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HomeMy WebLinkAbout2024-05-02 Parks & Recreation PacketKENAI PARKS & RECREATION COMMISSION REGULAR MEETING MAY 2, 2024 - 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 *Telephonic/Virtual Information Below* http://www.kenai.city A.CALL TO ORDER 1.Pledge of Allegiance 2.Roll Call 3.Agenda Approval B.SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C.UNSCHEDULED PUBLIC COMMENT (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D.APPROVAL OF MINUTES 1.April 4, 2024 Regular Meeting ........................................................................... Pg. 3 E.UNFINISHED BUSINESS F.NEW BUSINESS 1.Discussion/Recommendation - Recommending Council Approve the Parks & Recreation Commission Annual Work Plan, Objective 1, Tour Parks & Trails Twice Annually............................................................................................................. Pg. 8 2.Discussion/Recommendation - Recommending Council Approve the Parks & Recreation Commission Annual Work Plan, Objective 2, Public Requests & Commission Recommendations. ..................................................................... Pg. 10 3.Discussion/Recommendation - Recommending Council Approve the Parks & Recreation Commission Annual Work Plan, Objective 3, Capital Improvement Plan (CIP) Work Session Twice Annual. .................................................................. Pg. 11 4.Discussion/Recommendation - Recommending Council Approve the Parks & Recreation Commission Annual Work Plan, Objective 4, Development of Long-Term Goals. .............................................................................................................. Pg. 12 5.Discussion/Recommendation - Recommendation to Council on Enactment of Ordinance No. 3416-2024 - An Ordinance Repealing, Reenacting and Renaming Kenai Municipal Code Chapter 1.90 - Standard Procedures For Boards, Commissions and Committees, Enacting Chapter 1.95 - Standing Advisory Commissions, Repealing Chapters 11.10 - Harbor Commission, Chapter 19.05 Parks And Recreation Commission, Chapter 21.20 Airport Commission, Enacting Section 14.05.050 - Planning and Zoning Commission - Qualifications and Membership, and Approving Amendments to the Council on Aging Commission’s By-Laws to Organize Streamline, and Improve the Efficiency of the City’s Standing Commissions. .. Pg. 13 G.REPORTS 1.Parks & Recreation Director 2.Commission Chair 3.City Council Liaison ......................................................................................... Pg. 57 1 H. ADDITIONAL PUBLIC COMMENT I. NEXT MEETING ATTENDANCE NOTIFICATION - June 6, 2024 J. COMMISSION QUESTIONS AND COMMENTS K. ADJOURNMENT L. INFORMATIONAL ITEMS Registration is required to join the meeting remotely through Zoom. Please use the link below to register: https://us02web.zoom.us/meeting/register/tZEsdO2pqzksG9zoxkh8OP7V-LHtBkKRIHip 2 KENAI PARKS & RECREATION COMMISSION – REGULAR MEETING APRIL 4, 2024 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 CHAIR GRANT WISNIEWSKI, PRESIDING Parks & Recreation Commission Meeting Page 1 of 5 April 4, 2024 ACTION MINUTES A. CALL TO ORDER A Regular Meeting of the Parks & Recreation Commission was held on April 4, 2024, in the Kenai City Council Chambers, Kenai, AK. Chair Wisniewski called the meeting to order at approximately 6:00 p.m. 1. Pledge of Allegiance Chair Wisniewski led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Grant Wisniewski, Chair Sovala Kisena, Vice Chair Kyle Graham Jennifer Joanis Michael Bernard Charlie Stephens Nigel LaRiccia A quorum was present. Also in attendance were: Tyler Best, Parks & Recreation Director Jenna Brown, Parks & Recreation Assistant Director Henry Knackstedt, Vice Mayor 3. Agenda Approval MOTION: Commissioner Joanis MOVED to approve the agenda as presented. Commissioner Stephens SECONDED the motion. VOTE: There being no objection; SO ORDERED. B. SCHEDULED PUBLIC COMMENTS - None. C. UNSCHEDULED PUBLIC COMMENTS - None. D. APPROVAL OF MINUTES 1. February 1, 2024 MOTION: Commissioner Joanis MOVED to approve the February 1, 2024 Parks & Recreation Commission minutes. Commissioner Stephens SECONDED the motion. VOTE: There being no objection; SO ORDERED. E. UNFINISHED BUSINESS - None. F. NEW BUSINESS 3 Parks & Recreation Commission Meeting Page 2 of 5 April 4, 2024 1. Discussion/Recommendation – Approving the Parks and Recreation Commission 2024 Annual Work Plan. MOTION: Commissioner Stephens MOVED to recommend City Council approval of Objective No. 1, “Tour Parks & Trails Twice Semi-Annually.” Commissioner Joanis SECONDED the motion. Director Best summarized Objective No. 1 as developed by the Commission and presented within the work session packet. MOTION TO AMEND : Commissioner Joanis MOVED to amend Objective No. 1 as follows: Title to read, “Tour Parks & Trails Twice [SEMI-]Annually.” Strategy, last sentence of the paragraph to read, “Transportation will be provided by the Department, [IF NEEDED] as available.” Vice Chair Kisena SECONDED the motion. [Clerk’s Note: The motion to amend was moved and seconded, no objections to the motion to amend were stated; however, there was no final vote on the motion to amend.] VOTE ON MAIN MOTION AS AMENDED: There being no objection; SO ORDERED. MOTION: Vice Chair Kisena MOVED to recommend City Council approval of Objective No. 2, “Public Requests & Commission Recommendations.” Commissioner Joanis SECONDED the motion. Director Best summarized Objective No. 2 as developed by the commission and presented within the work session packet; he noted that staff would not be in support of this objective. MOTION TO AMEND : Vice Chair Kisena MOVED to amend Objective No. 2 as follow: Strategy, delete the last sentence of the paragraph to read, “[KEY ELEMENTS SHOULD INCLUDE ESTABLISHING CHANNELS FOR FEEDBACK, PROMOTING AWARENESS, IMPLEMENTING A TRACKING SYSTEM, ESTABLISHING REVIEW CRITERIA, REGULAR REVIEWS AT COMMISSION MEETINGS, EVALUATION, ITERATION, AND IMPLEMENTATION, AND REGULAR UPDATES TO THE PUBLIC.]” Commissioner Joanis SECONDED the motion. [Clerk’s Note: The motion to amend was moved and seconded, no objections to the motion to amend were stated; however, there was no final vote on the motion to amend.] MOTION TO AMEND : Commissioner Joanis MOVED to amend Objective No. 2 as follows: Estimated Time to Complete to read, “[16] Ongoing” Vice Chair Kisena SECONDED the motion. [Clerk’s Note: The motion to amend was moved and seconded, no objections to the motion to amend were stated; however, there was no final vote on the motion to amend.] MOTION TO AMEND: Vice Chair Kisena MOVED to amend Objective No. 2 as follows: 4 Parks & Recreation Commission Meeting Page 3 of 5 April 4, 2024 Strategy to read: “In order to effectively meet 19.05.010, the Parks & Recreation Commission (Commission) will identify a commissioner who will work with collaborators to develop a systematic and transparent approach [TO]for reporting requests or suggestions by the public, or from the public through the commission, to collaborators. This commissioner will provide updates at each regularly scheduled Parks & Recreation Commission meeting.” Commissioner Joanis SECONDED the motion. [Clerk’s Note: The motion to amend was moved and seconded, no objections to the motion to amend were stated; however, there was no final vote on the motion to amend.] VOTE ON MAIN MOTION AS AMENDED: YEA: Wisniewski, Kisena, Bernard, Graham, Joanis NAY: LaRiccia, Stephens MOTION PASSED. MOTION: Commissioner Joanis MOVED to recommend City Council approval of Objective No. 3, “CIP Work Sessions Twice Semi-Annually.” Commissioner Kisena SECONDED the motion. Director Best summarized Objective No. 3 as developed by the Commission and provided within the work session packet. MOTION TO AMEND : Commissioner Stephens MOVED to amend Objective No. 3 as follows: Title to read, “CIP Work Sessions Twice [SEMI-]Annually” Vice Chair Kisena SECONDED the motion. [Clerk’s Note: The motion to amend was moved and seconded, no objections to the motion to amend were stated; however, there was no final vote on the motion to amend.] MOTION TO AMEND : Commissioner Joanis MOVED to amend Objective No. 3 as follows: Title to read, “Capital Improvement Plan (CIP) Work Session Twice Annually.” Estimated Time to Complete to read: 4 hours. Commissioner Stephens SECONDED the motion. [Clerk’s Note: The motion to amend was moved and seconded, no objections to the motion to amend were stated; however, there was no final vote on the motion to amend.] UNANIMOUS CONSENT was requested on the main motion as amended. VOTE ON MAIN MOTION AS AMENDED: There being no objection; SO ORDERED. [Clerk’s Note: There was no main motion to approve Objective No. 4.] Director Best summarized Objective No. 4 as developed by the Commission and provided within the work session packet. MOTION TO AMEND : Commissioner Stephens MOVED to amend Objective No. 4 as follows: Strategy to read, “Based on other objectives previously identified by the Parks & Recreation Commission (Commission), and in the support of 19.05.020(a), they will work in collaboration with 5 Parks & Recreation Commission Meeting Page 4 of 5 April 4, 2024 the Parks & Recreation Department (Department) to identify items that would support future master plans”. [Clerk’s Note: There was no second on the motion to amend, and no vote to approve the amendment; however, the proposed amendment was a technical change and did not require a motion to amend.] MOTION TO AMEND: Commissioner Graham MOVED to amend Objective No. 4 as follows: Title to read, “Development of Long-Term Goals [MASTER PLAN - PROJECT SUPPORT]” Strategy to read, “Based on other objectives previously identified by the Parks & Recreation Commission (Commission), and in the support of 19.05.020(a), they will work in collaboration with the Parks & Recreation Department (Department) to identify items that would support [FUTURE]a master plans.”” Commissioner Stephens SECONDED the motion. [Clerk’s Note: The motion to amend was moved and seconded; no objections to the motion to amend were stated; however, there was no final vote on the motion to amend.] VOTE ON MAIN MOTION AS AMENDED: YEA: Kisena, Stephens, Joanis, Graham, Bernard, LaRiccia NAY: Wisniewski MOTION PASSED. 2. Discussion/Recommendation - Parks and Recreation Commission Meeting Calendar No motion was made to revise the Parks & Recreation Commission meeting schedule. G. REPORTS 1. Parks & Recreation Director - Director Best reported on the following: • Reviewed the Director’s report as provided in the packet. • Researching recreation software to implement at the Kenai Recreation Center and beyond for extended access to residents 2. Commission Chair - Chair Wisniewski reported that he is in the early stages of working on a rope tow project. 3. City Council Liaison - Vice Mayor Knackstedt reported on recent actions of the City Council. H. ADDITIONAL PUBLIC COMMENTS - None. I. NEXT MEETING ATTENDANCE NOTIFICATION - May 2, 2024 J. COMMISSION QUESTIONS AND COMMENTS - None. K. ADJOURNMENT L. INFORMATIONAL ITEMS - None. There being no further business before the Parks & Recreation Commission, the meeting was adjourned at 7:42 p.m. I certify the above represents accurate minutes of the Parks & Recreation Commission meeting of April 4, 2024. 6 Parks & Recreation Commission Meeting Page 5 of 5 April 4, 2024 ___________________________________ Meghan Thibodeau Deputy City Clerk 7 MEMORANDUM TO: Chair Wisniewski and Commission Members FROM: Shellie Saner, City Clerk DATE: April 25, 2024 SUBJECT: Parks and Recreations - Work Plan Goals and Objectives 1-4 During the April 4, 2024 Parks and Recreation meeting, there were multiple motions to amend the individual Work Plan Goals and Objectives, each individual motion to amend was not voted on or unanimously approved; however, no objections to the amendments were stated. To ensure that the Work Plan Goals and Objectives forwarded to Council represent the wishes of the majority of your Commission, the Work Plans as amended during your last meeting are being brought back for final approval. As each one of the Work Plan Goals are brought back before the Commission, the Commission by majority vote may further amend the goals, approve or not approve the goals. 8 City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city 2024 – PARKS & RECREATION COMMISSION ANNUAL WORK PLAN INTRODUCTION This area should include a brief description of the overall purpose of the commission. Note: Work plans developed by the advisory body will be submitted to the City Council for approval; therefore, it is a good idea to align the goals and objectives with city code, policy and the City of Kenai Comprehensive Plan. Instructions: In the space provided below, create a list of issues and goals (objectives) your commission would like to address in the upcoming year, your list should also include plans on how to address those issues. Each objective listed should include information regarding additional staff resources and/or community volunteers needed; funding resources, are funds available in the budget if not are you proposing council include funding in the upcoming budget cycle; and how long is it expected to obtain the objective. Pease prioritize the objectives of your group with number one (1) being the top priority. Objective No. 01 Objective: Tour Parks & Trails Twice Annually Estimated Time to Complete: 16 Hours Strategy: (Provide a summary of tasks which need to be done to obtain the objective.) The Parks & Recreation Commission (Commission) will work with the Parks & Recreation Department (Department) to tour the City's parks, trails, and recreation facilities twice a year (spring and fall). Tours will include highlighting the Department's accomplishments and goals as well as facilitate the opportunity for the Commission to provide recommendations on capital improvements and master plans. Transportation will be provided by the Department, as available. Narrative: (Describe the benefits to the residents and visitors of the City.) This objective will allow the Commission to effectively support 19.05.010 and 19.05.020 and adequately advise the Council and administration on issues involving the City’s parks and recreational facilities. Collaboration: (Who needs to be involved to obtain the objective?) Parks & Recreation Department Funding: (Are funds available, or is funding needed in a future budget?) N/A 2024 Annual Work Plan City of Kenai Parks & Recreation Commission GOAL OR OBJECTIVE COLLABORATION FUNDING RESOURCES TIME TO COMPLETE 9 2024 Annual Work Plan City of Kenai Parks & Recreation Commission 2024 – PARKS & RECREATION COMMISSION ANNUAL WORK PLAN INTRODUCTION This area should include a brief description of the overall purpose of the commission. Note: Work plans developed by the advisory body will be submitted to the City Council for approval; therefore, it is a good idea to align the goals and objectives with city code, policy and the City of Kenai Comprehensive Plan. Instructions: In the space provided below, create a list of issues and goals (objectives) your commission would like to address in the upcoming year, your list should also include plans on how to address those issues. Each objective listed should include information regarding additional staff resources and/or community volunteers needed; funding resources, are funds available in the budget if not are you proposing council include funding in the upcoming budget cycle; and how long is it expected to obtain the objective. Pease prioritize the objectives of your group with number one (1) being the top priority. Objective No. 02 Objective: Public Requests & Commission Recommendations Estimated Time to Complete: Ongoing Strategy: (Provide a summary of tasks which need to be done to obtain the objective.) In order to effectively meet 19.05.010, the Parks & Recreation Commission (Commission) will identify a commissioner who will work with collaborators to develop a systematic and transparent approach for reporting requests or suggestions by the public or from the public through the Commission to collaborators. This commissioner will provide updates at each regularly scheduled Parks & Recreation Commission meeting. Narrative: (Describe the benefits to the residents and visitors of the City.) While this does not need to be elaborate in nature, and could be as simple as a running log tracked and shared by the Department, it should effectively provide a clear, consistent, and accessible methodology for the public and/or Commission to communicate requests through the Department, Council, and administration. Collaboration: (Who needs to be involved to obtain the objective?) Parks & Recreation Department, City Council, and Administration Funding: (Are funds available, or is funding needed in a future budget?) TBD GOAL OR OBJECTIVE COLLABORATION FUNDING RESOURCES TIME TO COMPLETE 10 2024 Annual Work Plan City of Kenai Parks & Recreation Commission 2024 – PARKS & RECREATION COMMISSION ANNUAL WORK PLAN INTRODUCTION This area should include a brief description of the overall purpose of the commission. Note: Work plans developed by the advisory body will be submitted to the City Council for approval; therefore, it is a good idea to align the goals and objectives with city code, policy and the City of Kenai Comprehensive Plan. Instructions: In the space provided below, create a list of issues and goals (objectives) your commission would like to address in the upcoming year, your list should also include plans on how to address those issues. Each objective listed should include information regarding additional staff resources and/or community volunteers needed; funding resources, are funds available in the budget if not are you proposing council include funding in the upcoming budget cycle; and how long is it expected to obtain the objective. Pease prioritize the objectives of your group with number one (1) being the top priority. Objective No. 03 Objective: Capital Improvement Plan (CIP) Work Session Twice Annually Estimated Time to Complete: 4 Hours Strategy: (Provide a summary of tasks which need to be done to obtain the objective.) The Parks & Recreation Commission (Commission) will work with the Parks & Recreation Department (Department) to hold CIP Work Sessions twice a year (spring and fall) after the parks, trails, and recreation facilities tours. CIP Work Sessions will include a review of the status, progress, and accomplishments on existing capital improvements as well as facilitate the opportunity for the Commission to provide additional recommendations on new or existing capital improvements. Narrative: (Describe the benefits to the residents and visitors of the City.) This objective will allow the Commission to effectively support 19.05.010 and 19.05.020 and adequately advise the Council and administration on issues involving the City’s parks and recreational facilities. Collaboration: (Who needs to be involved to obtain the objective?) Parks & Recreation Department Funding: (Are funds available, or is funding needed in a future budget?) N/A GOAL OR OBJECTIVE COLLABORATION FUNDING RESOURCES TIME TO COMPLETE 11 2024 Annual Work Plan City of Kenai Parks & Recreation Commission 2024 – PARKS & RECREATION COMMISSION ANNUAL WORK PLAN INTRODUCTION This area should include a brief description of the overall purpose of the commission. Note: Work plans developed by the advisory body will be submitted to the City Council for approval; therefore, it is a good idea to align the goals and objectives with city code, policy and the City of Kenai Comprehensive Plan. Instructions: In the space provided below, create a list of issues and goals (objectives) your commission would like to address in the upcoming year, your list should also include plans on how to address those issues. Each objective listed should include information regarding additional staff resources and/or community volunteers needed; funding resources, are funds available in the budget if not are you proposing council include funding in the upcoming budget cycle; and how long is it expected to obtain the objective. Pease prioritize the objectives of your group with number one (1) being the top priority. Objective No. 04 Objective: Development of Long-Term Goals Estimated Time to Complete: TBD Strategy: (Provide a summary of tasks which need to be done to obtain the objective.) Based on other objectives previously identified by the Parks & Recreation Commission (Commission), and in the support of 19.05.020(a), they will work in collaboration with the Parks & Recreation Department (Department) to identify items that would support future master plans. Narrative: (Describe the benefits to the residents and visitors of the City.) The Commission serves as an effective intermediary between the public, the Department, Council, and Administration by conveying public feedback in a structured and organized manner. Through this objective, the Commission will more effectively represent and communicate the diverse perspectives of the community, provide expertise and specialization, capitalize on regular communication channels with the Department, serve as an accountable and transparent bridge between the public and Council, and leverage the Commission's capacity to build stronger community engagement. Collaboration: (Who needs to be involved to obtain the objective?) Parks & Recreation Department Funding: (Are funds available, or is funding needed in a future budget?) N/A GOAL OR OBJECTIVE COLLABORATION FUNDING RESOURCES TIME TO COMPLETE 12 MEMORANDUM TO: Chair Wisniewski and Commission Members FROM: Shellie Saner, City Clerk DATE: April 24, 2024 SUBJECT: Discussion/Recommendation - Recommendation to Council on Enactment of Ordinance No. 3416-2024. On January 4, 2024 City Manager Eubank, City Attorney Bloom and I met with your Commission in a work session to discuss possible code changes to KMC 19.05 - Parks and Recreation Commission and KMC Chapter 1.90 - Standard Procedures for Boards, Commissions and Committees. The code changes discussed with your Commission at that meeting were drafted and brought back for the Commissions consideration and recommendation during the February 1, 2024 meeting. The Commission unanimously recommended Council enact the proposed amendments to both KMC 19.05 and KMC 1.90. This item is being brought back for recommendation because there have been substantial structural and organization changes since the Commission’s original recommendations. These changes were made based on similar meetings held with all advisory bodies of the City and the recommendations received from the various bodies indicated the need for more substantial structural and organization amendments to code. Portions of the proposed Ordinance effecting the Parks and Recreation Commission include a complete repeal, reenactment and renaming of Chapter 1.90 - Standard Procedures for Boards, Commissions and Committees to new Chapter 1.90 - General Standards for Standing Advisory Commissions; enactment of a new Chapter 1.95 - Standing Advisory Commissions; repeal of Chapter 19.05 - Parks and Recreation Commission; and enactment of a new section within the new Chapter 1.95, Section 1.95.050 - Parks and Recreation Commission. During your February 1, 2024 meeting the Commission recommended amendments to 1.90.010 - Creation and to 1.90.020 - Duties, shown in Attachment C. The following outlines those recommendations and how they were included in the proposed ordinance: Amendments as recommended by the Commission to Chapter 1.90 - Standard Procedures for Boards, Commissions and Committees: • 1.90.010 - Creation: The recommendation was to amend the first sentence by adding the underlined words and deleting the [BRACKETED WORDS], as follows: “All boards, commissions and committees created by the Council of the City of Kenai, [SHALL] unless otherwise specified, will 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” This recommendation was included in a modified version within the new 1.90.020 - Members, Appointments and Qualifications as paragraphs (a) and (b). 13 City of Kenai I 210 ~idalgo Ave, Kenai, AK 99611-7794 I 907.283.7535 I www.kenai.city Page 2 of 2 • 1.90.020 - Duties: The recommendation was to amend the second sentence by adding the words shown in underlined, as follows: “They shall act in an advisory capacity to City Council and administration unless otherwise specified in the City Code.” This was included in a modified form within new 1.95.050 - Parks and Recreation Commission in various forms by changing terms throughout from “advise the Council” to “advise the Council and Administration”. Amendments as recommended by the Commission to Chapter 19.05 - Parks and Recreation Commission: The Commission recommended amendments to 19.05 - Parks and Recreation Commission, the new Ordinance proposes to repeal Chapter 19.05 completely; however, those recommendations have been included in the proposed new 1.95.050 - Parks and Recreation Commission. The following identifies additional changes since the Commission’s recommendations: • Paragraphs (b) and (c) switched places. These paragraphs are included within the new 1.95.050 as paragraphs (b)(2)(3). The order of the paragraphs was changed to create a similar structure/outline for code on all Advisory Commissions. • Paragraph (d) is included within the new 1.95.050 as paragraph (5), and was changed to include “and Administration” at the end of the sentence. This was done based on the Commission’s recommendation to 1.90.020 and to align with similar language in code for other Advisory Commissions. • Paragraph (c) is a completely new. This new paragraph incorporates and modifies qualification requirements that are in 1.90.030 - Qualifications, which is proposed for repeal in the ordinance. The make up of all Advisory Commissions may not always have the same qualification requirements, for example the requirements for Airport Commission and Council on Aging are very different from the other Advisory Commissions. This move was done to allow qualification requirements to be applied based on the individual Advisory Commission and their role within the City. Attachments: A - City Council Ordinance No. 3416-2024 and Memo. B - Draft Copy of Ordinance No. 3416-2024 with Comments. C - February 1, 2024 Parks and Recreation Packet Item and Approved Minutes. 14JC The City of Kenai I www.kenai .city Sponsored by: City Clerk New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3416-2024 AN ORDINANCE REPEALING, REENACTING AND RENAMING KENAI MUNICIPAL CODE CHAPTER 1.90 - STANDARD PROCEDURES FOR BOARDS, COMMISSIONS AND COMMITTEES, ENACTING CHAPTER 1.95 - STANDING ADVISORY COMMISSIONS, REPEALING CHAPTERS 11.10 - HARBOR COMMISSION, CHAPTER 19.05 PARKS AND RECREATION COMMISSION, CHAPTER 21.20 AIRPORT COMMISSION, ENACTING SECTION 14.05.050 - PLANNING AND ZONING COMMISSION -QUALIFICATIONS AND MEMBERSHIP, AND APPROVING AMENDMENTS TO THE COUNCIL ON AGING COMMISSION’S BY-LAWS TO ORGANIZE STREAMLINE, AND IMPROVE THE EFFICIENCY OF THE CITY’S STANDING COMMISSIONS. WHEREAS, the City’s Standing Advisory Commissions are intended to advise the Council and Administration on specific issues based on their experience, expertise and information presented before the commissions; and, WHEREAS, each Advisory Commission has a unique purpose adding value to the decision-making process carried out by the Council and Administration; and, WHEREAS, establishing general standards applicable to all standing Advisory Commissions ensures consistency and efficiency in process; and, WHEREAS, establishing a clear scope of work for each Advisory Commission provides direction to the commissions and ensures effective use of the volunteer commission members time; and, WHEREAS, while current information on various commissions is spread throughout the Code, organizing the code to address the advisory commissions primarily in one place, improves public interface and transparency; and, WHEREAS, a new code section is needed for the Planning and Zoning Commission to carry forward applicable code provisions to the Planning and Zoning Commission, which is unique from other City commissions by virtue of the Commission’s non-advisory duties; and, WHEREAS, the City Manager, City Attorney and City Clerk met with each advisory commission and committee in early 2024 to review and discuss current code provisions applicable to each body; and, WHEREAS, recommended amendments from each commission or committee were drafted, presented and approved by each body; and, WHEREAS, after further consideration of those recommendations, the Administration in an effort to streamline and improve efficiencies for Standing Commissions, reevaluated the process and recommend a complete rewrite and renaming of Chapter 1.90; and, WHEREAS, the Airport Commission at their __________, 2024 regular meeting recommended that the City Council __________ this Ordinance; and, WHEREAS, the Beautification Committee at their__________, 2024 regular meeting recommended that the City Council __________ this Ordinance; and, Attachment A 15 ~ K(;NAI Ordinance No. 3416-2024 Page 2 of 13 New Text Underlined; [DELETED TEXT BRACKETED] WHEREAS, the Council on Aging at their __________, 2024 regular meeting recommended that the City Council __________ this Ordinance; and, WHEREAS, the Council on Aging at their February 8, 2024 regular meeting recommended that the City Council approve amendments to the By-Laws of the Council on Aging as attached; and, WHEREAS, the Harbor Commission at their __________, 2024 regular meeting recommended that the City Council __________this Ordinance; and, WHEREAS, the Parks and Recreation Commission at their __________, 2024 regular meeting recommended that the City Council __________this Ordinance; and, WHEREAS, the Planning and Zoning Commission at their __________, 2024 regular meeting recommended that the City Council __________ this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Repeal, Reenact and Rename Chapter 1.90 of Kenai Municipal Code: That Kenai Municipal Code, Chapter 1.90 Standards for Boards, Commissions and Committees is hereby repealed, reenacted and renamed as Chapter 1.90 General Standards for Standing Advisory Commissions, as follows: [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 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 APPLICATIONS SUBMITTED TO THE CITY CLERK. A CHAIR AND VICE-CHAIR SHALL BE SELECTED ANNUALLY AND SHALL BE ELECTED FROM AND BY THE APPOINTED MEMBERS. AT THE ORGANIZATIONAL MEETING OF COUNCIL, OR AS SOON THEREAFTER AS PRACTICABLE, THE MAYOR, AFTER CONSULTATION WITH COUNCIL, SHALL NOMINATE COUNCIL MEMBERS AS A COUNCIL LIAISON TO ANY BOARD, COMMISSION OR COMMITTEE. AFTER CONFIRMATION BY COUNCIL, THE COUNCIL LIAISON MAY ATTEND ALL MEETINGS OF THE BOARD, COMMISSION OR COMMITTEE. A COUNCIL LIAISON IS NOT A MEMBER OF, AND SHALL HAVE NO VOTING POWER OR ANY OTHER RIGHTS OF MEMBERSHIP ON, THE BOARD, COMMISSION OR COMMITTEE. THE MAYOR AND OTHER COUNCIL MEMBERS MAY ATTEND MEETINGS OF BOARDS, COMMISSIONS OR COMMITTEES WHEN SERVING AS AN ALTERNATE FOR THE COUNCIL LIAISON, OR IN THEIR CAPACITY AS ELECTED OFFICIALS. CITY ADMINISTRATIVE STAFF SHALL ATTEND AND SUPPLY STAFF SUPPORT TO ALL MEETINGS OF BOARDS, COMMISSIONS AND COMMITTEES. 1.90.020 DUTIES. (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 CITY COUNCIL UNLESS OTHERWISE SPECIFIED IN THE CITY CODE. 16 Ordinance No. 3416-2024 Page 3 of 13 New Text Underlined; [DELETED TEXT BRACKETED] (B) IF THE BOARD, COMMISSION OR COMMITTEE HAS INCOME STATED WITHIN THE CITY OF KENAI ANNUAL BUDGET, SAID BOARD, COMMISSION OR COMMITTEE SHALL WORK WITH THE CITY MANAGER TO ESTABLISH EXPENSES PROJECTED FOR THE YEAR FOR APPROVAL BY THE CITY COUNCIL. 1.90.030 QUALIFICATIONS. (A) A MEMBER OF A BOARD, COMMISSION OR COMMITTEE MUST BE A RESIDENT OF THE CITY OF KENAI, UNLESS THE BOARD, 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 OR HER RESIDENCE FROM THE CORPORATE LIMITS OF THE CITY OF KENAI (IF APPLICABLE), IS AN OFFICER OR EMPLOYEE OF THE CITY OF KENAI, OR SHALL BE ELECTED OR APPOINTED AS AN OFFICER OR EMPLOYEE OF THE CITY OF KENAI, THE SERVICE OF SUCH MEMBER SHALL TERMINATE IMMEDIATELY. HE OR SHE SHOULD BE AWARE THAT HE OR SHE 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 (2) NON-RESIDENT MEMBERS EACH. (C) THE PLANNING AND ZONING COMMISSION MAY HAVE UP TO ONE MEMBER THAT IS NOT A RESIDENT OF THE CITY IF THEY HAVE A CONTROLLING OWNERSHIP INTEREST IN A BUSINESS PHYSICALLY LOCATED IN THE CITY. THIS PROVISION SPECIFICALLY DOES NOT CREATE A DESIGNATED SEAT FOR A NON- RESIDENT. 1.90.040 TERMS. (A) A MEMBER OF A BOARD, COMMISSION OR COMMITTEE SHALL SERVE FOR A TERM OF THREE (3) YEARS, UNLESS THE BOARD, 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 BOARD, COMMISSION OR COMMITTEE MEMBER SHALL BE STAGGERED SO THAT THREE (3) MEMBERS WILL BE APPOINTED FOR ONE (1) YEAR; TWO (2) MEMBERS WILL BE APPOINTED FOR TWO (2) YEARS; AND TWO (2) MEMBERS WILL BE APPOINTED FOR THREE (3) YEARS. TERMS SHALL COMMENCE ON JANUARY 1ST OF EACH YEAR. 1.90.050 PROCEEDINGS. (A) ALL BOARDS, COMMISSIONS AND COMMITTEES WILL HAVE REGULARLY 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 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 PERSON. ALL ACTS OF 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 OR HER COMMITTEE, COMMISSION OR BOARD, REGULAR AND SPECIAL, HELD WITHIN ANY PERIOD OF THREE (3) CONSECUTIVE CALENDAR MONTHS, HE OR SHE SHALL THEREUPON CEASE TO HOLD THE SEAT. A COMMISSION, COMMITTEE OR BOARD MEMBER MAY NOT HAVE MORE THAN THREE (3) EXCUSED ABSENCES DURING A TW ELVE (12) MONTH CALENDAR YEAR. (C) IN ALL MATTERS OF PARLIAMENTARY PROCEDURE, THE MOST CURRENT EDITION OF ROBERT’S RULES OF ORDER NEWLY REVISED SHALL BE APPLICABLE AND GOVERN ALL MEETINGS, UNLESS AS SPECIFIED IN KMC 1.15.060, MOTIONS; KMC 1.15.100, SPEAKING; AND KMC 1.15.110, VOTING. 17 Ordinance No. 3416-2024 Page 4 of 13 New Text Underlined; [DELETED TEXT BRACKETED] (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 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.] Chapter 1.90 General Standards for Standing Advisory Commissions. Sections: 1.90.010 Creation. 1.90.020 Members, Appointments and Qualifications. 1.90.030 Terms. 1.90.040 Attendance. 1.90.050 Proceedings. 1.90.060 Liaisons. 1.90.070 Specific Requirements of Standing Advisory Commissions. 1.90.010 Creation. (a) Standing Advisory Commissions of the City may be created or dissolved by an ordinance of the City Council. The following Standing Advisory Commissions have been created by the Council: (1) Airport Commission, as established in KMC 1.95.010; (2) Beautification Commission, as established in KMC 1.95.020; (3) Council on Aging Commission, as established in KMC 1.95.030; (4) Harbor Commission, as established in KMC 1.95.040; (5) Parks and Recreation Commission, as established in KMC 1.95.050; (b) Standing Advisory Commissions are created to advise the Council and Administration as requested and codified. Decisions of Standing Advisory Commissions may be considered by the Council and Administration, but standing advisory commissions may not direct Council or Administration. (c) This Chapter does not apply to the Planning and Zoning Commission which is not solely advisory to the Council and Administration. 1.90.020 Members, Appointments and Qualifications. (a) Unless otherwise specified standing advisory commissions will consist of seven members. (b) Commission members will be nominated by the Mayor and confirmed by the Council from applications submitted to the Clerk. (c) Members must be residents of the City unless otherwise specified and may not be an officer or employee of the City. If any member who is required to reside in the City, moves their residence outside of City limits, or if any member is elected or appointed as an officer or employee of the City, the term of such member will terminate immediately. 18 Ordinance No. 3416-2024 Page 5 of 13 New Text Underlined; [DELETED TEXT BRACKETED] (d) Members will serve without salary, but may be reimbursed for reasonable expenses incurred in connection with the service, only after approval by the Council. (e) After completion of a full or partial term, the Mayor with confirmation of the Council may reappoint the member or recommend a replacement. 1.90.030 Terms. (a) Terms of appointment will be for three-years beginning January 1st and ending December 31st, unless the commission is exempted by the Council from this requirement. (b) When an appointment is to fill a vacancy created prior to the end of a term, the appointment will be for the remainder of that term. (c) When appointments are first made to a newly established commission, the first appointments will be to staggered terms, so that three members will be appointed for one year; two members will be appointed for two years; and two members will be appointed for three years. 1.90.040 Attendance. If a member is absent, without the body excusing the absence for good cause from more than one-half of all the regular or special meetings held within any period of three consecutive calendar months, the member will thereupon cease to hold the seat. A commission member may not have more than three excused absences during a twelve-month calendar year. 1.90.050 Proceedings. (a) Standing Advisory Commissions will have regularly scheduled meetings which will be open to the public. Annual meeting schedules, meeting cancellations or holding special meetings will conform to policy set by the City Council. (b) A chair and vice-chair will be elected annually from and by the appointed members. (c) The most current edition of Robert’s Rules of Order Newly Revised will govern all meetings, unless otherwise specified in KMC 1.15.060 motions; KMC 1.15.100 speaking; and KMC 1.15.110 voting. (d) Permanent record or minutes will be kept for regular and special meetings, and such minutes will record the vote of each member upon every question. (e) Every decision or finding will be filed in the office of the Clerk and will be a public record open to inspection by any person. (f) The Clerk is responsible for ensuring that all members of commissions are provided a copy of this chapter. 1.90.060 Liaison. (a) Council Liaison. At the organizational meeting of Council, or as soon thereafter as practicable, the Mayor, after consultation with Council, will nominate Council Members as a council liaison to Standing Advisory Commissions. The following applies to Council Liaisons: (1) After confirmation by Council, the Council Liaison may attend all meetings of the commission. (2) The Council Liaison is a non-voting member and may not participate in the debate of the commission. (3) Any Council Member may attend meetings or work sessions when serving as an alternate for the Council Liaison, or in their capacity as elected officials. 19 Ordinance No. 3416-2024 Page 6 of 13 New Text Underlined; [DELETED TEXT BRACKETED] (4) Other Council Members may attend a meeting or work session of a commission; however, no more than three Council Members may attend any one meeting without additional public notice. (b) Staff Liaison. City administrative staff will attend and supply staff support to all meetings of the commissions of the City. 1.90.070 Specific Requirements of Standing Advisory Commissions. Requirements of this chapter are general requirements and will be followed to the extent that they do not conflict with specific requirements found in code sections specifically pertaining to individual standing commissions. Section 2. Enactment of Chapter 1.95 of Kenai Municipal Code: That Kenai Municipal Code, Section 1.95 Boards, Commissions and Committees is hereby enacted as follows: Chapter 1.95 Standing Advisory Commissions. Sections: 1.95.010 Airport Commission. 1.95.020 Beautification Committee. 1.95.030 Council on Aging Commission. 1.95.040 Harbor Commission. 1.95.050 Parks and Recreation Commission. 1.95.010 Airport Commission. (a) Purpose. The purpose of the Airport Commission is to advise the Council and Administration on issues involving the Airport and lands held for the benefit of the Airport. (b) Duties and Powers. The Airport Commission will: (1) Review and provide recommendations on the master plan for the airport development. This may include: (i) Development of type, location and sequence of all airport terminal facilities; and, (ii) Development and use of all airport lands. (2) Act in an advisory capacity to the Council and the Administration on matters affecting the airport. (3) Make recommendations to the City Manager on the airport budget. (4) Submit annually to the City Manager and Council, not less than ninety 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 forthcoming five-year period. Such list will be arranged in order of preference, with recommendations as to which projects are recommended for construction in which year. (5) Provide information and recommendations as requested by the City Council and Administration. (c) Qualifications. Members of the Airport Commission will conform to the requirements as established by KMC 1.90, except that members of the Airport Commission need not be a resident of the City of Kenai. (d) Membership. The Commission will be comprised of seven members who will be chosen so as to represent broadly the following areas: 20 Ordinance No. 3416-2024 Page 7 of 13 New Text Underlined; [DELETED TEXT BRACKETED] (1) One member, fixed base operator (FBO); and, (2) One member, lessee of airport aeronautical lands or terminal facility; and, (3) One member, with expertise in Federal Aviation administration functions; and, (4) One member, representing the Civil Air Patrol; and, (5) Three members, at-large, representing the business and professional community. 1.95.020 Beautification Commission. (a) Purpose. The purpose of the Beautification Commission is to advise the Council and Administration on enhancing the appearance of the City. (b) Duties and Powers. The Beautification Commission will: (1) Advise Administration on seasonal displays and decorations promoted by the City; and, (2) Advise Administration on selection of annual plantings of flora to be displayed in the City; and, (3) Advise Council and Administration on City beautification issues and/or projects as requested by the Council or Administration; and, (4) Submit annually to the City Manager and Council, not less than ninety days prior to the beginning of the budget year, a list of the recommended capital improvements which, in the opinion of the Commission, are necessary or desirable to be constructed during the forthcoming five-year period. Such list will be arranged in order of preference, with recommendations as to which projects are recommended for construction in which year. (c) Qualifications and Membership. Members of the Beautification Commission will conform to the requirements of KMC 1.90, except the commission may at the discretion of the Council have up to two non-resident members. 1.95.030 Council on Aging Commission. (a) Purpose. The purpose of the Council on Aging Commission is to advise the Council and Administration on issues involving the Kenai Senior Center and senior citizen programs supported by the City. (b) Duties and Powers. The Council on Aging Commission will: (1) Review and provide recommendations on any master plans for senior citizen services provided by the City. This may include: (i) City owned facilities providing senior citizen services; and, (ii) Development and use of the Senior Center or other facilities owned or managed by the City for the provision of services for senior citizens, excluding Vintage Pointe- Independent Senior Housing. (2) Act in an advisory capacity to the Council and the Administration on matters affecting the Senior Center and senior citizen services provided by the City; and, (3) Make recommendations to the City Manager on the budget for the City’s Senior Center; and, (4) Submit annually to the City Manager and Council, not less than ninety 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 forthcoming five-year period. Such list will be arranged in order of preference, with recommendations as to which projects are recommended for construction in which year; and, 21 Ordinance No. 3416-2024 Page 8 of 13 New Text Underlined; [DELETED TEXT BRACKETED] (5) Provide information and recommendations as requested by the City Council and Administration. (c) Qualifications and Membership. Members of the Council on Aging Commission will conform to the requirements as established by KMC 1.90, except that members need only to reside on the Kenai Peninsula and 51% of whom must be 55 years or older. The Commission shall be comprised of not more than nine members who will be chosen based on their interest in challenges and opportunities for local senior citizens. (d) Bylaws. The Council on Aging Commission may have its own bylaws approved by the City Council that provide guidance and direction for the Council on Aging Commission to the extent that they do not conflict with the City’s Code of Ordinances. If a conflict should arise between the bylaws and City’s Code of Ordinances, City Code will control. 1.95.040 Harbor Commission. (a) Purpose. The purpose of the Harbor Commission is to advise the Council and Administration on issues involving City harbor facilities and tidal or submerged lands owned by the City. (b) Duties and Powers. The Harbor Commission will: (1) Review and provide recommendations on any master plans for the development of harbor or port facilities for the City. This may include: (i) Development of the type, location, and sequence of all public harbor facilities; and, (ii) The relocation, removal, extension, or change of use of existing harbor facilities. (2) Act in an advisory capacity to the Council and Administration regarding matters related to City harbor facilities, tide or submerged lands. Make recommendations to the Council and Administration relative to the care, control, and development of tide and submerged lands; and, (3) Submit annually to the City Manager and Council, not less than ninety days prior to the beginning of the budget year, a list of the recommended capital improvements which, in the opinion of the Commission, are necessary or desirable to be constructed during the forthcoming five-year period. Such list will be arranged in order of preference, with recommendations as to which projects are recommended for constructed in which year; and, (4) Review all City leases of City-owned tide and submerged lands and make recommendations to the City Council and Administration; and, (5) Provide information and recommendations as requested by the City Council and Administration; and, (6) Advise and provide recommendations to the Administration as requested on the qualifications for a Harbor Master. (c) Qualifications and Membership. Members of the Harbor Commission will conform to the requirements of KMC 1.90, except the commission may at the discretion of the Council have up to two non-resident members. 1.95.050 Parks and Recreation Commission. (a) Purpose. The purpose of the Parks and Recreation Commission is to advise the Council and Administration on issues involving the City’s parks and recreational facilities. (b) Duties and Powers. The Parks and Recreation Commission will: (1) Review and provide recommendations on any master plans for the physical development of recreation facilities for the City. Such master plans with accompanying maps, plats, charts, 22 Ordinance No. 3416-2024 Page 9 of 13 New Text Underlined; [DELETED TEXT BRACKETED] descriptive, and explanatory matter, may show the Commission’s recommendations for the development of the City’s recreation facilities including: (i) Development of the type, location, and sequence of all public recreation facilities; and, (ii) The relocation, removal, extension, or change of use of existing recreation facilities. (2) Advise the Council and Administration on concerns and recommendations regarding parks and recreational facilities within the City including recommendations for consideration by the Administration in the development of the Parks and Recreation Department’s annual budget; and, (3) Submit annually to the City Manager and Council, not less than ninety 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 forthcoming five-year period. Such list will be arranged in order of preference, with recommendations as to which projects are recommended for construction in which year; and, (4) Provide information and recommendations as requested by the City Council and Administration; and, (5) Advise and provide recommendations to the Administration as requested on the qualifications for a Director of Parks and Recreation. (c) Qualifications and Membership. Members of the Parks and Recreation Commission will conform to the requirements of KMC 1.90, except the commission may at the discretion of the Council have up to two non-resident members. Section 3. Repeal of Chapter 11.10 of Kenai Municipal Code: That Kenai Municipal Code, Chapter 11.10 Harbor Commission is hereby repealed as follows: [CHAPTER 11.10 HARBOR COMMISSION 11.10.010 DUTIES AND POWERS. (A) THE HARBOR 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 HARBOR OR PORT FACILITIES FOR THE CITY. SUCH MASTER PLAN WITH ACCOMPANYING MAPS, PLATS, CHARTS, DESCRIPTIVE, AND EXPLANATORY MATTER, SHALL SHOW THE HARBOR COMMISSION’S RECOMMENDATIONS FOR THE DEVELOPMENT OF THE CITY HARBOR FACILITIES MAY INCLUDE, AMONG OTHER THINGS: (I) DEVELOPMENT OF THE TYPE, LOCATION, AND SEQUENCE OF ALL PUBLIC HARBOR FACILITIES; (II) THE RELOCATION, REMOVAL, EXTENSION, OR CHANGE OF USE OF EXISTING HARBOR FACILITIES; (2) 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 THE RECOMMENDED CAPITAL IMPROVEMENTS WHICH, IN THE OPINION OF THE COMMISSION, ARE NECESSARY OR 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. (3) MAKE INVESTIGATIONS REGARDING ANY MATTER RELATED TO CITY HARBOR FACILITIES, TIDE OR SUBMERGED LANDS. MAKE RECOMMENDATIONS TO THE COUNCIL RELATIVE TO THE CARE, CONTROL, AND DEVELOPMENT OF TIDE AND SUBMERGED LANDS. 23 Ordinance No. 3416-2024 Page 10 of 13 New Text Underlined; [DELETED TEXT BRACKETED] (4) 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 COUNCIL. (5) MAKE AND PREPARE REPORTS AND PLANS FOR APPROVAL BY THE CITY COUNCIL. (6) COORDINATE PUBLIC EFFORTS, INDIVIDUAL AND GROUP, TO THE EFFECTUATION OF APPROVED PLANS. (7) SHALL ACT IN ADVISORY CAPACITY IN THE SELECTION OF A HARBOR MASTER SHOULD SUCH A POSITION BE CREATED BY THE CITY COUNCIL.] Section 4. Enactment of Section 14.05.050 of Kenai Municipal Code: That Kenai Municipal Code, Section 14.05.050 - Membership, Qualifications and Proceedings, is hereby enacted as follows: 14.05.050 - Membership Qualifications and Procedures. (a) The Planning and Zoning Commission will consist of seven members, who will be nominated by the Mayor and confirmed by the City Council in accordance with KMC 14.05.015, and the following: (1) Members must be a resident of the City of Kenai, except the commission may have up to one member that is not a resident of the City if that member has a controlling ownership interest in a business physically located in the City. This provision specifically does not create a designated seat for a non-resident. (2) Members may not be an officer or employee of the City. (3) If a member who is required to reside in the City, moves their residence outside of City limits, or if a member who is required to have a controlling ownership interest in a business physically located in the City, relinquishes their controlling ownership interest of the business physically located in the City, or if a member is elected or appointed as an officer or employee of the City, the term of such member will terminate immediately. (4) After completion of a partial term, the Mayor with confirmation of the Council may reappoint the member or recommend a replacement in accordance with KMC 14.05.015. (5) If a member is absent, without the body excusing the absence for good cause from more than one-half of all the regular or special meetings held within any period of three consecutive calendar months, the member will thereupon cease to hold the seat. A commission member may not have more than three excused absences during a twelve-month calendar year. (b) The Commission will have regularly scheduled meetings which will be open to the public. Procedures and preceding of the commission will include, but are not limited to the following: (1) Annual meeting schedules, meeting cancellations or holding special meetings will conform to policy set by the City Council. (2) A chair and vice-chair will be elected annually from and by the appointed members. (3) The most current edition of Robert’s Rules of Order Newly Revised will govern all meetings, unless otherwise specified in KMC 1.15.060 motions; KMC 1.15.100 speaking; and KMC 1.15.110 voting. (4) Permanent record or minutes will be kept for regular and special meetings, and such minutes will record the vote of each member upon every question. (5) Every decision or finding will be filed in the office of the Clerk and will be a public record open to inspection by any person. 24 Ordinance No. 3416-2024 Page 11 of 13 New Text Underlined; [DELETED TEXT BRACKETED] (6) The Clerk is responsible for ensuring that all members of commissions are provided a copy of this section. (c) At the organizational meeting of Council, or as soon thereafter as practicable, the Mayor, after consultation with Council, will nominate a Council Members as Council Liaison to the Planning and Zoning Commission. The following applies to the Council Liaisons: (1) After confirmation by Council, the Council Liaison may attend all meetings of the commission. (2) The council liaison is a non-voting member and may not participate in the debate of the commission. (3) Any Council Member may attend meetings or work sessions when serving as an alternate for the council liaison, or in their capacity as elected officials. (4) Other Council Members may attend a meeting or work session of the commission; however, no more than three Council Members may attend any one meeting without additional public notice. (d) City administrative staff will attend and supply staff support to all meetings of the commission. Section 5. Repeal of Chapter 19.05 of Kenai Municipal Code: That Kenai Municipal Code, Chapter 19.05 Parks and Recreation Commission is hereby repealed as follows: [CHAPTER 19.05 PARKS AND RECREATION COMMISSION SECTIONS: 19.05.010 CREATION. 19.05.020 DUTIES AND POWERS. 19.05.030 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 ORD. 1161) 19.05.020 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 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 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. 25 Ordinance No. 3416-2024 Page 12 of 13 New Text Underlined; [DELETED TEXT BRACKETED] (E) SHALL ACT IN ADVISORY CAPACITY IN THE SELECTION OF A DIRECTOR OF PARKS AND RECREATION. 19.05.030 TERMS AND APPOINTMENTS TO VACANCIES. (ORDS. 416, 430, REPEALED ORD. 1161) 19.05.040 QUALIFICATIONS OF COMMISSION MEMBERS. (ORDS. 416, 619, REPEALED ORD. 1161) 19.05.050 PROCEEDINGS OF COMMISSION. (ORD. 416, REPEALED ORD. 1161)] Section 6. Repeal of Chapter 21.20 of Kenai Municipal Code: That Kenai Municipal Code, Chapter 21.20 Airport Commission is hereby repealed as follows: [21.20 AIRPORT COMMISSION SECTIONS: 21.20.010 DUTIES AND POWERS. 21.20.020 QUALIFICATIONS. 21.20.030 MEMBERSHIP. 21.20.010 DUTIES AND POWERS. THE COMMISSION SHALL: (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. 21.20.020 QUALIFICATIONS. MEMBERS OF THE AIRPORT COMMISSION WILL CONFORM 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. 21.20.030 MEMBERSHIP. THE COMMISSION SHALL COMPRISE OF SEVEN (7) MEMBERS WHO SHALL BE CHOSEN SO AS TO REPRESENT BROADLY THE FOLLOWING AREAS: (A) ONE MEMBER, FIXED BASE OPERATOR (FBO). (B) ONE MEMBER, LESSEE OF AIRPORT AERONAUTICAL LANDS OR TERMINAL FACILITY. (C) ONE MEMBER, WITH EXPERTISE IN FEDERAL AVIATION ADMINISTRATION FUNCTIONS. (D) ONE MEMBER, REPRESENTING THE CIVIL AIR PATROL. (E) THREE MEMBERS, AT-LARGE, REPRESENTING THE BUSINESS AND PROFESSIONAL COMMUNITY. (F) ONE NON-VOTING MEMBER, REPRESENTING AD HOC MEMBER OF THE KENAI CITY COUNCIL.] Section 7. That the Council on Aging Commission By-Laws as amended and attached as Attachment E are hereby approved. 26 Ordinance No. 3416-2024 Page 13 of 13 New Text Underlined; [DELETED TEXT BRACKETED] Section 8. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 9. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 15th DAY OF MAY, 2024. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Introduced: May 1, 2024 Enacted: May 15, 2024 Effective: June 14, 2024 27 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Shellie Saner, City Clerk DATE: April 19, 2024 SUBJECT: Repealing, Reenacting, Enacting and Amending Sections of Kenai Municipal Code related to Boards, Commissions and Committees The proposed Ordinance would change the Beautification Committee to a Commission; the Council on Aging to the Council on Aging Commission and codify for the first time both the Beautification Commission and Council on Aging Commission. It will enact a new section of code for the Planning and Zoning commission which incorporates sections of the current 1.90 that are applicable to the Planning and Zoning Commission, and also organize and standardize sections of code for the City of Kenai Advisory Commissions. It is recommended that the ordinance be introduced, scheduled for public hearing and referred to the Parks & Recreation Commission May 2, 2024 meeting; the Harbor Commission May 6, 2024 meeting; the Planning and Zoning Commission May 8, 2024 meeting; the Council on Aging May 9, 2024 meeting; the Airport Commission May 9, 2024 meeting; and the Beautification Committee May 14, 2024 meeting. The proposed Ordinance as attached takes current information located in multiple sections of code and relocates them into one location specific to Advisory Commissions. Providing and clarifying general standards will ensure consistency and efficiency in process as well as improve interface with the public and commission member. The following is a section analysis identifying changes as proposed within the ordinance. Section 1. Proposes to repeal current Chapter 1.90 - Standard Procedures for Boards, Commissions and Committees and replace it with a new Chapter 1.90 - General Standards for Standing Advisory Commissions. Repealed Chapter 1.90 Standard Procedures for Boards, Commissions and Committees Section Repealed - 1.90.010 Creation: The existing paragraph is being broken out as three separate section topics in the new proposed code. • The first sentence of the paragraph related to the makeup of commission and appointment of members was relocated to the new Advisory Commission code as 1.90.020(a - b); and also, in the new P&Z Commission code as 14.05.050(a), it was modified in the P&Z code to refer to KMC 14.05.015, which is specific to the appointment procedures for P&Z Commissioners. • The second sentence related to commission procedures, selection of a chair and vice chair was relocated to the new Advisory Commission code as 1.90.050(b); and in the new P&Z Commission code as 14.05.050(b)(2). 28 City of Kenai I 210 ~idalgo Ave, Kenai, AK 99611-7794 I 907.283.7535 I www.kenai.city Page 2 of 6 • The third through sixth sentences were related to the selection and appointment of Council Liaisons to Commissions. The new language was modified to align with the adopted Council Policy 20.020 - Commissions Committees and COA Procedures. The new language is included the new Advisory Commission code as Section 1.90.060(a)(1-3), paragraph (a)(4) is from Policy 20.020; and in the new P&Z Commission code as 14.05.050(c)(1-3), paragraph (c)(4) is from Policy 20.020. • The seventh sentence regarding administrative staff was relocated to the new Advisory Commission code as 1.90.060(b), and in the new P&Z Commission code as 14.05.050(d). Section Repealed - 1.90.020 Duties: Both paragraphs of this section were omitted from the proposed new 1.90 code; however, the proposed new Chapter 1.95 - Standing Advisory Commissions has a section for each Standing Advisory Commission, the new sections were drafted to align with the recommendations of the commissions in the meetings held earlier this year and include subsections related to duties. Additional details regarding changes to commission duties will be identified within this memo under the analysis of Section 2. Additional Notes: The Airport Commission at their March 14, 2024 meeting, the Beautification Committee at their February 13, 2024 meeting, the Council on Aging at their February 8, 2024 meeting, the Harbor Commission at their February 12, 2024 meeting, and the Parks and Recreation Commission at their February 1, 2024 meeting recommended the last sentence of paragraph (a) in 1.90.020 Duties read, “They shall act in an advisory capacity to the City Council and administration unless otherwise specified in City Code” Duties were removed from 1.90; however, a modified version of duties with the recommendation of the commissions were included in Airport Commission 1.95.010(b)(2); Beautification Commission 1.95.020(b)(3); Council on Aging Commission 1.95.030(b)(2); Harbor Commission 1.95.040(a),(b)(2); and Parks and Recreation Commission 1.95.050(b)(2). Section Repealed - 1.90.030 Qualifications: • Paragraph (A), the first three sentences address eligibility requirements pertaining to residency and employees. These requirements were relocated to the new Advisory Commission code as 1.90.020(c), and the new P&Z Commission code as 14.05.050(a)(1-3). • Paragraph (A), last sentence was related to salary and expenses, it was included in the new Advisory Commission code as 1.90.020(d); and it was omitted from the new P&Z Commission code as P&Z commissioners do receive a stipend. • Paragraph (B) identifies that the Beautification Committee, Harbor, Library and Parks and Recreation Commission may have up to 2 non-resident members each. This language was included in the proposed new Chapter 1.95 applicable to each commission, except the Library commission which was sunset in 2015, and the Airport Commission and COA as they have different requirements. • Paragraph (C) allowed the P&Z Commission to have one member that was not a resident if that member had a controlling interest in a business within the City, those provisions were included in the new P&Z Commission code in 14.05.050(a)(1&3). Section Repealed - 1.90.040 Terms: • Paragraph (A), the first sentence established three-year terms unless exempted by Council, this language was included in the new Advisory Commission code as 1.90.030(a), and the new language was expanded to codify that regular terms start on January 1 and end on December 31; and, This language already existing P&Z Commission code 14.05.015(d). • Paragraph (A), second sentence regarding reappointment was included in the new Advisory Commission code as 1.90.020(e); and also included in the new P&Z Commission code as 29JC The City of Kenai I www.kenai.city Page 3 of 6 14.05.050(a)(4) and the new language refers to the existing KMC 14.05.015 relate to P&Z Commissioner appointments. • Paragraph (B), this language addresses establishing new commissions with staggered terms, it was included in the new Advisory Commission code as 1.90.030(c). It was not included in the P&Z Commission code; this language would be applicable when forming new commissions and is not needed for an existing commission. Section Repealed - 1.90.050 Proceedings: • Paragraph (A), first sentence regarding regular meeting schedules was included in the new Advisory Commission code as 1.90.050(a), the language was modified to reflect Council Policy 20.020. The modified language was also included in the new P&Z Commission code 14.05.050(b)(1). • Paragraph (A), second and third sentences regarding permanent records, minutes and decisions, were included in the new Advisory Commission code as 1.90.050(d-e); and in the new P&Z Commission code as 14.05.050(b)(4-5). • Paragraph (A), fourth sentence regarding the paramount authority of the Council was omitted from the Advisory Commission code; however, new language establishing the advisory nature of Commissions was included in the new Advisory Commission code as 1.90.010(b). This language was not included in the P&Z Commission code, although the P&Z Commission are advisory on some subjects they do have decision making authority. • Paragraph (B), regarding Commissioner attendance, was included in the new Advisory Commission code as 1.90.040, and in the new P&Z Commission code as 14.05.050(a)(5). • Paragraph (C), regarding parliamentary procedure was included in the new Advisory Commission code as 1.90.050(c), and in the new P&Z Commission code as 14.05.050(b)(3). • Paragraph (D), ensuring all members are provided a copy of the chapter was included in the new Advisory Commission code as 1.90.050(f), and in the new P&Z Commission code as 14.05.050(b)(6). Section Repealed - 1.90.060 Specific Requirements of Boards, Commissions and Committees: • This section was included in the new Advisory Commission code as 1.90.070; and it was omitted from the new P&Z Commission code as the new code is specific to only the P&Z Commission. New Chapter 1.90 General Standards for Advisory Commissions Part of the proposed changes include dropping the terms Board or Committee for standing bodies of the City. Uniformly referring to the standing advisory bodies of the City as Commission will create consistency and efficiency. New Section - 1.90.010 Creation: • Paragraph’s (a)(1-5) are new, and establish that Standing Advisory Commissions are created or dissolved by the Council, and lists the current Standing Advisory Commissions. • Paragraph (b) was developed based on the last sentence repealed in 1.90.050(a), which addressed to the paramount authority of the Council regarding the actions of Commissions. The new language addresses the advisory nature of the Commissions to the Council and Administration. • Paragraph (c) clarifies this chapter does not apply to the P&Z Commission. Any information from the repealed chapter 1.90 that was applicable to the P&Z Commission was incorporated into the new 14.05.050. Additional Notes: The Airport Commission at their March 14, 2024 meeting, the Beautification Committee at their February 13, 2024 meeting, the Council on Aging at their February 8, 2024 meeting, the Harbor Commission at their February 12, 2024 30JC The City of Kenai I www.kenai.city Page 4 of 6 meeting, and the Parks and Recreation Commission at their February 12, 2024 meeting recommended amending the first sentence of 1.90.010 to read, “All boards, commissions and committees created by the Council of the City of Kenai, unless otherwise specified, will consist of [7] seven members… The above referenced recommendation was incorporated into the new Advisory Commission code as 1.90.020(a). New Section - 1.90.020 Member, Appointment and Qualifications: • Paragraph (a) and (b) were from first sentence of the repealed 1.90.010. • Paragraph (c) and (d) were from paragraph (a) of the repealed 1.90.030. • Paragraph (e) was from the second sentence of the repealed 1.90.040(a). New Section - 1.90.030 Terms: • Paragraph (a) was from the first sentence of repealed 1.90.040(a) and modified to include the start and end date of a term. • Paragraph (b) is a new paragraph, the purpose is to codify current practice related to partial terms. • Paragraph (c) was from the repealed 1.90.040(b). New Section - 1.90.040 Attendance: • This section was from the repealed 1.90.050(b). New Section - 1.90.050 Proceedings: • Paragraph (a) was from the first sentence of repealed 1.90.050(a), and modified to reflect procedure established within Council Policy 20.020. • Paragraph (b) was from the second sentence of repealed 1.90.010. • Paragraph (c) was from repealed 1.90.050(c). • Paragraph (d) was from the second sentence of repealed 1.90.050(a). • Paragraph (e) was from the third sentence of repealed 1.90.050(a). • Paragraph (f) was from repealed 1.90.050(d). New Section 1.90.060 Liaison: • Paragraph’s (a)(1-3) are from sentences 3-6 of the repealed 1.90.010. • Paragraph (a)(4) is from Council Policy 20.020. • Paragraph (b) is from the last sentence of repealed 1.90.010. New Section 1.90.070: • This new section is from the repealed 1.90.060. Section 2. Proposes to enact a completely new Chapter of code, “1.95 - Standing Advisory Commissions”, this new chapter will relocate the existing code sections for Advisory bodies to one location and create new code for the Beautification Commission and Council on Aging Commission. These new code sections were developed based on current existing code and meetings held with each commission earlier this year. New Chapter 1.90 Standing Advisory Commissions The sections within this chapter will be applicable to individual Standing Advisory Commissions. New Section - 1.95.010 Airport Commission: Note: Section 6 of the ordinance proposes to repeal the existing code section for the Airport Commission, KMC 21.20. • The Airport Commission at their March 14, 2024 meeting recommended amendments to their current code which are incorporated into the new proposed 1.95.010, the following identifies any changes made since their recommendation. 31JC The City of Kenai I www.kenai.city Page 5 of 6 o Paragraph (b)(5) is new language for the Airport Commission and has also been included some of the other Commissions. o Paragraph (c) regarding qualifications was added and incorporates the information from sections of the current 1.90 proposed to be repealed. o Paragraph (f) from the repealed 21.20.030 Membership was omitted. This currently provides for, “One non-voting member, representing and ad hoc member of the Kenai City Council.” This was left out as it is not a current practice; however, the Airport Commission is assigned a non-voting Council Liaison annually. New Section - 1.95.020 Beautification Commission: Note: The Beautification Committee has never been formed by City Council, this new section of code would create a Standing Beautification Commission. • The Beautification Committee at their February 13, 2024 meeting recommended enactment of code for the Beautification Commission substantially in the form presented within the Ordinance; however, since that recommendation the following changes have been made. o Paragraph (b)(3) was changes to read, “Advise the Council and administration on City beautification issues and/or projects as requested by the Council or administration; and,” o Paragraph (c) regarding qualifications was added and incorporates the information from sections of the current 1.90 proposed to be repealed. New Section - 1.95.030 Council on Aging Commission: Note: The Council on Aging operates under By-Laws, including provisions for the Council on Aging in code is new. • The Council on Aging at their February 8, 2024 meeting recommended enactment of municipal code for the Council on Aging Commission substantially in the form presented within the Ordinance; however, since that recommendation the following changes have been made. o Paragraph (b)(5) is new language for the Council on Aging Commission and has also been included some of the other Commissions. o Paragraph (c) Qualifications and Membership, the section referencing the requirements of KMC 1.90 has been reworded to align with the language in other Commissions sections of code; however, it does not change the intent. o Paragraph (c), the current By-Laws establishes members must be 60 years or older, the Council on Aging has requested that age be lowered to 55 years or older. New Section - 1.95.040 Harbor Commission: Note: Section 3 of the ordinance proposes to repeal the existing code section for the Harbor Commission, KMC 11.10. • The Harbor Commission at their February 12, 2024 meeting recommended amendments to their current code which are incorporated into the new proposed 1.95.040, the following identifies any changes made since their original recommendation. o Paragraphs (b)(2) and (3) changed positions, this was done to align with the outline format of code for other commissions. o Paragraph (b)(5) was amended to include “and administration” at the end of the sentence to align with language in code for other commissions. o Paragraph (c) regarding qualifications was added and incorporates the information from sections of the current 1.90 proposed to be repealed. New Section - 1.95.050 Parks and Recreation Commission: Note: Section 5 of the ordinance proposes to repeal the existing code section for the Parks and Recreation Commission, KMC 19.05. • The Parks and Recreation Commission at their February 1, 2024 meeting recommended amendments to their current code which are incorporated into the new proposed 1.95.050, the following identifies any changes made since their recommendation. o Paragraphs (b)(2) and (3) changed positions, this was done to align with the outline format of codes for other commissions. 32JC The City of Kenai I www.kenai.city Page 6 of 6 o Paragraph (b)(5) was amended to include “and administration” at the end of the sentence to align with language in code for other commissions. o Paragraph (c) regarding qualifications was added and incorporates the information from sections of the current 1.90 proposed to be repealed. Section 3. Proposes to repeal KMC Chapter 11.10 Harbor Commission. Section 4. Proposes to enact a completely new Section 14.05.050-Membership, Qualifications and Procedures within Chapter 14 Planning and Zoning. •Paragraph (a) was from the first sentence in repealed 1.90.010. •Paragraph’s (a)(1-3) were from the repealed 1.90.030(a) and (c). •Paragraph (a)(4) was from the second sentence of repealed 1.90.040(a). •Paragraph (a)(5) was from the repealed 1.90.050(b). •Paragraph (b) is new and provides an outline beginning for procedures of the Commission. •Paragraph (b)(1) is from the first sentence of repealed 1.90.050(a) and has been modified to align with Council Policy 20.020. •Paragraph (b)(2) is from the second sentence of repealed 1.90.010. •Paragraph (b)(3) is from the repealed 1.90.050(c). •Paragraph (b)(4) is from the second sentence of repealed 1.90.050(a). •Paragraph (b)(5) is from the third sentence of repealed 1.90.050(a). •Paragraph (b)(6) is from the repealed 1.90.050(d). •Paragraph’s (c)(1-3) is sentences 3, 4 and 5 of the repealed 1.90.010. •Paragraph (c)(4) is from Council Policy 20.020. •Paragraph (d) is from the last sentence of repealed 1.90.010. Section 5. Proposes to repeal KMC Chapter 19.05 Parks and Recreation Commission. Section 6. Proposes to repeal Chapter 21.20 Airport Commission. Thank you for your consideration. 33JC The City of Kenai I www.kenai.city Sponsored by: City Clerk New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. XXXX-2024 AN ORDINANCE REPEALING, REENACTING AND RENAMING KENAI MUNICIPAL CODE CHAPTER 1.90 - STANDARD PROCEDURES FOR BOARDS, COMMISSIONS AND COMMITTEES, ENACTING CHAPTER 1.95 - STANDING ADVISORY COMMISSIONS, REPEALING CHAPTERS 11.10 - HARBOR COMMISSION, CHAPTER 19.05 PARKS AND RECREATION COMMISSION, CHAPTER 21.20 AIRPORT COMMISSION, ENACTING SECTION 14.05.050 - PLANNING AND ZONING COMMISSION -QUALIFICATIONS AND MEMBERSHIP AND APPROVING AMENDMENTS TO THE COUNCIL ON AGING COMMISSION BY-LAWS TO ORGANIZE STREAMLINE, AND IMPROVE THE EFFICIENCY OF THE CITY’S STANDING COMMISSIONS. WHEREAS, the City’s Standing Advisory Commissions are intended to advise the Council and administration on specific issues based on their experience, expertise and information presented before the commissions; and, WHEREAS, each Advisory Commission has a unique purpose adding value to the decision-making process carried out by the Council and administration; and, WHEREAS, establishing general standards applicable to all standing Advisory Commissions ensures consistency and efficiency in process; and, WHEREAS, establishing a clear scope of work for each Advisory Commission provides direction to the commissions and ensures effective use of the volunteer commission members time; and, WHEREAS, while current information on various commissions is spread throughout the Code, organizing the code to address the advisory commissions primarily in one place, improves public interface and transparency; and, WHEREAS, a new code section is needed for the Planning and Zoning Commission to carry forward applicable code provisions to the Planning and Zoning Commission, which is unique from other City commissions by virtue of the Commission’s non-advisory duties; and, WHEREAS, the City Manager, City Attorney and City Clerk met with each advisory commission and committee in early 2024 to review and discuss current code provisions applicable to each body; and, WHEREAS, recommended amendments from each commission or committee were drafted, presented and approved by each body; and, WHEREAS, after further consideration of those recommendations, the administration in an effort to streamline and improve efficiencies for Standing Commissions, reevaluated the process and recommend a complete rewrite and renaming of Chapter 1.90; and, WHEREAS, the Airport Commission at their __________, 2024 regular meeting recommended that the City Council __________ this Ordinance; and, WHEREAS, the Beautification Committee at their__________, 2024 regular meeting recommended that the City Council __________ this Ordinance; and, Attachment B 34 Ordinance No. XXXX-2024 Page 2 of 14 New Text Underlined; [DELETED TEXT BRACKETED] WHEREAS, the Council on Aging at their __________, 2024 regular meeting recommended that the City Council __________ this Ordinance; and, WHEREAS, the Council on Aging at their February 8, 2024 regular meeting recommended that the City Council approve amendments to the By-Laws of the Council on Aging as attached; and, WHEREAS, the Harbor Commission at their __________, 2024 regular meeting recommended that the City Council __________this Ordinance; and, WHEREAS, the Parks and Recreation Commission at their __________, 2024 regular meeting recommended that the City Council __________this Ordinance; and, WHEREAS, the Planning and Zoning Commission at their __________, 2024 regular meeting recommended that the City Council __________ this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Repeal, Reenact and Rename Chapter 1.90 of Kenai Municipal Code: That Kenai Municipal Code, Chapter 1.90 Standards for Boards, Commissions and Committees is hereby repealed, reenacted and renamed as Chapter 1.90 General Standards for Standing Advisory Commissions, as follows: [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 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 APPLICATIONS SUBMITTED TO THE CITY CLERK. A CHAIR AND VICE-CHAIR SHALL BE SELECTED ANNUALLY AND SHALL BE ELECTED FROM AND BY THE APPOINTED MEMBERS. AT THE ORGANIZATIONAL MEETING OF COUNCIL, OR AS SOON THEREAFTER AS PRACTICABLE, THE MAYOR, AFTER CONSULTATION WITH COUNCIL, SHALL NOMINATE COUNCIL MEMBERS AS A COUNCIL LIAISON TO ANY BOARD, COMMISSION OR COMMITTEE. AFTER CONFIRMATION BY COUNCIL, THE COUNCIL LIAISON MAY ATTEND ALL MEETINGS OF THE BOARD, COMMISSION OR COMMITTEE. A COUNCIL LIAISON IS NOT A MEMBER OF, AND SHALL HAVE NO VOTING POWER OR ANY OTHER RIGHTS OF MEMBERSHIP ON, THE BOARD, COMMISSION OR COMMITTEE. THE MAYOR AND OTHER COUNCIL MEMBERS MAY ATTEND MEETINGS OF BOARDS, COMMISSIONS OR COMMITTEES WHEN SERVING AS AN ALTERNATE FOR THE COUNCIL LIAISON, OR IN THEIR CAPACITY AS ELECTED OFFICIALS. CITY ADMINISTRATIVE STAFF SHALL ATTEND AND SUPPLY STAFF SUPPORT TO ALL MEETINGS OF BOARDS, COMMISSIONS AND COMMITTEES. Commented [SS1]: This section proposes to repeal and replace the current chapter 1.90. Notes in the section being repealed will indicate how the code was modified, included or omitted within the new section. Notes in the new section will indicate that it is a new provision that was not in the previous code. Commented [SS2]: First sentence included in 1.90.020 (a) and (b) and in the new14.05.050 (a). Commented [SS3]: Second sentence included in 1.90.050(b) and in the new 14.05.050(b)(2). Commented [SS4]: Sentences 3 through 6 were included in 1.90.060(a)(1-3), paragraph (a) is from Council adopted policy 20.020 and in the new 14.05.050 (c)(1-3), paragraph (d) is from Council Policy 20.020. Commented [SS5]: Sentence 7 was included as 1.90.060(b). 35 I L I I Or d i n a n c e N o . X X X X -20 2 4 Pa g e 3 of 14 Ne w T e x t U n d e r l i n e d ; [ DEL E T E D TEX T BRA C K E T E D ] 1. 90 . 0 2 0 DUT I E S . (A) MEM B E R S O F B O A R D S , CO M M I S S I O N S A N D C O M MI T T E E S S H A L L B E R E Q UI R E D T O ES T A B L I S H P O L I C I E S RE L A T I N G T O T H E I R R E SP E C T I V E O R G A N I Z A T I O N. THE Y S H A L L A C T I N A N AD V I S O R Y C A P A C I T Y T O CIT Y COU N C I L U N L E S S O T H E R W IS E S P E C I F I E D I N T H E CIT Y COD E . (B) IF T H E B O A R D , CO M M I S S I O N O R C O M M I TT E E H A S I N C O M E S T A T ED W I T H I N T H E CIT Y O F KEN A I A N N U A L BU DG E T , SA I D B O A R D , CO M M I S S I O N O R C O M M I TT E E S H A L L W O R K W I T H TH E CIT Y MAN A G E R T O ES T A B L I S H E X P E N S E S P RO J E C T E D F O R T H E Y E A R F O R A P P R O V A L B Y T H E CIT Y COU N C I L . 1. 9 0 . 0 3 0 QUA L I F I C A T I O N S . (A) A ME M B E R O F A B O A R D , CO M M I S S I O N O R C O M M I TT E E M U S T B E A R E S I D EN T O F T H E CIT Y O F KEN A I , UN L E S S T H E B O A R D , CO M M I S S I O N O R C O M M I TT E E I S S P E C I F I C A L L Y EX E M P T E D B Y COU N C I L F R O M T H I S RE Q U I R E M E N T . THE M E M B E R C A N N O T B E AN O F F I C E R O R E M P L O Y EE O F T H E CIT Y O F KEN A I . IF A NY ME M B E R S H O U L D M O V E H IS O R H E R R E S I D E N C E FR O M T H E C O R P O R A T E L IM I T S O F T H E CIT Y O F KEN A I (IF A P P L I C A B L E ), IS A N O F F I C E R O R E M PL O Y E E O F T H E CIT Y O F KEN A I , OR S H A L L B E E L E C T E D OR AP P O I N T E D A S A N O F F I CE R O R E M P L O Y E E O F T HE CIT Y O F KEN A I , TH E S E R V I C E O F S U C H ME M B E R SH A L L T E R M I N A T E I M M E DI A T E L Y . HE OR S H E S H O U L D B E A W AR E T H A T H E O R S H E W IL L S E R V E W I T H O U T SA L A R Y , BU T W I L L B E R E I M B U R SE D F O R A L L R E A S O N A B LE E X P E N S E S I N C U R R E D IN C O N N E C T I O N W I T H TH I S S E R V I C E , ON L Y A F T E R A P P R O V A L BY COU N C I L . (B) THE BEA U T I F I C A T I O N COM M I T T E E , AN D HAR B O R , LIB R A R Y , AN D PAR K S A N D REC R E A T I O N COM M I S S I O N S M A Y A T T H E D I S C R E T I O N O F T H E COU N C I L H A V E U P T O T W O (2 ) NO N -RE S I D E N T ME M B E R S E A C H . (C) THE PLA N N I N G A N D ZON I N G COM M I S S I O N M A Y H A V E U P T O O N E M E M B E R T H A T IS N O T A RE S I D E N T O F TH E CIT Y I F T H E Y H A V E A C ON T R O L L I N G O W N E R S H I P IN T E R E S T I N A B U S I N ES S P H Y S I C A L L Y L O C A T ED I N TH E CIT Y . THI S P R O V I S I O N S P E C I F IC A L L Y D O E S N O T C R E A TE A D E S I G N A T E D S E A T FO R A N O N - RE S I D E N T . Co m m e n t e d [ S S 6 ] : Pa r a g r a p h s ( A ) a n d ( B ) w e r e b o t h om i t t e d i n t h e n e w 1 . 9 0 ; h o w e v e r , d u t i e s h a v e b e e n in c l u d e d i n t h e n e w c o d e se c t i o n s fo r e a c h i n d i v i d u a l co m m i s s i o n ba s e d o n m e e t i n g s w i t h e a c h b o d y . Se c t i o n 2 o f t h e O r d i n a n c e : 1. 9 5 . 0 1 0 ( b ) (2 ) - Ai r p o r t D u t i e s 1. 9 5 . 0 1 5 ( b ) (3 ) - Be a u t i f i c a t i o n D u t i e s 1. 9 5 . 0 2 0 ( b ) (2 ) - CO A D u t i e s 1. 9 5 . 0 2 5 ( b ) (2 ) - Ha r b o r D u t i e s 1. 9 5 . 0 3 0 ( b ) (2 ) - Pa r k s & R e c D u t i e s Co m m e n t e d [ S S 7 ] : Th e f i r s t t h r e e s e n t e n c e s w e r e in c l u d e d i n n ew l y p r o p o s e s 1 . 9 0 . 0 2 0 (c ) an d i n t h e n e w 14 . 0 5 . 0 5 0 p a r a g r a p h s ( a ) ( 1 -3) Co m m e n t e d [ S S 8 ] : Th i s l a s t s e n t e n c e w a s i n c l u d e d i n ne w l y p r o p o s e d 1 . 9 0 . 0 2 0 ( d ) , i t w a s o m i t t e d f r o m t h e ne w 1 4 . 0 5 . 0 5 0 a s P l a n n i n g C o m m i s s i o n e r s r e c e i v e a st i p e n d . Co m m e n t e d [ S S 9 ] : Th i s p a r a g r a p h w a s o m i t t e d i n t h e ne w 1 . 9 0 ; h o w e v e r , w a s i n c l u d e d i n t h e n e w c o d e se c t i o n s f o r t h e i n d i v i d u a l c o m m i s s i o n . Se c t i o n 2 o f t h e o r d i n a n c e : 1. 9 5 . 0 20 (c ) - Be a u t i f i c a t i o n 1. 9 5 . 0 40 (c ) - Ha r b o r 1. 9 5 . 0 50 (c ) - Pa r k s & R e c No t e : L i b r a r y C o m m i s s i o n s u n s e t i n 2 0 1 5 . Ai r p o r t a n d C O A ha v e d i f f e r e n t m e m b e r s h i p re q u i r e m e n t s . Co m m e n t e d [ S S 1 0 ] : Th i s p a r a g r a p h w a s o m i t t e d i n th e n e w 1 . 9 0 ; h o w e v e r , w a s i n c l u d e d i n t h e n e w se c t i o n o f c o d e p r o p o s e d w i t h i n T i t l e 1 4 . Se c t i o n 4 of t h i s o r d i n a n c e : 14 . 0 5 . 0 5 0 ( a ) ( 1 ) &( 3 ) 36 ~ i i \ \ Ordinance No. XXXX-2024 Page 4 of 14 New Text Underlined; [DELETED TEXT BRACKETED] 1.90.040 TERMS. (A) A MEMBER OF A BOARD, COMMISSION OR COMMITTEE SHALL SERVE FOR A TERM OF THREE (3) YEARS, UNLESS THE BOARD, 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 BOARD, COMMISSION OR COMMITTEE MEMBER SHALL BE STAGGERED SO THAT THREE (3) MEMBERS WILL BE APPOINTED FOR ONE (1) YEAR; TWO (2) MEMBERS WILL BE APPOINTED FOR TWO (2) YEARS; AND TWO (2) MEMBERS WILL BE APPOINTED FOR THREE (3) YEARS. TERMS SHALL COMMENCE ON JANUARY 1ST OF EACH YEAR. 1.90.050 PROCEEDINGS. (A) ALL BOARDS, COMMISSIONS AND COMMITTEES WILL HAVE REGULARLY 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 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 PERSON. ALL ACTS OF 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 OR HER COMMITTEE, COMMISSION OR BOARD, REGULAR AND SPECIAL, HELD WITHIN ANY PERIOD OF THREE (3) CONSECUTIVE CALENDAR MONTHS, HE OR SHE SHALL THEREUPON CEASE TO HOLD THE SEAT. A COMMISSION, COMMITTEE OR BOARD MEMBER MAY NOT HAVE MORE THAN THREE (3) EXCUSED ABSENCES DURING A TW ELVE (12) MONTH CALENDAR YEAR. (C) IN ALL MATTERS OF PARLIAMENTARY PROCEDURE, THE MOST CURRENT EDITION OF ROBERT’S RULES OF ORDER NEWLY REVISED SHALL BE APPLICABLE AND GOVERN ALL MEETINGS, UNLESS AS SPECIFIED IN KMC 1.15.060, MOTIONS; KMC 1.15.100, SPEAKING; AND KMC 1.15.110, VOTING. Commented [SS11]: Included and modified to included term start of Jan1 and end Dec 31 in new 1.90.030(a) and already exists in 14.05.015(d) Commented [SS12]: Included in new 1.90.020(e) and in the new 14.05.050(a)(4) Commented [SS13]: Included in new 1.90.030(c) Commented [SS14]: Included and modified to reflect current practice in new 1.90.050(a) and included in the new 14.05.050(b)(1) Commented [SS15]: Included in new 1.90.050(d) - (e) and in the new 14.05.050(b)(4-5) Commented [SS16]: Omitted and replaced as the new 1.90.010 (b) Commented [SS17]: Included in new 1.90.040 and in the new 14.05.050(a)(5) Commented [SS18]: Included in new 1.90.050(c) and in the new 14.05.050 (b)(3) 37 I L_ ~ IL I L_ ---------------IL ~ I - IL IL_ Or d i n a n c e N o . X X X X -20 2 4 Pa g e 5 of 14 Ne w T e x t U n d e r l i n e d ; [ DEL E T E D TEX T BRA C K E T E D ] (D) THE R E S P O N S I B I L I T Y O F IN S U R I N G T H A T A L L M EM B E R S O F BO A R D S , CO M M I S S I O N S A N D C O M MI T T E E S RE C E I V E A C O P Y O F T H E STA N D A R D PRO C E D U R E S O F BOA R D S , COM M I S S I O N S A N D COM M I T T E E S L I E S WI T H T H E CIT Y CLE R K . 1. 9 0 . 0 6 0 SPE C I F I C R E Q U I R E M E N T S OF B O A R D S , CO M M I S S I O N S A N D C O M MI T T E E S . REQ U I R E M E N T S O F B O A R D S, CO M M I S S I O N S A N D CO M M I T T E E S A S S E T F O RT H I N KM C 1. 9 0 AR E G E N E R A L RE Q U I R E M E N T S A N D S H A LL B E F O L L O W E D T O T H E E X T E N T T H A T T H E Y D O N O T C O N F L I C T W I T H SP E C I F I C RE Q U I R E M E N T S F O U N D I N C O D E S E C T I O N S S P E C IF I C A L L Y P E R T A I N I N G TO I N D I V I D U A L B O A R D S , CO M M I S S I O N S AN D C O M M I T T E E S .] Ch a p te r 1 . 9 0 Ge n e r a l S t a n d a r d s f o r St a n d i n g A d v i s o r y Co m m i s s i o n s . Se c t i o n s : 1. 9 0 . 0 10 Cr e a t i o n . 1. 9 0 . 0 15 Me m b e r s , A p p o i n t m e n t s a n d Q u a l i f i c a t i o n s . 1. 9 0 . 0 20 Te r m s . 1. 9 0 . 0 25 At t e n d a n c e . 1. 9 0 . 0 30 Pr o c e e d i n g s . 1. 9 0 . 0 35 Li a i s o n s. 1. 9 0 . 0 40 Sp e c i f i c R e q u i r e m e n t s of S t a n d i n g A d v i s o r y C o m m i s s i o n s . 1. 9 0 . 0 10 Cr e a t i o n . (a ) Sta n d i n g A d v i s o r y Co m m i s s i o n s o f th e C i t y m a y b e c r e a t e d o r d i s s o l v e d b y a n o r d i n a n c e o f t h e Ci t y C o u n c i l . Th e f o l l o w i n g Sta n d i n g Adv i s o r y Com m i s s i o n s h a v e b e e n c r e a t e d b y t h e C o u n c i l : (1) Ai r p o r t C o m m i s s i o n , a s e s t a b l i s h e d i n K M C 1 . 9 5 . 0 1 0 ; (2) Be a u t i f i c a t i o n Co m m i s s i o n , a s e s t a b l i s h e d i n K M C 1 . 9 5 . 0 20 ; (3) Co u n c i l o n A g i n g C o m m i s s i o n , a s e s t a b l i s h e d i n K M C 1 . 9 5 . 0 30; (4) Ha r b o r C o m m i s s i o n , a s e s t a b l i s h e d i n K M C 1 . 9 5 . 0 40 ; (5) Pa r k s a n d R e c r e a t io n C o m m i s s i o n , a s e s t a b l i s h e d i n K M C 1 . 9 5 . 0 50 ; (b ) St a n d i n g A d v i s o r y C o m m i s s i o n s a r e c r e a t e d t o a d v i s e t h e C o u n c i l a n d A d m i n i s t r a t i o n a s re q u e s t e d a n d c o d i f i e d . D e c i s i o n s o f S t a n d i n g A d v i s o r y C o m m i s s i o n s m a y b e c o n s i d e r e d by th e Co u nci l a n d a d m i n i s t r a t i o n , b u t s t a n d i n g a d v i s o r y co m m i s s i o n s m a y no t d i r e c t C o u n c i l o r Ad m i n i s t r a t i o n . (c ) Thi s C h a p t e r d o e s n o t a p p l y t o t h e P l a n n i n g a n d Z o n i n g C o m m i s s i o n wh i c h i s n o t s o l e l y a d v i s o r y to t h e C o u n c i l a n d A d m i n i s t r a t i o n . Co m m e n t e d [ S S 1 9 ] : In c l u d e d i n n e w 1 . 9 0 . 0 5 0 ( f ) an d in t h e n e w 1 4 . 0 5 . 0 5 0 ( b) ( 6 ) Co m m e n t e d [ S S 2 0 ] : In c l u d e d i n n e w 1 . 9 0 . 0 7 0 Co m m e n t e d [ S S 2 1 ] : Th e b l u e h i g h l i g h t e d p o r t i o n o f th i s s e c t i o n s n e w a n d is e s t a b l i s h i n g i n c o d e o n e lo c a t i o n t h a t i d e n t i f i e s t h e Sta n d i n g Ad v i s o r y Co m m is s io n s o f t h e C i t y . 38 J ~, • I I_ I I I Ordinance No. XXXX-2024 Page 6 of 14 New Text Underlined; [DELETED TEXT BRACKETED] 1.90.020 Member, Appointment and Qualifications. (a) Unless otherwise specified standing advisory commissions will consist of seven members. (b) Commission members will be nominated by the Mayor and confirmed by the Council from applications submitted to the Clerk. (c) Members must be residents of the City unless otherwise specified and may not be an officer or employee of the City. If any member who is required to reside in the City, moves their residence outside of City limits, or if any member is elected or appointed as an officer or employee of the City, the term of such member will terminate immediately. (d) Members will serve without salary, but may be reimbursed for reasonable expenses incurred in connection with the service, only after approval by the Council. (e) After completion of a full or partial term, the Mayor with confirmation of the Council may reappoint the member or recommend a replacement. 1.90.030 Terms. (a) Terms of appointment will be for three-years beginning January 1st and ending December 31st, unless the commission is exempted by the Council from this requirement. (b) When an appointment is to fill a vacancy created prior to the end of a term, the appointment will be for the remainder of that term. (c) When appointments are first made to a newly established commission, the first appointments will be to staggered terms, so that three members will be appointed for one year; two members will be appointed for two years; and two members will be appointed for three years. 1.90.040 Attendance. If a member is absent, without the body excusing the absence for good cause from more than one-half of all the regular or special meetings held within any period of three consecutive calendar months, the member will thereupon cease to hold the seat. A commission member may not have more than three excused absences during a twelve-month calendar year. 1.90.050 Proceedings. (a) Standing Advisory Commissions will have regularly scheduled meetings which will be open to the public. Annual meeting schedules, meeting cancellations or holding special meetings will conform to policy set by the City Council. (b) A chair and vice-chair will be elected annually from and by the appointed members. (c) The most current edition of Robert’s Rules of Order Newly Revised will govern all meetings, unless otherwise specified in KMC 1.15.060 motions; KMC 1.15.100 speaking; and KMC 1.15.110 voting. (d) Permanent record or minutes will be kept for regular and special meetings, and such minutes will record the vote of each member upon every question. (e) Every decision or finding will be filed in the office of the Clerk and will be a public record open to inspection by any person. (f) The Clerk is responsible for ensuring that all members of commissions are provided a copy of this chapter. 1.90.060 Liaison. Commented [SS22]: This is a new paragraph. The purpose is to codify practices related to partial term appointments. 39 I I Ordinance No. XXXX-2024 Page 7 of 14 New Text Underlined; [DELETED TEXT BRACKETED] (a) Council Liaison. At the organizational meeting of Council, or as soon thereafter as practicable, the Mayor, after consultation with Council, will nominate Council Members as a council liaison to Standing Advisory Commissions. The following applies to Council Liaisons: (1) After confirmation by Council, the council liaison may attend all meetings of the commission. (2) The council liaison is a non-voting member and may not participate in the debate of the commission. (3) Any Council Member may attend meetings or work sessions when serving as an alternate for the council liaison, or in their capacity as elected officials. (3) Other Council Members may attend a meeting or work session of a commission; however, no more than three Council Members may attend any one meeting without additional public notice. (b) Staff Liaison. City administrative staff will attend and supply staff support to all meetings of the commissions of the City. 1.90.070 Specific Requirements of Standing Advisory Commissions. Requirements of this chapter are general requirements and will be followed to the extent that they do not conflict with specific requirements found in code sections specifically pertaining to individual standing commissions. Section 2. Enactment of Chapter 1.95 of Kenai Municipal Code: That Kenai Municipal Code, Section 1.95 Boards, Commissions and Committees is hereby enacted as follows: Chapter 1.95 Standing Advisory Commissions. Sections: 1.95.010 Airport Commission. 1.95.020 Beautification Committee. 1.95.030 Council on Aging Commission. 1.95.040 Harbor Commission. 1.95.050 Parks and Recreation Commission. 1.95.010 Airport Commission. (a) Purpose. The purpose of the Airport Commission is to advise the Council and administration on issues involving the Airport and lands held for the benefit of the Airport. (b) Duties and Powers. The Airport Commission will: (1) Review and provide recommendations on the master plan for the airport development. This may include: (i) Development of type, location and sequence of all airport terminal facilities; and, (ii) Development and use of all airport lands. (2) Act in an advisory capacity to the Council and the Administration on matters affecting the airport. (3) Make recommendations to the City Manager on the airport budget. (4) Submit annually to the City Manager and Council, not less than ninety 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 forthcoming five-year period. Such list will be arranged in order of preference, with recommendations as to which projects are recommended for construction in which year. Commented [SS23]: From Council Policy 20.020 (G)(2) Commented [SS24]: From Council Policy 20.020 (G)(1) Commented [SS25]: This new section of code incorporates KMC 21.20 and includes amendments which were recommended by the Airport Commission during their March 14, 2024 meeting. Section 5 of this ordinance will repeal KMC 21.20 in its entirety. 40 Ordinance No. XXXX-2024 Page 8 of 14 New Text Underlined; [DELETED TEXT BRACKETED] (5) Provide information and recommendations as requested by the City Council and administration. (c) Qualifications. Members of the Airport Commission will conform to the requirements as established by KMC 1.90, except that members of the Airport Commission need not be a resident of the City of Kenai. (d) Membership. The Commission will be comprised of seven members who will be chosen so as to represent broadly the following areas: (1) One member, fixed base operator (FBO); and, (2) One member, lessee of airport aeronautical lands or terminal facility; and, (3) One member, with expertise in Federal Aviation Administration functions; and, (4) One member, representing the Civil Air Patrol; and, (5) Three members, at-large, representing the business and professional community. 1.95.020 Beautification Commission. (a) Purpose. The purpose of the Beautification Commission is to advise the Council and administration on enhancing the appearance of the City. (b) Duties and Powers. The Beautification Commission will: (1) Advise administration on seasonal displays and decorations promoted by the City; and, (2) Advise administration on selection of annual plantings of flora to be displayed in the City; and, (3) Advise Council and administration on City beautification issues and/or projects as requested by the Council or administration; and, (4) Submit annually to the City Manager and Council, not less than ninety days prior to the beginning of the budget year, a list of the recommended capital improvements which, in the opinion of the Commission, are necessary or desirable to be constructed during the forthcoming five-year period. Such list will be arranged in order of preference, with recommendations as to which projects are recommended for construction in which year. (c) Qualifications and Membership. Members of the Beautification Commission will conform to the requirements of KMC 1.90, except the commission may at the discretion of the Council have up to two non-resident members. 1.95.030 Council on Aging Commission. (a) Purpose. The purpose of the Council on Aging Commission is to advise the Council and Administration on issues involving the Kenai Senior Center and senior citizen programs supported by the City. (b) Duties and Powers. The Council on Aging Commission will: (1) Review and provide recommendations on any master plans for senior citizen services provided by the City. This may include: (i) City owned facilities providing senior citizen services; and, (ii) Development and use of the Senior Center or other facilities o wned or managed by the City for the provision of services for senior citizens, excluding Vintage Pointe- Independent Senior Housing. Commented [SS26]: This is a new section of Code, based on the recommendations of the Beautification Committee. Commented [SS27]: This is a new section of code, based on the recommendations of the Council on Aging. 41 Ordinance No. XXXX-2024 Page 9 of 14 New Text Underlined; [DELETED TEXT BRACKETED] (2) Act in an advisory capacity to the Council and the Administration on matters affecting the Senior Center and senior citizen services provided by the City; and, (3) Make recommendations to the City Manager on the budget for the City’s Senior Center ; and, (4) Submit annually to the City Manager and Council, not less than ninety 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 forthcoming five-year period. Such list will be arranged in order of preference, with recommendations as to which projects are recommended for construction in which year; and, (5) Provide information and recommendations as requested by the City Council and administration. (c) Qualifications and Membership. Members of the Council on Aging Commission will conform to the requirements as established by KMC 1.90, except that members need only to reside on the Kenai Peninsula and 51% of whom must be 55 years or older. The Commission shall be comprised of not more than nine members who will be chosen based on their interest in challenges and opportunities for local senior citizens. (d) Bylaws. The Council on Aging Commission may have its own bylaws approved by the City Council that provide guidance and direction for the Council on Aging Commission to the extent that they do not conflict with the City’s Code of Ordinances. If a conflict should arise between the bylaws and City’s Code of Ordinances, City Code will control. 1.95.040 Harbor Commission. (a) Purpose. The purpose of the Harbor Commission is to advise the Council and administration on issues involving City harbor facilities and tidal or submerged lands owned by the City. (b) Duties and Powers. The Harbor Commission will: (1) Review and provide recommendations on any master plans for the development of harbor or port facilities for the City. This may include: (i) Development of the type, location, and sequence of all public harbor facilities; and, (ii) The relocation, removal, extension, or change of use of existing harbor facilities. (2) Act in an advisory capacity to the Council and administration regarding matters related to City harbor facilities, tide or submerged lands. Make recommendations to the Council and administration relative to the care, control, and development of tide and submerged lands; and, (3) 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 the recommended capital improvements which, in the opinion of the Commission, are necessary or desirable to be constructed during the forthcoming five-year period. Such list will be arranged in order of preference, with recommendations as to which projects are recommended for constructed in which year; and, (4) Review all City leases of City-owned tide and submerged lands and make recommendations to the City Council and administration; and, (5) Provide information and recommendations as requested by the City Council and administration; and, (6) Advise and provide recommendations to the administration as requested on the qualifications for a Harbor Master. Commented [SS28]: Council on Aging recommended lowering this age from 60 to 55. Commented [SS29]: This new section of code incorporates KMC 11.10 and includes amendments which were recommended by the Harbor Commission during their February 12, 2024 meeting. Section 3 of this ordinance will repeal KMC 11.10 in its entirety. 42 Ordinance No. XXXX-2024 Page 10 of 14 New Text Underlined; [DELETED TEXT BRACKETED] (c) Qualifications and Membership. Members of the Harbor Commission will conform to the requirements of KMC 1.90, except the commission may at the discretion of the Council have up to two non-resident members. 1.95.050 Parks and Recreation Commission. (a) Purpose. The purpose of the Parks and Recreation Commission is to advise the Council and administration on issues involving the City’s parks and recreational facilities. (b) Duties and Powers. The Parks and Recreation Commission will: (1) Review and provide recommendations on any master plans for the physical development of recreation facilities for the City. Such master plans with accompanying maps, plats, charts, descriptive, and explanatory matter, may show the Commission’s recommendations for the development of the City’s recreation facilities including: (i) Development of the type, location, and sequence of all public recreation facilities; and, (ii) The relocation, removal, extension, or change of use of existing recreation facilities. (2) Advise the Council and Administration on concerns and recommendations regarding parks and recreational facilities within the City including recommendations for consideration by the Administration in the development of the Parks and Recreation Department’s annual budget; and, (3) Submit annually to the City Manager and Council, not less than ninety 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 forthcoming five-year period. Such list will be arranged in order of preference, with recommendations as to which projects are recommended for construction in which year; and, (4) Provide information and recommendations as requested by the City Council and administration; and, (5) Advise and provide recommendations to the Administration as requested on the qualifications for a Director of Parks and Recreation. (c) Qualifications and Membership. Members of the Parks and Recreation Commission will conform to the requirements of KMC 1.90, except the commission may at the discretion of the Council have up to two non-resident members. Section 3. Repeal of Chapter 11.10 of Kenai Municipal Code: That Kenai Municipal Code, Chapter 11.10 Harbor Commission is hereby repealed as follows: [CHAPTER 11.10 HARBOR COMMISSION 11.10.010 DUTIES AND POWERS. (A) THE HARBOR 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 HARBOR OR PORT FACILITIES FOR THE CITY. SUCH MASTER PLAN WITH ACCOMPANYING MAPS, PLATS, CHARTS, DESCRIPTIVE, AND EXPLANATORY MATTER, SHALL SHOW THE HARBOR COMMISSION’S RECOMMENDATIONS FOR THE DEVELOPMENT OF THE CITY HARBOR FACILITIES MAY INCLUDE, AMONG OTHER THINGS: (I) DEVELOPMENT OF THE TYPE, LOCATION, AND SEQUENCE OF ALL PUBLIC HARBOR FACILITIES; (II) THE RELOCATION, REMOVAL, EXTENSION, OR CHANGE OF USE OF EXISTING HARBOR FACILITIES; Commented [SS30]: This new section of code incorporates KMC Title 19 and includes amendments which were recommended by the Parks & Recreation Commission during their February 1, 2024 meeting. Section 4 of this ordinance will repeal KMC Title 19 in its entirety. 43 ---- ---- ---- Ordinance No. XXXX-2024 Page 11 of 14 New Text Underlined; [DELETED TEXT BRACKETED] (2) 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 THE RECOMMENDED CAPITAL IMPROVEMENTS WHICH, IN THE OPINION OF THE COMMISSION, ARE NECESSARY OR 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. (3) MAKE INVESTIGATIONS REGARDING ANY MATTER RELATED TO CITY HARBOR FACILITIES, TIDE OR SUBMERGED LANDS. MAKE RECOMMENDATIONS TO THE COUNCIL RELATIVE TO THE 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 AS TO THE PLANNED IMPROVEMENTS PROPOSED AND MAKE RECOMMENDATIONS TO THE CITY COUNCIL. (5) MAKE AND PREPARE REPORTS AND PLANS FOR APPROVAL BY THE CITY COUNCIL. (6) COORDINATE PUBLIC EFFORTS, INDIVIDUAL AND GROUP, TO THE EFFECTUATION OF APPROVED PLANS. (7) SHALL ACT IN ADVISORY CAPACITY IN THE SELECTION OF A HARBOR MASTER SHOULD SUCH A POSITION BE CREATED BY THE CITY COUNCIL.] Section 4. Enactment of Section 14.05.050 of Kenai Municipal Code: That Kenai Municipal Code, Section 14.05.050 - Membership, Qualifications and Proceedings, is hereby enacted as follows: 14.05.050 - Membership Qualifications and Procedures. (a) The Planning and Zoning Commission will consist of seven members, who will be nominated by the Mayor and confirmed by the City Council in accordance with KMC 14.05.015 , and the following: (1) Members must be a resident of the City of Kenai, except the commission may have up to one member that is not a resident of the City if that member has a controlling ownership interest in a business physically located in the City. This provision specifically does not create a designated seat for a non-resident. (2) Members may not be an officer or employee of the City. (3) If a member who is required to reside in the City, moves their residence outside of City limits, or if a member who is required to have a controlling ownership interest in a business physically located in the City, relinquishes their controlling ownership interest of the business physically located in the City, or if a member is elected or appointed as an officer or employee of the City, the term of such member will terminate immediately. (4) After completion of a partial term, the Mayor with confirmation of the Council may reappoint the member or recommend a replacement in accordance with KMC 14.05.015. (5) If a member is absent, without the body excusing the absence for good cause from more than one-half of all the regular or special meetings held within any period of three consecutive calendar months, the member will thereupon cease to hold the seat. A commission member may not have more than three excused absences during a twelve-month calendar year. (b) The Commission will have regularly scheduled meetings which will be open to the public. Procedures and preceding of the commission will include, but are not limited to the following: (1) Annual meeting schedules, meeting cancellations or holding special meetings will conform to policy set by the City Council. (2) A chair and vice-chair will be elected annually from and by the appointed members. Commented [SS31]: This would be a completely new section to the Planning and Zoning Commissions Code within Title 14. The intent is to include the current provisions from 1.90 that apply to the Planning and Zoning Commission into their section of code. The Planning and Zoning Commission does not fall under the description of an Advisory Body; although they do at time make advisory decisions, they also have decision making authority and act in a quasi-judicial capacity. 44 Ordinance No. XXXX-2024 Page 12 of 14 New Text Underlined; [DELETED TEXT BRACKETED] (3) The most current edition of Robert’s Rules of Order Newly Revised will govern all meetings, unless otherwise specified in KMC 1.15.060 motions; KMC 1.15.100 speaking; and KMC 1.15.110 voting. (4) Permanent record or minutes will be kept for regular and special meetings, and such minutes will record the vote of each member upon every question. (5) Every decision or finding will be filed in the office of the Clerk and will be a public record open to inspection by any person. (6) The Clerk is responsible for ensuring that all members of commissions are provided a copy of this section. (c) At the organizational meeting of Council, or as soon thereafter as practicable, the Mayor, after consultation with Council, will nominate a Council Members as council liaison to the Planning and Zoning Commission. The following applies to the Council Liaisons: (1) After confirmation by Council, the council liaison may attend all meetings of the commission. (2) The council liaison is a non-voting member and may not participate in the debate of the commission. (3) Any Council Member may attend meetings or work sessions when serving as an alternate for the council liaison, or in their capacity as elected officials. (4) Other Council Members may attend a meeting or work session of the commission; however, no more than three Council Members may attend any one meeting without additional public notice. (d) City administrative staff will attend and supply staff support to all meetings of the commission. Section 5. Repeal of Chapter 19.05 of Kenai Municipal Code: That Kenai Municipal Code, Chapter 19.05 Parks and Recreation Commission is hereby repealed as follows: [CHAPTER 19.05 PARKS AND RECREATION COMMISSION SECTIONS: 19.05.010 CREATION. 19.05.020 DUTIES AND POWERS. 19.05.030 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 ORD. 1161) 19.05.020 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 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. Commented [SS32]: From Council Policy 20.020 G.2. Commented [SS33]: From Council Policy 20.020 G.1. 45 Ordinance No. XXXX-2024 Page 13 of 14 New Text Underlined; [DELETED TEXT BRACKETED] (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 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. 19.05.030 TERMS AND APPOINTMENTS TO VACANCIES. (ORDS. 416, 430, REPEALED ORD. 1161) 19.05.040 QUALIFICATIONS OF COMMISSION MEMBERS. (ORDS. 416, 619, REPEALED ORD. 1161) 19.05.050 PROCEEDINGS OF COMMISSION. (ORD. 416, REPEALED ORD. 1161)] Section 6. Repeal of Chapter 21.20 of Kenai Municipal Code: That Kenai Municipal Code, Chapter 21.20 Airport Commission is hereby repealed as follows: [21.20 AIRPORT COMMISSION SECTIONS: 21.20.010 DUTIES AND POWERS. 21.20.020 QUALIFICATIONS. 21.20.030 MEMBERSHIP. 21.20.010 DUTIES AND POWERS. THE COMMISSION SHALL: (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. 21.20.020 QUALIFICATIONS. MEMBERS OF THE AIRPORT COMMISSION WILL CONFORM 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. 21.20.030 MEMBERSHIP. THE COMMISSION SHALL COMPRISE OF SEVEN (7) MEMBERS WHO SHALL BE CHOSEN SO AS TO REPRESENT BROADLY THE FOLLOWING AREAS: (A) ONE MEMBER, FIXED BASE OPERATOR (FBO). (B) ONE MEMBER, LESSEE OF AIRPORT AERONAUTICAL LANDS OR TERMINAL FACILITY. 46 Ordinance No. XXXX-2024 Page 14 of 14 New Text Underlined; [DELETED TEXT BRACKETED] (C) ONE MEMBER, WITH EXPERTISE IN FEDERAL AVIATION ADMINISTRATION FUNCTIONS. (D) ONE MEMBER, REPRESENTING THE CIVIL AIR PATROL. (E) THREE MEMBERS, AT-LARGE, REPRESENTING THE BUSINESS AND PROFESSIONAL COMMUNITY. (F) ONE NON-VOTING MEMBER, REPRESENTING AD HOC MEMBER OF THE KENAI CITY COUNCIL.] Section 7. That the Council on Aging Commission By-Laws as amended and attached are hereby approved. Section 8. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 8. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 15th DAY OF MAY, 2024. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Introduced: May 1, 2024 Enacted: May 15, 2024 Effective: June 14, 2024 47 MEMORANDUM TO: Parks and Recreation Commission FROM: Scott Bloom, City Attorney DATE: January 24, 2024 SUBJECT: Proposed Amendments to KMC Chapter 19.05 and KMC Chapter 1.90 On January, 4, 2024 Terry Eubank, City Manager, Shellie Saner, City Clerk, and I met with your Commission in a work session to discuss possible code changes to KMC Chapter 19.05- Parks and Recreation Commission and KMC Chapter 1.90- Standard Procedures for Board, Commissions and Committees, as well as other procedures (such as an annual work plan) with the goal of improving the efficiency of your commission and making sure your valuable time as a commissioner is used wisely. Attached to this Memorandum in Attachment A are the code changes we discussed. The changes are shown in legislative format. Underlined words are new suggestions while words in all caps are suggested for removal. In addition, comments regarding each change are provided in red. These comments are for discussion purposes only for this Commission. If the Commission wishes to recommend Council approve the proposed amendments to code, a motion will be needed. For example, “I move to recommend that the City Council adopt the proposed amendments to KMC Chapter 19.05 and Chapter 1.90 as provided in attachment A”. After the main motion has been made and seconded the subject will be before the commission for discussion and additional amendments. If additional amendments are proposed they must be made in the form of a motion, be seconded and voted on. Once discussion is complete and no additional amendments are proposed, the main motion will be voted on. All proposed amendment(s) that are approved by a majority of the Commission will be forwarded by the Administration to the Council in the form of an Ordinance, the Ordinance will also likely include recommended changes from other City Commissions that are relevant to their code sections. The Administration may also recommend moving code provisions pertaining to the Parks and Recreation Commission into a different section of code, from KMC 19.05 into KMC 1.90, for organizational purposes only, but a final recommendation on this change is still in the works. It would not have any material effect on the Commission. Thank you for your consideration. 5 Attachment C 48 City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city Chapter 19.05 PARKS AND RECREATION COMMISSION Sections: 19.05.010 Creation. 19.05.020 Duties and powers. 19.05.030 Terms and appointments to vacancies. 19.05.040 Qualifications of Commission members. 19.05.050 Proceedings of Commission. 19.05.010 [Creation] Purpose. The purpose of the Parks and Recreation Commission is to advise the Council and administration on issues involving the City’s parks and recreational facilities. This proposed new section of code is intended just to clearly state the purpose of the commission. 19.05.020 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] Review and provide recommendations on any master plans for the physical development of recreation facilities for the City. Such master plans with accompanying maps, plats, charts, descriptive, and explanatory matter, [SHALL] may show the Commission’s recommendations for the development of the City’s recreation facilities[Y MAY] including[E], among other things: As discussed previously, these changes reflect that the commission itself is not independently responsible for any master plans, but that the 649 Commission’s role to provide recommendations on such plans as they are developed. Changes are also included to reflect that the City does not currently have any parks or recreation master plans, and while they are desired by the current administration it is unclear when funding might be available to hire a consultant to assist in completing such plans. (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 forthcoming [THREE (3)] five year period. Such list shall be arranged in order of preference, with recommendations as to which projects [SHALL BE] are recommended for construction [ED] in which year. The changes in this section are intended to reflect the actual timeline utilized by the City in its capital planning and that these are recommendations dependent on funding. (c) [MAKE INVESTIGATIONS REGARDING ANY MATTER RELATED TO CITY RECREATION] Advise the Council and Administration on concerns and recommendations regarding parks and recreational facilities within the City including recommendations for consideration by the Administration in the development of the Parks and Recreation Department’s annual budget. This change is recommended to reflect that the commission really doesn’t have a budget or authority to independently carry out investigations, but instead its role is to advise and make recommendations to administration and the City Council. Changes to this section further specifically seek recommendations in the Department’s annual budget preparations. (d) Provide information and recommendations as requested [MAKE AND PREPARE REPORTS AND PLANS FOR APPROVAL] by the City Council. This change reflects again that rather than acting independently, the commission’s role is really to gather information and make recommendation on issues requested by the Council. 750 (e) Advise and provide recommendations to the Administration as requested on the qualifications for [SHALL ACT IN ADVISORY CAPACITY IN THE SELECTION OF] a Director of Parks and Recreation. This change was requested by some members of the commission. Because this role is unique in current code to this Commission and the harbor Commission in the selection of a harbor master, it is the City Manager’s preference that this be removed entirely, but with the new language the City manager is not strongly opposed to it. 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 boards, commissions and committees created by the Council of the City of Kenai, [SHALL] unless otherwise specified, will 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 chair and vice-chair shall be selected annually and shall be elected from and by the appointed members. At the organizational meeting of Council, or as soon thereafter as practicable, the Mayor, after consultation with Council, shall nominate Council Members as a council liaison to any board, commission or committee. After confirmation by Council, the council liaison may attend all meetings of the board, commission or committee. A council liaison is not a member of, and shall have no voting power or any other rights of membership on, the board, commission or committee. The Mayor and other Council Members may attend meetings of boards, commissions or committees when serving as an alternate for the Council liaison, or in 851 their capacity as elected officials. City administrative staff shall attend and supply staff support to all meetings of boards, commissions and committees. This change is just to reflect that the Council on Aging can have a different number of members. 1.90.020 Duties. (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 City Council and administration unless otherwise specified in the City Code. This change reflects that commission advise administration and not just the City Council. (b) If the board, commission or committee has income stated within the City of Kenai annual budget, said board, commission or committee shall work with the City Manager to establish expenses projected for the year for approval by the City Council. (Ord. 2748-2014) 1.90.030 Qualifications. (a) A member of a board, commission or committee must be a resident of the City of Kenai, unless the board, 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 or her residence from the corporate limits of the City of Kenai (if applicable), is an officer or employee of the City of Kenai, or shall be elected or appointed as an officer or employee of the City of Kenai, the service of such member shall terminate immediately. He or she should be aware that he or she 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 (2) non-resident members each. 952 (c) The Planning and Zoning Commission may have up to one member that is not a resident of the City if they have a controlling ownership interest in a business physically located in the City. This provision specifically does not create a designated seat for a non-resident. (Ords. 1948-2002, 2320-2008, 2829-2015) 1.90.040 Terms. (a) A member of a board, commission or committee shall serve for a term of three (3) years, unless the board, 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 board, commission or committee member shall be staggered so that three (3) members will be appointed for one (1) year; two (2) members will be appointed for two (2) years; and two (2) members will be appointed for three (3) years. Terms shall commence on January 1st of each year. 1.90.050 Proceedings. (a) All boards, commissions and committees will have regularly 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 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 person. All acts of 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 or her committee, commission or board, regular and special, held within any period of three (3) consecutive calendar months, he or she shall thereupon cease to hold the seat. A 1053 commission, committee or board member may not have more than three (3) excused absences during a twelve (12) month calendar year. (c) In all matters of parliamentary procedure, the most current edition of Robert’s Rules of Order Newly Revised shall be applicable and govern all meetings, unless as specified in KMC 1.15.060, motions; KMC 1.15.100, speaking; and KMC 1.15.110, 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 Committees lies with the City Clerk. (Ords. 1610-94, 2017-2003, 2050-2004, 2140-2006, 2614-2012, 3202-2021) 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) The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023. Disclaimer: The City Clerk has the official version of the Kenai Municipal Code. Users should contact the City Clerk for ordinances passed subsequent to the ordinance cited above. City Website: www.kenai.city City Telephone: (907) 283-7535 Hosted by Code Publishing Company, A General Code Company. 1154 55 KENAI PARKS & RECREATION COMMISSION -REGULAR MEETING FEBRUARY 1, 2024-6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 VICE CHAIR SOVALA KISENA, PRESIDING ACTION MINUTES A. CALL TO ORDER A Regular Meeting of the Parks & Recreation Commission was held on February 1, 2024, in the Kenai City Council Chambers, Kenai, AK. Vice Chair Kisena called the meeting to order at approximately 6:00 p.m. 1. Pledge of Allegiance Vice Chair Kisena led those assembled in the Pledge of Allegiance. 2 . Roll Call There were present: Savala Kisena, Vice Chair Kyle Graham Michael Bernard A quorum was present. Absent: Grant Wisniewski, Chair Also in attendance were: Nigel LaRiccia Jennifer Joanis Charlie Stephens Tyler Best, Parks & Recreation Director Jenna Brown, Parks & Recreation Assistant Director Terry Eubank, City Manager Shellie Saner, City Clerk 3. Agenda Approval MOTION: Commissioner Joanis MOVED to approve the agenda as presented. Commissioner Stephens SECONDED the motion. VOTE: There being no objection; SO ORDERED. B. SCHEDULED PUBLIC COMMENTS -None. C. UNSCHEDULED PUBLIC COMMENTS -None . D. APPROVAL OF ACTION MINUTES 1. January 4, 2024 MOTION:- Commissioner Joanis MOVED to approve the January 4, 2024 Parks & Recreation Commission minutes. Commissioner LaRiccia SECONDED the motion . Parks & Recreation Commission Meeting February 1, 2024 Page 1 of 2 56 VOTE: There being no objection; SO ORDERED. E. UNFINISHED BUSINESS 1. Discussion/Recommendation -Recommendations to Council for Changes to Kenai Municipal Code Chapter 19.05 Parks and Recreation Commission, and Chapter 1.90 Standards for Boards, Commissions and Committees. MOTION: Commissioner Stephens MOVED to recommend City Council approval of the changes to Kenai Municipal Code Chapter 19.05 Parks and Recreation Commission, and Chapter 1.90 Standards for Boards, Commissions and Committees. Commissioner Joanis SECONDED the motion. Director Best gave a staff report from information provided in the packet; City Clerk saner clarified the intent of the changes. Discussion ensued: Commissioner Joanis and Vice Chair Kisena spoke in support. UNANIMOUS CONSENT was requested on the motion. VOTE: There being no objection; SO ORDERED. F. NEW BUSINESS G. REPORTS 1. Parks & Recreation Director -No report. 2. Commission Chair -No report. 3. City Council Liaison -No report. H. ADDITIONAL PUBLIC COMMENTS -None. I. NEXT MEETING ATTENDANCE NOTIFICATION-March 7, 2024 Commissioner Stephens noted he would be absent. J. COMMISSION QUESTIONS AND COMMENTS -None. K. ADJOURNMENT L. INFORMATIONAL ITEMS-None. There being no further business before the Parks & Recreation Commission, the meeting was adjourned at 6:11 p.m. I certify the above represents accurate minutes of the Parks & Recreation Commission meeting of Feb~- Meghan Thibo Deputy City Clerk Parks & Recreation Commission Meeting February 1, 2024 Page 2 of 2 Kenai City Council - Regular Meeting Page 1 of 3 April 17, 2024 Kenai City Council - Regular Meeting April 17, 2024 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska www.kenai.city **Telephonic/Virtual Information on Page 3** Action Agenda A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Approval of the Agenda and Consent Agenda (Public comments on Consent Agenda Items limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *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. B. SCHEDULED ADMINISTRATIVE REPORTS C. SCHEDULED PUBLIC COMMENTS (Public comments limited to ten (10) minutes per speaker) D. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker; thirty (30) minutes aggregated) E. PUBLIC HEARINGS 1. ENACTED UNANIMOUSLY. Ordinance No. 3407-2024 - Accepting and Appropriating a Volunteer Fire Assistance Grant from the United States Department of Agriculture Forest Service Passed through the State of Alaska Division of Forestry for the Purchase of Forestry Firefighting Equipment. (Administration) 2. ENACTED UNANIMOUSLY. Ordinance No. 3408-2024 - Accepting and Appropriating a State of Alaska Code Blue Fiscal Year 2025 Grant Passed through the Southern Region EMS Council, Inc. to Purchase Two Video Laryngoscopes. (Administration) 3. ADOPTED UNANIMOUSLY. Resolution No. 2024-14 - Authorizing a Contract Award and Corresponding Purchase Order for Professional Architectural and Engineering Services for the Water Treatment Plant Pumphouse Project. (Administration) 4. ADOPTED UNANIMOUSLY. Resolution No. 2024-15 - Approving Amendments to the Agreement for Contract Services for Vintage Pointe Manor Congregate Housing. (Administration) F. MINUTES 1. *Regular Meeting of April 3, 2024. (City Clerk) G. UNFINISHED BUSINESS 57 ~ K(;NAI Kenai City Council - Regular Meeting Page 2 of 3 April 17, 2024 H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Purchase Orders and Purchase Order Amendments Requiring Council Approval in Accordance with KMC 7.15.020. (Administration) 3. APPROVED UNANIMOUSLY BY SUBSTITUTE. *Action/Approval - Special Use Permit to Jeremy Mastre, DBA: River Rock Outdoors, LLC for Commercial Operations at the Kenai Municipal Airport Float Plane Basin. (Administration) 4. *Ordinance No. 3409-2024 - Increasing Estimated Revenues and Appropriations in the General Fund - Police Department and Accepting Grants from the United States Department of Justice and Alaska Municipal League Joint Insurance Association for the Purchase of a Ballistic Vest. (Administration) 5. *Ordinance No. 3410-2024 - Accepting and Appropriating a Grant Received through Maddie’s Fund to the Kenai Animal Shelter for the Care of Animals. (Administration) 6. *Ordinance No. 3411-2024 - Amending Kenai Municipal Code 13.10.015 - Minor Offense Fine Schedule, to Increase the Paid Parking Fine and Make Housekeeping Changes. (Administration) 7. APPROVED UNANIMOUSLY AS AMENDED. Action/Approval - Authorizing a Letter of Support for House Bill 173 to Raise the Threshold for Municipal Contracts Qualifying for Little Davis Bacon Act. (Administration) I. COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee J. REPORT OF THE MAYOR K. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk L. ADDITIONAL PUBLIC COMMENTS 1. Citizens Comments (Public comments limited to five (5) minutes per speaker) 2. Council Comments M. EXECUTIVE SESSION N. PENDING ITEMS O. ADJOURNMENT 58 Kenai City Council - Regular Meeting Page 3 of 3 April 17, 2024 P. INFORMATION ITEMS The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. Registration is required to join the meeting remotely through Zoom. Please use the link below to register: https://us02web.zoom.us/meeting/register/tZAvf-mpqzgjGdbMjgL6xB4XQ2AMw4RQWnJ7 59