Loading...
HomeMy WebLinkAbout2024-05-09 Council on Aging PacketKENAI COUNCIL ON AGING REGULAR MEETING MAY 9, 2024 - 3:00 P.M. KENAI SENIOR CENTER 361 SENIOR CT., KENAI, AK 99611 *Telephonic/Virtual Information on Page 2* 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 11, 2024 .................................................................................................... Pg. 3 E.UNFINISHED BUSINESS F.NEW BUSINESS 1.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. 6 2.Discussion - Selection of a Council on Aging Member to Attend the May 15, 2024 City Council Meeting for the Purpose addressing the City Council Regarding the Council on Aging Work Plan…………………………………………………………..Pg. 56 3.Discussion - Pledge of Allegiance at Lunchtime…………………………………..Pg. 57 G.REPORTS 1.Senior Center Director 2.Council on Aging Chair 3.City Council Liaison………………………………………………………………….Pg. 58 H.ADDITIONAL PUBLIC COMMENT I.NEXT MEETING ATTENDANCE NOTIFICATION – June 13, 2024 J.COMMISSION QUESTIONS AND COMMENTS K. ADJOURNMENT 1 L. INFORMATIONAL ITEMS Join Zoom Meeting https://us02web.zoom.us/j/87253557972?pwd=YzVER1RqOVU2OXdqRWRNZU13R0ROUT09 Meeting ID: 872 5355 7972 Password: 209020 OR Dial in by your Location: (253) 215-8782 or (301) 715-8592 Meeting ID: 872 5355 7972 Password: 209020 2 KENAI COUNCIL ON AGING – REGULAR MEETING APRIL 11, 2024 – 3:00 P.M. KENAI SENIOR CENTER 361 SENIOR CT., KENAI, AK 99611 CHAIR KEN AYERS, PRESIDING Council on Aging Meeting Page 1 of 3 April 11, 2024 ACTION MINUTES A. CALL TO ORDER A Regular Meeting of the Council on Aging was held on April 11, 2024, at the Kenai Senior Center, Kenai, AK. Chair Ayers called the meeting to order at approximately 3:00 p.m. 1. Pledge of Allegiance Chair Ayers led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Ken Ayers, Chair Rachael Craig, Vice Chair Velda Geller William Sadler Frances Kilfoyle Kit Hill Jim Glendening A quorum was present. Absent: Barbara Modigh Also in attendance were: Kathy Romain, Senior Center Director Red Piersee, Senior Center Administrative Assistant Kayla Feltman, Senior Center Activity/Volunteer Coordinator Victoria Askin, City Council Liaison 3. Agenda Approval MOTION: Member Glendening MOVED to approve the agenda as presented. Vice Chair Craig 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 8, 2024 MOTION: Member Hill MOVED to approve the February 8, 2024 Council on Aging minutes. Vice Chair Craig SECONDED the motion. 3 Council on Aging Meeting Page 2 of 3 April 11, 2024 VOTE: There being no objection; SO ORDERED. E. UNFINISHED BUSINESS – None. F. NEW BUSINESS 1. Discussion/Recommendation - Approving the Council on Aging Commission 2024 Annual Work Plan MOTION: Member Glendening MOVED to recommend City Council approval of Objective #1, “Enhance Kenai Senior Center (KSC) Community Outreach and Membership”. Member Hill SECONDED the motion. UNANIMOUS CONSENT was requested on the motion. VOTE: There being no objection; SO ORDERED. MOTION: Vice Chair Craig MOVED to recommend City Council approval of Objective #2, “Discuss and Research Adding More Seniors Housing for the City of Kenai.” Member Glendening SECONDED the motion. UNANIMOUS CONSENT was requested on the motion. VOTE: There being no objection; SO ORDERED. MOTION: Member Hill MOVED to recommend City Council approval of Objective #3, “Assist the KSC Staff in Researching Topics that can Enrich Senior Programs.” Vice Chair Craig SECONDED the motion. UNANIMOUS CONSENT was requested on the motion. VOTE: There being no objection; SO ORDERED. G. REPORTS 1. Senior Center Director – Director Romain reported on the following: • Reviewed Senior Center Monthly Report as provided in the packet. • Explained that the Council would be voting on all of the individual commission work plans in future session. • Brief review of the recent March for Meals fundraiser. • Program in budget planning for upcoming council approval. New budget will include training funds for Red to attend Agenet fly-in in Juneau and Kayla to attend National Association of Activity Professionals conference. • Brief reminder of annual surveys and the requirements of this data in State reporting. 2. Commission Chair – Chair Ayers gave a brief review of the commission goals and appreciation for all of the input from members. 3. City Council Liaison – Council Member Askin reported on recent activities of the City Council. H. ADDITIONAL PUBLIC COMMENTS – None. I. NEXT MEETING ATTENDANCE NOTIFICATION – Thursday, May 9, 2024 J. COMMISSION QUESTIONS AND COMMENTS 4 Council on Aging Meeting Page 3 of 3 April 11, 2024 Chair Ayers brought up some suggestions for future survey questions such as giving examples of cost saving ideas and including the costs associated with the center budget. He would like to give suggestions on the next year’s survey. Member Hill suggested on the survey separating the question of cleanliness of the Senior Center and the agency vehicles as some patrons do not use the transportation services. K. ADJOURNMENT L. INFORMATIONAL ITEMS 1. Senior Center Monthly Report – March 2024 There being no further business before the Council on Aging, the meeting was adjourned at 3:30 p.m. I certify the above represents accurate minutes of the Council on Aging meeting of April 11, 2024. ___________________________________ Meghan Thibodeau Deputy City Clerk 5 MEMORANDUM TO: Chair Ayers and Council on Aging Members FROM: Shellie Saner, City Clerk DATE: April 26, 2024 SUBJECT: Discussion/Recommendation - Recommendation to Council on Enactment of Ordinance No. 3416-2024. On January 16, 2024 City Manager Eubank, City Attorney Bloom and I met with the Council on Aging (COA) in a work session to discuss possible code changes to KMC Chapter 1.90 - Standard Procedures for Boards, Commissions and Committees, possibly codifying the Council on Aging and amendments to the Council on Aging By-Laws. The code changes discussed with the COA and proposed amendments to the By-Laws were drafted and brought back for the COA’s consideration and recommendation during the February 8, 2024 meeting. The COA unanimously recommended Council approve the proposed amendments to KMC 1.90, the COA By-Laws, and codify the Council on Aging Commission. 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 structural and organizational amendments to code. Portions of the proposed Ordinance effecting the COA include a complete repeal, reenactment and renaming of Chapter 1.90 - Standard Procedures for Boards, Commissions and Committees to a new Chapter 1.90 - General Standards for Standing Advisory Commissions; enactment of a new Chapter 1.95 - Standing Advisory Commissions and enactment of a new section within the Chapter 1.95.030 - Council on Aging Commission; and approval of the Council on Aging Commission By-Laws as amended. During your February 8, 2024 meeting the COA 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). 6 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 1.95.030 - Council on Aging Commission in various forms by including throughout the new code, “advise the Council and Administration”. Creation of a new Chapter for the Council on Aging Commission: The Commission recommended enactment of a new section of code for the Council on Aging Commission, this new chapter is included in the proposed ordinance as 1.95.030 - Council on Aging Commission. This proposed new Chapter is written as recommended by the COA at the February 8, 2024 meeting with one exception as follows: • A new subparagraph was added as 1.95.030(b)(5) that reads, “Provide information and recommendations as requested by the City Council and Administration.” This language is included in the proposed new code for other advisory bodies, and was added to align with the other advisory commissions. Attachments: A - City Council Ordinance No. 3416-2024 and Memo. B - Draft Copy of Ordinance No. 3416-2024 with Comments. C - February 8, 2024 Council on Aging Packet Items and Approved Minutes. D - The Council on Aging Commission By-Laws as proposed for amendment. 7 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 8 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. 9 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. 10 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. 11 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. 12 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: 13 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, 14 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, 15 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. 16 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. 17 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. 18 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. 19 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 20 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). 21 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 22 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 23 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. 24 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. 25 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. Attachments: A - Draft Ordinance Copy with Comments B - March 14, 2024 Airport Commission Packet Item and Approved Minutes C - February 13, 2024 Beautification Packet Item and Draft Minutes D - February 8, 2024 Council on Aging Packet Item(s) and Approved Minutes E - Amended Council on Aging By-Laws as recommended by the Council on Aging F - February 12, 2024 Harbor Commission Packet Item and Draft Minutes G - February 1, 2024 Parks and Recreation Commission Packet Item and Approved Minutes 26 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 27 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). 28 Ordinance No. XXXX-2024 Page 3 of 14 New Text Underlined; [DELETED TEXT BRACKETED] 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. (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 W ILL 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. Commented [SS6]: Paragraphs (A) and (B) were both omitted in the new 1.90; however, duties have been included in the new code sections for each individual commission based on meetings with each body. Section 2 of the Ordinance: 1.95.010 (b)(2) - Airport Duties 1.95.015 (b)(3) - Beautification Duties 1.95.020 (b)(2) - COA Duties 1.95.025 (b)(2) - Harbor Duties 1.95.030 (b)(2) - Parks & Rec Duties Commented [SS7]: The first three sentences were included in newly proposes 1.90.020(c) and in the new 14.05.050 paragraphs (a)(1-3) Commented [SS8]: This last sentence was included in newly proposed 1.90.020(d), it was omitted from the new 14.05.050 as Planning Commissioners receive a stipend. Commented [SS9]: This paragraph was omitted in the new 1.90; however, was included in the new code sections for the individual commission. Section 2 of the ordinance: 1.95.020(c) - Beautification 1.95.040(c) - Harbor 1.95.050(c) - Parks & Rec Note: Library Commission sunset in 2015. Airport and COA have different membership requirements. Commented [SS10]: This paragraph was omitted in the new 1.90; however, was included in the new section of code proposed within Title 14. Section 4 of this ordinance: 14.05.050 (a)(1)&(3) 29 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) 30 Ordinance No. XXXX-2024 Page 5 of 14 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. 1.90.015 Members, Appointments and Qualifications. 1.90.020 Terms. 1.90.025 Attendance. 1.90.030 Proceedings. 1.90.035 Liaisons. 1.90.040 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. Commented [SS19]: Included in new 1.90.050(f) and in the new 14.05.050(b)(6) Commented [SS20]: Included in new 1.90.070 Commented [SS21]: The blue highlighted portion of this sections new and is establishing in code one location that identifies the Standing Advisory Commissions of the City. 31 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. 32 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. 33 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. 34 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. 35 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. 36 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. 37 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. 38 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. 39 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 40 MEMORANDUM TO:Council on Aging FROM:Scott Bloom, City Attorney DATE:February 1, 2024 SUBJECT:Proposed Amendments to Bylaws and Creation of Code and Commission On January, 11, 2024 Terry Eubank, City Manager, Shellie Saner, City Clerk, and I met with your Commission in a work session to discuss possible changes the Council’s bylaws, creation of code for the Council, and changes to 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 Council and making sure your valuable time as a commissioner/ council member is used wisely. Attached to this Memorandum in Attachment A are proposed new code section for the Council on Aging. The new code provisions convert the Council on Aging into a City Commission and codify the general principals of the commission as provided in the current bylaws. In addition, comments regarding each change are provided in red. These comments are for discussion purposes only for this body. In addition, a set of revised bylaws are provided for discussion and recommendation to Council. These changes reflect discussions at your last meeting, as well as the conversion from a council to a commission and housekeeping changes. The changes are shown in color blue and red If the Council wishes to recommend Council approve the proposed codification of the Council on Aging, a motion will be needed. For example, “I move to recommend that the City Council adopt a new section of Kenai Municipal Code and amendments to KMC 1.90 as provided in attachment A”. After the main motion has been made and seconded the subject will be before the Council 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 council will be forwarded by the Administration to the City 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. A similar process would be appropriate to change the bylaws. The Administration will also likely recommend to the City Council moving code provisions pertaining to commissions within the existing code for organizational purposes only, but a final 5 Attachment C 41 Page 2 of 2 recommendation on this change is still in the works. It would not have any material effect on the Council. Thank you for your consideration. 642 Page 1 of 4 Chapter XX.XX COUNCIL ON AGING COMMISSION Sections: XX.XX.005 Purpose XX.XX.010 Duties and powers. XX.XX.020 Qualifications and membership. XX.XX.030 Bylaws. XX.XX.005 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. This proposed new section of code is intended to clearly state the purpose of the commission. XX.XX.010 Duties and powers. The Commission shall: (a)Review and provide recommendations on any master plans for senior citizen services provided by the City. This may include: (1)City owned facilities providing senior citizen services; (2)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. (c)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. (d)Make recommendations to the City Manager on the budget for the City’s Senior Center. (e) 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 shall be arranged in order of preference, with recommendations as to which projects are recommended for construction in which year. This sets out the duties and powers for the commission XX.XX.020 Qualifications and membership. Members of the Council on Aging 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 need only to reside on the Kenai Peninsula and 51% of whom must be 60 years or older. The Commission shall comprise of not more than nine members who shall be chosen based on their interest in challenges and opportunities for local senior citizens. This section defines the qualification and membership as provided in the bylaws. 743 Page 2 of 4 XX.XX.030 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. This section acknowledges the existence of the bylaws and describes their purpose. 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 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. 844 Page 3 of 4 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 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. 945 Page 4 of 4 (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. 1046 BY-LAWS [AND RULES OF PROCEDURE] FOR COUNCIL ON AGING COMMISSION KENAI, ALASKA BY-LAWS AND RULES OF PROCEDURE FOR COUNCIL ON AGING PAGE 1 [THE MEMBERS OF THE COUNCIL ON AGING, KENAI, ALASKA, A LOCAL COMMITTEE ORGANIZED UNDER THE LAWS OF THE STATE OF ALASKA, PURSUANT TO FEDERAL AND STATE FUNDING, HAVING AS ITS OBJECT, THE FOLLOWING CODE OF BY-LAWS AND RULES OF PROCEDURE AS ITS GUIDELINES IN ALL FUTURE OPERATIONS.] The members of the Council on Aging Commission adopt the following by-laws as its guidelines for all future operations subject to the City of Kenai Code of Ordinances. The mission of the Council on Aging Commission is to advise the [MAYOR,]City Council and City Administration, [DIRECTOR, AND THE CITY OF KENAI, ]of the needs of the elderly in the area, support the programs which enable the continued independence of senior citizens and to serve as an advisory [COMMITTEE,]commission [WHOSE PURPOSE AND MAKE-UP WILL BE SET FORTH UNDER ARTICLE I, SECTION 3]. The adoption of these by-laws [AND RULES] supersedes, replaces, and nullifies any and all previously enacted, utilized, or governing rules or by-laws except the City’s Code of Ordinances. [AND FURTHER, BY ADOPTION OF THESE BY-LAWS AND RULES, THE PREVIOUSLY EXISTING COUNCIL ON AGING IS DEEMED DISSOLVED.] Article I MEMBERSHIP The Council Commission may have a membership of not more than nine (9) members. Over one- half of the members shall be participants of the Senior Citizens' programs, sponsored by the City of Kenai. (a)The members of the Council Commission shall be chosen in the following manner: 1.Members shall be chosen from among persons who have shown an interest in the areas of the problems of the elderly challenges to the senior population. [2. THE MAYOR WILL APPOINT MEMBERS TO THE COUNCIL ON AGING COMMISSION SUBJECT TO CONFIRMATION BY THE CITY COUNCIL.] (b)The duties of the Council will be as follows: [a]1. Advise the Director of Senior Citizen Programs on matters dealing with the budgets for senior programs and programs operated at the Senior Center. [B FORWARD COPIES OF MEETING SUMMARIES TO THE CITY CLERK [MAYOR OF THE CITY OF KENAI], WHO, IN TURN, WILL FORWARD THE REPORT TO THE CITY COUNCIL.] [c]2. To the extent practical, communications, advice, and reports shall be in written form and shall represent a consensus of the committee. Article II ELIGIBILITY RESTRICTIONS [A MEMBER OF THE COMMISSIONUNCIL SHALL BE AN ADULT PERSON RESIDING IN THE CITY OF KENAI PENINSULA AREA, AND 51 % OF WHICH MUST BE SIXTY (6055) YEARS OF AGE OR OLDER.] No employee of the City of Kenai is eligible for membership. There will be no more than one member per household. Members Commented [SS1]: In the new proposed Council on Aging Commission code “Qualifications and Membership” establishes that the commission conforms to KMC1.90; and KMC 1.90.010 establishes that members are nominated by the Mayor and confirmed by the City Council. This is no longer needed in the By-Laws. Commented [SS2]: City Council Policy 20.020 establishes that action minutes for all commissions are produced by the Clerk’s Office, from notes kept by the Department Liaison during the meeting. This conflicts with that policy, I recommend removal from the By-Laws. Commented [SS3]: This same information has been included in the new proposed Council on Aging Commission Code “Qualifications and Membership” I recommend removal from the By-Laws to prevent any future amendments that may cause a conflict between code and the bylaws. 47 BY-LAWS AND RULES OF PROCEDURE FOR COUNCIL ON AGING PAGE 2 [Article III MEETINGS [REGULAR MEETINGS SHALL BE HELD MONTHLY ON THE SECOND THURSDAY OF THE MONTH AT THE SENIOR CENTER.] Special meetings may be called by the chairperson with approval of the Kenai City Clerk and notification of Commissionuncil and City Manager. Meetings may be cancelled by the City Clerk, with notification of Commissionuncil and City Manager, if cancellation is warranted, i.e. lack of agenda items, pre-knowledge of lack of quorum, etc. Participating senior citizens shall be notified of the date, time, and place of the meeting by the monthly newsletter, as well as receipt of the meeting agenda and packet. All meetings shall be open to the public. However, this does not automatically ensure participation by non-members of the Commissionuncil.] Article IV PLACE OF MEETINGS The meetings shall be held at the place designated as the Kenai Senior Citizens Center in Kenai, Alaska, or at the City of Kenai offices. Article V QUORUM A quorum shall be a majority of the current appointed membership as established in Article I. The affirmative vote of a majority present at a meeting is required to take action on any matter. A quorum of the Commissionuncil is defined as follows: 1.When the appointed membership is eight (8) or nine (9), a quorum shall be five (5). 2.When the appointed membership is seven (7) or lower, a quorum shall be (4). Article VI POWERS OF THE COUNCILCOMMISSION The powers of the Commissionuncil are advisory only and are derived from the federal, state, and city local governments which provide the funds for operation and all powers and activities shall be exercised in accordance with law. All action taken by this Commissionuncil shall be submitted to the City Administrator Council for and shall be subject to approval by the Kenai City Council unless otherwise specified in these By-Laws or City Code. Article VII OFFICERS Officers shall be elected annually for one-year terms at the first meeting each year when a quorum is present. There shall be a Chairperson and Vice-Chairperson. Officers are limited to two (2) successive terms in the same office. Commented [SS4]: Council Policy 20.020 establishes commission meeting schedules and is based on recommendations from the individual commissions. If the COA commission wished to recommend a change in their meeting schedule, having to recommend the change in only one document would streamline the process. 48 BY-LAWS AND RULES OF PROCEDURE FOR COUNCIL ON AGING PAGE 3 Article VIII TERM OF APPOINTMENT AND ATTENDANCE Members of the Commissionuncil are appointed by the City of Kenai to serve three (3) years or until termination by: 1.Resignation; 2.Request of Council on Aging Commission; 3.Upon request of the City of Kenai; or 4.If the member is absent, without the body excusing the absence for good cause, from more than one-half of all the meetings of the Council on Aging Commission, regular and special, held within any period of three (3) consecutive calendar months, the member shall thereupon cease to hold the seat. A member may not have more than three (3) excused absences during a twelve-month calendar year. The term of each appointed member of the Commissionuncil shall be three (3) years. The terms shall be staggered so that three (3) members shall be appointed every third year and three (3) members shall be appointed in each of the other years of every such three-year period. Article IX HONORARY MEMBER APPOINTMENT When a member is no longer able to actively participate on the Council on Aging Commission, the remaining membership may, by majority vote, request the Mayor to appoint the nonactive member to the Council on Aging Commission as an honorary member. The honorary member would be a non-voting member. Article X VOLUNTEERS Volunteers wishing to serve upon committees established by the Council on Aging Commission may be appointed by the Commissionuncil chairperson or his representative to do so without, therefore, becoming members of the CoCommissionuncil. Article XI RULES OF MEETING All meetings of the Commission uncil shalwill be conducted in accordance with rules of parliamentary practice and, in the absence of other authority, shall be governed by the provisions of Roberts Rules of Order. * * * * * * * * * * * * The Council on Aging Commission during their February XX10, 20242 meeting by a majority vote of the membership recommended Council approval of the amended By-Laws and Rules of Procedures. The Kenai City Council at their February 16, 2022___________ meeting approved the amended By-Laws and Rules of Procedures. 49 KENAI COUNCIL ON AGING -REGULAR MEETING FEBRUARY 8, 2024 -3:00 P.M. A. CALL TO ORDER KENAI SENIOR CENTER 361 SENIOR CT., KENAI, AK 99611 CHAIR KEN AYERS, PRESIDING ACTION MINUTES A Regular Meeting of the Council on Aging was held on February 8, 2024, at the Kenai Senior Center, Kenai, AK. Chair Ayers called the meeting to order at approximately 3:00 p.m. 1. Pledge of Allegiance Chair Ayers led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Ken Ayers, Chair Velda Geller Frances Kilfoyle Jim Glendening A quorum was present. Absent: Barbara Modigh Also-in attendance were: Rachael Craig, Vice Chair William Sadler Kit Hill Kathy Romain, Senior Center Director Red Piersee, Senior Center Administrative Assistant Kayla Feltman, Senior Center Volunteer/Activities Coordinator James Baisden, City Council Liaison Terry Eubank, City Manager Scott Bloom, City Attorney 3. Agenda Approval MOTION: Vice Chair Craig MOVED to approve the agenda as presented. Member Hill 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. January 16, 2024 MOTION: Member Hill MOVED to approve the January 16, 2024 Council on Aging minutes. Vice Chair Craig SECONDED the motion. Council on Aging Meeting February 8, 2024 Page 1 of 3 50 VOTE: There being no objection; SO ORDERED. E. UNFINISHED BUSINESS -None. F. NEW BUSINESS 1. Discussion/Recommendation -Recommendations to Council for Adoption of a New Section of Kenai Municipal Code Titled Council on Aging Commission, and Amendments to Chapter 1.90 Standards for Boards, Commissions and Committees. MOTION: Vice Chair Craig MOVED to recommend that the City adopt a new section of Kenai Municipal Code, proposed amendments to KMC 1.90 and the Council on Aging Bylaws as provided in the packet. Member Glendening SECONDED the motion. Director Romain gave a staff report from information provided in the packet; additional clarification was provided by City Manager Eubank and City Attorney Bloom. Discussion ensued; members spoke in support. UNANIMOUS CONSENT was requested on the motion. VOTE: There being no objection; SO ORDERED. 2. Discussion/Recommendation -Recommendations to Council for Amendments to Council on Aging Bylaws. Approved during the previous agenda item. G. REPORTS 1. Senior Center Director -Director Romain and Assistants Piersee and Feltman reported on the following: • Upcoming March for Meals Fundraiser event. • Cabinets have been added to the Senior Center craft room. • City Departments are preparing for the upcoming budget process. • Member surveys will be coming out in March; feedback from these surveys is important for Senior Center programs. • Upcoming Superbowl party at the Senior Center. 2. Commission Chair -Chair Ayers recognized new members Glendening, Sadler and Hill; asked for feedback on changes members would like to see regarding senior housing. 3. City Council Liaison -Council Member Baisden reported on recent actions of the City Council. H. ADDITIONAL PUBLIC COMMENTS -None. I. NEXT MEETING ATTENDANCE NOTIFICATION-March 14, 2024 J. COMMISSION QUESTIONS AND COMMENTS K. ADJOURNMENT L. INFORMATIONAL ITEMS -None. There being no further business before the Council on Aging, the meeting was adjourned at 3:30 p.m. Council on Aging Meeting February 8, 2024 Page 2 of 3 51 r I certify the above represents accurate minutes of the Council on Aging meeting of February 8, 2024 . ~ Meghan Thibodeau Deputy City Clerk Council on Aging Meeting February 8, 2024 Page 3 of 3 52 BY-LAWS FOR COUNCIL ON AGING COMMISSION KENAI, ALASKA BY-LAWS AND RULES OF PROCEDURE FOR COUNCIL ON AGING PAGE 1 The members of the Council on Aging Commission adopt the following by-laws as its guidelines for all future operations subject to the City of Kenai Code of Ordinances. The mission of the Council on Aging Commission is to advise the City Council and City Administration, of the needs of the elderly in the area, support the programs which enable the continued independence of senior citizens and to serve as an advisory commission. The adoption of these by-laws supersedes, replaces, and nullifies any and all previously enacted, utilized, or governing rules or by-laws except the City’s Code of Ordinances. Article I MEMBERSHIP The Commission may have a membership of not more than nine (9) members. Over one-half of the members shall be participants of the Senior Citizens' programs, sponsored by the City of Kenai. (a)The members of the Commission shall be chosen in the following manner: 1.Members shall be chosen from among persons who have shown an interest in the areas of challenges to the senior population. (b)The duties of the Council will be as follows: 1.Advise the Director of Senior Citizen Programs on matters dealing with the budgets for senior programs and programs operated at the Senior Center. 2.To the extent practical, communications, advice, and reports shall be in written form and shall represent a consensus of the committee. Article II ELIGIBILITY RESTRICTIONS No employee of the City of Kenai is eligible for membership. There will be no more than one member per household. Article III MEETINGS Special meetings may be called by the chairperson with approval of the Kenai City Clerk and notification of Commission and City Manager. Meetings may be cancelled by the City Clerk, with notification of Commission and City Manager, if cancellation is warranted, i.e. lack of agenda items, pre-knowledge of lack of quorum, etc. Participating senior citizens shall be notified of the date, time, and place of the meeting by the monthly newsletter, as well as receipt of the meeting agenda and packet. All meetings shall be open to the public. However, this does not automatically ensure participation by non-members of the Commission. Article IV PLACE OF MEETINGS The meetings shall be held at the place designated as the Kenai Senior Citizens Center in Kenai, Alaska, or at the City of Kenai offices. 53 BY-LAWS AND RULES OF PROCEDURE FOR COUNCIL ON AGING PAGE 2 Article V QUORUM A quorum shall be a majority of the current appointed membership as established in Article I. The affirmative vote of a majority present at a meeting is required to take action on any matter. A quorum of the Commission is defined as follows: 1. When the appointed membership is eight (8) or nine (9), a quorum shall be five (5). 2. When the appointed membership is seven (7) or lower, a quorum shall be (4). Article VI POWERS OF THE COMMISSION The powers of the Commission are advisory only and are derived from the federal, state, and city local governments which provide the funds for operation and all powers and activities shall be exercised in accordance with law. All action taken by this Commission shall be submitted to the City Council for approval unless otherwise specified in these By-Laws or City Code. Article VII OFFICERS Officers shall be elected annually for one-year terms at the first meeting each year when a quorum is present. There shall be a Chairperson and Vice-Chairperson. Article VIII TERM OF APPOINTMENT AND ATTENDANCE Members of the Commission are appointed by the City of Kenai to serve three (3) years or until termination by: 1. Resignation; 2. Request of Council on Aging Commission; 3. Upon request of the City of Kenai; or 4. If the member is absent, without the body excusing the absence for good cause, from more than one-half of all the meetings of the Council on Aging Commission, regular and special, held within any period of three (3) consecutive calendar months, the member shall thereupon cease to hold the seat. A member may not have more than three (3) excused absences during a twelve-month calendar year. The term of each appointed member of the Commission shall be three (3) years. The terms shall be staggered so that three (3) members shall be appointed every third year and three (3) members shall be appointed in each of the other years of every such three-year period. Article IX HONORARY MEMBER APPOINTMENT When a member is no longer able to actively participate on the Council on Aging Commission, the remaining membership may, by majority vote, request the Mayor to appoint the nonactive member to the Council on Aging Commission as an honorary member. The honorary member would be a non-voting member. Article X VOLUNTEERS Volunteers wishing to serve upon committees established by the Council on Aging Commission may be appointed by the Commission chairperson or his representative to do so without, therefore, becoming members of the Commission. 54 BY-LAWS AND RULES OF PROCEDURE FOR COUNCIL ON AGING PAGE 3 Article XI RULES OF MEETING All meetings of the Commission will be conducted in accordance with rules of parliamentary practice and, in the absence of other authority, shall be governed by the provisions of Roberts Rules of Order. * * * * * * * * * * * * The Council on Aging Commission during their February 8, 2024 meeting by a majority vote of the membership recommended Council approval of the amended By-Laws and Rules of Procedures. The Kenai City Council at their May 15, 2024 meeting approved the amended By-Laws and Rules of Procedures. 55 MEMORANDUM TO: Chair Ayers and Council on Aging Members FROM: Shellie Saner, City Clerk DATE: May 2, 2024 SUBJECT: Selection of a Council on Aging Member to Attend the May 15, 2024 City Council Meeting for the Purpose addressing the City Council Regarding the Council on Aging Work Plan. (City Clerk) It is my understanding that the Council on Aging (COA) wishes to send a Member to speak in support of the 2024 Work Plan recommended for Council approval. If the COA wishes to send a Member to speak on behalf of the COA to a City Council meeting, that member needs to be selected by a majority of the members of the COA. The following steps are in order to select a member. 1. One Member may nominate another Member using the following motion: I nominate ______ to represent the COA during the May 15, 2024 City Council meeting and that representation will be limited to speaking in support of the proposed COA Work Plan as presented and answering questions of clarification from the City Council. 2. The Chair will then ask if there are any other nominations. YES - If there are additional nominations they must be stated in the same motion form noted above. Once all nominations are made a secret ballot will be distributed, collected and tallied. NO - If there is only one nomination, the Chair will ask if there are any objections to appointing ____ as COA Representation at the May 15, 2024 City Council Meeting; and If no objections are stated, the Chair will state, “hearing no objections _____ is selected. 56 MEMORANDUM TO: Council on Aging FROM: Kathy Romain, Senior Center Director DATE: May 2, 2024 SUBJECT: Pledge of Allegiance During Lunch I’ve been approached by a couple of individuals multiple times regarding the absence of the Pledge of Allegiance before our noon meal, citing that other senior centers in the area incorporate it. I’ve clarified that we do observe the Pledge during patriotic occasions throughout the year. I promised to bring this matter to the attention of the Council on Aging for their discussion and input. 57 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 58 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 59 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 60 Kenai City Council - Regular Meeting Page 1 of 3 May 01, 2024 Kenai City Council - Regular Meeting May 01, 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) 1. 2024 March for Meals Event, Velda Geller, Kenai Senior Connections. D. UNSCHEDULED PUBLIC COMMENTS (Public comments limited to three (3) minutes per speaker; thirty (30) minutes aggregated) E. PUBLIC HEARINGS 1. ENACTED WITHOUT OBJECTION. 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) 2. ENACTED WITHOUT OBJECTION. 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) 3. ENACTED WITHOUT OBJECTION. 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) F. MINUTES 1. *Special Meeting of April 17, 2024. (City Clerk) 2. *Regular Meeting of April 17, 2024. (City Clerk) 3. *Special Meeting of April 18, 2024. (City Clerk) G. UNFINISHED BUSINESS 61 Kenai City Council - Regular Meeting Page 2 of 3 May 01, 2024 H. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Action/Approval - Non-Objection to the Renewal of a Package Store Liquor License for Country Liquor LLC., DBA: Country Liquor. - License No. 1308. (City Clerk) 3. *Action/Approval - Confirmation of Mayoral Nomination for Appointment to the Airport Commission. (Gabriel) 4. *Ordinance No. 3412-2024 - Accepting and Appropriating Grant Funds from the Alaska High Intensity Drug Trafficking Area for Drug Investigation Overtime Expenditures. (Administration) 5. *Ordinance No. 3413-2024 - Increasing Estimated Revenues and Appropriations in the General Fund - Police Department and Accepting a Grant from the US Department of Transportation Passed through the State of Alaska Department of Transportation and Public Facilities for Traffic Enforcement Overtime Expenditures. (Administration) 6. *Ordinance No. 3414-2024 - Repealing Kenai Municipal Code Sections 13.10.010(a)(2) - Miscellaneous Offenses, 13.10.020 - Loitering and Sleeping on the Streets, Schools, and 13.10.030 - Curfew, to Remove Certain City Prohibitions Regarding Begging, Loitering and Sleeping, and Curfews in the City that are Not Enforceable as Specifically Written in Code. (Administration) 7. INTRODUCED, REFERRED TO THE AIRPORT COMMISSION FOR RECOMMENDATION, AND PUBLIC HEARING SET FOR 5/15/24. Ordinance No. 3415-2024 - Authorizing a Donation of Surplus Sand from the Kenai Municipal Airport to the Triumvirate Theatre for the Construction of a New Theatre. (Administration) 8. INTRODUCED, REFERRED TO THE AIRPORT COMMISSION, BEAUTIFICATION COMMITTEE, COUNCIL ON AGING, HARBOR COMMISSION, PARKS & RECREATION COMMISSION, AND PLANNING & ZONING COMMISSION FOR RECOMMENDATION, AND PUBLIC HEARING SET FOR 5/15/24. Ordinance No. 3416-2024 - 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. (City Clerk) 9. INTRODUCED, REFERRED TO THE HARBOR COMMISSION FOR RECOMMENDATION, AND PUBLIC HEARING SET FOR 5/15/24. Ordinance No. 3417-2024 - Increasing Estimated Revenues and Appropriations by $12,600 in the General Fund for the Purchase of Approximately 7.8 Acres of Real Property Described as Tract B, Kenai Bluff Stabilization Subdivision from David W. Salter to be Retained by the City for a Public Purpose and Determining that the Public Interest will not be Served by an Appraisal. (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 62 Kenai City Council - Regular Meeting Page 3 of 3 May 01, 2024 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 1.Review and Discussion of the City Manager's Evaluation Which May be a Subject that Tends to Prejudice the Reputation and Character of the City Manager [AS 44.62.310(C)(2)]. 2.Review and Discussion of the City Attorney's Evaluation Which May be a Subject that Tends to Prejudice the Reputation and Character of the City Attorney [AS 44.62.310(C)(2)]. 3.Review and Discussion of the City Clerk's Evaluation Which May be a Subject that Tends to Prejudice the Reputation and Character of the City Clerk [AS 44.62.310(C)(2)]. N.PENDING ITEMS O.ADJOURNMENT P.INFORMATION ITEMS 1.CIRCAC Director’s Report 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/tZwud-urqD4tGNI6iDwCJtZZ2K1vf7NC3dEJ 63