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HomeMy WebLinkAboutResolution No. 2018-21_____________________________________________________________________________________ Sponsored by: Council Member Molloy CITY OF KENAI RESOLUTION NO. 2018-21 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING POLICY 2016-01, PROCEDURES FOR COMMISSIONS, COMMITTEES AND COUNCIL ON AGING – TO CLARIFY THE POLICY ON COUNCIL’S REFERRAL OF ITEMS FOR THE AGENDAS OF THE CITY’S COMMISSIONS, COMMITTEES AND THE COUNCIL ON AGING PRIOR TO ANY FINAL COUNCIL ACTION. WHEREAS, Policy 2016-01, Procedures for Commissions, Committees and Council On Aging currently provides that the Council as a body may refer items to be placed on the agenda of a commission, committee or the Council On Aging; and, WHEREAS, pursuant to City code, certain items for legislative actions require a commission to consider and take action on those items prior to final Council action, such as changes to the zoning code and zoning map; and, WHEREAS, once an ordinance is introduced, the ordinance belongs to the Council as a body, and not to the ordinance’s sponsor(s); and, WHEREAS, current Policy 2016-01 is ambiguous as to whether a referral vote by Council on a motion is first required, or whether such ordinances may be referred automatically to the appropriate body upon introduction without a referral motion, through the use of the consent agenda; and, WHEREAS, it is in the best interest of the City to clarify Policy 2016-01 on Council referrals of items to commissions, committees and the Council on Aging, by providing for automatic referral to the appropriate body’s agenda upon introduction of items which a body is required to consider and take action on prior to final Council action, and to allow the Council the discretion to refer any other item. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That City Council Policy 2016-01, Procedures for Commissions, Committees, and Council on Aging, attached, is approved as amended. Section 2. That this resolution takes effect immediately upon passage. Resolut ion No. 2018-21 Page 2 of 2 PASSED BY THE COUNC IL OF THE CITY OF KENAI, ALASKA, this 161h day of May, 2018 . BRIAN GABRIEL SR , MAYOR ATTEST : POLICY NO. 2016-01 (Amended): Procedures for Commissions, Committees and Council on Aging Purpose The purpose of this policy is to establish procedures, other than those provided in KMC 1.90, for Commissions, Committees and Council on Aging. Scope This policy applies to all advisory bodies appointed by the City Council. The Planning and Zoning Commission is also regulated by KMC 14.05. Policy 1. Appointment and Reappointments a. An application for consideration of appointment or reappointment to a Commission, Committee or Council on Aging must be submitted to the City Clerk. b. The Mayor nominates an applicant for appointment or reappointment and by motion, the City Council confirms. 2. Establishing Subcommittees a. A subcommittee of a commission or committee may be established for a specific function upon approval of Council. 3. Meeting Schedules a. Commission, Committee and Council on Aging meeting schedule is as follows: Commission/ Committee/Council on Aging Meeting Schedule Scheduled Meeting Days Airport Commission Monthly Second Thursday of the month Beautification Committee Meetings held January, April, May, September and October Second Tuesday of the month Council on Aging Monthly Second Thursday of the month Harbor Commission Monthly First Monday after first council meeting of the month Library Commission (Suspended as of 2015, Ordinance No. 2815-2015) N/A N/A Parks & Recreation Commission Monthly, except for July First Thursday of the month Planning & Zoning Commission Twice monthly Second & fourth W ednesdays Kenai City Council Policy No. 2016-01 (Amended) Page 2 of 4 b. All regular meetings will be held in the Kenai City Hall Council Chambers with the exception of the Council on Aging who shall meet at the Senior Center, unless offsite arrangements are approved by the Clerk. Exceptions for subcommittee meetings may be made with the advance notice of the City Clerk. c. Regularly scheduled meetings shall begin at 7:00 p.m. unless otherwise approved by Council via motion, with the exception of the Council on Aging, which begins at 4:30 p.m. d. Commissions, Committees and Council on Aging may, with the City Clerk’s approval and notification to Council and the City Manager, hold special meetings (for a specific purpose) on an as-needed basis. e. Commissions, Committees and Council on Aging meetings may be cancelled by the City Clerk, with notification to Council and the City Manager, if cancellation is warranted, i.e. lack of agenda items, pre-knowledge of lack of a quorum, etc. f. Any additional commissions or committees established will be set and incorporated into the meeting schedule by the City Council. 4. Minutes & Meeting Recordings a. With exception of the Planning & Zoning Commission, taking notes and electronically recording meetings shall be the responsibility of department liaison to the specific meeting body. The Clerk’s Office shall take notes and record the meeting for the Planning and Zoning Commission. b. Summary minutes will be produced by the Clerk’s Office from the department liaisons notes and provided to the City Council as official records of the meetings. c. Regularly scheduled meetings shall be electronically recorded and with the exception of Planning & Zoning Commission, shall be kept for two years. d. Planning & Zoning Commission meeting recordings shall be kept for 6 years. 5. Work Sessions a. Work sessions may not be held without the approval of the City Clerk unless they occur on the night of and at the time of a regularly scheduled advertised meeting. Notification of scheduled work session shall be provided to City Council and the City Manager. Work session may be requested by Council, the liaison or Chair of the body. b. During work sessions, only items on the work session agenda may be discussed and no formal actions may be taken. c. At a minimum, work sessions shall be posted on the Official City Bulletin Board in Kenai City Hall and on the city website at least five days prior to the meeting. Kenai City Council Policy No. 2016-01 (Amended) Page 3 of 4 6. Basic Meeting Information a. All meetings shall be open to the public. b. At a minimum, meeting notices shall be posted on the Official City Bulletin Board in Kenai City Hall and on the city website at least five days prior to the meeting. c. Meeting agenda’s shall be established by the Chair and the department liaison. Items requiring Committee, Commission or Council on Aging action under applicable municipal code prior to final action by the Council, as distinguished from advisory recommendations, will be referred to the respective body prior to any final Council action. The City Council, by motion, may refer any other item to be placed on an agenda seeking a recommendation from the respective Committee, Commission, or Council on Aging. d. The department liaison shall submit items for the agenda and supporting documentation to the Clerk’s Office one week prior to a meeting, no later than 2:00 p.m. The Clerk’s Office will compile meeting material and distribute. The Planning & Zoning Commission is exempt from this requirement as the Planning Department advertises, compiles meeting material and distributes for its commission. e. Rules of Order: Pursuant to KMC 1.15.120(b) and KMC 1.90.050(c), in all matters of parliamentary procedure, Robert's Rules of Order, as revised shall be applicable and govern all meetings, except as specified in KMC 1.15.060 (Motions), KMC 1.15.100 (Speaking), and KMC 1.15.110 (Voting). f. Quorum: No meeting may proceed in the absence of a quorum, i.e. a quorum is more than one-half of the board/commission (quorum of the whole). g. Motion: Pursuant to KMC 1.15.060(k), all motions require a second. A majority of votes is required to pass a motion. h. Speaking: In a meeting, members should be recognized by the Chair before speaking. i. When is it a Meeting: If any public business is discussed collectively by four or a majority of members of one body. 7. Council Participation a. Any Council Member may attend a meeting or work session of any Commission, Committee or the Council on Aging. Only the Council Liaison to the respective, Commission, Committee or Council on Aging may speak on behalf of the Council. Participation by Council Members at Commission, Committee or Council on Aging meetings should be limited to introduction of legislation by one Council Legislative Sponsor. Participation by any other Council Members, written or oral, is discouraged. b. Exception: Council Members may fully participate in any joint work session or other meeting with a Commission, Committee, or the Council on Aging when it has been noticed that the City Council will be in attendance, or there has been a specific delegation of authority by the Council for a member(s) to represent the Council. Kenai City Council Policy No. 2016-01 (Amended) Effective Date: May 16, 2018 ATTEST: Page 4 of 4 Approved by Resolution No. 2016-03 Amended by Resolution No. 2017-24 Amended by Resolution No. 2018-21 BRIAN GABRIEL SR, MAYOR "vt1/~e with a Past City with a Future" 210 Fidalgo Avenue , Kenai, Alaska 99611-7794 Telephone: 907-283-7535 I FAX: 907-283-3014 www.kenai.city MEMORANDUM TO: FROM: Mayor Gabriel, Council Members, Student Representative, Administration Council Member Molloy ~ May 7, 2018 DATE: SUBJECT: Resolution No. 2018-21, Amending Policy 2016-01, To Clarify the Policy on Council's Referral of Items for the Agendas of the City's Commissions, Committees, And/Or Council on Aging Prior to Any Final Council Action The purpose of Resolution No. 2018-21 is to clarify ambigu ity in the current policy for Council referrals to agendas of advisory bodies under the amendment adopted in 201 7 . The amendment to Section 6. Basic Meeting Information , paragraph (c), added the fo ll owing sentence: The City Council , by motion, may refer an item to be placed on an agenda seeking a recommendation from the respective Committee, Commission, or Council on Aging . However, pursuant to City code, certain items for legislative actions require a commission to consider and take action on those it ems prior to fina l Council action, such as changes to the zoning code and zonin g map (Planning & Zoning Commission). Not only does KMC 14.20.270 require the Planning and Zoning Commission to hold a public hearing on map changes, but also the City Attorney has said that the Alaska Supreme Court has previously invalidated changes made by a Council without Planning and Zoning Commission input.1 Previous business practice has been that, upon in troduction, items for legislative actions that require a commission to take action before final Council action were automatic all y referred by Administration to the agenda of the appropriate body. But once an ordinance is introduced, the ordinance belongs to the Council as a body , and not to the ordinance's sponsor(s), and not to Administration. The current policy is ambiguou s as to whether or not a Council vote on a referral motion is now first requ ired, so it is ambiguous whether Administration can now automatically refer an ordinance to the appropriate body upon introduction by Council on consent agenda without a Council vote to refer. 1 Griswold v. City of Homer , 186 P.3d 588 (Alaska 2008). The proposed clarification is: Items requiring Committee . Comm ission or Council on Aging action under appl icable municipal code prior to final action by the Council , as disti nguished from adv isory recommendations . will be referred to the respective body prior to any final Council action . and upon introduction of an ordinance . The City Council, by motion, may refer any other item to be placed on an agenda seeking a recommendation from the respective Committee, Commission , or Council on Aging. 2 The proposed amendments to Policy 2016-01 continue to leave to the Council 's discretion as a body whether to refer any other matters (involving only advisory recommendations) to the commissions , committees and Council on Aging. A list of duties of the City 's commission, committees and the Council on Aging, competed by the City Attorney 's office, is attached for your reference. Council 's support of this resolution and the proposed amended policy is respectfully requested. Resolution 2018-21 Attachment 2 TO: Mayor Brian Gabriel, Council Members, Student Representative, Administration FROM: Bob Molloy, Council Member DATE: May 7, 2018 SUBJECT: Resolution No. 2018-21, Amending Policy 2016-01 ______________________________________________________________________ See below city code citations describing the powers and duties for the various committees, commissions and Council on Aging for your review. List of Board, Commission and Committee Duties General Duties for All Boards, Commissions, and Committees: KMC 1.90.020 (a) Act in an advisory capacity to Council (b) If income stated within City budget, work with City Manager to establish expenses projected for the year. Landscaping/ Site Plan Review Board: KMC 11.05.040 Landscaping/ Site Plan Review Board makes decisions on applications for construction or operation of terminal or transportation uses within City harbor or on lands contiguous to harbor. Landscaping/ Site Plan Review Board’s decision are binding “unless appealed by Council.” Page 2 of 7 Resolution No. 2018-21 Harbor Commission: KMC 11.05.040 Harbor Commission reviews plans for construction of terminal or transportation facilities on lands in or contiguous to harbor to determine, along with Landscaping/ Site Plan Review Board, whether type or location of proposed construction is in “conflict with general City plan” and if so, “whether such proposed construction is in keeping with the objective of the general plan.” KMC 11.10.10 1. Develop, adopt, alter and revise master plan for harbor development subject to approval by city Council. 2. Submit annually to City Manager and Council a recommended three year capital improvement plan. 3. Make investigation regarding any matter related to City harbor facilities, tidelands or submerged lands. Make recommendations to Council relative to care, control and development of tide and submerged lands. 4. “Review all City leases of City-owned tide, submerged and lands or navigable waters within the City” and make recommendations to Council regarding proposed improvements. 5. Make and prepare reports and plans for approval by the City Council. 6. Coordinate public efforts to effectuate approved plans. 7. Advise Council on selection of Harbor Director. KMC 11.15.090 Review applications for rights to tidelines and submerged lands conveyed to City by State in 1977. KMC 11.15.100 Review plats regarding lands conveyed to City by State in 1977, and designate an engineer to review the plats and provide tentative approval or disapproval. KMC 11.15.130 Approve final plats for lands conveyed to City by State in 1977 KMC 11.15.200 Approve applications for leases/ claims for lands conveyed to City by State in 1977 and hold public hearings on the same. KMC 11.15.230 Sit as quasi-judicial body to hear disputes over claims to lands conveyed to City by State in 1977. KMC 11.20.040 Along with Planning Commission classify for leasing all tidelands. Page 3 of 7 Resolution No. 2018-21 KMC 11.20.070 Review all lease applications for tidelands and make recommendation to Council on leases. KMC 11.20.620 Require certain insurance for lessee’s regarding harbor related activities. KMC 11.20.720 Review use rates charged by lessee’s. Planning and Zoning Commission: KMC 11.20.040 Along with Harbor Commission classify for leasing all tidelands. KMC 11.20.070 Review all applications for tideland lease along with Harbor Commission. KMC 11.20.140 Review changes use changes, and renewals of tidelands and make recommendation to Council. KMC 11.20.770 Review disposition of City owned tidelands and make recommendations to Council. KMC 14.05.010 1. Review and act upon requests for variance permits, conditional use permits, planned unit residential development permits, and other matters requiring consideration under the Kenai Zoning Code. 2. Interpret the provisions of the Kenai Zoning Code and make determinations when requested by the Administrative Official. 3. Review the City of Kenai Comprehensive Plan on an annual basis and conduct a minimum of one public hearing. Said recommendations shall be forwarded to the Council for consideration. 4. Promote public interest and understanding of comprehensive planning, platting, zoning, land management, and other issues relating to community planning and development. 5. Proposed plans for the rehabilitation or redevelopment of any area or district within the City. 6. Perform historic preservation reviews and duties as set forth in KMC 14.20.105. Advise Council on: 1. Kenai Zoning Code and Official City of Kenai Zoning Map amendments. Page 4 of 7 Resolution No. 2018-21 2. City and airport land lease or sale petitions. 3. Capital Improvements Programming. The Commission shall submit annually to the Council a list of recommended capital improvements which, in the opinion of the Commission, are necessary and desirable to be constructed during the forthcoming three (3) year period. Such list shall be arranged in order of preference, with recommendations as to which projects shall be constructed in which year. Act in an advisory capacity to the Kenai Peninsula Borough Planning Commission regarding the following matters: Subdivision plat proposals. 1. Right-of-way and easement vacation petitions. 2. City of Kenai Comprehensive Plan amendments. KMC 14.10.010 Review preliminary plats. Appeal of Planning Commission decision can be made to Council pursuant to 14.10.060. KMC 14.10.070 and .080 Review subdivisions and make exceptions and require conditions for approval. KMC 14.10.090 Recommend variations and exceptions to council on subdivision lot size/shape requirements. KMC 14.10.110 Council cannot change or amend Chapter 14.10 until study, report and recommendation by Commission. KMC 14.15.110 and .140 Make recommendations to Council regarding street names. KMC 14.20.050 Make decisions regarding non-conforming lots, structures and uses. KMC 14.20.105, .110 and .130 Allow variance s within TSH, CC and IL zoning districts. Review and Make recommendations on historic buildings. KMC 14.20.150 Determine conditional use permits. KMC 14.20.154 Issue Surface extraction of natural resource permits. Page 5 of 7 Resolution No. 2018-21 KMC 14.20.160, .161. and 170 Condition development of townhouses, zero lot line development and planned unit residential development. KMC 14.20.180, .185 and 230 Issue variance permits, encroachment permits and home occupation permits. KMC 14.20.270 Hold public hearings and make recommendations to Council on Zoning Code and Map amendments. KMC Chapter 21.10 Make recommendations to Council regarding leasing of airport reserve lands. KMC 21.15.060 Make recommendations to Council on disposition of airport lands prior to Council action. KMC 21.15.070 Make recommendations to Council on lease of airport lands. KMC 22.05.040 Make recommendations to Council on disposition of general fund lands prior to Council action. KMC 21.15.045 Make recommendations to Council on lease of general fund lands. Parks and Recreation Commission: KMC 19.05.020 (a) Develop, adopt, alter, or revise subject to approval by the City Council, a master plan for the physical development of recreation facilities for the City. Such master plan with accompanying maps, plats, charts, descriptive, and explanatory matter, shall show the Commission’s recommendations for the development of the City’s recreation facility may include, among other things: (1) Development of the type, location, and sequence of all public recreation facilities; and (2) The relocation, removal, extension, or change of use of existing recreation facilities. (b) Submit annually to the City Manager and Council, not less than ninety (90) days prior to the beginning of the budget year, a list of recommended capital improvements, which in the opinion of the Commission, are necessary or desirable to be constructed during the Page 6 of 7 Resolution No. 2018-21 forthcoming three (3) year period. Such list shall be arranged in order of preference, with recommendations as to which projects shall be constructed in which year. (c) Make investigations regarding any matter related to City recreation. (d) Make and prepare reports and plans for approval by the City Council. (e) Shall act in advisory capacity in the selection of a Director of Parks and Recreation. KMC 24.15.010 Assist City Clerk and Parks and Recreation Director in establishment of cemetery regulations subject to approval by Council. Airport Commission: KMC 21.20.010 (a) Develop, adopt, alter or revise, subject to approval by the City Council, a master plan for the airport development. This may include: (1) Development of type, location and sequence of all airport terminal facilities; (2) Development and use of all airport aeronautical lands. (b) Observe, oversee and guide in an advisory capacity, any matters relating to use of airport runways, airport terminal, and airport aeronautical lands. (c) Act in an advisory capacity to the Council and the Airport Manager. (d) Make recommendations to the City Manager on the airport budget. Beautification Committee: Beautification Committee is a subcommittee of the Parks and Recreation Commission specifically assigned the task of landscaping and gardening throughout the heart of the City. The committee meets to determine the course of action for the season; jobs are assigned and work is completed throughout the summer. Usually a tour of the gardens happens at the end of the summer. Council on Aging: The Mission of the Council on Aging is to advise the Mayor, City Council, Director, and the City of Kenai of the needs of the elderly in the area, support the programs which enable the continued independence of senior citizens and serve as an advisory committee. Duties include advising the Director of Senior Citizen Programs on matters dealing with the budgets for senior programs and programs operated at the Senior Center. Page 7 of 7 Resolution No. 2018-21 Mini-Grant Steering Committee: The Mini-Grant Steering Committee was created by former Mayor Porter as a way for residents to help fund projects that would have a positive long lasting effect on their neighborhoods, improving the quality of life for all residents. Applications are received and reviewed by the committee throughout the year; grants of up to $500 are awarded. Precinct Board: KMC 6.05.040 Administer elections in precinct. Personnel Board: KMC 23.25.030 Hear personnel grievances.