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HomeMy WebLinkAboutResolution No. 2010-07the ALASKA CITY OF KENAI RESOLUTION NO. 2010 -07 SUBSTITUTE Suggested by: Mayor Pat Porter A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE ADMINISTRATIVE POLICIES AND PROCEDURES FOR THE PREPARATION, DISTRIBUTION AND PUBLICATION OF THE CITY COUNCIL AGENDA AND PACKET, INCLUDING PROVIDING DIRECTION REGARDING THE TIME AND RULES FOR TAKING PUBLIC COMMENT. WHEREAS, KMC 1.15, Rules of Order, establish the City of Kenai's rules for the exercise of its legislative power and further provide for the adoption of policies and procedures to guide City administration in implementing those rules of order; and, WHEREAS, to assure that the business of the City is conducted in an orderly and open manner, it is in the best interests of the City of Kenai to establish policies for City administration to follow in preparation of the Council agenda for City Council meetings under KMC 1.15.040; and, WHEREAS, public participation is essential to good government and informed decision making by public officials and it is in the best interest of the City to formalize the times and process for hearing public comment and discussion on its City Council meeting agenda; and, WHEREAS, on July 1, 2009, the City Council approved of administrative policies and procedures to implement the City's Rules of Order in conjunction with Ordinance No. 2347 -2008, which ordinance made changes to KMC 1.15.040 -.050; and, WHEREAS, from time it time it is necessary to amend those policies and procedures to provide additional direction to City administration to implement the KMC 1.15.040. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that City of Kenai Administrative Policies and Procedures for the preparation, distribution, and publication of the City Council agenda and packet are hereby amended to read as set forth on Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of April, 2010. ATTEST: Carol Freas, City Clerk New Text Underlined jDELETED TEXT BRACKETED] AL SMALLEY, VICE MAY a or PAT PORTER, MAYOR SUBSTITUTE Resolution No. 2010 -07 Attachment A Page 1 of 3 ADMINISTRATIVE POLICIES AND PROCEDURES AGENDA AND PACKET PREPARATION, DISTRIBUTION, AND PUBLICATION [AND LATE MATERIALS] JADMINISTRATIVE POLICIES AND PROCEDURES] A. Agenda Preparation and Format; Public Testimony 1. The City Clerk shall prepare the agenda for each Council meeting after consultation with the Mayor and the City Manager, subject to paragraphs (a) through (d) of KMC 1.15.040. The City Clerk shall circulate a draft agenda to the Mayor, to other Council Members, and to the City Manager. [1]2. Scheduled Public Comment. The agenda shall include time for "Scheduled Public Comment." Any member of the public may request that an item be placed on the agenda for a regular Council meeting under "Scheduled Public Comment [PERSONS SCHEDULED TO BE HEARD]_ AND WILL BE PERMITTED 10 MINTUES TO ADDRESS THE COUNCIL.] A person who desires to address the Council under Scheduled Public Comment shall make that request in writing on a form provided by the City Clerk a minimum of eight (8) days in advance of the Council meeting. The speaker will be permitted 10 minutes to address the Council after which the speaker may elect whether to address any questions from the Council. The time limitation should be reflected on the agenda. The speaker shall identify themselves in writing, providing their name, city of residency, and address for the record. Omission of an address will not bar a person from speaking. [THE REQUEST SHALL BE MADE TO THE CITY CLERK ON THE PRESCRIBED FORM, A MINIMUM OF EIGHT (8) DAYS IN ADVANCE OF THE COUNCIL MEETING.] The person may speak on any topic except jTHE 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 consideration on that consent agenda [alb. [I]items scheduled for public hearing on [THE] that agenda[.]; [b]c. [P]personnel matters[]; and, [c]d. [I]items upon which litigation involving the person or his /her representative and the City is currently pending. 3. Unscheduled Public Comment. The agenda shall include time for "Unscheduled Public Comment." Any member of the public may address the Council during the schedule on the agenda. The speaker will be permitted three (3) minutes to address the Council after which the speaker may elect whether to address any questions from the Council. The time limitation should be reflected on the agenda. The speaker shall identify themselves in writing, providing their name, city of New Text Underlined; [DELETED TEXT BRACKETED] SUBSTITUTE Resolution No. 2010 -07 Attachment A Page 2 of 3 residency, and address for the record. Omission of an address will not bar a person from speaking. The person may speak on any topic except: a. items scheduled for consideration on that consent agenda; b. items scheduled for public hearing on that agenda]; c. personnel matters; and, d. items upon which litigation involving the person or his /her representative and the City is currently pending. 4. Public Hearings: Consent Aeenda_Testimoriy. (a) Any member of the public present may be heard at public hearings on resolutions and ordinances at the time designated on that agenda for the public hearing or as that time may be extended at the discretion of the Council. Any member of the public present may be heard at a time designated on that agenda to accept public comment on matters appearing on the consent agenda. The agenda shall state that the speaker will be permitted three (3) minutes to address the Council. The time limitation should be reflected on the agenda. The speaker shall identify themselves in writing, providing their name, city of residency, and address for the record. Omission of an address will not bar a person from speaking. The person shall speak to the issue that is the subject of the public hearing. The speaker may elect whether to address any questions from the Council. (b) With respect to public testimony in public hearings and relating to items on the consent agenda, persons present at a meeting may give their time over to another speaker present at the meeting; provided, however, that no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf. 5. Citizen Discussion. The agenda shall include time for citizen discussion "Discussion"). Any member of the public may be heard under an agenda section for "Citizens" under agenda item "Discussion." The speaker will be permitted five (5) minutes to address the Council after which the speaker may elect whether to address any questions from the Council. The time limitation should be reflected on the agenda. The speaker shall identify themselves in writing, providing their name, city of residency, and address for the record. Omission of an address will not bar a person from speaking. The person may speak on any topic except: a. personnel matters; and, b. items upon which litigation involving the person or his /her representative and the City is currently pending. B. Council Packet Preparation 1. All reports, ordinances, resolutions, contracts, documents, or other matters to be submitted to the Council for a regular meeting shall be submitted to the City Clerk not later than four p.m. on the Thursday preceding the Wednesday meeting. The City Clerk shall prepare the agenda for all of these matters according to the order of business, numbering each item consecutively. New Text Underlined; [DELETED TEXT BRACKETED] SUBSTITUTE Resolution No. 2010 -07 Attachment A Page 3 of 3 2. Council Members and Administration are each encouraged to submit explanatory memoranda for any action item that person requests be placed on the agenda. C. Agenda and Council Packet Publication and Distribution [211. Notice of the date, time and place, and [FINAL] the agenda for each regular Council meeting [WILL BE GIVEN TO THE PUBLIC BY PUBLICATION] shall be published in a newspaper of general circulation no later than three (3) days prior to each regular [THE] Council meeting. [3]2. Notice of the date, time and place, and [FINAL] the agenda for each regular Council meeting [WILL BE GIVEN TO THE PUBLIC BY POSTING TO] shall be posted on the City's official bulletin board at City Hall no later than six (6) days prior to each regular [THE] Council meeting. [4]3. The City Clerk shall post a copy of the meeting packet to the City's web site and shall also provide a copy of the packet to the Kenai Municipal Library, no later than six (6) days prior to each regular [THE] Council meeting. [S]4. Any [MEMBER OF THE PUBLIC OR] person and any organization may request a copy of the meeting packet, either by paper or electronic copy. The City Clerk will provide the copy as soon as practical. [6]5. "Day" [WILL BE CONSIDERED] is a calendar day. [7.]The day of posting and /or publication and the day of the [c]Council meeting each shall be counted for the purpose of computing compliance with the posting and publication [ESTABLISHING] deadlines. D. Special Meetings The agenda format, preparation, posting, publication, and public participation policies set forth in sections A, B, and C, above, do not apply to special meetings of the Council. Notice of special meetings shall be made under KMC 1.10.060 and the agenda shall be circulated to each member of the Council and to the City Manager at least 24 hours prior to the special meeting where practicable. The City Clerk will prepare the agenda for a special meeting after consultation with the Mayor and the City Manager, subject to paragraphs (a) through (d) of KMC 1.15.040. The agenda for a special meeting will not include time for Scheduled Public Comment, Unscheduled Public Comment, or Discussion (Citizen) unless requested by a Council member, the City Manager, or the City Attorney. The agenda shall include time for a public hearing where otherwise required by law for adoption of ordinances and resolutions. (est. 07/01/09; rev. 02 /03 /10)[JULY 1, 20091 New Text Underlined; [DELETED TEXT BRACKETED] SUBSTITUTE Resolution No. 2010 -07 Attachment A Page 1 of 3 ADMINISTRATIVE POLICIES AND PROCEDURES AGENDA AND PACKET PREPARATION, DISTRIBUTION, AND PUBLICATION A. Agenda Preparation and Format; Public Testimony 1. The City Clerk shall prepare the agenda for each Council meeting after consultation with the Mayor and the City Manager, subject to paragraphs (a) through (d) of KMC 1.15.040. The City Clerk shall circulate a draft agenda to the Mayor, to other Council Members, and to the City Manager. 2. Scheduled Public Comment. The agenda shall include time for "Scheduled Public Comment." Any member of the public may request that an item be placed on the agenda for a regular Council meeting under "Scheduled Public Comment. A person who desires to address the Council under Scheduled Public Comment shall make that request in writing on a form provided by the City Clerk a minimum of eight (8) days in advance of the Council meeting. The speaker will be permitted 10 minutes to address the Council after which the speaker may elect whether to address any questions from the Council. The time limitation should be reflected on the agenda. The speaker shall identify themselves in writing, providing their name, city of residency, and address for the record. Omission of an address will not bar a person from speaking. The person may speak on any topic except: a. items scheduled for consideration on that consent agenda; b. items scheduled for public hearing on that agenda; c. personnel matters; and, d. items upon which litigation involving the person or his /her representative and the City is currently pending. 3. Unscheduled Public Comment. The agenda shall include time for "Unscheduled Public Comment." Any member of the public may address the Council during the schedule on the agenda. The speaker will be permitted three (3) minutes to address the Council after which the speaker may elect whether to address any questions from the Council. The time limitation should be reflected on the agenda. The speaker shall identify themselves in writing, providing their name, city of residency, and address for the record. Omission of an address will not bar a person from speaking. The person may speak on any topic except: a. items scheduled for consideration on that consent agenda; b. items scheduled for public hearing on that agenda; c. personnel matters; and, d. items upon which litigation involving the person or his /her representative and the City is currently pending. SUBSTITUTE Resolution No. 2010 -07 Attachment A Page 2 of 3 4. Public Hearings; Consent Agenda Testimony. (a) Any member of the public present may be heard at public hearings on resolutions and ordinances at the time designated on that agenda for the public hearing or as that time may be extended at the discretion of the Council. Any member of the public present may be heard at a time designated on that agenda to accept public comment on matters appearing on the consent agenda. The agenda shall state that the speaker will be permitted three (3) minutes to address the Council. The time limitation should be reflected on the agenda. The speaker shall identify themselves in writing, providing their name, city of residency, and address for the record. Omission of an address will not bar a person from speaking. The person shall speak to the issue that is the subject of the public hearing. The speaker may elect whether to address any questions from the Council. (b) With respect to public testimony in public hearings and relating to items on the consent agenda, persons present at a meeting may give their time over to another speaker present at the meeting; provided, however, that no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf. 5. Citizen Discussion. The agenda shall include time for citizen discussion "Discussion Any member of the public may be heard under an agenda section for "Citizens" under agenda item "Discussion." The speaker will be permitted five (5) minutes to address the Council after which the speaker may elect whether to address any questions from the Council. The time limitation should be reflected on the agenda. The speaker shall identify themselves in writing, providing their name, city of residency, and address for the record. Omission of an address will not bar a person from speaking. The person may speak on any topic except: a. personnel matters; and, b. items upon which litigation involving the person or his /her representative and the City is currently pending B. Council Packet Preparation 1. All reports, ordinances, resolutions, contracts, documents, or other matters to be submitted to the Council for a regular meeting shall be submitted to the City Clerk not later than four p.m. on the Thursday preceding the Wednesday meeting. The City Clerk shall prepare the agenda for all of these matters according to the order of business, numbering each item consecutively. 2. Council Members and Administration are each encouraged to submit explanatory memoranda for any action item that person requests be placed on the agenda. C. Agenda and Council Packet Publication and Distribution SUBSTITUTE Resolution No. 2010 -07 Attachment A Page 3 of 3 1. Notice of the date, time and place, and the agenda for each regular Council meeting shall be published in a newspaper of general circulation no later than three (3) days prior to each regular Council meeting. 2. Notice of the date, time, and place, and the agenda for each regular Council meeting shall be posted on the City's official bulletin board at City Hall no later than six (6) days prior to each regular Council meeting. 3. The City Clerk shall post a copy of the meeting packet to the City's web site, and shall also provide a copy of the packet to the Kenai Municipal Library,. no later than six (6) days prior to each regular Council meeting. 4. Any person and any organization may request a copy of the meeting packet, either by paper or electronic copy. The City Clerk will provide the copy as soon as practical. 5. "Day" is a calendar day. The day of posting and /or publication and the day of the Council meeting each shall be counted for the purpose of computing compliance with the posting and publication deadlines. D. Special Meetings The agenda format, preparation, posting, publication, and public participation policies set forth in sections A, B, and C, above, do not apply to special meetings of the Council. Notice of special meetings shall be made under KMC 1.10.060 and the agenda shall be circulated to each member of the Council and to the City Manager at least 24 hours prior to the special meeting where practicable. The City Clerk will prepare the agenda for a special meeting after consultation with the Mayor and the City Manager, subject to paragraphs (a) through (d) of KMC 1.15.040. The agenda for a special meeting will not include time for Scheduled Public Comment, Unscheduled Public Comment, or Discussion (Citizen) unless requested by a Council member, the City Manager, or the City Attorney. The agenda shall include time for a public hearing where otherwise required by law for adoption of ordinances and resolutions. (est. 07/01/09; rev. 04/21/10) he ci of KENAI, ALASKA MEMO: TO: Mayor Porter and Councilors FROM: Krista S. Stearns, City Attorn y DATE: April 14, 2010 RE: Substitute Resolution No. 2010 -07 Vtilaye with a Past, Ci with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 In your packet is proposed substitute resolution 2010 -07, amending the policies and procedures for administration in preparation, distribution, and publication of the Council agendas These policies provide guidance to City administration and put into effect the rules of order in KMC 1.15.040. The substitute reflects changes in Attachment A to the resolution. The changes were made after taking input from the Council at a work session in March. In response to the information elicited in the work session, more specific instructions were added to the policies to clarify opportunities for members of the public to comment on items on the consent agenda. Further clarification was also made to the public comment process of scheduled and unscheduled public comment and citizen discussion. The attachment for the resolution, Attachment A, is typed in legislative style as is the City's custom when amending existing codes, regulations, and policies. For ease of reading, I have enclosed a "clean" version of Attachment A. 'V II 1992