such motion thus prevails, the subject shall be open to debate and amendment in the same manner as the original question. Debate on motions to reconsider shall be limited to twenty -five (25) minutes, and no member shall speak more ( (g) (h) minutes) if afforded for compliance with this rule. (j) Any previous vote may be rescinded by vote of four (4) members of the Council at any time, provided the subject matter has not passed out of the control of the Council. (k) All motions shall require a second, unless otherwise provided. Any member may require the division of a question when the sense of it will admit. (m) When a question is under debate, the presiding officer shall receive any of the following mo- tions but no other: (1) To adjourn; (2) To recess; (3) To raise a question of privilege; (4) To call for the order of the day, or the regular order; (5) To lay on the table; (6) For the previous question; (7) To limit or extend limits of debate; (8) To postpone to a certain time; (9) To refer, (10) To postpone indefinitely. (n) When one of the above motions has been made, none of the others inferior to it in the order in which they stand above shall be made; and in proceeding to vote, motions pending shall be put in the order of their rank as above arranged. The first seven (7) are not subject to debate. A motion to postpone to a certain time, refer, amend, or to postpone indefinitely may be amended; the previous question may be demanded before an amendment, which motion shall be decided without debate. A motion to adjourn shall always be in other provided that business of a nature to be recorded in the jour- nal has been transacted since any previous motion to adjourn has been defeated. No mo- tion or proposition of a subject different to that under consideration shall he admitted under color of an amendment. When a matter has been especially assigned to be taken up at a fixed time, or at a certain stage of proceedings, such matter shall, at the appointed time, or at (1) 7 1.15.060 any time subsequent thereto, be in order upon the call of any member, and take precedence over all of the business. (o) After a motion is stated or read by the presid- ing officer, it shall be deemed to be in the pos- session of the Council, and shall be disposed of by vote, but the mover may withdraw it at any time before decision or amendment, by consent of the second. (KC 1 -13; Ord. 556) 1.15.070 Ordinances — Procedure in passing. (a) Every ordinance shall he introduced in writing and shall be orally read before any vote for passage thereof is taken. After passage on first reading, the ordinance shall be published by posting a copy thereof on the Council bulletin board, together with a notice of the time and place when and where it will be given a public hearing and be considered for final passage. The first such publication shall be at least five (5) days prior to the time advertised for public hearing. At the time and place so advertised by posting, or at any time and place to which such hearing shall from time to time be adjourned, all per- sons interested appear shall be given an ,.. �Cu who ap -- -- given to be heard. Before the hearing begins, the ordinance shall be read a second time by title or in full. After such hearing, the Council may finally pass such ordinance with or without amend- ments. The vote on final passage shall be by roll call, and the vote shall be entered in the journal. (d) No ordinance, except an emergency ordinance or an ordinance making, repealing, transferring, or otherwise changing appropriations, may be finally passed on the same day that it is intro- duced. By unanimous consent of all Council- men present, such ordinances may be read a second time and then, by the required vote, be passed, on the same day on which they are introduced. All persons present shall be given (b). (0) 1.15.070 an opportunity to be heard before the vote on final passage. (e) After final passage, every ordinance shall be published by posting it in full on the Council bulletin board. (f) Emergency ordinances and ordinance making, repealing, transferring, or otherwise changing appropriations, shall go into effect immediately upon passage unless they specify a later time. All other ordinances shall go into effect one month after passage and publication unless they specify a Later time, or unless they are referred to the voters by the referendum. Within a reasonable time after final passage of an ordinance, the City Clerk shall cause it to be recorded and indexed with the other ordinances of the City. (KC 1 -14) (g) 1.15.080 Resolutions. (a) Every resolution shall be introduced in writing and shall be orally read before any vote for passage thereof is taken. (b) On any vote for passage of a resolution, all persons interested who appear shall be given an opportunity to be heard. After such hearing, the Council may finally pass such resolution with or without amendments. First reading of any resolution shall be final and no further passage shall be required. After final passage, every resolution shall be posted in full on the Council bulletin board. Every resolution, unless it shall specify a later date, shall become effective upon final passage. (KC 1 -15) 1.15.090 Ordinances and resolutions. Oral reading in full of an ordinance or resolu- tion may be waived by unanimous consent of all Councilmen present, but in such case the ordinance or resolution shall be read by title. (KC 1 -16) 1.15.100 Speaking. (a) A member about to speak shall respectfully 8 address the Chair, and shall not commence to speak until recognized by the presiding officer. When two (2) or more members request to speak at the same time, the presiding officer shall determine which one is recognized. (b) Every member while speaking shall confine himself to the subject under debate, shall re- frain from personalities, and shall not refer to any other member of the Council except in a respebtful manner. (c) Unless a member who has the floor yields for that purpose, no member shall interrupt another while speaking, except to propound a parlia- mentary inquiry or make a point of order. (d) No member shall speak more than twice or for more than ten (10) minutes continuously to any one question, except that one or more addition- al periods of ten (10) minutes may be granted by unanimous consent. The reading of papers desired by any member shall be read by him- self or herself or by the City Clerk within the member's time limitation unless permission for the Clerk to read such paper outside the time limitation is unanimously granted. (KC 1 =17) 1.15.110 Voting. (a) The presiding officer shall deciare ail votes; but, if any member doubts a vote, the presiding officer, without further debate upon the ques- tion, shall request the members voting in the affirmative and negative respectively to indicate by show of hands, and he shall declare the result. In all meetings of the City Council, the vote shall be taken by yeas and nays on the passage of all ordinances, resolutions, and authoriza- tions for the payment of money, and on the passage of any motion, order, or resolution when called for by any member of the Council, and such yea and nay vote of each member shall be permanently entered on the record of the proceedings of the Council by the City Clerk. Other voters may be by voice or show of hands. (b) (c) No member shall vote on any question in which he is pecuniarily interested directly or indirectly and in which his vote may be deci- sive, except as herein set forth. Should any member desire to intend to have business dealings with the City whereby he may derive income and benefits other than those provided as remuneration for his official duties, he shall file with the City Clerk, in such form as the Clerk may prescribe, a statement under oath which shall include the nature of the proposed transaction and the extent of the in- terest, direct or indirect, which said officer or employee has in said transaction. The City Clerk shall publish a copy of such statement in a newspaper of the City qualified by law to publish legal notices if one is published in the City and shall, in addition, post a copy of said statement on the Council bulletin board. The cost of said publication shall be borne by the member who desires to enter into the transac- tion, and the City Clerk may require a deposit to insure payment thereof. The Council shall take no action with regard thereto until at least ten (10) days shall have elapsed after the filing of the statement by the member and un- til at least seven (7) days shall have elapsed after the publishing and posting of said state- ment as required herein. (See also Chapter 1.85.) (d) Every member who shall be present when a question is put, when he is not disqualified by personal interest, shall vote, unless the Coun- cil for special reason excuses him. Applica- tions to so excuse must be made before the vote, and shall be decided without debate. Anything to the contrary in these rules not- withstanding, in all cases where an extraordi- nary majority is not required, and when no motion is before the Council, the Chairman may, in lieu of calling for or waiting for a mo- tion to be made, put the question in the fol- lowing form: "Without objection, it will be so ordered." If no objection is heard, he shall announce: "It is so ordered," which will have (e) 1.15.110 the same effect as if a motion to that effect has been made and voted upon favorably. If a single objection is reasonably expressed when the question is put, the Chairman shall not proceed further under this rule, but instead shall call for a motion, which motion shall be handled in the regular manner. (KC 1 -18) 1.15.120 Rules of order, (a) A proposed amendment to, or repeal of, any rule in this chapter shall be submitted in writ- ing as a non - emergency ordinance, and may be passed in the same manner as other non - emergency ordinances. (b) In all matters of parliamentary procedure not covered by these rules, Robert's Rules of Or- der as revised at the time of the passage of this chapter shall be applicable and govern. (c) The Council rules shall be observed in all cases unless suspended temporarily for a spe- cial purpose of an emergency nature by a vote of five (5) members present. Any member may move, at any time, for the suspension of any rule, and such motion must be seconded to entitled it to consideration. (d) If any member, in speaking or otherwise, transgresses the rules of the Council, the pre- siding officer shall, or any member may, call him to order; in which case the member so called to order shall immediately cease dis- cussion unless permitted by the presiding of- ficer to explain; and the Council, if appealed to, shall decide the question without debate. If the decision be in favor of the member so called to order, he shall be at liberty to pro- ceed; if otherwise, he shall not proceed with- out leave of the Council to proceed in order. (KC 1 -19) 1.15.130 Telephonic participation. (a) A member of the Council may participate via telephone in a Council meeting, if the mem- ber declares that circumstances prevent physical attendance at the meeting. If the (Kenai Supp. No. 91, 6-07) 1.15.130 Mayor chooses to participate via telephone, the vice -mayor or president pro tempore shall preside. (i) (b) No more than the first two (2) members to contact the Clerk regarding telephonic par- ticipation in a particular meeting may partici- pate via telephone at any one (1) meeting. (c) The member shall notify the Clerk and the presiding officer, if reasonably practicable, at least seven (7) days prior to a council meet- ing, but not less than forty -eight (48) hours in advance of a meeting that the member pro- poses to attend by telephone. Such notifica- tion shall be provided in writing (facsimile and/or electronic transmission included), state whether such telephonic participation is pur- suant to subsection (n) or (o), and shall pro- vide the physical address of the location, the telephone number, and any available facsim- ile, email, or other document transmission service. Failure to provide the notification in writing and within the period of time pro- vided herein shall result in the member's ex- clusion from attendance of a council meeting through telephonic participation. Upon writ- (n) ten notification of the member(s) wishing to participate telephonically (within the allotted timefrarne), the Clerk shall notify all council members of the request. (o) (d) At the meeting, the Clerk shall establish the telephone connection when the call to order is imminent. (e) A member participating by telephone shall be counted as present for purposes of discussion and voting. (f) The member participating by telephone shall make every effort to participate in the entire meeting. From time to time during the meet- ing, the presiding officer shall confirm the connection. (g) The member participating by telephone may ask to be recognized by the presiding officer to the same extent as any other member. (h) To the extent reasonably practicable, the Clerk shall provide backup materials to mem- (1) (k) (1) (m) (Kenai Stipp. No. 91, 6-07) 10 bers participating by telephone at the mem- ber's expense. If the telephone connection cannot be made or is made and then lost, the meeting shall com- mence or continue as scheduled and the Clerk shall attempt to establish or restore the con- nection. Meeting times shall be expressed in Alaska time regardless of the time at the location of any member participating by telephone. Participation by telephone shall be allowed for regular, special and work session meetings of the Council. Remarks by members participating by tele- phone shall be transmitted so as to be audible by all members and the public in attendance at the meeting, provided that in executive ses- sion the remarks shall be audible only to those included in the executive session. As used in these rules, "telephone" means any system for synchronous two (2) way voice communication. "Mayor" includes the vice - mayor or any other member serving as presi- dent pro tempore. Each Council member may attend a maxi- mum of two (2) meetings by teleconference during the twelve (12) month period starting November 1st of each year. A Council member may attend an additional two (2) meetings by teleconference during a twelve (12) month period starting November lst of each year if the member declares that he or she is physically unable to attend the meeting due to the need for extended medical care and treatment of the member or mem- ber's immediate family. (p) In this section, "immediate family" means the spouse' of the person, another person cohabi- tating with the person in a conjugal relation- ship that is not a legal marriage, a child (in- cluding a stepchild or foster child) of the per- son, a parent, sibling, grandparent, aunt or uncle of the person, or a parent or sibling of the person's spouse. (q) Council members are responsible for any telephone long distance andlor back -up mate- rial transportation charges incurred due to their participation in a meeting via telephone unless they are absent from the community on City business. A Council member is not con- sidered to be on City business merely by at- tendance at a Council meeting via telephone. Telephone long distance and/or back -up ma- terial shipping charges may be deducted from the member's monthly stipend. (Ords. 2130 -2005, 2168 -2006, 2203 -2006) 10 -1 (Kenai Supp. No. 91, 6-07) the cer of KENA \ ALASKA //Village with a Past, a with a Future /I 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 / FAX: 907 - 283 -3014 V I I I 1992 MEMO: TO: City Council / FROM: Rick Koch DATE: September 11, 2008 SUBJECT: Ordinance 2347 -2008 The purpose of this correspondence is to state the administration does not support ordinance 2347 -2008. The administration has concerns about the majority of the proposed changes to KMC 1.15.040. While the administration is supportive of the several components of ordinance 2347 -2008, which clarify the existing process, we feel those clarifications are best addressed as a matter of policy. Administration's concerns about this ordinance are rooted in two areas; the first, compressing the time available for administration to work on items for a council meeting; and second, the process would become more administratively intense. In respect to the administrative changes, administration's lack of support partially stems from the old adage "if it's not broke why fix it ". I have not received any negative comments from the public regarding the process and timelines currently used. Timelines I have attached a spreadsheet identifying the tasks and schedule under the present process for preparing an agenda, public advertising, and packet distribution. Under the existing code, following the first meeting of the month, there are three working days prior to a staff meeting with the manager to discuss the draft Council meeting agenda. As -Is this is not a great deal of time to respond to and /or research items for which the Council may have questions. The timeline as dictated by ordinance 2347 -2008 would give staff and the manager one working day to prepare information and materials prior to a meeting to discuss the draft agenda. One day is insufficient time and would result in the administration being unable to respond to Council requests for additional information "at the next meeting ". Any Council request for information would be answered at the second meeting (month minimum) following when the request was made. Administrative Provisions As previously stated, under the present code, I am unaware of any complaints from the public regarding the process employed by the administration and council in establishing an agenda, providing public notification, public access to council, and inclusion of informational materials in the council packet. Below, I will briefly discuss each of the sections of the proposed changes to the code: 1.15.040(a) — This is the manner in which the process works already. It is not specifically identified in the code. If council determines that written direction is needed, administration suggests this be included in a written policy adopted by the Council. 1.15.040(b) - This is the manner in which the process works already. It is not specifically identified in the code. If council determines that written direction is needed, administration suggests this be included in a written policy adopted by the Council. 1.15.040(c) - This is the manner in which the process works already. It is not specifically identified in the code. If council determines that written direction is needed, administration suggests this be included in a written policy adopted by the Council. 1.15.040(d) — The public already has three opportunities at each council meeting to address the Council. If they have presentation materials they can be scheduled under persons to be heard and have their materials included in the council packet. If the council determines that written direction is needed to define what matters are appropriate to come before the council administration suggests this be included in a written policy adopted by the council. 1.15.040(e) - This is the manner in which the process works already. It is not specifically identified in the code. If council determines that written direction is needed, administration suggests this be included in a written policy adopted by the Council. 1.15.040(0 — Draft agendas can be distributed to the Council at the same time they are distributed to staff. This would be accomplished by e -mail, and would require no additional effort on the part of the clerk or administration. We could have done this already if we laiew a councilor(s) desired this infouuation. If council determines that written direction is needed, administration suggests this be included in a written policy adopted by the Council. 1.15.040(g) - Proposed timeline is problematic, it inhibits administrations ability to prepare for the council meeting, and to be responsive to council requests for information in a timely manner 1.15.040(h) — Under the present timeline this is the manner in which the process works already. It is not specifically identified in the code. If council determines that written direction is needed, administration suggests this be included in a written policy adopted by the Council. 1.15.040(i) - Proposed timeline is problematic, it inhibits administrations ability to prepare for the council meeting, and to be responsive to council requests for info nation in a timely manner. 1.15.040(j) - Proposed timeline is problematic, it inhibits administrations ability to prepare for the council meeting, and to be responsive to council requests for information in a timely manner. As it relates to a council being available at the library, we will do that, and are doing so for this meeting. I was unaware there was a desire or need to have a packet available for the public at the library. It is easy to accomplish, when the packets are distributed to staff an additional copy will be sent to the library to be available to the public. The availability of the packet on the City's website probably takes care of a lot of people wanting to look at the packet. As it concerns the availability of a complete council packet available at the Council meeting, again, this can be accomplished with little trouble. Administration and the clerk were simply unaware anyone wanted this to be accomplished. If council determines that written direction to have a Council packet available at the library and council meeting is needed, administration suggests this be included in a written policy adopted by the Council. 1.15.040(k) — This provision would eliminate the addition of "lay- down" materials if they were developed or received after 12:00 PM the day before the meeting. While administration attempts to limit the number and amount of "lay- down" materials, there are instances in which important infomnation for council consideration may only become available after the proposed deadline has passed. Administration would then only have the option of requesting that council postpone that agenda item until the next meeting, or not provide important information to council. As to distribution of late materials to the council and public, this is the manner in which the process works already. It is not specifically identified in the code. If council determines that written direction is needed, administration suggests this be included in a written policy adopted by the Council. 1.15.0400) — Administration is supportive of this change. Thank you for your attention in this matter. attachment Existing Timeline for Agenda Council Packet Preparation Timeline under Ordinance 2347 -2008 Days Prior to Council Meeting 13 12 11 10 9 8 7 6 S 4 3 2 1 0 Day of Week Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Present Timeline First Council Meeting of the Month Staff & Manager Prepare Items for next Council Meeting Staff & Manager Prepare Items for next Council Meeting Weekend Weekend Staff & Manager Prepare Items for next Council Meeting 1. Clerk prepares draft agenda 2. Staff Meeting to Discuss Draft Agenda 1. Materials for Packet from Staff to Manager 2. Attorney Reviews Items Materials for Packet to Clerk from Manager 1. Clerk add /deletes items from agenda & distributes for final review 2. City Clerk sends Agenda to Newspaper 3. Clerk Produces Packet & Distributes to Council 4. Clerk uploads packet to website & posts agenda at City Hall Weekend Weekend Agenda is Advertised in Peninsula Clarion Second Council Meeting of the Month Proposed Timeline Under Ord. 2347 -2008 First Council Meeting of the Month Staff & Manager Prepare Items for next Council Meeting 1. clerk prepares draft agenda 2. Staff Meeting to Discuss Draft Agenda Weekend Weekend 1. Materials for Packet from Staff to Manager 2. Attorney Reviews Items Materials for Packet to Clerk from Manager City Clerk sends Agenda to Newspaper 1. City Clerk Produces Packet & Distributes to Council 2. Clerk uploads packet to website & agenda is posted at City Hall 1. Agenda is Advertised in Peninsula Clarion 2. Agenda is posted on website & at City Hall Weekend Weekend Second Council Meeting of the Month the e# 'of KENAI, ALASKA TO: FROM: Carol L. Freas, City 1 DATE: September 12, 200 RE: ORDINANCE NO. 2347 -2008 "Village with a Past, Gi with a Future 210 Fidelgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / Fax: (907) 283 -3014 www.ci.kenai.ak.us MEMO ':NDUM Mayor and Council Members In my review of the proposed ordinance, I have noted the following comments, suggestions, and /or concerns: KMC 1.15.040(a) -- No comment. KMC 1.15.040(b) -- No comment. KNIC I.15.040(c) -- Ordinances and resolutions are also initiated by the City Attorney and City Clerk. Should the paragraph be amended to include the City Attorney and City Clerk? KMC 1.15.040(d) -- Currently, a member of the public may come before council (either written or in person), a council member or administration to request legislation be brought forward. KMC 1.15.040(e) -- No comment. KMC 1.15.040(f) -- The process now is to email the draft agenda to members of administration and the mayor for review. No objection to including all council members as long as deadlines for the process stay in place. KMC 1.15.040(g) -- Suggested change would be to include "the official bulletin board" at City Hall in the third line. This identifies and designates the bulletin board for consistency (reference is made to the 'official bulletin board' in four separate chapters of the code and in the Charter). KMC 1.15.040(h) -- At this time, council receives a list of items prior to council meetings that may have been received after distribution of the agenda and packet. Council has the ability to add these items to the agenda or packet through the approval of the agenda and consent agenda. KMC 1.15.040(i) -- • Having a deadline of 5:00 p.m. for distribution could be problematic if printer problems, power outages, important /necessary back -up information for council review prior to a meeting, is not received in a timely manner, etc. take place. • Currently, members of council, commissioners, and the public have the ability to download the packet from the city's webpage. Including electronic mail as an option for receiving a packet may not be necessary. Additionally, in most cases, the council packets are over 100 pages. This could be problematic for both sending and receiving a packet by fax. KMC 1.15.040(j) -- • A copy of the meeting packet is provided to the Library Director. To my knowledge, there have been no requests at the Library to review a packet, however there is no objection to making an additional copy for that purpose. • At this time, a member of the public or organization may request packets be provided on an indefinite period and are available in the Clerk's office for pick -up. However, the policy of this office is to continue to provide the packet to the person or organization unless the packets are not picked up two meetings in succession. • Currently, the public has the ability to download the meeting packet of the council and commissions from the city's webpage. KMC 1.15.040(k) -- • One concern would be with regard to the code providing for written comments related to public hearings on special assessment districts to be submitted to the City Clerk up to the day prior to the public hearing. This however, may be covered with the first sentence, i.e. "Except for written public comment on agenda items..." • See KMC 1.15.040(h) comment KMC 1.15.040(1) -- No comment. COMPARISON OF CODE , PReaa &ORDINANCE By Council Mem er Mello e : Kenai Code • e. nirement: Kenai Practice: Substitute Ordinance: illiliMMES Agenda Preparation By Clerk after consultation with City Manager & Mayor KMC 1.15.040: and also By Clerk after consultation with City Manager & Mayor KMC 1.15.040 By Clerk after consultation with City Manager & Mayor KMC 1.15.040(f) by appropriate administrative officer KMC 1.15.050(c) Deadline for Agenda Items to Clerk No policy By 4:00 pm on the Thursday before (Wednesday Meetings) 6 Days before meeting. By 10:00 AM on the Friday before (for items waiting on add'l info) 5 Days before meetin Nopolicy Scheduled Public Comment or Presentation No policy Unwritten practice & procedures Establish public's right in Code KMC 1.15.040(d) Procedures for Public to Obtain Scheduled Public Comment or Presentation No policy Unwritten practice & procedures Administration to develop written policies and procedures for processing such requests by members of the public, to be reviewed and approved by Council Kh4C 1.15.040(d) 7 - Comparison Table 48 COMPARISON OF CODE PRACTICE & ORDINANCE By Council Member Molloy Item: Kenai Code Requirement: Kenai Practice: Substitute Ordinance: Draft Agenda to Council No policy No me ent practice Draft agenda to be circulated to the Mayor, other Council members, and the City Manager, before finalization KMC 1.15.040(f) Final Agenda & Packet to Council Agenda to Council at least 24 hours prior to meeting KMC 1.15.040 No policy on packet Agenda & packet available after 5:00 pm on Fridays (Wednesday Meetings) Less than 5 Days Notice Distribution by Clerk's delivery to KPD; Council members pick up at KPD Less than 5 Days Notice if picked up on Friday evening Agenda & packet available by 5:00 pm on Thursdays Ler than 6 Days Notice Distribution by mail, unless the Council member opts for personal pick up or electronic mail, with fax or courier service only available for Council members who will be out of the City of Kenai during the week preceding a Council KMC 1.15.040(i) Less than 6 Days Notice if picked up on Thursday evening - 2 — Comparison Table 49 COMPARISON OF CODE. PRACTICE Sr GEDILNANCE By Council Member Molloy Item: Kenai Code Requirement: Kenai Practice: Substitute Ordinance: Publication of Agenda No policy Publication in newspaper on Mondays (for Wednesday Meetings) 2 Days Notice Posting to City's web site on Fridays 5 Days Notice Posting to official bulletin board on Fridays 5 Days Notice Publication in newspaper on Fridays (for Wednesday Meetings) 5Days Notice Posting to City's web site & at City Hall on Thursdays; 6 Days Notice Optional by broadcast media KMC 1.15.040(d) Distribution of Agenda to Public No policy Posting to City's web site on Fridays 5 Days Notice Provide paper copy of the agenda to any member of the public, or to any organization, upon request, on Mondays 2 Days Notice Provide paper copies of agenda at meeting Posting to City's web site & available at Library by 5:00 pm on Thursdays 6 Days Notice KMC 1.15.040(j) Provide paper copy of the agenda to any member of the public, or to any organization, upon request, by 5:00 pin on Fridays 5 Days Notice KMC 1.15.040(j) No other policy - 3 — Comparison Table 50 COMPARISON OF CODE PRAC I ICE & ORDINANCE By Council Member Molloy Item: Kenai Code Repuirement: Kenai Practice: Substitute Ordinance: Distribution of Packet to Public No policy Posting to City's web site on Fridays S Days Notice Provide paper copy of packet to any member of the public or to any organization, upon request, on Mondays 2 Days Notice Provide paper copies of selected agenda items at meeting Posting to City's web site & available at Library by 5:00 pm on Thursdays 6 Days Notice Provide paper copy of packet to any member of the public, or to any organization, upon request, on Fridays 5 Days Notice Provide at least one complete paper copy of the packet at the meeting KMC 1.15.040(j) No other policy Sponsorship of Ordinances, Resolutions by Individual Council Member No policy Permitted by practice Established in Code KMC 1.15.040(a) Sponsorship of Discussion Items by Individual Council Member No policy Unclear: 4 "nods" or votes required ?? Established in Code KMC 1.15,040(b) - 4 - Comp-lean Table 51 COMPARISON OF CODE , PRACTICE & O NN13,,NCIE By Council Member Molloy Item: Kenai Code Requirement• Kenai Practice: Substitute Ordinance: Late Materials Deadline 24 hours prior to the meeting (7:00 pm on Tuesday for Wednesday meeting) ICMC 1.15.040 No further items shall be added except by a majority vote of the council members present KMC 1.15.040 Deadline 3 :00 pm on meeting day, except for LID materials and other Code specific items, for which deadline is 5:00 pun on meeting day (Wednesdays) No (other) item may be removed or added except by a majority vote of the council members present Deadline Noon the day before the meeting (Noon on Tuesday for Wednesday meeting) KMC 1.15.040(k) Except for written public comment on agenda items, and emergency agenda item materials, no (other) item may be removed or added except by a majority vote of the council members present KMC 1.15.040(g), (h), (k) - 5.- Comparison Table 52