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HomeMy WebLinkAbout2011-05-10 Council Packet - Work Session1 REMINDER: COUNCIL WORK SESSION: POSSIBLE AMENDMENTS TO COMMISSION /COMMITTEE APPOINTMENTS AND PUBLIC NOTIFICATION OF VACANCIES ON COMMISSIONS AND COMMITTEES TUESDAY, MAY 10, 2011 6:00 P.M. CITY COUNCIL CHAMBERS *A Tight meal will be provided. KENAI CITY COUNCIL WORK SESSION POSSIBLE AMENDMENTS TO COMMISSION /COMMITTEE APPOINTMENTS AND PUBLIC NOTIFICATION OF VACANCIES ON COMMISSIONS AND COMMITTEES TUESDAY, MAY 10, 2011 6:00 P.M. CITY COUNCIL CHAMBERS AGENDA ITEM 1: REVIEW OF INFORMATION PROVIDED AND DISCUSSION a. Ordinance No. 2527 -2011 -- Amending the Kenai Municipal Code, Chapter 14.05, Planning & Zoning Commission, to Add a New Section 14.05.015 Entitled, "Appointment to Planning & Zoning Commission" Requiring Public Advertisement and Notice of Vacancies on the Commission, Permitting Any Member of the Council to Nominate a Person for Appointment to the Commission, and Defining the Term of Office. (Clerk's Note: Ordinance No. 2527- 2011failed to be introduced at the January 19, 2011 Council meeting. At the February 2, 2011 Council Meeting, the May 10, 2011 work session was scheduled and it was suggested Ordinance No. 2527 -2011 be included in the work session discussion related to possible amendments to Commission and Committee Appointments and Public Notification of Vacancies on commissions and Committees.) b. Memoranda -- Submitted by City Clerk Freas, City Attorney Stearns, and City Manager Koch at the Request of City Council ITEM 2: PROVIDE DIRECTION FOR PREPARATION OF AMENDMENTS TO CODE, ETC. ITEM 3: ADJOURNMENT kedfj of ENAI. ALASKA Sponsored by; Council Members Hockey and Molloy CITY OF KENAI ORDINANCE NO. 2527.2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF RENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE, CHAPTER 14.05, PLANNING AND ZONING COMMISSION, TO ADD A NEW SECTION 14.05.015 ENTITLED "APPOINTMENT TO PLANNING AND ZONING COMMISSION" REQUIRING PUBLIC ADVERTISEMENT AND NOTICE OF VACANCIES ON THE COMMISSION, PERMITTING ANY MEMBER OF THE COUNCIL TO NOMINATE A PERSON FOR APPOINTMENT TO THE COMMISSION, AND DEFINING THE TERM OF OFFICE. WHEREAS, Chapter 1.90 of the Kenai Municipal Code, Chapter 1.90 establishes standard procedures for all boards, commissions, and committees of the City of Kenai; and, WHEREAS, section 1.90.0 10 sets forth an appointment procedure for members of boards, commissions, and committees whereby the Mayor may nominate a person to serve as a member which nomination must be confirmed by the City Council.; and, WHEREAS, the procedures set forth in Chapter 1.90 do not provide for or require general public notice or advertisement before the Mayor nominates and the Council confirms an appointment to a vacancy on a board, commission, or committee; and, WHEREAS, the procedures set forth in Chapter 1.90 are general requirements only and are followed to the extent that they do not conflict with more specific requirements found in code sections pertaining to specific boards, commissions, and committees; and, WHEREAS, as established in KMC 14.05.010, the duties of the Planning and Zoning Commission (Commission) include both advisory and decision - making duties; and, WHEREAS, the Commission's powers and duties include advisory duties to the City Council as well as to the Borough Planning Commission, with such duties including making recommendations regarding rezoning applications, proposed amendments to the Kenai Zoning Code, and City and airport land lease and sale applications; and, as regards the Borough, acting in an advisory capacity on subdivision plat proposals, rights -of -way and easement vacation petitions, and on other matters; and, WHEREAS, with respect to its decision - making duties, the Commission acts as a quasi- judicial body, conducting public hearings on matters that have important consequences to owners of private property, such as acting upon applications for conditional use permits and variances; and, New Text Underttued' [DELETED TEXT BRACT Ordinance No. 2527 -2011 Page 2 of 4 WHEREAS, the importance of the work of the Commission and its members, and the dedication of time required of the members to perform their duties, is recognized in the City's Code, including in KM. C 1.85.070(a) requiring Commission members to file annual financial disclosures and in KMC 14.05.01.0(d) authorizing compensation of member of $100 per month for their work, both requirements and benefits not imposed or conferred upon members of other City boards, commissions, or committees except the City Council; and, WHEREAS, by creating a more public application and nomination process for selection of members of the Commission, the City provides a more open process that encourages public participation in municipal government and creates a transparent process for individual residents of the City of Kenai to make their interest in public service an the Commission known; and, WHEREAS, a more open process for recruitment of members to serve on the Commission represents a substantial step toward addressing a major recommendation arising out of the City's Town Hall Meeting held in May, 2010, wherein the public requested that the City foster communication through collaborative, engaged decision- making processes; and, WHEREAS, it is in the best interest of the City of Kenai for the City Council to adopt additional processes and procedures unique to the Planning and Zoning Commission for the filling of vacancies on that Commission. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Kenai Municipal Code: The City of Kenai Municipal Code is hereby amended by a.dding a new section 14.05.015, Appointment to Planning and Zoning Commission, to read as follows: 14.05.015 Appointment to Planning and Zoning Commission. (a) Public notice; application. Whenever a term of a Commission member is to expire, and whenever a vacancy on the Commission occurs, the City Clerk shall notify the Council and advertise the vacancy. The vacancy, and a request for applications, shall be advertised at least twice a week for. two (21 weeks in a newspaper of general circulation, posted on the City's website, and posted in at . least three (3I other public places in the City. one of which shall be the official bulletin board of the City at City Hall. The last date of newspaper publication shall be no later than seven (7) days before consideration of the appointment by the Council. An applicant shall file with the City Clerk a completed application on a form provided by the Clerk. The deadline for filing an application shall be advertised and shall be the deadline for timely submissions to the City Council New Text Underlined; [DELETED TEXT BRACKETED! Ordinance No. 2527-2011 Page 3 of 4 meetinu; packet fas set by the polices and procedures of the Council) for the meeting at which the appointment is on the Council agenda. All applications filed by the advertised. deadline shall be placed in the Council packet. (b) Nomination. Consideration shall be given to the ciumi. ficattions and merits of each applicant by providing the Council with copies of all annli.cations in the meeting packet for the Council meeting at which the matter is to be considered.. The Council shall make nominations only from the Iist of persons who timely submitted an ap2lication. Upon motion approved by the Council the Council may re -open the application period or consider ad.dition.aily- submitted applications. (c) Appointment by Council. Members of the Planning and Zoning Commission shall be appointed. by the Kenai City Council. Any Council Member may nominate a person for appointment from the pool of applicants. After all nominations are made, the Council shall use secret ballot voting, to select the Commission member. (d) Term of Office. Members of the Commission shall be appointed for a term of three nears. Terms shall end on December 31 of the third. year, provided that a m.emljer shall continue to serve until a successor is appointed and takes office. Appointments to fill vacancies shall he for the unexpired term. In the event a seat has six (6) months or less remaining to the unexpired term, the Council, at its discretion. may choose to appoint the member to the remainder of the current teiutt as well as to the full terra immediately following the expiration date of the unexpired term. Section 3. Severability: 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 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KE:NAI, ALASKA, this second day of February, 2011. PAT PORTER, MAYOR New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2527 -203.1 Page 4 of 4 A'1 1 EST: Carol L. Freas, City Cler Introduced.: January 19, 2011 Adopted: February 2, 2011 Effective: March 2, 2011 Text Underlined; [DELETED TEXT Bt2ACKETED] KE h ALASKA tillage with a Past, Gory with a Figure" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 I FAX: (907) 283 -3014 www.ci.kenai.ak.us MEMO N D U M TO: Mayor Pat Porter and City Council Members FROM: Council Members Terry Boolcey and Bob Molloy DATE: January 13, 2011 RE: Ordinance No. 2527- 2011 The proposed Ordinance No. 2527 -2011 suggests changes to how members of the City's Planning & Zoning Commission are nominated and confirmed by the Council. We believe the "whereas" statements in the draft adequately describe the intent of the ordinance and the reasons for its proposal. By way of short summary, the most significant change to the process of appointing Planning & Zoning Commission members is the addition of a formal notice process for recruitment of applicants for a vacant or expiring seat. We also propose some modifications to nomination process. The ordinance would permit any member of the Council to nominate someone to a vacant or expiring seat and voting by the Council would be by closed ballot, Finally, while the term of office and expiration of a normal term of a Commission Member's seat will remain three years and will expire on December 31 (just as with other City commissions and. committees), the ordinance states that a person in an expiring seat continues to serve until their replacement is named. When filling vacant seats, if the vacant seat has less than six months remaining before the natural expiration of the term of the seat, the new person could. be appointed to the next successive term if the Council elected to do so. KEAiAI, ALASKA Nzy "Village with a Past, Gi with an/chive" MEMO • • 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1992 /61:L4 A 4e ,. s,C--- 45 Ro //J ® BY COUNOL A 111' TO: Mayor Porter and City Councilors, FROM: Carol Freas, City Clerk Krista S. Steams, City Attney f% DATE: March 10, 2011 .. SUBJECT: Amendment to City Code Regarding Boards, Co Commissions ttees and INTRODUCTION The Council has requested input from the City's Clerk, Manager and Attorney regarding possible changes to the City Code to aid in the administration and function of the City's various hoards, committees, and commissions (hereafter generally referred to as "committees "). What follows is a synopsis of some of the major problems and challenges in the function of the committees identified by either members of the Council and through administration of the conunittees by the City Clerk, along with a list of possible suggestions or ideas for addressing these problems. We have tried to keep everything on the table while providing a framework for further discussion, keeping in mind the Council's preference that more discussion was merited before specific Code revisions were proposed. For your ease of reference, we have attached a copy of the following: • KMC 1.90 Standard Procedures for Boards, Commissions and Committees • KMC 1.57 Library Commission. • KMC 11.10 Harbor Commission • KMC 14.05 Planning and Zoning Commission • KMC 19.05 Parks and Recreation Commission • KMC 21.20 Airport Commission Because of the highly unique function and nature of operation of the personnel Arbitration Panel, it is not discussed herein. Amendment to City Code /Boards, Committees and Commissions Memorandum March 10, 201 I Page 2 of 10 • Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions • Bylaws, Council on Aging Please keep in mind that this memorandum represents a beginning point. The following lists and ideas are not necessarily comprehensive; they reflect some initial thinking on the matter to help guide a more productive future work session and discussion by the Council and the public. Also, as you review this memorandum, he mindful that many of these items are interconnected. For example, some committees routinely have trouble establishing a quorum. This may be addressed by lowering the number of committee members or changing the frequency of meetings or both. There is no straight path forward in this process. PROBLEMS /CHALLENGES IN COMMITTEE FUNCTION • Absences. What is an excused /unexcused absence? Is retaining that distinction valuable? How should a committee handle absences? Should the committee handle absences, or should that fall to the Clerk (with specific direction) or the Council? Do a certain number of absences require removal from the committee? If so, who makes that determination? • Problems Attaining a Quorum. Are there too many committee members? What notice should a committee member provide if they cannot attend and does that affect if an absence is excused or unexcused? Should the frequency of meetings be changed? • Recruitment and Retention of Committee Members. Does the City have too many committees? Would reduction of the number of committees help in recruitment by avoiding fatigue of volunteers? How should notice of vacancies be provided? Should that notice differ depending upon the committee? s Resources. Work and other resources (paper) could be saved if there was advance notice that there would he no quorum and a meeting can he cancelled. Should a meeting be cancelled on short notice if there is no quorum? If yes, upon how short of notice (public impacts /inconvenience)? Should packets be circulated only electronically? To what extent should these practices be set out in. Code or policy or left to discretion of the Clerk and administration? Amendment to City Code /Boards, Committees and Commissions Memorandum March 10, 2011 Page 3 of 10 Overlapping and /or Obsolete Functions.' Some committee functions may be unnecessarily duplicative. Some committee functions may no longer be relevant today or the duties are poorly defined. Should duties of some committees he changed? Should functions be added or deleted or better described? Should committees be combined? Are there committees that should be eliminated or re- named? Should some functions be assigned to subcommittees? There is no authorization for the formation or conduct of a Beautification Committee, yet this committee has met regularly and currently acts as an independent committee. Likewise, there is no specific mention of the Council on Aging in the Code. The Council on Aging operates under bylaws which have been adopted by the City Council. The bylaws require only an annual meeting in January, although the Council meets more frequently.' MEETING INFORMATION The City of Kenai has seven (7) boards, commissions, and committees. The meeting schedule for each committee is not established in Code. Instead, the meeting schedules are established in the Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions. The meetings are as follows: Commission /Committee /Board ! Meeting Schedule Scheduled Meetin Da s 1 Planning & Zoning Commission Bi- monthly January through. December, Second & Fourth Wednesdays Library Commission Monthly First Tuesday of month. Council on Aging Monthly_ Meets January, April, May, September and October Second Thursday of month. Second Tuesday of the month. Beautification Committee 2 This issue is not addressed in this memorandum except to identify it as a potential issue or problem. The City Clerk oversees the procedural aspects of the function of committees such as arranging for notice, compiling and publishing (most) agendas and packets, and attendance. Although we anticipated that Mr. Koch would provide input to this memorandum for a joint presentation to the Council, we did not receive that input for the packet deadline. Again, we make no recommendation in this respect other than to establish both committees in Code if they are to remain standing committees of the City. Amendment to City Code /Boards, Committees and Commissions Memorandum March 10, 2011 Page 4 of 11 Parks & Recreation. Commission Meets August, October, December, February and April First Thursday of tnonth.. Airport Commission Monthly Second Thursday of month. Harbor Commission Monthly First Monday after first council meeting of month. The meeting schedule for the various committees has changed over the years; but, the one constant is that meetings have been held at City Hall and at 7:00 p.m. Prior City Councils have felt very strongly that the meeting place and time for City committees be consistent to enhance convenience to the public. Also, because meetings are recorded, City Hall is the best location for meetings because other locations are not properly set up to provide adequate; reliable recording. The single exception to this process is the Council on Aging that meets at the Senior Center. In 2010, the following meetings were held.: Commission/Committee/Board TPlanning & Zoning Commission Scheduled Meetings Held/Cancelled /No eetings 24 Library Commission Council on Aging 12 Quorum 20 meetings held; four meetings cancelled (holiday or no business) Nine meetings held; one cancelled; two no quorum 12 Eight meetings held; four meetings cancelled (no business) Five meetings held 7 Five meetings held; two meetings no uorum 12 Nine meetings held; three meetings cancelled Beautification Committee Parks & Recreation Commission Five Airport Commission Harbor Commission SOLUTIONS/PROPOSALS/IDEAS Eight meetings held; two meetings cancelled for no business; two meetings no quorum As identified above, there is no clear path to resolving issues identified above. We offer the following as ideas for further consideration. Amendment to City Code /Boards, Committees and Commissions Memorandum March 10, 2011 Page 5 of 10 Reducing the .Number of Committee Members The City's committees generally have seven members. Four members must be present to establish a quorum in order to hold a meeting. The exception is the Council on Aging which has nine members and, accordingly, five members in attendance establish a quorum. By reducing the number of committee members (for all or some committees), the Council a.ddresses two issues— recruitment and quorum. With respect to recruitment, Council Members and the Mayor have raised concerns about the ability to find and retain volunteers for City cotmnittees, By reducing the number of committee members required, fewer volunteers are needed. It may also reduce volunteer fatigue which may occur if a person takes on additional duties simply to fill a vacancy. Research conducted by the Clerk reflects several communities within the State that have standing committees of only five members. In other words, this is not a novel approach. Moreover, because of the advisory duties of these committees, reducing the number of members is not expected to shift additional burdens to the members of the smaller committees. In short, it should not, increase the work for the remaining members. Of course, a smaller committee means less breadth of ideas and input from the public members. With respect to quorum, this proposal is a bit of a wash. By reducing the committee from . seven to five members, the number of establishing the quorum is reduced by one member. I-towever, the committee will have two fewer members from which to draw that quorum. With seven members a quorum requires 57 percent attendance (4 persons). With five members, a quorum requires 60 percent attendance (3 persons). Reduction of the membership of some committees would probably not be practicable. For example, with respect to the Airport Commission, the methodology of selection of committee members is to draw from different interest and user groups. By Code, the Airport Commission draws its membership from specific groups including fixed base operator lessees, terminal lessees, FAA personnel, Civil Air Patrol, at -large members, etcetera. Reduction of the number of members on the Council on Aging would require an amendment to its Bylaws. Interestingly, in an attempt (in part) to address quorum issues formerly experienced by the Council on Aging, the Council amended its Bylaws to raise the membership from seven and to nine (where 5 would be a quorum, requiring 55 percent attendance to establish a quorum). -10- Amendment to City Code /Boards, Committees and Commissions Memorandum March 10, 2011 Page 6 of 10 Reduce the Number of Meetings Required This idea addresses several issues, some directly, some indirectly — cancelled meetings, resource uses, and recruitment. With fewer meetings, fewer resources are consumed in terms of the Clerk's office human and physical resources. The Clerk's office would have to prepare fewer meeting packets (paper and electronic) and issue fewer public notices. This also reduces the responsibilities for the department heads that must attend the meetings and work with the Clerk to establish an agenda of items to discuss. Fewer meetings would also help reduce the number of cancelled meetings due to lack of business. This also reduces resource demands upon the City Clerk's office and time demands upon the department head who oversees the meeting. Reducing the number of cancelled meetings would also avoid frustration of members of the public who might count on a meeting being held only to find later that it was cancelled. It is difficult for ordinary citizens to follow all notices of meetings and cancellations. By holding fewer meetings, the time demand on volunteers is reduced. Also, their participation in meetings with more "meat" on the agenda might be more fulfilling. The Council could consider whether this might help recruitment as the duties of the members would be lightened somewhat. Finally, if the Council reconsiders the schedule of regular meetings, it should keep in mind the substantive duties of each committee. Meetings should be established, at a minimum, so they can be held a meaningful time to make recommendation to the committee's capital improvement list and budget preparation input (these recommendations from committees are gathered in October through December). Some committees have duties or interests that are primarily seasonal. So, a system of meetings for those committees might include more regular meetings in the spring and summer, for instance, but fewer or no meetings in the winter. Appoint an Alternate to Each Committee This suggestion would address quorum issues. The alternate would fill a seat for a member who may be absent at a given meeting. This idea would help to address the occasional problem that committees have in attaining a quorum and it has been tried in other communities. Most notably. the City of Soldotna once had an alternate system. When the Clerk contacted the City of Soldotna about that process, the Soldotna City Clerk reported that the system allowing for appointment of alternates was eventually amended to delete that process because it was found to be problematic for the alternate. The system effectively required the alternate to attend all meetings, just in case. The Amendment to City Code /Boards, Committees and Commissions Memorandum March 10, 2011 Page 7 of 10 sense was it became unfair to the alternate and it was probably not a very gratifying public service experience for that person. Eliminate /Change Process for Absences One long - standing problem is what the City does, if anything, regarding committee members who do not participate actively once appointed to a position. This creates problems in establishing quorums and cancellation of meetings. In Chapter 1.90 of the Code, the general process of the committees is established. Addressing committee process most generally, there is a fairly confused process for dealing with absences. The process asks the committees to excuse a member for "good cause," a concept which is not defined and uses a time period of 3 consecutive calendar months from which to determine if absences not excused for "good cause" require disqualification. KMC 1.90.050 (b) reads: (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. This process is not working. As hest as we can determine, it is not being used. Committee members are reluctant to disqualify a person from membership. It is a mentally difficult thing to do. There is no direction how to determine "good cause." The frequency of meetings of some committees renders a 3- absence -in -12 -month standard a bit ridiculous since some committees do not meet very frequently. A committee member could effectively miss a substantial majority of meetings but still not he subject to removal. The current standard in the Code also provides little guidance how one considers an absence where a meeting is cancelled, such as because the meeting is cancelled because members notify the Clerk that they will not be in attendance and the lack of a quorum is known in advance. And, there is no indication about who makes the decision or how information is delivered to the committee member that they shall no longer be on the committee. The result is that some committees have been hampered from establishing quorums because a committee member may habitually not be in attendance and nothing is or can comfortably be done about it. This results in more cancelled meetings and less breadth of -12- Amendment to City Code /Boards, Committees and Commissions .Memorandum March 10, 2011 Pace 8 of 10 participation in general. Whatever process is selected to address this issue, the Code needs to be amended to set forth a clear path of action from setting the attendance standard to instruct the Clerk about actions to take, to when and how the issue is presented to Council. Here are several ideas or approaches to dealing with the attendance issue. • Eliminate the distinction between excused and unexcused absences. Allow a certain number of absences and do not distinguish about reasons why a person is absent. If a member is absent more than allowed, a process would be established to notify the member that he or she is no longer on the committee or to begin a process for their removal at the discretion of the Mayor and /or Council. • A member forfeits membership on the committee if absent from three (or another number of) consecutive, duly - noticed meetings. The position then automatically becomes vacant or some other process is used to notify the member about their service. For example, the member could then be removed by notice from the Mayor with or without the approval of the Council or the member could be removed by a majority vote of the Council. • A member may have an excused absence for good cause. What constitutes "good cause" shall be in the reasonable discretion of the committee, The member seeking to be excused may not vote on the "absence for good cause" question. • A request to be excused must be submitted to the City Clerk, committee staff representative, and /or conunittee chair at a time certain prior to the next meeting's agenda preparation. A standard is created to guide who determines if the absence is excused and what is an excused or "good cause" absence. • Provide better direction to committee members about their duties and notice obligations in the Code by spelling out the expectations more clearly. Whatever occurs, a process for removal should be better established. Removal could then be done by one several ways. The Clerk would prefer not to be the decision maker, but if that is the preference of the Council, the Code should be amended to provide clear, non - discretionary direction for the process. One assumes that such a process would include a notification letter to the (former) committee member with some follow up notice by the Clerk to the Council. A similar process could he set up for an automatic notice issued by the Mayor instead of by the Clerk, again with follow up notice to the Council. _13_ Amendment to City Code /Board.s, Committees and Commissions Memorandum March 10, 2011 Page 9 of I 0 Alternatively, the fact that a committee member has hit the absence threshold could instead be presented to the Council as a body for further action. The Clerk could inform the Council who could then be given discretion to terminate the person's service and declare a vacancy. The Mayor could present the matter to the Council, announcing his or her intent, and seek ratification by the Council, much how appointments are currently handled. The matter could simply be listed as a discussion item on the Agenda and removal could be discussed and approved by a majority vote of the Council. As always, different processes could he considered for different committees. Amend Advertisement Process Several Council Members have expressed a concern about how the City recruits for members of committees. Some have suggested that notice of vacancies on committees could be advertised in the local paper, at least for the Planning & Zoning Commission. The Mayor works very hard to keep channels of communication open with members of the public to fulfill her duties of appointment, and it is not easy to find volunteers. Accordingly, the following ideas may have some traction with the Council: • Routinely advertise vacancies on committees in the newspaper, such as perhaps issuing a monthly or quarterly notice. Advertisement could be added at little additional cost by posting in prominent places in the community (library, post office), by PSAs on the radio, and on the City's website, This would not require a Code change, but it might be a process to add to the City's policy on committees. • Prior to the end of each calendar year, when vacancies naturally arise, advertise for vacancies in the newspaper. Advertisement could be added at little additional cost by posting in prominent places in the community (library, post office), by PSAs on the radio, and on the City's website. This would not require a Code change, but it might be a process to add to the City's policy on committees. • Establish separate and unique policies for the Planning & Zoning Commission, which unique policies would reflect the additional duties and importance of this Commission as well as the more rigorous service required of those members. • Create a stronger web presence on the City's web page that announces vacancies and how to apply for vacant positions. • As with each issue identified in this memo, do nothing differently. -14- Amendment to City Code/Boards, Committees and Commissions Memorandum March 10, 2011 Page 10 of 10 Signify Advisory Capacity of Committees To avoid confusion with regard to the powers of committees, amend the sections of the Code describing the different committees by inserting "advisory" in the titles. The exception would he the Planning & Zoning Commission. The P &Z Commission has independent authority under the Alaska Statutes and the Kenai Municipal Code in addition to advisory duties. Delineate Liaison Duties We believe that at least one Council Member has informally raised the issue of what really are the duties of a liaison to a committee. If there is an interest in this aspect of the City's function of committees or cornm.issions, this would be an appropriate time to discuss this function as well. We do not currently have a good understanding if there is truly a concern here, so no suggestions are offered. -15- 1.90.010 Chapter 1.90 STANDARD PROCEDURES FOR BOARDS, COMMISSIONS AND COMMITTEES Sections: 1.90.010 1.90.020 L90.030 1.90.040 1.90.050 1.90.060 Creation. Duties. Qualifications. Terms. Proceedings. Specific requirements of boards, commissions and committees. 1.90.010 Creation. All boards, commissions and committees cre- ated by the Council of the City of Kenai, shall con- sist 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 chairman and vice -chairman shall be selected an- nually and shall be elected from and by the ap- pointed members. The Mayor and one Council Member elected by the Council as ex- officio mem- bers and as consultants of any board, commission or committee, may attend all meetings, but shall have no voting power on the board, commission or committee. A member of Council or City adminis- trative staff shall attend all meetings of boards, commissions and committees and supply staff sup- port. 1.90.020 Duties. (a) Members of boards, commissions and com- mittees shall be required to establish policies relating to their respective organization. They shall act in an advisory capacity to depart- ment heads within the City Administration if there are such departments in the City organi- zation that directly relate to the board, com- mission or committee. (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 (Kenai Supp. No. 93, 10.08) 34 expenses projected for the year for approval by the City Council. 1.90.030 Qualifications. A member of a board, commission or com- mittee rust 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 offi- cer 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 ap- pointed 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 ex- penses incurred in connection with this ser- vice, only after approval by Council. The Beautification Committee, and Harbor, Library, and Parks and Recreation Commis- sions may at the discretion of the Council have (1.) up to two (2) non - resident members each; or (2) have one (1) member who does not reside in the City but works at least one- half time within the City. (Girds. 1948 -2002, 2320 -2008) (a) (b) 1.90.040 Terms. (a) A member of a board, commission or corn - mittee shall serve for a term of three (3) years, unless the board, commission or com- mittee is specifically exempted by Council from this requirement. At renewal date, the Mayor, with consent of the Council, can re- appoint the member or recommend a re- placement. 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 (b) -16- 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 sub- ject to the paramount authority of the City Council. If the commission, committee or board mem- ber 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 com- mittee, commission or board, regular and spe- cial, held within any period of three (3) con- secutive calendar months, he or she shall thereupon cease to hold the seat. A commis- sion, committee or board member may not have more than three (3) excused absences during a twelve (12) month calendar year. In all matters of parliamentary procedure, Robert's Rules of Order as 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, vot- ing. (d) The responsibility of insuring that all mem- bers of boards, commissions and committees reeeivea.copy. of the Standard..Procednrec of Boards, Commissions and Committees lies with the City Clerk. (Ords. 1610 -94; 2017 -2003; 2050 -2004; 2140- 2006) (b) (c) 34 -1 -17- 1.90.040 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) (Kenai Supp. No. 93, 10.08) Chapter 1.57 LIBRARY COMMISSION Sections: 1.57.010 1 57.020 Duties and powers. Library regulations. 1.57.010 Duties and powers. The Commission shall he required to do the following: (a) Develop, adopt, alter, or revise subject to ap- proval by the City Council, a master plan for the physical development of library facilities for the City; (b) Submit annually to the City Manager and Council a list of recommended capital and other improvements in regards to the library; (c) Make recommendations regarding any matter related to library service; (d) Serve as the liaison between the public and the City Council in regards to library service; (e) Work closely with the Kenai Community Li- brary Board for the betterment of the Kenai Community Library; (f) Shall act in an advisory capacity in the selec- tion of the City Librarian. (Ords. 852, 1161, 1802 -98) 1.57.020 Library regulations. The Library Regulations shall be as Listed under the regulations section in the Kenai Code, Supple- ment #18, adopted on September 20, 1.982, and all future updates. (Ords. 852, 1161, 1802 -98) 21 -18- 1.57.010 (Kenai 5 -21 -9 Chapter 11.10 HARBOR COMMISSION Sections: 11.10.010 Duties and powers. 11.10.010 Duties and powers. (a) The Commission shall be required to do the following: (1) Develop, adopt, alter, or revise, subject to approval by the City Council, a [Waster 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 Commission's recommendations for the development of the City Harbor facilities may include, among other things: (i) development of the type, location, and sequence of all public harbor facilities; (ii) the relocation. removal. extension, or change of use of existing harbor facilities; (2) Submit annually to the City Manager and Council, not less than ninety (90) days prior to the beginning of the budget year, a list of the recommended capital im- provements 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 rec- ommendations 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, con- trol, and development of tide and sub- merged lands. 165 11.10.010 (4) Act in the capacity as directed and autho- rized by a tidelands ordinance adopted by the City. (5) 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 Coun- cil. (6) Make and prepare reports and plans for approval by the City Council. (7) Coordinate public efforts, individual and group, to the effectuation of approved plans. (8) Shall act in advisory capacity in the se- lection of a Harbor Director should such a position be created by the City Council. (Ords. 474, 1161, 1802 -98) -19- (Kenai 5- 21 -99) Chapter 14.05 PLANNING AND ZONING COMMISSION Sections: 14.05.010 14.05.020 Fees. Duties and powers. 14.05.010 Duties and powers. (a) The Commission stall be required to perform the following dudes: (1) Review and act upon requests for vari- ance permits, conditional use permits, planned unit residential development permits, and other matters requiring con- sideration under the Kenai Zoning Code. (2) Interpret the provisions of the Kenai Zoning cede and make determinations when requested by the Adminismative Official. (3) Review the City of Kenai Comprehensive Plan on an annual basis and conduct a minimum of one public hearing. Said recommendations shall be forwarded to the Council for consideration. (4) Promote public interest and understanding of comprehensive planning, platting, zoning, land management, and other issues relating to community planning and development (5) Proposed plans for the rehabilitation or redevelopment of any area or district within the City. (6) Perform historic preservation reviews and duties as set froth in KMC 14.20.105. (b) The Commission shall act in an advisory ca- pacity to the Kenai City Council regarding the following masers: (1) Kenai Zoning Code and Official City of Kenai Zoning Map amendments. (2) City and airport Land lease or sale peti- tions. (3) Capital Improvements Programming. The Commission shall submit annually to the Council a list of recommended capital 14.05.010 improvements which, in the opinion of the Commission. are necessary and desir- able to be constructed during the forth- coming three -year period. Such list shall be arranged in order of preference, with recommendations as to which projects shall be constructed in which year. (c) The Commission shall act in an advisory ca- pacity to the Kenai Peninsula Borough Plan- ning Commission regarding the following mat- ters: (1) Subdivision Plat proposals. (2) Right -of -way and easement vacation petitions. (3) City of Kenai Comprehensive Plan amendments. (KMC 14-3; Ords. 155, 403, 1018, 1161, 1179, 1892 -2000) 233 -20- 14.05.020 Fees. In order to defray the expenses connected with the consideration of applications for variances and conditional use permits, the person presenting the application shall pay to the City Clerk a fee in the amount of one hundred dollars ($100.00). A fee in the amount of one hundred dollars ($100.00) shall accompany an application for amendment to the Kenai Zoning Code or Official Map. Whether an application is granted or denied by the Commission, the petitioner or applicant shall not be entitled to the ream of the fee paid (KMC 14-11; Ords. 403, 954, 1161, 1179) (Kenai 4-7-6t) PARKS A Chapter 19.05 CREATION COMMISSION Sections: 19.05.010 Creation. 19.05.010 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 1161) 19.05.010 Duties and powers. The Commission shall be required to do the following: (a) Develop, adopt, alter, or revise subject to ap- proval by the City Council, a master plan for the physical development of recreation facilities for the City. Such master plan with accompany- ing reaps, plats, charts, descriptive, and explan- atory 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 facili- ties. (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 rec- ommended capital improvements, which in the opinion of the Commission, are necessary or desirable to be constructed during the forth- coming three (3) year period. Such list shall be arranged in order of preference, with recom- mendations as to which projects shall be con- structed in which year. 19.05.010 (c) Make investigations regarding any matter relat- ed to City recreation. (d) Make and prepare reports and plans for approv- al by the City Council. (e) Shall act in advisory capacity in the selection of a Director of Parks and Recreation. (Ords. 416, 1161) 19.05.030 Terms and appointments to vacancies. (Ords. 416, 430, repeale 19.05.040 Qualifications of Commission members. (Ords.416, 619, repealed 1161) 19.05.050 Proceedings of Commission. (Ord. 416, repealed 1161) 353 -21- 21.20.010 Chapter 21.20 AIRPORT COMMISSION Sections: 21.20.010 21.20.020 21.20.030 Duties and powers. Qualifications. Membership. 21.20.010 Duties and powers. The Commission shall: (a) Develop, adopt, alter or revise, subject to approval by the City Council, a roaster plan for the airport development. This may in- clude: (1) Development of type, location and se- quence of all airport terminal facilities; (2) Development and use of all airport aeronautical. lands. Observe, oversee and guide in an advisory capacity, any matters relating to use of air- port runways, airport terminal, and airport aeronautical lands. Act in an advisory capacity to the Council and the Airport Manager. (d) Make recommendations to the City Manager on the airport budget. (Ords. 2180-2006, 2241-2007) (b) (0) 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. (Ords. 1531 -93, 2180 -2006) 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. (Kenai Supp. No. 92 3 -08) (c) (d) (e) One member, with expertise in Federal Aviation Administration functions. One member, representing the Civil Air Pa- trol. Three members, at- large, representing the business and professional community. (1) One non- voting member, representing ad hoc member of the Kenai City Council, (Ords. 1531 -93, 2180 -2006) 382 -8 -22- KENAI CITY COUNCIL POLICY FOR COMMISSION, COMMITTEE, BOARD AND COUNCIL ON AGING MEETINGS AND WORK SESSIONS Commission, Committee Board Reappointment: If, after a term (or consecutive te. u) of appointment has been completed, a commission, committee or board member would like to be reappointed for an additional term, an application must be submitted to council for consideration and approval. Formation of Subcommittees of Commissions, Committees or Boards: A subcommittee of a commission, committee or board may be formed for a specific function if upon review by administration, it is indicated the subcommittee would be a governmental body and a subcommittee of a public entity and if the formation is approved by Council. If a subcommittee is approved by Council, the meetings of the subcommittee must be open to the public; meeting notices shall be posted on the Official City Bulletin Board in Kenai City Hall and on the city website at least five (5) days prior to the meeting; and the meetings may be electronically recorded and the recordings (the official record) stored in the City Clerk's Office. Meeting Schedules: Until further notice, the commission /committee meeting schedule is as follows: Commission /Committee /Board 1 Meeting Schedule Scheduled Meeting Days Planning & Zoning Commission Twice monthly January through December, Second & Fourth Wednesdays Library Commission I Monthly First Tuesday of the month, Council on Aging I Monthly Second Thursday of the month. Beautification Committee Meetings held. January, April, May, September and October Second Tuesday of the month. Parks & Recreation Commission Meetings held August, October, December, February, and April First Thursday of the month. Airport Commission } Monthly Second Thursday of the month. Harbor Commission Monthly First Monday after first council meeting of the month. Advisory Cemetery Committee Monthly Third Thursday of the month. I (Sunsets on December 31, 2010.) 1. Commission, committees and boards, including Library, Parks & Recreation and Airport Commissions and Beautification Committee, shall meet as listed above. 2. Council on Aging shall meet monthly at the Kenai Senior Center. 3. Planning & Zoning Commission and the Personnel Arbitration Board is exempted from this meeting directive. 4, Commissions, committees, boards and the Council on Aging may, with the City Clerk's approval and notification of Council and City Manager, hold special meetings (for a specific purpose) on an as- needed basis. 5. Commission, committee and board meetings may be cancelled by the City Clerk, with notification of Council and City Manager, if cancellation is warranted, i.e. lack of agenda items, pre - knowledge of lack of quorum, etc. -23- KENAI CITY COUNCIL POLICY FOR COMMISSION, COMMITTEE, BOARD AND COUNCIL ON AGING MEETINGS AND WORK SESSIONS PAGE 2 6. All commission, committee and board meetings (except Council on Aging) will be held at Kenai City Hall and begin at 7:00 p.m. Council on Aging meetings will be held at the Kenai Senior Center and begin at 4:30 p.m. Exceptions for subcommittee meetings may be made with advance notice to and approval by the City Clerk. 7. Any additional commissions, committees, or boards formed will be set and incorporated into the following meeting schedule by the City Council. Minutes /Meeting Recording: 8. Excepting the Planning & Zoning Commission and Personnel Arbitration Board, responsibility of taking notes and electronically recording the commission, committee, board meetings, falls to the department liaison (staff member) to the specific meeting group. 9. Summary rninutes will be produced by the City Clerk from the department liaison notes and provided to the City Council as official records of the meetings. 10. Electronic recordings of the meeting group, except the Planning & Zoning Commission, shall be kept for two years. 11. Planning & Zoning Commission meeting recordings shalt continue to be kept for six years. Work Sessions: 12, Commission, committees and boards shall receive the City Clerk's approval to hold work sessions to be held on a date other than that of a regularly scheduled meeting or at a time immediately prior to a regularly scheduled meeting, i.e. a 6:00 p.m. work session before a 7:00 p.m. meeting. 13. Work sessions may not be held without the approval of the City Clerk unless they occur on the night of and at the time of a regularly- scheduled advertised meeting. 14. During work sessions, only items on the work session agenda may be discussed and no formal actions may be taken. 15. All commission, committee and board meetings must be given appropriate public notice. Basic Meeting Information: 16. Rules of Order: Pursuant to KMC 1.15.120(b) and KMC 1.90.050(c), in all matters of parliamentary procedure, Robert's Rules of Order, as revised shall be applicable and govern all meetings, unless as specified in KMC 1.15.060 (motions), KIM 1.15.100 (speaking), and KMC 1.15.110 (voting). 17. Quorum: No meeting may proceed in the absence of a quorum, i.e. a quorum is more than one -half of the board /commission (quorum of the whole). 18. Motion: Pursuant to KMC 1.15.060(k), all motions require a second. A majority of votes is required to pass a motion (three, if a five - member board; four, if a seven- member commission; five, votes if a nine - member board). 19. Speaking: In a meeting, members should be recognized by the Chair before speaking. 20. When is it a Meeting ?: If any public business is discussed collectively by four or a majority of members of one commission, committee, board, or council. EFFECTIVE: This directive shall take effect June 17, 2010 and remain in effect until modified by the Kenai City Council. -24- KENAI CITY COUNCIL POLICY FOR COMMISSION, COMMITTEE, BOARD AND COUNCIL ON AGING MEETINGS AND WORK SESSIONS PAGE 3 Approved by the Kenai City Council on the 16th da of Jam, 2010. ATTEST: , /7 • a v Carol L Frees, City Clerk clf Revised 6/16/2010 -25- BY -LAWS AND RULES OF PROCEDURE FOR COUNCIL ON AGING 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. The mission of the Council on Aging is to advise the Mayor, City Council, Director, and the City of Kenai, of the needs of the elderly in the area, support the programs which enable the continued independence of senior citizens and serve as an advisory committee, whose purpose and make -up will be set forth under Ardcle I, Section 3. The adoption of these by -laws and rules supersedes, replaces, and nullifies any and all previously enacted, utilized, or governing rules or by -laws and further, by adoption of these by -laws and rules, the previously existing Council on Aging is deemed dissolved. Article I MEMBERSHIP The Council shall have a membership of 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 Council shall be chosen in the following manner: 1. Members shall be chosen from among persons who have shown an interest in the areas of the problems of the elderly. 2. The Mayor will appoint members to the Council on Aging subject to confirmation by the City Council. 3. There shall be a nine - member Council on Aging appointed by the Mayor of Kenai. Five (5) members will be chosen from senior citizens who participate in the senior citizen programs sponsored by the City of Kenai. More than one -half of the Council on Aging members shall be participants of City of Kenai sponsored senior citizens' programs. The duties of the Council will be as follows: a. Advise the Director of Senior Cifzen Programs on matters dealing with the budgets for senior programs and programs operated at the Senior Center. BY-LAWS AND RULES OF PROCEDURE FOR COUNCIL ON AGING PAGE -26- b. Forward copies of meeting summaries to the Mayor of the City of Kenai, who, in turn, will forward the report to the City Council. c, To the extent practical, communications, advice, and reports shall be in written form and shall represent a consensus of the committee. Article II ELIGIBILITY A member of the Council shall be an adult person residing in the Kenai Peninsula area, and 51% of which must be sixty (60) years of age or older. No employee of the City of Kenai is eligible for membership. There will be no more than one member her household. Article III MEETINGS Regular meetings shall be held monthly on the second Thursday of the month at the Senior Center. There shall be one annual meeting held in January of each year with fifteen days' notice given to all members of the Council. Special meetings may be called by the chairperson with approval of the Kenai City Clerk and notification of Council and City Manager, Meetings may be cancelled by the City Clerk, with notification of Council 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 Council. 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 majority of the current membership shall constitute a quorum for the transaction of all business. BY -LAWS AND RULES OF PROCEDURE FOR COUNCIL ON AGING PAGE 2 -27- Article VI POWERS OF THE COUNCIL The powers of the Council 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 Council shall be submitted to the City Administrator and shah be subject to approval by the Kenai City Council. Article VII OFFICERS Officers shall be elected for one -year terms at the annual meeting. There shall be a Chairperson and Vice - Chairperson. Officers are limited to two (2) successive terms in the same office. Article VIII TERM OF APPOINTMENT AND ATTENDANCE lviernbers of the Council are appointed by the City of Kenai to serve three (3) years or until termination by: 1. Resignation; 2. Request of Council on Aging; 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, 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 Council 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, the remaining membership may, by majority vote, request the Mayor to appoint the non - active member to the Council on Aging as an honorary member. The honorary member would be a non - voting member. BY -LAWS AND RULES OF PROCEDURE FOR COUNCIL ON AGING PAGE 3 -28- Article X VOLUNTEERS Volunteers wishing to serve upon committees established by the Council on Aging may be appointed by the Council chairperson or his representative to do so without, therefore, becoming members of the Council. Article XI RULES OF MEETLNG All meetings of the Council shall be conducted in accordance with rules of parliamentary practice and, in the absence of other authority, shall be goveme the provisions of Roberts Rules of Order. * r. * * * * * * * * Y At a regular meeting of the Council on Aging, Kenai, Alaska, the amended by -laws and riles of procedures were adopted as the official by -laws and rules of procedure by a majority vote of a quorum of the members present on November 13, 2008. r;Joanra Horner, Chair, Council on Aging Pat Porter, Mayor (Approved by Kenai City Council, November 19, 2008) BY-LAWS AND RULES OF PROCEDURE. FOR COUNCIL ON AGING PAGE 4 -29- "Villa e with a Past, Gc with a FKtare 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 I2 Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014 11111' MF:MO: TO: City Council FROM: Rick Koch DATE: March 10, 2011 SUBJECT: City of Kenai Commissions The purpose of this correspondence is to submit suggestions and /or recommendations to Council regarding structure and operations of the City's Commissions for your consideration. City Code provides for the following Commissions: 1. Library Commission 2. Airport Commission 3. Parks & Recreation Commission 4. Harbor Commission 5. Planning & Zoning There is also a Committee and Council: 1. Beautification Committee 2. Council on Aging As background information I have attached the following: 1. A memorandum from the City Attorney dated August 27, 2003 in response to questions from the Council regarding the powers of the various city commissions and committees. 2. Kenai Municipal Code 1.90, Standard Procedures for Boards Commissions and Committees 3. Kenai Municipal Code 11.10, Harbor Commission 4. Kenai Municipal Code 21.20, Airport Commission 1992 -30- 5. Kenai Municipal Code 1.57, Library Commission 6, Kenai Municipal Code 14.05, Planning and Zoning Commission 7. Kenai Municipal Code 19.05, Parks and Recreation Commission A number of the following suggestions and /or recommendations are generic to all or most of the Commissions. However, as Mr. Graves points out in his memorandum, the Planning and Zoning Commission is somewhat unique, in that it has independent primary authority. The remainder of the Commissions are advisory bodies. The following are lists, by Commission of suggestions and /or recommendations you may wish to consider: Planning & Zoning Commission 1. Eliminate KMC 1.90 and create a stand -alone chapter for each Commission. 2. Attendance Policy— Eliminate KMC 1.90.050 (b) and replace with self executing language such as "If a Commissioner fails to attend fifty - percent (50 %) of meetings in any twelve (12) month period, the Commissioner will have resigned their seat on the Commission. The City Clerk will notify the City Council of the resignation at the next regularly scheduled Council meeting." 3. Capital Improvements Programming — Eliminate KMC 14.05.010(6)(3). This process is accomplished by Administration and Council. Harbor Commission 1. Eliminate KMC 1.90 and create a stand -alone chapter for each Commission. 2. Attendance Policy — Eliminate KMC 1.90.050 (b) and replace with the following, "If a Commissioner fails to attend fifty - percent (50 %) of meetings in any twelve (12) month period, the Commissioner will have resigned their seat on the Commission. The City Clerk will notify the City Council of the resignation at the next regularly scheduled Council meeting." 3. Master Plan — Eliminate KMC 11.10.010(a)(1) and replace with the following, "Develop, adopt, alter, or revise a plan identifying goals and objectives for a three year period. This plan should be adopted prior to December 31" of each year and submitted to Council and the City Administration." 4. Capital Improvements —Amend KMC 11.10.010(a)(2) by removing "...not less than ninety (90) days prior to the beginning of the budget year" and replace with ... "prior to December 31s` of each year ". 5. Harbor Director— Eliminate KMC 11,10.010(a)(8) in its entirety. 6. Meeting Schedule —Add "The Harbor Commission shall schedule quarterly regular meetings, special meetings may be called to address specific issues as required." 7. Creation — Harbor Commission reduced from seven (7) members to five (5) members. (Move from KMC1.90 to KMC 11.10) -31- 8. Consider combining Harbor Commission with Parks & Recreation Commission. 9. Title — Amend title of KMC 21.20 to "Harbor Advisory Commission." Airport Commission 1. Eliminate KMC 1.90 and create a stand -alone chapter for each Commission. 2. Attendance Policy — Eliminate KMC 1.90.050 (b) and replace with the following, "If a Commissioner fails to attend fifty - percent (50 %) of meetings in any twelve (12) month period, the Commissioner will have resigned their seat on the Commission. The City Clerk will notify the City Council of the resignation at the next regularly scheduled Council meeting." 3. Master Plan — Eliminate KMC 21.20.010(a) and replace with the following, "Develop, adopt, alter, or revise a plan identifying goals and objectives for a three year period. This plan should be adopted prior to December 31s` of each year and submitted W Council and the City Administration." 4. Meeting Schedule — Add "The Airport Commission shall schedule quarterly regular meetings, special meetings may be called to address specific issues as required." 5. Title — Amend title of KMC 21.20 to "Airport Advisory Commission." Library Commission 1. Eliminate KMC 1.90 and create a stand -alone chapter for each Commission. 2. Attendance Policy — Eliminate KMC 1.90.050 (b) and replace with the following, "If a Commissioner fails to attend fifty - percent (50 %) of meetings in any twelve (12) month period, the Commissioner will have resigned their seat on the Commission. The City Clerk will notify the City Council of the resignation at the next regularly scheduled Council meeting." 3. Master Plan — Eliminate KMC 1.57.010(a) and replace with the following, "Develop, adopt, alter, or revise a plan identifying goals and objectives for a three year period. This plan should be adopted prior to December 31" of each year and submitted to Council and the City Administration." 4. Capital Improvements —Add to KMC 1.57.010(b) "...not less than ninety (90) days prior to the beginning of the budget year;" 5, Meeting Schedule — Add "The Library Commission shall schedule quarterly regular meetings, special meetings may be called to address specific issues as required." 6, Title — Amend title of KMC 1.57 to "Library Advisory Commission." 7. Creation — Library Commission reduced from seven (7) members to five (5) members. Parks and Recreation Commission 1, Eliminate KMC 1.90 and create a stand -alone chapter for each Commission. 2. Attendance Policy — Eliminate KMC 1.90.050 (b) and replace with the following, "If a -32- Commissioner fails to attend fifty- percent (50 %) of meetings in any twelve (12) month period, the Commissioner will have resigned their seat on the Commission. The City Clerk will notify the City Council of the resignation at the next regularly scheduled Council meeting." 3. Master Plan — Eliminate KMC 19.05.010(a) and replace with the following, "Develop, adopt, alter, or revise a plan identifying goals and objectives for a three year period. This plan should be adopted prior to December 31" of each year and submitted to Council and the City Administration." 4. Capital Improvements — Add to KMC 19.05.010(b) "...not less than ninety (90) days prior to the beginning of the budget year ;" 5. Duties — Eliminate KMC 19.05.010(e). 6. Meeting Schedule —The Parks & Recreation Commission shall schedule quarterly regular meetings, special meetings may be called to address specific issues as required. 7. Title — Parks & Recreation Advisory Commission 8. Creation — Parks & Recreation Commission reduced from seven (7) members to five (5) members. 9. Consider combining Parks & Recreation Commission with Harbor Commission. Beautification Committee 1. Create stand -alone Beautification Commission. 2. Eliminate KMC 1.90 and create a stand -alone chapter for each Commission. 3. Attendance Policy — Eliminate KMC 1.90.050 (b) and replace with the following, "If a Commissioner fails to attend fifty- percent (50 %) of meetings in any twelve (12) month period, the Commissioner will have resigned their seat on the Commission. The City Clerk will notify the City Council of the resignation at the next regularly scheduled Council meeting." 4. Capital Improvements — Add a section for a CIP plan requiring submittal to Council and Administration prior to December 31" of each year. 5. Duties — Include, "Develop, adopt, alter, or revise 2 plan identifying goals and objectives for a three year period. This plan should be adopted prior to December 31" of each year and submitted to Council and the City Administration." 6. Meeting Schedule —The Beautification Commission shall hold quarterly regular meetings, special meetings may be called to address specific issues as required. 7. Title — Beautification Advisory Commission 8. Creation — Beautification Committee (Commission) reduced from seven (7) members to five (5) members. Council on Aging No Suggested Changes -33- The City code as it presently exists is often confusing when attempting to determine the "rules of the road" that apply to the Commissions. KMC 1.90 applies to all Boards, Commissions, and Committees, unless specific information is contained elsewhere in the code. It would be nice to have the code as it applies to a specific commission all in one place. -34- MEMO NDL M CITY OF KENA 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611.7794 TELEPHONE 907 -283 -7535 FAX 907-283-3014 TO: Commission and Committee Members FROM:6g Cary R. Graves, City Attorney DATE: August 27, 2003 RE: Commission and Committee Powers The Council asked me to write a memorandum regarding the powers of the various city commissions and committees (hereinafter "commissions "). KMC 1.90 outlines the standard procedures for them. The general procedures apply unless there are specific code sections regarding the commission or committee that specify otherwise. KMC 1.90.020(a) states that commissions and committees "shall act in an advisory capacity to department heads within the City Administration." (Emphasis added.) KMC 1.90.050 states, "All acts of boards, commissions and committees are subject to the paramount authority of the City Council." The impetus behind this memorandum was a move by a Commission Chair to independently go out for and craft a request for proposals for management of a city facility. in that case, it appeared the Commission Chair intended for the commission to bypass the City Council and Manager and do its own process for the selection of management of the facility. Such a process clearly exceeded the scope of the intended powers of a commission. Of the various commissions, the one with primary independent authority is the Planning and Zoning Commission. That commission has independent authority under AS 29.40 and KMC 14.05.010 for the determination of various zoning issues such as granting of variances or conditional use permits. Those decisions, however, are still subject to appeal to the City Council acting as the Board of Adjustment and then the Superior Court. In other areas, that commission . acts only in an advisory capacity to the city and borough. The other commissions act almost exclusively as advisory bodies. They, subject to council approval, adopt master plans for the physical development of facilities and some of them (e.g. Library, and Parks and Recreation) also make advisory recommendations as to hiring of a department head. The duties of the various commissions are in the code as follows: 1) Planning and Zoning —KMC 14.05.010; 2) Harbor —KMC 11.10.010; 3) Library —KMC 1.57.010; 4) -35- 1992 Commission and Co, mit °' .Members August 27. 2003 Page 2 of 2 Parks and Recreation —KMC 19.05.010; 5) Airport—KMC 21.25.010; 6) Beautification — KMC 1.90.020 and 7) Council on Aging —KMC 1.90.020 and Article VI of its Bylaws. Copies of the various code sections are attached for your review. Please feel free to let me know if you have any questions. CRG /sp Attachments cc: Linda L. Snow, City Manager -36- 1.90.010 Chapter 1.90 STANDARD PROCEDURES FOR BOARDS, COMMISSIONS AND COMMITTEES Sections; 1.90.010 1.90.020 1.90.030 1.90.040 1.90.050 1.90.060 Creation. Duties. Qualifications. Terms. Proceedings. Specific requirements of boards, commissions and committees. 1.90.010 Creation. All boards, commissions and committees cre- ated by the Council of the City of Kenai, shall con- sist 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 chairman and vice - chairman shall be selected an- nually and shall be elected from and by the ap- pointed members. The Mayor and one Council Member elected by the Council as ex- officio mem- bers and as consultants of any board, commission or committee, may attend all meetings, but shall have no voting power on the board, commission or committee. A member of Council or City adminis- trative staff shall attend all meetings of boards, commissions and committees and supply staff sup- port. 1.90.020 Duties. (a) Members of boards, commissions and com- mittees shall be required to establish policies relating to their respective organization. They shall act in an advisory capacity to depart- ment heads within the City Administration if there are such departments in the City organi- zation that directly relate to the board, com- mission or committee. 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 (b) (Kenai Supp. No. 93, 10-08) expenses projected for the year for approval by the City Council. 1.90.030 Qualifications. (a) A member of a board, commission or com- mittee 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 offi- cer 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 ap- pointed 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 ex- penses incurred in connection with this ser- vice, only after approval by Council. The Beautification Committee, and Harbor, Library, and Parks and Recreation Commis- sions may at the discretion of the Council have (1) up to two (2) non - resident members each; or (2) have one (I) member who does not reside in the City but works at least one - half time within the City. (Ords. 1948-2002, 2320-2008) 34 (b) 1.90.040 Terms. (a) A member of a board, commission or com- mittee shall serve for a term of three (3) years, unless the board, commission or com- mittee is specifically exempted by Council from this requirement. At renewal date, the Mayor, with consent of the Council, can re- appoint the member or recommend a re- placement. 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 (b) -37- Chapter 11.10 HARBOR COMMISSION Sections: 11.10.010 Duties and powers. 11.10.010 Duties and powers. (a) The 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 Commission's recommendations for the development of the City Harbor facilities may include, among other things: (i) development of the type, location, and sequence of all public harbor facilities; (ii) the relocation, removal, extension, or change of use of existing harbor facilities; (2) Submit annually to the City Manager and Council, not less than ninety (90) days prior to the beginning of the budget year, a list of the recommended capital im- provements 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 rec- ommendations 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, con- trol, and development of tide and sub- merged lands. 165 11.10.010 (4) Act in the capacity as directed and autho- rized by a tidelands ordinance adopted by the City. (5) 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 Coun- cil. (6) Make and prepare reports and plans for approval by the City Council. (7) Coordinate public efforts, individual and group, to the effectuation of approved plans. (8) Shall act in advisory capacity in the se- lection of a Harbor Director should such a position be created by the City Council. (Ords. 474, 1161, 1802 -98) -38- (Kenai s- 22.99) 21.20.010 Chapter 21.20 AIRPORT COMMISSION Sections: 21.20.010 21.20.020 21. 20.030 Duties and powers. Qualifications. Membership. 21.20.010 Duties and powers. The Commission shall: Develop, adopt, alter or revise, subject to approval by the City Council, a master plan for the airport development. This may in- clude: (1.) Development of type, location and se- quence of all airport terminal facilities; (2) Development and use of all airport aeronautical lands. Observe, oversee and guide in an advisory capacity, any matters relating to use of air- port runways, airport terminal, and airport aeronautical lands. Act in an advisory capacity to the Council and the Airport Manager (d) Make recommendations to the City Manager on the airport budget. (Ords. 2180-2006, 2241-2007) (a) (b) (c) 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. (Ords. 1531 -93, 2180 -2006) 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. (Kenai Supp. No. 92, 3.08) (c) One member, with expertise in Federal Aviation Administration functions. (d) One member, representing the Civil. Air Pa- trol. Three members, at- large, representing the business and professional community. One non- voting member, representing ad hoc member of the Kenai City Council. (Ords. 1531-93, 2180-2006) (e) (f) 382 -8 -39- Chapter 137 Sections: 1317.0110 137.020 v COMMISSBON Duties and porters, Library regulations, 11.57.010 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 library facilities for the City; (h) Submit annually to the City Manager and Council a list of recommended capital and other improvements in regards to the library; (c) Make recommendations regarding any matter related to library service; (d) Serve as the liaison between the public and the City Council in regards to Library service; (e) Work closely with the Friends of the Kenai Community Library for the betterment of the Kenai Community Library; (f) Shall act in an advisory capacity in the selection of the Library Director. (Ords. 852, 1161, 1802-98, 2184 - 2006) 11,57.020 Library regulations, The Library Regulations shall be as listed under the regulations section in the Kenai Code, Supplement No. 18, adopted on September 20, 1982, and all future updates. (Ords. 852, 1161, 1802-98, 2184 - 2006) 21 -40- 1.57.010 (Kenfu Stipp . No 89, 12 -06) Chapter 14.05 PLANNING AND ZONING CITY SSION Sections: 14.05.01.0 14.05.020 Fees. Duties and powers. 14.05.010 Deities and powers. (a) The Commission shall be required to per - form the following duties: (I) Review and act upon requests for vari- ance permits, conditional use permits, planned unit residential development permits, and other natters requiring consideration under the Kenai Zoning Cod.e. (2) interpret the provisions of the Kenai Zoning code and make determinations when requested by the Administrative Official. Review the City of Kenai Comprehen- sive Plan on an annual basis and con- duct a minimum of one (1) public hear- ing. Said recommendations shall be forwarded to the Council for consid- eration. (4) Promote public interest and under- standing of comprehensive planning, platting, zoning, land management, and other issues relating to community planning and development. Proposed plans for the rehabilitation or redevelopment of any area or district within the City. (6) Perform 'h'istoric preservation reviews and duties as set froth in KMC 14.20.105. (b) The Commission shall act in an advisory capacity to the Kenai City Council. regarding the following matters: (1) Kenai Zoning Cod.e and Official City of Kenai Zoning Map amendments. (2) City and airport land lease or sale peti- tions. (3) (5) 233 -41- (c) (3) 14.05910 Capital Improvements Programming. The Commission shall submit annually to the. Council a list of recommended capital improvements which, in the opinion of the Commission, are neces- sary and desirable to be constructed during the forthcoming three -year pe- riod. Such list shall be arranged in or- der of preference, with recommenda- tions as to which projects shall be con- structed in which year. The Commission shall act in an advisory capacity to the Kenai Peninsula Borough Planning Commission regarding the follow- ing matters: (1) Subdivision. Plat proposals. (2) Right -of -way and easement vacation petitions. City of Kenai Comprehensive Plan amendments. (d) Members of the Planning and Zoning Com- mission shall be compensated at the rate of one hundred dollars ($100.00) per month. (KMC 14 -3; Ords. 155, 403, 1018, 1161, 1179, 1892 -2000, 2312 -2008) (3) 14.05.020 Fees. In order to defray the expenses connected with the consideration of applications for vari- ances and conditional use permits, the person pre- senting the application shall pay to the City Clerk a fee in the amount of one hundred dollars ($100.00). A fee in the amotmt of one hundred dollars ($100.00) shall accompany an application for amendment to the Kenai Zoning Code or Offi- cial Map. Whether an application is granted or denied by the Commission, the petitioner or ap- plicant shall not be entitled to the return of the fee paid. (KMC 14 -11; Ords. 403, 954, 1161, 1179) (Beim anpp. No. 9 1, 10 -05) Chapter 19.05 PARKS AND REC N € Cr.Ti ON COMMISSION Sections: 19.O5.O10 Creation. 19.O5.O10 Duties and powers. mosof1 " ferns and appointments to vacandes. Il90 ®S,O8I l>na l-u -cations of Commission members, 19.OSSS0 Proceedings of e,'csmua°dssaon. 19.05.01O Creation, (O1rd. 416, repealed 1161) 19.05.O10 Duties and powers. The Commission shall be required so do the following: (a) Develop, adopt, alter, or revise subject to ap- proval by the City Council, a master plan for the physical development of recreation facilities for the City. Such master plan with accompany- ing maps, plats, charts, descriptive, and explan- atory matter, shall show the Commission's recommendations for the development of the City's recreation facility may include, among other things: (I) 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 facili- ties. (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 rec- ommended capital improvements, which in the opinion of the Commission, are necessary or desirable to be constructed during the forth- coming three (3) year period. Such list shall be arranged in order of preference, with recom- mendations as to which projects shall be con- structed in which year. 19.05.010 (c) Make investigations regarding any matter relat- ed to City recreation. (d) Make and prepare reports and plans for approv- al by the City Council. (e) Shall act in advisory capacity in the selection of a Director of Parks and Recreation. (Ards. 416, 1161) 19.O5.030 Terms and appointments to vacancies. (Ords. 416, 430, repealed 1161) 19.05.040 Qualifications` of Commission members, (Ords. 416, 619, repealed 1161) 19.05.050 Proceer.ungs of Cwnnbsion, (Ord. 416, aled 1161) 353 -42- KENAI CITY COUNCIL MEETING MINUTES JANUARY 19, 2011 PAGE 6 Council Member Marquis MOVED to approve the purchase orders exceeding S 15,000 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -3. Ordinance No. 2527-2011 -- Amending the Kenai Municipal Code, Chapter 14.05, Planning and Zoning Commission, to Add a New Section 14.05.015 Entitled "Appointment to Planning and Zoning Commission" Requiring Public Advertisement and Notice of Vacancies on the Commission, Permitting Any Member of the Council to Nominate a Person for Appointment to the Commission, and Defining the Term of Office. MOTION TO INTRODUCE: Council Member Moore MOVED for introduction of Ordinance No. 2527 -2011 and Council Member Marquis SECONDED the motion. The floor was opened to public hearing. Mark Schrag, 312 Princess Lane, Kenai -- Schrag spoke in support of the ordinance, noting the mayoral position was ceremonial; thought the ordinance would reflect better of the City; would allow people to be aware of vacancies; people do not apply if they feel they will not be appointed because of differences of political opinions; and, believed Mr. Brookman should still be considered for appointment to the Planning & Zoning Commission. John Williams, 306 Candlelight Drive, Kenai -- Williams noted portions of Code and Charter; stated the Mayor nominates and the Council confirms appointments; stated concern with regard to the severability clause; and, suggested the ordinance be set aside and the current process continue with Council taking an active role in finding candidates to forward to the Mayor for consideration. Tim Navarre, 608 Ponderosa, Kenai -- Suggested not introducing the ordinance; believed it appeared there was a division on the Council with regard to the outcome of the past election; believed the direction of the ordinance would unfairly pull applicants into appointment discussions; did not feel there was a public recommendation, as stated in the ordinance, to change the process; opposed the severability clause; felt the ordinance would alienate the community; and, suggested a work session be held on the ordinance. There being no one else wishing to speak, the public hearing was closed. KENAI CITY COUNCIL MEETING MINUTES JANUARY 19, 2011 PAGE 7 Council comments included: • Intentions to request a work session after the public hearing on the ordinance. • The ordinance was not about creating division, but to make the process more public through advertising vacancies, and to include the process in the Code for consistency; and, the process would allow nominations for appointments to come from any Council Member, including the Mayor. • The ordinance would also allow a Commissioner to continue holding the seat until a replacement is made. • Suggestion and support expressed to vote the ordinance down and hold a work session on the issue. • To make changes to the Charter, a vote of the people would be required; Robert's Rules allowed introduction of an ordinance at a later date, even if the introduction failed; and, the severability clause was already in the Code. • Concern expressed timing was bad to bring the ordinance forward at this time, but would support the introduction of the ordinance with a work session. VOTE ON INTRODUCTION: *Student Representative Coffman: No Moore No Gabriel No Bookey No Marquis No Molloy No Boyle Absent Porter No MOTION FAILED UNANIMOUSLY. BREAK TAKEN: 8:01 P.M. BACK TO ORDER: 8:12 P.M. G -4. *Ordinance No. 2528 -2011 -- Amending the Kenai Municipal Code to Make Comprehensive Changes to All Rates, Charges, and Fees Imposed by the City in Kenai Municipal Code Titles 3, Animal Control; 4, Uniform Codes; 5, Business and Occupations; 11, Harbor and Harbor Facilities; 14, Planning and Zoning; 15, Private Property; 18, Streets and Sidewalks; 20, Transportation; 21, City Airport and Airport Lands; and 22, General Fund Lands, and to Include Rates, Charges, and Fees in a Fee Schedule Authorized Under KMC 7.15.100 Rather Than in a Code Ordinance, and Making Technical Changes and Corrections. Introduced by approval of the consent agenda. G -5. *Ordinance No. 2529 -2011 -- Amending Chapter 7.30 of the Kenai Municipal Code, "Airport Land Sale Permanent Fund," to Rename the Chapter as "Land Sales Permanent Funds" in Order to Establish Investment Guidelines for Sale Proceeds From the Sale of City - Owned, KENAI CITY COUNCIL MEETING FEBRUARY 2, 2011 PAGE 13 I Molloy Moore No Yes oyle No Porter Yes MOTION PASSED. H -10. Discussion /Action -- Schedule Work Session. /Possible Amendments to Commission and Committee Appointments and Public Notification of Vacancies on Commissions and Committees. Council Member Bookey reported he requested a work session be scheduled in response to discussion held at its January 19 meeting related to Ordinance No. 2527- 2011 (failed introduction.) and suggested a mid -March date. City Manager Koch reported he, City Clerk Freas and City Attorney Stearns had discussed several issues with regard to review in a work session, i.e. frequency of meetings, duties and responsibilities, attendance policy, excused absences, public notice of vacancies and nomination for appointments. Koch suggested Council direct him, Freas and Stearns to put together the issues needing addressed and a timeline in which Council would like the information provided and then set a work session. Council comments included: • These were not new issues, agreed discussing them would be a good idea, and suggested Council employees prepare a plan to discuss at a Council meeting. • Belief the ordinance and the issues mentioned could be combined and discussed in a work session (or more work sessions). Support for a work session to be held in mid - March. • Suggestion the employees draft a proposal to present to Council to discuss at a work session and receive feedback from Council. • Council may have suggestions and ideas to propose and /or include. Council directed Koch, Freas and Stearns prepare information and include it in the March 16, 2011 Council meeting packet as an information item. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging -- Council Member Boyle reported the next meeting would be held February 10, 2011 and added, the Center's Volunteer Appreciation Dinner was very successful. H -2. Airport Commission -- Council Member Marquis reported the next meeting would be held February 10, 2011. Mayor Porter noted, Henry Knackstedt would continue on the Airport Commission, along with his recent appointment to the Planning & Zoning Commission. Tiem "Vttaye with a Past, Ci y with a future MEMO. 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014 TO: Mayor Porter and City Councilors FROM: Carol Freas, City CIerK Krista S. Stearns, City Attorney "ATE: March 10, 2011 SUBJECT: Amendment to City Code Regarding Boards, Col Commissions ees and Wlantrifflitcallv '�11►1 1992 INTRODUCTION The Council has requested input from the City's Clerk, Manager and Attorney regarding possible changes to the City Code to aid in the administration and function of the City's various boards, committees, and commissions (hereafter generally referred to as "committees"). What follows is a synopsis of some of the major problems and ch.alienges in the function of the committees identified by either members of the Council and. through administration of the committees by the City Clerk, along with a list of possible suggestions or ideas for addressing these problems. We have tried to keep everything on the table while providing a framework for further discussion, keeping in mind the Council's preference that more discussion was merited before specific Code revisions were proposed. For your ease of reference, we have attached a. copy of the following': • KMC L90 Standard Procedures for Boards, Commissions and Committees • KMC 1.57 Library Commission • KMC 11.10 Harbor Commission • KMC 14.05 Planning and Zoning Commission • KMC 19.05 Parks and Recreation Commission • KMC 21.20 Airport Commission .Because of the highly unique function and nature of operation of the personnel Arbitration Panel, it is not discussed herein. Amendment to City Code /Boards, Committees and Commissions Memorandum March 10, 2011 Page 2 of 10 • Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions • Bylaws, Council on Aging Please keep in mind that this memorandum represents a beginning point. The following lists and ideas are not necessarily comprehensive; they reflect some initial thinking on the matter to help guide a more productive future work session and discussion by the Council and the public. Also. as you review this memorandum, be mindful that many of these items are interconnected. For example, some committees routinely have trouble establishing a quorum. This may be addressed by lowering the number of committee members or changing the frequency of meetings or both. There is no straight path forward in this process. PROBLEMS /CHALLENGES IN COMMITTEE FUNCTION • Absences. What is an excused/unexcused absence? Is retaining that distinction valuable? Flow should. a committee handle absences? Should the committee handle absences, or should that fall to the Clerk (with specific direction) or the Council? Do a certain number of absences require removal from the committee? if so, who makes that determination? • Problems Attaining a Quorum. Are there too many committee members? What notice should a committee member provide if they cannot attend and does that affect if an absence is excused or unexcused? Should the frequency of meetings he changed? • Recruitment and Retention of Committee Members. Does the City have too any committees? Would reduction of the number of committees help in recruitment by avoiding fatigue of volunteers? How should notice of vacancies be provided? Should that notice differ depending upon the committee? • Resources. Work and other resources (paper) could be saved if there was advance notice that there would he no quorum and a meeting can be cancelled. Should a meeting be cancelled on short notice if there is no quorum? If yes, upon how short of notice (public impacts /inconvenience) ? Should packets be circulated only electronically? To what extent should these practices be set out in Code or policy or left to discretion of the Clerk and administration? Amendment to City Code /Boards, Committees and Commissions Memorandum March 10, 2011 Page 3 of 10 ae Overlapping and /or Obsolete Functions.' Some committee functions may be unnecessarily duplicative. Some committee functions may no longer be relevant today or the duties are poorly defined. Should duties of some committees be changed? Should functions be added or deleted or better described? Should committees be combined? Are there committees that should be eliminated or re- named? Should some functions be assigned to subcommittees'? • There is no authorization for the formation or conduct of a Beautification Committee, yet this committee has met regularly and currently acts as an independent committee. Likewise, there is no specific mention of the Council on Aging in the Code. The Council on Aging operates under bylaws which have been adopted by the City Council. The bylaws require only an annual meeting in January, although the Council meets more frequently.' MEETING INFORMATION The City of Kenai has seven (7) hoards, commissions, and committees. The meeting schedule for each committee is not established in Code. Instead, the meeting schedules are established in the Kenai City Council Policy for Cbrnmission, Committee, Board and Council on Aging Meetings and Work Sessions. The meetings are as follows: Commission/Committee/Board Meeting Schedule I Bi- monthly Scheduled Meeting Days January through .December, Second & Fourth Wednesdays Planning & Zoning Commission Library Commission Monthly First Tuesday of month. Second Thursday of month. Council on Aging I Monthly Beautification Committee l Meets January, April, May, September and October Second Tuesday of the month. This issue is not addressed in this memorandum except to identify it as a potential issue or problem. The City Clerk. oversees the procedural aspects of the function of committees such as arranging for notice, compiling and publishing (most) agendas and packets, and attendance. Although we anticipated that Mr. Koch would provide input to this memorandum for a joint presentation to the Council, w we did not receive that input for the packet deadline. Again, we make no recommendation in this respect other than to establish both committees in. Code if they are to remain standing committees of the City. Amendment to City Code/Boards, Committees and Commissions Memorandum March 10, 2011 Page 4 of 11 Parks & Recreation Commission Airport Commission Harbor Commission Meets August, October, First Thursday of month. December, February and April Monthly Second Thursday of month. Monthly First Monday after first council meeting of month. The meeting schedule for the various committees has changed over the years; hut, the one constant is that meetings have been held at City Hall and at 7:00 p.m. Prior City Councils have felt very strongly that the meeting place and time for City committees be consistent to enhance convenience to the public. Also. hecause meetings are recorded, City Hall is the best location for meetings hecause other locations are not properly set up to provide adequate, reliable recording. The single exception to this process is the Council on Aging that meets at the Senior Center. In 2010, the following meetings were held: Commission /Committee /Board S Scheduled j j Meetings Held /Cancelled /No Planning & Zoning Commission 2 Library Commission 1 12 N Nine meetings held; one cancelled; two no quorum Council on Aging 1 12 E Eight meetings held; four meetings cancelled (no business) Beautification Committee Five Five meetings held Parks & Recreation Commission 7 7 F Five meetings held; two meetings no quorum Airport Commission 1 12 N Nine meetings held; three meetings cancelled SOLUTIONS /PROPOSALS /IDEAS As identified above, there is no clear path to resolving issues identified above. We offer the following as ideas for further consideration. Amendment to City Code /Boards, Committees and Commissions Memorandum March 10, 2011 Page 5 of 10 Reducing the Number of Committee Members The City's committees generally have seven members. Four members must he present to establish a quorum in order to hold a meeting. The exception is the Council on Aging which has nine members and, accordingly, five members in attendance establish a quorum. By reducing the number of committee members (for all or some committees), the Council addresses two issues — recruitment and quorum. With respect to recruitment, Council Members and the Mayor have raised concerns about the ability to find and retain volunteers for City committees. By reducing the number of committee members required, fewer volunteers are needed. It may also reduce volunteer fatigue which may occur if a person takes on additional duties simply to till a vacancy. Research conducted by the Clerk reflects several communities within the State that have standing committees of only five members. In other words, this is not a novel approach. Moreover, because of the advisory duties of these committees, reducing the number of members is not expected to shift additional burdens to the members of the smaller committees. In short, it should not increase the work for the remaining members. Of course, a smaller committee means less breadth of ideas and input from the public members. With respect to quorum, this proposal is a bit of a wash. By reducing the committee from seven to five members, the number of establishing the quorum is reduced by one member. However, the committee will have two fewer members from. which to draw that quorum. With seven members a quorum requires 57 percent attendance (4 persons). With five members, a quorum requires 60 percent attendance (3 persons). Reduction of the membership of some committees would probably not be practicable. For example, with respect to the Airport Commission, the methodology of selection of committee members is to draw from different interest and user groups. By Code, the Airport Commission draws its membership from specific groups including fixed base operator lessees, terminal lessees, FAA personnel, Civil Air Patrol., at -large members, etcetera. Reduction of the number of members on the Council on Aging would require an amendment to its Bylaws. Interestingly, in an attempt (in part) to address quorum issues formerly experienced by the Council on Aging, the Council amended its Bylaws to raise the membership from seven and to nine (where 5 would be a quorum, requiring 55 percent attendance to establish a quorum). Amendment to City CodeBoards, Committees and Commissions Memorandum March 10, 2011 Page 6 of 10 Reduce the Number of Meetings Required This idea addresses several issues, some directly, some indirectly -- cancelled meetings, resource uses, and recruitment. With fewer meetings, fewer resources are consumed in terms of the Clerk's office human and physical resources. The Clerk's office would have to prepare fewer meeting packets (paper and electronic) and issue fewer public notices. This also reduces the responsibilities for the department heads that must attend the meetings and work with the Clerk to establish an agenda of items to discuss. Fewer meetings would also help reduce the number of cancelled m.eetin.gs due to lack of business. This also reduces resource demands upon the City Clerk's office and time demands upon the department head who oversees the meeting. Reducing the number of cancelled meetings would also avoid frustration of members of the public who might count on a meeting being held only to find later that it was cancelled. It is difficult for ordinary citizens to follow all notices of meetings and cancellations. By holding fewer meetings, the time demand on volunteers is reduced. Also, their participation in meetings with more "meat " on the agenda night be more fulfilling. The Council could consider whether this might help recruitment as the duties of the members would he Iighten.ed. somewhat. Finally, if the Council reconsiders the schedule of regular meetings, it should keep in mind the substantive duties of each committee. Meetings should be established, at a minimum, so they can be held a meaningful time to make recommendation to the committee's capital improvement list and hudget preparation input (these recommendations from committees are gathered in October through December). Some committees have duties or interests that are primarily seasonal. So, a system of meetings for those committees might include more regular meetings in the spring and summer, for instance, but fewer or no meetings in the winter. Appoint an Alternate to Each Committee This suggestion would address quorum issues. The alternate would 'fill a seat for a member who may be absent at a given meeting. This idea would help to address the occasional problem that committees have in attaining a quorum and it has been tried in other communities. Most notably, the City of Soldotna once had an alternate system. When the Clerk contacted the City of Soldotna about that process, the Soldotna City Clerk reported that the system allowing for appointment of alternates was eventually amended to delete that process because it was found to be problematic for the alternate. The system effectively required the alternate to attend all meetings, just in case. The Amendment to City Code/Boards, Committees and Commissions Memorandum March 10, 2011 Page 7 of 10 sense was it became unfair to the alternate and it was probably not a very gra public service experience for that person. Eliminate /Change Process for Absences r One long-standing problem is what the City does, if anything, regarding committee members who do not participate actively once appointed to a position. This creates problems in establishing quorums and cancellation of meetings. In Chapter 1.90 of the Code, the general process of the committees is established. Addressing committee process most generally, there is a fairly confused process for dealing with absences. The process asks the committees to excuse a member for `good cause," a concept which is not defined and uses a time period of 3 consecutive calendar months from which to determine if absences not excused for "good cause" require disqualification. KMC 1.90.050 (b) reads: (b) If the commission, committee or board member shall he 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 hoard, 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. This process is not working. As best as we can determine, it is not being used. Committee members are reluctant to disqualify a person from membership. It is a mentally difficult thing to do. There is no direction how to determine' `good cause." The frequency of meetings of some committees renders a 3- absence- in -12 -month standard a bit ridiculous since some committees do not meet very frequently. A committee member could effectively miss a substantial majority of meetings but still not be subject to removal. The current standard in the Code also provides tittle guidance how one considers an absence where a meeting is cancelled, such as because the meeting is cancelled because members notify the Clerk that they will not be in attendance and the lack of a quorum is known in advance. And, there is no indication about who makes the decision or how inforntation is delivered to the committee member that they shall no longer be on the committee. The result is that some committees have been hampered from establishing quorums because a committee member may habitually not be in attendance and nothing is or can comfortably be done about it. This results in more cancelled meetings and less breadth of Amendment to City Code /Boards, Committees and Commissions Memorandum March 10, 2011 Page 8 of 10 participation in general. Whatever process is selected to address this issue, the Code needs to be amended to set forth a clear path of action from setting the attendance standard to instruct the Clerk about actions to take, to when and how the issue is presented to Council. Here are several ideas or approaches to dealing with the attendance issue. • Eliminate the distinction between excused and unexcused absences. Allow a certain number of absences and do not distinguish about reasons why a person is absent. If a member is absent more than allowed, a process would be established to notify the member that he or she is no longer on the committee or to begin a process for their removal. at the discretion of the Mayor and /or Council. • A member forfeits membership on the committee if absent from three (or another number of) consecutive, duly - noticed meetings. The position then automatically becomes vacant or some other process is used to notify. the member about their service. For example, the member could then he removed by notice from the Mayor with or without the approval of the Council or the member could be removed by a majority vote of the Council. • A member may have an excused absence for good cause. What constitutes "good cause" shall be in the reasonable discretion. of the committee. The member seeking to he excused may not vote on the "a.bsenee for good cause" question. • A. request to be excused must be submitted to the City Clerk, committee staff representative, and/or committee chair at a time certain prior to the next meeting's agenda preparation. A standard is created to guide who determines if the absence is excused and what is an excused or "good cause" absence. • Provide better direction to committee members about their duties and notice obligations in the Code by spelling out the expectations more clearly. Whatever occurs, a process for removal should be better established. Removal. could then be done by one several ways. The Clerk would prefer not to be the decision maker, but if that is the preference of the Council, the Code should be amended. to provide clear, non - discretionary direction for the process. One assumes that such a process would include a notification letter to the (former) committee member with some 'follow up notice by the Clerk to the Council. A similar process could be set up for an automatic notice issued by the Mayor instead of by the Clerk, again with follow up notice to the Council.. Amendment to City Code/Boards, Committees and Commissions Memorandum March 10, 2011 Page 9 of 10 Alternatively, the fact that a committee member has hit the absence threshold could instead be presented to the Council as a body for further action. The Clerk could inform the Council who could then be given discretion to terminate the person's service and declare a vacancy. The Mayor could present the matter to the Council, announcing his or her intent, and seek ratification by the Council, much how appointments are currently handled. The matter could simply be listed. as a discussion item on the Agenda and removal could be discussed and approved by a majority vote of the Council. As always, different processes could be considered for different committees. Amend Advertisement Process Several Council Members have expressed. a concern about how the City recruits for members of committees. Some have suggested that notice of vacancies on committees could he advertised in the local paper, at least for the Planning & Zoning Commission. The Mayor works very hard to keep channels of communication open with members of the public to fulfill her duties of appointment, and it is not easy to find volunteers. Accordingly, the following ideas may have some traction with the Council: • Routinely advertise vacancies on committees in the newspaper, such as perhaps issuing a monthly or quarterly notice. Advertisement could be added at little additional cost by posting in prominent places in the community (library, post office), by PSAs ou the radio, and on the City's website. This would not require a Code change, but it might he a process to add to the City's policy on committees. • Prior to the end of each calendar year, when vacancies naturally arise, advertise for vacancies in the newspaper. Advertisement could be added at little additional cost by posting in prominent places in the community (library, post office), by PSAs on the radio, and on the City's website. This would not require a Code change. but it might be a process to add to the City's policy on committees. • Establish separate and unique policies for the Planning & Zoning Commission, which unique policies would reflect the additional duties and importance of this Commission as well as the more rigorous service required of those members. • Create a stronger web presence on the City's web page that announces vacancies and how to apply for vacant positions. • As with each issue identified in this memo, do nothing differently. Amendment to City Code /Boards, Committees and Commissions Memorandum March 10, 2011 Page 10 of 10 Signify Advisory Capacity of Committees To avoid confusion with regard to the powers of committees, amend the sections of the Code describing the different committees by inserting "advisory" in the titles. The exception would be the Planning & Zoning Commission. The P &Z Commission has independent authority under the Alaska Statutes and the Kenai Municipal Code in addition to advisory duties. Delineate Liaison Duties We believe that at least one Council Member has informally raised the issue of what really are the duties of a liaison to a committee. If there is an interest in this aspect of the City's function of committees or commissions, this would be an appropriate time to discuss this function as well. We do not currently have a good understanding it' there is truly a concern here, so no suggestions are offered. 1.90.010 Chapter 1.90 STANDARD PROCEDURES FOR BOARDS, COMMISSIONS AND COMMITTEES Sections: 1.90.010 1.90.020 1.90.030 1.90.040 1,90.050 1.90.060 Creation. Duties. Qualifications. Terms. Proceedings. Specific requirements of boards, commissions and committees. L90.010 Creation. All boards, commissions and committees cre- ated by the Council of the City of Kenai, shall con- sist 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 chairman and vice - chairman shall be selected an- nually and shall be elected from and by the ap- pointed members. The Mayor and one Council Member elected by the Council as ex- officio mem- bers and as consultants of any board, commission or committee, may attend all meetings, but shall have no voting power on the board, commission or committee. A member of Council or City adminis- trative staff shall attend all meetings of hoards, commissions and committees and supply staff sup- port. 1.90.020 Duties. (a) Members of boards, commissions and corn- shall be required to establish policies relating to their respective organization. They shall act in an advisory capacity to depart- ment heads within the City Administration if there are such departments in the Cityorgani- zation that directly relate to the board, com- mission or committee. (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 (Kenai Stipp. No. 93: 10-08) 34 expenses projected for the year for approval . by the City Council. 1.90.030 Qualifications. (a) A member of a board, commission or com- mittee 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 offi- cer 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 ap- pointed 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 ex- penses incurred in connection with this ser- vice, only after approval by Council. (b) The Beautification Committee, and Harbor, Library, and Parks and Recreation. Commis- sions may at the discretion of the Council have (1) up to two (2) non- resident members each; or (2) have one (1) member who does not reside in. the City but works at least one - half time within the City. (Ords. 1948-2002, 2320-2008) 1.90.040 Terms. (a) A member of a board, commission or com- mittee shall serve for a term of three (3) years, unless the board, commission or com- mittee is specifically exempted by Council from this requirement. At renewal date, the Mayor, with consent of the Council, can re- appoint the member or recommend a re- placement. 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 (b) 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 sub- ject to the paramount authority of the City Council. If the commission, committee or board mem- ber 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 com- mittee, conunission or board, regular and spe- cial, held within any period of three (3) con- secutive calendar months, he or she shall thereupon cease to hold the seat. A commis- sion, committee or board member may not have more than three (3) excused absences during a twelve (12) month calendar year. In all matters of parliamentary procedure, Robert's Rules of Order as revised shall be applicable and govern all meetings, unless as specified in KvIC 1.15.060 motions; KMC 1.15.100, speaking; and KMC 1.15.110, vot- ing. (d) The responsibility of insuring that all mem- bers of boards, commissions and committees reeeivea..copy of the.Standardl?rocednres of Boards, Commissions and Committees lies with the City Clerk. (Ords. 1610 -94; 2017 -2003; 2050 -2004; 2140- 2006) (b) (e) 34 -1 1.90.040 1.90.060 Specific requirements of hoards, 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) (Kenai Sapp. No.93, I0-08) Chapter 1.57 LIBRARY COMMISSION Sections: 157.010 137.020 Duties and powers. Library regulations. 1.57.010 Duties and powers. The Commission shall be required to do the following: (a) Develop, adopt, alter, or revise subject to ap- proval by the City Council, a master plan for the physical development of library facilities for the City; (b) Submit annually to the City Manager and Council a list of recommended capital and other improvements in regards to the library; (c) Make recommendations regarding any matter related to library service; (d) Serve as the liaison between the public and the City Council in regards to library service; (e) Work closely with the Kenai Community Li- brary Board for the betterment of the Kenai Community Library; (0 Shall act in an advisory capacity in the selec- tion of the City Librarian. (Ords. 852, 1161, 1802 -98) 1.57.020 Library regulations. The Library Regulations shall be as listed under the regulations section in the Kenai Code, Supple- ment #I8, adopted on September 20, 1982, and all future updates. (Ords. 852, 1161, 1302 -98) 21 1.57.010 (Kenai 5-21-99) Chapter 11.10 HARBOR COMMISSION Sections: 11.10.010 Duties and powers. 11.10.010 Duties and powers. (a) The 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 Commission's recommendations for the development of the City Harbor facilities may include, among other things: (i) development of the type, location, and sequence of all public harbor facilities; (ii) the relocation, removal, extension, or change of use of existing harbor facilities; (2) Submit annually to the City Manager and Council, not less than ninety (90) days prior to the beginning of the budget year, a list of the recommended capital im- provements 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 rec- ommendations 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, con- trol, and development of tide and sub- merged lands. 165 11.10.010 (4) Act in the capacity as directed and autho- rized by a tidelands ordinance adopted by the City. (5) Review all City leases of Ciry-owned tide, submerged, and lands or navigable waters within the City, and as to the planned improvements proposed and make recommendations to the City Coun- cil. (6) Make and prepare reports and plans for approval by the City Council. (7) Coordinate public efforts, individual and group, to the effectuation of approved plans. (8) Shall act in advisory capacity in the se- lection of a Harbor Director should such a position be created by the City Council. (Ords. 474, 1161, 1802 -98) (Kenai 5- 21 -99) Chapter 14.05 PLANNING AND ZONING COMMISSION Sections: 14.05.010 14.05.020 Fees. Duties and powers. 14.05.010 Duties and powers. (a) The Commission shall be required to perform the following duties: (1) Review and as upon requests for vari- ance permits, conditional use permits, planned unit residential development permits, and other matters requiring con- sideration under the Kenai Zoning Code. (2) Interpret the provisions of the Kenai Zoning code and make determinations when requested by the Administrative Official. (3) Review the City of Kenai Comprehensive Plan on an annual basis and conduct a minimum of one public hearing. Said recommendations shall be forwarded to the Council for consideration. (4) Promote public interest and understanding of comprehensive planning, planing, zoning, land management, and other issues relating to community planning and development (5) Proposed plans for the rehabilitation or redevelopment of any area or district within the City. (6) Perform historic preservation reviews and dudes as set froth in KMC 14.20.105. (b) The Commission shall act in an advisory ca- pacity to the Kenai City Council regarding the following matters: (1) Kenai Zoning Code and Official City of Kenai Zoning Map amendments. (2) City and airport land lease or sale peti- tions. (3) Capital Improvements Programming. The Commission shall submit annually to the Council a list of recommended capital 233 14.05.010 improvements which, in the opinion of the Commission, are necessary and desir- able to be constructed during the forth- coming three -year period. Such list shall be arranged in order of preference, with recommendations as to which projects shall be consaucred in which year. (c) The Commission shall act in an advisory ca- pacity to the Kenai Peninsula Borough Plan- ning Commission regarding the following mat- ters: (1) Subdivision Plat proposals. (2) Right -of -way and easement vacation petitions. (3) City of Kenai Comprehensive Plan amendments. (KMC 14-3; Ords. 155, 403, 1018, 1161, 1179, 1892.2000) 14.05.020 Fees. In order to defray the expenses connected with the consideration of applications for variances and conditional use permits, the person presenting the application shall pay to the City Clerk a fee in the amount of one hundred dollars ($100.00). A fee in the amount of one hundred dollars ($100.00) shall accompany an application for amendment to the Kenai Zoning Code or Official Map. Whether an application is granted or denied by the Commission, the petitioner or applicant shall not be entitled to the retum of the fee paid. (KMC 1411; Ords. 403, 954, 1161, 1179) (Kenai 47 .01) Chapter 19.05 PARKS AND RECREATION COMMISSION Sections: 19.05.010 Creation. 19.05.010 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 1161) 19.05.010 Duties and powers. The Commission shall be required to do the following: (a) Develop, adopt, alter, or revise subject to ap- proval by the City Council, a master plan for the physical development of recreation facilities for the City. Such master plan with accompany- ing maps, plats, charts, descriptive, and explan- atory 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 facili- ties. (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 rec- ommended capital improvements, which in the opinion of the Commission, are necessary or desirable to be constructed during the forth- coming three (3) year period. Such list shall be arranged in order of preference, with recom- mendations as to which projects shall be con- structed in which year. 353 19.05.010 (c) Make investigations regarding any matter relat- ed to City recreation. (d) Make and prepare reports and plans for approv- al by the City Council. (e) Shall act in advisory capacity in the selection of a Director of Parks and Recreation. (Orris. 416, 1161) 19.05.030 Terms and appointments to vacancies. (Ords. 416, 430, repealed 1161) 19.05.040 Qualifications of Commission members. (Ords. 416, 619, repealed 1161) 19.05.050 Proceedings of Commission. (Ord. 416, repealed 1161) 21.20.010 Chapter 21.20 AIRPORT COMMISSION Sections: 21.20.010 21.20.020 21.20.030 Duties and powers. Qualifications. Membership. 21.20.010 Duties and powers. The Commission shall: (a) Develop, adopt, atter or revise, subject to approval by the City Council, a master plan for the airport development. This may in- clude: (I) Development of type, location and se- quence 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 air- port runways, airport terminal, and airport aeronautical lands. Act in an advisory capacity to the Council and the Airport Manager. (d) Make recommendations to the City Manager on the airport budget. (Ords. 2180-2006, 2241-2007) (c) 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. (Ords. 1531 -93, 2180 -2006) 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. (Kenai Supp. No. 92, 3 -O 382 -8 (c) One member, with expertise in Federal Aviation Administration functions. (d) One member, representing the Civil Air Pa- trol. Three members, at- large, representing the business and professional couununity. One non - voting member, representing ad hoc member of the Kenai City Council. (Ords. 1531-93, 2180 -2006) (e) (t) KENAI CITY COUNCIL POLICY FOR COMMISSION, COMMITTEE, BOARD AND COUNCIL ON AGING MEETINGS AND WORK SESSIONS Commission, Committee Board Reappointment: If, after a term (or consecutive term) of appointment has been completed, a commission, committee or board member would like to be reappointed for an additional term, an application must be submitted to council for consideration and approval. Formation of Subcommittees of Commissions, Committees or Boards: A subcommittee of a commission, committee or board may be formed for a specific function if upon review by administration, it is indicated the subcommittee would be a governmental body and a subcommittee of a public entity and if the formation is approved by Council, If a subcommittee is approved by Council, the meetings of the subcommittee must be open to the pubic; meeting notices shall be posted on the Official City Bulletin Board in Kenai City Hall and on the city website at least five (5) days prior to the meeting; and the meetings may be electronically recorded and the recordings (the official record) stored in the City Clerks Office, Meeting Schedules: Until further notice, the commission /committee meeting schedule is as follows: Commission /Committee /Board r Meeting Schedule Scheduled Meeting Days Planning & Zoning Commission Twice monthly I January through December, Second & Fourth Wednesdays Library Commission Monthly Monthly First Tuesday of the month. Second Thursday of the month. Council on Aging Beautification Committee Meetings held January, April, May, September and October Second Tuesday of the month. Parks & Recreation Commission Meetings held August, October, December, February, and April First Thursday of the month. Airport Commission i Monthly I, Second Thursday of the month. Harbor Commission Monthly ( First Monday after first council meeting of the month. Advisory Cemetery Committee Monthly Third Thursday of the month. (Sunsets on December 31, 2010.1 1. Commission, committees and boards, including Library, Parks & Recreation and Airport Commissions and Beautification Committee, shall meet as listed above. 2, Council on Aging shall meet monthly at the Kenai Senior Center. 3. Planning & Zoning Commission and the Personnel Arbitration Board is exempted from this meeting directive. 4. Commissions, committees, boards and the Council on Aging may, with the City Clerk's approval and notification of Council and City Manager, hold special meetings (for a specific purpose) on an as- needed basis. 5. Commission, committee and board meetings may be cancelled by the City Clerk, with notification of Council and City Manager, if cancellation is warranted, i e lack of agenda items, pre - knowledge of lack of quorum, etc. KENAI CITY COUNCIL POLICY FOR COMMISSION, COMMITTEE, BOARD AND COUNCIL ON AGING MEETINGS AND WORK SESSIONS PAGE 2 6. All commission, committee and board meetings (except Council on Aging) will be held at Kenai City Hall and begin at 7:00 p.m. Council on Aging meetings will be held at the Kenai Senior Center and begin at 4:30 p.m.. Exceptions for subcommittee meetings may be made with advance notice to and approval by the City Clerk. 7. Any additional commissions, committees, or boards formed will be set and . incorporated into the following meeting schedule by the City Council. Minutes /Meeting Recording: 8. Excepting the Planning & Zoning Commission and Personnel Arbitration Board, responsibility of taking notes and electronically recording the commission, committee, board meetings, falls to the department liaison (staff member) to the specific meeting group. 9. Summary minutes will be produced by the City Clerk from the department liaison notes and provided to the City Council as official records of the meetings. 10. Electronic recordings of the meeting group, except the Planning 86 Zoning Commission, shall be kept for two years. 11. Planning & Zoning Commission meeting recordings shall continue to be kept for six years. Work Sessions: 12. Commission, committees and boards shall receive the City Clerk's approval to hold work sessions to be held on a date other than that of a regularly scheduled meeting or at a time immediately prior to a regularly scheduled meeting, i.e. a 6:00 p.m. work session before a 7:00 p.m. meeting. 13. Work sessions may not be held without the approval of the City Clerk unless they occur on the night of and at the time of a regularly- scheduled advertised meeting. 14. During work sessions, only items on the work session agenda may be discussed and no formal actions may be taken. 15. All commission, committee and board meetings must be given appropriate public notice. Basic Meeting Information: 16. Rules of Order: Pursuant to KMC 1.15.120(b) and KMC 1.90.050(c), in all matters of parliamentary procedure, Robert's Rules of Order, as 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), 17. Quorum: No meeting may proceed in the absence of a quorum, i.e. a quorum is more than one -half of the board /commission (quorum of the whole). 18. Motion: Pursuant to KMC 1.15.060(k), all motions require a second. A majority of votes is required to pass a motion (three, if a five- member board; four, if a seven - member commission; five, votes if a nine - member board). 19. Speaking: In a meeting, members should be recognized by the Chair before speaking. 20. When is it a Meeting ?: If any public business is discussed collectively by four or a majority of members of one commission, committee, board, or council. EFFECTIVE: This directive shall take effect June 17, 2010 and remain in effect until modified by the Kenai City Council. KENAI CITY COUNCIL POLICY FOR COMMISSION, COMMITTEE, BOARD AND COUNCIL ON AGING MEETINGS AND WORK SESSIONS PAGE 3 Approved by the Kenai City Council on the 16th d. of J 2010. r PAT PORTER, MAYOR ATTEST: Carol L. Freas, ity Cler clf Revised 6/16/2010 BY -LAWS AND RULES OF PROCEDURE FOR COUNCIL ON AGING 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. The mission of the Council on Aging is to advise the Mayor, City Council, Director, and the City of Kenai, of the needs of the elderly in the area, support the programs which enable the continued independence of senior citizens and serve as an advisory committee, whose purpose and make -up will be set forth under Article I, Section 3, The adoption of these by -laws and rules supersedes, replaces, and nullifies any and all previously enacted, utilized, or governing rules or by -laws and further, by adoption of these by -laws and rules, the previously existing Council on Aging is deemed dissolved. Article I MEMBERSHIP The Council shall have a membership of 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 Council shall be chosen in the following manner: 1. Members shall be chosen from among persons who have shown an interest in the areas of the problems of the elderly. 2. The Mayor will appoint members to the Council on Aging subject to confirmation by the City Council. 3. There shall be a nine- member Council on Aging appointed by the Mayor of Kenai. Five (5) members will be chosen from senior citizens who participate in the senior citizen programs sponsored by the City of Kenai. More than one -half of the Council on Aging members shall be participants of City of Kenai sponsored senior citizens' programs The duties of the Council will be as follows: a. Advise the Director of Seni.or Citizen Programs on matters dealing with the budgets for senior programs and programs operated at the Senior Center. BY -LAWS AND RULES OF PROCEDURE FOR COUNCIL ON AGING PAGE 1 b. Forward copies of meeting summaries to the Mayor of the City of Kenai, who, in turn, will forward the report to the City Council. To the extent practical, communications, advice, and reports shall be in written form and shall represent a consensus of the committee. Article II ELIGIBILITY A member of the Council shall be an adult person residing in the Kenai Peninsula area, and 51% of which must be sixty (60) years of age or older. No employee of the City of Kenai is eligible for membership. There will be no more than one member per household. Article III MEETINGS Regular meetings shall be held monthly on the second Thursday of the month at the Senior Center. There shall be one annual meeting held in January of each year with fifteen days' notice given to all members of the Council. Special meetings may be called by the chairperson with approval of the Kenai City Clerk and notification of Council and City Manager. Meetings may be cancelled by the City Clerk, with notification of Council 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, tim.e, 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 riot automatically ensure participation by non - members of the Councl. 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 majority of the current membership shall constitute a quorum for the transaction of all business. BY -LAWS AND RULES OF PROCEDURE FOR COUNCIL ON AGING PAGE 2 Article VI POWERS OF THE COUNCIL The powers of the Council are ad.visory only and are derived from the federal, state, and city local governments which provi.de the fund.s for operation and all powers and activities shall be exercised in accordance with law. All action taken by this Council shall be submitted to the City Administrator and shall be subject to approval by the Kenai City Council. Article VII OFFICERS Officers shall be elected for one -year terms at the annual meeting. There shall be a Chairperson and Vice - Chairperson. Officers are limited to two (2) successive terms in the same office. Article VIII TERM OF APPOINTMENT AND ATTENDANCE Members of the Council are appointed by the City of Kenai to serve three (3) years or until termination by: 1. Resignation; 2. Request of Council. on Aging; 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, 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 Council shall be three (3) years. The tenns 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 A HONORARY MEMBER APPOINTMENT When a member is no longer able to actively participate on the Council on Aging, the remaining membership may, by majority vote, request the Mayor to appoint the non - active member to the Council on Aging as an honorary member. The honorary member would be a non - voting member. BY -LAWS AND RULES OF PROCEDURE FOR COUNCIL ON AGING PAGE 3 Article X VOLUNTEERS Volunteers wishing to serve upon committees established by the Council on Aging may be appointed by the Council chairperson or his representative to do so without, therefore, becoming members of the Council. Article XI RULES OF MEETING All meetings of the Council shall 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. * * * * ** •x * ** At a regular meeting of the Council on Aging, Kenai, Alaska, the amended by -laws and rules of procedures were adopted as the official by -laws and rules of procedure by a major4ty vote of a quorum of the members present on November 13, 2008. ¶fi Pat Porter, Mayor (Approved by Kenai City Council, Novembe 777- Vc4-e- '/Joaxma Horner, Chair, Council on Aging 9, 2008) BY -LAWS AND RULES OF PROCEDURE FOR COUNCIL ON AGING PAGE 4 III ..,_- KENAILALASKA "Village with a Past, a y with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611- 7794 II Telephone: 907 -283 -7535 / FAX: 907 - 283 -3014 1I r 199). N;vIO: TO: City Council FROM: Rick Koch DATE: March 10, 2011 SUBJECT: City of Kenai Commissions The purpose of this correspondence is to submit suggestions and /or recommendations to Council regarding structure and operations of the City's Commissions for your consideration, City Code provides for the following Commissions: 1. Library Commission 2. Airport Commission 3. Parks & Recreation Commission 4. Harbor Commission 5. Planning & Zoning There is also a Committee and Council: 1. Beautification Committee 2. Council on Aging As background information I have attached the following: 1. A memorandum from the City Attorney dated August 27, 2003 in response to questions from the Council regarding the powers of the various city commissions and committees. 2. Kenai Municipal Code 1.90, Standard Procedures for Boards Commissions and Committees 3. Kenai Municipal Code 11.10, Harbor Commission 4. Kenai Municipal Code 21.20, Airport Commission 5. Kenai Municipal Code 1.57, Library Commission 6. Kenai Municipal Code 14.05, Planning and Zoning Commission 7. Kenai Municipal Code 19.05, Parks and Recreation Commission A number of the following suggestions and /or recommendations are generic to all or most of the Commissions. However, as Mr. Graves points out in his memorandum, the Planning and Zoning Commission is somewhat unique, in that it has independent primary authority. The remainder of the Commissions are advisory bodies. The following are lists, by Commission of suggestions and /or recommendations you may wish to consider: Planning & Zoning Commission 1. Eliminate KMC 1.90 and create a stand -alone chapter for each Commission. 2. Attendance Policy— Eliminate KMC 1.90.050 (h) and replace with self executing language such as "If a Commissioner fails to attend fifty- percent (50 %) of meetings in any twelve (12) month period, the Commissioner will have resigned their seat on the Commission. The City Clerk will notify the City Council of the resignation at the next regularly scheduled Council meeting." 3. Capital Improvements Programming — Eliminate KMC 14.05.010(b)(3). This process is accomplished by Administration and Council. Harbor Commission 1. Eliminate KMC 1.90 and create a stand -alone chapter for each Commission. 2. Attendance Policy — Eliminate KMC 1.90.050 (b) and replace with the following, "If a Commissioner fails to attend fifty - percent (50 %) of meetings in any twelve (12) month period, the Commissioner will have resigned their seat on the Commission. The City Clerk will notify the City Council of the resignation at the next regularly scheduled Council meeting." 3. Master Plan — Eliminate KMC 11.10.010(a)(1) and replace with the following, "Develop, adopt, alter, or revise a plan identifying goals and objectives for a three year period. This plan should be adopted prior to December 31s` of each year and submitted to Council and the City Administration." 4. Capital Improvements —Amend KMC 11.10.010(a)(2) by removing "...not less than ninety (90) days prior to the beginning of the budget year" and replace with ... "prior to December 31n of each year ". 5. Harbor Director — Eliminate KMC 11.10.010(a)(8) in its entirety. 6. Meeting Schedule —Add "The Harbor Commission shall schedule quarterly regular meetings, special meetings may be called to address specific issues as required." 7. Creation — Harbor Commission reduced from seven (7) members to five (5) members. (Move from KMC1.90 to KMC 11.10) 8. Consider combining Harbor Commission with Parks & Recreation Commission. 9. Title — Amend title of KMC 21.20 to "Harbor Advisory Commission." Airport Commission 1. Eliminate KMC 1.90 and create a stand -alone chapter for each Commission. 2. Attendance Policy— Eliminate KMC 1.90.050 (b) and replace with the following, "If a Commissioner fails to attend fifty - percent (50 %) of meetings in any twelve (12) month period, the Commissioner will have resigned their seat on the Commission. The City Clerk will notify the City Council of the resignation at the next regularly scheduled Council meeting." 3. Master Plan — Eliminate KMC 21.20.010(a) and replace with the following, "Develop, adopt, alter, or revise a plan identifying goals and objectives for a three year period. This plan should be adopted prior to December 31s` of each year and submitted to Council and the City Administration." 4, Meeting Schedule —Add "The Airport Commission shall schedule quarterly regular meetings, special meetings may be called to address specific issues as required." 5. Title — Amend title of KMC 21.20 to "Airport Advisory Commission." Library Commission 1. Eliminate KMC 1.90 and create a stand -alone chapter for each Commission. 2. Attendance Policy— Eliminate KMC 1.90.050 (b) and replace with the following, "Ifa Commissioner fails to attend fifty- percent (50 %) of meetings in any twelve (12) month period, the Commissioner will have resigned their seat on the Commission. The City Clerk will notify the City Council of the resignation at the next regularly scheduled Council meeting." 3. Master Plan — Eliminate KMC 1.57.010(a) and replace with the following, "Develop, adopt, alter, or revise a plan identifying goals and objectives for a three year period. This plan should be adopted prior to December 31v of each year and submitted to Council and the City Administration." 4. Capital Improvements — Add to KMC 1.57.010(b) "...not less than ninety (90) days prior to the beginning of the budget year;" 5. Meeting Schedule —Add "The Library Commission shall schedule quarterly regular meetings, special meetings may be called to address specific issues as required." 6. Title —Amend title of KMC 1.57 to "Library Advisory Commission." 7. Creation — Library Commission reduced from seven (7) members to five (5) members. Parks and Recreation Commission 1. Eliminate KMC 1.90 and create a stand -alone chapter for each Commission. 2. Attendance Policy— Eliminate KMC 1.90.050 (b) and replace with the following, "Ifa Commissioner fails to attend fifty - percent (50%) of meetings in any twelve (12) month period, the Commissioner will have resigned their seat on the Commission. The City Clerk will notify the City Council of the resignation at the next regularly scheduled Council meeting." 3. Master Plan — Eliminate KMC 19.05.010(a) and replace with the following, "Develop, adopt, alter, or revise a plan identifying goals and objectives for a three year period. This plan should be adopted prior to December 31s` of each year and submitted to Council and the City Administration." 4. Capital Improvements — Add to KMC 19.05.010(b) "...not less than ninety (90) days prior to the beginning of the budget year ;" 5. Duties — Eliminate KMC 19.05.010(e). 6. Meeting Schedule —The Parks & Recreation Commission shall schedule quarterly regular meetings, special meetings may be called to address specific issues as required. 7. Title — Parks & Recreation Advisory Commission 8. Creation — Parks & Recreation Commission reduced from seven (7) members to five (5) members. 9. Consider combining Parks & Recreation Commission with Harbor Commission. Beautification Committee 1. Create stand -alone Beautification Commission. 2. Eliminate KMC 1.90 and create a stand -alone chapter for each Commission. 3. Attendance Policy — Eliminate KMC 1.90.050 (b) and replace with the following, "If a Commissioner fails to attend fifty - percent (50 %) of meetings in any twelve (12) month period, the Commissioner will have resigned their seat on the Commission. The City Clerk will notify the City Council of the resignation at the next regularly scheduled Council meeting." 4. Capital Improvements — Add a section for a CIP plan requiring submittal to Council and Administration prior to December 315` of each year. 5. Duties — Include, "Develop, adopt, alter, or revise a plan identifying goals and objectives for a three year period. This plan should be adopted prior to December 31" of each year and submitted to Council and the City Administration." 6. Meeting Schedule —The Beautification Commission shall hold quarterly regular meetings, special meetings may be called to address specific issues as required. 7. Title — Beautification Advisory Commission 8. Creation — Beautification Committee (Commission) reduced from seven (7) members to five (5) members. Council on Aging No Suggested Changes The City code as it presently exists is often confusing when attempting to determine the "rules of the road" that apply to the Commissions. KMC 1.90 applies to all Boards, Commissions, and Committees, unless specific information is contained elsewhere in the code. It would be nice to have the code as it applies to a specific commission all in one place. MEMO ". NDUM TO: FROM:66 DATE: RE: CITY OF KENA "Oj4 e 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907- 283 -3014 Commission and Committee Members Cary R. Graves, City Attomey August 27, 2003 Commission and Committee Powers The Council asked me to write a mernorandum regarding the powers of the various city commissions and committees (hereinafter "commissions "). KMC 1.90 outlines the standard procedures for them. The general procedures apply unless there are specific code sections regarding the commission or committee that specify otherwise. KMC 1.90.020(a) states that commissions and committees "shall act in an advisory capacity to department heads within the City Administration." (Emphasis added.) KMC 1.90.050 states, "All acts of boards, commissions and committees are subject to the paramount authority of the City Council." The impetus behind this memorandum was a move by a Commission Chair to independently go out for and craft a request for proposals for management of a city facility. In that case, it appeared the Commission Chair intended for the commission to bypass the City Council and Manager and do its own process for the selection of management of the facility. Such a process clearly exceeded the scope of the intended powers of a commission. Of the various commissions, the one with primary independent authority is the Planning and Zoning Commission. That commission has independent authority under AS 29.40 and KMC 14.05.010 for the determination of various zoning issues such as granting of variances or conditional use permits. Those decisions, however, are still subject to appeal to the City Council acting as the Board of Adjustment and then the Superior Court. In other areas, that commission acts only in an advisory capacity to the city and borough. The other commissions act almost exclusively as advisory bodies. They, subject to council approval, adopt master plans for the physical development of facilities and some of them (e.g. Library, and Parks and Recreation) also make advisory recommendations as to hiring of a department head. The duties of the various commissions are in the code as follows; 1) Planning and Zoning —ICbIC 14.05,010; 2) Harbor—KMC 11.10.010; 3) Library —KMC 1.57.010; 4) 1992 Commission and Commit * - ^ Members August 27. 2003 Page 2of2 Parks and Recreation —KMC 19.05.010; 5) Airport —KMC 21.25.010; 61 Beautification —KWIC 1.90.020 and 7) Council on Aging —KIVIC 1.90.020 and Article VI of its Bylaws. Copies of the various code sections are attached for your review. Please feel free to let me know if you have any questions. CRG /sp Attachments cc: Linda L. Snow, City Manager 1.90.010 Chapter 1.90 STANDARD PROCEDURES FOR BOARDS, COMMISSIONS AND COMMITTEES Sections: 1.90.010 1.90.020 1.90.030 1.90.040 1.90.050 1.90.060 Creation. Duties. Qualifications. Terms. Proceedings. Specific requirements of boards, commissions and committees. 1.90.010 Creation. All boards, commissions and committees cre- ated by the Council of the City of Kenai, shall con- sist 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 chairman and vice - chairman shall be selected an- nually and shall be elected from and by the ap- pointed members. The Mayor and one Council Member elected by the Council as ex- officio mem- bers and as consultants of any board, commission . or committee, may attend all meetings, but shall have no voting power on the board, commission or committee. A member of Council or City adminis- trative staff shall attend all meetings of boards, commissions and committees and supply staff sup- port. 1.90.020 Duties. (a) Members of hoards, commissions and com- mittees shall be required to establish policies relating to their respective organization. They shall act in an advisory capacity to depart- ment heads within the City Administration if there are such departments in the City organi- zation that directly relate to the board, com- mission or committee. (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 (Kenai Sapp. No. 93,10-08) 34 expenses projected for the year for by the City Council. p oval 1.90.030 Qualifications. (a) A member of a board, commission or com- mittee 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 offi- cer 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 ap- pointed 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 ex- penses incurred in connection with this ser- vice, only after approval by Council. The Beautification Committee, and Harbor, Library, and Parks and Recreation Commis- sions may at the discretion of the Council have (1) up to two (2) non - resident members each; or (2) have one (1) member who does not reside in the City but works at least one- half time within the City. (Ords. 1948-2002, 2320-2008) (b) 1.90.040 Terms, (a) A member of a board, commission or com- mittee shall serve for a term of three (3) years, unless the board, commission or com- mittee is specifically exempted by Council from this requirement. At renewal date, the Mayor, with consent of the Council, can re- appoint the member or recommend a re- placement. 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 (b) Chapter 11.10 HARBOR COMMISSION Sections: 11.10.010 Duties and powers. 11.10.010 Duties and powers. (a) The 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 Commission's recommendations for the development of the City Harbor facilities may include, among other things: (i) development of the type, location, and sequence of all public harbor facilities; (ii) the relocation, removal, extension, or change of use of existing harbor facilities; (2) Submit annually to the City Manager and Council, not less than ninety (90) days prior to the beginning of the budget year, a list of the recommended capital im- provements 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 rec- ommendations 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, con- trol. and development of tide and sub- merged lands. 165 11.10.010 (4) Act in the capacity as directed and autho- rized by a tidelands ordinance adopted by the City. (5) 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 Coun- cil. (6) Make and prepare reports and plans for approval by the City Council. (7) Coordinate public effons, individual and group, to the effectuation of approved plans. (8) Shall act in advisory capacity in the se- lection of a Harbor Director should such a position be created by the City Council. (Ords.474, 1161, 1802 -98) truce 5-21-99) 21.20.010 Chapter 21.20 AIRPORT COMMISSION Sections: 21.20.010 21.20.020 21.20.030 Duties and powers. Qualifications. Membership. 21.20.010 Duties and powers. The Commission shall: Develop, adopt, alter or revise, subject to approval by the City Council, a master plan for the airport development. This may in- clude: (1) Development of type, location and se- quence of all airport terminal facilities; (2) Development and use of all airport aeronautical lands. Observe, oversee and guide in an advisory capacity, any matters relating to use of air- port 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. (Ords. 2180- 2006, 2241 -2007) (a) (b) 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. (Ords. 1531 -93, 2180 -2006) 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. (Kenai Supp. Nu. 92, 3 -08) 382 -8 (c) One member, with expertise in Federal Aviation Administration functions. (d) One member, representing the Civil Air Pa- trol. (e) Three members, at- large, representing the business and professional community. One non - voting member, representing ad hoc member of the Kenai City Council. (Ords. 1531-93,2180-2006) (f) Chapter L57 LIBRARY COM1cvUSMOP Saario nsz 1.57.011 0 Duties and powers, 1,57,920 Library re.g nFadoras, 1.57.010 Dndes aibd 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 library facilities for the City; (`) Submit annually to the City Manager and Council a list of recommended capital and other improvements in regards to the library; (c) Make recommendations regarding any matter related to library service; td) Serve as the liaison between the public and the City Council in regards to library service; (e) Work closely with the Friends of the Kenai Community Library for the betterment of the Kenai Community Library:; (1) Shall act in an advisory capacity in the selection of the Library Director. pit 852,116t,1802- 48,21.84 -2006) 1,57.0269 Library rapid: ions. The Library ,Regulations shall be as listed under the regulations section in the Kenai Code, Supplement No. 18, adopted on September 20, 1982, and all future updates_ (C)rds. 852, 1161, 1802- 48,2184 -2006) 21. 1.57.010 2.06) PLANNING Sections: 14.05.010 14.05.020 Chapter 14.05 AND ZONING CC➢!1 11SSION Duties and powers. Fees. 14.05.010 Duties and powers. (a) The Commission shall be required to per- form the following duties: (1.) Review and act upon requests for vari- ance permits, conditional use permits, planned. unit residential development permits, and other matters requiring consideration under the Kenai Zoning Code. (2) interpret the provisions of the Kenai Zoning code and make determinations when requested by the Administrative Official. Review the City of Kenai Comprehen- sive Plan on an annual basis and con- duct a minimum of one (1) public hear- ing. Said recommendations shall be forwarded to the Council for consid- eration. (4) Promote public interest and under - standing of comprehensive 'planning, platting, zoning, land management, and other issues relating to community planning and development. Proposed plans for the rehabilitation or redevelopment of any area. or district within the City. (6) Perform historic preservation reviews and duties as set froth in KMC 14.20.105. The Commission shall act in an advisory capacity to the Kenai. City Council regarding the following matters: (1) Kenai Zoning Code and. Official City of Kenai Zoning Map amendments. (2) City and airport land Iease or sale peti- tions. (b) (3) (5) 233 (c) (3) 14.05.010 Capital Improvements Programnung. The Commission shall submit annually to the Council a list of recommended capital improvement's which, in tb.e opinion of the Commission, are neces- sary and desirable to be constructed during the forthcoming three -year pe- riod. Such list shall be arranged in or- der of preference, with recommenda- tions as to which projects shall be con- structed in which year. The Commission shall act in an advisory capacity to the Kenai Peninsula Borough Planning Commission regarding the follow- ing matters: (1) (2) Subdivision Plat proposals. Right -of -way and easement vacation petitions. (3) City of Kenai Comprehensive Plan. amendments. (d) Members of the Planning and Zoning Com- mission shall be compensated at the rate of one hundred dollars ($100.00) per month. (KMC 14 -3; Ords. 155, 403, 1018, 1161, 1179, 1892-2000, 2312-2008) 1.4.05.020 Fees. in order to defray the expenses connected wi h the con.siderati,on of applications for vari- ances and conditional use permits, the person pre - senting the application shall pay to the City Clerk a fee in the amount of one hundred dollars ($100.00). A fee in 1:he amount of one hundred dollars ($100.00) shall accompany an application for amendment to the Kenai Zoning Code or Offi- cial Map. Whether an application is granted or denied by the Commission, the petitioner or ap- plicant shall not be entitled to the return of the fee paid. (KMC 14 -11; Ords. 403, 954, 1161, 1179) (Kenai Stipp. N. 93,10-08) Chapter 19.05 19.05.010 (c) Make investigations regarding any matter relat- ed to City recreation. PARKS A D REC "!1 AT.K.ON CO SION (d) Make and prepare reports and plans for approv- Sections: 19.05.010 19.05.010 19.05.030 Creation, Duties and a mw Terns and appointments to vaeancies. 19,05. Qualifications of Co slt� members,. 19.05.050 Proceedings et' Commission. 19.05. 10 Creation, (Ord. 416, repealed 1161) 19.05.010 Duties and powers, The Commission shall be required to do the following: (a) Develop, adopt, alter, or revise subject to ap- proval by the City Council, a master plan for the physical development of recreation facilities for the City. Such master plan with accompany- ing maps, plats, charts, descriptive, and explan- atory 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 ripe, location, and sequence of all public recreation facilities; and (2) The relocation, removal, extension, or change of use of existing recreation facili- ties. (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 rec- ommended capital improvements, which in the opinion of the Commission, are necessary or desirable to be constructed during the forth - coming three (3) year period. Such list shall be arranged in order of preference, with recom- mendations as to which projects shall be con- structed in which year. al by the City Council. (e) Shall act in advisory capacity in the selection of a Director of Parks and Recreation. (Ords. 416, 1161) 19.05 =930 Terms wild appointnients to vacancies. (Ords. 416, 430, repealed 1161) 19.05.a-Fs thilalaffacations of Commission members. (Ords. 416, 619, repealed 1161) 19.05.050 Proceedings of Commission. (Ord. 416. repealed 1161) XENYI,Pt SIM PUBLIC NOTICE The City of Kenai City Council will hold a work session on Tuesday, May 10, 2011 to discuss possible amendments to the Kenai Municipal Code with regard to City of Kenai Boards, Commission, Committees, and the Council on Aging. The work session will begin at 6:00 p.m. The work session will be held in the Kenai Council Chambers, located at 210 Fidalgo Avenue, Kenai, AK. The work session is open to the public. Contact the Kenai City Clerk's office at 210 Fidalgo Avenue, Kenai, 283 -7535, extension 231 with questions. Carol L. Freas, City Clerk D/ Publish: May 6, 2011 iec[yc( }VENN, AI SKA Memorandum To: Council Members /n From: Mayor Pat Porte with a Past,C0 with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907-283-8245 Fax: 907-283-3014 www.ci.kenai.ak.us Subject: Commission and Committee Work Session Date: May 12, 2011 I would fake to express my appreciation to all of you for your efforts, dedication and willingness to work towards compromises during the recent work sessions. I want to make sure I clearly understand the process we defined regarding the Mayor's nomination of Commission Members. Further, it is my intent to immediately put into practice the process we defined, in advance of any legislative action. 1. On a quarterly schedule the City Clerk will have published in the newspaper a display advertisement which will include: a. A statement that the City of Kenai maintains an open recruitment for Commissioners. b. Identify the Commissions c. Encourages interest individuals to apply and provide instructions d. When applications are received place in Council packets as an information item 2. When the Mayor nominates an individual for vacancy on any Commission the Mayor will: a. Contact the City Clerk and request that a Discussion/Approval item be placed on the next Council Meeting Agenda. b. Request that the City Clerk include in the packet, the application to be considered for consideration. c. Provide to the City Clerk any other relevant information to be included in the council packet. If my recollection of the process is incomplete or in error, please respond to ensure my understanding is accurate. If you know individuals that you believe would be an asset to our Commissions please encourage them to submit an application. I would be happy to contact them should we have an vacant seat. Again, thank you and I hope we are able to build on the positives of the recent work sessions. PUBLISHER'S AFFIDAVIT UNITED STATES OF AMERICA, STATE OF ALASKA SS: Denise Reece being first duly sworn, on oath deposes and says: That I am and was at all times here in this affidavit mentions, Supervisor of Legals of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the Council Public Notice PO #93476 a printed copy of which is hereto annexed was published in said paper one each and every day consecutive for day one successive and in the issues on the following dates: May 6, 2011 X SUBSCRIBED AND SWORN to me before 9th may of May , 2011 NOTARY PUBLIC in favor for the State of Alaska. My Commission expires 26- Aug -12 The City of Kenai City Council will hold a work session on Tuesday, May 10, 2011 . to discuss possible amendments to the Kenai Municipal Code with regard to City: of Kenai Boards, Commission, Committees, Il and the Council on Aging. The work session will begin at 6:00. p.m. The work session will be held in the Kenai Council ha at 210 Fidalgo Avenue, Kenai, AK The work session is open to the public. Contact wClerkith q's offiuestioce ns. at 210 Fidaigo Avenue, Kenai, 283 -7535, Carol L. Frees, city Publish: May 6, 2011 !' Kenai Ci ension 23 51211