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HomeMy WebLinkAbout2007-03-06 Library Commission PacketKENAI LIBRARY COMMISSIOl KENAI COUNCIL CHAMBERS MARCH s, zooa a:oo P.M. AGENDA ITEM 1: CALL TO ORDER 8c ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- February 13, 2007 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion -- Library Expansion b. Discussion -- Public Opinion Poll Questions ITEM 6: NEW BUSINESS a. Discussion -- Commission Duties ITEM a: REPORTS a. Director b. Friends of the Library c. City Council Liaison ITEM 8: COMMISSION COMMENTS/QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Kenai City Council Action Agendas of February 7 and 21, 2007. ITEM 11: ADJOURNMENT PLEASE CONTACT US IF YOU WILL NOT BE ABLE TO ATTEN® THE MEETING: CAROL -- 283-8231 OR, MARY JO -- 283-4378 ~3 KENAI LIBRARY COMMSSION KENAI COUNCIL CHAMBERS FEBRUARY 13, 2007 7:00 P.M. AGENI3A ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- January 9, 200'7 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion -- Proposed Library Expansion/Letters of Support Campaign ITEM 6: NEW BUSINESS a. Discussion -- Meeting Schedule b. Discussion -- Fourth of July Parade ITEM 7: REPORTS a. Director b. Friends of the Library c. City Council Liaison ITEM 8: COMMISSION COMMENTS/QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: YNFORMATION a. Kenai City Council Action Agendas of January 3 and 1?, 2007. ITEM 11: ADJOURNMENT KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS FEBRUARY 13, 200'7 7:00 P.M. CHAIR BOB PETEIBS, PRESIDING ITEM 1: CALL TO ORDER & ROLL CALL Chair Peters called the meeting to order at approximately 7:02 p.m. Roll was confirmed as follows: Conunissioners present: K. Heus, E. DeForest, B. Peters, C. Brenckle Commissioners absent: R. Gilman, E. Bryson, and C. Cook Others present: Council Member R. Molloy, Director M. Joiner A quorum was present. ITEM 2: AGENDA APPROVAL Council Member Molloy requested a discussion be added as Item 5-b, Possible Questions for Community Research Poll. MOTION: Commissioner Brenckle MOVED to approve the agenda with the addition of Item 5-b as requested. Commissioner Heus SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY --January 9, 2007 MOTION: Conunissioner Heus MOVED to approve the meeting summary as presented and Commissioner Brenckle SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5: OLD BUSINESS 5-a. Discussion -- Proposed Library Expansion/Letters of Support Campaign Discussion took place related to the following issues: • Heus letter included in the packet suggesting a new 20,000 square foot building be built which would be comparable in cost of an addition and renovation of the existing library. It was noted, councll was not receptive to new site construction. • Letter of support campaign was discussed briefly and the Commission may consider a campaign. 5-b. Discussion -- Public Opinion Poll Questions The Commission reviewed draft questions provided by Council Member Molloy. Members were requested to forward additional questions to him to include in the February 21, 2007 councfl meeting packet who would review the questions and consider whether to include them in the poll. Some suggestions made were: • Include the mil equivalent in Question 3. • Add an alternative question related to dedicated sales tax. • Break the question into parts, asking whether preference would be for a new library or expansion. ITEM 6: NEW BUSINESS 6-a. Discussion -- Meeting Schedule Commission reviewed the existing policy and requested no changes. 6-b. Discussion -- Fourth of July Parade Director Joiner reported she was soliciting support and volunteers to participate in a book cart drill team for the parade. ITEM 7: REPORTS 7-a. Director -- Director Joiner reviewed a written report distributed to the members. 7-b. Friends of the Library -- Commissioner Heus reported on the "Friends" activities, i.e. membership drive, annual letter, membership to Kenai Chamber of Commerce, etc. 7-c. City Council Liaison -- Council Member Molloy commended the director and staff for receiving the Public Library Association award and reviewed actions taken by Council at its February 7 meeting. YTEM 8: COMMISSION COMMENTS/QUESTIONS Heus -- Thanked Molloy for attending and distributing the poll questions for review. Brenckle -- Was very excited about the award received. Peters -- Thanked Molloy for attending for Councfl Member Swarner. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD LIBRARY COMMISSION MEETING FEBRUARY 13, 2007 PAGE 2 Thox~aas Walker -- Suggested the poll question explain the purpose of the poll. ITEM 10: INFORMATION 10-a. Kenai City Council Action Agendas of January 3 and 17, 2007. ITEM 11: ADJOURNMENT MOTION: Commissioner Brenckle MOVED to adjourn and Commissioner Heus SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Cormnission, the meeting adjourned at approximately 8:44 p.m. Meeting summary prepared and submitted by: Carol L. Freas, City Clerk LIBRARY COMMISSION MEETING FEBRUARY 13, 2007 PAGE 3 Possible Questions for Community Research Poll. Are you a resident of the City of Kenai? No-terminate interview. Are you at least 18 years of age, No -terminate interview. 2. Do you support a project to halt bluff erosion in Kenai? Support Strongly Somewhat Support Neutral Somewhat Oppose Oppose Strongly A project to halt the erosion of the bluff in Kenai is estimated to cost $ 10 million - $ 12 million. A $ 2 million general obligation bond would increase property tax by $ 34 per $ 100,000 of assessed value. Would you support a bond proposition in the amount of $ 2 million to support the project, if Che proceeds of the bond sale could only be expended when the remainder of the project funding has been secured foom other sources? 4. Do you support a project to expand the City of Kenai Public Library? Support Strongly Somewhat Support Neutral Somewhat Oppose Oppose Strongly 5. An expansion of the Kenai City Library is estimated to cost $ 5 million. A $ 2 million general obligation bond would increase property tax by $ 34 per $ 100,000 of assessed value. Would you support a bond proposition in the amount of $ 2 million to support the project, if the proceeds of the bond sale could only be expended when the remainder of the project funding has been secured from other sources? 6. Do you support paving gravel-surfaced roadways throughout the City of Kenai? Support Strongly Somewhat Support Neutral Somewhat Oppose Oppose Strongly 7. There are a number of gravel-surfaced roadways throughout the City. A $ 2 million general obligation bond would increase property tax by $ 34 per $ 100,000 of assessed value. Would you support a bond proposition in the amount of $ 2 million to fund projects to pave some of these roadways? I~1err-6a Chapter 1.57 LIBRARY COMMISSION Sections: 1.57.010 Duties and powers. 1.57.020 Library regulations. 1.57.010 Duties and powers. The Commission shall be required to do the following: (a) Develop, adopt, alter, or revise subject to approval by the City Council, a master plan for the physical development of library facilities for the City; (b) Submit annually to the City Manager and Council a list of recommended capital and other improvements in regards to the library; (c) Make recommendations regarding any matter related to library service; (d) Serve as the liaison between the public and the City Counci] in regards to library service; (e) Worlc closely with the Friends of the Kenai Community Library for the betterment of the Kenai Community Library; (f) Shall act in an advisory capacity in the selection of the Library Director. (Ords. 852, 1161, 7802-98,2184-2006) 1.57.020 Library regulations. The Library Regulations shall be as listed under the regulations section in The Kenai Code, Supplement No. 18, adopted on September 20, 1982, and all future updates. (Ords. 852, 1161, 1802-98,2184-2006) 21 (Kenai Supp. No. 89, 12-0~ Chapter 1.90 STANDARD PROCEDURES FOR BOARDS, COMMISSIONS AND COMMITTEES Sections: 1.90.010 Creation. 1.90.020 Duties. 1.90.030 Qualifications. 1.90.040 Terms. 1.90.050 Proceedings. 1.90.060 Specific requirements of boards, commissions and committees. 1.90.010 Creation. All boazds, commissions and committees created by the Council of the City of Kenai, shall consist of seven (7) members who shall be nominated by the Mayor and confirmed by the City Council from applications submitted to the City Clerk. A chairman and vice-chairman shall be selected annually and shall be elected from and by the appointed members. The Mayor and one `Council Member elected by the Council as ex- officio members and as consultants of any boazd, commission or committee, may attend all meetings, but shall have no voting power on the boazd, commission or committee. A member of Council or City administrative staffshall attend all meetings of boazds, commissions and committees and supply staff support. 1.90.020 Dnties. (a) Members of boards, commissions and committees shall be required to establish policies relating to their respective organization. They shall act in an advisory capacity to department heads within the City Administration if there are such departments in the City organization that directly relate to the boazd, commission or committee. (b) If the boazd, commission or committee has income stated within the City of Kenai annual budget, said boazd, commission or committee shall work with the City Manager to establish expenses projected for the yeaz for approval by the City `Council. 1.90.030 Quatifacations. (a) A member of a boazd, commission or committee must be a resident of the City of Kenai, unless the boazd, commission or committee is specifically exempted by Council from this requirement. The member cannot be an officer or employee of the City of Kenai. If any member should move his residence from the corporate limits of the City of Kenai (if applicable), is an officer or employee of the City of Kenai, or shah be elected or appointed as an officer or employee of the City of Kenai, the service of such member shall terminate immediately. He should be aware that he will serve without salary, but will be reimbursed for all reasonable expenses incurred in connection with this service, only after approval by Council. (b) The Beautification Committee, and Harbor, Library, and Parks and Recreation Commissions may at the discretion of the Council have up to two non-resident members each. (Ord. 1948-2002) 1.90.040 Terms. (a) A member of a boazd, commission or committee shall serve for a term of three (3) yeazs, unless the boazd, commission or committee is specifically exempted by Council from this requirement. At renewal date, the Mayor, with consent of the Council, can reappoint the member or recommend a replacement. (b) The terms of the initial boazd, commission or committee member shall be staggered so that three (3) members will be appointed for one year; two members will be appointed for two years; and two members will be appointed for three years. Terms shall commence on January 1 of each year. 1.90.050 Proceedings. (a) All boazds, commissions and committees will have regulazly scheduled meetings which shall be open to the public. Exceptions to the meeting requirements shall be established by Council. Permanent records or minutes shall be kept of all proceedings and such minutes shall record the vote of each membee upon every question. Every decision or finding shall immediately be filed in the office of the City Clerk and shall be a public record open to inspection by any person. All acts of 32 (ssa-~~2eroal 1.9o.oso boards, commissions and committees are subject to the paramount authority of the City Council (b) If the commission, committee or board member shall be absent, without the body excusing the absence for good cause, from more than one-half of all the meetings of his/her committee, commission or board, regular and special, held within any period of Three (3) consecutive calendar months, he/she shall thereupon cease to hold the seat. A commission, committee or board member may not have more Chan three (3) excused absences during a twelve month calendar year. (c) 1n all matters of parliamentary procedure, Robert's Rules of Order as revised shall be applicable and govern all meetings, unless as specified in KMC 1.IS.060 motions; KMC I.IS.100, speaking; and KMC 1.1s.110, voting. (d) The responsibility of insuring that all members of boards, commissions and committees receive a copy of the Standard Procedures of Boards, Commissions and CommiCCees lies with Che City Clerk. (Ords. 1610-94; 2017-2003; 2050-2004; 2140- 2006) 1.90.060 Specific requirements of boards, commissions and committees. Requirements of boards, commissions and committees as set forth in KMC 1.90 are general requirements and shall be followed to the extent that they do not conflict with specific requirements found in code sections specifically pertaining to individual boards, commissions and committees. (Ords. 1223, 1239) 33 (Kenai Supp, No, K7, 4-OG) CITY F KENO 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 ~ TELEPHONE 907-283-7535 __ FAX 907-263-3014 r~u. I~1'Il isvz MEM012AI~DUM TO: Commission and Committee Members FROM:(~~ Cary R. Graves, City Attorney DATE: August 27, 2003 RE: Commission and Committee Powers The Council asked me to write a memorandum regazding the powers of the various city commissions and committees (hereinafter "commissions"). KMC 1.90 outlines the standazd procedures for them. The general procedures apply unless there are specific code sections regazding the commission or committee that specify otherwise. KMC 1.90.020(a) states that commissions and committees "shall act in an advisory capacity to department heads within the City Administration." (Emphasis added.) KMC 1.90.050 states, "All acts of boazds, commissions and committees are subject to the paramount authority of the City Council." The impetus behind this memorandum was a move by a Commission Chair to independently go out for and craft a request for proposals for management of a city facility. In that case, it appeared the Commission Chair intended for the commission to bypass the City Council and Manager and do its own process for the selection of management of the facility. Such a process clearly exceeded the scope of the intended powers of a commission. Of the various commissions, the one with primary independent authority is the Planning and Zoning Commission. That commission has independent authority under AS 29.40 and KMC 14.05.010 for the determination of various zoning issues such as granting of variances or conditional use permits. Those decisions, however, are still subject to appeal to the City Council acting as the Board of Adjustment and then the Superior Court. In other areas, that commission acts only in an advisory capacity to the city and borough. The other commissions act almost exclusively as advisory bodies. They, subject to council approval, adopt master plans for the physical development of facilities and some of them (e.g. Library, and Parks and Recreation) also make advisory recommendations as to hiring of a department head. The duties of the various commissions are in the code as follows: 1) Planning and Zoning-KMC 14.05.010; 2) Harbor-KMC 11.10.010; 3) Library-KMC 1.57.010; 4) Commission and Commit*'°^.Members Aueust 27, 2003 Paee 2 of 2 Parks and Recreation-KMC 19.05.010; 5) Airport-KMC 21.25.010; 6) Beautification-KMC 190.020 and 7) Council on Aging-KMC 1.90.020 and Article VI of its Bylaws. Copies of the various code sections are attached for your review. Please feel free to Iet me know if you have any questions. CRG/sp Attachments cc: Linda L. Snow, City Manager .90.010 Chapter 1.90 STANDARD PROCEDURES FOR BOARDS, COMMISSIONS AND COMMITTEES Sections: 1.90.010 Creation. 1.90.020 Duties. 1.90.030 Qualifications. 1.90.040 Terms. 1.90.050 Proceedings. 1.90.060 Specific requirements of hoards, commissions and committees. 1.90.070 Creation. All boards, commissions and committees created by the Council of the City of Kenai, shall consist of seven (7) members who shall be nominated by the Mayor and confirmed by the City Council from ap- plications submitted to the City Clerk. A chairman and vice-chairman shall be selected annually and shall be elected from and by the appointed members. The Mayor and one Council Member elected by the Council as ex-officio members and as consultants of any boazd, commission or committee, may attend all meetings, but shall have no voting power on the board, commission or committee. A member of Council or City administrative staff shall attend all meetings of boards, commissions and committees and supply staff support. 1.90.020 Duties. (a) Members of boards, commissions and commit- tees shall be required to establish policies relat- ing to their respective organization. They shall act in an advisory capacity to department heads within the City Administration if there are such departments in the City organization that di- rectly relate to the board, commission or com- mittee. (b) if the board, commission or committee has in- come stated within the City of Kenai annual budget, said board, commission or committee shall work with the City Manager to establish (ienai 9-7-0?1 32 expenses projected for the year for approval by the City Council. 1.90.030 QuatiGcations. (a) A member ofa board.commission or committee must be a resident of the City of Kenai, unless the board, commission or committee is specifi- cally exempted by Council from this require- ment. The member cannot be an officer or em- ployee of the City of Kenai. If any member should move his residence from the corporate limits of the City of Kenai (if applicable), is an officer or employee of the C ity of Kenai, or shall be elected or appointed as an officer or em- ployee of the City of Kenai, the service of such member shall terminate immediately. He should be aware that he will serve without salary, but will be reimbursed for all reasonable expenses incurred in connection with this service, only af- ter approval by Council. (b) The Beautification Committee, and Harbor, Li- brary, and Parks and Recreation Commissions may at the discretion of the Council have up to two non-resident members each. (Ord. 1948- 2002) 1.90.040 Terms. (a) Amemberofaboard,commissionorcommittee shall serve for a term of three (3) years, unless the board, commission or committee is specifi- cally exempted by Council from this require- ment. At renewal date, the Mayor, with consent of the Council, can reappoint the member or recommend a replacement. (b) The terms of the initial board, commission or committee member shall be staggered so that three (3) members will be appointed for one year; two members will be appointed for two years; and two members will be appointed for three years. Terms shall commence on January I of each year. 1,90.050 Proceedings. (a) All boards, commissions and committees will have regularly scheduled meetings which shall 1.90.G~0 be open to the public. Exceptions to the meetine requirements shall be established by Council. Permanent records or minute: shall be kept of all proceedings and such minutes shall record the vote of each member upon every question. Every decision or finding shall immediately be filed in the office of the City Clerk and shall be a public record open to inspection by any per- son. All acts of boards, commissions and com- mitteesare subject to the paramount authority of the Citv Council. (b} Ifthe commission, committee or board member shall be absent from more than one-half of all the meetings of his/her committee, commission or board, regular and special, held within any period of three (3) consecutive calendar months. he/she shall thereupon cease to hold the seat. (Ord. 1610-94) (c) ht all matters of parliamentary procedure,. Robert's Rules of Order as revised shall be ap- plicable and govern all meetings, unless as specified in KMC 1.15.060 motions; KMC 1.15.100. speaking; and KMC I.15.11 Q voting. (d) The responsibility of insuring that all members of boards, commissions and committees receive a copy of the Standard Procedures of Boards. Commissions and Committees lies with the City Clerk. 1..90.060 Specific requirements of boards, commissions and committees. Requirements of boards, commissions and com- mittees as set forth in KMC 1.90 are general re- quirements and shall be followed to the extent that they do not conflict with specific requirements found in code sections specifically pertaining to individual boards, commissions and committees. (Ords. 1223, 1239) 3 3 (Kenai 94-02) 14.05.010 Chapter 14.05 PLANNING AND ZONING COMMISSION Sections: 14.05.010 Duties and powers. 14.05.020 Fees. 14.05.010 Duties and powers. (a) The Commission shall be required to perform the following duties: (1) Review and act upon request for vari- ance permit, conditional use permit, planned unit residential development permit, and other matters requiring con- sideration under the Kenai Zoning Code. (2) Interpret the provisions of the Kenai Zoning code and make deteeminations when requested by the Administrative Official. (3) Review the Ciry 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 froth in KMC 14.20.105. (b} The Commission shall act in an advisory ca- pacity to the Kenai City Council regarding the following matters: (I) Kenai Zoning Code and Official City of Kenai Zoning Map amendment. (2) City and airpon land lease or sale peti- tions. (3) Capital Improvement Programming. The Commission shall submit aatnualty to the Council a list of recommended capital improvement which, in the opinion of the Commission, are necessary and desir- able to be constructed during the forth- coming three-yeaz period. Such list shall be arranged. in order of preference, with recommendarions as to which project shall be constructed in which yeaz. (c) The Commission shad act in an advisory ca- pacity to the Kenai Peninsula Borough Plan- ning Commission regarding the following mat- lets: (1) Subdivision Plat proposals. (2) Right-of-way and easement vacation petitions. (3) City of Kenai Comprehensive Plan amendment. (KMC 14-3; Ords. 155,. 403, 1018, 1161, 1179, 1892-2000) 14.05.020 Fees. In order to defray the expenses connected with the consideration of applications for variances and conditional use permit, the person presenting the application shall pay to the City Clerk a fee in the amount of one hundred dollars ($100.00}, A fee in the amount of one hundred dollar ($100.00) shall accompany an application for amendment to the Kenai Zoning Code or Official Map. Whether an application is granted or denied by the Commission, tfre petitioner or applicant shall not be entitled to the remm of the fee paid. (KMC 14-11; Ords. 403, 954, 1161, 1179) 233 tsma~ ~-~-o>> Il.lo.olo Chapter 11.10 xaRBaR Sections: 11.10.010 Duties and powers. 11.10.010 Duties and powers. (a) The Commission shall be required to do the following: (1) Develop, adopt, alter, or revise, subject to approval by the City Council, a master plan for the physical development of hazbor or port 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 Harbor facilities may include, among other things: (i) development of the type, location, and sequence df all public hazbor facilities; (ii) the relocation, removal, extension, or change of use of existing hazbor facilities; (2) Submit annually to the City Manager and Council, not less than ninety (90} days prior to the beginningbf the budget year, a list of the recommended capital im- provements which, in the opinion of the Commission, aze necessary or desirable to be constructed during the forthcoming three (3) year period. Such list shall be arranged in order of preference, with rec- ommendations as to which projects shall be constructed in which yeaz. (3) Make investigations regazding any matter related to Ciry harbor facilities, tide or submerged lands. Make recommendations to the Council relative to the caze, con- trol, and development of tide and sub- merged lands. (4 j Act in the capacity as directed and autho- rized by a tidelands ordinance adopted b; the City. (5) Review all City leases of City-owned tide, submerged, and lands or navigable waters within the City, and as to the planned improvements proposed and make recommendations to the City Coun- cil. (6) Make and prepare reports and plans for approval by the City Council. (7) Coordinate public efforts, individual and group, to the effectuation of approved plans. (8) Shall act in advisory capacity in the se- lection of a Hazbor Director should such a position be created by the City Council. (Orris. 474, 1161, 1802-98) 165 (Kenai 5-21-997 ~.si.olo Chapter 15 i LIBRARY COMMISSION Sections: 157.010 Duties and powers. 157.020 Library regulations. 157.010 Duties and powers. The Commission shall be required to do the following: (a} Develop, adopt, alter, of revise subject to ap- proval by the City Council, a master plan for the physical development of library facilities for the City; (b) Submit annually to the City Manager and Council a list of recommended capital and other improvements in regards to the library; (c) Make recommendations regarding any matter related to library service; (d} Serve as the liaison between the public and the City Council in regards to library service; (e) Work closely with the Kenai Community Li- brary Boazd for the betterment of the Kenai Community Library; (f) Shall act in an advisory capacity in the selec- tion of the City Librarian. (Ords. 852, 1161, 1802-98) 157.020 Library regulations. The Library Regulations shall be as listed under the regulations section in the Kenai Code, Supple- ment #18, adopted on September 20, 1982, and all future updates. (Ords. 852, 1161, 1802-98) 21 (Kenai 5-27-99) 19.os.ole Chapter 19.05 PARKS AND RECREATION COMMISSION Sections: 19.05.010 Creation. 19.05.010 Duties and powers. 19.OS.Q30 Terms and appointments to vacancies. 19.05.040 Qualifications of Commission members. 19.05.050 Proceedings of Commission. 19.05.010 Creation. (Ord. 416, repealed 1161) (c) Make investigations regazding any matter relat- ed to City recreazion. (d) Make an~ prepare reports and plans for approv-' al by the City Council. (e) Shall act in advisory capacity in the selection of a Director of Pazks and Recreation. (Orris. 416, 1161) 19.05.030 Terms and appointments to vacancies. (Orris. 416, 430, repealed 1161) 19.05.040 Qualifications of Commission members. (Orris. 416, 619, repealed 1161) 19.05.010 Duties and powers. The Commission shall be required to do the following: (a) Develop, adopt, alter, or revise subject to ap- proval by the City Council, a master plan for the physical development of recreation facilities forthe City. Such masterplan with accompany- ingmaps, plats, charts, descriptive, and explan- atory 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 facili- ties. (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 rec- ommended capital improvements, which in the opinion of the Commission, are necessary or desirable to be constructed during the forth- coming three (3) year period. Such list shall be arranged in order of preference, with recom- mendations as to which projects shall be con- structed in which yeaz. 19.05.050 Proceedings of Commission. (Ord. 416, repealed 1161) 353 21._'x.010 Chapter 21.25 AIRPORT COMMISSION Sections: ZI.25.010 Duties and powers. 21.25.020 Qualifications. 21.25.030 Membership. 21.25.010 Duties and powers. The Commission shalL• (a) Develop, adopt, alter or revise, subject to ap- proval by the City Council, a master plan for the airport development. This may include: (1) Developmen[ of type, location and se- quence of all airport terminal facilities; (2) Development and use of all airporz aero- nautical lands. (b) Observe, oversee and guide in an advisory capacity, any matters relating to use of airport runways, airport terzninal, and airport aeronaud- cal lands. (c) Act in an advisory capacity to the Council and the Airport Manager. 21.25.020 Qualifications. Members of the Airport Commission will con- form to the requirements of the City of Kenai Boards, Commissions, and Committees Standard Procedures as established by KMC 1.90, except that members of the Airport Commission need not be residents of the City of Kenai. (Ord. 1531-93) 21.25.030 Membership. The Commission shall comprise of seven (7) members who shaft he chosen so as to represent broadly the following areas: (a) One member, fixed base operator (FBO) (h) One member, lessee of airport aeronautical lands or terminal facility. (c) One member, with expertise in Federal Avia- tion Administration functions. (d) One member, representing the Civil Air Patrol. (e) Three members, at-large, representing the busi- ness and professional community. (f) One non-voting member, representing ad he member of the Kenai City Council. (Ord. 1531-93) 381 BY-T.AWS ANi9 RTTT.F_C OF PROCFDTTRF FOR MAYOR'S COTTNCTT ON A TNC' KF.NAT~ AT.ASKA Article VI POWERS OF THE COUNCIL The powers of the Council are advisory only and are derived from the federal, state, and city local governments which provide the funds for operation and all powers and activities shall be exercised in accordance with law. All action taken by this Councii shall be submitted to the City Administrator and shall be subject to approval by the Kenai City Council. KENAI CYTY COUNCIL POLICY FOR COMMISSION, COMMITTEE, BOARD AND COUNCIL ON AGING MEETINGS AND WORK SESSIONS Commission. Committee Board Reauaoiatment• If, after a term (or consecutive term) of appointment has been completed, a commission, committee or board member would like to be reappointed for an additional term, an application must be submitted to council for consideration and. approval. Formation of Subcommittees of Commissions Committees or Boards• A subcommittee of a commission, committee or board may be formed for a specific function if upon review by administration, it is indicated the subcommittee would be a governmental body and a subcommittee of a public entity and if the formation is approved by Council. If a subcommittee is approved by Council, the meetings of the subcommittee must be open to the public; meeting notices shall be posted on the Official City Bulletin Board in Kenai City Hall and on the city website at least five (5) days prior to the meeting; and the meetings may be recorded with a portable tape recorder and the tapes (the official record) stored in the City Clerk's Office. Meetinc Schedules: Until further notice, the commission/committee meeting schedule is as follows: Commission/Committee/Board Meeting Schedule Scheduled Meetin Da s Planning & Zoning Commission Twice monthly January through December, Second & Fourth Wednesda s Libra Commission Monthl First Tuesday ~ Harbor Commission Monthly First Monday after first council meetin of the month. Council on A in Monthl First Thursda Beautification Committee. No meetings Jan., Feb., Nov. & Dec. Second Tuesday Parks & Recreation Commission Bi-Monthl First Thursday Ai ort Commission Monthl Second Thursda 1. Commission, committees and boazds, including Library, Hazbor, Pazks 8c Recreation and Airport Commissions and Beautification Committee, shall meet as listed above. 2. Council on Aging shall meet monthly at the Kenai Senior Center. 3. Planning & Zoning Commission and the Personnel Arbitration Boazd is exempted from this meeting directive. 4. Commissions, committees, boazds and the Council on Aging may, with the City Clerk's approval and notification of Council and City Manager, hold special meetings (for a specific purpose) on an as-needed basis. 5. Commission, committee and boazd meetings may be cancelled by the City Clerk, with notification of Council and City Manager, if cancellation is warranted, i.e. lack of agenda items, pre-knowledge of lack of quorum, etc. 6. All commission, committee and board meetings (except Council on Aging) will be held at Kenai City Hall and begin at 7:00 p.m. Exceptions for subcommittee meetings may be made with advance notice to and approval by the City Clerk. 7. Any additional commissions, committees, or boazds formed will be set and incorporated into the following meeting schedule by the City Council. Minutes/Meetin¢ Recordine: 8. Excepting the Planning & Zoning Commission and Personnel Arbitration Boazd, responsibility of taking notes and electronically recording the commission, committee, board meetings, falls to the department liaison (staff member) to the specific meeting group. 9. Summary minutes will be produced by the City Clerk from the department liaison notes and provided to the City Council as official records of the meetings, 10. Electronic recordings of the meeting group, except the Planning & Zoning Commission, shall be kept for two yeazs. 1 I. Planning & Zoning Commission meeting recordings shall continue to be kept for six years. Work Sessioas: 12. Commission, committees and boards shall receive the City Clerk's approval to hold work sessions to be held on a date other than that of a regulazly scheduled meeting or at a time immediately prior to a regularly scheduled meeting, i.e. a 6:00 p.m. work session before a 7:00 p.m. meeting. 13. 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. 14. During work sessions, only items on the work session agenda may be discussed and no formal actions may be taken. 15. All commission, committee and board meetings must be given appropriate public notice. This directive shall take effect on May 3, 2006 and remain in effect until modified by the Kenai City Council. Approved by the Kenai City Council on the third day of May, 0 PAT PORTER, MAYOR ATTE T: ~/f ~A~ Carol L. Freas, City Clerk clf Revised 5/3/06 CITY Of KENAI -- G~ ~1 -- ~ 290 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99699-7794 TELEPHONE 907-283-7535 __ FAX 907-283-3014 ~ ~o-zwon III~II ~r~z ML' 111®R~~ 6J 111 T0: Mayor John J. Williams and the City Council Members FROM:C]2~ Cary R. Graves, City Attorney DATE: March 13, 2003 12E: Open Meetings Act Council requested a memorandum outlining the practical effects of the Open Meetings Act (AS 44.62.310). Although it applies to various governmental entities, the memorandum will focus on its application to the City Council. 1. What is a meeting? The Open Meetings Act (OMA) requires "reasonable public notice" of all "meetings." The first issue that comes up is what constitutes a "meeting" under the Act. The Act has two definitions of a "meeting." One deals with governmental bodies that are only advisory. The other deals with decision-making bodies such as the Council. For the Council, a meeting is defined as "more than three members or a majority of the members, whichever is less, are present, a matter upon which the governmental body is empowered to act is considered by the members collectively, and the governmental body has the authority to establish policies or make decisions for a public entity." AS 44.62.310(h)(2)(A). It's safe to say that that definition is uncleaz, but it becomes clearer if you break it down. There are three parts to it. All three have to be met to qualify as a meeting. The first one sounds .easy-more than three, or a majority of the Council, aze both four. For the City, the triggering number is four. However, increasingly, courts are examining "e-mail meetings." See, for example, Secret E- Mail Meetings Violate State Sunshine Law, 2003 Lawyers Weekly USA 102 (February 2003). The Alaska Supreme Court has not ruled on this issue, although the issue has come up in Superior Court. The general rule is that a-mail exchanges can constitute a meeting if their purpose is to develop a consensus rather than merely exchanging information. E-mails between Council members are not by themselves illegal, but if they reach a level where their purpose is to reach a consensus ar understanding on an issue of city business, they can be an OMA violation. Mayor John J. Williams and City Council Members March 13, 2003 Page 2 of 3 One of the problems with the "e-mail meetings" issue is that the line between exchanging information and developing a consensus can be very thin. 2. Authority to Aet The next one is easy for us. The Council ("governmental body") has authority to make decisions or establish policy for the City. Some "governmental bodies," if they are purely advisory, don't have the authority to make decisions or establish policy; but the Council clearly does. For our purposes, that one has always been met for the Council. 3. Collective Consideration This is where it can get tough. The members present have to collectively consider a matter that the City Council is empowered to act upon. This one has two parts also: a) collective consideration, and b) authority to act. One of the keys is the meaning of "collectively consider." Let's say four Council Members all go to a Borough Assembly meeting to testify individually about a pending Borough action. Is that a "meeting"? LVhile four members were present at the Assembly meeting, they did not "collectively consider" the matter. However, if they go as a group and act as a group, it could be considered a "meeting." Another example is a holiday party. Let's say four Council Members are all at the same Christmas party. They individually are asked by people about the city budget and respond. It is not a meeting unless the members "collectively considered" the city budget at the party. "Collectively considered" is not defined in the Act. I think a common sense approach can be used. It really means to act (consider} as a group. It is similar to the idea of developing a consensus that I mentioned regazding "e-mail meetings." Thus, if at the holiday party the members all got together and discussed the budget, they would be acting as a group. In 1993, the members of the Alaska Permanent Fund Board asked for an Attorney General's Opinion whether their attendance at a reception or dinner would violate the Act. The opinion noted, "The OMA does not cover social gatherings so long as they remain social gatherings. However, if a board or groups of boazd members get together at a social gathering and discuss a matter of public business, this could be a violation of the act." 1993 WL 393353 (Alaska Attorney General's Opinion). The opinion then notes that, the OMA does not prohibit members of the public from discussing issues with individual members of the Boazd." Supra. In a community the size of Kenai, it is not unusual for a group of the Council to turn up at social gatherings, weddings, or funerals. Just having four members present is not in itself a violation of the OMA. The analysis goes back to whether four members aze collectively considering an issue of city business. Mayor John J. Williams and City Council Members March 13, 2003 Page 3 of 3 A classic example of a "meeting" is Brentwood Area Homeowners Ass 'n v. Municipality of Anchorage, 702 P.2d 1317 (Alaska 1985). In that case, a quorum of the Anchorage Assembly got together in a private unpublicized meeting with a developer to discuss an application for rezoning. The Assembly members met privately as a group to discuss a matter that the municipality had the power to act upon. The Court held the meeting was a violation of the OMA and threw out a subsequent rezone of the property. As noted above, the "meeting" must be about something the Council is empowered to act upon. What does that mean? If four members get together to discuss the possibility of war with Iraq- that's not a subject the Council has authority over. But if they get together to discuss a Council resolution about the war in Iraq, the Council does have the power to pass resolutions so that would be a "meeting." A guide I use is whether the issue discussed is "city business." Thus, a war with Iraq is not city business, but a resolution on a waz with Iraq is "city business." What this boils down to is a three part test: 1) four or more council members must get together (in person or electronically) 2) to collectively consider 3) city business. I hope I have answered some of you questions regarding the OMA. Please let me know if you have any further questions. CRG/sp CITY. OF KENAI 210 Fidalgo Avenue Kenai, Alaska 99611 Yee ux7~a~ 2`-"~(,~m~G a ~U~Uy2 ~ TELII'HONE 283-7535 MEMORANDUM FAX 907-283-3014 TO: City of Kenai Boards, Commissions & Committees FROM: Thomas J. Manninen, City Manager~~ DATE: July 26, 1993 v RE: Policy Regarding Boards, Commissions and Committees Needing Council Approval to Request Donations from Public and Businesses I. This policy is intended to cover all volunteer appointed boards, commissions and committees, appointed by the City of Kenai Mayor and City Council. II. The purpose of this policy is to maximize utilization of existing City funds and volunteer boards, commission and committee efforts, and to minimize the public perception of unfair requests, soliciting by the City of Kenai volunteer representatives for money and donations for their own projects, albeit for the public good. III. The procedure established is as follows: A. Once a need is determined for funding for a particular project, the board, commission or committee will first investigate the internal funding mechanisms available in the City budget, within their program or activity. B. If funding is available, the request or purchase order will be processed to utilize those funds first; if not available through the City's budgetary process, then they may request additional supplementary funding through the City Council by naming the specific project, task or activity that they are involved in. C. This request would be acted on at a regular City Council meeting with the public's input. If the Council votes to fund the request with supplementary funds, there would be no need to solicit the general public. The Council may decide not to fund the project, or to fund only a portion of the project, and request that the board, commission or committee, supplement the project with other fund raising activities, volunteer donations or solicitations. TJM/kh WORK\DONATION.POLI CY ~ BY CO~~ ~~~ Tf ~ ~rn IDa, AGENDA KENAI CITY COUNCIL -REGULAR MEETING FEBRUARY 7, 200? 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: //www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Scott Hattenburg & Lori Dilley, Hattenburg, Dilley & Linnell -- Presentation of Arsenic Groundwater Study. ~ 2. Casey Reynolds, Economic Development Planner, City of Wasilla -- ~~ Proposed Liquor License Legislation ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) ~,~~~ /.~. 1. Ordinance No. 2204-2007 -- Creating the PRISM Special Revenue Fund I and Increasing Estimated Revenues and Appropriations to Fund Operations for FY2007. 2. Ordinance No. 2205-2007 -- Amending KMC 7.15.050 to Add Subsection (g) Allowing Emergency Purchasing Without Competifive Bidding. 3. Ordinance No. 2206-2007 -- Amending KMC 13.30.010 to Reflect the Renumbering of the Traffic Violation of Negligent Driving in the Alaska Statutes. 4. Ordinance No. 2207-2007 -- Amending the Official Kenai Zoning Map by Rezoning Tract C, Gusty Subdivision No. 2 and Tract B, Shadura Subdivision, From General Commercial (CG) to Central Commercial (CC). 5. Ordinance No. 2208-2007 -- Amending KMC 14.20.250, Off-Street Parking and Loading Requirements. 6. Ordinance No. 2209-2007 -- Amending KMC 14.25 to Include Four or More Dwellings in the Landscaping/Site Plan Requirements of the Kenai Municipal Code. 7. Ordinance No. 2210-2007 -- Increasing Estimated Revenues and Appropriations by $88,450 in the Airport Fund to Fund PRISM Operations and Replenish the Contingency Accounts. ~~,~~~ 8. Ordinance No. 2211-2007 -- Authorizing the Sale of Approximately 38.224 Acres at Tract 1, Baron Park, 2005 Replat in the City of Kenai, Alaska, to Wal-Mart, Inc. and Setting Forth the Price and Other Terms and Conditions of Sale. ~~~~~ ~~ 9. Resolution No. 2007-O1 -- Awarding a Contract to Holiday Companies for Furnishing and Dispensing Unleaded and Diesel Fuel. 10. Resolution No. 2007-02 -- Awarding the bid to Big G Electric & Engineering, Inc. for Kenai Senior Center Light Replacement 2007 for the Total Amount of $36,965.31. 11. Resolution No. 2007-03 -- Transferring $25,000 in the General Fund -"~ for Shop Department Operating Supplies. 12. *Liquor License Renewals -- • Peninsula Oilers/Recreational Site -- License #846 • BPO Elks Lodge #2425/Club -- License #368 • 2 Go Mart/Package Store -- License #4544 • Three Bears/Package Store -- License #4118 ITEM F: MINUTES 1. *Regular Meeting of January 17, 2007. YTEM G: ITEM H: ~~/'B'Ji~eG~° 1. Bills to be Ratified ,~ ^~,~/ 2. Approval of Purchase Orders Exceeding $15,000 /~ 3. *Ordinance No. 2212-2007 -- Increasing Estimated Revenues and Appropriations by $1,000 in the General Fund for a Library Grant. 4. *Ordinance No. 2213-2007 -- Increasing Estimated Revenues and Appropriations by $2,000 in the General Fund to Purchase a Dip Net Pay Shack. 5. *Ordinance No. 2214-2007 -- Increasing Estimated Revenues and Appropriations by $39,000 in the General Fund Shop Department to Rebuild Loader. /f,~~~~z~y~ 6. Approval -- Consents to Subleases and Amendment to Lease/Lot 7, ~~/~ Etolin Subdivision, Second Addition to DEHR-JV Company. `i/~ 5GO-r%rw 7. Discussion -- Zoning Powers/Restricting Access to the Kenai River. ~~,~.! ~r~a/a7 .h~o . 8. Discussion -- Schedule Work Session/Kenai Municipal Airport w~~~~~~- /~O .~+~- ~ll~~-uCe.~l Supplemental Planning Assessment, Phase 2 Report. ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Comrx~ission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Cormnittees a. Beautification Corrunittee b. Alaska Municipal League Report c. Mini-Grant Steering Com.uiittee ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION -- None Scheduled ITEM M: ADJOURNMENT AGENDA KENAI CITY COUNCIL -REGULAR MEETING FEBRUARY 21,2007 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (") are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders: ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) Tim Robertson, NUKA Research -- Emergency Operations Plan Review 2. Rusty Belanger, Acting State Fire Mazshall -- PRISM ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) ~q~~ ~ 1. Ordinance No. 2212-2007 -- Increasing Estimated Revenues and Appropriations by $1,000 in the General F~xnd for a Library Grant. ,D 2. Ordinance No. 2213-2007 -- Increasing Estimated Revenues and ~~~~ ~- Appropriations by $2,000 in the General Fund to Purchase a Dip Net Pay Shack. ~ ~ ~ 3. Ordinance No. 2214-2007 -- Increasing Estimated Revenues and P Appropriations by $39,000 in the General Fund Shop Department to Rebuild Loader. ~~~ G(. 4. Resolution No. 2007-04 -- Transferring $20,000 In the Airport Fund to Repair Props at PRISM. 5. Resolution No. 2007-05 -- Approving the Lease Form for Leases of ~'/~~n Airport Land Outside of the Airport Reserve. ~~~'°`~~~ 6. Resolution No. 2007-06 -- Approving the Lease Form for Leases of ~~~~7 Airport Reserve Property. ~ ~ ~. 7. Resolution No. 2007-07 -- Accepting the Donation of a Foam Pumper ~~ From ConocoPhffiips Alaska, Inc. ~~~~~ 8. Resolution No. 2007-08 -- Approving an Agreement Between the State ' IYansportation & Public Facilities, Department of .Alaska, Department of of Corrections, and the City of Kenai, Alaska, to Facilitate Construction of a Water Main to the Wildwood Correctional Complex, Project No. 50783 and Authorizing the City Manager to Execute the Agreement on Behalf of the City of Kenai. ITEM F: ITEM G: ITEM H: ~~' ~ ~ ~ X00 l° ~~0 4. .~~j~r,~fd~~ 5. 7. UU ITEM I: MYNUTES *Regular Meeting of February 7, 2007. UNFINISHED BUSINESS NEW BUSINESS Bills to be Ratified Approval of Purchase Orders Exceeding $15,000 *Ordinance No. 2215-2007 -- Increasing Estimated Revenues and Appropriations by $1,212 in the General Fund for a Library Grant. Approval -- Mini-Grant Application Amendments. Approval -- Rental Agreement/Chevron North America Exploration and Production -- Alaska Regional Aircraft Fire Training Center. Discussion -- Vintage Pointe Senior Housing/Raise of Rental Rates Discussion -- Public Opinion Po11 Discussion -- Expansion of Kenai Municipal Cemetery COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Cormission 7. Miscellaneous Cormnissions and Cornnuttees a. Beautification Committee b. Alaska Municipal League Report ITEM J: REPORT OF THE MAYOR YTEM K: ADM%NISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: L Citizens (five minutes) 2. Council EXECUTIVE SESSION -None Scheduled YTEM M: