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HomeMy WebLinkAboutOrdinance No. 2497-2010 Substitutethc �,y "f KENAI. ALASKA SUBSTITUTE Sponsored by: Council Member Molloy and the City Clerk CITY OF KENAI ORDINANCE NO. 2497 -2010 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC CHAPTER 1.10 ENTITLED "THE COUNCIL," IN ITS ENTIRETY AND SPECIFICALLY ADDRESSING THE PROCEDURES FOR SPECIAL MEETINGS OF THE CITY COUNCIL AND MAKING TECHNICAL CORRECTIONS. WHEREAS, City ordinances currently provide only for personal, notice of a special meeting on City Council Members; and, en service of a WHEREAS, when special meetings are called, there is typically a demand upon the Council to act quickly, and permitting service of notice of a special meeting only by delivery of a written notice to a Council Member in person or at their home can be slow and time consuming; and, WHEREAS, alternative means to communicate the notice of a special meeting exist and those methods are predicted to provide actual notice to each Council Member of a special meeting, including verbal notification to the Council Member in person or by telephone as well as notification by electronic communication such as electronic mail; and, WHEREAS, it is in the best interests of the City to update the procedures for providing notice of special meetings to City Council Members to allow notice through different forms of electronic and verbal communication as well as written notice; and, WHEREAS, Chapter 1.10 of the Kenai Municipal Code contains antiquated terminology and conforming amendments are desirable to provide consistency between this chapter of the City Code and other provisions of City Code. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form. This is a Code ordinance. Section 2. Amendment of Chapter 1.10 of the Kenai Municipal Code: The Kenai Municipal Code, Chapter 1.10, The Council, is hereby amended in its entirety as follows: Sections: 1.10.010 Makeup of the Council. Chapter 1.10 THE COUNCIL New Text Underlined; [DELETED TEXT BRACKETED] Substitute Ordinance No. 2497 -2010 Page 2 of 4 1.10.020 Powers. 1.10.030 Organization meeting 1.10.040 Time of regular meeting. 1.10.050 Place of meeting. 1.10.060 Calling special meetings. 1.10.070 Council chambers and conference rooms. 1.10.010 Makeup of the Council. There shall be a City Council of seven (7) members, consisting of the Mayor and six (6) other Council[MEN] Members, as provided by the City Charter, Section 2 -1. When the [WORD] term "Councilman" or "Councilmen" or Council Member(s)" is used in the ordinances, in the Charter, and elsewhere, it shall be deemed to include the Mayor, as well as other Council[MEN] Members, unless otherwise clearly indicated by the context. 1.10.020 Powers. The Council shall have and may exercise all legislative powers not prohibited by law or by the City Charter. It shall have all powers delegated to it by the City Charter and by law[, SECTION 2 -4, AND OTHER SECTIONS THEREOF]. 1.10.030 Organization meeting. The terms of newly Council[MEN] Members shall begin at the time prescribed for the second regular Council [M]meeting after their election, as provided by the City Charter, Section 10 -2. At said meeting, the Council[MEN] Member -elect present shall take and subscribe to the oath or affirmation of office, which shall be administered by the City Clerk or other authorized person. At this meeting, or as soon thereafter as practicable, the Council shall elect a Vice -Mayor and otherwise organize for the ensuing year as needed and undertake its duties. 1.10.040 Time of regular meeting. The regular meeting of the Council of the City of Kenai, Alaska shall be at a t ime set by a resolution of the Council on the first and third Wednesdays of every month unless circumstances warrant deviation of the regular meeting date when the Council, by majority vote, may change the date and give public notice of such change. 1.10.050 Place of meeting. Meetings of the City Council, regular or special, [WILL] shall be held in the Council [C]chambers in the City Hall unless otherwise designated by the Mayor. This provision shall not apply to executive sessions of the Council. New Text Underlined' [DELETED TEXT BRACKETED] Substitute Ordinance No. 2497 -2010 Page 3 of 4 1.10.060 Calling special meetings. (a) The Mayor or any four (4) Council[MEN] Members may call a special meeting[S] of the Council upon not less than four (4) days written or oral notice communicated to each Council Member and the Mayor [THE CITY CLERK SHALL GIVE THE NOTICE OF SUCH MEETINGS TO EACH COUNCILMAN OR CAUSE IT TO BE LEFT AT A CONSPICUOUS PLACE AT HIS ABODE OR TO BE GIVEN TO A MEMBER OF HIS FAMILY AT LEAST FIFTEEN (15) YEARS OLD AT HIS PLACE OF ABODE, AT LEAST FORTY -EIGHT (48) HOURS BEFORE THE TIME OF HOLDING SUCH SPECIAL MEETING.] A special meeting called on shorter notice [THEN] than four (4) days JFORTY -EIGHT (48) HOURS] shall be a valid meeting if the Council, by unanimous vote of all Council[MENI Members present at the meeting, adopts a motion or resolution finding that an emergency justifying such meeting exists and that the public interest requires the Council to meet on shorter notice. An emergency exists when, in the judgment of the Council, immediate action of the Council is necessary to protect or preserve the finances of the City and /or to protect or preserve the public peace, health, or safety. (b) The City Clerk shall give oral or written notice of a special meeting to each Council Member at least four (4) days before the time of holding such special meeting; however, no service of notice of the special meeting need be made upon the person(s) who issued the call of the special meeting or where the call of the meeting was made at a regular meeting of the Council. Written notice shall be considered sufficient if delivered by electronic means or if delivered to the usual place of residence or business of any Council Member, or to any person residing or working therein who is over the age of fourteen (14) years. (c) For the purpose of giving notice of a special meeting reasonable public notice is given if a statement containing the date, time, and place of the meeting, along with the expected subject(s) of discussion, is published not less than three (3) days before the time of the meeting by posting the statement in a minimum of three (3) public places within the City one of which places shall be the official bulletin board of the City at City Hall. A copy of the notice of the special meeting shall also be published in a newspaper of general circulation in the City and be posted to the City's website. The specific public notice requirements shall not be jurisdictional to the holding of any such meeting at which the Council has determined that circumstances exist to justify calling a special meeting on an emergency basis. (d) The City Clerk shall include in the journal of the special meeting an affidavit (or affidavits) documenting service of the notice of the special meeting on the Council Members as well as the publication of the notice and agenda of the special meeting. (e) No business may be transacted at any special meeting except as stated in the notice of the meeting. 1.10.070. Council chambers and conference rooms. Scheduling the use of the Council chambers and the Clerk /Council conference room in the City Clerk's office shall be under the direction of the City Clerk. The rooms shall be used solely for the transaction of the business of the City except that the Clerk may permit groups New Text Underlined [DELETED TEXT BRACKETED] Substitute Ordinance No. 2497 -2010 Page 4 of 4 working with City staff on a City related issue, groups of whom the City is a member, and other local, state, and /or federal agencies to use the rooms for public purposes, and at no cost, after request by the entity and approval by the City Clerk. Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.0700, this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifteenth day of September, 2010. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR New Text Underlined [DELETED TEXT BRACI {ETED] Introduced: July 7, 2010 Second Reading: July 21, 2010 Third Reading: September 1, 2010 Fourth Reading: September 15, 2010 Adopted: September 15, 2010 Effective: October 15, 2010 FROM: Bob Molloy, Council Member DATE: September 9, 2010 BOB MOLLOY (907) 283-7373 bob@molloyforcoun.cil.com TO: Mayor Porter Vice Mayor Smalley, Council Members Boyle, Eldridge, Marquis, Moore SUBJECT: Ordinance 2497 -2010 Substitute, Amendment to KMC 1.10 Amending Procedures for Special Meetings Ordinance 2497 2010 proposes amendments to KMC Chapter 1.10 to revise the procedures for calling special meetings. The ordinance was introduced on July 7 and at its second reading on July 21, the Council voted to postpone further consideration of the ordinance until the September 1st meeting, then on September 1st voted to postpone to the September 15th meeting so that a substitute could be developed in order to address questions and concerns that were expressed about the special meeting process. The City Manager, City, Clerk, City Attorney and I met to ideas for a substitute ordinance. Ordinance 2497 2010 Substitute is the proposed substitute resulting from that discussion, and is co- sponsored by the City Clerk and I. The substitute does the following: Distinguishes between special meetings called for business purposes and for true emergencies. Adds the following definition of "emergency" in KMC 1.10.060(a): "An emergency exists when, in the judgment of the Council, immediate action of the Council is necessary to protect or preserve the finances of the City and /or to protect or preserve the public peace, health, or safety." This definition tracks the definition to justify an emergency ordinance in the City Charter at p. 2 -13, and adds the category of protection or preservation of the City's finances. Allows a special meeting to be called on shorter notice for a true emergency if the Council, by unanimous vote of council members present at the meeting, adopts a motion or resolution finding that an emergency justifying such meeting exists and that the public interest requires the Council to meet on shorter notice, KMC 1.10.060(a). Creates flexibility in notice to Council/Mayor by: (1) Allowing the Clerk to give oral or written notice, KMC 1.10.060(6); (2) Not requiring notice upon either the person(s) who called the meeting or where the call of the meeting was made at a regularly scheduled council meeting, KMC 1.10.060(6); and (3) Allowing written notice by electronic means (such as by email or fax), or by delivery to the usual place of residence or business of any Council Member, or to any person residing or working therein who is over the age of fourteen (14) years, KMC 1.10.060(b). Adds a newspaper publication requirement, for notice to the public, by lengthening the required notice to Council/Mayor period for calling a special meeting. Not less than four (4) days written or oral notice to Council/Mayor is required (instead of 48 hours), KMC 1.10.060(a); this longer time period generally will allow newspaper publication at least one (1) day before the date of the special meeting. Provides that notice of a special meeting shall include a statement containing the date, time, and place of the meeting, along with the expected subject(s) of discussion, KMC 1.10.060(c). Defines "reasonable public notice" to be: (1) Publication by posting a statement of the special meeting in a minimum of three (3) public places within the City, one of which places shall be the official bulletin board of the City at City Hall, with posting to be not less than three (3) days before the meeting, KMC 1.10.060(c); (2) Publication in a newspaper of general circulation in the City, KMC 1.10.060(c); and (3) Posting to the City's web site, KMC 1.10.060(c). Provides that these reasonable public notice requirements "shall not he jurisdictional to the holding of any such meeting at which the Council has determined that circumstances exist to justify calling a special meeting on an emergency basis," meaning that a special meeting for a true emergency, as determined by the Council, will be a valid meeting even when the reasonable public notice requirements cannot be met. KMC 1.10.060(c). Provides that the "City Clerk shall include in the journal of the special meeting an affidavit (or affidavits) documenting service of the notice of the special meeting on the Council Members as well as the publication of the notice and agenda of the special meeting," KMC 1.10.060(d). Provides that "No business may be transacted at any special meeting except as stated in the notice of the meeting," KMC 1.10.060(e). 1 respectfully request your support of this substitute.