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HomeMy WebLinkAboutOrdinance No. 3416-2024AMENDED BY SUBSTITUTION KENAI CITY OF KENAI ORDINANCE NO. 3416-2024 Sponsored by: City Clerk AN ORDINANC REPEALING, REENACTING AND RENAMING KENAI MUNICIPAL CODE CHAPTER 1.90 - STANDAR PROCEDURES FOR BOARDS, COMMISSIONS AND COMMITTEES, ENACTING CHAPTER 1.95 - S NDING ADVISORY COMMISSIONS, REPEALING CHAPTERS 11.10 - HARBOR COMMISSION, CHA TER 19.05 PARKS AND RECREATION COMMISSION, CHAPTER 21.20 AIRPORT COMMISSIO ENACTING SECTION 14.05.050 - PLANNING AND ZONING COMMISSION - QUALIFICATIONS AND EMBERSHIP, AND APPROVING AMENDMENTS TO THE COUNCIL ON AGING COMMISSION'S B AWS TO ORGANIZE STREAMLINE, AND IMPROVE THE EFFICIENCY OF THE CITY'S STANDING MMISSIONS. WHEREAS, the City's Standing Advisory Commissions are intended to advise the Council and Administration on specific issues bas 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 Admi tration; and, WHEREAS, establishing general standards app cable to all standing Advisory Commissions ensures consistency and efficiency in process; and, WHEREAS, establishing a clear scope of work for ea Advisory Commission provides direction to the commissions and ensures effective use of the volunteer t3prnmission members time; and, WHEREAS, while current information on various commission is spread throughout the Code, organizing the code to address the advisory commissions primarily in e 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 ead advisory commission and committee in early 2024 to review and discuss current code provisions applic le to each body; and, WHEREAS, recommended amendments from each commission or committee re drafted, presented and approved by each body; and, WHEREAS, after further consideration of those recommendations, the Administrati in an effort to streamline and improve efficiencies for Standing Commissions, reevaluated the process a d recommend a complete rewrite and renaming of Chapter 1.90; and, WHEREAS, the Airport Commission at their 2024 regular meeting recommende that the City Council this Ordinance; and, WHEREAS, the Beautification Committee at their 2024 regular meeting recommended at the City Council this Ordinance; and, New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3416-2024 Page 2 of 13 EREAS, the Council on Aging at their 2024 regular meeting recommended that the City (ncil this Ordinance; and, WHE AS, 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, he Harbor Commission at their 2024 regular meeting recommended that the City Council this Ordinance; and, WHEREAS, the arks and Recreation Commission at their 2024 regular meeting recommended that e City Council this Ordinance; and, WHEREAS, the Plan 'ng and Zoning Commission at their 2024 regular meeting recommended that the CI and this Ordinance. NOW, THEREFORE, BE IT`7DAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Repeal, Reenact 6nd Municipal Code, Chapter 1.90 Stan reenacted and renamed as Chapter follows: Rename Chapter 1.90 of Kenai Municipal Code: That Kenai 1s for Boards, Commissions and Committees is hereby repealed, �90 General Standards for Standing Advisory Commissions, as CHAPTER 1.90 STANDARD PROCEDURES FOR ROARDS, 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, COMMISSI S AND COMMITTEES. 1.90.010 CREATION. ALL BOARDS, COMMISSIONS AND COMMITTEES CREATED BY THE COU CIL OF THE CITY OF KENAI, SHALL CONSIST OF SEVEN (7) MEMBERS WHO SHALL BE NOMINATED BY THE MA\SHALL CONFIRMED BY THE CITY COUNCIL FROM APPLICATIONS SUBMITTED TO THE CITY CLERK. A CHAIR AHAIR SHALL BE SELECTED ANNUALLY AND SHALL BE ELECTED FROM AND BY THE APPOINTED MEMBERSRGANIZATIONAL MEETING OF COUNCIL, OR AS SOON THEREAFTER AS PRACTICABLE, THE MAYOR, AFULTATION WITH COUNCIL, SHALL NOMINATE COUNCIL MEMBERS AS A COUNCIL LIAISON TO ANY BOMISSION OR COMMITTEE. AFTER CONFIRMATION BY COUNCIL, THE COUNCIL LIAISON MAY ATTENINGS OF THE BOARD, COMMISSION OR COMMITTEE. A COUNCIL LIAISON IS NOT A MEMBER OF, AHA NO VOTING POWER OR ANY OTHER RIGHTS OF MEMBERSHIP ON, THE BOARD, COMMISSION OR C. TH AYOR AND OTHER COUNCIL MEMBERS MAY ATTEND MEETINGS OF BOARDS, COMMISSIONS OR COMMITTEES WH SERVING AS AN ALTERNATE FOR THE COUNCIL LIAISON, OR IN THEIR CAPACITY AS ELECTED OFFICIALS. CITY MINISTRATIVE STAFF SHALL ATTEND AND SUPPLY STAFF SUPPORT TO ALL MEETINGS OF BOARDS, 'OM SSIONS AND COMMITTEES. 1.90.020 DUTIES. (A) MEMBERS OF BOARDS, COMMISSIONS AND COMMITTEES SHALL BE REQUIRED TO ESTABLISH POLI IES RELATING TO THEIR RESPECTIVE ORGANIZATION. THEY SHALL ACT IN AN ADVISORY CAPACITY TO CI Y COUNCIL UNLESS OTHERWISE SPECIFIED IN THE CITY CODE. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3416-2024 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 M BER OF A BOARD, COMMISSION OR COMMITTEE MUST BE A RESIDENT OF THE CITY OF KENAI, UNLES THE BOARD, COMMISSION OR COMMITTEE IS SPECIFICALLY EXEMPTED BY COUNCIL FROM THIS REQUIRE ENT. THE MEMBER CANNOT BE AN OFFICER OR EMPLOYEE OF THE CITY OF KENAI. IF ANY MEMBER S OULD MOVE HIS OR HER RESIDENCE FROM THE CORPORATE LIMITS OF THE CITY OF KENAI (IF APPLICAB ), IS AN OFFICER OR EMPLOYEE OF THE CITY OF KENAI, OR SHALL BE ELECTED OR APPOINTED AS N OFFICER OR EMPLOYEE OF THE CITY OF KENAI, THE SERVICE OF SUCH MEMBER SHALL TERMINAT IMMEDIATELY. HE OR SHE SHOULD BE AWARE THAT HE OR SHE WILL SERVE WITHOUT SALARY, BUT WILL REIMBURSED FOR ALL REASONABLE EXPENSES INCURRED IN CONNECTION WITH THIS SERVICE, ONLY A\CO AL BY COUNCIL. (B) THE BEAUTIFICATIO, AND HARBOR, LIBRARY, AND PARKS AND RECREATION COMMISSIONS MAY ETION OF THE COUNCIL HAVE UP TO TWO (2) NON-RESIDENT MEMBERS EACH. (C) THE PLANNING AND ZISSION MAY HAVE UP TO ONE MEMBER THAT IS NOT A RESIDENT OF THE CITY IF THEY HAVING OWNERSHIP INTEREST IN A BUSINESS PHYSICALLY LOCATED IN THE CITY. THIS PROCALLY DOES NOT CREATE A DESIGNATED SEAT FOR A NON- RESIDENT. 1.90.040 TERMS. (A) A MEMBER OF A BOARD, COMMISSION OR CO ITTEE SHALL SERVE FOR A TERM OF THREE (3) YEARS, UNLESS THE BOARD, COMMISSION OR COMMITT IS SPECIFICALLY EXEMPTED BY COUNCIL FROM THIS REQUIREMENT. AT RENEWAL DATE, THE MAYOR, t CONSENT OF THE COUNCIL, CAN REAPPOINT THE MEMBER OR RECOMMEND A REPLACEMENT. (B) THE TERMS OF THE INITIAL BOARD, COMMISSION OR C MMITTEE MEMBER SHALL BE STAGGERED SO THAT THREE (3) MEMBERS WILL BE APPOINTED FOR E (1 ) YEAR; TWO (2) MEMBERS WILL BE APPOINTED FOR TWO (2) YEARS; AND TWO (2) MEMBERS L 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 REGULARL SCHULED MEETINGS WHICH SHALL BE OPEN TO THE PUBLIC. EXCEPTIONS TO THE MEETING REQUIR ENTSEDSHALL BE ESTABLISHED BY COUNCIL. PERMANENT RECORDS OR MINUTES SHALL BE KEPT OF A PROCEEDINGS AND SUCH MINUTES SHALL RECORD THE VOTE OF EACH MEMBER UPON EVERY QUES ON. EVERY DECISION OR FINDING SHALL IMMEDIATELY BE FILED IN THE OFFICE OF THE CITY CLERK D SHALL BE A PUBLIC RECORD OPEN TO INSPECTION BY ANY PERSON. ALL ACTS OF BOARDS, COMMISSI NS AND COMMITTEES ARE SUBJECT TO THE PARAMOUNT AUTHORITY OF THE CITY COUNCIL. (B) IF THE COMMISSION, COMMITTEE OR BOARD MEMBER SHALL BE ABSENT, WITHOUT TH ODY EUSING THE ABSENCE FOR GOOD CAUSE, FROM MORE THAN ONE-HALF OF ALL THE MEETINGS F HIS OXCR HER COMMITTEE, COMMISSION OR BOARD, REGULAR AND SPECIAL, HELD WITHIN ANY PERIOD THREE (3) CONSECUTIVE CALENDAR MONTHS, HE OR SHE SHALL THEREUPON CEASE TO HOLD TH SEAT. A COMMISSION, COMMITTEE OR BOARD MEMBER MAY NOT HAVE MORE THAN THREE (3) CUSED ABSENCES DURING A TWELVE (12) MONTH CALENDAR YEAR. (C) IN ALL MATTERS OF PARLIAMENTARY PROCEDURE, THE MOST CURRENT EDITION OF ROBERT'S RUL S OF ORDER NEWLY REVISED SHALL BE APPLICABLE AND GOVERN ALL MEETINGS, UNLESS AS SPECIFIE 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 Page 4 of 13 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. REQUIREMENT OF BOARDS, COMMISSIONS AND COMMITTEES AS SET FORTH IN KMC 1.90 ARE GENERAL REQUIREMENTS A D SHALL BE FOLLOWED TO THE EXTENT THAT THEY DO NOT CONFLICT WITH SPECIFIC REQUIREMENTS FO DIN CODE SECTIONS SPECIFICALLY PERTAINING TO INDIVIDUAL BOARDS, COMMISSIONS AND COMMITTEES.] Chapter 1.90 Sections: 1.90.010 1.90.020 Creation. Members, Ap 1.90.030 Terms. 1.90.040 Attendance. 1.90.050 Proceedings. 1.90.060 Liaisons. 1.90.070 Specific Regt 1.90.010 Creation. M Airport Commission, as established in KMC1.95.010; Beautification Commission as established in kA4C 1.95.020; Council on Aging Commission, as established in KMC 1.95.030: Harbor Commission, as established it Parks and Recreation Commission, a: ing Advisory Commissions are created to advise the\Council and Administration Administration. c This Chapter does not apply to the Planning and Zoning Commission 'wh h is not solely advi to the Council and Administration. 1.90.020 Members, Appointments and Qualifications. (a) Unless otherwise specified standing advisory commissions will consist of seven members. Commission members will be nominated by the Mayor and confirmed by the 6ouncil aDDlications submitted to the Clerk. outslae of UIty limits, or It any member Is electea or aK Citv. the term of such member will terminate immediate New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3416-2024 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 e member or recommend a replacement. 1.90.030 Terms (a) Terms f a unless th c When an ap be for the re (c) When appoi will lent is to till a � er of that term. innina January 1st and endina December 31st be appointed for two ears and two members will be appointed for three years. 1.90.040 Attendance. If a member is absent withou%the ody excusing the absence for good cause from more than one-half of all the regular orspecial meetin s eld within any period of three consecutive calendar months the member will thereuDon cease to hold the seat. A commission member may not have more than three 1.90.050 Proceedings. (a) Standing Advisory C to policy set by the City Council. A chair and vice -chair will be elected annually fr6m and by the appointed members. (c) The most current edition of Robert's Rules of Or er Newly Revised will govern all meetings, unless otherwise specified in KMC 1.15.060 motions MC 1.15.100 speaking; and KMC 1.15.110 voting. Permanent record or minutes will be kept for regular ands ecial meetings, and such minutes will record the vote of each member upon every question. (e) Every decision or findina will be filed in the office of the Clerk and will be a public record open to inspection by any person. The Clerk is responsible for ensuring that all members of commissio are provided < chapter. 1.90.060 Liaison. (a) Council Liaison. At the organizational meeting of Council or as soon there ter as the Mayor, after consultation with Council will nominate Council Members as Co to Standing Advisory Commissions. The following applies to Council Liaisons: M After confirmation by Council, the Council Liaison may attend all meetings of the The Council Liaison is a non -voting member and may not participate in the d commission. Any Council Member may attend meetings or work sessions when serving as for the Council Liaison, or in their capacity as elected officials. icticable it Liaisor of the New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3416-2024 Page 6 of 13 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. tall Liaison. Cityadministrative staff will attend and su I staff support to all meetings of the c missions of the Citv. 1.90.070 Specific Requirements of Standin commissions. Section 2. Enactme t of Chapter 1.95 of Kenai Municipal Code: That Kenai Municipal Code, Section 1.95 Boards, Commission and Committees is hereby enacted as follows: Chapter 1.95 Standing Advisory Commissions. Sections: 1.95.010 Airport Commission. 1.95.030 Council on Aging Commis 'on. 1.95.040 Harbor Commission. 1.95.050 Parks and Recreation Commi ion. 1.95.010 Airport Commission. (a) Purpose. The purpose of the Airport Commi ion is to advise the issues involving the AirDort and lands held for e benefit of the Ai Duties and Powers. The Airport Commission will: M Review and provide recommendations on the i may include: Q Development of type, location and segue ii Development and use of all airport lands. Act in an advisory capacity to the Council an( airport. Make recommendations to the City Manager of Submit annually to the City Manager and Co recommendations as to which lul n in ects are recommended for construction ig which r is Administration. Qualifications. Members of the Airport Commission will conform to the reauire nts as established by KMC 1.90 except that members of the Airport Commission need not be a r ident of the City of Kenai. Membership. The Commission will be represent broadlv the followina areas: New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3416-2024 Page 7 of 13 M One member, fixed base operator (FBO); and, (2) One member, lessee of airport aeronautical lands or terminal facility; and, (3) One member. with exDertise in Federal Aviation administration functions: an 5) Three members. at-larae 1.95.020 BecWtification Commi: (a) Purpose. a purpose of Administration n enhancing Duties and Powe'rs. The Beat 1) Advise Admin and, pinning of the inion of the n nting the business and professional communit n [•7isR•7�i��iu�y[•7i' et Vear,A list of the recommended mission. a e necessary or desire ital im 11ILVAr-It which, in the i durina the c) Qualifications and Membership. Members 6f the Beautification Commission will conform to the requirements of KMC 1.90 except the commi sion may at the discretion of the Council have u to two non-resident members. 1.95.030 Council on Aging Commission. (a) Purpose. The purpose of the Council on Aging Co mission is to advise the Council and A -,.-- - -- - --- ---- --- . - - - - -- --- - - - I- ---. L,-- Iz - -- ^ - -- ^ - — - - ----I -- ----.---------------------------1— by the City. Duties and Powers. The Council on Aging Commission will: M Review and provide recommendations on any master plans for Provided by the City. This may include: City owned facilities providing senior citizen services; and, ii Development and use of the Senior Center or other facilities o\ City for the provision of services for senior citizens, exc Independent Senior Housing. Act in an advisory capacity to the Council and the Administration Senior Center and senior citizen services provided by the City; and, Make recommendations to the City Manager on the budget for the C Submit annually to the City Manager and Council, not less than Senior Center: and opinion of the Lommission are necessary or aesiraple to oe constructea auring e forthcoming five- ear period. Such list will be arranged in order of preference,h recommendations as to which Droiects are recommended for construction in which vear- an . New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3416-2024 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 e re uirements as established by KMC 1.90 except that members need only to reside on the Ke ai Peninsula and 51 % of whom must be 55 years or older. The Commission shall be com rised of not more than nine members who will be chosen based on their interest in challeh,aes and opportunities for local senior citizens. Bylaws. e Council on Aging Commission may have its own bylaws approved by the City Council that providequidance and direction for the Council on Aging Commission to the extent that the do not conflic with the Cit 's Code of Ordinances. If a conflict should arise between the b laws and Cit 's Cod of Ordinances City Code will control. 1.95.040 Harbor Com fission. (a) Purpose. The pur ose f the Harbor Commission is to advise the Council and Administration on issues involving City har or facilities and tidal or submerged lands owned by the City. Duties and Powers. The H bor Commission will: Review and provide reco\mmendations on anV master plans for the development of harbor or port facilities for the City. T 's mav include: Development of the typelocation, and se uence of all public harbor facilities; and ii The relocation removal ext nsion or change of use of existing harbor facilities. Act in an advisory capacity to the &uncil and Administration regarding matters related to City harbor facilities tide or submerqk 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 C uncil not less than ninetV da s prior to the beainnina of the budget vear. a list of the reco ended capital improvements which. in the Review all City leases of City -owned tide and submergecNands and make recommendations to the City Council and Administration; and, Provide information and recommendations as requeste bv the CitV 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 ill conform to the requirements of KMC 1.90 except the commission may at the discretion of th\e, Council have u 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 \theConcil and Administration on issues involving the City'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 develo ment recreation facilities for the City. Such master plans with accompanying maps, plats, charts, New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3416-2024 Page 9 of 13 descriptive, and explanatory matter, may show the Commission's recommendations for the development of the City's recreation facilities including: 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. aril recreational facilities within the City includinq recommendations for consideration by the Adknistration in the develoDment of the Parks and Recreation DeDartment's annual budaet: and, innn f the budget year, a list of recommended capital improvements, which in the inion of t e Commission, are necessary or desirable to be constructed during the Provide informatigh and recommendations Administration: and. c) Qualifications and Membershi mbers of the Parks and Recreation Commission will conform to the requirements of KMC 1.90, e\xc have up to two non-resident members. Section 3. Repeal of Chapter 11.10 of Kenai unici 11.10 Harbor Commission is hereby repealed as fo ws missi [CHAPTER t .10 HARBOR COMM0SSI In of the Council Code: That Kenai Municipal Code, Chapter 11.10.010 DUTIES AND POWERS. (A) THE HARBOR COMMISSION SHALL BE REQUIRED TO DO THE OLLOWING: (1) DEVELOP, ADOPT, ALTER, OR REVISE, SUBJECT TO APP VAL BY THE CITY COUNCIL, A MASTER PLAN FOR THE PHYSICAL DEVELOPMENT OF HARBOR OR P RT FACILITIES FOR THE CITY. SUCH MASTER PLAN WITH ACCOMPANYING MAPS, PLATS, CHARTS, DESCRIPTIVE, AND EXPLANATORY MATTER, SHALL SHOW THE HARBOR COMMISSION'S RECOMME ATIONS FOR THE DEVELOPMENT OF THE CITY HARBOR FACILITIES MAY INCLUDE, AMONG OTHER TH GS: (I) DEVELOPMENT OF THE TYPE, LOCATION, AND SEQUENCE OF ALL UBLIC HARBOR FACILITIES; (II) THE RELOCATION, REMOVAL, EXTENSION, OR CHANGE OF US OF EXISTING HARBOR FACILITIES; (2) SUBMIT ANNUALLY TO THE CITY MANAGER AND COUNCIL, NOT LESS THA NINETY (90) DAYS PRIOR TO THE BEGINNING OF THE BUDGET YEAR, A LIST OF THE RECOM ENDED CAPITAL IMPROVEMENTS WHICH, IN THE OPINION OF THE COMMISSION, ARE NECESSARY O DESIRABLE TO BE CONSTRUCTED DURING THE FORTHCOMING THREE (3) YEAR PERIOD. SUCH L T SHALL BE ARRANGED IN ORDER OF PREFERENCE, WITH RECOMMENDATIONS AS TO WHICH PROJ TS SHALL BE CONSTRUCTED IN WHICH YEAR. (3) MAKE INVESTIGATIONS REGARDING ANY MATTER RELATED TO CITY HARBOR FACILITIES, TI E OR SUBMERGED LANDS. MAKE RECOMMENDATIONS TO THE COUNCIL RELATIVE TO THE CA E, CONTROL, AND DEVELOPMENT OF TIDE AND SUBMERGED LANDS. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3416-2024 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 (7) S LL ACT IN ADVISORY CAPACITY IN THE SELECTION OF A HARBOR MASTER SHOULD SUCH A POSIT N BE CREATED BY THE CITY COUNCIL.] Section 4. Enact ent of Section 14.05.050 of Kenai Municipal Code: That Kenai Municipal Code, Section 14.05.050 - Me bership, Qualifications and Proceedings, is hereby enacted as follows: 14.05.050 - Membership alifications and Procedures. (a) The Planning and Zoni io Commission will consist of seven members who will be nominated b following: (1) Members must be a resid t of the [o] member that is not Members may not be an officer or If a member who is required to res If hysically located in the f the Citv. the term of of Kenai, except the commission v if that member has a controllini uny, reiinquisne City, or if a meml uch member will rtial term, the M; end a replaceme without the bod) The Commission will have regu of the City. ;itv. moves their r controlling own sir controlling own elected or appof i' ate immediate wit confirmatior acco ance with ,using th absen have up to one iershiD interest ersnip interest oT ine pL nted as an officer or em scheduled meetings which\will be open to the public. Annual meeting schedules meeting cancellations or holding speciw meetings will conform to policy set by the City Council. A chair and vice -chair will be elected annual) from and b the a ointe embers. The most current edition of Robert's Rules of Order Newly Revised will gov n all meetings, unless otherwise specified in KMC 1.15.060 motions; KMC 1.15.100 s eak; and KMC 1.15.110 voting. Permanent record or minutes will be kept for regular andspecial meetings, and suc minutes will record the vote of each member upon every question. Ever decision or findingwill be filed in the office of the Clerk and will be a public record en to inspection by any person. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3416-2024 Page 11 of 13 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 nsultation with Council will nominate a Council Members as Council Liaison to the Planning After confirmation by Council the C The Council Liaison is a non-votin com sion. Any Cou cil Member may attend r for the Co cil Liaison or in their c Other Counci embers may attenc notice. City admini to the Council Liaisons: iaison may attend all meetings of 1 per and may not participate in th 3 or work sessions when serving as elected officials. Section 5. Repeal of Chapter 19. 5 of Kenai Municipal Code: That Kenai Municipal Code, Chapter 19.05 Parks and Recreation Commissi is hereby repealed as follows: [CHAPTER 19.05 PARKS AND ECREATION COMMISSION SECTIONS: 19.05.010 CREATION. 19.05.020 DUTIES AND POWERS. 19.05.030 TERMS AND APPOINTMENTS TO VA 19.05.040 QUALIFICATIONS OF COMMISSION 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\CIT COUNCIL, A MASTER PLAN FOR THE PHYSICAL DEVELOPMENT OF RECREATION FACILITIES FORSUCH MASTER PLAN WITH ACCOMPANYING MAPS, PLATS, CHARTS, DESCRIPTIVE, AND EXPLATTER, SHALL SHOW THE COMMISSION'S RECOMMENDATIONS FOR THE DEVELOPMENT OF TECREATION FACILITY MAY INCLUDE, AMONG OTHER THINGS: (1) DEVELOPMENT OF THE TYPE, LOCATION, AND SEQUENCE OF ALL PUBLIC�ECREATION FACILITIES; AND \ (2) THE RELOCATION, REMOVAL, EXTENSION, OR CHANGE OF USE OF EXIS ING RECREATION FACILITIES. (B) SUBMIT ANNUALLY TO THE CITY MANAGER AND COUNCIL, NOT LESS THAN NINETY (90) D YS PRIOR TO THE BEGINNING OF THE BUDGET YEAR, A LIST OF RECOMMENDED CAPITAL IMPROVEMENT WHICH IN THE OPINION OF THE COMMISSION, ARE NECESSARY OR DESIRABLE TO BE CONSTRUCTED DU ING THE FORTHCOMING THREE (3) YEAR PERIOD. SUCH LIST SHALL BE ARRANGED IN ORDER OF PREFE ENCE, 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 Page 12 of 13 (E� SHALL ACT IN ADVISORY CAPACITY IN THE SELECTION OF A DIRECTOR OF PARKS AND RECREATION. 19. .030 TERMS AND APPOINTMENTS TO VACANCIES. (ORDS. 416, 430, REPEALED ORD. 1 161 19.05.0 0 QUALIFICATIONS OF COMMISSION MEMBERS. (ORDS. 416, 619, REPEALED ORD. 1 161 19.05.050 PROCEEDINGS OF COMMISSION. (ORD. 416, REPEALED ORD. 1 161)] Section 6. Repeal of Chapter 21.20 of Kenai Municipal Code: That Kenai Municipal Code, Chapter 21.20 Airport Corn ission is hereby repealed as follows: [21.20 AIRPORT COMMISSION SECTIONS: 21.20.010 DUTIES AND WERS. 21.20.020 QUALIFICATION 21.20.030 MEMBERSHIP. 21.20.010 DUTIES AND POWERS. THE COMMISSION SHALL: (A) DEVELOP, ADOPT, ALTER OR REVIS SUBJECT TO APPROVAL BY THE CITY COUNCIL, A MASTER PLAN FOR THE AIRPORT DEVELOPMENT. THI MAY INCLUDE: (1) DEVELOPMENT OF TYPE, LOCATION D SEQUENCE OF ALL AIRPORT TERMINAL FACILITIES; (2) DEVELOPMENT AND USE OF ALL AIRPOR AERONAUTICAL LANDS. (B) OBSERVE, OVERSEE AND GUIDE IN AN ADVIS Y CAPACITY, ANY MATTERS RELATING TO USE OF AIRPORT RUNWAYS, AIRPORT TERMINAL, AND AIRP RT AERONAUTICAL LANDS. (C) ACT IN AN ADVISORY CAPACITY TO THE COUNCIL AND HE AIRPORT MANAGER. (D) MAKE RECOMMENDATIONS TO THE CITY MANAGER ON T E AIRPORT BUDGET. 21.20.020 QUALIFICATIONS. MEMBERS OF THE AIRPORT COMMISSION WILL CONFORM TO THE R UIREMENTS 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 HE CITY OF KENAI. 21.20.030 MEMBERSHIP. THE COMMISSION SHALL COMPRISE OF SEVEN (7) MEMBERS WHO SHALL BE CHO N 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 COMMUNIT (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 Attachm E are hereby approved. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3416-2024 Page 13 of 13 ction 8. Severability: That if any part or provision of this ordinance or application thereof to any pe on or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be c fined in its operation to the part, provision, or application directly involved in all controversy in which is judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this tit or application thereof to other persons or circumstances. The City Council hereby declares that it wo d 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 C UNCIL 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 New Text Underlined; [DELETED TEXT BRACKETED] 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: April 19, 2024 SUBJECT: 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. 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). • 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)(10). Section Repealed - 1.90.040 Terms: Page 2of6 The City of Kenai I www.kenai.city • 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 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 Reauirements 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. Page 3 of 6 The City of Kenai I www.kenai.city 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 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 Page 4 of 6 The City of Kenai I www.kenai.city 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. 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. Page 5 of 6 The City of Kenai I www.kenai.city 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. 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 Page 6of6 The City of Kenai I www.kenai.city Attachment A Sponsored by: City Clerk 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, New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. XXXX-2024 Page 2 of 14 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.I 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. 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. ALL BOARDS, COMMISSIONS AND COMMITTEES CREATED BY THE COUNCIL OF THE CITY OF KENAI, SHALL - I Commented [SS2]: First sentence included in 1.90.020 CONSIST OF SEVEN (7) MEMBERS WHO SHALL BE NOMINATED BY THE MAYOR AND CONFIRMED BY THE CITY l (a) and (b) and in the new14.05.050 (a). 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 Commented [SS3]: Second sentence included in 1.90.050(b) and in the new 14.05.050(b)(2). OF COUNCIL, OR AS SOON THEREAFTER AS PRACTICABLE, THE MAYOR, AFTER CONSULTATION WITH COUNCIL, Commented [SS4]: Sentences 3 through 6 were SHALL NOMINATE COUNCIL MEMBERS AS A COUNCIL LIAISON TO ANY BOARD, COMMISSION OR COMMITTEE. included in 1.90.060(a)(1-3), paragraph (a) is from AFTER CONFIRMATION BY COUNCIL, THE COUNCIL LIAISON MAY ATTEND ALL MEETINGS OF THE BOARD, Council adopted policy 20.020 and in the new COMMISSION OR COMMITTEE. A COUNCIL LIAISON IS NOT A MEMBER OF, AND SHALL HAVE NO VOTING POWER 14.05.050 (c)(1-3), paragraph (d) is from Council Policy OR ANY OTHER RIGHTS OF MEMBERSHIP ON, THE BOARD, COMMISSION OR COMMITTEE. THE MAYOR AND OTHER 20.020. 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. CIITY ADMINISTRATIVE _ . Commented [SS5]: Sentence 7 was included as (1.90.060(b). STAFF SHALL ATTEND AND SUPPLY STAFF SUPPORT TO ALL MEETINGS OF BOARDS, COMMISSIONS AND COMMITTEES. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. XXXX-2024 Page 3 of 14 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) IAA MEMBER OF A BOAR[ (B) (C) 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. IHEI 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. BEAUTIFICATION COMMITTEE, AND HARBOR, LIBRARY, AND PARKS AND RECREATION COMMISSIONS MAY MEMBERS EACH. AT THE DISCRETION OF THE COUNCIL HAVE UP TO TWO (2) NON-RESIDENT 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. New Text Underlined; [DELETED TEXT BRACKETED] 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 [SS101: 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) Ordinance No. XXXX-2024 Page 4 of 14 1.90.040 TERMS. (A) IN MEMBER OF ABOARD, COMMISSION OR COMMITTEE SHALL SERVE FOR A TERM OF THREE (3) YEARS, - Commented [SS11]: Included and modified to included UNLESS THE BOARD, COMMISSION OR COMMITTEE IS SPECIFICALLY EXEMPTED BY COUNCIL FROM THIS term start of Jan1 and end Dec 31 in new 1.90.030(a) REQUIREMENT. k RENEWAL DATE, THE MAYOR, WITH CONSENT OF THE COUNCIL, CAN REAPPOINT THE and already exists in 14.05.015(d) MEMBER OR RECOMMEND A REPLACEMENT. Commented [SS12]: Included in new 1.90.020(e) and in the new 14.05.050(a)(4) (B) r IIHE TERMS OF THE INITIAL BOARD, COMMISSION OR COMMITTEE MEMBER SHALL BE STAGGERED SO Commented [SS13]: Included in new 1.90.030(c) 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) ILL 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.I 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.IAILL ACTS OF BOARDS, COMMISSIONS AND COMMITTEES ARE SUBJECT TO THE PARAMOUNT AUTHORITY OF THE CITY COUNCIL. 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) (B) IIF THE COMMISSION, COMMITTEE OR BOARD MEMBER SHALL BE ABSENT, WITHOUT THE BODY EXCUSING Commented [SS17]: Included in new 1.90.040 and in THE ABSENCE FOR GOOD CAUSE, FROM MORE THAN ONE-HALF OF ALL THE MEETINGS OF HIS OR HER the new 14.05.050(a)(5) 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 Commented [SS18]: Included in new 1.90.050(c) and OF ORDER NEWLY REVISED SHALL BE APPLICABLE AND GOVERN ALL MEETINGS, UNLESS AS SPECIFIED in the new 14.05.050 (b)(3) 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. XXXX-2024 Page 5 of 14 (D) MHE RESPONSIBILITY OF INSURING THAT ALL MEMBERS OF BOARDS, COMMISSIONS AND COMMITTEES Commented [SS19]: Included in new 1.90.050(f) and RECEIVE A COPY OF THE STANDARD PROCEDURES OF BOARDS, COMMISSIONS AND COMMITTEES LIES in the new 14.05.050(b)(6) WITH THE CITY CLERK. 1.90.060 SPECIFIC REQUIREMENTS OF BOARDS, COMMISSIONS AND COMMITTEES. IRIEQUIREMENTS OF BOARDS, COMMISSIONS AND COMMITTEES AS SET FORTH IN KMC 1.90 ARE GENERAL Commented [5520]: Included in new 1.90.070 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) ISl anding Advisory Commissions of the City may be created or dissolved by an ordinance of the _;- Commented [sS21]: The blue highlighted portion of City Council. The following Standing Advisory Commissions have been created by the Council: this sections new and is establishing in code one location that identifies the Standing Advisory M Airport Commission, as established in KMC 1.95.010; Commissions of the City. (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; 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 Standinq 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. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. XXXX-2024 Page 6 of 14 1.90.020 Member, Appointment and Qualifications. (a) 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 immediately. Members will serve without salary, but may be reimbursed for reasonable expenses incurred in connection with the service, only after approval bV 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. Wl hen 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 Vears; 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 bV anV person. (f) The Clerk is responsible for ensuring that all members of commissions are provided a copy of this chapter. 1.90.060 Liaison. New Text Underlined; [DELETED TEXT BRACKETED] Commented [5522]: This is a new paragraph. The purpose is to codify practices related to partial term appointments. Ordinance No. XXXX-2024 Page 7 of 14 (a) Council Liaison. At the organizational meeting of Council, or as soon thereafter as practicable, the MaVor, after consultation with Council, will nominate Council Members as a council liaison to Standing Advisory Commissions. The following applies to Council Liaisons: 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 Commented [ss23]: From Council Policy 20.020 commission. (G)(2) 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. her Council Members may attend a meeting or work session of a commission; however, - Commented [s524]: From Council Policy 20.020 no more than three Council Members may attend any one meeting without additional public (G)(1) 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, 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. 5.010 Airport Commission. u 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: 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 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. New Text Underlined; [DELETED TEXT BRACKETED] Commented [5525]: 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. Ordinance No. XXXX-2024 Page 8 of 14 (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. Membership. The Commission will be comprised of seven members who will be chosen so as to represent broadly the following areas: 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. Duties and Powers. The Beautification Commission will: (1) Advise administration on seasonal displays and decorations promoted bV 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 CitV 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 maV at the discretion of the Council have up to two non-resident members. (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 bV the CitV. 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: (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. New Text Underlined; [DELETED TEXT BRACKETED] 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. Ordinance No. XXXX-2024 Page 9 of 14 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, u Make recommendations to the City Manager on the budget for the City'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 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, 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 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 City's Code of Ordinances. If a conflict should arise between the bylaws and City's Code of Ordinances, City Code will control. u 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: S� 2 Review and provide recommendations on any master plans for the development of harbor or port facilities for the City. This may include: jQ 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, 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 Harbor Master. New Text Underlined; [DELETED TEXT BRACKETED] 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 Ordinance No. XXXX-2024 Page 10 of 14 (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. (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: 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: D 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 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, 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; New Text Underlined; [DELETED TEXT BRACKETED] 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. Ordinance No. XXXX-2024 Page 11 of 14 (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: (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: 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 phvsically located in the City. This provision specifically does not create a designated 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 phvsically 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 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. 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. New Text Underlined; [DELETED TEXT BRACKETED] 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. Ordinance No. XXXX-2024 Page 12 of 14 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. 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: 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 - Commented [SS32]: From Council Policy 20.020 G.2. 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, Commented [SS33]: From Council Policy 20.020 G.1. 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. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. XXXX-2024 Page 13 of 14 (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. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. XXXX-2024 Page 14 of 14 (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 151' DAY OF MAY, 2024. ATTEST: Michelle M. Saner, MMC, City Clerk Brian Gabriel Sr., Mayor Introduced: May 1, 2024 Enacted: May 15, 2024 Effective: June 14, 2024 New Text Underlined; [DELETED TEXT BRACKETED] KENA City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city MEMORANDUM Attachment B TO: Airport Commission FROM: Scott Bloom, City Attorney DATE: January 31, 2024 SUBJECT: Proposed Amendments to KMC Chapter 21.20 and KMC Chapter 1.90 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 code changes to KMC Chapter 21.20- Airport Commission and KMC Chapter 1.90- Standard Procedures for Board, Commissions and Committees, as well as other procedures (such as an annual work plan) with the goal of improving the efficiency of your commission and making sure your valuable time as a commissioner is used wisely. Attached to this Memorandum in Attachment A are the code changes we discussed. The changes are shown in legislative format. Underlined words are new suggestions while words in all caps are suggested for removal. In addition, comments regarding each change are provided in red. These comments are for discussion purposes only for this Commission. If the Commission wishes to recommend Council approve the proposed amendments to code, a motion will be needed. For example, "I move to recommend that the City Council adopt the proposed amendments to KMC Chapter 21.20 and Chapter 1.90 as provided in attachment A". After the main motion has been made and seconded the subject will be before the commission for discussion and additional amendments. If additional amendments are proposed they must be made in the form of a motion, be seconded and voted on. Once discussion is complete and no additional amendments are proposed, the main motion will be voted on. All proposed amendment(s) that are approved by a majority of the Commission will be forwarded by the Administration to the Council in the form of an Ordinance, the Ordinance will also likely include recommended changes from other City Commissions that are relevant to their code sections. The Administration may also recommend moving code provisions pertaining to the Airport Commission into a different section of code, from KMC 21.20 into KMC 1.90, for organizational purposes only, but a final recommendation on this change is still in the works. It would not have any material effect on the Commission. Thank you for your consideration. KMC Chapter 21.20, Airport Commission Page 1 of 5 Chapter 21.20 AIRPORT COMMISSION Sections: 21.20.005 Purpose 21.20.010 Duties and powers. 21.20.020 Qualifications. 21.20.030 Membership. 21.20.005 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. This proposed new section of code is intended just to clearly state the purpose of the commission. 21.20.010 Duties and powers. The Commission shall: (a) [DEVELOP, ADOPT, ALTER OR REVISE, SUBJECT TO APPROVAL BY THE CITY COUNCIL, A] Review and provide recommendations on the master plan for the airport development . This may include: As discussed previously, these changes reflect that the commission itself is not independently responsible for any master plans, but that the Commission's role to provide recommendations on such plans as they are developed. (1) Development of type, location and sequence of all airport terminal facilities; (2) Development and use of all airport [AERONAUTICAL] lands. reflects current practice as discussed. [(B) OBSERVE, OVERSEE AND GUIDE IN AN ADVISORY CAPACITY, ANY MATTERS RELATING TO USE OF AIRPORT RUNWAYS, AIRPORT TERMINAL, AND AIRPORT AERONAUTICAL LANDS.] This change would delete this paragraph and the new language in the paragraph below is expanded as a catchall. ([c] b) Act in an advisory capacity to the Council and the [AIRPORT MANAGER] Administration on matters affecting the airport. This new language expands this section a little as a catchall. The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023. KMC Chapter 21.20, Airport Commission Page 2 of 5 ([d] c) Make recommendations to the City Manager on the airport budget. (fel d) 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 oainion 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 new section reflects input on a capital plan similar to other commissions. 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. The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023. KMC Chapter 21.20, Airport Commission Page 3 of 5 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. The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023. KMC Chapter 21.20, Airport Commission Page 4 of 5 (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 1 st of each year. The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023. KMC Chapter 21.20, Airport Commission Page 5 of 5 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. (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. The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023. KENAI AIRPORT COMMISSION — REGULAR MEETING MARCH 14, 2024 — 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 CHAIR GLENDA FEEKEN, PRESIDING ACTION MINUTES A. CALL TO ORDER A Regular Meeting of the Airport Commission was held on March 14, 2024, in the Kenai City Council Chambers, Kenai, AK. Chair Feeken called the meeting to order at approximately 6:05 p.m. 1. Pledge of Allegiance Chair Feeken led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Glenda Feeken, Chair Paul Minelga, Vice Chair James Bielefeld Jacob Caldwell Dan Pitts A quorum was present. Absent: James Zirul Joshua Daily Also in attendance were: Derek Ables, Airport Manager Scott Bloom, City Attorney Henry Knackstedt, City Council Liaison 3. Agenda Approval Chair Feeken noted that staff had requested the removal of item F4 from the agenda, along with the following additions to the packet: Add to Item F.5 Discussion/Recommendation — Recommending Council Adoption of a Resolution Authorizing the City Manager to Enter into a Bar and Lounge Concession Agreement for the Kenai Municipal Airport • Memo • Upper Deck Agreement & Attachments ■ Draft Resolution No. 2024-12 MOTION: Commissioner Bielefeld MOVED to approve the agenda with the requested revisions. Vice Chair Minelga SECONDED the motion. VOTE: There being no objection; SO ORDERED. B. SCHEDULED PUBLIC COMMENTS - None. C. UNSCHEDULED PUBLIC COMMENTS - None. Airport Commission Meeting Page 1 of 4 March 14, 2024 D. APPROVAL OF MINUTES 1. January 11, 2024 2. February 8, 2024 MOTION: Commissioner Bielefeld MOVED to approve the January 11 and February 8, 2024 Airport Commission minutes. VOTE: There being no objection; SO ORDERED, E. UNFINISHED BUSINESS — None. F. NEW BUSINESS 1. Discussion/Recommendation - Recommendations to Council for Changes to Kenai Municipal Code Chapter 21.20 Airport Commission, and Chapter 1.90 Standards for Boards, Commissions and Committees. MOTION: Vice Chair Minelga MOVED to recommend City Council adopt the proposed amendments to KMC Chapter 21.20 and Chapter 1.90 as provided in attachment A in the packet. Commissioner Bielefeld SECONDED the motion. Airport Manager Ables gave a staff report from information provided in the packet. Discussion ensued. UNANIMOUS CONSENT was requested on the motion. VOTE: There being no objection; SO ORDERED. 2. Discussion/Recommendation - Recommendation to Council to Change the Location of Airport Commission Regular Meetings to Kenai City Hall Council Chambers. MOTION: Commissioner Bielefeld MOVED to recommend City Council approval of amend Policy 20.020 to change the location of Airport Commission regular meetings to Kenai City Hall Council Chambers. Commissioner Caldwell SECONDED the motion. Airport Manager Ables gave a staff report from information provided in the packet. Discussion ensued. UNANIMOUS CONSENT was requested on the motion. VOTE: There being no objection; SO ORDERED. 3. Discussion/Recommendation — Recommending Council Enactment of Ordinance No. 3403- 2024 - Amending Sections of Kenai Municipal Code Chapters 21.10- Leasing and Acquisition of Airport Reserve Lands, and 22.05-Disposition of City Lands, to Extend the Time Allowed for Private Development on City Leased Lots and Requiring Certain Financial Assurances Prior to Lease Execution. MOTION: Commissioner Bielefeld MOVED to recommend City Council enact Ordinance No. 3403-2024. Commissioner Caldwell SECONDED the motion. Airport Manager Ables gave a staff report from information provided in the packet. Airport Commission Meeting Page 2 of 4 March 14, 2024 Discussion ensued. UNANIMOUS CONSENT was requested on the motion. VOTE: There being no objection; S❑ ORDERED. 4. Discussion/Recommendation -- Recommending Council Adoption of a Resolution Authorizing the City Manager to Enter into a Restaurant Concession Agreement for the Kenai Municipal Airport. This item was removed during agenda approval. 5. Discussion/Recommendation — Recommending Council Adoption of a Resolution Authorizing the City Manager to Enter into a Bar and Lounge Concession Agreement for the Kenai Municipal Airport. MOTION: Commissioner Caldwell MOVED to recommend City Council adopt a Resolution Authorizing the City Manager to Enter into a Bar and Lounge Concession Agreement. Vice Chair Minelga SECONDED the motion. Airport Manager Ables gave a staff report from information provided in the packet. UNANIMOUS CONSENT was requested on the motion. VOTE: There being no objection; SO ORDERED. G. REPORTS 1. Airport Manager — Airport Manager Ables reviewed his report as provided in the packet. 2. Commission Chair — No report. 3. City Council Liaison —Council Member Knackstedt reported on recent actions of the City Council. H. ADDITIONAL PUBLIC COMMENTS — None. I. NEXT MEETING ATTENDANCE NOTIFICATION — April 11, 2024 Commissioner Caldwell noted that he would be absent. J. COMMISSION QUESTIONS AND COMMENTS — None. K. ADJOURNMENT L. INFORMATIONAL ITEMS 1. Memorandum of Agreement with Greatland Consulting and Training LLC for Use of the Alaska Regional Fire Training Facility. 2. Repair and Maintenance Services Contract for Security Guard Services at the Kenai Municipal Ai rport. 3. A Special Use Permit to Rebecca Boettcher, DBA: The Fishing Grounds, LLC for Operation of a Snack/Gift Shop Inside the Kenai Municipal Airport. There being no further business before the Airport Commission, the meeting was adjourned at 6:47 p.m. I certify the above represents accurate minutes of the Airport Commission meeting of March 14, 2024. Airport Commission Meeting Page 3 of 4 March 14, 2024 L� / 5�� Meghan Rf. adeau Deputy City Clerk Airport Commission Meeting Page 4 of 4 March 14, 2024 KENA City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city MEMORANDUM Attachment c TO: Beautification Committee FROM: Scott Bloom, City Attorney DATE: February 5, 2024 SUBJECT: Proposed codification of the Beautification Commission and Amendments KMC Chapter 1.90 On January, 9, 2024 Terry Eubank, City Manager, Shellie Saner, City Clerk, and I met with your Committee in a work session to discuss possible changes to the Beautification Committee and KMC Chapter 1.90- Standard Procedures for Board, Commissions and Committees, as well as other procedures (such as an annual work plan) with the goal of improving the efficiency of your committee and making sure your valuable time as a member of this body is used wisely. Attached to this Memorandum in Attachment A are the code changes we discussed. The changes are shown in legislative format. Underlined words are new suggestions while words in all caps are suggested for removal. In addition, comments regarding each change are provided in red. These comments are for discussion purposes only for this Committee. If the Committee wishes to recommend Council approve the proposed amendments to code, a motion will be needed. For example, 1 move to recommend that the City Council adopt the proposed enactment of code for the Beautification Commission and amendments KMC Chapter 1.90 as provided in attachment A". After the main motion has been made and seconded the subject will be before the committee 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 Committee will be forwarded by the Administration to the Council in the form of an Ordinance, the Ordinance will also likely include recommended changes from other City Commissions that are relevant to their code sections. The Administration will also recommend an appropriate location in the City's Code of Ordinances for this newly proposed code section for organizational purposes only, but a final recommendation on this change is still in the works. It would not have any material effect on the Committee/Commission. Thank you for your consideration. Pagel of 3 Chapter XX.XX BEAUTIFICATION COMMISSION (if this body is to be established permanently in code, we recommend changing it from a temporary committee to a permanent commission) Sections: XX.XX.XXX Purpose. XX.XX.XXX Duties and powers. XX.XX.XXX Purpose. The purpose of the Beautification Commission is to advise the Council and administration on enhancing the appearance of the City. This proposed new section of code is intended to clearly state the purpose of the commission. Beautification means enhancing or improving the appearance of something or someone. XX.XX.XXX Duties and powers. (a) The Beautification Commission will: 1) Advise administration on seasonal disolays and decorations promoted by the Cit (2) Advise administration on selection of annual plantings of flora to be displayed in the City, (3) Advise Council and administration on City beautification issues 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 shall be arranged in order of preference, with recommendations as to which projects are recommended for construction in which year. These proposed duties were discussed with the beautification committee. They allow flexibility to allow the Commission to advise as needed when requested by administration or Council and also provide some specific duties. It is important to recognize that the City already has a parks and recreation commission and planning commissions, and this proposed newly created commission would be distinct and have a different area of focus though it could assist other departments as needed when requested by administration or the City Council. Chapter 1.90 STANDARD PROCEDURES FOR BOARDS, COMMISSIONS AND COMMITTEES Sections: 1.90.010 Creation. 1.90.020 Duties. The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023. Page 2 of 3 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. 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. The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023. Page 3 of 3 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. (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. The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023. KENAI BEAUTIFICATION COMMITTEE — SPECIAL MEETING FEBRUARY 13, 2024 — 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 CHAIR SARAH DOUTHIT, PRESIDING ACTION MINUTES A. CALL TO ORDER A Special Meeting of the Beautification Committee was held on February 13, 2024, in the Kenai City Council Chambers, Kenai, AK. Chair Douthit called the meeting to order at approximately 6:10 p.m. 1. Pledge of Allegiance Chair Douthit led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Sarah Douthit, Chair Emily Heale, Vice Chair Sonja Barbaza Terri Wilson (remote participation) A quorum was present. Absent: Christina Warner, Vice Chair Brittney Hoffert Also in attendance were: Tyler Best, Parks & Recreation Director Jenna Brown, Parks & Recreation Assistant Director Phil Daniel, City Council Liaison Terry Eubank, City Manager Shellie Saner, City Clerk 3. Agenda Approval MOTION: Committee Member Heale MOVED to approve the agenda as presented. Committee Member Barbaza SECONDED the motion. VOTE: There being no objection; SO ORDERED. B. NEW BUSINESS 1. Discussion/Recommendation - Recommendations to Council for Adoption of a New Section of Kenai Municipal Code Titled Beautification Commission, and Amendments to Chapter 1.90 Standards for Boards, Commissions and Committees. MOTION: Committee Member Heale MOVED to recommend that the City Council adopt of a new section of Kenai Municipal Code titled Beautification Commission, and amendments to Chapter 1.90 Standards for Boards, Commissions and Committees. Committee Member Barbaza SECONDED the motion. City Clerk Saner and City Manager Eubank gave a staff report from information provided in the packet. Discussion ensued; additional clarification was provided by City Clerk Saner. Members spoke in support. Beautification Committee Meeting Page 1 of 2 February 13, 2024 VOTE: YEA: Douthit, Heale, Wilson, Barbaza NAY: None ABSENT: Warner, Hoffert MOTION PASSED WITHOUT OBJECTION. C. ADDITIONAL PUBLIC COMMENTS — None. D. NEXT MEETING ATTENDANCE NOTIFICATION — March 12, 2024 Work Session It was noted that a work session had tentatively been set for March 12, 2024. Members noted they would not be available, and the meeting was rescheduled to April 9, 2024. E. COMMISSION QUESTIONS AND COMMENTS Committee Member Barbaza expressed appreciation for the efforts of staff. Committee Member Heale expressed appreciation for the previous meeting and efforts of staff. Chair Douthit said she was excited for the direction of the commission. F. ADJOURNMENT There being no further business before the Beautification Committee, the meeting was adjourned at 6:26 p.m. I certify the above represents accurate minutes of the Beautification Committee special meeting of February 13, 2024. Meghan Thibodeau Deputy City Clerk Beautification Committee Meeting Page 2 of 2 February 13, 2024 KENA City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city MEMORANDUM Attachment D 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 recommendation on this change is still in the works. It would not have any material effect on the Council. Thank you for your consideration. Page 2 of 2 (C.",The City of Kenai I www.kenai.city Pagel 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 challenaes and opportunities for local senior citizens. This section defines the aualification and membership as provided in the bvlaws. 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 Citv's Code of Ordinances. Citv Code will control. This section acknowledaes 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. 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. 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. `r BY-LAWS ]AND RULES OF PROCEDURE] FOR COUNCIL ON AGING COMMISSION KENAI, ALASKA [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.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 [MAYOR,1City Council and City Administration, [DIRECTOR, AND THE CITY OF KENAI, lof 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,ICOmmiSSlOri [WHOSE PURPOSE AND MAKE-UP WILL BE SET FORTH UNDER ARTICLE I, SECTION 31. 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 CexneilCommission 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. The members of the Eetmeil-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 elder ., challenges to the senior population. [2. THE MAYOR WILL APPOINT MEMBERS TO THE COUNCIL ON AGING COMMISSION SUBJECT TO CONFIRMATION BY THE CITY COUNCIL.h LtIThe duties of the Council will be as follows: [all_Advise the Director of Senior Citizen Programs on matters dealing with the budgets for senior programs and programs operated at the Senior Center. [_FORWARD COPIES OF MEETING SUMMARIES TO THE CITY CLERK [MAYOR OF THE CITY OF KENAIJ, WHO, IN TURN, WILL FORWARD THE REPORT TO THE CITY COUNCIL. [cLTo the extent practical, communications, advice, and reports shall be in written form and shall represent a consensus of the committee. Article II ELIGIBILITY RESTRICTIONS Commented [SS1]: In the new proposed Council on Aging Commission code "Qualifications and Membership" establishes that the commission conforms to KMC1.90; and KMC 1.9o.oio 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 20.02o 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. [�A MEMBER OF THE COMMISSIONUNC4-1SHALL BE AN ADULT PERSON RESIDING IN THE CITY OF KENAI n AREA, AND 51 % OF WHICH MUST BE SIXTY (6455) YEARS OF AGE OR OLDER. - Commented [SS3]: This same information has been included in the new proposed Council on Aging No employee of the City of Kenai is eligible for membership. Commission Code "Qualifications and Membership" I recommend removal from the By -Laws to prevent any There will be no more than one member per household. future amendments that may cause a conflict between code and the bylaws. BY-LAWS AND RULES OF PROCEDURE FOR COUNCIL ON AGING PAGE JArticle III MEETINGS JP,EGULAR 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 CommissionwwA and City Manager. Meetings maybe cancelled by the City Clerk, with notification of CommissioneufleA 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 Commissionr.l 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 L The affirmative vote of a majority present at a meeting is required to take action on any matter. A quorum of the CommissionernM 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''^7�COMMISSION The powers of the Commissiontwe4 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 Commissionu*e4 shall be submitted to the City AdministfaterCouncil for and shall be subjeet to approval by the Kenai City r,.,.. eil unless otherwise specified in these By -Laws or City Code. Article VII OFFICERS Officers shall be elected annually for one-year terns at the first meeting each year when a quorum is present. There shall be a Chairperson and Vice -Chairperson. ^'fieews are limited to two (2) sueeessive terms in the same effiee. BY-LAWS AND RULES OF PROCEDURE FOR COUNCIL ON AGING PAGE Commented [SS4]: Council Policy zo.ozo 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. Article VIII TERM OF APPOINTMENT AND ATTENDANCE Members of the Commission*ne4 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 tern of each appointed member of the Commissionaneil 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 Commissioner chairperson or his representative to do so without, therefore, becoming members of the GeCommissionuneli. Article XI RULES OF MEETING All meetings of the Commission until halwill 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 XX4-0, 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 Febfuai5, 16, 20 meeting approved the amended By -Laws and Rules of Procedures. BY-LAWS AND RULES OF PROCEDURE FOR COUNCIL ON AGING PAGE KENAI COUNCIL ON AGING — REGULAR MEETING FEBRUARY 8, 2024 — 3:00 P.M. KENAI SENIOR CENTER 361 SENIOR CT., KENAI, AK 99611 CHAIR KEN AYERS, PRESIDING ACTION MINUTES A. CALL TO ORDER 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 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 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 Page 1 of 3 February 8, 2024 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 or 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. Discuss ion/Rocommendati on — Recommendations to Council for Amendments to Council on Aging Bylaws. Approved during the previous agenda item, G. REPORTS 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 Page 2 of 3 February 8, 2024 I certifyy the above represents accurate minutes of the Council on Aging meeting of February 8, 2024. Meghan Thibodeau Deputy City Clerk Council On Aging Meeting Page 3 of 3 February 8, 2024 BY-LAWS FOR COUNCIL ON AGING COMMISSION Attachment E 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 d� City of Kenai 7,0/ MEMORANDUM 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.6nai.city TO: Harbor Commission Attachment F FROM: Scott Bloom, City Attorney DATE: February 5, 2024 SUBJECT: Proposed Amendments to KMC Chapter 11.10 and KMC Chapter 1.90 On January, 8, 2024 Terry Eubank, City Manager, Shellie Saner, City Clerk, and I met with your Commission in a work session to discuss possible code changes to KMC Chapter 11.10 - Harbor Commission and KMC Chapter 1.90- Standard Procedures for Board, Commissions and Committees, as well as other procedures (such as an annual work plan) with the goal of improving the efficiency of your commission and making sure your valuable time as a commissioner is used wisely. Attached to this Memorandum in Attachment A are the code changes we discussed. The changes are shown in legislative format. Underlined words are new suggestions while words in all caps are suggested for removal. In addition, comments regarding each change are provided in red. These comments are for discussion purposes only for this Commission. If the Commission wishes to recommend Council approve the proposed amendments to code, a motion will be needed. For example, "I move to recommend that the City Council adopt the proposed amendments to KMC Chapter 11.10 and Chapter 1.90 as provided in attachment A". After the main motion has been made and seconded the subject will be before the commission for discussion and additional amendments. If additional amendments are proposed they must be made in the form of a motion, be seconded and voted on. Once discussion is complete and no additional amendments are proposed, the main motion will be voted on. All proposed amendment(s) that are approved by a majority of the Commission will be forwarded by the Administration to the Council in the form of an Ordinance, the Ordinance will also likely include recommended changes from other City Commissions that are relevant to their code sections. The Administration may also recommend moving code provisions pertaining to the Harbor Commission into a different section of code, from KMC 11.10into KMC 1.90, for organizational purposes only, but a final recommendation on this change is still in the works. It would not have any material effect on the Commission. Thank you for your consideration. KMC Chapter 11.10, Harbor Commission Pagel of 4 Chapter 11.10 HARBOR COMMISSION Sections: 11.10.005 Purpose. 11.10.010 Duties and powers. 11.10.005 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. This proposed new section of code is intended just to clearly state the purpose of the 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] Review and provide recommendations on any master plans 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 ] This 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; As discussed previously, these changes reflect that the commission itself is not independently responsible for any master plans, but that the Commission's role to provide recommendations on such plans as they are developed. (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)] five-year period. Such list shall be arranged in order of preference, with recommendations as to which projects [SHALL BE] are recommended for constructed in which year. The changes in this section are intended to reflect the actual timeline utilized by the City in its capital planning and that these are recommendations dependent on funding. (3) Act in an advisory capacity to the Council and administration [MAKE INVESTIGATIONS] regarding [ANY] 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. This change is recommended to reflect that the commission really doesn't have a budget or authority to independently carry out investigations, but instead its role is to advise and make recommendations to administration and the Citv Council. The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023. KMC Chapter 11.10, Harbor Commission Page 2 of 4 (4) Review all City leases of City -owned tide[,] and submerged lands , AND LANDS OR NAVIGABLE WATERS WITHIN THE CITY, AND AS TO THE PLANNED IMPROVEMENTS PROPOSED] and make recommendations to the City Council and administration. These are just housekeeping changes (5) Provide information and recommendations as requested by the City Council. [MAKE AND PREPARE REPORTS AND PLANS FOR APPROVAL BY THE CITY COUNCIL This change again reflects that the role of the Harbor Commission is to advise the Council, as opposed to independently acting. (6) COORDINATE PUBLIC EFFORTS, INDIVIDUAL AND GROUP, TO THE EFFECTUATION OF APPROVED PLANS.] This language is recommended for removal as City Administration generally carries out plans approved by the Council as opposed to advisory bodies. ([6]) Advise and provide recommendations to the administration as requested on the qualifications for a Harbor Master. [SHALL ACT IN ADVISORY CAPACITY IN THE SELECTION OF A HARBOR MASTER SHOULD SUCH A POSITION BE CREATED BY THE CITY COUNCIL.] Because this role is unique in current code to this Commission and the parks and Recreation it is the City Manager's preference that this be removed entirely, but with the new language the City manager is not strongly opposed to it. Chapter 1.90 STANDARD PROCEDURES FOR BOARDS, COMMISSIONS AND COMMITTEES Sections: 1.90.010 Creation. 1.90.020 Duties. 1.90.030 Qualifications. 1.90.040 Terms. 1.90.050 Proceedings. 1.90.060 Specific requirements of boards, commissions and committees. 1.90.010 Creation. All boards, commissions and committees created by the Council of the City of Kenai, [SHALL] unless otherwise specified, will consist of seven [(7)] members who shall be nominated by the Mayor and confirmed by the City Council from applications submitted to the City Clerk. A chair and vice -chair shall be selected annually and shall be elected from and by the appointed members. At the organizational meeting of Council, or as soon thereafter as practicable, the Mayor, after consultation with Council, shall nominate Council Members as a council liaison to any board, commission or committee. After confirmation by Council, the council liaison may attend all meetings of the board, commission or committee. A council liaison is not a member of, and shall have no voting power or any other rights of membership on, the board, commission or committee. The Mayor and other Council Members may attend meetings of boards, commissions or committees when serving as an alternate for the Council liaison, or in 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. The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023. KMC Chapter 11.10, Harbor Commission Page 3 of 4 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. 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. The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023. KMC Chapter 11.10, Harbor Commission Page 4 of 4 (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. (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. The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023. KENAI HARBOR COMMISSION — REGULAR MEETING FEBRUARY 12, 2024 — 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 CHAIR LISA GABRIEL, PRESIDING ACTION MINUTES A. CALL TO ORDER A Regular Meeting of the Harbor Commission was held on February 12, 2024, in the Kenai City Council Chambers, Kenai, AK. Chair Gabriel called the meeting to order at approximately 6:00 p.m. 1. Pledge of Allegiance Chair Gabriel led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Lisa Gabriel, Chair Jeanne Reveal, Vice Chair David Peck Matthew Moffis John Coston A quorum was present. Also in attendance were: Scott Curtin, Public Works Director Lisa List, Public Works Administrative Assistant Victoria Askin, City Council Liaison Terry Eubank, City Manager Shellie Saner, City Clerk Linda Mitchell, Planning Director 3. Agenda Approval MOTION: Commissioner Peck MOVED to approve the agenda as presented. Vice Chair Reveal 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. November 6, 2023 2. January 8, 2024 MOTION: Commissioner Peck MOVED to approve the November 6, 2023 and January 8, 2024 Harbor Commission minutes. Commissioner Reveal SECONDED the motion. VOTE: There being no objection; SO ORDERED. Harbor Commission Meeting Page 1 of 3 February 12, 2024 E. UNFINISHED BUSINESS — None. F. NEW BUSINESS 1. Discussion/Recommendation - Recommending City Council Adoption of Proposed Amendments to KMC Chapter's 11.10 Harbor Commission and KMC 1.90 Standard Procedures for Boards, Commissions and Committees. MOTION: Commissioner Coston MOVED to recommend that the City Council adopt the proposed amendments to KMC Chapter 11.10 and Chapter 1.90 as provided in attachment A in the packet. Vice Chair Reveal SECONDED the motion. City Manager Eubank and City Clerk Saner gave a staff report from information provided in the packet. VOTE: YEA: Gabriel, Reveal, Peck, Moffis, Coston NAY: None MOTION PASSED UNANIMOUSLY. 2. Discussion/Recommendation - Recommending City Council Enact Ordinance 3391-2024 - Amending the Imagine Kenai 2030 Comprehensive Plan Land Use Plan Map for Certain Parcels from Industrial to Mixed -Use. MOTION: Vice Chair Reveal MOVED to recommend City Council enactment of Ordinance No. 3391-2024. Commissioner Peck SECONDED the motion. Commissioner Moffis declared a possible conflict of interest, stating that he owns property in the area affected. Chair Gabriel ruled that there was a conflict, and recused Commissioner Moffis from deliberation and voting. Commissioner Costin declared that he serves on both the Harbor Commission and Planning & Zoning Commission, but that his vote this evening would be in regards to how this item relates to his role as a member of the Harbor Commission. Planning Director Mitchell gave a staff report from information provided in the packet. VOTE: YEA: Gabriel, Reveal, Peck, Moffis, Coston. NAY: None. MOTION PASSED UNANIMOUSLY. 3. Discussion/Recommendation - Recommending City Council Enact Ordinance 3392-2024 - Amending the Kenai Zoning Code to Add a New Zoning District, Working Waterfront (WW) and Amending the Official Zoning Map for Certain Parcels from Heavy Industrial (IH) to Working Waterfront (WW) or Conservation (C) Zoning District. MOTION: Commissioner Peck MOVED to recommend City Council enactment of Ordinance No. 3392-2024. Vice Chair Reveal SECONDED the motion. Commissioner Moffis declared a possible conflict of interest, stating that he owns property in the area affected. Chair Gabriel ruled that there was a conflict, and recused Commissioner Moffis from deliberation and voting. Harbor Commission Meeting Page 2 of 3 February 12, 2024 Commissioner Costin declared that he serves on both the Harbor Commission and Planning & Zoning Commission, but that his vote this evening would be in regards to how this item relates to his role as a member of the Harbor Commission. Planning Director Mitchell gave a staff report from information provided in the packet. UNANIMOUS CONSENT was requested on the motion. VOTE: There being no objection; SO ORDERED. G. REPORTS 1. Public Works Director — Director Curtin reported on the following: • The US Army Corps of Engineers has awarded a contract for the Kenai Bluff Bank Stabilization Project to Western Marine Construction Inc. 2. Commission Chair— Chair Gabriel thanked staff. 3. City Council Liaison — Council Member Askin reported on recent City Council actions. H. ADDITIONAL PUBLIC COMMENTS — None. I. NEXT MEETING ATTENDANCE NOTIFICATION — March 11, 2024 J. COMMISSION QUESTIONS AND COMMENTS Commissioner Coston thanked staff for the proposed code modifications. Commissioner Peck thanked staff for the presentations. Commissioner Moffis thanked staff. K. ADJOURNMENT L. INFORMATIONAL ITEMS — None. There being no further business before the Harbor Commission, the meeting was adjourned at 6:18 p.m. I certify the above represents accurate minutes of the Harbor Commission meeting of February 12, 2024. Meghan Thibodeau Deputy City Clerk Harbor Commission Meeting Page 3 of 3 February 12, 2024 KENA City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city MEMORANDUM Attachment G TO: Parks and Recreation Commission FROM: Scott Bloom, City Attorney DATE: January 24, 2024 SUBJECT: Proposed Amendments to KMC Chapter 19.05 and KMC Chapter 1.90 On January, 4, 2024 Terry Eubank, City Manager, Shellie Saner, City Clerk, and I met with your Commission in a work session to discuss possible code changes to KMC Chapter 19.05- Parks and Recreation Commission and KMC Chapter 1.90- Standard Procedures for Board, Commissions and Committees, as well as other procedures (such as an annual work plan) with the goal of improving the efficiency of your commission and making sure your valuable time as a commissioner is used wisely. Attached to this Memorandum in Attachment A are the code changes we discussed. The changes are shown in legislative format. Underlined words are new suggestions while words in all caps are suggested for removal. In addition, comments regarding each change are provided in red. These comments are for discussion purposes only for this Commission. If the Commission wishes to recommend Council approve the proposed amendments to code, a motion will be needed. For example, "I move to recommend that the City Council adopt the proposed amendments to KMC Chapter 19.05 and Chapter 1.90 as provided in attachment A". After the main motion has been made and seconded the subject will be before the commission for discussion and additional amendments. If additional amendments are proposed they must be made in the form of a motion, be seconded and voted on. Once discussion is complete and no additional amendments are proposed, the main motion will be voted on. All proposed amendment(s) that are approved by a majority of the Commission will be forwarded by the Administration to the Council in the form of an Ordinance, the Ordinance will also likely include recommended changes from other City Commissions that are relevant to their code sections. The Administration may also recommend moving code provisions pertaining to the Parks and Recreation Commission into a different section of code, from KMC 19.05 into KMC 1.90, for organizational purposes only, but a final recommendation on this change is still in the works. It would not have any material effect on the Commission. Thank you for your consideration. Chapter 19.05 PARKS AND RECREATION COMMISSION Sections: 19.05.010 Creation. 19.05.020 Duties and powers. 19.05.030 Terms and appointments to vacancies. 19.05.040 Qualifications of Commission members. 19.05.050 Proceedings of Commission. 19.05.010 [Creation] Purpose. The purpose of the Parks and Recreation Commission is to advise the Council and administration on issues involving the City's parks and recreational facilities. This proposed new section of code is intended just to clearly state the purpose of the commission. 19.05.020 Duties and powers. The Commission shall be required to do the following: (a) [DEVELOP, ADOPT, ALTER, OR REVISE SUBJECT TO APPROVAL BY THE CITY COUNCIL, A] Review and provide recommendations on any master plans for the physical development of recreation facilities for the City. Such master plans with accompanying maps, plats, charts, descriptive, and explanatory matter, [SHALL] may show the Commission's recommendations for the development of the City's recreation facilities[Y MAY] includingLEJ, among other things: As discussed previously, these changes reflect that the commission itself is not independently responsible for any master plans, but that the Commission's role to provide recommendations on such plans as they are developed. Changes are also included to reflect that the City does not currently have any parks or recreation master plans, and while they are desired by the current administration it is unclear when funding might be available to hire a consultant to assist in completing such plans. (1) Development of the type, location, and sequence of all public recreation facilities; and (2) The relocation, removal, extension, or change of use of existing recreation facilities. (b) Submit annually to the City Manager and Council, not less than ninety [(90)] days prior to the beginning of the budget year, a list of recommended capital improvements, which in the opinion of the Commission, are necessary or desirable to be constructed during the forthcoming [THREE (3)] five year period. Such list shall be arranged in order of preference, with recommendations as to which projects [SHALL BE] are recommended for construction FED] in which year. The changes in this section are intended to reflect the actual timeline utilized by the City in its capital planning and that these are recommendations dependent on funding. (c) [MAKE INVESTIGATIONS REGARDING ANY MATTER RELATED TO CITY RECREATION] Advise the Council and Administration on concerns and recommendations regarding parks and recreational facilities within the City including recommendations for consideration by the Administration in the development of the Parks and Recreation Department's annual budget. This change is recommended to reflect that the commission really doesn't have a budget or authority to independently carry out investigations, but instead its role is to advise and make recommendations to administration and the City Council. Changes to this section further specifically seek recommendations in the Department's annual budget preparations. (d) Provide information and recommendations as requested [MAKE AND PREPARE REPORTS AND PLANS FOR APPROVAL] by the City Council. This change reflects again that rather than acting independently, the commission's role is really to gather information and make recommendation on issues requested by the Council. (e) Advise and provide recommendations to the Administration as requested on the qualifications for [SHALL ACT IN ADVISORY CAPACITY IN THE SELECTION OF] a Director of Parks and Recreation. This change was requested by some members of the commission. Because this role is unique in current code to this Commission and the harbor Commission in the selection of a harbor master, it is the City Manager's preference that this be removed entirely, but with the new language the City manager is not strongly opposed to it. Chapter 1.90 STANDARD PROCEDURES FOR BOARDS, COMMISSIONS AND COMMITTEES Sections: 1.90.010 Creation. 1.90.020 Duties. 1.90.030 Qualifications. 1.90.040 Terms. 1.90.050 Proceedings. 1.90.060 Specific requirements of boards, commissions and committees. 1.90.010 Creation. All boards, commissions and committees created by the Council of the City of Kenai, [SHALL] unless otherwise specified, will consist of seven [(7)] members who shall be nominated by the Mayor and confirmed by the City Council from applications submitted to the City Clerk. A chair and vice -chair shall be selected annually and shall be elected from and by the appointed members. At the organizational meeting of Council, or as soon thereafter as practicable, the Mayor, after consultation with Council, shall nominate Council Members as a council liaison to any board, commission or committee. After confirmation by Council, the council liaison may attend all meetings of the board, commission or committee. A council liaison is not a member of, and shall have no voting power or any other rights of membership on, the board, commission or committee. The Mayor and other Council Members may attend meetings of boards, commissions or committees when serving as an alternate for the Council liaison, or in 8 their capacity as elected officials. City administrative staff shall attend and supply staff support to all meetings of boards, commissions and committees. This change isjust 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 notjust the City Council. (b) If the board, commission or committee has income stated within the City of Kenai annual budget, said board, commission or committee shall work with the City Manager to establish expenses projected for the year for approval by the City Council. (Ord. 2748-2014) 1.90.030 Qualifications. (a) A member of a board, commission or committee must be a resident of the City of Kenai, unless the board, commission or committee is specifically exempted by Council from this requirement. The member cannot be an officer or employee of the City of Kenai. If any member should move his or her residence from the corporate limits of the City of Kenai (if applicable), is an officer or employee of the City of Kenai, or shall be elected or appointed as an officer or employee of the City of Kenai, the service of such member shall terminate immediately. He or she should be aware that he or she will serve without salary, but will be reimbursed for all reasonable expenses incurred in connection with this service, only after approval by Council. (b) The Beautification Committee, and Harbor, Library, and Parks and Recreation Commissions may at the discretion of the Council have up to two (2) non-resident members each. (c) The Planning and Zoning Commission may have up to one member that is not a resident of the City if they have a controlling ownership interest in a business physically located in the City. This provision specifically does not create a designated seat for a non-resident. (Ords. 1948-2002, 2320-2008, 2829-2015) 1.90.040 Terms. (a) A member of a board, commission or committee shall serve for a term of three (3) years, unless the board, commission or committee is specifically exempted by Council from this requirement. At renewal date, the Mayor, with consent of the Council, can reappoint the member or recommend a replacement. (b) The terms of the initial board, commission or committee member shall be staggered so that three (3) members will be appointed for one (1) year; two (2) members will be appointed for two (2) years; and two (2) members will be appointed for three (3) years. Terms shall commence on January 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 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 10 commission, committee or board member may not have more than three (3) excused absences during a twelve (12) month calendar year. (c) In all matters of parliamentary procedure, the most current edition of Robert's Rules of Order Newly Revised shall be applicable and govern all meetings, unless as specified in KMC 1.15.060, motions; KMC 1.15.100, speaking; and KMC 1.15.110, voting. (d) The responsibility of insuring that all members of boards, commissions and committees receive a copy of the Standard Procedures of Boards, Commissions and Committees lies with the City Clerk. (Ords. 1610-94, 2017-2003, 2050-2004, 2140-2006, 2614-2012, 3202-2021) 1.90.060 Specific requirements of boards, commissions and committees. Requirements of boards, commissions and committees as set forth in KMC 1.90 are general requirements and shall be followed to the extent that they do not conflict with specific requirements found in code sections specifically pertaining to individual boards, commissions and committees. (Ords. 1223, 1239) The Kenai Municipal Code is current through Ordinance 3380-2023, passed November 15, 2023. Disclaimer: The City Clerk has the official version of the Kenai Municipal Code. Users should contact the City Clerk for ordinances passed subsequent to the ordinance cited above. City Website: www.ken ai.city City Telephone: (907) 283-7535 Hosted by Code Publishing Company, A General Code Company. is KENAI PARKS & RECREATION COMMISSION — REGULAR MEETING FEBRUARY 1, 2024 — 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 VICE CHAIR SOVALA KISENA, PRESIDING ACTION MINUTES A. CALL TO ORDER A Regular Meeting of the Parks & Recreation Commission was held on February 1, 2024, in the Kenai City Council Chambers, Kenai, AK. Vice Chair Kisena called the meeting to order at approximately 6:00 p. M. 1. Pledge of Allegiance Vice Chair Kisena led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Sovala Kisena, Vice Chair Kyle Graham Michael Bernard A quorum was present. Absent: Grant Wisniewski, Chair Nigel LaRiccia Jennifer Joanis Charlie Stephens Also in attendance were: Tyler Best, Parks & Recreation Director Jenna Brown, Parks & Recreation Assistant Director Terry Eubank, City Manager Shellie Saner, City Clerk 3. Agenda Approval MOTION: Commissioner Joanis MOVED to approve the agenda as presented. Commissioner Stephens SECONDED the motion. VOTE: There being no objection; SO ORDERED. B. SCHEDULED PUBLIC COMMENTS - None. C. UNSCHEDULED PUBLIC COMMENTS - None. D. APPROVAL OF ACTION MINUTES 1. January 4, 2024 MOTION: Commissioner Joanis MOVED to approve the January 4, 2024 Parks & Recreation Commission minutes. Commissioner LaRiccia SECONDED the motion. Parks & Recreation Commission Meeting Page 1 of 2 February 1, 2a24 VOTE: There being no objection; SO ORDERED. E. UNFINISHED BUSINESS 1. Discussion/Recommendation - Recommendations to Council for Changes to Kenai Municipal Code Chapter 19.05 Parks and Recreation Commission, and Chapter 1.90 Standards for Boards, Commissions and Committees. MOTION: Commissioner Stephens MOVED to recommend City Council approval of the changes to Kenai Municipal Code Chapter 19.05 Parks and Recreation Commission, and Chapter 1.90 Standards for Boards, Commissions and Committees. Commissioner Joanis SECONDED the motion. Director Best gave a staff report from information provided in the packet; City Clerk saner clarified the intent of the changes. Discussion ensued; Commissioner Joanis and Vice Chair Kisena spoke in support. UNANIMOUS CONSENT was requested on the motion. VOTE: There being no objection; SO ORDERED. F. NEW BUSINESS G. REPORTS 1. Parks & Recreation Director — No report. 2_ Commission Chair -- No report. 3. City Council Liaison — No report. H. ADDITIONAL PUBLIC COMMENTS — None. NEXT MEETING ATTENDANCE NOTIFICATION — March 7, 2024 Commissioner Stephens noted he would be absent. J. COMMISSION QUESTIONS AND COMMENTS— None. K. ADJOURNMENT L. INFORMATIONAL ITEMS — None. There being no further business before the Parks & Recreation Commission, the meeting was adjourned at 6:11 P.M. I certify the above represents accurate minutes of the Parks & Recreation Commission meeting of February 1, 2024. Meghan Thibodeau Deputy City Clerk Parks & Recreation Commission Meeting Page 2 of 2 February 1, 2024