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Home My WebLink About2009-05-05 Library Commission PacketKENAI L%BRARY COM KENAI COUNCIL~gCH/E MAY 5y 2®®9 7:®® Palls AIAENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETINCr SUMMARY -April 7, 2009 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSYNESS a. Discussion -- Library Expansion Project b. Discussion -- Budget Update FY2010 a Discussion -- Effective Meetings Training d. Discussion -- Migration to New Automation System ITEM 6: NE6V BUSINESS a. Discussion -- Circulation Loan Periods and Statistics ITEM ?: REPORTS a. Director b. Friends of the Library o, City Council Liaison ITEM 8: COMMISSION COMMENTS/QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Kenai City Council Action Agendas of April 1 and 15, 2009. b. March 15, 2009 Chenault Correspondence Regarding Possible Library Expansion Funding. ITEM 11: Ikon 3. KENAI LEBRARY COMMISSIOI KENAI COUNCIL CIIAMSERS APRIL 7, 2009 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL %TEM 3: APPROVAL OF MEETING SUMMARY -March 3, 2009 ITEM 4: PERSONS SCHEDULED TO BE HEARD YTEM 5: OLD BUSINESS a. Discussion -- Library Expansion Project -- Cost Estimate Update ITEM 5: a. Discussion -- Migrafion to New Automation System -- Schedule b. Discussion -- Effective Meetings Training Report c. Discussion -- Circulation Loan Periods and Stafistics ITEM 7: REPORTS a. Director b. Friends of the Library c. City Council Liaison ITEM 8: COMM%SSION COMMENTS/QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Kenai City Council Action Agendas of March 4 and 18, 2009. ITEM 11: KENA% LYBRARY COMMISSION KENAI COU~~NpyCryILnCHAMBERS APryRtL l , b®®9 l :®® P.M• CHAIR EILEEN BRYSON, PRESID%NG MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Chair Bryson called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: K. Heus, E. Bryson, R. Peters, C. Brenckle Commissioners absent: E. DeForest, M. Graves Staff/Council Liaison present: Assistant Library Director J. Niederhauser, Council Member M. Boyle A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Commissioner Peters MOVED to approve the agenda as submitted and Commissioner Brenckle SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- March 3, 2009 tr"dOTION: Commissioner Brenckle MOVED to approve the meeting summary of March 3, 2009 and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. YTEM 4: PERSONS SCHEDULED TO BE HEARD -- None ITEM 5: OLD BUSINESS 5-a. Discussion -- Library Expansion Project -- Cost Estimate Update Niederhauser reported the esfimates were higher than anticipated. Commissioner comments included: • Some items, such as benches, could be donated. • Inquired as to the next step in the process. • The project would go out to bid. • Expressed concern about outdoor lighting and benches. ITEM 6: NEW BUSINESS 6-a. Discussion -- Migration to New Automation System -- Schedule Niederhauser reported on the staff schedule for the migration. 6-b. Discussion -- Effective Meetings Training Report Bryson and Peters gave an overview of their attendance at the Effective Meetings Training. 6-c. Discussion -- Circulafion Loan Periods and Statistics The Commission expressed an interest in hearing from the Library Director regarding increasing circulation. ITEM 7: REPORTS 7-a. Director -- Niederhauser reported on circulation statistics, migration and programs. 7-b. Friends of the Library -- Heus reported on the progress of the appeal letter, the High Tea and Dance fundraisers, and noted. Barb Christian was working on multiple grants. 7-c. City Council Liaison -- Council Member Boyle reported on the library's budget, noting the timer software had been removed. MOTION: Ci~tTttTtiSSioiter Brenckle riOV iD the Kenai Lil'iriu"y ('.OiiuTaiSS16n SlippOrt ail amendment to the City of Kenai budget to include an amount sufficient for the library to purchase timer software. Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. ITEM 8: COMMISSION COMMENTS/QUESTIONS Brenckle reported she would be absent from the May meeting. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: 10-a. Kenai City Council Action Agendas of March 4 and 18, 2009. LIBRARY COMMISSION MEETING APRIL 7, 2009 PAGE 2 ITEM 11: ADJOURYdMENT 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 was adjourned at approximately 8:32 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk LIBRARY COMMISSION MEETING APRIL 7, 2009 PAGE 3 s~~~ ,;,.. -. <_/ Suggested by: r,uuums[ranon CITY OF KENAI ORDINANCE NO. 2398-2009 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $250,000 IN THE STREET AND SEWER CAPITAL PROJECTS AND INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $250,000 IN THE LIBRARY EXPANSION CAPITAL PROJECTS FUND FOR CAPITAL IMPROVEMENTS. WHEREAS, via Ordinance No. 2321-2008, the City appropriated a State of Alaska grant for public improvements by placing $250,000 in the Library Expansion Capital Project and. the remaining $750,000 in the Street and Sewer Capital Project Fund; and, WHEREAS, unexpended and urercumbered funds of approximately $170,000 in u':e Library Expansion Capitol Project Fund is insufficient to award the next design phase of the project; and, WHEREAS, grant provisions do not prohibit our ability to direct more of this grant to the Library Expansion Project; and, WHEREAS, $605,160 of the original $750,000 directed to the Street and Sewer Capital Projects Fund remains unidentified to specific projects; and, WHEREAS, it is in the best interest of the City of Kenai to continue the design in working toward completion of the Exparision Projeet. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Street and Sewer Capital Projects Fund Decrease Estimated Revenues: State Grants Decrease Appropriations: Construction Library Expansion Capital Project Fund Increase Estimated Revenues: State Grants Increase Appropriations: Construction $250,000 $250,000 $250,000 $250,000 New Text Underlined; [DELETED'PEXT BRACKETED) Ordinance No. 2398-2009 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of May, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: ~ ~~~~- Introduced: April 15, 2009 Adopted: May 6, 2009 Effective: May 6, 2009 New Tex[ Underlined; [DELETED TEXT BRACKETED) ~a~n 5~ 1 1 Linda Murphy, MMC Kenai ~ Soldotna hoards & Commissions Maroh 28, 2009 y ~ ~ ~I~~ Parli~ etar~r ~~~~~ To assure that the wilt of the majority is carried out while protecting the rights of the minority. 1 is I2ul~s 1~`? State statutes take precedence over your Code of ®rdinances. Some state statutes do not apply to Home Rule Communities. UCt~`U211 No meeting may proceed in the absence of a quorum. A quorum is more than one-half of the board or commission. In the absence of a quorum, the only action you can fake is to set a date and time for the next meeting. 2 ~I~~tin vs, cork ~ssir~n ~l~~s~s of 1~/Ini~i~~lities some Rule Is governed by both a charter adopted by the voters and state statutes (Title 29) May exercise all legislative powers iVOT prohibited by law or charter General Law (First ~ Second Class) Title 29 is the governing authority May exercise all 0egislative powers granted by law 3 Ci~n~ral ~~tin I~r~c~r~s Advisory boards and commissions usually follow a more relaxed set of rules than counoils, assemblies and planning commissions. ~nerallVle~tir~g F'ro~e~res Each member has the right to participate and to share equally in the discussion. No member may monopolize the d'escussion. 4 C~~rl~r~l ~etir~ r~~~ur~s +' Until a motion has been stated by the ohair, no proposal may be debated. In a very formal meeting, members address the ohair and wait to be reoognized. (Under more relaxed rules, this does not apply.) Members should accept the will of the majority. C~~~~ra.l ~I~etin l~r®c~ur~s 5 c~~~ cif the ~~i ~ Determines who has the right to speak. Explains/clarifies issues without bias. Should insist on decorum and order during debate. Keeps discussion germane and discourages repetition. ~1~ ~f ~h~ ~h~l an Unless your Code of Ordinances or State Statutes state to the contrary, the chairman may make motions and vote on all questions 6 Dale of the staff The staff is present to assist the board and should not dominate the meeting Call on staff to explain items on the agenda as appropriate ale of ~au~cf i ~,iaisa~ 7 l~c~l~ ®f ~~~ ~~~ip~i ~l~r~ The only official with the authority to administer oaths of office (AS 29.2C.3oC} T~Ieetirl Etiu~t~~ Avoid sidebar conversations ®o not debate members of the audience Avoid repetition s The ~ex~a eetin mutes 9 rOeessi~g a c~ti~ A member makes a motion. Another member seoonds the motion. The Chair states the motion, thereby formally plaoing it before the assembly. ` The members debate the motion. The Chair puts the question to a vote. The Chair announces the results of the vote. Masses of I~c~t~ons (main Motions ~~ Original Main Motions Incidental Main Motions Privileged Motions Subsidiary Motions Incidental Motions Motions that bring a question again before the assembly 10 fain ®ti~ns fain ®ti~n ®bject: Bring business before the board. Form: "I move that" or "I move to" Requires a second Is debatable Can be amended Majority vote needed Can be reconsidered 11 ri~ril~~ l~s~tio~is The privileged motions are not debatable. The 5 privileged motions are ranked in order of precedence. ~~~~ ~; ~. ~% ~~ I~r~~een~°~ ®f I~s~tias ~` - -- ~~~ oaoEa Fix time to which to adjourn ~~ of Adjourn ,,~~ a Recess ~- a Raise a question of privilege ~`~ ~,,~,: E Call for orders of the da Y '. ~~ , ° E Lay on the table z , ~ Previous question D e LimitJextend limits of debate 1~ Postpone to a time certain H ~ Commit or refer E Secondary Amendment Primary Amendment of ' Postpone indefinitely r~oaoes Main motion 12 ubsii~ry ®ti~s Subsidiary motions assist the governing body in treating or disposing of a a main motion. These motions are ranked in order of precedence. ~~~~de~~~ ~f ~~~®~s oa°ea Fix time to which to adjourn of Adjourn P Recess R Raise a question of privilege e Call for orders of the day ° Lay on the table e Previous question ° Limit/extend limits of debate e Postpone to a time certain N ° Commit or refer E Secondary Amendment Primary Amendment °F Postpone indefinitely MOTIONS Main motion 13 ~s~c~~~ Ir~efinit~ly ®bject: To reject or kill a motion without a direot vote on it. Form: "I move that the motion ... be postponed indefinitely." Requires a second Is debatable Can go into merits of main motion. Majority vote needed Only affirmative vote can be reconsidered. A e~r~a~nts Object: To modify, change, improve, or perfect a motion. Form: "I move to amend ... by ..." Striking ou4 words Inserting words _~~ Adding words Striking out and inserting (OR) Substituting a complete main motion, resolution, paragraph. Requires a second Is debatable Can be amended Majority vote needed Can be reconsidered 14 Example ~f 14~ait1 I~/I~stion amendments MM: "I move that we purchase a computer. PA: "f move to amend by adding 'not to exceed $2,000'." "I move that +eve purchase a computer not to exceed $2,600." SA: "I move to amend by striking $2,000 and inserting $4,000." "! move that we purchase a computer not to exceed $~,oaa." ~ it car ~f~r Object: To refer a pending question to a small group to investigate or put in better condition. Form: "I move to refer the pending question (or motion) to a committee." Requires second Is debatable Can be amended Majority vote needed Can reconsider, if committee has not begun consideration. 15 ~stpc~ne '~~ a 'Tian ~~~tair~ eject: To defer action to a definite hour, day, meeting, or until a certain event. rm: "i move to postpone further oonsideration of this question until ..." `: Requires second Debate limited to its merits Can be amended to dayltime etc. Majority vote needed Can be reconsidered I,i it ®a° ~~tend ~bat~ Object: To reduce or increase the number or length of speeches permitted. Form: "! move that..." =each speech be limited to one minute. debate be limited 4o Yz hour. debate be continued five more minutes. ~• each member be limited to one speech. Requires second Not debatable Can be amended 2/3 vote required ` Can be reconsidered 96 r~vi®us ~stic~n 2/3 vote needed Limited reconsideration L,ay ®n the Z'ab~ Requires second Blot debatabBe Cannot be amended Majority vote required Cannot be reconsidered 17 Incid~r~ta1 c~ti~~~ Incidental motions deaf with questions of procedure arising out of: Commonly, another pending motion; but, also Sometime, another motion or item of business That one desires to introduce, That has been made but has not yet been stated by the chair, or That has just been pending. An incidental motion is said to be incidental to the other motion or matter out of which it arises. Icldent~l 1'~I®ti®ns Appeal Parliamentary Close Nominations Inquiry Consider Seriatim Point of ®rder Divide the Question ®bject to Consideration of a Question Reopen Nominations Suspend the Rules Withdraw a Motion 18 ~tians that rind a u~sti~n a~ ~®r~ the ~ss~rnly Reconsider Rescind Take from the Table econsier > This motion enables the majority of the assembly to bring back for further consideration a motion upon which a vote has been taken. Limitations ;; Only a member who voted with the prevailing side can make this motion. This motion can be made only on the same day the vote to be reconsidered was taken. Effect := Making the motion: Suspension of all action that depends on the result of the vote proposed to be reconsidered. ~ Adoption of the motion: Immediately to place again before the assembly the question on which the vote is to be reconsidered. It comes before the assembly in the exact form it was in the moment before the original vote was taken. 19 ~~c~r~sid~r Exceptions to the motion. The motion to reconsider cannot be applied to: z= A motion that can be renewed within a reasonable time. ~~ An affirmative vote whose provisions have been partially carried out. An affirmative vote in the nature of a contract when the party to the contract has been notified of the outcome. Any vote which has caused something to be done that is impossible to undo. A vote on a motion to reconsider. r=:, When practically the same result as desired can be obtained by some other parliamentary motion. Rescind, Amend ~oething _, Majority with notice hr 2/3 without notice Majority of entire membership 20 "T~l~e frc~ the T~bI~ Requires a seoond Is not debatable '- Cannot be amended Requires a majority vote Cannot be reconsidered ~C3tIT1 ASS~SSTTl~~t: Ten Questions to '._i tel.,, i,...:..« F....,,« +:«,. COi7Siuee°°. at uac Coiaiauaavu va yvua aiaiiaaaas. 21 ~~ting ~ss~ss ent (ant'} Ii~1~~ting ~ss~ssrnent (~®nt'd) zz ~~tir~g A~s~ssar~~~t ~c~t'} Did we serve the community as well as we could have? (Did we deliver a good return on the investment in time and money in this meeting?) 23 Linda Murphy, C Kenai ~ Soldotna Boards & Commissions IVlarch 28, 2009 ET'I~T~`x ~s~:~ All meetings of a governmental body of a publio entity of the state are open to the publio exoept as otherv~rise provided. e4S 44.62°310 1 tt~ c~I~~y sin C~~ ~eti.~s government exists 4o aid in conducting the people's business governmen4 units should act and deliberate openly the people do not yield sovereignty to government agencies that serve them public servants have not been given the right to decide what is good or not good for the people to know people should remained informed so they may retain control over the government they created use of teleconferences is for convenience of the parties, public and government ON1A should be narrowly construed to effectuate these policies and avoid unnecessary exemptions and executive sessions AS x.62.312 ~ ~s C®v~re by t1~~ ~/It~? 2 T~rc~ T~p~s ~ cis Cc~~r~r~ Policy/(decision Making dodoes city council E~ borough assembly ::° school board ~~ board of adjustment board of equalization planning and zoning commission >_ port authority board service area board Local boundary Commission T~ Types ~~ c~di~s ®~!e~°~d Advil®ry-®nly b®ies neighborhood council Advisory boards advisory commissions joint city-borough task force 3 a and at ~°~ I~Ic~t Cc~v~red`? Individuals lobbying one member One person with the authority to act Employees & staff Quasi-judicial bodies solely whero deliberating Organizational votes Meetings of membership organizations (AMl) Hospital staff U.S. Government, corporations, native entities Alaska Railroad a~ 1S a ee~ln~ 4 ~'~l~~r~~ c~11s ~r ~~°~a~ ~~tigs A e~ti~~ within a e~t~n~ a private recess during a meeting may itself be a meeting L,ayin y the Nlay~r A ®~ial Uath~rzrag 6 ~blzc iglus fJ~~ C~ ~ << Right to be present Right to listen Right to review agenoy materials at teleconference sites Right to know how each person voted on each issue I~e~sonable Qp~ao~°tu~~ty t~ b~ I-~~~.rd 7 ~ati~~ ~qu~r~ ants Reasonable notice is always required [AS Notice must be public and timely Notice must give date, time, place & purpose of meeting Must post at principal office or other official place Must use consistent method of notice for all meetings Newspaper, radio and other posting authorized but not required. (What is reasonably available?) 1Z~as~nale l~T®ti~~ Extent of notice will depend on the community and relative importance of the meeting. = Longer notice is necessary for complex or controversial matters. +> Even in true emergencies, you must give reasonable notice under the circumstances and at least post the notice at the office or official place you post for other meetings. The 24-hour notice set forth in AS 29.20.160(b) may not be reasonable notice under the OMA. 8 ~~sc~a~ale ~tic~ 1Z~quir~ ~r~~s Must be clear and reasonably informative How specific depends on complexity and importance of the matter The absence of an important item from the public agenda notice might mean notice is inadequate. confusing notices might be ruled inadequate Amending the agenda at the beginning of the meeting wil6 not cure a lack of reasonable notice. AS 29.25.020(b)(3) requires publication of public hearing notice on ordinances in a newspaper of general circulation at least 5 days before the hearing (if one is distributed in your community}. ~~s~n~.bl~ I~Tc~~:ice R~q~ire ~n~s Notice to specific individuals may be required. A person who is to be discussed in an executive session must be told that s/he has a right to a public discussion. :: Any person whose individual constitutional rights (life, liberty and property) are involved needs specific personal notice. (Due process) 9 T~le~c~f~ren~~ ~~~ins Public must know how each member voted. %~~L1~2V~ Svsul®11~ Adverse financial impacts (Matters the immediate knowledge of which would clearly have an adverse effect on finances of the public entity Contract negotiation strategies Settlement discussions Prejudice to reputation or character of an individual Matters confidential by law, ordinance or charter Confidential records Attorney-client privilege (limited to matters where public interest may be injured, such as litigation strategies} 10 ~~cutiv~ ~s~~c~ns E~~~~~v~ Sessions Igo action is the rule Exceptions: _ Giving direction to an attorney about handling a specific legal matter >= Giving direction to a labor negotiator about pending labor negotiations Making a decision in aquasi-judicial proceeding. 11 ~Ic~va is Asti®r~ "I'aker~ After an E~e~~~iv~ ~essicsn? sec®nvene in public resume the public meeting Take acti®n if necessary e dies ~z en~lti~s fir rt-Le--__ r~-, ~1Uii~ L1t3I1~ va c~l~ When a violation has occurred, attempt an informal cure. 12 ALAS 'S PEN 'I"l~ AC'T AS ®310® G®ver°n cnt eetings Public. (a) All meetings of a governmental body of a public entity of the state are open to the public except as otherwise provided by this section or another provision of law. Attendance and participation at meetings by members of the public or by members of a governmental body may be by teleconferencing. Agency materials that are to be considered at the meeting shall be made available at teleconference locations if practicable. Except when voice votes are authorized, the vote shall be conducted in such a manner that the public may know the vote of each person entitled to vote. The vote at a meeting held by teleconference shad be taken by roil call This section does not apply to any votes required to be taken to organize a governmental body described in this subsection. (b) If permitted subjects are to be discussed at a meeting in executive session, the meeting must first be convened as a public meeting and the question of holding an executive session to discuss matters that are listed in (c} of this section shall be determined by a majority vote of the governmental body. The motion to convene in executive session must clearly and with specificity describe the subject of the proposed executive session without defeating the purpose of addressing the subject in private. Subjects may not be considered at the executive session except those mentioned in the motion calling for the executive session unless auxsliary to the main question. Action may not be taken at an executive session, except to give direction to an attorney or labor negotiator regarding the handling of a specific legal matter or pendang labor negotiations. (e) The following subjects may be considered in an executive session: (1} matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the public entity; (2) subjects That tend to prejudice the reputation and character of any person, provided the person ~~ ay request a public discussion; (3) matters which by law, municipal charter, or ordinance are required to be confidential; (4) matters involving consideration of government records that by taw are not subject to public disclosure. (d} This section does not apply to (1) a governmental body performing a judicial or quasi-judicial function when holding a meeting solely to make a decision in an adjudicatory proceeding; (2) juries; (3) parole or pardon boards; (4) meetings of a hospital medical staff; (5) meetings of the governmental body or any committee of a hospital when holding a meeting solely to act upon matters of professional qualifications, privileges or discipline; (6) staff meetings or other gatherings of the employees of a public entity, including meetings of an employee group established by policy of the Board of Regents of the University of Alaska or held while acting in an advisory capacity to the Board of Regents; or (7) meetings held for the purpose of participating in or attending a gathering of a national, state, or regional organization of which the public entity, governmental body, or member of the governmental body is a member, but only if no action is taken and no business of the governmental body is conducted at the meetings. (e) Reasonable public notice shall be given for all meetings required to be open under this section. The notice must include the date, time, and place of the meeting and if, the meeting is by teleconference, the location of any teleconferencing facilities that will be used. Subject to posting notice of a meeting on the Alaska Online Public Notice System as required by AS 44.62.175 (a), the notice may be given using print or broadcast media The notice shall be posted at the principal office of the public entity or, if the public entity has no principal office, at a place designated by the governmental body. The governmental body shall provide notice in a consistent fashion for all its meetings. (fj Action taken contrary to this section is voidable. A lawsuit to void an action taken in violation of this section must he filed in superior court within t 80 days after the date of the action. A member of a governmental body may not be named in an action to enforce this section in the member's personal capacity. A governmental body that violates or is alleged to have violated this section may cure the violation or alleged violation by holding another meeting in compliance with notice and other requirements of this section and conducting a substantial and public reconsideration of the matters considered at the original meeting. If the court finds that an action is void, the governmental body may discuss and act on the matter at another meeting held in compliance with this section. A court may hold that an action taken at a meeting held in violation of this section is void only if the court finds that, considering all of the circumstances, the public interest in compliance with this section outweighs the harm that would be caused to the public interest and to the public entity by voiding the action. In making this determination, the court shall consider at least the following: (l) the expense that may be incurred by the public entity, other governmental bodies, and individuals if the action is voided; (2) the disruption that may be caused to the affairs of the public entity, other governmental bodies, and individuals if the action is voided; (3) the degree to which the public entity, other governmental bodies, and individuals may be exposed to additional litigation. if Lhe action is voided; (4) the extent to which the governing body, in meetings held in compliance with this section, has previously considered the subject; (~) the amount of time that has passed since the action was taken; (6) the degree to which the public entity, other governmental bodies, or individuals have come to rely on the action; (7j whether and to what extent the governmental body has, before or after the lawsuit was filed to void the action, engaged in or attempted to engage in the public reconsideration of matters originally considered in violation of this section; (8) the degree to which violations of this section were wilful, flagrant, or obvious; (9) the degree to which the governing body failed to adhere to the policy under AS 44.62.312 (a). (g) Subsection (f) of this section does not apply to a governmental body that has only authority to advise or make recommendations to apublic entity and has no authority to establish policies or make decisions for the public entity. (h) In this section, (1) "governmental body" means an assembly, council, board, commission, committee, or other similar body of a public entity with the authority to establish policies or make decisions for the public entity or with the authority to advise or make recommendations to the public entity; "governmental body" includes the members of a subcommittee or other subordinate unit of a governmental body if the subordinate unit consists of two or more members; (2} "meeting" means a gathering of members of a governmental body when (A) more than three members or a majority of the members, whichever is less, are present, a matter upon which the governmental body is empowered to act is considered by the members collectively, and the governmental body has the authority to establish policies or make decisions for a public entity; or (~) the gathering is prearranged for The purpose of considering a matter upon which the governmental body is empowered to act and the governmental body has only authority to advise or make recommendations for a public entity but has no authority to establish policies or make decisions for the public entity; (3) "public entity" means an entity of The state or of a political subdivision of the state including an agency, a board or commission, the University of Alaska, a public authority or corporation, a municipality, a sehooI district, and other governmental units of the state or a political subdivision of the state; it does not include the courC system or the legislative branch of state government. AS 44.62.312. State Palicy Itegardar~~ 1Vleetings. (a) It is The policy of the state that (1) the governmental units mentioned in AS 44.62.310 (a) exist to aid in the conduct of the people's business; (2} it is the intent of the law that actions of those units be taken openly and that their deliberations be conducted openly; (3} the people of this state do not yield their sovereignty to the agencies that serve them; (4) the people, in delegating authority, do not give their public servants the right To decide what is good for the people to know and what is noT good for Them to know; (5) the people's right to remain informed shall be protected so that they may retain control over the insTruments they have created; (6) the use of teleconferencing under This chapter is for the convenience of the parties, the public, and the governmental units conducting the meetings. (b) AS 44.62.310 (e) and (d) shall be construed narrowly in order to effectuate the policy stated in (a) of this section and to avoid exemptions from open meeting requirements and unnecessary executive sessions. T;Genn (Oa. A?'I A ~! KENAI CITY COUNCIL -REGULAR MEETING APRIL I, 2®09 7:®® PsM. KENAI CITY COUNCIL CHAMBERS http f /www.ci.kenai.ak.us ITEM A: CALL TO ORDER Pledge of Allegiance 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) Charles Winegarden -- Application/Establishment of MAPS Special Zone Becky EspyJCoueen Ward -- Establishment of MAPS Special Zone ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATOR5 AND COUNCILS ITEM E: PUBL%C HEARINGS (Testimony limited to 3 minutes per speaker.) PASSED. Ordinance No. 2393-2009 -- Amending the Official Kenai Zoning Map by Rezoning Approximately 22 Acres Located North of the Kenai Spur Highway From McCollum Drive West to No-Name Creek From Rural Residential 1 (RR1) and Conservation (C) to Limited Commercial (LC). 2. POSTPONED, NO TIME CERTAIN. Ordinance No. 2394-2009 -- Increasing Estimated Revenues and Appropriations by $45,501 in the Airport Fund and by $1,820,000 in the Runway Improvement Capital Project Fund for Additional Phases of the Airport Apron Pavement Rehabilitation Project. POSTPONED, NO TIME CERTAIN. Ordinance No. 2395-2009 -- Increasing Revenues and Appropriations by $2,415,000 in the Airport Apron Rehabilitation--Stimulus Fund for the Grant Funds Awarded Through the "American Recovery and Reinvestment Act (ARRA) Stimulus Package." 4. PASSED UNANIMOUSLY. Resolution No. 2009-08 -- Awarding the Bid to Alaska Automatic Fire Protection, Inc. for Vintage Pointe Dry Sprinkler System Replacement - 2009 for the Total Amount of $49,574.00. (Clerk's note: Resolution No. 2009-08 was postponed at the March l8, 2009 council meeting related to request for further explanation of difference between amounts bid.) 5. PASSED UNANIMOUSLY. Resolution No. 2009-09 -- Awarding the Bid to World Wide Roofing 8v Construction, Inc. for Vintage Pointe Casement Window Replacement - 2009 for the Total Amount of $94,297.00. (Clerk's note: Resolution No. 2009-09 was postponed at the March 18, 2009 council meeting related to protest of bid award submitted on March I8, 2009.) 6. PASSED UNANIMOUSLY. Resolution No. 2009-I2 -- Approving a Contract to North Star Paving 8v Construction, Inc. for the Project Entitled South Ames Road and Basin View Way Paving LID - 2009 for the Total Amount of 5223,658.32. 7. AMENDED AND PASSED. Resolution No. 2009-13 -- Demonstrating Support for and Willingness to Work with the Kenai Watershed Forum on Three Fish Passage Projects Within the City of Kenai. 8. PASSED UNANIMOUSLY. Resolution No. 2009-14 -- Approving a Contract to Alaska Roadbuilders, Inc. for the Project Entitled Kenai Municipal Airport Runway Safety: Taxiways F, G, and H Lighting, Grading, and Drainage - 2009 for the Total Amount of 5451,676.00 Which Includes the Basic Bid and Additive Alternate. 9. APPROVED. Liquor License Transfer -- From Foodtown Liquor, Inc. d/b/a Kenai Country Liquor to Country Liquor, LLC, d/b/a Country Liquor. ITEM F: MINUTES APPROVED. *Regular Meeting of March 18, 2009. APPROVED. *March 10, 2009 Kenai City Council Work Session Notes ITEM 6i: UNFINISIiED BUSINESS ITEM FI: NEW BUSINESS UNAMMOUSLYAPPROVED. Ratification of Bills UNANIMOUSLY APPROVED. Approval of Purchase Orders Exceeding $15,000 3. INTRODUCED BY CONSENT AGENDA APPROVAL. Ordinance No. 2396-2®09 -- Amending the Kenai Municipal Code with the Addition of Chapter 10.40, Entitled, "Release of Public Records" and "Regulations Concerning Public Record Inspections." 4. UNANIMOUSLY APPROVED. Approval -- Assignment of Lease -- Dennis D. Linnell, Eugene C. Chase, Harold R. Smith, and Robert E. Gerdon, Jr. d/b/a DEHR-Joint Venture to Dennis D. Linnell, Dennis R. Linnell and Betty J. Smith, d/b/a DEHR Joint Venture/Lot Seven (7), Etolin Subdivision, Second Addition. 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 d. Advisory Cemetery Committee e. Kenai Convention & Visitors Bureau f. Salmon Task Force ITEM J: REPORT OF THE MAS~OR ITEM K: 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.) Ordfnance No. 2362-2®®8 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential 1 (RRI) to Limited Commercial (LC). ®xdinance No. 2365-2008 -- Amending KMC 1.80.010 by Increasing the Mayor's Salary From $900 to $1,000 Per Month and Council Members' Salaries From $400 to $S00 Per Month. (Clerk's Note: Ordinance No. 2365-2008 was tabled to the first meeting in July, 2009, to allow for further consideration of a salary increase during the budget FYZ O budget process.) ®xdfnance No. 234'7-2008 -- Repealing the Existing KMC 1.15.040 and KMC 1.15.050(c) Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a New Section KMC 1.15.040 Entitled, Agenda and Packet - Developrnent-Preparation-Distribution-Publication-Late Materials. (Clerk's Note: Ordinance No. 2347-2008, Substitute B was moved for adoption at the January 21, 2009 Council Meeting and subsequently tabled, no time certain. Within 60 days, items from the ordinance are to be incorporated into a suggested policy as well as an ordinance identifying those items to codify.) -- None Scheduled ITEM N: ADJOURNMENT I A KENAI CITY COUNCIL -REGULAR MEETING APR.yIL 15, 2®09 s®® P.M• KENAI CYTY COUNCIL http: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER Pledge of Allegiance Roll Call 3. Agenda Approval 4. Consent Agenda *Al1 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) Duane Bannock, Director, KPB Spruce Sark Beetle Program -- Program Update. 2. Margaret Coleman, Executive Darector, Haven House -- Child Advocacy Center/Homer/Program Update. :~. Olivs_a Pfeifer, KCHS Student -- Caring for the Kenai Presentation; "Better Bird Control." ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNC%LS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) POSTPONED/MAY 20, 2009. Ordinance No. 2336-2009 -- Amendang the Kenai Municipal Code with the Addition of Chapter 10.40, Entitled, "Release of Public Records" and "Regulations Concerning Public Record Inspections." 2. PUBLIC HEARING HELD. Discussion (no Council action required but public testimony will be taken) -- Justice Assistance Grant Program Participation. ITEM F: MINUTES APPROVED. *Regular Meeting of April 1, 2009. ITEM G: ITEM H: APPROVED. Ratification of Bills 2. APPROVED. Approval of Purchase Orders Exceeding X15,000 INTRODUCED APPROVAL OF CONSENT AGENDA. *Ordinance No. 2397-2009 -- Increasing Estimated Revenues and Appropriations by $65,750 in the Airport Special Revenue Fund and the Courthouse Parking Capital Project Fund for Construction. 4. INTRODUCED/APPROVAL OF CONSENT AGENDA. *Ordinance No. 2398-2009 -- Decreasing Estimated Revenues and Appropriations by $250,000 in the Street and Sewer Capital Projects and Increasing Estimated Revenues and Appropriations by $250,000 in the Library Expa::sion Capital Projects Furd for Capital Improvemer_ts. 5. INTRODUCED APPROVAL OF CONSENT AGENDA. *Ordinance No. 2399-2009 -- Increasing Estimated Revenues and Appropriations by $1,221.96 in the General Fund for Library Travel and Transportation. 6. INTRODUCED APPROVAL OF CONSENT AGENDA. *Ordinance No. 2400-2009 -- Increasing Estimated Revenues and Appropriations by $5,173 in the General Fund for State Traffic Grant Overtime Expenditures. 7. ia:'Tn°ODUCED APPR0'I7AL OF CO.:'SES:'T AGER'DA. *Ordsnan a No. 2401-2009 -- Increasing Estimated Revenues and Appropriations by $853.55 in the General Fund for Forensic Computer Training from Internet Crimes Against Children (ICAC). 8. INTRODUCED APPROVAL OF CONSENT AGENDA. *Ordinance No. 2402-2009 -- Authorizing a Budget Transfer of $5,000 Within the General Fund/Non-Departmental Account and Increasing Estimated Revenues and Appropriations by $5,000 to Provide for Additional Funding for the Soccer Park Maintenance Building Project. 9. APPROVED. Approval -- Assignment of and Amendment to Lease -- ZYX Holdings Incorporated and Franklin G. Wortham and Charles B. Versaw, Individually to Arctic Barnabas Ministries, Inc. JLot 5, Block 5, Amended Plat of General Aviation Apron No. 1. 10. SCHEDULED/MAY 20, 2009, 5:30 PM. Discussion -- Schedule Work Session/Fuel Flowage Fee ITEM I: 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini-Grant Steering Committee d. Advisory Cemetery Committee e. Kenai Convenfion 8s Visitors Bureau f Salmon Task Force ITEM J: .REPORT OF THE MAYOR ITEM K: 1. City Manager 2. Attorney 3. City Clerk YTEM L: 1. Citizens (five minutes) 2. Council %TEM M: PEND%NG LEGISLATYON (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2362-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential i (RR1) to Limited Commercial (LC). Ordinance No. 2365-2008 -- Amending KMC 1.80.010 by Increasing the Mayor's Salary From $900 to $1,000 Per Month and Council Members' Salaries From $400 to $500 Per Month. (Clerk's Note: Ordinance No. 2365-2008 was tabled to the first meeting in July, 2009, to allow for further consideration of a salary increase during the budget FY10 budget process.) Ordinance No. 234?-2008 -- Repealing the Existing KMC 1.15.040 and KMC 1.15.050(c) Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a New Section KMC 1.15.040 Entitled, Agenda and Packet - Development-Preparation-Distribution-Publication-Late Materials. (Clerk's Note: Ordinance No. 2347-2008, Substitute B was moved for adoption at the January 21, 2009 Council Meeting and subsequently tabled, no time certain. Within 60 days, items from the ordinance are to be incorporated into a suggested policy as well as an ordinance identifying those items to codify.) Ordinance No. 2394-2009 -- Increasing Estimated Revenues and Appropriations by $45,501 in the Airport Fund and by $1,820,000 in the Runway Improvement Capital Project Fund for Additional Phases of the Airport Apron Pavement Rehabilitation Project. (Clerk's Note: Ordinance No. 2394-2009 was postponed, no time certain, at the April 1, 2009 council meeting.) Ordinance No. 2395-2009 -- Increasing Revenues and Appropriations by $2,415,000 in the Airport Apron Rehabilitation--Stimulus Fund for the Grant Funds Awarded Through the "American Recovery and Reinvestment Act (ARRA) Sfimulus Package." (Clerk's Note: Ordinance No. 2395-2009 was postponed, no time certain, at the April 1, 2009 council meeting.) -- None Scheduled YTEM N• Sorry I did not forward this sooner, I just got back from my trip. Perhaps we could comment on this at the commission meeting. Kathy ----- Original Message ----- From: Reo. Mike Chenault To: 'heus-2(a~ak.net' Sent: Sunday, March 15, 2009 5:49 PM Subject: RE: Kenai Community Library Addition Kathy: ~~110yi. Thanks for contacting me about the Kenai Library project. The federal stimulus package projects are controlled more by Congress and communities that wish to participate more so than the Legislature. I respectfully suggest the library and the city of Kenai submit a proposal to the Alaska State Library for inclusion in any stimulus library funds that may come to Alaska. The city may also submit a request to receive funds for the library project. I am willing to have your request considered but it may be more beneficial for the city and library to contact the Alaska State Library to try and get the Kenai project included. I appreciate your contacting my office. Please feel free to let me know if you have additional comments on this or any other issue. .~Lke Representative Mike Chenault Speaker of the House 1-800-469-3778 www. mikechenault.com From: heus-2@ak.net [mailto:heus-2@ak.net] Serot: Tuesday, February 24, 2009 7:10 PM To: Rep. Mike Chenault Subject: Kenai Community Library Addition Dear Representaive Chenault, I am a resident of the city of Kenai. I am presently a member of the Advisory Library Commission and Friends of the Kenai Community Library. However, I am writing this as an individual. I have been a volunteer for the Library since I arrived in Kenai in 1968. We are in process of raising funds for a much needed addition to our present library. The voters of Kenai passed a two million dollar bond issue in Oct 2007 and the Rasmuson Foundation has promised 1.3 million dollars. From state funding in 2008 the City appropriated $250,000 for architectual drawings. At present, Friends of the Library are trying to raise addtional funds. The projected cost for the addition is 5.3 million dollars. I have been informed that the Alaska State Library has put several library projects on a list to be funded and will be "shovel ready" in the next months. It is my request that, if possible, consideration be given to our project when stimulus funds become available. Thank you, Kathy Heus 4540 Kenaitze Court Kenai, Ak 99611-8607