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HomeMy WebLinkAboutOrdinance No. 2347-2008Mc ury f KENAI, ALASKA CITY OF KENAI ORDINANCE NO. 2347 -2008 SUBSTITUTE A Suggested by: Council Member Molloy AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING THE EXISTING KMC 1.15.040 AND KMC 1.15.050(c) REGARDING PREPARATION, DISTRIBUTION AND PUBLICATION OF THE AGENDA AND REPLACING THEM WITH A NEW SECTION KMC 1.15.040 ENTITLED AGENDA AND PACKET DEVELOPMENT PREPARATION- DISTRIBUTION PUBLICATION -LATE MATERIALS. WHEREAS, the people of the City of Kenai, exercising the powers of a home rule municipality, established the Charter of the City of Kenai which vested the legislative power of the City in the City Council; and, WHEREAS, KMC 1.15 Rules of Order currently establishes the Rules of Order for the execution of the legislation power of the City of Kenai. KMC 1.15 requires all meetings of the Council to be open to the public, actions of the Council be taken in public meetings, provides for an agenda for Council meetings, and for procedures relating to passage of ordinances, resolutions, and motions by the City Council; and, WHEREAS, KMC 1.15 currently does not require any notice to the public or publication of the Council meeting agenda or of a resolution for a Council meeting; and, WHEREAS, presently, the only requirement for notice to the public in KMC 1.15 is notice of the proposed ordinances, and the sole requirement in KMC 1.15 for notice before Council's final vote is that, after passage on the first reading, the ordinance shall be published by posting a copy thereof on the Council bulletin board, together with the notice of the time and place when and where it will be given a public hearing and be considered for final passage, with the first publication to be at least three (3) days prior to the time advertised for public hearing; and, WHEREAS, while the City of Kenai has practices for publication and notice to the public of the agenda items, it is in the best interest of the City of Kenai to establish wri tten procedures and requirements for notice to the public and publication of the agenda for a Council meeting, and for making available to the public a meeting packet, containing the final agenda, all legislative items, and all supporting documentation for all agenda items, for the Council meeting, sufficiently in advance of the Council meeting in order to facilitate public participation in the City's business at the Council meeting; and, WHEREAS, KMC 1.15 currently has no rules regarding the rights of the Mayor and individual Council members to sponsor an ordinance for introduction or a resolution for adoption, or to request a discussion item for the agenda of a Council meeting, and to obtain the placement of such ordinance, resolution, or discussion item on the agenda of a Council meeting; and, New Text Underlined' [DELETED TEXT BRACKETED] Substitute A Ordinance No. 2347 -2008 Page 2 of 4 WHEREAS, KMC 1.15 currently has no rules regarding requests by members of the public that a matter be placed on the agenda for scheduled public comment or presentation by the requesting member of the public; and, WHEREAS, while the City of Kenai has practices for preparation, distribution and publication of the agenda for Council meetings, including the processing of ordinances, resolutions, requests for discussion items, and requests for presentations and comments by members of the public, including placement of such items on the agenda of the Council meeting, it is in the best interest of the City of Kenai to establish regulations, policies and procedures for these matters. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Kenai Municipal Code is hereby amended by repealing the existing KMC 1.15.040 and KMC 1.15.050(c) and re- enacting KMC 1.15.040 as follows: SECTION ONE (a) The Mayor or other Council Member, City Clerk, City Attorney, or City Manager may sponsor an ordinance for introduction or a resolution for adoption, and such ordinance or resolution shall be placed on the agenda of the regular Council meeting requested by the sponsor. (b) The Mayor or other Council Member, City Clerk, City Attorney, or City Manager may request that a discussion item be placed on the agenda of a regular Council meeting, and such discussion item shall be placed on the agenda of the regular Council meeting requested by the sponsor. [(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 MANGER MAY REQUEST THAT A MATTER BE PLACED ON THE AGENDA OF A REGULAR COUNCIL MEETING AS A DISCUSSION ITEM.] [D] ll A member of the public may request that a matter be placed on the agenda [OF A REGULAR COUNCIL MEETING FOR COMMENT OR PRESENTATION, AND THE MATTER SHALL BE PLACED ON THE AGENDA OF THE REGULAR COUNCIL MEETING REQUESTED OR AGREED TO BY THE REQUESTOR, FOR SCHEDULED PUBLIC COMMENT OR PRESENTATION BY THE REQUESTOR, SUBJECT TO POLICIES AND PROCEDURES ADOPTED UNDER PARAGRAPH (L) BELOW] subject to policies and procedures adopted under paragraph (k). Being placed on the agenda on the "Persons Scheduled to Be Heard" portion of the agenda does not limit or restrict the requestor's ability to speak on a different subject for which public comment is allowed. New Text Underlined [DELETED TEXT BRACKETED] Substitute A Ordinance No. 2347 -2008 Page 3 of 4 [E] (d) A sponsor, all co- sponsors, proposer or requester may request that an item be removed from the agenda before the agenda is published under the policies and procedures adopted under paragraph (k) [AS PROVIDED IN PARAGRAPH (G)] and such item shall be removed from the agenda, unless the item has been carried over or postponed from a previous agenda. [G] Notice of the date, time, place and final agenda for each Council meeting shall be given to the public by publication in a newspaper of general circulation and by posting to the City's web site and to the official bulletin board at City Hall under policies and procedures adopted under paragraph (k). Additional public notice of meetings may be given by other means. [WITH PUBLICATION TO BE DONE NOT LATER THAT SIX (6) DAYS PRIOR TO THE DATE OF THE COUNCIL MEETING, AND POSTING TO BE DONE NO LATER THAN 5:00 P.M. SEVEN (7) DAYS PRIOR TO THE DATE OF THE COUNCIL MEETING. IN ADDITION, NOTICE OF THE DATE, TIME AND PLACE OF EACH COUNCIL MEETING MAY BE GIVEN BY BROADCAST MEDIA. THE DATE OF THE COUNCIL MEETING SHALL NOT BE COUNTED FOR PURPOSES OF CALCULATING THESE DEADLINES.] [I] (h) A meeting packet containing the final agenda, all legislative items, and all supporting documentation for all agenda items shall be distributed to the Mayor, Council Members, and the City Manager. [BY NO LATER THAT 5:00 P.M. SEVEN DAYS PRIOR TO THE DATE OF THE COUNCIL MEETING. DISTRIBUTION SHALL BE MY MAIL, UNLESS THE RECIPIENT OPTS FOR ANOTHER METHOD OF DISTRIBUTION, SUCH AS PERSONAL PICK UP, ELECTRONIC MAIL, FAX OR COURIER SERVICE. FAX OR COURIER SERVICE IS ONLY AVAILABLE FOR RECIPIENTS WHO WILL BE OUT OF THE CITY OF KENAI DURING THE WEEK PRECEDING A COUNCIL MEETING.] [J] f The City Clerk shall cause a copy of the meeting packet to be posted on the City's web site and to be provided to the Kenai Community Library, in order to be made available for public viewing under policies and procedures adopted under paragraph (k). [BY 5:00 P.M. SEVEN (7) DAYS PRIOR TO THE DATE OF THE COUNCIL MEETING.] The City Clerk shall cause a paper copy or electronic copy of the meeting packet to be provided to any member of the public, or to any organization, upon request under policies and procedures adopted under paragraph (k). [BY 5:00 P.M. SIX (6) DAYS PRIOR TO THE DATE OF THE COUNCIL MEETING.] At least one paper copy of the meeting packet shall be made available to the public at the meeting. fa The City Clerk shall provide paper copies of any late materials to the Mayor, each Council Member, City Manager, and City Attorney. The City Clerk shall also make paper copies of late materials available to the public at the meeting. New Text Underfin.ed [DELETED TEXT BRACKETED] Substitute A Ordinance No. 2347 -2008 Page 4 of 4 [(k) EXCEPT FOR WRITTEN PUBLIC COMMENT ON AGENDA ITEMS, AND EMERGENCY AGENDA ITEM MATERIALS, ANY WRITTEN MATERIAL RELATED TO AN AGENDA ITEM THAT IS SUBMITTED TOO LATE TO BE INCLUDED IN THE MEETING PACKET SHALL NOT BE CONSIDERED BY COUNCIL MEMBERS, UNLESS SUCH LATE MATERIALS ARE SUBMITTED TO THE CITY CLERK NO LATER THAN 12:00 P.M. THE DAY BEFORE THE MEETING, AND UNLESS THE COUNCIL AFFIRMATIVELY VOTES TO ADD SUCH LATE MATERIALS TO THE AGENDA ITEM AT THE MEETING. THE CITY CLERK ALSO SHALL PROVIDE TO COUNCIL, AND MAKE AVAILABLE TO THE PUBLIC AT THE MEETING, PAPER COPIES OF WRITTEN PUBLIC COMMENTS ON AGENDA ITEMS THAT ARE SUBMITTED TOO LATE TO BE INCLUDED IN THE MEETING PACKET.] [(1)] (k) The administration will develop policies and procedures to implement this section, subject to review and approval of Council. f1 Failure to comply with the above policies and procedures will not invalidate any ordinance or Council action as long as there was a good faith effort at compliance by the City Clerk. 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 first day of July, 2009. ATTEST: Carol L. Freas, City Clerk SECTION TWO PAT PORTER, MAYOR New Text Underlined [DELETED TEXT BRACKETED] Introduced: September 3, 2008 Second Reading: September 17, 2008 Third Reading: January 21, 2009 Fourth Reading: July 1, 2009 Adopted: July 1, 2009 Effective: August 1, 2009 AGENDA AND PACKET PREPARATION, DISTRIBUTION, PUBLICATION AND LATE MATERIALS ADMINISTRATIVE POLICIES AND PROCEDURES 1. Any member of the public may request that an item be placed on the agenda for a regular Council meeting under "Persons Scheduled to be Heard and will be permitted 10 minutes to address the Council. The request shall be made to the City Clerk, on the prescribed form, a minimum of eight (8) days in advance of the Council meeting. The City Clerk shall inform the requestor that requests to be placed on the agenda to address the following topics shall not be accepted: a. Items scheduled for public hearing on the agenda. b. Personnel matters. c. Items upon which litigation involving the person or his /her representative and the City is currently pending. 2. Notice of the date, time and place, and final agenda for each Council meeting will be given to the public by publication in a newspaper of general circulation no later than three (3) days prior to the meeting. 3. Notice of the date, time and place, and final agenda for each Council meeting will be given to the public by posting to the City's official bulletin board at City Hall no later than six (6) days prior to the meeting. 4. The City Clerk shall post a copy of the meeting packet to the City's web site and to the Kenai Municipal Library no later than six (6) days prior to the meeting. 5. Any member of the public or any organization may request a copy of the meeting packet, either by paper or electronic copy. The Clerk will provide the copy as soon as practical. The day of the council meeting shall be counted for the purpose of establishing deadlines. July 1, 2009 6. "Day" will be considered a calendar day. COUNCIL APPEARANCE REQUEST Office of the City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283 -8231 Fax: (907) 283-5068 Email: dreas@ci.kenai.ak.us NAME: Mailing Address: Residence Address: Daytime Phone: Brief Description of Topic: Preferred meeting date: Providing written statement /material for inclusion in the council packet is encouraged. Deadline for submittal is normally Wednesday, Noon, the week prior to the council meeting (unless a holiday changes the packet preparation day). Will electronic equipment be used for your presentation? Will you provide personal equipment? Will City equipment be needed? Projector Laptop (Contact M. Kebschull for use of laptop (283 -8235) and /or Tina Williamson for use of projector (283- 8228). *Setup of electronic equipment MUST BE completed before 5:00 p.m. of the council meeting day. Contact City Clerk for appointment (283- 8231). Date: Signature: (7/1/09) Received by City Clerk: Date Time