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HomeMy WebLinkAboutOrdinance No. 3416-2024 Substitute) 7/ C11V KENAI CITY OF KENAI ORDINANCE NO. 3416-2024 (SUBSTITUTE) Sponsored by: City Clerk 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 May 9, 2024 regular meeting recommended that the City Council enact this Ordinance; and, WHEREAS, the Beautification Committee at their May 14, 2024 regular meeting recommended that the City Council enact this Ordinance; and, New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3416-2024 Substitute Page 2 of 13 WHEREAS, the Council on Aging at their May 9, 2024 regular meeting recommended that the City Council enact this Ordinance with recommended amendments; 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 May 6, 2024 regular meeting recommended that the City Council enact this Ordinance; and, WHEREAS, the Parks and Recreation Commission at their May 2, 2024 regular meeting recommended that the City Council enact this Ordinance; and, WHEREAS, the Planning and Zoning Commission at their May 8, 2024 regular meeting recommended that the City Council enact 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 Municipalode: 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. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3416-2024 Substitute Page 3 of 13 (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 NOW 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 1 ST OF EACH YEAR. 1.90.050 PROCEEDINGS. (A) ALL BOARDS, COMMISSIONS AND COMMITTEES WILL HAVE REGULARLY SCHEDULED MEETINGS WHICH SHALL BE OPEN TO THE PUBL►C. 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. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3416-2024 Substitute Page 4 of 13 (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: M Airport Commission. as established in KMC 1.95.010, (2) Beautification Commission. as established in KMC 1.95.020; Council on A in Commission. as established in KMC 1.95.030: Harbor Commission. as established in KMC 1.95.040; Parks and Recreation Commission, as established in KMC 1.95. 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. Lai Unless otherwise specified standing advisory commissions will consist of seven members. 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 Citv. the term of such member will terminate immediatelv. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3416-2024 Substitute Page 5 of 13 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 311', unless the commission is exempted by the Council from this requirement. 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. 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. 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. ff) 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: M After confirmation by Council, the Council Liaison may attend all meetings of the commission. The Council Liaison is a non -voting member and may not participate in the debate of the commission. 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. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3416-2024 Substitute Page 6 of 13 (f 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. 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, Chapter 1.95 Standing Advisory Commissions is hereby enacted as follows: Chapter 1.95 Standing Advisory Commissions. Sections: 1.95.010 Airport Commission. 1.95.020 Beautification Commission. 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. Duties and Powers. The Airport Commission will: Review and provide recommendations on the master plan for the airport development. This may include: ja Development of type, location and sequence of all airport terminal facilities: and. ii Development and use of all airport lands. Act in an advisory capacity to the Council and the Administration on matters affecting the airport. Make recommendations to the City Manager on the airport budget. 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 durinq the forthcoming five-year period. Such list will be arranged in order of preference, with recommendations as to which proiects are recommended for construction in which year. 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. Membership. The Commission will be comprised of seven members who will be chosen so as to represent broadly the following areas: New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3416-2024 Substitute Page 7 of 13 M One member, fixed base operator (FBO)and One member, lessee of airport aeronautical lands or terminal facility: and One member, with expertise in Federal Aviation administration functions: and, One member, representing the Civil Air Patrol: and, Three members. at -large. representing the business and professional community. 1.95.020 Beautification Commission. j@1 Purpose. The purpose of the Beautification Commission is to advise the Council and Administration on enhancing the appearance of the City. LbI Duties and Powers. The Beautification Commission will: M Advise Administration on seasonal displays and decorations promoted by the City: and, 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. 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 durin-q 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. Duties and Powers. The Council on Aging Commission will: M Review and provide recommendations on any master plans for senior citizen services provided by the City. This may include: City owned facilities providing senior citizen services-, 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. (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. Make recommendations to the City Manager on the budget for theCity's Senior Center; and. 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 durin4_ 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, New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3416-2024 Substitute Page 8 of 13 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 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. 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 Ci 's Code of Ordinances. If a conflict should arise between the bylaw and City's Code of Ordinances, City Code will control. 1.96.040 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. Duties and Powers. The Harbor Commission will: M Review and provide recommendations on any master glans for the development of harbor or port facilities for the City. This may include: Q 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, 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 proiects are recommended for constructed in which year; and, Review all City leases of City -owned tide and submerged lands and make recommendations to the City Council and Administration., and, Provide information and recommendations as reguested by the City Council and Administration, and. 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 reouirements 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 Cit 's parks and recreational facilities. Duties and Powers. The Parks and Recreation Commission will: M 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, New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3416-2024 Substitute Page 9 of 13 descriptive, and explanatory matter, may show the Commission's recommendations for the development of the City's recreation facilities including` fil 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. Advise the Council and Administration on concerns and recommendations regarding marks 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, 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 proiects are recommended for construction in which year; and. Provide information and recommendations as requested by the City Council and Administration: and, 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: (1) 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. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3416-2024 Substitute Page 10 of 13 (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: 14.06.050 - Membership Qualifications and Procedures. (a) The Planning and Zoning Commission will consist of seven members. who will be nominated by the Moor and confirmed by the City Council in accordance with KMC 14.05.015, and the followinq: M 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 desia nated seat for a non-resident. Members may not be an officer or employee of the City. 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. 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. If a member is absent, without the body excusing the absence for good cause from more than one-half of all the rep ular 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. 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: M Annual meeting schedules, meeting cancellations or holding special meetings will conform to policy set by the City Council. A chair and vice -chair will be elected annually from and by the appointed members. 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. 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. 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. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3416-2024 Substitute Page 11 of 13 The Clerk is responsible for ensuring that all members of commissions are provided a co 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: M After confirmation by Council the Council Liaison may attend all meetings of the commission. The Council Liaison is a non -voting member and may not oarticipate in the debate of the commission. 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. 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. 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. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3416-2024 Substitute Page 12 of 13 (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) 19.05.060 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. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3416-2024 Substitute Page 13 of 13 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 15T" DAY OF MAY, 2024. EST: Michelle r, C, City Clerk Brian Gabriel Sr., Mayor Introduced: Enacted: Effective: New Text Underlined; [DELETED TEXT BRACKETED] May 1, 2024 May 15, 2024 June 14, 2024 BY-LAWS FOR COUNCIL ON AGING COMMISSION KENAI, ALASKA 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. BY-LAWS AND RULES OF PROCEDURE FOR COUNCIL ON AGING PAGE 1 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. BY-LAWS AND RULES OF PROCEDURE FOR COUNCIL ON AGING PAGE 2 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. BY-LAWS AND RULES OF PROCEDURE FOR COUNCIL ON AGING PAGE 3 K I*Nl, A City of Kenai 1210 Fidalgo Ave, Kenai, AK 996117794 1907.283.75351 wwwlenaixity MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Shellie Saner, City Clerk DATE: May 7, 2024 SUBJECT: Substitute 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. This memo requests an amendment by Substitute Ordinance. The substitute ordinance reflects the recommendation to Council from the Airport Commission, Council on Aging, Harbor Commission, Parks and Recreation Commission and the Planning and Zoning Commission, as outlined below: • The tenth whereas clause was updated to reflect the actions of the Airport Commission during their May 9, 2024 meeting, which was to recommend Council enact Ordinance No. 3416-2024. • The twelfth whereas clause was updated to reflect the actions of the Council on Aging during their May 9, 2024 meeting, which was to recommend Council enact Ordinance No. 3416-2024 with recommended amendments. • The fourteenth whereas clause was updated to reflect the actions of the Harbor Commission during their May 6, 2024 meeting, which was to recommend Council enact Ordinance No. 3416-2024. • The fifteenth whereas clause was updated to reflect the actions of the Parks and Recreation Commission during their May 2, 2024 meeting, which was to recommend Council enact Ordinance No. 3416-2024. • The sixteenth whereas clause was updated to reflect the actions of the Planning and Zoning Commission during their May 8, 2024 meeting, which was to recommend Council enact Ordinance No. 3416-2024. In addition the Substitute Ordinance addresses minor technical amendments as outlined below: • The intent of the proposed ordinance is to make the standing advisory bodies of the City all Commissions, there were two references within Section 2 that referred to Beautification as a Committee, those were corrected to Beautification Commission within the Substitute. The following motion is respectfully requested: I move to amend Ordinance No. 3416- 2024 by Substitute Ordinance No. 3416-2024. L I000, City of Kenai MEMORANDUM K E N 4 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city TO: Mayor Gabriel and Council Members THROUGH: Shellie Saner, City Clerk FROM: Council on Aging DATE: May 10, 2024 SUBJECT: Requested Amendment to Ordinance No. 3416-2024 The Council on Aging (COA) during their May 9, 2024 by a vote of 5 Yes, and 3 No recommended an amendment to the ordinance. The COA recommended amendment is to Section 2 of the Ordinance, within the newly proposed Chapter 1.95 - Standing Advisory Commissions, Section 1.95.030 - Council on Aging Commission, paragraph (b)(1)(ii), to delete the last portion of the sentence "excluding Vintage Pointe -Independent Senior Housing". If the City Council supports the recommendation of the COA, the following amendment is in order: Motion Amend Section 2 of the Ordinance, Chapter 1.95 - Standing Advisory Commissions, Section 1.95.030, paragraph (b)(1)(ii) by deleting from the end of the sentence "excluding Vintage Pointe -Independent Senior Housing". The amended sentence to read: Development and use of the Senior Center or other facilities owned or managed by the City for the provision of services for senior citizens [, I IDING VINTAGE ❑oIAITC_ INDEPENDENT SENIGR HOUSINGl• Thank you for your consideration. • 0/ KENAI City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Shellie Saner, City Clerk DATE: May 14, 2024 SUBJECT: Ordinance 3416-2024 Requested Amendment This memo requests an amendment to fill in the blank within the Ordinance or Substitute Ordinance. The following amendment is respectfully requested. Motion I move to amend the 1111 whereas clause by filling in the blank with the recommendation of the Beautification Committee. The 111" whereas clause to read: • "the Beautification Committee at their May 14, 2024 regular meeting recommended that the city Council enact this Ordinance; and" Thank you for your consideration.