Loading...
HomeMy WebLinkAboutOrdinance No. 2433-2009the aryof KENAI, ALASKA Suggested by: Administration /Councilor Molloy CITY OF KENAI ORDINANCE NO. 2433 -2009 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 1.15.040 (AGENDA AND PACKET- DEVELOPMENT PREPARATION- DISTRIBUTION PUBLICATION -LATE MATERIALS) TO INCLUDE A SUBSECTION PROVIDING FOR THE CLERK'S PREPARATION OF THE AGENDA. WHEREAS, on July 1, 2009 the Council of the City of Kenai adopted Ordinance No. 2347 -2008; and, WHEREAS, Ordinance No. 2347 -2008 repealed and replaced KMC 1.15.040 and repealed KMC 1.15.050(c) regarding preparation of the agendas and packets for Kenai City Council meetings; and, WHEREAS, subsection (e) in the new KMC 1.15.040 regarding the City Clerk's preparation and distribution of the agenda was inadvertently omitted from Ordinance No. 2347 -2008; and, WHEREAS, subsection (e) should be included in the new KMC 1.15.040. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Kenai Municipal Code 14.40.040 is hereby amended as shown on Attachment "A." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this second day September, 2009. ATTEST: Carol L. Freas, City Clerk New Text Underlined [DELETED TEXT BRACKETED] PAT PORTER, MAYOR Introduced: August 19, 2009 Adopted: September 2, 2009 Effective: October 2, 2009 Ordinance No. 2433 -2009 Attachment "A" Page 1 of 2 KMC 1.15.040 (a) The Mayor or other Council Member, City Clerk, City Attorney, or City Manager may sponsor an ordinance for introduction or a resolution for adoption, and such ordinance or resolution shall be placed on the agenda of the regular Council meeting requested by the sponsor. (b) The Mayor or other Council Member, City Clerk, City Attorney, or City Manager may request that a discussion item be placed on the agenda of a regular Council meeting, and such discussion item shall be placed on the agenda of the regular Council meeting requested by the sponsor. (c) A member of the public may request that a matter be placed on the agenda subject to policies and procedures adopted under paragraph W. Being placed on the agenda on the "Persons Scheduled to Be Heard" portion of the agenda does not limit or restrict the requestor's ability to speak on a different subject for which public comment is allowed. (d) A sponsor, all co- sponsors, proposer or requester may request that an item be removed from the agenda before the agenda is published under the policies and procedures adopted under paragraph 0) and such item shall be removed from the agenda, unless the item has been carried over or postponed from a previous agenda. jJ. The City Clerk shall prepare the agenda for each Council meeting after consultation with the Mayor and City Manager, subject to paragraphs (a) through (d). A draft agenda shall be circulated to the Mayor and other council Members, and the City Manager. (t) Notice of the date, time, place and final agenda for each Council meeting shall be given to the public by publication in a newspaper of general circulation and by posting to the City's web site and to the official bulletin board at City Hall under policies and procedures adopted under paragraph (k). Additional public notice of meetings may be given by other means. [H] jg) 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. [(I)] (h) The City Clerk shall cause a copy of the meeting packet to be posted on the City's web site and to be provided to the Kenai Community Library, in order to be made available for public viewing under policies and procedures adopted under paragraph (k). The City Clerk shall cause a paper copy or electronic copy of the meeting packet to be provided to any member of the public, or to any organization, upon request under policies and procedures adopted under New Text Underlined [DELETED TEXT BRACKETED] Ordinance No. 2433 -2009 Attachment "A" Page 2 of 2 paragraph (k). At least one paper copy of the meeting packet shall be made available to the public at the meeting. [(J)] ill The City Clerk shall provide paper copies of any late materials to the Mayor, each Council Member, City Manager, and City Attorney. The City Clerk shall also make paper copies of late materials available to the public at the meeting. [(K)](]) The administration will develop policies and procedures to implement this section, subject to review and approval of council. [(L)] (k) Failure to comply with the above policies and procedures will not invalidate any ordinance or Council action as long as there was a good faith effort at compliance by the City Clerk. New Text Underlined [DELETED TEXT BRACKETED] MEMORANDUM TO: Kenai City Council FROM: C. &b Cary R. Graves, City Attorney DATE: August 12, 2009 RE: Ordinance 2433 -2009 Please let me know if you have any questions. CITY OF KENAI 210 FIDALGO AVE., KENAI, ALASKA 99611 -7794 TELEPHONE'. 907- 283 -7535 FAX: 907 283 -3014 On July 1, 2009, the Council passed Ordinance 2347 -2008 regarding changing the way the agenda and packet are prepared and distributed. It repealed and replaced KMC 1.15.040 and repealed KMC 1.15.050(c). There were several versions including substitutes considered during the legislative process. The version adopted, Amended Substitute A, did not include subsection (e). It was inadvertently left out. We did not realize the omission until after passage of the ordinance. Subsection (e) reads: "The City Clerk shall prepare the agenda for each Council meeting, after consultation with the Mayor and City Manager subject to paragraphs (a) through (d). A draft agenda shall be circulated to the Mayor and other Council members, and the City Manager, before finalization." Although parts of Ordinance 2347 -2008 were moderately controversial, subsection (e) was not. This ordinance merely includes the subsection (e) into KMC 1.15.040 as was intended.