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Home My WebLink About2008-08-05 Library Commission PacketKENAI LYBRARY COMMISSION KENAI COUNC%L CHAMBERS AUGUST 5, 2008 9:00 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUM Y -- June 3, 2008 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion -- Internet Safety Policy b. Discussion -- Rasmuson Tier II Grant ITEM 6: NEW BUSINESS a. Discussion -- Library Regulations in City Code regarding Borrower's cards YTEM 7: REPORTS a. Director b. Friends of the Library o. City Council Liaison STEM 8: COMMISSION COMMENTSIQiIESTI®NS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD YTEM 10: INFORMATION a. Kenai City Council Action Agendas of July 18 and July 2, 2008. b. Ordinance No. 2319-2008 -- Ethics Rules ITEM 11: ADJOURNMENT PLEASE CONTACT U5 IF YOU WILL NOT BE ABLE TO ATTEN® THE MEETING: CAROL -- 283-8231 OR MARY JO -- 283-4378 ~*w^3. KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS JUNE 3, 2008 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- May 6, 2008 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion -- Rasmuson Site Visit ITEM 6: a, b ITEM 7: a, b c. NEW BUSINESS Discussion -- Commission Participation in July 4~ Parade Discussion -- Internet Safety Policy REPORTS Director Friends of the Library City Council Liaison ITEM 8: COMMISSION COMMENTS/QUESTIONS YTEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Kenai City Council Action Agendas of May 7 and 20, 2008. b. ,Letter from Congressman Don Young ITEM 11: ADJOURNMENT KENAI LIBRARY COMMISSION KENAY COUNCIL CHAMBERS JUNE 3, 8008 7:00 P.M. CHAIR EILEEN BRYSON, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER 8v ROLL CALL Chair Bryson called the meeting to order at approximately 7:02 p.m. Roll was confirmed as follows: Commissioners present: K. Heus, E. Bryson, B. Peters, C. Brenckle Commissioners absent: E. DeForest, M. Graves, C. Cook Others present: Council Member H. Smalley and Library Director M. Joiner ,: quorum was present ITEM 2: AGENDA APPROVAL MOTION: Commissioner Peters MOVED to approve the agenda as presented and Commissioner Brenckle SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- May 6, 2008 r_~rnTanrx*. Commissioner Peters MOVED to approve the May 6, 2008 meeting summary as presented and Commissioner Brenckle SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5: OLD BUSINESS 5-a. Discussion -- Rasmuson Site Visit Discussion included: • The visit by Rasmuson Foundation representative Helen Howarth went well. • Howarth encouraged the city to apply for other Rasmuson grants. • It appeared the library grant would be considered in July with other Tier II grants. ITEM 6: NEW BUSINESS 6-a. Discussion -- Commission Participation in July 4'~ Parade The members discussed walking in the parade or operating a booth where Friends of the Library would sell items and discussed options for participating in the parade, i.e. walkers or a float, etc. 6-b. Discussion -- Internet Safety Policy Joiner requested the Commission to consider developing an Internet Safety Policy to meet CIPA guidelines. She noted, she would work with staff and the city attorney and bring a draft policy forward for the commission to consider. ITEM 7: REPORTS 7-a. Director -- Joiner provided a written report to the members, highlighting the award of an Interlibrary Cooperation Grant of $4,700 and E-rate funds of approximately $3,700. r -ls. Friends o€ tFie Library -- Commissioner Heus reported on activities of the Friends, i.e. forming fundraising committees, selection of "overdue to renew" as a fundraising slogan; the development of a web page (friendskenailibrary.org); vacancies on the board; and the July 17-19 book sale at the state office building. 7-c. City Council Liaison -- Council Member Smalley reviewed the May 7 and 20 council meeting action agendas included in the packet, and reported on Caring for the Kenai contest, increase of airport fees, and the heating/cooling system at the Visitors Center. ITEM 8: Brenckle -- Reported she would not be present at the July 1 meeting. Peters -- Discussed Commission activities with regard to the Friends organization. Heus -- Reported she would not be present at the July 1 meeting. Bryson -- Reported she would not be present for the July and August meetings. Heus -- Encouraged commissioners to find others willing to walk in the parade. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None. ITEM 10: INFORMATION 10-a. 'Kenai City Council Action Agendas of May 7 and 20, 2008. 10-b. Letter from Congressman Don Young ITEM 11: ADJOURNMENT LIBRARY COMMISSION MEETING JUNE 3, 2008 PAGE 2 MOTION: Commissioner Brenckle MOVED to adjourn and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting adjourned at approximately 8:06 p.m. Meeting summary prepared and submitted by: Carol L. Freas, City Clerk LIBRARY COMMISSION MEETING JUNE 3,.2008 PAGE 3 s KENAI COMMUNITY LIBRARY INTERNET SAFETY POLICY The mission of the Kenai Community Library is to provide a comfortable and friendly environment in which the public may: • Have a reasonable expectation that they will leave the building with what they came for; • Relax azid read current materials; • Receive knowledgeable assistance and answers to questions; • Pursue opportunities for lifelong learning; • Find professionally selected materials in all formats for personal enjoyment; • Enjoy' programs or performances; • Have access to technological resources. In support of this mission, the Library provides individualized assistance, commupty outreach, professional expertise, and current technologies for equal access to facilities, quality services, and materials in a variety of formats. The library supports the Library Bill of Read statement. The Library's mandate sides of an issue. Current Internet Polices • Internet access sha respect for other facilities, LISP of • law. ghts of the American.Library Association Rreedom to fo ,,provide the public access to information on all nable, £air, and equitable to all users with the ral user?5;responsibility to demonstrate judgment, conduct while using Public Library resources and tLteS aore~m ent to Comply `tenth tl?'.S p^liCy_ be considered private and con( dentiality will be (public environment, the technology of the equipment, • Violations of Iibrary guidelines and engaging in certain prohibited practices in Internet use may leadao the suspension or revocation of Internet access through the Library. Guidelines for Resnousible Use It is expected that the user of the Internet: • Shall make only authorized access to systems, netware, software, and databases for educational, informational, and recreational purposes only. it is • Shall. avoid The sending, receiving, and displaying of text or graphics that may be reasonably construed as sexually explicit or offensive. A written definition of what constitutes "sexually explicit" material is available at the front desk. Shall obey the law and regulations in their application to copyright, licensed software and data. Shall be aware that violations of these guidelines for responsible use my lead to the suspension or revocation of your Internet access within the Library. Unacceptable Uses of Computers and Rules of Conduct Among the uses that are considered unacceptable and which constitute a violation of this policy are the following: • Uses that violate the law or encourage others to violate the law. Downloading and viewing visual depictions that are (1) obscene, (2) chil~,pornography, or (3) harmful to minors. • Uses that violate copyright laws and licensingagreements, such as downloading materials that encourage others to violate the law; dovdriloading or transmitting confidential, trade secret information; or copyrighted materials. • Uses that cause harm to others or daxtaage to their property,, Engaging in defamation, uploading any harmful form of programming, vandalism; or "hacking". • Uses that jeopardize the security of access of. the computer network or other networks on the Internet, Altering the-Library's computer settings; damaging or modifying computer equipment or software. • Uses that compromise the safety and security of minors when using e-mail, chat rooms and. other forms of direct electronic communications: Giving others urivate information about,one's self or others< Minor is-defined~as under age 18 • Uses that Violate Confidentiality 4f Information: Personally identifiable information about~users may not be disclosed or used in any way, except to law enforcement authorities as provided in the law. Statement The Internet with its ~lghly diverse and often controversial content is an unregulated resource and can be used only at your own risk. Beyond its home pages, Kenai Community Library cannot control the information found on the Intemet and is not responsible for its accuracy, correctness or its suitability. Library may suggest specific Intemet sites that have potential interest for Library users, but the Library cannot control a user's access to other Internet resources. The Kenai Community Library has not installed filters for Internet access. No fihering system is completely effective or efficient. This is especially true in filtering of images and video. Filters on Internet terminals might restrict access to sites that could be deemed objectionable, but would also limit access to sites that have legitimate research value. xA Special Note to Parents The Internet's "user friendliness" and intrinsic flexibility to access a wide range of well known and many lesser known information resources demands diligent and thoughtful pazentai supervision. It should be understood that the Kenai Community Librazy cannot actas a' censor or as a substitute parent. It is the responsibility of the parent to provide t1loversight to ensure their children's use of the Intemet in an appropriate and safe manner: As with all Library resources, the Library affirms the right and responsibility Qf parents/guard'ians, NOT Library staff, to determine and monitor their minor children's use of the Internet. (Minors are defined in Phis policy.as children and ' young people under the age of 18 years.) Parents who believe thattheir children cannot responsibly use the Library's Internet access are requested to~~monitor their children's Intemet use. Internet Offerings and Limitations • Library access to the Internet is available of ~york stations tthat use software designed to browse the World Wide Web (WWW). Dialin access is not available through the library. • You will need a current Kehai Community Library card or photo identification in order to check in for computer use. Computer use is :limited to one time per day. The library offers both sit-down timed stations (one hour in~ihe winter, 45 minutes in the summer) and expresses terminals (2U minutes.) • ~'ou may not use your own software programs on the library computers, nor install any pro~ams or drivers an the library computers. This will help prevent computer viruses that are common on public computers. • Bring your own used disk or drive, formatted for an IBM PC compatible, if you wish to save file. There is a system printer for printing at $.25 per page. • Misuse of the computer or Internet access will result in loss of your computer privileges. • Because of library scheduling, Internet-trained staff may not always be available. Response to Violations Internet computers may not be used by anyone, including minors, for illegal activity, to access illegal materials, or to access materials that by local community standards would be obscene. Library employees are authorized to take prompt and appropriate actions to prohibit use by persons who fail to comply with the Internet Safety Policy as stated or implied herein. Responsibilities of Library Staff and Users Library staff will not monitor a user's Internet use, except for length of use in order to ensure equal opportunity of access for everyone. The user, or the parent of a minor, is responsible for his or her Internet session at all times. The Library reserves the right to terminate an Internet session that disrupts library services or that involves user behavior that violates the Library's policies. Disclaimers While the Library endeavors to provide access to information of the highest,. quality, the Library specifically disclaims any warrant as to the information's accuracy, timeliness, authoritativeness, usefulness or fitness for a particular purpose. The Library will have no liability for direct, indirect or consequential damages.- related to the use of information accessed through the Library's,internet service Since software and information downloaded from any sources; including the Internet, may contain computer viruses, users are advised to-utilize virus checking software on their home computers. The Library is not responsible for damage to users' disks or computers or for'any loss of data, damage or liability that may occur from use of the Library's computiers. < . Publicly discussed and adopted by the Kenai Comm-unity Library Commission, signed ,date Child Online Protection Act Gets Third Strike ' Posted on July 23, 2008. Child Online Protection Act Gets Third Strike Page 1 of 1 ~1T1~6"(C~CI ~~ Libl^ary Assciciafic~n After a decade of federal litigation and two decisions that were returned to lower courts from the Supreme Court for further review, the Third Circuit Court of Appeals July 22 unanimously declared unconstitutional for the third time the Child Online Protection Act of 1998 on First and Fifth Amendment grounds. "The government has no more right to censor the Internet than it does books and magazines," Chris Hansen, ACLU senior staff attorney, remarked after the ruling was handed down. During the string of legal proceedings, the American Library Association's Freedom to Read Foundation filed several amicus curiae briefs on behalf of the plaintiffs, the latest in November 2007 in American Civil Liberties Union v. Mukasey. (The first was fleed_ in 1999 in support of ACL U v. Reno; as the challenge proceeded, it became known successively as ACL U v. Ashcroft and ACL U v. Gonzales.) Signed into law by Pres. Bill Clinton in 1998, COPA mandated a $50,000-per-day fine and. up to six months' incarceration for a websitP owner who posts a commercial online communscation "that ±ncludes any material that is harmful to minors," defined as anyone 17 or younger, unless the site keeps minors out through a digital age-verification gateway. The law was intended as a more narrowly tailored version of the Communications Decency Act of 2006, whose criminalization of "indecent speech" was overturned in 1997. Due to an injunction granted in February 1999, COPA has never been enforced. The Supreme Court upheld the injunction in 2004 and sent the case back to the lower courts for trial The COPA challenge returned to the Supreme Court in 2004, when the justices once again remanded the case to the district court level this time to weigh whether filtering technology had evolved into a less restrictive alternative than COPA in the years since the law was originally enacted. In its latest decision, the appeals court ruled that CODA "effectively suppresses a large amount of speech That adults have a constitutional right to receive and to address to one another." Agreeing with the lower court's March 2007 findinls; the decision stated that blocking software, "although not flawless," is a less-restrictive means of shielding youngsters from sexually explicit material. The court asserted that parents can tailor software settings "to the age and maturity of their children and thus use an appropriate flexible approach differing from COPA's `one size fits all' approach," which the decision deemed "impermissibly vague" in violation of the Fifth Amendment by not specifying what would constitute a criminal violation. Filters "do not subject speakers to criminal or civil penalties," and can block access to non-U.S. websites as COPA cannot, the ruling asserted. Expressing disappointment that the court "struck down a congressional statute designed to protect our children from exposure to sexually explicit material on the Internet," Justice Department spokesperson Charles Miller told American Libraries that the government was reviewing its options and "deciding what om~ next step will be." Posted on July23, 2008. Discuss.. http://www.ala.org/ala/alonline/eurrentnews/newsarchive/2008/ju1y2008/ALA~rint layou... 7/29/2008 APPENDICES LIBRARY REGULATIONS 1. BORROWERS' CARDS a. All transactions will require the presence of a valid library identification card which will be issued to a resident filing an application, and accepting responsibility for the usage thereof. No card will be issued to a minor under eighteen (18) years of age unless the application, and acceptance of responsibility, is signed by the minor and also by a parent or legal guardian. The responsible adult must be a current cardholder and be willing to assume the .responsibility for the minor for misuse or abuse of the privileges of Library usage. b. Upon application for a card, the borrower will be permitted to check out two (2) items until receipt of their card in the mail. c. Where privileges have been suspended on a card of a minor, privileges on a card of a parent or legal guardian with legal custody of the minor may be suspended by giving prior written notice of suspension to such parent or a legal gu-rd::....., the address „r. the library record, and will remain in effect until the overdue materials have been returned, and/or the late fees, charges, or penalties on the suspended card have been paid in full. (Amended during 7-7-99 supplement, 12-I-00 supplement, 12-1-06 supplement) 2. LATE FEES a. Ten cents ($0.10) per day on four (4) week books. b. One dollar ($1.00) per day on videos, DVD's and non-book materials. a Three dollars ($3.00) per day on cassette players, screens or projectors. ' (Kenai Supp. No. 92, 3-OB) d. The maximum late fee aucrual per item is set at ten dollars ($10.00). (Amended during 7-7-99 supplemeut, 12-1-00 supplement, 9-7-02 supplement, 12-1-06 supplement) 3. SERVICE CHARGES a. Ten dollars ($10.00) handling charge for books or other materials that are lost or damaged beyond repair. This is in addition to full replacement costs. If the current price of the item is unavailable, default replacement costs are as follows: Twenty-five dollars ($25.00) for Adult Fiction Thirty-five dollars ($35.00) for Adult Non-fiction Thirty-five dollars ($35.00) for Alaska Fiction Forty-five dollars ($45.00) for Alaska Non-fiction Fifteen dollazs ($15.00) for Juvenile Fiction Twenty-five dollars ($25.00) for Juvenile Non-fiction Fifteen dollars ($15.00) for Easy Fiction Twenty-five dollazs ($25.00} for Easy Non-fiction Twenty doiiars ($20.M) r.,r h%t,.,,.. CEO Five dollars ($5.00) for Periodical For[y dollars ($40.00) for CD-ROM Forty-five dollars ($45.00) for Government Document Twenty dollars ($20.00) for Audiocassette Twenty-five dollars ($25.00) fox Videos and DVD's b. .Five dollars ($5.00) handling charge for damaged books that may be rebound, in addition to rebind charges. (Amended during 7-7-99 supplement, 12-1-00 supplement, 9-7-02 supplement, 12-1-06 supplement) APX-36 APPENHICES 4. REPLACEMENT CHARGES a. One dollar ($1.00) for each library identifier/barcode. b. Two dollars ($2.00} for lost library card. c. Three dollars ($3.00) for record sleeves, hang-up bags or AV or cassette containers. (Amended during 7-7-99 supplement, 12-1-00 supplement, 9-7-02 supplement, 12-1-06 supplement) 5. DAMAGES a. Two dollars ($2.00) per page for torn or defaced pages or covers. (Pages or covers containing scribbling, writing or pages that have been mended with scotch tape or like material are considered defaced.) The charge should not exceed the actual ex± or replacement cost of the item. b. If library materials are damaged to the extent that any part of them are illegible, charges under paragraph 3(a) above will be applicable. (Amended during 7-7-99 supplement, 12-1-00 supplement, 12-1-06 supplement) 6. RENEWALS Rnnkc and/nr ntller library materials may be renewed in person, on-line or by telephone once if not reserved. (Amended during 12-1-00 supplement, 12-1-06 supplement) 7. USE OF LIBRARY CONFERENCE ROOM Use of the library conference room is Limited to general government and library related events or meetings. (Amended during 9-7-02 supplement, 12-1-06 supplement) 8. EXHIBITS Only governmental or library related exhibits may be displayed at the library. (Amended during 9-7-02 supplement, 12-1-06 supplement) KENAI COMMUNITY LIBRARY POLICIES MISSION The mission of the Kenai Community Library is to provide a comfortable and friendly environment in which the public may: a. Have a reasonable expectation that they will leave the building with what they came for; b. Relax and read current materials; c. Receive knowledgeable assistance and answers to questions; d. Pursue opportunities for lifelong teaming; e. Find professionally selected materials in all formats for personal enjoyment; f. Enjoy programs or performances; g. Have access to technological resources. In support of this mission, the library provides individualized assistance, community outreach, professional expertise, and current technologies for equal access to facilities, quality services, and materials in a variety of formats. The Kenai Community Library will endeavor t0: a. Provide service to every resident in the community; b. Provide non-residents the same services: c. Have the library open seven (7) days a week for at least a total of fifty-nine (59) hours. The library supports the Library Bill of Rights of the American Library Association Freedom to Read statement. The Library's mandate is to provide the public access to information on all sides of an issue. (Amended during 7-7-99 supplement, 12-1-00 supplement, 12-]-06 supplement) APX-3~ (P.enai Supp.vo. R6, t2-05) `. APPENbICES 1VIATERIALS Books and other library materials will be added to the present collection to provide information, entertainment, intellectual development and enrichment to all the people of the community. PERSONNEL Salary schedule, holidays, vacation and sick leave shall conform to those rules outlined in the Personnel Regulations of the City of Kenai. BUDGET, OPERATIONAL The budget shall be presented to the City by the Library staff. BUDGET,CAPITALIMPROVEMENTS The initiation of a budget for Capital Improvements shall be done by the Library Commission and the Library Staff. (Amended during 7-7-99 supplement, 12-1-00 supplement, 12-1-06 supplement)) -'BOOK SELECTION The Library Commission, recognizing the pluralistic nature of this community and the varied backgrounds and the needs of the citizens, declares ..,. .. ma per of book selection policy that: a. Books and/or other library material selection are and shall be vested in the librarian. Any book and/or library material so selected shall be held to be selected by the Commission. b. Selection of books and/or other library material shall be made on the basis of their value of interest, information, and enlightenment of all the people of the community. No book and/or library material shall be excluded because of the race, nationality or the political or social views of the author. a This Commission believes that censorship is a purely individual matter and declares that while anyone is free to reject for himself books of which he does not approve, he cannot exercise this right of censorship to restrict .the freedom to read to others. d. This Commission defends the principles of the freedom to read and declares that whenever censorship is involved no book and/or library material shall be removed from the library save under the orders of a court or competent jurisdiction. e. This Commission adopts and declares that it will adhere to and supporC: 1. The Library IIill of Rights, and 2. The Freedom to Read Statement adopted by the American Library Association, both of which are made a part hereof. Gifts will be accepted with provisions as to addition to the collection upon examination of materials. Non-usable gifts will be given the disposition that is of most value to the library. (Amended during 7-7-99 supplement, 12-1-00 supplement, 12-1-06 supplement) PUBLIC RELATIONS Cooperation will be given to other libraries to advance the usage of all libraries and to p.*ovide additiora[ services to t're readers of our community, and to publicize the value of library services to all. (Revised by Res. 91-26, amended during 12-1-00 supplement, 12-1-06 supplement) -(Kenai Supp. No. 89, 12-06) APX-38 APPENDICES UNATTENDED CHILDREN The library offers many programs and services that encourage children to develop a love of books, reading and learning. However: • Because the library is a place where children gather, it may attract people whose interest in children is not entirety wholesome. • The safety and well-being of children at the library is of serious concern. •. Responsibility for children using the library rests at all times with the parent(s) or assigned caregiver(s), not with the library personnel. • The library staff has leeway to intervene if aware of disruptive behavior. • The staff cannot know if children are leaving t<he building with their parents cr strangers. For the protection and well-being of children who enjoy libraries, the following has been established: • Children under eight (8) years must be continually attended by a parent or a caregiver while in the library. • Parents and caregivers should be familiar with the library's hours of pperatspn anA chniilA_ not leave Cmi`lren before opening or after closing. • The library staff is not responsible for supervising children left alone when the library is closed, but will make attempts to reach a parent for immediate pick-up. • The police department will be notified of any child who .has been left too long or repeatedly in this unsafe situation. (Added during 3-6-08 supplement) APX-39 (Kenai Supp. No. 92, 3-08) ~~,~- ~~a AGENDA KENAI CITY COUNCIL -REGULAR MEETING JUNE 18, 2008 7:00 P.M. KENAI CITY COUNCIL CHAMB http: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. ,Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) L Roy & Janine Espy -- Cell Phone Tower Concerns. YTEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) YTEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) /'n,~~~~~(. 1. Ordinance No. 2318-2008 -- Increasing Estimated Revenues and Appropriations by ~w501,632 in the Urea Storage Building Fund for Construction. f~i'rW:p~Gt~ `~-- 2. Ordinance No. 2319-2008 -- Amending the Ethics Rules for Elected and ~~~~~ Appointed Officials and City Employees by Amending the Existing KMC 1.85.060 and 070. ~,~,vt~e~ 3. Ordinance No. 2320-2008 -- Amending KMC 1.90.030 to Permit ~ ~ Appointment of Up to Two Members to Certain Advisory Boards, Commissions or Committees Who are Non-Residents of the City of Kenai Providing They Work at Least One-Half Time Within the City. jdP~(' 4. Ordinance No. 2324-2008 -- i) Amending KMC 13.20.030 to Prohibit ~lt~„®~,u„~~~ Trespass in Posted Environmentally Sensitive Areas in a Portion of the ~~ South Shore of the Kenai Beach; 2) and Declaring an Emergency; and 3) `g~se~tvu~/~..~ Amendin the Cit s Fine Schedule in KMC 13.10.015 b Addin a New ~, ~ r°- g Y' Y g Subsection 70 Providing fora $500 Fine for a Violation. d~.~G G~- a, Motion for Introduction b. Motion for Second Reading (Requires a Unanimous Vote) o, Motion for Adoption (Requires Five Affirmative Votes) ~~joj~ /,~. 5 ,Resolution No. 2008-35 -- Approving a Contract to Sterchi Construction for the Project Entitled Kenai Municipal Airport Urea Storage Building - 2008 for the Total Amount of $375,713.00. Resolution No. 2008-36 -- Approving a Contract to Holden Company for the Project Entitled Kenai Public Safety Garage - 2008 for the Total Amount of $165,368 Which Includes the Basic Bid and Additive Alternates No. 1 and No. 2. 7. Resolutioa No. 2008-37 -- Setting the Public Hearing Date on the Proposed Ames Road South LID Special Assessment District. 8. Resolution No. 2008-38 -- Recognizing Harold and Rita Daubenspeck for Their Support and Dedication to the Growth and Development of City of Kenai Parks and Recreation Opportunities. 9. Resolution No. 2008-39 -- Strongly Supporting the Upgrade and Improvement of Miles 45-60 of the Sterling Highway and Miles 18-26 of the Seward Highway. 10. *Renewal of Liquor Licenses -- Restaurant/Eating Place • Katina's Greek Y~ Italian Restaurant, #4533. • New Peking Chinese Restaurant, #3239. • Pizza Hut #9, #2596. Winery • Matson Winery & Supply, #4676. ITEM F: MYNUTES 1. *Regular Meeting of June 4, 2008. ITEM G: UNFINISHED BUSYNESS ITEM H• ~~CG( 1. Bills to be Ratified ~~~ G 2. Approval of Purchase Orders Exceeding $15,000 /~T 3. *Ordinance No. 2321-2008 -- Increasing Estimated Revenues and Appropriations by X250,000 in the Library Expansion Capital Project Fund and $750,000 in the Street and Sewer Capital Project Fund for Public Improvements. 4. *Ordinance No. 2322-2008 -- Placing on the Ballot for the Next General Election the Question As to Whether the Municipal Officers of the. City of Kenai Should be Exempt From the Provisions of the State of Alaska Financial Disclosure Statutes (AS 39.50). *Ordinance No. 2323-2008 -- Amending KMC 1.85 by: 1) Updating the Financial Reporting Requirements for Municipal Officers and Candidates Contained in KMC 1.85.020; and, 2) Including the Members of the Planning and Zoning Commission in the Definition of "Municipal Officer in KMC 1.85.070; and, Including Stockbrokers and Financial Advisors in the List of Professionals Subject to Modified Requirements in KMC 1.85.030. 6. *Ordinance No. 2325-2008 -- Amending the Code Violation Fine Schedule in KMC 13.10.015 to Include a Standard Fine of $500 for Trespass in Violation of KMC 3.20.010. ~~~"6z~`*-°~ 7. Approval -- Change Order No. 1, Thompson Park LID - 2008. ~ryp-y~ 8. Approval -- Setting Clerk, City Attorney and City Manager Salaries. ITEM Y: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. .Harbor Commission 4. Library Commission 5. Parks 8r, Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini-Grant Steering Committee ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS City Manager Attorney City Clerk ITEM L: 1. Citizens (five minutes) 2. Council ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2314-2008 -- Enacting KMC 23.55.080 Providing for Longevity Pay of Two Percent (2%) for Certain Employees in Step CC in the City of Kenai Salary Schedule. (Postponed on June 4, 2008 to August 6, 2008.) EXECUTIVE SESSION -- None Scheduled ITEM N: AGENDA KENAI CITY COUNCIL -REGULAR MEETING JULY 2, 2008 7:00 P.M. KENAI CYTY COUNCIL CHAMB httu: / /www.ci.kenai.ak.us ACTION AGENDA ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Ro11 Call 3. Agenda Approval 4. .Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. City Manager Rick Koch -- Forestry Video (11 minutes) Judy Reece, Kenai Peninsula Fire Wise Team/Division of Forestry -- Fire Safe Program Update dTEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) YTEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. PASSED UNANIMOUSLY. Ordinance No. 2321-2008 -- Increasing Estimated Revenues and Appropriations by $250,000 in the Library Expansion Capital Project Fund and $750,000 in the Street and Sewer Capital Project Fund for Public Improvements. 2. AMENDED/PASSED UNANIMOUSLY. Ordinance No. 2322-2008 -- Placing on the Ballot for the Next General Election the Question As to Whether the Municipal Officers of the City of Kenai Should be Exempt From the Provisions of the State of Alaska Financial Disclosure Statutes (AS 39.50). 3. POSTPONED/JULY 16, 2008. Ordinance No. 2323-2008 -- Amending KMC 1.85 by: 1) Updating the Financial Reporting Requirements for Municipal Officers and Candidates Contained in KMC 1.85.020; and, 2) Including the Members of the Planning and Zoning Commission in the Definition of "Municipal Officer in KMC 1.85.070; and, Including Stockbrokers and Financial Advisors in the List of Professionals Subject to Modified Requirements in KMG 1.85.030. 4. FAILED UNANIMOUSLY. Ordinance No. 2325-2008 -- Amending the Code Violation Fine Schedule in KMC 13.10.015 to Include a Standard Fine of $500 for Trespass in Violation of KMC 3.20.010. 5. PASSED UNANIMOUSLY. Resolution No. 2008-40 -- Contributing $5,000 to the Central Area Rural Transit System, Inc. (CARTS) for Fiscal Year 2008-2009 Transit Services. 6. PASSED UNANIMOUSLY. Resolution No. 2008-41 -- Awarding the Bid to Alaska Enviroscape for Leif Hansen Park Sprinklers Installation - 2008 for the Total Amount of X52,630. ITEM F: MINUTES 1. APPROVED. *Regular Meeting of June 18, 2008. ITEM G: UNFINISHED BUSYNESS ITEM H: NEW BUSINESS 1. APPROVED. Bills to be Ratified 2. APPROVED. Approval of Purchase Orders Exceeding $15,000 3. INTRODUCED. *Ordinance 1Vo. 2326-2008 -- Amending KMC 7.22.010 and Enacting a New Section of the Kenai Municipal Code (KMC 7.30.020) to Establish a New Investment Policy for the Airport Land Sale Permanent Fund. 4. INTRODUCED. *Oxdinance No. 2327-2008 -- Amending the Official Kenai Zoning Map by Rezoning a Portion of Lot 4, FBO Subdivision No. 7 & Lot 5, FBO Subdivision No. 8 From Conservation to Light Industrial. INTRODUCED. *Ordinance No. 2328-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Gusty Subdivision No. 3, Tract B, Gusty Subdivision No. 6, and Tract C-1, Gusty Subdivision No. 7 From Conservation to Light Industrial. 6. INTRODUCED. *Ordinance No. 2329-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract lA of Buffalo Run Subdivision 2008 Replat (Preliminary Plat) Consisting of Approximately 72 Acres from Suburban Residential and Rural Residential to Rural Residential. 7. INTRODUCED. *Ordinance No. 2330-2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Airport Special Revenue Fund and the Courthouse Parking Capital Project Fund for Engineering. 8. SUBSTITUTE INTRODUCED. *Ordinance No. 2331-2008 -- Enacting a New Section of the Kenai Municipal Code (KMC 13.20.040) Titled "Trespass" Making It a Violation to Trespass Upon Real Property. 9. APPROVED. Approval -- Grant of Easement/T6N R11W, Sections 32 8v 33, Seward SW KN2006025, Baron Park 2006 Replat Lot A, Records of the Kenai Recording District (Slope Easement/Marathon Road Improvements). ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning 8v Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini-Grant Steering Committee ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: 1. Citizens (five minutes) 2. Council ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2314-2008 -- Enacting KMC 23.55.080 Providing for Longevity Pay of Two Percent (2%) for Certain Employees in Step CC in the City of Kenai Salary Schedule. (Postponed on June 4, 2008 to August 6, 2008.) EXECUTIVE SESSION -- Financial Matters/City Manager Evaluation Continuation ITEM N: ADJOURNMENT ~teM Iob. Suggested by: Councilor Swarner CITY OF KENAI NO. 2319-8008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE ETHICS RULES FOR ELECTED AND APPOINTED OFFICIALS AND CITY EMPLOYEES BY AMENDING THE EXISTING KMC 1.85.060 and 070. WHEREAS, KMC 1.85.060 (Conflicts of interest prohibited) currently regulates conduct of elected and appointed officials and city employees; and, WHEREAS, properly functioning municipal government requires ethical behavior by public officials and employees; and, WHEREAS, reasonable standards of conduct are needed for elected and appointed public officials and city employees in order to maintain the public's trust in municipal government; and, WHEREAS, the current conflict of interest rules need to be replaced by a more comprehensive set of guidelines for council and commission members and city employees; and, WHEREAS, it is in the best interest of the City of Kenai to amend KMC 1.85.060 and .070. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 1.85.060 and .070 is amended as follows: 1.85.060 Conflicts ofvnterest prohibited. (a) A municipal officer, appointed commission member, or employee of the City of Kenai may not solicit or receive money for advice or assistance given in the course of their official duties for the City of Kenai. (b} A municipal officer, appointed commission member, or employee of the City of Kenai may not represent a client before the City Council for a fee. However, a commission member may represent a client before a commission or the Citv Council for a fee if it does not involve a matter that is/was before the member's commission. (c) A municipal officer, appointed commission member, or employee of the City of Kenai may not accept a gift, loan, gratuity, or other valuable consideration, or a promise of any of them, with the understanding or agreement, expressed or implied, that he/she will cast a vote or given an opinion, decision, or judgment in a particular manner, in a matter, question, cause, or proceeding which then is or may by law come or be brought before him, or with the understanding or agreement that the officer or employee will, in his/her official capacity, act in a particulaz manner to produce or prevent a particular result. (d) No Council or Commission Member may vote on any queston in which he she has a substantial direct or indirect financial [PECUNIARY] interest. Direct or indirect financial [PECUNIARY] interests shall be disclosed to the presiding officer prior to a Ordinance No. 2319-2008 Page 2 of 4 vote on the question and the presiding officer shall determine whether the financial interest exists and whether the prohibition from voting is applicable. A decision by the presiding officer may be overridden by a unanimous vote of the members present, exclusive, of the member presenting the possible conflict. f 11 Whether the direct or indirect financial interest is substantial shall be determined by the presidine officer on a case-bv-case basis, with evaluation of these factors: (i) Whether the financial interest is a substantial part of the consideration; (ii) Whether the financial interest directly and substantially varies with the outcome of the official action` (iii) Whether the financial interest is immediate and known or coniectural grid dependent on factors beyond the official action; (iv) Whether the financial or private interest is significant monetarily; (v) Other factors deemed appropriate by the presiding officer under the specifics of the disclosure and the nature of the action taken before the council or commission. t1 A municipal officer, commission member or employee of the City of Kenai may not use or permit others to use, any property owned by the city for profit or personal use or benefit, except: (1) When available to thepublic eenerally, or to a class of residents, on the same terms and conditions; (2) When permitted by written personnel policies approved by the City of Kenai; (3) When, in the conduct of official business, used in a relativey minor way for personal convenience. it.! A municipal ofricer, commissioner or empiovee of the Citv of Kenai shah not take or participate in official action on matters, other than minor or routine issues, affective a former employer for aperiod one year from the date of termination of the prior employment. jg] A City empiovee may not participate in an official acton in which helshe, or a member of his/her household, has a substantial financial interest. jn~ A municipal officer, commissioner or employee of the Citv of Kenai who leaves municipal service may not for one year after leaving municipal service, represent, advise, or assist a person for compensation reaardin~ a matter that was under consideration by the city if the person participated personally and substantially in the matter through the exercise of official action. This restriction on employment after leaving municipal service does not prohibit the city from contractive with a former city employee commissioner or municipal officer on a matter on behalf of the city. The City Council may waive application of this restriction by motion upon determination that a proposed action is not adverse to the public interest. Ordinance No. 2319-2008 Page 3 of 4 -' 11 A municipal officer or employee of the City of Kenai is prohibited from bidding upon or otherwise obtaining any property which is unneeded or surplused by the city. fll A current. or former municipal officer commissioner or employee may not ll If any section or provision of this ordinance is held to be contrary to law by a court of competent jurisdiction that section or provision shall be deemed invalid. All other sections and provisions of this ordinance shall continue in full force and. effect. (m The City Clerk shall cause a copy of this section to be distributed to every municipal officer commissioner and employee of the City of Kenai within thirty days after its enactment Each municipal officer commissioner and employee elected, appointed or engaged thereafter shall be furnished a copy before entering into the duties of his/her office or employment. 1.85.070 Definitions as used in this chapter. (a) "Municipal Officer" means the Mayor, City Manager, Members of Council, City Attorney and City Clerk. (b) "Source of Income" means an employer, other person, or entity paying compensation, dividends, or interest, directly or indirectly, for services, products; or investments. If the income being reported is derived from employment by a sole proprietorship, partnership, or corporation in which the reporting person, spouse, or children, or a combination of them hold a controlling interest, that proprietorship, partnership, or corporation may be designated as the source of income without specifying clients or customers if the business is one that is normally conducted on a cash basis and typically does not keep records of individual customers. In all other cases, the clients or customers of the proprietorship, partnership or corporation shall be listed as sources of income of the person whose income is being reported, the spouse, children, or a combination of them holding a controlling interest. I~ "Financial interest" means the receipt of financial benefit or the expectation of receiving fmanciai benefit A financial interest includes a financial interest of any unless the information has also been disseminated to the public. as an attorney or a party plaintiff or defendant or as a real party in interest, in any lawsuit master's hearing or other legal proceeding in which the city is a party plaintiff or defendant or otherwise has a direct interest. A financial interest does not include: (i) an affiliation with an organization solely as a volunteer club member, or the like; or Ordinance No. 2319-2008 Page 4 of 4 (iil a personal or financial interest of a type which is ~enerally shared in common with the public or a laze class of citizens. ll "Household" includes anyone whose primary residence is in the employee's, commissioner's or municipal officer's home including non-relatives. Lj "Official action" means a recommendation, decision, approval, disapproval vote or other similar action including inacfion by an employee whether such action is administrative legislative quasi-iudicial advisory or otherwise. PASSED BY THE COUNCIL OF THE CITY 2008. OF KENAI~, ALASKA, this 1~8`t~h day /of June, PAT PORTER, MAYOR ATTEST: CarolLs, C:it Introduced: June 4, 2008 Adopted: June 18, 2008 Effecfive: July 18, 2008