HomeMy WebLinkAbout2015-10-07 Council PacketAGENDA
KENAI CITY COUNCIL – REGULAR MEETING
OCTOBER 7, 2015, 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http://www.kenai.city
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda (Public comment limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
*All items listed with an asterisk (*) are considered to be routine and non-
controversial by the council and will be approved by one motion. There will be
no separate discussion of these items unless a council member so requests,
in which case the item will be removed from the consent agenda and
considered in its normal sequence on the agenda as part of the General
Orders.
B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes
per speaker)
1. Jayce Robertson, Kenai Resident – Inlet Woods Subdivision Storm Drain
Problem.
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. Ordinance No. 2852-2015 – Repealing and Reenacting Kenai Municipal Code
Chapter 7.15-Purchases and Sales, to Expand Public Solicitation
Requirements, Redefine Professional Services, Define Management Services,
Reorganize the Chapter, Provide an Appeals Process, and Make Other
Material and Housekeeping Changes and Amending Chapter 7.25-City
Budget, to Include Setting Fee Schedules. ............................................. Pg. 5
[Clerk’s Note: At its September 16th meeting, the Ordinance was postponed to October 7th
for the purpose of conducting an additional public hearing. A motion to enact is on the
floor.]
2. Ordinance No. 2855-2015 – Amending the Official Kenai Zoning Map by
Rezoning, Tracts A-1 & A-2, Evergreen Tract a Resub; (Parcel Numbers:
04314102, 04314101) from Rural Residential (RR) to General Commercial
(CG)....................................................................................................... Pg. 47
Kenai City Council Meeting Page 2 of 4
October 7, 2015
3. Ordinance No. 2856-2015 – Accepting and Appropriating Reimbursement
Funds in the Amount of $16,818.31 Received for Support of Card Street Fire
Suppression Efforts. .............................................................................. Pg. 59
• Substitute Ordinance No. 2856-2015 – Increasing Estimated
Revenues and Appropriation in the General Fund in the Amount of
$16,818.31 for Revenue Received in FY2015 for Support of Card
Street Fire Suppression Efforts.
4. Ordinance No. 2857-2015 – Amending the Kenai Municipal Code Section
3.10.070-Livestock within the City Limits, to Allow for Twelve (12) Chicken
Hens or Less to be Kept in the RU, RS1, RS2 and TSH Zones and on Certain
Parcels within the City of Kenai that are Less than Forty Thousand (40,000)
Square Feet in Size. .............................................................................. Pg. 63
5. Resolution No. 2015-52 – Adopting the City of Kenai Capital Improvements
Plan Priority Lists for State Funding Requests for the Fiscal Year 2017.
.............................................................................................................. Pg. 69
6. Resolution No. 2015-53 – Adopting the City of Kenai Recommendations for
State-Wide Projects for the State Fiscal Year 2017. .............................. Pg. 77
7. Resolution No. 2015-54 – Declaring Equipment, Supplies, and Materials
Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code
7.15.060 and 7.15.070. ......................................................................... Pg. 81
8. Resolution No. 2015-55 – Awarding an Agreement for Construction of the
Kenai Recreation Center 2015 – Hallway Improvements. ...................... Pg. 85
9. Resolution No. 2015-56 – Awarding a Three Year Contract for Facility
Management Services at the City of Kenai Multi-Purpose Facility, to Red Line
Sports, with an Option to Renew for Two Successive One-Year Terms.
.............................................................................................................. Pg. 89
E. MINUTES
1. *Work Session Summary of September 14, 2015
2. *Work Session Summary of September 16, 2015 .................................... Pg. 91
3. *Regular Meeting of September 16, 2015 ................................................ Pg. 93
F. UNFINISHED BUSINESS – None.
G. NEW BUSINESS
1. *Action/Approval – Bills to be Ratified. ............................................. Pg. 101
2. *Action/Approval – Purchase Orders Exceeding $15,000. ................ Pg. 103
3. *Ordinance No. 2858-2015 – Reapproriating State Grant Funds and Funds
Previously Transferred from the General Fund in the Senior Center
Kenai City Council Meeting Page 3 of 4
October 7, 2015
Improvements, New City Shop, and Municipal Roadway Improvements Capital
Project Funds to the City Hall Improvements Capital Project Fund. .... Pg. 107
4. Action/Approval – Providing Direction to the City Manager to Draft a Policy
for the Sale of Airport Fund and General Fund Lands for Council Consideration.
........................................................................................................... Pg. 111
5. Action/Approval – Refer a Draft Ordinance Enacting KMC Chapter 12.50-
Abandoned Mobile Homes, to Promote Public Peace, Health, Safety and
Welfare through the Regulation of Abandoned Mobile Homes Including
Provisions for Abatement and Penalties to the Planning and Zoning
Commission for Review and Recommendation. .................................. Pg. 113
6. Discussion – Schedule a W ork Session to Review the 2015 Personal Use
Fishery Report. ................................................................................... Pg. 117
7. Discussion – Implementation Timeline of the State’s Marijuana Laws.
........................................................................................................... Pg. 119
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging ................................................................................ Pg. 121
2. Airport Commission ............................................................................ Pg. 123
3. Harbor Commission ............................................................................ Pg. 127
4. Parks and Recreation Commission ..................................................... Pg. 129
a. Event Park Sub-Committee
5. Planning and Zoning Commission ...................................................... Pg. 133
6. Beautification Committee .................................................................... Pg. 139
7. Mini-Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager ...................................................................................... Pg. 141
• Report on City Sales Tax Revenues
• Appraisal for ARK Properties
2. City Attorney
3. City Clerk
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION – None Scheduled.
M. PENDING ITEMS
Kenai City Council Meeting Page 4 of 4
October 7, 2015
1. Resolution No. 2015-12 – Supporting Alaska State Senate Bill 1, an Act
Prohibiting Smoking in Certain Places; Relating to Education on the Smoking
Prohibition.
N. ADJOURNMENT
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INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review.
The agenda and supporting documents are posted on the City’s website at
www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s
Office or outside the Council Chamber prior to the meeting. For additional information,
please contact the City Clerk’s Office at 907-283-8231.
Sponsored by: Council Members Molloy and Knackstedt
CITY OF KENAI
ORDINANCE NO. 2852-2015
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING
AND REENACTING KENAI MUNICIPAL CODE CHAPTER 7.15-PURCHASES AND
SALES, TO EXPAND PUBLIC SOLICITATION REQUIREMENTS, REDEFINE
PROFESSIONAL SERVICES, DEFINE MANAGEMENT SERVICES, REORGANIZE THE
CHAPTER, PROVIDE AN APPEALS PROCESS, AND MAKE OTHER MATERIAL AND
HOUSEKEEPING CHANGES AND AMENDING CHAPTER 7.25-CITY BUDGET, TO
INCLUDE SETTING FEE SCHEDULES.
WHEREAS, Kenai Municipal Code Chapter 7.15-Purchases and Sales, determines the
City’s process for procuring goods and services as well as sales of surplus items; and,
WHEREAS, the Chapter has not been significantly reviewed and revised in at least ten
years and is in need of review and revisions; and,
WHEREAS, increasing certain purchasing limits is warranted in light of inflation and
other factors since the last time the limits were established; and,
WHEREAS, codifying the process for purchasing services and supplies for less than
$35,000 provides for standardized purchasing methodology and allows the City
Manager to implement a stricter policy that can be administratively controlled; and,
WHEREAS, requiring a competitive process for soliciting professional services over
$35,000 provides a fair process open to all qualified proposers; and,
WHEREAS, providing a new definition for professional services that is more consistent
with other municipal and state definitions is in the City’s best interest; and
WHEREAS, providing a proposal process for management services allows for a
competitive process and selection of third parties based as management services
contractors based on considerations other than just the lowest cost; and
WHEREAS, providing an innovative competitive procurement process may be
advantageous to the City for the procurement of new or unique requirements of the
City, new technologies, or to achieve the best value; and
WHEREAS, requiring local preferences to be applied when available pursuant to
funding sources and procurement methodology clarifies the City’s position to
encourage transactions with local businesses; and,
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WHEREAS, eliminating former KMC 7.15.080–Telephone polls-Authority, procedure,
recordation, is appropriate as it is no longer a utilized process and is inconsistent with
other requirements of code; and,
WHEREAS, moving KMC 7.15.100–Setting fee schedules, to KMC Chapter 7.25–City
Budget, is appropriate as it is not a topic consistent with the intent and purpose of the
chapter dealing with purchases and is consistent with the budget process; and,
WHEREAS, codifying an appeals process for bids and proposals provides consistency
and fairness to the City and the public; and,
WHEREAS, making other housekeeping and organizational changes to the Chapter
will make it easier to use and understand.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Section 1. Form: That this is a code ordinance.
Section 2. Amendment of Chapter 7.15 of the Kenai Municipal Code: That Kenai
Municipal Code, Chapter 7.15–Purchases and Sales, is hereby amended as follows:
[7.15.010 “CONTRACTUAL SERVICES” DEFINED.
CONTRACTUAL SERVICES,” FOR THE PURPOSE OF THIS CHAPTER, SHALL
MEAN SERVICES PERFORMED FOR THE CITY BY PERSONS NOT IN THE
EMPLOYMENT OF THE CITY, AND MAY INCLUDE THE USE OF EQUIPMENT OR THE
FURNISHING OF COMMODITIES IN CONNECTION WITH SAID SERVICES UNDER
EXPRESS OR IMPLIED CONTRACT. CONTRACTUAL SERVICES SHALL INCLUDE:
TRAVEL, FREIGHT, EXPRESS, PARCEL POST, POSTAGE, TELEPHONE, TELEGRAPH,
UTILITIES, RENTS, PRINTING AND BINDING, REPAIRS, ALTERATIONS, AND
MAINTENANCE OF BUILDINGS, EQUIPMENT, STREETS, BRIDGES, AND OTHER
PHYSICAL FACILITIES OF THE CITY, AND OTHER SERVICES PERFORMED FOR THE
CITY BY PERSONS NOT IN THE EMPLOYMENT OF THE CITY.
7.15.020 MADE BY WHOM.
ALL PURCHASES OF SUPPLIES, MATERIALS, EQUIPMENT, AND
CONTRACTUAL SERVICES FOR THE OFFICES, DEPARTMENTS, AND AGENCIES OF
THE CITY GOVERNMENT SHALL BE MADE BY THE CITY ADMINISTRATOR OR BY
OTHER CITY PERSONNEL IN ACCORDANCE WITH PURCHASE AUTHORIZATIONS
ISSUED BY THE CITY ADMINISTRATOR.
7.15.030 WHEN PRIOR APPROVAL BY COUNCIL IS REQUIRED.
(A) EVERY CONTRACT FOR, OR PURCHASE OF, FIFTEEN THOUSAND DOLLARS
($15,000.00) OR MORE OF SUPPLIES, MATERIALS, EQUIPMENT, OR CONTRACTUAL
SERVICES SHALL REQUIRE THE PRIOR APPROVAL OF THE COUNCIL. THE ONLY
EXCEPTIONS WILL BE:
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(1) UTILITIES BILLS (ELECTRICITY, GAS, FUEL, AND TELEPHONE);
(2) CITY’S ROUTINE INVESTMENT PURCHASING;
(3) MONTHLY PAYMENTS FOR PAYROLL DEDUCTIONS (I.E., INCOME TAX,
F.I.C.A., RETIREMENT, AND FRINGE BENEFITS), INCLUDING BOTH
EMPLOYER’S AND EMPLOYEE’S SHARE;
(4)AUTHORIZED DEBT;
(5) MONTHLY CONTRACTED JANITORIAL SERVICE.
(B) ALL SUCH EXCEPTIONS WILL BE PAID WHEN THEY FALL DUE AND
PAYMENTS WILL BE RATIFIED BY COUNCIL AT THE NEXT REGULAR COUNCIL
MEETING.
7.15.040 COMPETITIVE BIDDING.
(A) BEFORE ANY PURCHASE OF, OR CONTRACT FOR, SUPPLIES, MATERIALS,
EQUIPMENT, OR CONTRACTUAL SERVICES ARE MADE, THE CITY PURCHASING
AUTHORITY SHALL SUBMIT TO AT LEAST THREE (3) PERSONS, FIRMS, OR
CORPORATIONS DEALING IN AND ABLE TO SUPPLY THE SAME, OR TO A SMALLER
NUMBER IF THERE ARE NOT THREE DEALING IN AND ABLE TO SUPPLY THE
SAME, A REQUEST FOR QUOTATION (OR INVITATION TO BID) AND
SPECIFICATIONS TO GIVE THEM OPPORTUNITY TO BID; AND/OR PUBLISH NOTICE
OF THE PROPOSED PURCHASE IN A NEWSPAPER OF GENERAL CIRCULATION
WITHIN THE CITY.
(B) THE PURCHASE OF, OR CONTRACT FOR, SUPPLIES, MATERIALS,
EQUIPMENT, OR CONTRACTUAL SERVICES SUBJECT TO SUBSECTION (A), SHALL
BE AWARDED TO THE MOST RESPONSIBLE BIDDER PURSUANT TO SUBSECTION
(F).
(C) WHEN SUCH PURCHASES ARE TO BE MADE FROM FEDERAL OR STATE
GRANT FUNDS, ANY AND ALL CONDITIONS, PROVISIONS, OR REQUIREMENTS
WHICH MAY BE NECESSARY TO COMPLY WITH THE REQUISITE FEDERAL OR
STATE LAWS, RULES, OR REGULATIONS WITH RESPECT TO SUCH GRANTS MAY
BE INSERTED IN THE BID AND CONTRACT DOCUMENTS, AND WILL BE COMPLIED
WITHIN THE AWARD OF THE BID FOR SUCH PURCHASES.
(D) ALL BIDS SHALL BE SEALED AND SHALL BE OPENED IN PUBLIC AT A
DESIGNATED TIME AND PLACE.
(E) THE PURCHASING AUTHORITY MAY REPEATEDLY REJECT ALL BIDS AND
AGAIN MAY SUBMIT TO THE SAME OR OTHER PERSONS, FIRMS, OR
CORPORATIONS THE REQUEST FOR QUOTATION (OR INVITATION TO BID) AND/OR
AGAIN PUBLISH NOTICE OF THE PROPOSED PURCHASE.
(F) THE CITY PURCHASING AUTHORITY SHALL PURCHASE FROM THE LOWEST
RESPONSIBLE BIDDER, BASING A DETERMINATION ON RESPONSIBILITY OF THE
BIDDER ON THE FOLLOWING FACTORS: ADHERENCE TO THE BID
SPECIFICATIONS, QUALITY, PROPOSED TERMS OF DELIVERY, ANY ADDITIONAL
COST TO THE CITY THAT WOULD BE INCURRED DUE TO LOCATION OF THE
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BIDDER, PERFORMANCE RECORD, FINANCIAL CAPABILITY, AND COMPLIANCE
WITH CONDITIONS IMPOSED IN THE SOLICITATION FOR BIDS. IF AFTER
CONSIDERATION OF THE BIDS, BIDDER RESPONSIBILITY, THE PURCHASING
AUTHORITY DETERMINES THAT TWO (2) OR MORE BIDDERS ARE EQUALLY
COMPETITIVE, HE OR SHE MAY PURCHASE FROM ONE SUCH BIDDER OR MAY
DIVIDE THE PURCHASE AMONG THEM, BUT ALWAYS ACCEPTING THE BID OR
BIDS MOST ADVANTAGEOUS TO THE CITY.
7.15.045 LOCAL PREFERENCES.
(A) IN AWARDING COMPETITIVE BID PURCHASES OR CONSTRUCTION
CONTRACTS UNDER KMC 7.15.040, PREFERENCE MAY BE GIVEN TO AN
OTHERWISE QUALIFIED “LOCAL BIDDER” UNLESS SUCH PREFERENCE IS
PROHIBITED BY THE FUNDING SOURCE.
(B) FOR PURPOSE OF THIS SECTION, A “LOCAL BIDDER” IS A PERSON WHO:
(1) HOLDS A CURRENT STATE BUSINESS LICENSE, AND IN ADDITION
FOR CONSTRUCTION CONTRACTS, HOLDS A CURRENT, APPROPRIATE
STATE CONTRACTOR’S REGISTRATION CERTIFICATE;
(2) SUBMITS A BID FOR A COMPETITIVE PURCHASE OR CONSTRUCTION
CONTRACT UNDER THE NAME AS APPEARING ON THE PERSON’S LICENSE
AND, WHERE APPLICABLE, A CERTIFICATE;
(3) HAS CONTINUOUSLY MAINTAINED A PHYSICAL PLACE OF BUSINESS
WITHIN THE KENAI PENINSULA BOROUGH STAFFED BY THE BIDDER OR AN
EMPLOYEE OF THE BIDDER FOR A PERIOD OF ONE HUNDRED EIGHTY (180)
DAYS IMMEDIATELY PRECEDING THE DATE OF THE BID OPENING. BIDDER
MUST PROVE COMPLIANCE WITH THIS REQUIREMENT TO THE CITY’S
SATISFACTION. MERE MAINTENANCE OF A MAIL BOX OR TELEPHONE
ANSWERING SERVICE, FOR EXAMPLE, IS NOT SUFFICIENT TO COMPLY
WITH THIS PROVISION; AND
(4) IF A JOINT VENTURE, IS COMPOSED ENTIRELY OF VENTURERS THAT
QUALIFY UNDER THIS SECTION.
(C) AN AWARD SHALL BE MADE TO THE LOWEST RESPONSIBLE BIDDER
PURSUANT TO KMC 7.15.040(F) OF THIS CHAPTER AS APPLICABLE, EXCEPT THAT
A BID MAY BE AWARDED TO A LOCAL BIDDER IF THE LOCAL BIDDER’S BID IS
NOT MORE THAN FIVE PERCENT (5%) HIGHER THAN THE LOWEST RESPONSIBLE
NON-LOCAL BIDDER’S BID; PROVIDED, HOWEVER, SUCH PREFERENCE SHALL
NEVER EXCEED TWENTY-FIVE THOUSAND DOLLARS ($25,000.00), AND FURTHER
PROVIDED THAT THE OTHER PROVISIONS OF KMC 7.15.040(F) OF THIS CHAPTER
AS APPLICABLE, HAVE BEEN MET AND THE CITY CHOOSES TO AWARD THE BID.
THIS PREFERENCE WILL NOT BE GRANTED WHERE THE CITY USES NON-
COMPETITIVE PURCHASING AS PROVIDED IN KMC 7.15.050 OF THIS CHAPTER.
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7.15.050 PURCHASES, WHEN COMPETITIVE BIDDING NOT REQUIRED.
THE FOLLOWING MAY BE PURCHASED WITHOUT GIVING AN OPPORTUNITY FOR
COMPETITIVE BIDDING:
(A) SUPPLIES, MATERIALS, EQUIPMENT, OR CONTRACTUAL SERVICES WHOSE
COST DOES NOT EXCEED TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) IN A
SINGLE TRANSACTION;
(B) SUPPLIES, MATERIALS, EQUIPMENT, OR CONTRACTUAL SERVICES WHICH
CAN BE FURNISHED ONLY BY A SINGLE DEALER OR WHICH HAS A UNIFORM
PRICE WHEREVER BOUGHT;
(C) SUPPLIES, MATERIALS, EQUIPMENT, OR CONTRACTUAL SERVICES
PURCHASED FROM ANOTHER UNIT OF GOVERNMENT AT A PRICE DEEMED
BELOW THAT OBTAINABLE FROM PRIVATE DEALERS, INCLUDING WAR SURPLUS;
(D) CONTRACTUAL SERVICES PURCHASED FROM A PUBLIC UTILITY
CORPORATION AT A PRICE OR RATE DETERMINED BY STATE OR OTHER
GOVERNMENT AUTHORITY.
(E) PROFESSIONAL SERVICES. PROFESSIONAL SERVICES MEANS THOSE
ADVISORY, CONSULTING, ARCHITECTURAL, MANAGEMENT, ENGINEERING,
RESEARCH OR DEVELOPMENT SERVICES THAT INVOLVE THE EXERCISE OF
DISCRETION AND INDEPENDENT JUDGMENT TOGETHER WITH AN ADVANCED OR
SPECIALIZED KNOWLEDGE, EXPERTISE OR TRAINING GAINED BY FORMAL
STUDIES OR EXPERIENCE. EXAMPLES OF PROFESSIONAL SERVICES INCLUDE,
BUT ARE NOT LIMITED TO, ACCOUNTANTS, ARCHITECTS, APPRAISERS,
ENGINEERS, FACILITIES MANAGEMENT, LAND SURVEYORS, AUDITORS, MEDICAL
SERVICES, FINANCIAL CONSULTANTS, ATTORNEYS, PLANNING CONSULTANTS,
ECONOMISTS, COMPUTER PROGRAMMERS AND SYSTEM ANALYSTS, INSURANCE
CONSULTANTS AND RISK ANALYSTS, INSURANCE PROVIDERS AND OTHER
SPECIALIZED CONSULTANTS.
(F) SUPPLIES, MATERIALS, EQUIPMENT OR CONTRACTUAL SERVICES
PURCHASABLE UNDER THE CONTRACT OF ANOTHER GOVERNMENTAL AGENCY IN
WHICH CONTRACT THE CITY IS AUTHORIZED TO PARTICIPATE.
(G) (1) THE CITY MAY AWARD A CONTRACT FOR SUPPLIES, SERVICES,
PROFESSIONAL SERVICES OR CONSTRUCTION WITHOUT COMPETITION, FORMAL
ADVERTISING OR OTHER FORMAL PROCEDURE WHERE THE CITY MANAGER
DETERMINES IN WRITING THAT AN EMERGENCY THREATENING THE PUBLIC
HEALTH, SAFETY OR WELFARE REQUIRES THAT THE CONTRACT BE AWARDED
WITHOUT DELAY. THE CITY MANAGER SHALL MAKE A REPORT ON SUCH
CONTRACT TO THE COUNCIL NO LATER THAN THE NEXT REGULAR MEETING
FOLLOWING AWARD OF THE CONTRACT.
(2) FOR PURPOSES OF THIS SUBSECTION, AN “EMERGENCY” IS DEFINED
AS THE OCCURRENCE OR IMMINENT THREAT OF WIDESPREAD OR SEVERE
DAMAGE, INJURY, LOSS OF LIFE OR PROPERTY, OR SHORTAGE OF FOOD,
WATER, OR FUEL RESULTING FROM:
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(A) AN INCIDENT SUCH AS STORM, HIGH WATER, WIND-DRIVEN
WATER, TIDAL WAVE, TSUNAMI, EARTHQUAKE, VOLCANIC ERUPTION,
LANDSLIDE, MUDSLIDE, AVALANCHE, SNOWSTORM, PROLONGED
EXTREME COLD, DROUGHT, FIRE, FLOOD, EPIDEMIC, EXPLOSION
OR RIOT;
(B) THE RELEASE OF OIL OR A HAZARDOUS SUBSTANCE IF THE
RELEASE REQUIRES PROMPT ACTION TO AVERT ENVIRONMENTAL
DANGER OR MITIGATE ENVIRONMENTAL DAMAGE;
(C) EQUIPMENT FAILURE IF THE FAILURE IS NOT A PREDICTABLY
FREQUENT OR RECURRING EVENT OR PREVENTABLE BY ADEQUATE
EQUIPMENT MAINTENANCE OR OPERATION;
(D) ENEMY OR TERRORIST ATTACK OR A CREDIBLE THREAT OF
IMMINENT ENEMY OR TERRORIST ATTACK IN OR AGAINST THE
STATE THAT THE ADJUTANT GENERAL OF THE DEPARTMENT OF
MILITARY AND VETERANS AFFAIRS OR A DESIGNEE OF THE
ADJUTANT GENERAL, IN CONSULTATION WITH THE COMMISSIONER
OF PUBLIC SAFETY OR A DESIGNEE OF THE COMMISSIONER OF
PUBLIC SAFETY, CERTIFIES TO THE GOVERNOR HAS A HIGH
PROBABILITY OF OCCURRING IN THE NEAR FUTURE; THE
CERTIFICATION MUST MEET THE STANDARDS OF AS 26.20.040(C); IN
THIS SUBSECTION, “ATTACK” HAS THE MEANING GIVEN UNDER AS
26.20.200; OR
(E) AN OUTBREAK OF DISEASE OR A CREDIBLE THREAT OF AN
IMMINENT OUTBREAK OF DISEASE THAT THE COMMISSIONER OF
HEALTH AND SOCIAL SERVICES OR A DESIGNEE OF THE
COMMISSIONER OF HEALTH AND SOCIAL SERVICES CERTIFIES TO
THE GOVERNOR HAS A HIGH PROBABILITY OF OCCURRING IN THE
NEAR FUTURE; THE CERTIFICATION MUST BE BASED ON SPECIFIC
INFORMATION RECEIVED FROM LOCAL, STATE, FEDERAL, OR
INTERNATIONAL AGENCY, OR ANOTHER SOURCE THAT THE
COMMISSIONER OR THE DESIGNEE DETERMINES IS RELIABLE.
7.15.055 COMPETITIVE SEALED PROPOSALS FOR CONSTRUCTION.
(A) WHEN THE USE OF COMPETITIVE SEALED BIDDING FOR CONSTRUCTION
PROJECTS IS EITHER NOT PRACTICABLE OR NOT ADVANTAGEOUS TO THE CITY, A
CONTRACT MAY BE ENTERED INTO BY USE OF THE COMPETITIVE SEALED
PROPOSALS METHOD.
(B) PROPOSALS SHALL BE SOLICITED THROUGH A REQUEST FOR PROPOSALS.
(C) WHEN THE CITY COUNCIL DETERMINES THAT IT IS ADVANTAGEOUS TO
THE CITY, THE CITY MAY ISSUE A REQUEST FOR PROPOSALS REQUESTING THE
SUBMISSION OF OFFERS TO PROVIDE CONSTRUCTION IN ACCORDANCE WITH A
DESIGN PROVIDED BY THE OFFEROR.
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(D) ADEQUATE PUBLIC NOTICE OF THE REQUEST FOR PROPOSALS SHALL BE
GIVEN IN THE SAME MANNER AS PROVIDED IN KMC 7.15.040(A), PROVIDED THE
MINIMUM TIME SHALL BE THIRTY (30) CALENDAR DAYS.
(E) A REGISTER OF PROPOSALS SHALL BE PREPARED CONTAINING THE NAME
OF EACH OFFEROR, THE NUMBER OF MODIFICATIONS RECEIVED, IF ANY, AND A
DESCRIPTION SUFFICIENT TO IDENTIFY THE ITEM OFFERED.
(F) THE REQUEST FOR PROPOSALS SHALL STATE THE RELATIVE IMPORTANCE
OF PRICE AND OTHER EVALUATION FACTORS.
(G) AS PROVIDED IN THE REQUEST FOR PROPOSALS, DISCUSSIONS MAY BE
CONDUCTED WITH RESPONSIBLE OFFERORS WHO SUBMIT PROPOSALS
DETERMINED TO BE REASONABLY SUSCEPTIBLE OF BEING SELECTED FOR
AWARD FOR THE PURPOSE OF CLARIFICATION TO ASSURE FULL
UNDERSTANDING OF, AND CONFORMANCE TO, THE SOLICITATION
REQUIREMENTS. OFFERORS SHALL BE ACCORDED FAIR AND EQUAL TREATMENT
WITH RESPECT TO ANY OPPORTUNITY FOR DISCUSSION AND REVISION OF
PROPOSALS AND SUCH REVISIONS MAY BE PERMITTED AFTER SUBMISSIONS
AND PRIOR TO AWARD FOR THE PURPOSE OF OBTAINING BEST AND FINAL
OFFERS.
(H) AWARD SHALL BE MADE TO THE RESPONSIBLE OFFEROR WHOSE
PROPOSAL IS DETERMINED IN WRITING TO BE THE MOST ADVANTAGEOUS TO
THE CITY, TAKING INTO CONSIDERATION PRICE AND THE EVALUATION FACTORS
SET FORTH IN THE REQUEST FOR PROPOSALS. NO OTHER FACTORS OR CRITERIA
SHALL BE USED IN THE EVALUATION. THE CONTRACT FILE SHALL CONTAIN THE
BASIS ON WHICH THE AWARD IS MADE.
(I) PROPOSALS SHALL BE RECEIVED AT THE TIME AND PLACE DESIGNATED IN
THE REQUEST FOR PROPOSALS, AND SHALL BE OPENED SO AS TO AVOID
DISCLOSING THEIR CONTENTS TO COMPETING PROPONENTS DURING THE
PROCESS OF NEGOTIATION. PROPOSALS SHALL BE OPEN TO PUBLIC INSPECTION
ONLY AFTER THE CONTRACT AWARD. HOWEVER, THE CITY SHALL ISSUE A
NOTICE OF INTENT TO AWARD TO ALL RESPONDING PROPOSERS AT LEAST
SEVEN (7) DAYS PRIOR TO COUNCIL APPROVAL. UPON REQUEST BY A COMPETING
PROPONENT, THE RECOMMENDED AWARDEE’S PROPOSAL SHALL BE OPENED
FOR REVIEW.
(Ord. 2022-2003)
7.15.060 SALES, SURPLUS, COMPETITIVE BIDDING.
(A) EXCEPT AS PROVIDED IN SUBSECTION (D) NO SURPLUS OR OBSOLETE
SUPPLIES, MATERIALS, OR EQUIPMENT MAY BE SOLD (EXCEPT BY TRADING IN
ON OTHER GOODS OR SERVICES) UNTIL THE COUNCIL SHALL HAVE DECLARED
THEM OBSOLETE OR SURPLUS. BEFORE THE CITY ADMINISTRATOR SELLS ANY
SURPLUS OR OBSOLETE SUPPLIES, MATERIALS, OR EQUIPMENT, EXCEPT AS
OTHERWISE PROVIDED IN THE NEXT SECTION, HE OR SHE SHALL ADVERTISE
THEM FOR SALE IN A NEWSPAPER OF GENERAL CIRCULATION IN THE CITY OR
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GIVE NOTICE IN SUCH OTHER MANNER AS HE OR SHE DEEMS NECESSARY
ADEQUATELY TO REACH PROSPECTIVE BUYERS TO GIVE THEM AN OPPORTUNITY
TO MAKE BIDS. ALL BIDS SHALL BE SEALED AND SHALL BE OPENED IN PUBLIC
AT A DESIGNATED TIME AND PLACE, EXCEPT WHEN THE SALE IS BY AUCTION OR
BY AN INTERNET SALE PROCESS.
(B) THE COUNCIL MAY BY RESOLUTION, INCLUDING SUCH TERMS AND
CONDITIONS AS IT DEEMS APPROPRIATE, DECLARE AND AUTHORIZE SALE OF
SURPLUS OR OBSOLETE SUPPLIES, MATERIALS OR EQUIPMENT BY A BROKER IF
THE NATURE OF ITEMS IS SUCH THAT SALE BY BROKER IS IN THE BEST
INTEREST OF THE CITY. THE CITY MANAGER SHALL SUBMIT A WRITTEN REPORT
TO THE COUNCIL OF ANY ITEM SOLD BY A BROKER INCLUDING THE
COMMISSION, BUYER, AND THE TERMS AND CONDITIONS OF THE SALE. SUCH
WRITTEN REPORT SHALL BE INCLUDED IN A COUNCIL PACKET WITHIN THIRTY
(30) DAYS AFTER THE SALE DATE.
(C) THE CITY ADMINISTRATOR MAY REPEATEDLY REJECT ALL BIDS AND
ADVERTISE OR GIVE NOTICE AGAIN. HE OR SHE SHALL SELL SUCH SUPPLIES,
MATERIALS, OR EQUIPMENT TO THE HIGHEST RESPONSIBLE BIDDER FOR CASH.
IN CASE OF A TIE, HE OR SHE MAY SELL TO EITHER OF THE BIDDERS TYING, OR
MAY DIVIDE THE SALE AMONG TWO (2) OR MORE TYING, ALWAYS SELLING TO
THE HIGHEST RESPONSIBLE BIDDER OR BIDDERS FOR CASH.
(D) COLLECTION MATERIALS REMOVED BY THE LIBRARIAN PURSUANT TO THE
LIBRARY’S COLLECTION DEVELOPMENT POLICY MAY BE SOLD, TRADED OR
OTHERWISE DISPOSED OF WITHOUT FURTHER DECLARATION BY COUNCIL AND
IN ANY MANNER DEEMED APPROPRIATE BY THE LIBRARIAN AS LONG AS THE
SALE, TRADE OR DISPOSAL IS IN THE BEST INTEREST OF THE LIBRARY. ALL
ETHICAL AND CONFLICTS OF INTEREST PROVISIONS DESCRIBED BY CITY
ORDINANCE, RESOLUTION, POLICY, OR REGULATION MUST BE FULLY COMPLIED
WITH IN SUCH SALE, TRADE, OR DISPOSAL. WITHIN THIRTY (30) DAYS OF THE
END OF EACH FISCAL YEAR, THE LIBRARIAN SHALL PROVIDE A FULL
ACCOUNTING TO THE CITY MANAGER AND COUNCIL OF ALL MATERIALS SOLD,
TRADED OR OTHERWISE DISPOSED OF THE PRIOR FISCAL YEAR.
7.15.070 SALES, WHEN COMPETITIVE BIDDING NOT REQUIRED.
THE CITY ADMINISTRATOR MAY SELL THE FOLLOWING ONLY WITH NOTICE TO
AND APPROVAL OF CITY COUNCIL WITHOUT GIVING AN OPPORTUNITY FOR
COMPETITIVE BIDDING:
(A) SURPLUS OR OBSOLETE SUPPLIES, MATERIALS, EQUIPMENT OR OTHER
PROPERTY, EXCLUDING REAL PROPERTY, THE VALUE OF WHICH DOES NOT
EXCEED ONE THOUSAND DOLLARS ($1,000.00) IN A SINGLE TRANSACTION; Or
(B) SUPPLIES, MATERIALS, EQUIPMENT OR OTHER PROPERTY, EXCLUDING
REAL PROPERTY, WHEN SOLD AT A PRICE AT LEAST AS GREAT AS THAT PAID BY
THE CITY FOR THE SAME, PROVIDED THAT THE FOLLOWING CONDITIONS SHALL
BE MET:
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(1) ANY SUCH PROPERTY VALUED IN EXCESS OF ONE THOUSAND
DOLLARS ($1,000.00) SHALL BE APPRAISED BY A QUALIFIED APPRAISER
WITHIN SIX (6) MONTHS PRECEDING THE SALE, AND THE SALE PRICE
SHALL BE NOT LESS THAN THE APPRAISED VALUE.
(2) THE CITY COUNCIL SHALL APPROVE OF THE SALE OF ANY SUCH
PROPERTY VALUED IN EXCESS OF ONE THOUSAND DOLLARS ($1,000.00).
7.15.080 TELEPHONE POLLS—AUTHORITY, PROCEDURE, RECORDATION.
(A) AUTHORITY. THE CITY MANAGER MAY OBTAIN AUTHORIZATION FROM
COUNCIL BY TELEPHONE POLL TO:
(1) PURCHASE BUDGETED SUPPLIES, MATERIALS, OR SERVICES IN
EXCESS OF TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) IF THE
NEED IS CRITICAL IN HIS OR HER ESTIMATION; AND
(2) EXECUTE GRANT APPLICATIONS, ACCEPT BIDS AND TRANSFER
FUNDS FOR THE BUDGETED ITEMS TO ACCOMPLISH THE FOREGOING.
(B) PROCEDURE. ALL QUESTIONS FOR TELEPHONE POLLS SHALL BE IN
WRITING AND APPROVED BY THE CITY MANAGER OR DESIGNEE FOR SUBMITTAL
TO THE CITY CLERK. THESE POLLS WILL BE APPROVED BY THE FINANCE
DIRECTOR TO DETERMINE WHETHER THE PROPER APPROPRIATION IS MADE BY
ORDINANCE. THE CITY CLERK MAY DESIGNATE WHICH CITY EMPLOYEES SHALL
CONDUCT THE POLL. NO MORE THAN ONE (1) QUESTION SHALL BE CONDUCTED
PER TELEPHONE POLL EXCEPT IN CASES OF EXTREME EMERGENCY WHERE
MORE THAN ONE (1) QUESTION MAY BE PRESENTED AND EXCEPT THAT THE
QUESTION CONCERNING TRANSFERENCE OF FUNDS MAY BE PRESENTED ALONG
WITH THE MAIN QUESTION. WHENEVER POSSIBLE, THE QUESTIONS SHALL
ELICIT A “YES” OR “NO” RESPONSE. IN ALL CASES, THE DESIGNATED EMPLOYEES
SHALL MAKE A REASONABLE ATTEMPT TO CONTACT ALL COUNCIL MEMBERS. AT
LEAST FOUR (4) MEMBERS OF THE COUNCIL MUST PARTICIPATE IN THE VOTE
FOR THE POLL TO BE VALID. A TWO-THIRDS (2/3) MAJORITY OF ALL COUNCIL
MEMBERS POLLED SHALL BE REQUIRED FOR TELEPHONE POLL AUTHORIZATION.
IF THE TELEPHONE POLL FAILS, THE MATTER SHALL BE CONSIDERED AS AN
AGENDA ITEM AT THE NEXT REGULAR COUNCIL MEETING.
(C) RECORDATION. AT THE NEXT REGULAR COUNCIL MEETING, THE CITY
CLERK, DURING HIS OR HER REPORT, SHALL READ INTO THE RECORD THE
RESULTS OF THE POLL INDICATING THE QUESTION POSED AND THE VOTE OF
EACH COUNCIL MEMBER REACHED.
7.15.090 PURCHASES AND SALES—CERTAIN CITY OFFICERS.
PURCHASES FROM, AND SALES TO, THE CITY ADMINISTRATOR AND
COUNCILPERSONS SHALL ALSO BE GOVERNED BY THE CITY CHARTER, SECTION
5-8 EXCEPT AS FOLLOWS:
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(A) THE CITY ADMINISTRATOR, COUNCIL PERSONS, AND CITY EMPLOYEES MAY
SELL OR BARTER ANYTHING TO THE CITY, OR MAKE A CONTRACT WITH THE CITY,
OR PURCHASE ANYTHING FROM THE CITY WITHOUT THE NECESSITY OF
COMPETITIVE SEALED BIDS PROVIDED SUCH SALES, CONTRACT, OR PURCHASES
INVOLVE A CONSIDERATION OF NOT MORE THAN FIVE HUNDRED DOLLARS
($500.00) IN VALUE.
(B) ANY SALE, CONTRACT OR PURCHASE, OF NOT MORE THAN FIVE HUNDRED
DOLLARS ($500.00) AUTHORIZED UNDER SUBSECTION (A) ABOVE, MUST BE
MADE AT SUCH PRICES OR RATES PREVAILING IN THE COMMUNITY AND
WITHOUT FAVORITISM OR DISCRIMINATION.
(Ord. 1178)
7.15.100 SETTING FEE SCHEDULES.
THE COUNCIL MAY ADOPT AND AMEND A FEE SCHEDULE SPECIFYING THE
RATES, CHARGES, OR FEES IMPOSED BY THE CITY. UNLESS OTHERWISE
PROVIDED IN THE KENAI CODE OF ORDINANCES, ANY RATES, CHARGES, OR
FEES IMPOSED BY THE CITY OF KENAI SHALL BE SET BY THE CITY MANAGER
AND SHALL BE EFFECTIVE UPON APPROVAL BY RESOLUTION OF THE CITY
COUNCIL.
7.15.110 TAX COMPLIANCE.
(A) NO CONTRACT THAT REQUIRES COMPETITIVE BIDDING PURSUANT TO A
CITY ORDINANCE MAY BE AWARDED TO AN INDIVIDUAL OR BUSINESS THAT IS IN
VIOLATION OF CITY TAX ORDINANCES UNLESS THE VIOLATION IS CURED WITHIN
TEN (10) BUSINESS DAYS OF NOTICE.
(B) IF AN INDIVIDUAL OR BUSINESS BECOMES DELINQUENT ON ANY CITY TAX
OBLIGATION DURING THE TERM OF A CONTRACT, THE CITY MAY TERMINATE THE
CONTRACT IF NOT CURED WITHIN TEN (10) BUSINESS DAYS OF NOTICE, AND THE
CITY MAY OFFSET AMOUNTS OWED BY THE CITY TO THE INDIVIDUAL OR
BUSINESS UNDER A CONTRACT FOR THE AMOUNT OF OUTSTANDING TAX
OBLIGATIONS INCLUDING APPLICABLE PENALTIES AND INTEREST.
(C) TAX COMPLIANCE VERIFICATION IS NOT REQUIRED FOR PURCHASES
WHEN THE CITY CONDUCTS BUSINESS WITH OR THROUGH OTHER FEDERAL,
STATE OR LOCAL GOVERNMENTAL AGENCIES.]
7.15.010 Purchase Authority.
All purchases of supplies, materials, equipment, professional and contractual
services for the offices, departments, and agencies of the City government shall be
made by the City Manager or by other City personnel in accordance with purchase
authorizations issued by the City Manager or approved by City Council.
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7.15.020 Purchases Requiring Council Approval.
(a) Every contract for, or purchase of, fifteen thousand dollars ($15,000) or more of
supplies, materials, equipment, professional or contractual services shall require the
prior approval of the Council. The only exceptions will be:
(1) Utility bills (i.e., electricity, gas, fuel, and telephone);
(2) City’s routine investment purchasing;
(3) Monthly payments for payroll deductions (i.e., income tax, F.I.C.A.,
retirement, and fringe benefits), including both employer’s and
employee’s share;
(4) Authorized debt; or
(5) Monthly contracted janitorial service.
(b) All such exceptions will be paid when they fall due and payments will be ratified
by Council at the next regular Council meeting.
7.15.030 Informal Purchasing for Minor Purchases.
(a) Purchases for supplies, materials, equipment and contractual services in the
amount of $35,000 or less shall be purchased as follows:
(1) Purchases up to $10,000 may be made without formal purchasing
procedures as long as the price is known to be fair and reasonable within
the available market.
(2) Purchases greater than $10,000 but less than $25,000 require the
solicitation of three or more written quotes using an applicable
purchasing form. If three quotes cannot reasonably be obtained, a
written justification must be documented on an applicable purchasing
form.
(3) Purchases of $25,000 or greater, but no more than $35,000 require the
same competitive bid procedures as required for Large Purchases, unless
waived in writing by the City Manager with justification provided on an
applicable purchasing form. Justification for waiving Large Purchase
procedures may include the need for expedited procurement and
conservation of City resources. At a minimum, procedures for purchases
greater than $10,000 but less than $25,000 must be utilized.
(b) Purchases for supplies, materials, equipment and contractual services in the
amount of $35,000 or less shall be made from the lowest responsive source.
7.15.040 Competitive Bidding for Large Purchases.
(a) Before any purchase of, or contract for, supplies, materials, equipment, or
contractual services in excess of $35,000 is made, an invitation to bid shall be
published, a minimum of two times at least two weeks prior to the date bids are due
in a newspaper of general circulation within the City. Invitations to bid may also be
advertised in other appropriate forums.
(b) The purchase of, or contract for, supplies, materials, equipment, or contractual
services subject to subsection (a), shall be awarded to the most responsible bidder
pursuant to subsection (f).
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(c) When such purchases are to be made from Federal or State grant funds, any
and all conditions, provisions, or requirements which may be necessary to comply
with the required Federal or State laws, rules, or regulations with respect to such
grants may be inserted in the bid and contract documents, and will be complied
within the award of the bid for such purchases.
(d) All bids shall be sealed and shall be opened in public at a designated time and
place.
(e) The City may repeatedly reject all bids and again may submit to the same or
other persons, firms, or corporations the request for quotations (or invitation to bid)
and/or again publish notice of the proposed purchase.
(f) The City shall purchase from the lowest responsible bidder, basing a
determination on responsibility of the bidder on the following factors: adherence to the
bid specifications, quality, proposed terms of delivery, any additional cost to the City
that would be incurred due to location of the bidder, performance record, financial
capability, and compliance with conditions imposed in the solicitation for bids. If after
consideration of the bids, bidder responsibility, the City determines that two (2) or
more bidders are equally competitive, the City may purchase from one such bidder or
may divide the purchase among them, but always accepting the bid or bids most
advantageous to the City
7.15.050 Competitive Sealed Proposals for Construction or Management
Services.
(a) When the use of competitive sealed bidding for construction projects is either
not practicable or not advantageous to the City, a contract may be entered into by use
of the competitive sealed proposals method.
(b) Competitive sealed proposals may also be used for Management Services of City
Facilities, Properties or Services.
(c) Proposals shall be solicited through a request for proposals.
(d) When the City Council determines that it is advantageous to the City, the City
may issue a request for proposals requesting the submission of offers to provide
construction in accordance with a design provided by the offeror or for management
services.
(e) Adequate public notice of the request for proposals shall be given in the same
manner as provided in KMC 7.15. 040.
(f) A register of proposals shall be prepared containing the name of each offeror,
the number of modifications received, if any, and a description sufficient to identify
the item offered.
(g) The request for proposals shall state the relative importance of price and other
evaluation factors.
Page 16 of 148
(h) As provided in the request for proposals, discussions may be conducted with
responsible offerors who submit proposals determined to be reasonably susceptible of
being selected for award for the purpose of clarification to assure full understanding
of, and conformance to, the solicitation requirements. Offerors shall be accorded fair
and equal treatment with respect to any opportunity for discussion and revision of
proposals and such revisions may be permitted after submissions and prior to award
for the purpose of obtaining best and final offers.
(i) Award shall be made to the responsible offeror whose proposal is determined in
writing to be the most advantageous to the City, taking into consideration price and
the evaluation factors set forth in the request for proposals. No other factors or criteria
shall be used in the evaluation. The contract file shall contain the basis on which the
award is made.
(j) Proposals shall be received at the time and place designated in the request for
proposals, and shall be opened so as to avoid disclosing their contents to competing
proponents during the process of negotiation. Proposals shall be open to public
inspection only after the contract award. However, the City shall issue a notice of
intent to award to all responding proposers at least seven (7) days prior to Council
approval. Upon request by a competing proponent, the recommended awardee’s
proposal shall be opened for review.
7.15.060 Procurement of Professional Services.
(a) Professional services for a total contract amount, including all reasonably
foreseeable change orders and modifications, less than $10,000 may be procured in
any reasonable manner.
(b) Professional services for a total contract amount, including all reasonably
foreseeable change orders and modifications, of between $10,000 and $35,000 require
the solicitation of three or more quotes with written documentation on an applicable
purchasing form. If three quotes cannot reasonably be obtained, a written justification
must be documented on an applicable purchasing form.
(c) Professional services procured in an amount in excess of $35,000 must be
solicited by issuing a request for proposals. The request for proposals shall state, or
incorporate by reference, all specifications and contractual terms and conditions to
which a proposal must respond, and shall state the factors to be considered in
evaluating proposals and the relative importance of those factors. Public notice of a
request for proposals shall be published a minimum of two times at least two weeks
prior to the date proposals are due in a newspaper of general circulation within the
City and may be advertised in other appropriate forums. A request for proposals may
be modified or interpreted only in written addenda.
(d) The City may negotiate with one or more qualified and responsible proponents
whose proposals are determined to be reasonably responsive to the request for
proposals. Negotiations shall be used to clarify and assure full understanding of the
requirements of the request for proposals. Proponents may be permitted to revise their
proposals after submission and prior to award to obtain best and final offers.
Page 17 of 148
Proponents deemed eligible for negotiations shall be treated equally regarding any
opportunity to discuss and revise proposals. Specific fee schedules shall be kept
confidential until after the notice of intent to award is distributed.
(e) Awards shall be made by written notice to the qualified and responsible
proponent whose final proposal is determined to be most advantageous to the City. No
criteria other than those set forth in the request for proposals may be used in proposal
evaluation. If the City Manager determines that it is in the best interest of the City to
do so, the City may reject any and all proposals.
(f) Legal services may be procured by direct negotiation with an attorney or law
firm qualified to undertake the type of legal assistance required subject to Council
approval for services of $15,000 or greater. Negotiations or contracts for the services of
legal counsel shall be pursued by the City Attorney, or in the case of a conflict of
interest, the City Council or City Manager.
7.15.070. Innovative Procurements and Other Exceptions.
(a) A contract may be awarded for supplies, services, professional services, or
construction using an innovative procurement process, with or without competitive
sealed bidding or competitive sealed proposals. A contract may be awarded under this
section only when the City Manager or designee determines in writing to the City
Council that it is advantageous to the City to use an innovative competitive
procurement process in the procurement of new or unique requirements of the City,
new technologies, or to achieve the best value. This process is appropriate when it may
be in the best interest of the City to consider an award to other than the lowest priced
offer or other than the highest technically rated offer.
(1) To utilize an innovative procurement procedure the requesting
department shall submit:
(A) a detailed procurement plan to the City Manager for review and
approval before public notice is issued as required under KMC
7.15.040. The plan shall, at a minimum, address the method of
solicitation, scope, method of award, protest procedures, and
proposed contract provisions, and
(B) an explanation of how use of this procedure will achieve the best
value, or why it is advantageous to the City. To the maximum
extent allowed by law, costs and benefits associated with the
location of the bidder, may be considered in determining the best
value for the City.
(2) When using the process authorized in this section, all of the following
apply:
(A) The City Manager must first approve the use of the proposed
innovative procurement plan.
(B) All evaluation factors and significant sub-factors that will affect
the contract award and their relative importance shall be clearly
stated in the solicitation.
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(C) The solicitation shall state whether all evaluation factors other
than cost or price, when combined, are significantly more
important than, approximately equal to, or significantly less
important than cost or price.
(D) In developing evaluation factors, generally, where the requirement
is clearly definable and the risk of unsuccessful contract
performance is minimal, cost or price may play a dominant role in
source selection. The less definitive the requirement, the more
development work required, or the greater the performance risk,
the more technical or past performance considerations may play a
dominant role in source selection.
(b) The following may be purchased without giving an opportunity for competitive
bidding:
(1) Supplies, materials, equipment, or contractual services which can be
furnished only by a single dealer or which has a uniform price wherever
bought;
(2) Supplies, materials, equipment, or contractual services purchased from
another unit of government at a price deemed below that obtainable from
private dealers, including war surplus;
(3) Contractual services purchased from a public utility corporation at a
price or rate determined by State or government authority.
(4) Supplies, materials, equipment or contractual services purchasable
under the contract of another governmental agency in which contract the
City is authorized to participate.
(5) The City may award a contract for supplies, contractual services, or
professional services without competition, formal advertising or other
formal procedure where the City Manager determines in writing that an
emergency threatening the public health, safety or welfare requires that
the contract be awarded without delay. The City Manager shall make a
report on such contract to the Council no later than the next regular
meeting following award of the contract.
(A) For purposes of this subsection, an “emergency” is defined as the
occurrence or imminent threat of widespread or severe damage,
injury, loss of life or property, or shortage of food, water, or fuel
resulting from:
(i) An incident such as storm, high water, wind-driven water,
tidal wave, tsunami, earthquake, volcanic eruption,
landslide, mudslide, avalanche, snowstorm, prolonged
extreme cold, drought, fire, flood, epidemic, explosion or
riot;
(ii) The release of oil or a hazardous substance if the release
requires prompt action to avert environmental danger or
mitigate environmental damage;
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(iii) Equipment failure if the failure is not a predictably frequent
or recurring event or preventable by adequate equipment
maintenance or operation;
(iv) Enemy or terrorist attack or a credible threat of imminent
enemy or terrorist attack in or against the State that the
Adjutant General of the Department of Military and
Veterans Affairs or a designee of the Adjutant General, in
consultation with the Commissioner of Public Safety or a
designee of the Commissioner of Public Safety, certifies to
the Governor has a high probability of occurring in the near
future; the certification must meet the standards of AS
26.20.040(c); in this subsection, “attack” has the meaning
given under AS 26.20.200; or
(v) An outbreak of disease or a credible threat of an imminent
outbreak of disease that the Commissioner of Health and
Social Services or a designee of the Commissioner of Health
and Social Services certifies to the Governor has a high
probability of occurring in the near future; the certification
must be based on specific information received from local,
state, federal, or international agency, or another source
that the Commissioner or the designee determines is
reliable.
7.15.080 Local Preferences.
(a) In awarding competitive bid purchases or purchases of $25,000 or greater, but
no more than $35,000 under KMC 7.15.030(a)(3), preference may be given to an
otherwise qualified “local bidder” unless such preference is prohibited by the funding
source.
(b) An award shall be made to the lowest responsible bidder pursuant to KMC
7.15.040(f) of this chapter as applicable, except that a bid shall be awarded to a local
bidder if the local bidder’s bid is not more than five percent (5%) higher than the
lowest responsible non-local bidder’s bid and such award is permitted by the funding
source; provided, however, such preference shall never exceed twenty-five thousand
dollars ($25,000), and further provided that the other provisions of this chapter as
applicable, have been met and the City chooses to award the bid. This preference will
not be granted where the City uses non-competitive purchasing as provided in this
chapter.
7.15.090 Sales, Surplus, Competitive Bidding.
(a) Except as provided in subsection (d) no surplus or obsolete supplies, materials,
or equipment may be sold (except by trading in on other goods or services) until the
Council shall have declared them obsolete or surplus. Before the City Manager sells
any surplus or obsolete supplies, materials, or equipment, except as otherwise
provided in the next section, he or she shall advertise them for sale in a newspaper of
general circulation in the City or give notice in such manner as he or she deems
necessarily adequately to reach prospective buyers to give them an opportunity to
make bids. All bids shall be sealed and shall be opened in public at a designated time
and place, except when the sale is by auction or by an internet sale process.
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(b) The Council may by resolution, include such terms and conditions as it deems
appropriate, declare and authorize sale of surplus or obsolete supplies, materials or
equipment by a broker if the nature of items is such that sale by broker is in the best
interest of the City. The City Manager shall submit a written report to the Council of
any item sold by a broker including the commission, buyer, and the terms and
conditions of the sale. Such written report shall be included in a council packet within
thirty (30) days after the sale date.
(c) The City Manager may repeatedly reject all bids and advertise or give notice
again. He or she shall sell such supplies, materials, or equipment to the highest
responsible bidder for cash. In case of a tie, he or she may sell to either of the bidders
tying, or may divide the sale among two (2) or more tying, always selling to the highest
responsible bidder or bidders for cash.
(d) Collection materials removed by the librarian pursuant to the library’s
collection development policy may be sold, traded or otherwise disposed of without
further declaration by Council and in any manner deemed appropriate by the librarian
as long as the sale, trade or disposal is in the best interest of the library. All ethical
and conflicts of interest provisions described by City ordinance, resolution, policy, or
regulation must be fully complied with in such sale, trade, or disposal. Within thirty
(30) days of the end of each fiscal year, the librarian shall provide a full accounting to
the City Manager and Council of all materials sold, traded or otherwise disposed of the
prior fiscal year.
7.15.100 Purchases and Sales—Certain City Officers.
Purchases from, and sales to, the City Manager and Councilpersons shall also
be governed by the City Charter, Section 5-8 except as follows:
(a) The City Manager, Council persons, and City employees may sell or barter
anything to the City, or make a contract with the City, or purchase anything from the
City without the necessity of competitive sealed bids provided such sales, contract, or
purchases involve a consideration of not more than five hundred dollars ($500) in
value.
(b) Any sale, contract or purchase, of not more than five hundred dollars ($500)
authorized under subsection (a) above, must be made at such prices or rates
prevailing in the community and without favoritism or discrimination.
7.15.110 Tax Compliance.
(a) No contract that requires competitive bidding pursuant to a City ordinance may
be awarded to an individual or business that is in violation of City tax ordinances
unless the violation is cured within ten (10) business days of notice.
(b) If an individual or business becomes delinquent on any City tax obligation
during the term of a contract, the City may terminate the contract if not cured within
ten (10) business days of notice, and the City may offset amounts owed by the City to
the individual or business under a contract for the amount of outstanding tax
obligations including applicable penalties and interest.
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(c) Tax compliance verification is not required for purchases when the City
conducts business with or through other Federal, State or local governmental
agencies.
7.15.120 Appeal Procedures.
(a) Any party submitting a bid or proposal for a contract with the City and who
believes that they are adversely affected by the City’s relevant ordinances, regulations,
procurement process, or by any acts of the City in connection with the award of a City
contract, may file a protest appeal with the City Clerk. All protest appeals must be to
the City within five (5) calendar days of the issuance of the City’s notice of its intent to
award the contract. The appeal must be hand delivered, delivered by mail, or by
facsimile and must comply with all requirements of this section. If the fifth day is a
City-recognized holiday or a weekend, the deadline for appeal shall be the next work
day. It is up to the protester to choose a method of delivery to assure timely receipt by
the City.
(b) Rejection of Appeal. The Clerk shall reject an untimely or incomplete appeals.
Such rejection shall be final and may be appealed to the Superior Court pursuant to
the Court Rules of Appellate Procedure.
(c) The protest appeal must be in writing and shall include the following
information:
(1) the name, address, e-mail, and telephone (and facsimile if available)
numbers of the protester;
(2) the signature of the protester or the protester's representative;
(3) identification of the contracting agency and the solicitation or contract at
issue;
(4) a statement of the legal and factual grounds of the protest, including
copies of relevant documents; and,
(5) the form of relief requested.
(d) Stay of award. If a timely and complete protest appeal is filed, the award of the
contract shall be stayed until all administrative remedies have been exhausted, unless
the City Manager determines in writing that award of the contract pending resolution
of the appeal is in the best interests of the City.
(e) Notice and response. Notice of the stay and protest appeal shall be delivered to
any party who may be adversely affected by the City Manager's decision by facsimile,
first class mail or in person within three (3) business days of receipt of a properly filed
appeal.
(f) City Manager Decision. The City Manager shall issue a written decision to the
appellant within ten (10) business days of the date the appeal is filed. If multiple
appeals have been filed, they may be consolidated for purposes of the decision. Copies
of the appeal and decision shall be provided to any interested party requesting one.
The decision may include any lawful action, including without limitation an
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amendment of all or any part of the recommended award. For good cause shown, the
City Manager may extend the date for the decision for such additional period as may
be necessary.
(g) If the City Manager sustains a protest in whole or in part, the City Manager
shall implement an appropriate remedy. In determining an appropriate remedy, the
City Manager shall consider the circumstances surrounding the solicitation or
procurement including the seriousness of the procurement deficiencies, the degree of
prejudice to other interested parties or to the integrity of the procurement system, the
good faith of the parties, the extent the procurement has been accomplished, costs to
the agency and other impacts on the agency of a proposed remedy, and the urgency of
the procurement to the welfare of the City.
(h) Notwithstanding subsections (a) and (b) immediately above, if the City Manager
sustains a bid protest appeal in whole or part, the protester's damages shall not
exceed the reasonable bid or proposal preparation costs.
(i) Appeal to superior court. Appeals may be taken from the written decision of the
City Manager within thirty (30) days of the date of the decision pursuant to Part VI of
the Alaska Rules of Appellate Procedure.
7.15.130 Definitions.
The following definitions apply for this Chapter:
(a) “Contractual Services,” means services other then professional services
performed for the City by persons not in the employment of the City, and may include
the use of equipment or the furnishing of commodities in connection with said services
under express or implied contract. Contractual services shall include: travel, freight,
express, parcel post, postage, telephone, telegraph, utilities, rents, printing and
binding, repairs, alterations, and maintenance of buildings, equipment, streets,
bridges, and other physical facilities of the City, and other services performed for the
City by persons not in the employment of the City.
(b) A “Local Bidder” is a person who:
(1) Holds a current state business license, and in addition for construction
contracts, holds a current, appropriate state contractor’s registration
certificate;
(2) Submits a bid for a competitive purchase or construction contract under
the name as appearing on the person’s license and, where applicable, a
certificate;
(3) Has continuously maintained a physical place of business within the
Kenai Peninsula Borough, staffed by the bidder or an employee of the
bidder for a period of ninety (90) days immediately preceding the date of
the bid opening. Bidder must prove compliance with this requirement to
the City’s satisfaction. Mere maintenance of a mail box or telephone
answering service, for example, is not sufficient to comply with this
provision; and
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(4) If a joint venture, is composed entirely of venturers that qualify under
this section.
(c) “Management Services,” means services provided by a third party to manage or
operate a facility or property owned by the City or services provided by the City.
(d) “Professional Services,” means all advisory, consulting, technical, research or
other services, such as architectural, engineering, land surveying, legal and financial,
which involve the exercise of discretion and independent judgment together with an
advanced or specialized knowledge, expertise or training gained by formal studies or
experience.
Section 3. Amendment of Chapter 7.25 of the Kenai Municipal Code: That Kenai
Municipal Code, Chapter 7.25–City Budget, is hereby amended by enacting a new code
section as follows:
7.25.120 Setting Fee Schedules.
The Council may adopt and amend a fee schedule specifying the rates, charges,
or fees imposed by the city. Unless otherwise provided in the Kenai Code of
Ordinances, any rates, charges, or fees imposed by the City of Kenai shall be set by
the city manager and shall be effective upon approval by resolution of the Council.
Section 4. Severability: That if any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby
declares that it would have enacted the remainder of this ordinance even without such
part, provision, or application.
Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall
take effect 30 days after adoption.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of
October, 2015.
______________________________________
PAT PORTER, MAYOR
ATTEST:
___________________________________
Sandra Modigh, City Clerk
Introduced: September 2, 2015
Enacted: October 7, 2015
Effective: November 6, 2015
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MEMO:
TO: City Council
FROM: Rick Koch, City Manager
DATE: October 1, 2015
SUBJECT: Work Session Materials – Repealing & Re-Enacting Purchasing
Code, Ordinance 2852-2015
The purpose of this correspondence is to provide Administration’s review of the proposed
purchasing code re-write, and to provide general, and specific recommendations.
Much of this correspondence echoes the Administration’s previous communications, but there
are some specific changes as a result of changes to the proposed code amendment.
Present Purchasing Code
From the perspective of the Administration, the current purchasing code provides both the
flexibility and guidance necessary to ensure the business of the municipal corporation is
conducted in a legal, fair, and ethical manner, while at the same time providing an appropriate
degree of flexibility to respond to procurement schedules, and conditions, without imposing
administratively intense, costly, and inefficient regulation.
The majority of similar jurisdictions have incorporated higher dollar levels of procurement
controls, as the cost of goods and services tend to increase in cost over time. If Council desires
to amend the existing code, or adopt new code, this would be an opportune time to increase
current dollar limitations for various levels of procurement activities.
The guidance presently provided in KMC 7.15, efficiently and effectively meets the needs of the
municipal corporation, and with minor amendments to recognize the increased costs of goods
and services would continue to meet the City’s and citizens of Kenai’s needs.
While incorporated into Bid documents, it would be appropriate to include a bid protest
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
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process in the City’s purchasing code.
Proposed New Purchasing Code
The proposed new code provides for a decrease in limits in several areas of normal
procurement activity. In general, similar jurisdictions provide for higher dollar levels of informal
procurement rather than less.
In the event that Council adopts in whole, or in part, the proposed purchasing code,
Administration respectfully requests your consideration of the following amendments:
1. KMC 7.15.020, Purchases Requiring Council Approval. This provision mirrors existing
code which requires Council approval for all purchases of supplies, materials,
equipment, and contractual services exceeding $15,000.
Administration Recommendation: Increase the limit for purchases of supplies,
materials, equipment, and contractual services requiring Council Approval from
$15,000 to $25,000. Similar jurisdictions have limits from $20,000 to $50,000, and
several jurisdictions, including the City of Homer and the Kenai Peninsula Borough
do not require Council/Assembly approval if the expenditure is included in the
adopted budget.
2. KMC 7.15.030(a), Increases limit for informal purchasing of supplies, materials,
equipment, and contractual services from $25,000 to $35,000.
Administration Recommendation: Increase limit from $25,000 to $50,000. Council
approval for informal purchasing should also be amended to include all purchases
in excess of $25,000 (provided in No. 1, above).
3. KMC 7.15.030(a)(1), decreases limit for informal purchases without competition
from $15,000 to $10,000.
Administration Recommendation: Retain existing limit for informal purchases
without competition at $15,000. As a matter of Administrative Policy, competitive
bids are already obtained for the majority of purchases below $15,000, but there is
a number of informal purchases up to $15,000 that can only be accomplished
through a single supplier.
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4. KMC 7.15.030(a)(2), decreases the limit for which three written quotes are required
from $15,000 to $10,000.
Administration Recommendation: Retain existing limit for informal purchases
without competition at $15,000. As a matter of Administrative Policy, competitive
bids are already obtained for the majority of purchases below $15,000, but there is
a number of informal purchases up to $15,000 that can only be accomplished
through a single supplier.
5. KMC 7.15.030(a)(3), requires purchases greater than $25,000 , but no more than
$35,000 to follow competitive bids procedures for large purchases (greater than
$35,000), allows for administrative waivers, but requires procedures for purchases
between $10,000-$25,000, at a minimum.
Administration Recommendation: Eliminate this provision in its entirety. It is
confusing and provides for three different administratively-intense procedures.
Administration recommends utilizing informal purchasing procedures between
$25,000-$50,000, which require solicitation of three or more written quotes, and
Council approval (No. 2, above).
6. KMC 7.15.030(b), provides that purchases for supplies, materials, equipment, and
contractual services in the amount of $35,000 or less be made from the lowest
responsible source.
Administration Recommendation: Eliminate in its entirety and replace with
“Purchases for supplies, materials, equipment, and contractual services, shall be
made from the responsive and responsible supplier and/or contractor providing
the lowest price.”
7. KMC 7.15.040, provides for purchase of supplies, materials, equipment, and
contractual services in excess of $35,000 be defined as a “large purchase” and follow
formal competitive procurement procedures.
Administration Recommendation: Large Purchases should be defined as greater
than $50,000. Formal procedures extend the period of procurement by a minimum
of 30 days. This requirement for relatively small procurements, especially for
construction services, during the short summer construction season will have a
negative impact.
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8. KMC 7.17.050 provides for a competitive sealed proposal process for procurement
of management services.
Administration Recommendation: Eliminate “Management Services.”
Management Services under the existing code are considered professional
services. The proposed procurement code, and other similar jurisdictions define
professional services as “a service which involves the exercise of discretion and
independent judgment together with advanced or specialized knowledge,
expertise or training gained by formal studies or experience, and includes without
limitation a service provided by an engineer, architect, attorney or accountant.”
The City presently contracts for management services of the golf course, Vintage
Pointe, multi-purpose facility (ice maintenance), Recreation Center, and Visitor’s
Center. Each of these management contracts, to differing degrees, require
advanced or specialized knowledge, discretion, and independent judgment.
Administration recommends that management services be removed from the
proposed KMC 7.15.050 and remain a professional service.
9. KMC 7.15.060, provides for the procurement of professional services, and
established procurement methodologies based on contract/agreement monetary
values.
Administration Recommendation: Present code requires Council approval for
procurement of all professional services above $15,000 in value. The code does not
require a specific procurement methodology for professional services at any level.
Generally, for larger procurements of professional services (greater than $50,000)
the source of funding requires a specific procurement methodology. This has been
the case in the majority of professional service agreements.
Assuming Administration’s recommendation that Council must approve all
procurements exceeding $25,000, Council has the ultimate authority to approve
the methodology employed. If Council, as a matter of policy, desired to place
certain limitations and/or requirements for the procurement of professional
services, that would be appropriate, but to self-limit the Council’s authority, in
Administration’s opinion, is not in the best interest of the Council and/or the City.
Administration recommends that the proposed KMC 7.15.060 be deleted in its
entirety, and the existing code, KMC 7.15.050(E) be retained in a similar
form/meaning.
If the Council adopts the amended purchasing code Administration the following
changes:
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7.15060(a) Delete in its entirety and replace with the following:
“(a) Professional services for a contract amount of less than $50,000
may be procured in any reasonable manner.”
7.15.060(b) delete in its entirety. Professional services are not generally
procured through a quotation process.
7.15.060(c) Delete in its entirety and replace with the following:
“(b) Professional services procured in an amount in excess of $50,000
must be solicited by issuing a request for proposals, unless Council has,
in advance, approved an alternative procurement process. The request
for proposals shall state, or incorporate by reference, all specifications
and contractual terms and conditions to which a proposal must
respond, and shall state the factors to be considered in evaluating
proposals and the relative importance of those factors. Public notice of
a request for proposals shall be published a minimum of two times at
least two weeks prior to the date proposals are due in a publication of
general circulation within the City and may be advertised in other
appropriate forums. A request for proposal may be modified only in
written addenda.”
10. KMC 7.15.080(a), provides for local preference for purchases between $25,000 and
$35,000.
Administration Recommendation: Delete in its entirety and substitute “In
awarding competitive bid purchases of less than $50,000 preference may be given
to an otherwise qualified local bidder, in the amount of 5% of the amount bid,
unless such preference is prohibited by the funding source.
11. KMC 7.15.030(c) Delete in its entirety.
12. KMC7.15.030(d) Renumber to (c) and include “Management Services” as a defined
professional service.
The proposed procurement code limits the City Councils legal procurement powers. If as a
matter of policy Council desires to limit procurement methodologies employed by the
Administration, it is recommended that is a more appropriate action.
There are additional administrative burdens established in the proposed code which will
require more time than presently required to undertake procurement activities. This increased
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work/time commitments may require additional resources either through personnel and/or
contracting.
Summary
Administration recommends retaining the City’s current procurement code with amendments
as have been proposed by the Administration. This would require an additional amendment
defining the City’s present Bid Protest procedure, and other minor changes.
As previously stated, the Kenai City Code presently provides flexibility and guidance, allowing
the City Council to undertake procurement activities utilizing a wide-range of methodologies.
Under the present ($15,000), and Administration recommended ($25,000) limits requiring
Council approval, Council maintains knowledge and control of the City’s procurement activities.
If you have any questions, please contact me at your convenience.
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Sponsored by: City Manager
CITY OF KENAI
ORDINANCE NO. 2855-2015
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE
OFFICIAL KENAI ZONING MAP BY REZONING TRACTS A-1 & A-2, EVERGREEN TRACT
A RESUB; (PARCEL NUMBERS 04314102, 04314101) FROM RURAL RESIDENTIAL (RR)
TO GENERAL COMMERCIAL (CG).
WHEREAS, the City of Kenai as owner of the subject parcels initiated a request to rezone
the parcels; and,
WHEREAS, Kenai Municipal Code Section 14.20.270(b)(1)(c) provides that the request
may be submitted by the property owner in the area to be rezoned; and,
WHEREAS, Kenai Municipal Code Section 14.20.270 describes the amendment
procedures and initiation of Zoning Code and Official Map Amendments; and
WHEREAS, the City of Kenai as owner of the subject parcels has requested to rezone
the parcels from Rural Residential (RR) to General Commercial (CG); and,
WHEREAS, the subject parcels are currently zoned Rural Residential (RR); and,
WHEREAS, the legal descriptions are Tracts A-1 & A-2, Evergreen Tract A Resub; and,
WHEREAS, the parcel addresses are 207 Evergreen Street & 12848 Kenai Spur
Highway; and,
WHEREAS, the Kenai Peninsula Borough parcel numbers are 04314102 and 04314101;
and,
WHEREAS, Kenai Municipal Code Section 14.20.080 states that the intent of the Rural
Residential Zone (RR) is “to provide for low density residential development in outlying
and rural areas in a form which creates a stable and attractive residential environment”;
and,
WHEREAS, Kenai Municipal Code Section 14.20.120 states that the intent of the
General Commercial Zone is “to provide for areas where a broad range of retail,
wholesale, and service establishments is desirable. Uses are regulated to concentrate
commercial development to the greatest extent possible and to prevent any uses, which
would have an adverse effect upon nearby properties. New single – and two (2) family
residential uses and other noncommercial uses, except as otherwise provided in this
chapter, are not permitted in this zone as principal uses because it is intended that land
classified in this zone be reserved for commercial purposes, and because a commercial
zone is not suited to the uses excluded above”; and,
WHEREAS, the 2003 Comprehensive Plan classifies the land use designation of the
subject parcels as Neighborhood Residential District; and,
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WHEREAS, the 2003 Comprehensive Plan defines Neighborhood Residential District as
“single-family and multi-family residential areas that are urban or suburban in
character. Typically, public water and sewer services are in place or planned for
installation. This land use district may include both single-family and multi-family
dwellings subject to reasonable density transitions and/or design compatibility. Formal
public outdoor spaces (parks) are a critical feature in this district. Small home-based
businesses may be accommodated within certain design guidelines. Neighborhood
institutional uses such as churches, schools, and day care facilities may be intermixed
if they comply with neighborhood design guidelines”; and,
WHEREAS, the 2003 Comprehensive Plan defines Neighborhood Commercial areas as
“areas along the arterial road system that are suitable for small-scale neighborhood-
serving retail, service and office uses”; and,
WHEREAS, the 2003 Comprehensive Plan discusses the opportunities and challenges
for existing and future commercial use in the City; and,
WHEREAS, the 2003 Comprehensive Plan provides policy guidelines to consider when
zoning land for commercial uses including, whether there is adequate access to collector
or arterial level streets, adequate public services, whether the zoning will minimize
potential conflicts with adjacent non-commercial uses through site design, landscaping,
or other appropriate measures; and,
WHEREAS, Tracts A-1 & A-2 are located off Evergreen Street and Kenai Spur Highway,
which provides adequate access to the parcels; are served by City water and sewer; and
would separate proposed commercial uses from existing residential uses through site
design and landscaping; and,
WHEREAS, the proposed rezone would enlarge the existing Neighborhood Commercial
Use and result in a General Commercial zone abutting a Suburban Residential zone
which is consistent with parcels east of Evergreen Street and along the Kenai Spur
Highway; and,
WHEREAS, the rezone meets the requirements of Kenai Municipal Code Section
14.20.270; and,
WHEREAS, rezoning the subject parcels to General Commercial (CG) will require
amending the 2003 Comprehensive Plan Land Use Designation from Neighborhood
Residential to Neighborhood Commercial to maintain consistency; and,
WHEREAS, it is in the best interest of the City of Kenai to rezone the area shown on
Attachment A to the General Commercial Zone (CG); and,
WHEREAS, on August 26, 2015, the Kenai Planning and Zoning Commission voted
unanimously to rezone the subject parcels to General Commercial.
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NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that,
Section 1. Form: That this is a non-code ordinance.
Section 2. Amendment of the City of Kenai Official Zoning Map: The Official Kenai
Zoning Map is amended by rezoning the subject parcels shown on
Attachment A from Rural Residential (RR) to General Commercial (CG).
Section 3. Severability: That if any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of
competent jurisdiction, such judgment shall be confined in its operation
to the part, provision, or application directly involved in all controversy in
which this judgment shall have been rendered, and shall not affect or
impair the validity of the remainder of this title or application thereof to
other persons or circumstances. The City Council hereby declares that it
would have enacted the remainder of this ordinance even without such
part, provision, or application.
Section 4. Effective Date: That pursuant to Kenai Municipal Code Section
1.15.070(f), this Ordinance shall take effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of October,
2015.
______________________________________
PAT PORTER, MAYOR
ATTEST:
___________________________________
Sandra Modigh, City Clerk
Introduced: September 16, 2015
Adopted: October 7, 2015
Effective: November 7, 2015
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Sponsored by: Council Member Terry Bookey
Council Member Ryan Marquis
CITY OF KENAI
ORDINANCE NO. 2857-2015
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE
KENAI MUNICIPAL CODE SECTION 3.10.070-LIVESTOCK WITHIN THE CITY LIMITS,
TO ALLOW FOR TWELVE (12) CHICKEN HENS OR LESS TO BE KEPT IN THE RU, RS1,
RS2 AND TSH ZONES AND ON CERTAIN PARCELS WITHIN THE CITY OF KENAI THAT
ARE LESS THAN FORTY THOUSAND (40,000) SQUARE FEET IN SIZE.
WHEREAS, the keeping of chicken hens within the City of Kenai on lots less than forty
thousand (40,000) square feet and in the RU, RS1, RS2 and TSH Zones is currently
prohibited except by conditional use; and,
WHEREAS, residents have expressed an interest in keeping chicken hens on lots less
than forty thousand (40,000) square feet for personal use; and,
WHEREAS, a relatively small number of chicken hens may be kept within populated
areas of the City without causing an unreasonable risk of nuisance or wild animal
attractant if the hens are properly located, managed and maintained; and,
WHEREAS, twelve chicken hens or less is a reasonable number to provide a family with
eggs without having too high a density of chickens which could increase the likely hood
of causing a nuisance or wild animal attractant; and
WHEREAS, the conditional use process may deter otherwise interested residents from
keeping chicken hens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Section 1. Form: That this is a code ordinance.
Section 2. Amendment of Section 3.10.070 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 3.10.070, Livestock within the city limits, is hereby amended
as follows:
3.10.070 Livestock within the city limits.
(a) Except as otherwise provided in this section, no person shall keep or maintain
livestock within the City of Kenai.
(b) Livestock, other than bees, may be kept on lots of forty thousand (40,000) square
feet or greater. No livestock, except twelve chicken hens or less, shall be allowed in the
RU, RS1, RS2 or TSH zones. Twelve chicken hens or less may be kept on any parcel
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with a permitted or nonconforming principal structure. Animals raised for a fur-bearing
purpose are not allowed in any zone. Beekeeping will be restricted as described in
subsection (g).
(c) In this section “livestock” is defined as the following animals:
(1) Cow
(2) Horse
(3) American bison
(4) Llama
(5) Alpaca
(6) Sheep
(7) Swine
(8) Goat
(9) Mule
(10) Donkey
(11) Ratite
(12) Duck
(13) Goose
(14) Chicken
(15) Turkey
(16) Rabbit
(17) Honey bees (Apis mellifera)
(d) (1) Except for the RS1, RS2, RU, TSH zone(s), Animal Control Office may issue
temporary permits of not more than fourteen (14) days for the keeping of livestock not
otherwise allowed for public exhibitions or entertainment events. The Animal Control
Office may impose conditions on the permits as reasonably necessary for sanitation,
safety, or hygiene. The permit may be revoked for a violation of the conditions of the
permit or pertinent section of the Kenai Municipal Code. The City may charge a permit
fee, which fee shall be as set forth in the City’s schedule of fees adopted by the City
Council.
(2) Except in the RU zone, the Animal Control Office may, after notifying
adjoining property owners in writing and allowing reasonable time for comment, issue
a permit for the keeping of livestock for educational or youth activities, such as 4-H,
Future Farmers of America, or Boy/Girl Scouts on lots not otherwise eligible under this
section. The permit shall state the duration of the permit, which shall not exceed two
(2) years, and the type and number of livestock to be kept. The Animal Control Office
may impose conditions on the permits as reasonably necessary for sanitation, safety, or
hygiene. The permit may be revoked for a violation of the conditions of the permit or
Title 3 of the Kenai Municipal Code. Appeal of issuance or revocation of a permit may
be made in writing to the board of adjustment. A permit may be renewed following
written notice and reasonable time for comment to the adjoining property owners. The
City may charge a permit fee, which fee shall be as set forth in the City’s schedule of
fees adopted by the City Council.
(e) Lots on which livestock are kept on the effective date of the ordinance codified in
this section which are not eligible for the keeping of livestock under this section shall
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be considered a non-conforming use of land under KMC 14.20.050. No new or
replacement livestock may be kept or introduced on such lots after the effective date of
the ordinance codified in this section. Offspring of livestock allowed as a non-conforming
use under this section may be kept on such lots only until they are old enough to be
relocated to a site conforming to this section or outside of the city limits.
(f) Except as set forth in subsection (g), below, corrals, pens, hutches, coops or other
animal containment structures must have a minimum setback of [TWENTY-FIVE FEET
(25’)] ten feet (10’) from the property’s side yards, fifty feet (50′) from the front yard, and
ten feet (10′) from the back yard. All animal containment structures must be secure and
in good repair.
(g) No person may keep honey bees, Apis mellifera, in a manner that is inconsistent
with the following requirements or that is inconsistent with any other section of this
code.
(1) Colonies shall be managed in such a manner that the flight path of bees
to and from the hive will not bring the bees into contact with people on adjacent
property. To that end, colonies shall be situated at least twenty-five feet (25′) from any
lot line not in common ownership; or oriented with entrances facing away from adjacent
property; or placed at least eight feet (8′) above ground level; or placed behind a fence at
least six feet (6′) in height and extending at least ten feet (10′) beyond each hive in both
directions.
(2) No person shall keep more than four (4) hives on a lot of ten thousand
(10,000) square feet or smaller, nor shall any person keep more than one (1) additional
hive for each additional two thousand four hundred (2,400) square feet over ten
thousand (10,000) on lots larger than ten thousand (10,000) square feet.
(3) It shall be a violation for any beekeeper to keep a colony or colonies in
such a manner or in such a disposition as to cause any unhealthy condition to humans
or animals.
(4) Beekeepers shall take appropriate care according to best management
practices when transporting hives of bees. Bees being transported shall have entrance
screens or be secured under netting.
(5) The term “hive” as used in this section means the single structure intended
for the housing of a single bee colony. The term “colony” as used in this section means
a hive and its equipment and appurtenances, including bees, comb, honey, pollen, and
brood.
(h) A person seeking relief from the provisions of this section may apply for a
conditional use permit under KMC 14.20.150.
Section 3. Severability: That if any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby declares
that it would have enacted the remainder of this ordinance even without such part,
provision, or application.
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Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall
take effect 30 days after adoption.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of October,
2015.
______________________________________
PAT PORTER, MAYOR
ATTEST:
___________________________________
Sandra Modigh, City Clerk
Introduced: September 16, 2015
Enacted: October 7, 2015
Effective: November 6, 2015
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MEMO:
TO: Mayor Porter, Council Members Molloy, Navarre, Gabriel
and Knackstedt
FROM: Council Members Terry Bookey and Ryan Marquis
DATE: June 9, 2015
SUBJECT: Supporting Memorandum for Ordinance No. 2857-2015
We respectfully ask for your support of Ordinance 2857-2015 because, hey, everyone
has to eat, right?
Thanks!
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
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KENAI CITY COUNCIL WORK SESSION
SEPTEMBER 16, 2015
KENAI CITY COUNCIL CHAMBERS
BRIAN GABRIEL, PRESIDING
NOTES
SFY2017 City of Kenai Capital Priorities for State Funding
Council present: R. Molloy, H. Knackstedt, B. Gabriel, T. Bookey and R. Marquis
Others present: City Manager R. Koch and City Clerk S. Modigh
Vice Mayor Gabriel began the work session at approximately 5:30 p.m. and provided an
overview of the agenda.
City Manager Koch reported that due to the State of Alaska’s fiscal challenges, Administration
was proposing a smaller number of projects at less cost than has been proposed in the past.
Koch further noted that in the event of unanticipated funding opportunities, there were number
of projects that were not ranked, but had been considered.
Koch reviewed the following priorities for State funding requests greater than $100,000:
1. Construction of Wastewater Treatment Plant
Upgrades – Phase II $980,084.00
2. Paving & Improvements to City Streets $1,000,000.00
3. Public Safety Building, Boiler Replacement and
HVAC Improvements and Installation of Bullet
Resistant Windows $360,000.00
4. Improvements/Renovations of the Kenai Senior
Center – Phase I $250,000.00
5. Radio Frequency Identification (RFID) Tagging
Of Library Collection and Self-Sorting Machine $125,000.00
6. City Emergency & Operational Fueling Facility $280,000.00
Koch reviewed the following priorities for state funding requests less than $100,000 (these items
were not placed in any specific order):
Kenai Little League Facility Restrooms $75,000.00
SCADA Upgrade $30,000.00
Replacement of Fire Hose $25,000.00
Public Safety Building, Replace Exterior Windows with
Ballistic Windows $90,000.00
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Self-Contained Breathing Apparatus (SCBA)
Replacement Project – Phase I of III $80,000.00
Beaver Creek Playground Equipment
Replacement/Upgrades $90,000.00
Kenai Community Library, Shelving in the Children’s Room $25,000.00
Koch reviewed the recommendations for state-wide projects:
1. Kenai River South Shore Access for Personal Use
Fishery – Phase II $400,000.00
2. Kenai Spur Highway – Supplemental
Appropriations $30,000,000.00
3. New Fee Shacks and Automated Pay
Parking/Camping Systems (4) for Personal
Use Fishery $225,000.00
4. Lower Kenai River Drift Boat Pull-Out Unknown – Greater than
$3,500.00
5. Bridge Access Road, Pedestrian Pathway $3,000,000.00
Koch advised that Administration will accomplish the following next:
Prepare a resolution for Council adoption establishing the City’s capital priorities.
Schedule a meeting with Senator Micciche, Speaker Chenault and Representative Olson
to discuss the City’s capital priorities and the upcoming Legislative session.
Submit to, and schedule a meeting with Governor Walker to discuss the City’s capital
priorities and the re-appropriation of an existing $1.75 million appropriation for the Kenai
Bluff Erosion Project.
Submit to, and schedule meeting with, Legislators and their staff to discuss the City’s
capital priorities and the re-appropriation of an existing $1.75 million appropriation for the
Kenai Bluff Erosion Project. Legislators included, but not limited to, members of the
Senate and House Finance Committees.
Monitor and provide information as necessary to the Administration and Legislature in
support of the City’s capital priorities.
Council did not recommend any changes to the priorities as proposed by Administration.
The work session was adjourned at 6:15 p.m.
Notes prepared by:
_______________________________
Sandra Modigh, CMC
City Clerk
Page 92 of 148
KENAI CITY COUNCIL – REGULAR MEETING
SEPTEMBER 16, 2015 – 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
VICE MAYOR BRIAN GABRIEL, PRESIDING
MINUTES
A. CALL TO ORDER
A Regular Meeting of the Kenai City Council was held on September 16, 2015, in City Hall Council
Chambers, Kenai, AK. Vice Mayor Brian Gabriel called the meeting to order at 7:00p.m.
1. Pledge of Allegiance
Vice Mayor Gabriel led those assembled in the Pledge of Allegiance.
2. Roll Call
There were present:
Pat Porter, Mayor (telephonic) Henry Knackstedt
Robert Molloy Brian Gabriel, Vice Mayor
Terry Bookey Ryan Marquis
Tim Navarre (telephonic)
A quorum was present.
Also in attendance were:
Rick Koch, City Manager
Scott Bloom, City Attorney
Sandra Modigh, City Clerk
Jamie Heinz, Deputy Clerk
3. Agenda Approval
Mayor Porter noted the following requested revisions/additions to the agenda/packet:
Add to Item F. 1
Resolution No. 2015-50
• Supporting Correspondence
MOTION:
Council Member Molloy MOVED to approve the agenda with requested revisions and requested
UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion.
VOTE: There being no objections, SO ORDERED.
4. Consent Agenda
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MOTION:
Councilor Marquis MOVED to approve the consent agenda, and requested UNANIMOUS
CONSENT; Council Member Bookey SECONDED the motion.
Vice Mayor Gabriel opened public comment for items on the consent agenda; there being no one
wishing to be heard, the public comment was closed.
VOTE: There being no objections, SO ORDERED.
*All items listed with an asterisk (*) are considered to be routine and non-controversial
by the council and will be approved by one motion. There will be no separate
discussion of these items unless a council member so requests, in which case the item
will be removed from the consent agenda and considered in its normal sequence on
the agenda as part of the General Orders.
B. SCHEDULED PUBLIC COMMENTS – None.
C. UNSCHEDULED PUBLIC COMMENTS
Mark Massera apologized and made amends to the Council and community for graffiti; requested
to do community service to clean it up.
D. PUBLIC HEARINGS
1. Ordinance No. 2852-2015 – Repealing and Reenacting Kenai Municipal Code
Chapter 7.15-Purchases and Sales, to Expand Public Solicitation Requirements,
Redefine Professional Services, Define Management Services, Reorganize the
Chapter, Provide an Appeals Process, and Make Other Material and Housekeeping
Changes and Amending Chapter 7.25-City Budget, to Include Setting Fee Schedules.
MOTION:
Councilor Molloy MOVED to enact Ordinance No. 2852-2015; the motion was SECONDED by
Council Member Knackstedt.
Vice Mayor Gabriel opened the public hearing.
Fred Braun spoke in favor of local purchase.
There being no one else wishing to be heard, the public hearing was closed.
A review of the proposed changes and how they would affect the process was provided including
an outline of new sections that address procurement of professional services and also innovative
procurements.
MOTION:
Councilor Molloy MOVED to postpone Ordinance No. 2852-2015 to October 7, 2015; the motion
was SECONDED by Council Member Knackstedt.
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VOTE:
YEA: Porter, Knackstedt, Molloy, Navarre, Marquis, Bookey, Gabriel
NAY:
MOTION PASSED UNANIMOUSLY.
2. Ordinance No. 2853-2015 – Accepting and Appropriating a Federal Grant from the
Institute of Museum and Library Services (IMLS) Passed through the Alaska State
Library for Employee Travel and Training.
MOTION:
Councilor Knackstedt MOVED to enact Ordinance No. 2853-2015; the motion was SECONDED
by Council Member Bookey.
Vice Mayor Gabriel opened the public hearing; there being no one wishing to be heard, the public
hearing was closed.
The Library Director was thanked for her work in securing grant funding.
VOTE:
YEA: Porter, Knackstedt, Molloy, Navarre, Marquis, Bookey, Gabriel
NAY:
MOTION PASSED UNANIMOUSLY.
3. Ordinance No. 2854-2015 – Increasing Estimated Revenues and Appropriations by
$41,000 in the Airport Fund and in the Airport Improvement Capital Project Fund for
the 2016 Airfield Marking & Signage Project and Awarding a Contract to Wince-
Corthell-Bryson Consulting Engineers for Design Services.
MOTION:
Councilor Knackstedt MOVED to enact Ordinance No. 2854-2015; the motion was SECONDED
by Council Member Bookey.
Vice Mayor Gabriel opened the public hearing; there being no one wishing to be heard, the public
hearing was closed.
VOTE:
YEA: Porter, Knackstedt, Molloy, Navarre, Marquis, Bookey, Gabriel
NAY:
MOTION PASSED UNANIMOUSLY.
Page 95 of 148
4. Resolution No. 2015-51 – Consenting to the Vacation of Certain Right-of-Ways within
the Proposed Beluga Subdivision 2015 Replat & Right-of-Way Vacation.
MOTION:
Councilor Marquis MOVED to adopt Resolution No. 2015-51 and requested UNANIMOUS
CONSENT; the motion was SECONDED by Council Member Bookey.
Vice Mayor Gabriel opened the public hearing; there being no one wishing to be heard, the public
hearing was closed.
VOTE: There being no objections, SO ORDERED.
E. MINUTES
1.*Regular Meeting of September 2, 2015
Minutes were approved by the consent agenda.
F. UNFINISHED BUSINESS
1. Resolution No. 2015-50 – Authorizing the Purchase of the Following Seven Parcels
of Real Property: Government Lot 15, Section 7, Township 5 North, Range 11 West,
Seward Meridian; Lots 1, 2, 3, and 4, Dragseth Subdivision, According to Plat KN 77-
56; and Lots 5A and 6A Dragseth Subdivision No. 2 According to Plat KN 91-33, all in
the Kenai Recording District, Third Judicial District, State of Alaska, Including all
Improvements thereon, from ARK Properties, LLC for the Purpose of Constructing
Improved Public Access to the City’s South Beach.
[Clerk’s Note: At its September 2nd meeting, the Resolution was postponed as amended to
September 16th meeting. A motion to adopt is on the floor.]
MOTION TO AMEND :
Council Member Molloy MOVED to amend with substitute Resolution No. 2015-50; the motion
was SECONDED by Council Member Knackstedt.
VOTE:
YEA: Porter, Knackstedt, Molloy, Navarre, Marquis, Gabriel
NAY: Bookey
MOTION PASSED.
MOTION TO AMEND :
Council Member Bookey MOVED to amend the last paragraph of section to add the words,
“provided to council,” so the paragraph reads for the price of one million six hundred thousand
dollars ($1,600,000) plus closing costs allocated in the Purchase and Sales Agreement Attached
hereto and complete the purchase price subject to a professional appraisal, provided to council,
that supports the purchase price, title reports, surveys and satisfactory results of any other
Page 96 of 148
relevant due diligence inquires the City Manager may make; the motion was SECONDED by
Council Member Marquis who requested UNANIMOUS CONSENT.
VOTE: There being no objections, SO ORDERED.
Administration provided an explanation of the process moving forward advising the land would be
purchased using grant funds, then rezoned into two tracts. Upon the sale of the parcel with
improvements, via proposal process, proceeds of the sale were to be returned to the State and
deposited into the grant to be available for improvements such as building a road. City Attorney
Bloom explained that proceeds from sales of land, not in trust, must be placed in the permanent
fund and in this situation, the City would accept the property in trust for the purpose of complying
with the grant. He further explained that the state had required that all proceeds be submitted to
the State to ensure use of the funds would be governed by the grant and not go to the City’s
general fund.
Vice Mayor Gabriel re-opened the public hearing after amendments had been made to the
Resolution.
Jason Yeoman, spoke in favor of purchasing the properties without residences. He pointed out
that although there have been improvements in how access to the fishery has been handled, it
was still not working because property owners have been tolerating trespassing and noise.
Additionally he advised that there are too many people to police and an abundance of noise;
however, he realized that the dipnet fishery enhanced the economy of Kenai.
There was general discussion regarding road locations and access sites that wouldn’t affect
wetlands, the inability to purchase only the properties needed, and Administration’s ability to
negotiate the proposal.
VOTE ON THE MAIN MOTION:
YEA: Porter, Knackstedt, Molloy, Navarre, Gabriel
NAY: Bookey, Marquis
MOTION PASSED.
Councilor Navarre and Mayor Porter were excused from the meeting at 8:13 p.m.
G. NEW BUSINESS
1. *Action/Approval – Bills to be Ratified.
Approved by the consent agenda.
2. *Action/Approval – Purchase Orders Exceeding $15,000.
Approved by the consent agenda.
3. *Action/Approval – Appointment of the 2015 Municipal Election Precinct Election
Boards.
Page 97 of 148
Approved by the consent agenda.
4. *Ordinance No. 2855-2015 – Amending the Official Kenai Zoning Map by Rezoning,
Tracts A-1 & A-2, Evergreen Tract a Resub; (Parcel Numbers: 04314102, 04314101)
from Rural Residential (RR) to General Commercial (CG).
Introduced on the consent agenda and public hearing set on October 7, 2015.
5. *Ordinance No. 2856-2015 – Accepting and Appropriating Reimbursement Funds in
the Amount of $16,818.31 Received for Support of Card Street Fire Suppression
Efforts.
Introduced on the consent agenda and public hearing set on October 7, 2015.
6. *Ordinance No. 2857-2015 – Amending the Kenai Municipal Code Section 3.10.070-
Livestock within the City Limits, to Allow for Twelve (12) Chicken Hens or Less to be
Kept in the RU, RS1, RS2 and TSH Zones and on Certain Parcels within the City of
Kenai that are Less than Forty Thousand (40,000) Square Feet in Size.
Introduced on the consent agenda and public hearing set on October 7, 2015.
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging – It was reported that the Council heard from a representative from
the Peninsula Family Caregiver Support Program and also that they discussed respite
services and capital improvement priorities; want the City to request a re-appropriation
of funding for the bluff stabilization project and a backup generator for the Senior
Center.
2. Airport Commission – It was reported that the Commission heard from Dick Page and
Dan Fitz regarding leases and that the Commission would like to schedule a work
session with Council regarding airport leases. An update on the master plan and FY16
goals and objectives were also topics discussed at the meeting.
3. Harbor Commission –next meeting is September 21.
4. Parks and Recreation Commission – no report.
a. Event Park Sub-Committee – It was reported that the sub-committee was tasked
with scoping out a concept for an event park in Kenai and at their September 8
meeting, introductions were made and a name and mission statement were
developed.
5. Planning and Zoning Commission – It was reported that a plat was approved at the
September 9 meeting. It was also reported that there would be a work session on
September 22 regarding marijuana and joint work session with the Airport Commission
was anticipated to be scheduled in October for the airport rezone.
6. Beautification Committee – Summary in the packet.
7. Mini-Grant Steering Committee – no report.
Page 98 of 148
I. REPORT OF THE MAYOR
Vice Mayor Gabriel reported on behalf of Mayor Porter on the following:
• Attended Labor Day picnic at KCHS
• Attended the W omen’s Olympic Rugby Team reception
• Hosted Saturday Coffee with the Mayor
• An open house for the ABC Pregnancy Care Center held on September 19 to
celebrate new facility
• Work session coming up regarding renewal of City Attorney’s contract
Vice Mayor Gabriel reported on the following:
• Attended Municipal Park celebration; thanked Frates and staff
J. ADMINISTRATION REPORTS
1. City Manager reported on the following:
• Expects the draft dipnet fishery report to be presented by the next meeting; will
ask for a work session
• On November 2, a meeting has been scheduled for Council to meet with area
legislators regarding capital budgets and other issues
• Expects a report on sales tax revenues for city of Kenai to be presented at the
next meeting
2. City Attorney – reported he and Koch would be traveling to Anchorage to watch the
oral arguments in the City of Kenai vs. Cook Inlet Natural Gas Storage Alaska LLC
court case.
3. City Clerk – reported that early and absentee voting would begin September 21
through October 6, during business hours, at City Hall.
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
Jennifer Showalter-Yeoman, invited Council to the dedication of Raven Circle at the Dena’ina
Wellness Center; mural by Joel Isaac.
2. Council Comments
Councilor Knackstedt attended park dedication; attended the Kenai Historical Society meeting;
requested an action/approval item regarding a policy for sale of airport lands with the intent to
direct administration to develop a policy.
Councilor Molloy thanked those that spoke and testified.
L. EXECUTIVE SESSION – None
M. PENDING ITEMS
Page 99 of 148
1. Resolution No. 2015-12 – Supporting Alaska State Senate Bill 1, an Act Prohibiting
Smoking in Certain Places; Relating to Education on the Smoking Prohibition.
N. ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 8:38 p.m.
I certify the above represents accurate minutes of the Kenai City Council meeting of September
16, 2015.
_____________________________
Sandra Modigh, CMC
City Clerk
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Sponsored by: Mayor Porter
CITY OF KENAI
ORDINANCE NO. ****-2015
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING KMC
CHAPTER 12.50-ABANDONED MOBILE HOMES, TO PROMOTE PUBLIC PEACE,
HEALTH, SAFETY AND WELFARE THROUGH THE REGULATION OF ABANDONED
MOBILE HOMES INCLUDING PROVISIONS FOR ABATEMENT AND PENALTIES.
WHEREAS, the City of Kenai, as a home rule municipality, has the authority to exercise
it police powers to regulate public nuisances to promote public peace, health, safety and
welfare ; and,
WHEREAS, abandoned mobile homes that are wrecked, scrapped, disassembled,
unusable, burnt or are in an inoperable or unrepairable state and are a breeding ground
for mosquitos, other insects, vermin or pest, or a point of heavy growth of weeds,
collection point of water, sewage or animal waste, contain concentrated levels of
flammable, hazardous or explosive materials, present a source of danger to children or
present a danger of falling or turning over, are a public nuisance; and,
WHEREAS, providing an enforcement procedure for citing and fining owners of
abandoned mobile homes that are a public nuisance, as well as a removal procedure
with court approval is in the best interest of the City, and is intended to discourage the
abandonment of mobile homes and provide a process for removal.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Section 1. Form: That this is a code ordinance.
Section 2. Enactment of Chapter 12.50 of the Kenai Municipal Code: That Kenai
Municipal Code, Chapter 12.50-Abandoned Mobile Homes, is hereby enacted as follows:
Chapter 12.50 Abandoned Mobile Homes.
12.50.010 Purpose and Intent.
The purpose and intent of this Chapter is to promote the peace, health, safety
and welfare of the public through the regulation of abandoned mobile homes.
12.50.020 Administration.
a. The administration and enforcement of this Chapter is the responsibility
of the City Planner, in cooperation with the Kenai Police Department under the
Page 113 of 148
supervision of the City Manager, unless the abandoned mobile home constitutes
a grave and immediate danger to the public peace, health, safety or welfare in
which case the administration and enforcement shall be conducted pursuant to
KMC 12.10.020-Abatement of Public Nuisances.
b. Nothing in this Chapter may be construed to limit the legal authority or
powers of the City to enforce other laws or otherwise carry out duties regarding
mobile homes.
c. The City Planner or designee and Police Department are hereby
empowered to issue citations for violations of this Chapter.
12.50.030 Abandoned Mobile Homes Prohibited.
a. The property owner or persons entitled to possession of a mobile home or
property owner, lessee or occupant of the real property upon which a mobile
home is located, violate this chapter by causing or allowing a mobile home to be
an abandoned mobile home.
b. A mobile home shall be considered abandoned if it has not been connected
to water or electrical utilities or an alternative adequate sources of the same for
a period in excess of 180 days or is otherwise documented by City personnel to
be unoccupied for a period in excess of 180 days.
12.50.040 Removal of Abandoned Mobile Homes.
After appropriate notice, and if applicable, a hearing and appeal, the City may
seek an Order, in Superior Court, to remove any abandoned mobile home from private
property and recovery associated costs, fees, penalties and interest.
12.50.050 Notice, Hearing, Appeal, Lien on Property.
a. Upon determination that a violation of this Chapter exists, the Planning
Department may issue a notice of violation or enforcement order to the property
owner or persons entitled to possession of a mobile home or property owner,
lessee or occupant of the real property upon which a mobile home is located.
b. The Notice or Order must be provided by personal service, service of
process, or certified mail, return receipt requested. If after due diligence, the
appropriate persons or location of said persons cannot be discovered, the Notice
or Order must be conspicuously posted on the subject property.
c. The Notice or Order must:
1. identify the property and describe the abandoned mobile home
located thereon to be removed, abated or remedied,
2. direct that the abandoned mobile home(s) be removed, abated, or
remedied,
3. provide a reasonable time period in which to comply, not to exceed
90 days,
Page 114 of 148
4. state that the continued violation of the provisions of this chapter
is subject to a fine of up to $100.00 a day,
5. state that the City may seek a court order to remove, abate or
remedy the abandoned mobile home if appropriate action is not taken
during the allowable time period,
6. state that costs incurred by the City to remove, abate or remedy the
legal abandoned mobile home, if not paid by the violator(s) may become a
lien on the real or personal property upon which the abandoned mobile
home is located, notify the violator(s) of a right to appeal the notice or order
to the Board of Adjustment as provided in KMC 14.20.290 Appeals-Board
of Adjustment, and
7. inform the owner of the real property on which the abandoned
mobile home is located, that the City may remove the abandoned mobile
home at its costs if the owner can show that the cost of removal or repair
would result in undue financial hardship. The City however is not
obligated to remove any abandoned mobile home or structure.
12.50.60 Penalties.
The City may assess a civil penalty of $50.00 for the first violation of this Chapter,
$100.00 for the second violation and $50.00 for each subsequent violation. Each day in
which the violation occurs or continues constitutes a separate offense. The City also
may apply penalties and interest to any unpaid penalty amounts consistent with City
Code.
12.50.70. Definitions.
(a) “Abandoned Mobile Home” means a mobile home that has not been
occupied as a dwelling for at least 180 days and;
1. Is determined to be a nuisance because it is in a wrecked,
scrapped, disassembled, unusable, burnt, inoperable or unrepairable
state, or creates or fosters one or more of the following conditions:
(i) a breeding ground or harbor for mosquitoes, other insects,
vermin or other pests;
(ii) a point of heavy growth of weeds or other noxious vegetation
over eight inches in height;
(iii) the collection of pool or ponds of water;
(iv) concentrated quantities of gasoline, oil, or other flammable
or explosive materials;
(v) a source of danger for children because of the possibility of
entrapment or injury from exposed sharp surfaces of metal,
glass, or other rigid materials;
(vi) a source of danger from the structure, or parts thereof, falling
or turning over;
(vii) an accumulation of sewage or animal waste; or
Page 115 of 148
(viii) concentrated quantities of hazardous materials.
(b) “Dwelling” means a building or any portion thereof designed or used
exclusively for residential occupancy including one-family, two-family or
multiple-family dwellings, but not including any other building wherein human
beings may be housed.
(c) “Mobile Home ” means a structure, which is built on a permanent chassis
in accordance with Department of Housing and Urban Development Standards
and designed to be used as a dwelling unit, with or without a permanent
foundation when connected to the required utilities. A mobile home is subject to
all regulations applying thereto, whether or not wheels, axles, hitch or other
appurtenances of mobility are removed and regardless of the nature of the
foundation provided.
(d) “Property Owner” means the owner shown on the latest tax assessment
roll.
(e) “Structure” means that which is built or constructed, an edifice, or a
building of any kind, composed of parts joined together in some definite manner.
Section 3. Severability: That if any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby declares
that it would have enacted the remainder of this ordinance even without such part,
provision, or application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall
take effect 30 days after adoption.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of
October, 2015.
______________________________________
PAT PORTER, MAYOR
ATTEST:
___________________________________
Sandra Modigh, City Clerk
Introduced: **
Enacted: **
Effective: **
Page 116 of 148
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COUNCIL ON AGING MEETING
SEPTEMBER 10, 2015 – 4:30 P.M.
KENAI SENIOR CENTER
CHAIR VELDA GELLER, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER
Chair Geller called the meeting to order at 4:30 p.m. Roll was confirmed as follows:
Members Present: Chair V. Geller, Vice Chair M. Milewski, M. Necessary, B.
Osborn, V. Hallmark, J. Hollier
Members Absent: A. Weeks, L. Nelson, F. Walters
Staff/Council Liaison Present: R. Craig, Council Liaison Molloy
A quorum was present.
2. AGENDA APPROVAL
Councilor Osborn MOVED to approve the September 10, 2015 summary; Necessary
SECONDED the motion. There being no objections; SO ORDERED.
3. APPROVAL OF MEETING SUMMARY – August 13, 2015
It was noted that Councilor Weeks had been listed as present; he was actually absent.
Councilor Milewski MOVED to approve the August 13, 2015 summary with the noted change;
Hallmark SECONDED the motion. There being no objections; SO ORDERED.
4. PERSONS SCHEDULED TO BE HEARD – Shelley McManamy, Peninsula Family
Caregiver Support Program.
Shelley McManamy of the Peninsula Family Caregiver Support Program reported that they had
received a $104,000 grant, which was administered by Soldotna Senior Center, to help support
unpaid caregivers. She also reported that they accept donations and received $6,000 last year.
McManamy explained that the Program serves Seward, Homer, Tyonek, Soldotna, and Kenai;
unpaid caregivers are often friends, neighbors and family; no income restrictions for receiving
support; support care groups in all senior centers.
5. UNFINISHED BUSINESS
a. Capital Improvement Projects
There was discussion regarding a coffee bar, bathrooms, a solarium, purchasing property to
allow for additional parking, and purchasing a generator for the Senior Center.
Councilor Hallmark MOVED to add a Generator for the Senior Center to the Capital
Improvements Projects; Milewski SECONDED the motion. There being no objections; SO
ORDERED.
Page 121 of 148
6. NEW BUSINESS – None.
7. REPORTS
a. Senior Center Director – Craig reported that the tile was being installed for the
coffee bar.
b. Council on Aging Chair – None.
c. City Council Liaison – Council Liaison Molloy reported on:
• Work Session on Purchasing Code
• Event Park Sub-Committee
• John Williams’ proposal to restore the white fire truck
• Airport lease increases
8. NEXT MEETING ATTENDANCE NOTIFICATION – October 8, 2015
9. QUESTIONS & COMMENTS – None
10. PERSONS NOT SCHEDULED TO BE HEARD – None
11. INFORMATION – None
12. ADJOURNMENT
Councilor Hollier MOVED to adjourn and Councilor Osborn SECONDED the motion. There
were no objections; SO ORDERED.
There being no further business before the Council, the meeting was adjourned at 5:30p.m.
Meeting summary prepared and submitted by:
_____________________________________
Jamie Heinz, CMC, Deputy Clerk
Page 122 of 148
KENAI AIRPORT COMMISSION
SEPTEMBER 10, 2015 – 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
GLENDA FEEKEN, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER AND ROLL CALL
Chair Feeken called the meeting to order at 7:03 p.m. Roll was confirmed as follows:
Commissioners Present:
Commissioners Absent:
J. Bielefeld, K. Dodge, G. Feeken, L. Porter C. Henry
J. Zirul, P. Minelga,
Staff/Council Liaison Present: Airport Manager M. Bondurant, Airport Assistant E. Shinn,
Council Liaison Tim Navarre
A quorum was present.
a. Pledge of Allegiance
Commissioner Feeken led those assembled in the Pledge of Allegiance.
2. AGENDA APPROVAL
Commissioner Dodge MOVED to approve the agenda and Commissioner Bielefeld SECONDED
the motion. There were no objections; SO ORDERED.
3. APPROVAL OF MEETING SUMMARY
a. June 11, 2015
Commissioner Dodge MOVED to approve the agenda and Commissioner Bielefeld SECONDED
the motion. There were no objections; SO ORDERED.
4. PERSONS SCHEDULED TO BE HEARD
a. SOAR Ministries – Dick Page
Dick Page urged the Commission to re-evaluate the system used to establish lease rates and
lease guidelines due to inconsistencies.
a. Airport Lessee – Dan Pitts
Dan Pitts echoed concerns of Dick Page; has been a tenant for thirty years and has seen a lot of
businesses come and go. Requested the Commission look at the appraisal; has rejected the new
rate and is in negotiations with City administration for getting another impartial appraiser.
General discussion regarding airport lease rates took place.
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MOTION:
Commissioner Henry MOVED to add the topic of scheduling a joint work session with City Council
to review current airport lease rates and appraisal criteria as new business item c; Commissioner
Porter SECONDED the motion. There were no objections; SO ORDERED.
5. UNFINISHED BUSINESS
a. Master Plan Phase 3 Update
Casey Madden of Wince, Corthell & Bryson provided an update on the long range development
plan; discussed impacts of 737 jets operating as a result of the LNG project; currently working on
chapters 7-9 of the plan.
6. NEW BUSINESS
a. FY16 Goals and Objectives
Airport Manager Bondurant reviewed the 2014-2015 goals. Draft FY16 goals and objectives were
discussed; updated goals and objectives would be discussed at the next meeting.
b. Runway Safety Action Team Plan
Airport Manager Bondurant provided a final report noting that helicopter traffic was becoming an
issue needing addressed; suggested a designated area to accommodate traffic.
It was requested that the tower make helicopter traffic follow the same flight pattern as fixed wing
traffic.
c. Joint work session with City Council to review current airport lease rates and appraisal
criteria
It was discussed that based on tenant concerns, a joint work session of the Airport Commission
and City Council would be beneficial.
MOTION:
Commissioner Henry MOVED to recommend a joint work session of the Airport Commission and
City Council to review current airport lease rates and criteria used to perform the appraisals.
Commissioner Porter SECONDED the motion.
VOTE:
YEA: Feeken, Porter, Bielefeld, Henry, Dodge
NAY:
MOTION PASSED UNANIMOUSLY.
7. REPORTS
a. Airport Manager – Bondurant reported on the following:
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• City Planner requested a joint work session with the Planning & Zoning
Commission to discuss zoning of airport lands
• Advertising for a winter temporary equipment operator
• Looking to set up quarterly informal tenant meetings
• Spoke about the Storm Water Pollution Prevention Plan; will be presenting a
presentation at the next meeting.
b. City Council Liaison – reported there were no airport related actions at the
September 2 Council meeting.
8. NEXT MEETING ATTENDANCE NOTIFICATION – October 8, 2015.
9. COMMISSIONER COMMENTS AND QUESTIONS
Commissioner Bielefeld commented on concerns with the new Storm Water Pollution Prevention
Plan.
Council Liaison Navarre asked for clarification on the Storm Water Pollution Prevention Plan.
10. PERSONS NOT SCHEDULED TO BE HEARD
Scott Bremer of Peninsula Aero Tech spoke about building at the airport but was discouraged at
the lease rates and the uncertainty of rates each year; felt the City needed to make the rates
reasonable and fair; many advantages to operating out of Kenai.
11. INFORMATION ITEMS – None.
12. ADJOURNMENT
MOTION:
Commissioner Henry MOVED to adjourn; Commissioner Porter SECONDED the motion. There
were no objections; SO ORDERED.
There being no further business before the Commission, the meeting was adjourned at 9:15p.m.
Meeting summary prepared and submitted by:
_____________________________________
Jamie Heinz, CMC
Deputy City Clerk
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KENAI HARBOR COMMISSION MEETING
SEPTEMBER 21, 2015 – 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
VICE CHAIR GARY GREENBERG, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER & ROLL CALL
Vice Chair Greenberg called the meeting to order at 7:39 p.m. Roll was confirmed as follows:
Commissioners present: Vice Chair G. Greenberg, W. Nelson, V. Askin, S. Thornton
Commissioners Absent: P. Morin, B. Peters
Staff/Council Liaison present: Public Works Director S. Wedemeyer, Council Liaison Vice
Mayor Gabriel
A quorum was present.
2. AGENDA APPROVAL
MOTION:
Commissioner Askin MOVED to approve the agenda; Commissioner Thornton SECONDED the
motion. There were no objections; SO ORDERED.
4. APPROVAL OF MEETING SUMMARY – June 8, 2015
MOTION:
Commissioner Thornton MOVED to approve the meeting summary of June 8, 2015 and
Commissioner Askin SECONDED the motion. There were no objections; SO ORDERED.
4. PERSONS NOT SCHEDULED TO BE HEARD – None.
5. UNFINISHED BUSINESS – None.
6. NEW BUSINESS
a. Dock and Harbor Capital Improvement Program Priorities for FY2016, FY2017
and FY2018
MOTION:
Commissioner Nelson MOVED to postpone action until the next meeting and Commissioner
Askin SECONDED the motion. There were no objections; SO ORDERED.
7. REPORTS
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a. Public Works Director – Wedemeyer reported on the following:
• Restrooms at the dock would be open until the following week
• A new Streets Department Lead Operator had been hired
b. Commission Chair – noted the link provided by email, for the packet, failed.
c. City Council Liaison – Vice Mayor Gabriel reported that Council hadn’t had any
agenda items related to the harbor over the last three meetings; heard minimal
complaints regarding the dipnet fishery; the City was in the process of purchasing
Dragseth property to build a South Beach access road.
8. NEXT MEETING ATTENDANCE NOTIFICATION – October 12, 2015
9. COMMISSIONER COMMENTS/QUESTIONS – None.
10. PERSONS NOT SCHEDULED TO BE HEARD – None.
11. INFORMATION – None.
12. ADJOURNMENT
MOTION:
Commissioner Askin MOVED to adjourn and Commissioner Thornton SECONDED the motion.
There were no objections; SO ORDERED.
There being no further business before the Commission, the meeting was adjourned at 8:08
p.m.
Meeting summary prepared and submitted by:
_____________________________________
Jamie Heinz, CMC, Deputy City Clerk
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KENAI PARKS & RECREATION COMMISSION
SEPTEMBER 3, 2015
CITY HALL COUNCIL CHAMBERS
7:00 P.M.
CHARIMAN AL HULL, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER & ROLL CALL
Chair Hull called the meeting to order at 7:00 p.m. Roll was confirmed as follows:
Commissioners present: A. Hull, C. Stephens, M. Lindeman, N. Widmayer,
Commissioners absent: H. Spann, R. Tunseth, E. Castillo
Staff/Council Liaison present: Parks & Rec Director B. Frates, Council Liaison Mayor Porter
A quorum was present.
2. AGENDA APPROVAL
MOTION:
Commissioner Stephens MOVED to approve the agenda; Commissioner Widmayer
SECONDED the motion. There were no objections; SO ORDERED.
3. APPROVAL OF MEETING SUMMARY – June 4, 2015
MOTION:
Commissioner Stephans MOVED to approve the meeting summary of June 4, 2015 and
Commissioner Lindeman SECONDED the motion. There were no objections; SO ORDERED.
4. PERSONS SCHEDULED TO BE HEARD
a. Lynda Ruesch – Dog Park
Lynda Ruesch was not in attendance to provide presentation.
5. PERSONS PRESENT NOT SCHEDULED – None
6. UNFINISHED BUSINESS
a. Municipal Park Grenspace
At the recommendation of the Commission to add a turf area at Municipal Park, Director Frates
suggested an area near the new shelter and restrooms to provide for better security and
proximity to a water source. He pointed out that regardless of location, a thorough review of the
historical food pits would need accomplished beyond what the director had completed
It was decided the Commissioners would look at the area identified to get an idea of size and
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trees that may need removed.
b. Beaver Creek Park Playground
There was a brief review of the September 2013 work session. Director Frates said that he was
comfortable proposing designs and equipment to be reviewed, along with costs, at the next
meeting.
MOTION:
Commissioner Stephens MOVED that Bob Frates proceeds with the design and selection of
equipment for the Beaver Creek Park; Commissioner Widmayer SECONDED the motion.
There were no objections; SO ORDERED.
7. NEW BUSINESS – None.
8. REPORTS
a. Parks and Recreation Director – Frates noted it had been a busy summer
for the department and having an Administrative Assistant was very beneficial
in reducing his work load in the office.
b. Commission Chair – Suggested the next meeting be moved to October 8.
c. City Council Liaison- Mayor Porter reported on the requirements for
developing a dog park; also reported on the City’s opportunity to purchase
land on the south side of Kenai River, off of Drag Net Court.
9. NEXT MEETING ATTENDANCE NOTIFICATION – October 1, 2015
Several members anticipated they would be absent October 1 and requested the meeting be
rescheduled to October 8.
10. COMMISSION QUESTIONS & COMMENTS
Beth Moffet spoke in favor of a park off of Redoubt near Third Street suggesting the park be
developed for little children and disabled children. She explained several people in the area are
homebound and don’t have anything in terms of a park.
11. PERSONS PRESENT NOT SCHEDULED TO BE HEARD – None.
12. INFORMATION – None.
13. ADJOURNMENT
MOTION:
Commissioner Stephens MOVED to adjourn and Commissioner Widmayer SECONDED the
motion. There were no objections; SO ORDERED.
There being no further business before the Commission, the meeting was adjourned at 8:20
p.m.
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Meeting summary prepared and submitted by:
_____________________________________
Jamie Heinz, CMC
Deputy City Clerk
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CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
SEPTEMBER 23, 2015 - 7:00 P.M.
CHAIR JEFF TWAIT, PRESIDING
MINUTES
1. CALL TO ORDER:
Commissioner Twait called the meeting to order at 7:00 p.m.
a. Pledge of Allegiance
Twait led those assembled in the Pledge of Allegiance.
b. Roll Call
Commissioners present: G. Pettey, D. Fikes, R. Springer, J. Twait, J. Glendening, K. Peterson,
J. Focose
Staff/Council Liaison present: City Planner M. Kelley, Deputy City Clerk J. Heinz, Council
Liaison H. Knackstedt
A quorum was present.
c. *Excused Absences
d. Agenda Approval
MOTION:
Commissioner Peterson MOVED to approve the agenda with requested revisions; Commissioner
Fikes SECONDED the motion. There were no objections; SO ORDERED.
It was noted that the following were requested revisions/additions to the agenda/packet:
Add to Item 6. a
Resolution No. PZ15-28
• Additional Correspondence
Add to Item 6. b
Resolution No. PZ15-286
• Additional Correspondence
• Memo from City Planner
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Add to Item 12. a
Informational Items
• Additional Correspondence
e. Consent Agenda
MOTION:
Commissioner Peterson MOVED to approve the consent agenda and Commissioner Fikes
SECONDED the motion. There were no objections; SO ORDERED.
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the
Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be removed
from the Consent Agenda and considered in its normal sequence on the agenda as part of
the General Orders.
2. *APPROVAL OF MINUTES: September 9, 2015
Approved by the consent agenda.
3. SCHEDULED PUBLIC COMMENT: (10 Minutes) – None.
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) – None.
5. CONSIDERATION OF PLATS: None.
6. PUBLIC HEARINGS:
a. PZ 15-28 – An application for a Conditional Use Permit for a professional office in the
Rural Residential zone for the property described as a portion of the Northwest one-
quarter (NW ¼), Section 11, Township 5 North, Range 11 West (KPB Parcel No.
04911002), 2785 Beaver Loop Road. The application was submitted by Clifford and
Kristin Smith, 319 Rogers Rd., Kenai, Alaska.
City Planner Kelley reviewed his staff report recommending approval of the Conditional Use
Permit with the following conditions:
• Applicants must comply with all Federal, State and local regulations.
• A sign permit must be obtained.
• Five parking spaces, with at least one ADA parking space must be provided for.
• Annual reports for the Conditional Use Permit must be provided.
MOTION:
Commissioner Glendening MOVED to approve Resolution No. PZ15-28 and Commissioner
Focose SECONDED the motion.
Chairman Twait opened the public hearing.
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Clifford Smith spoke in favor of the Conditional Use Permit; pointed out that the Comprehensive
Plan allowed certain businesses to be intermixed within residential zones; explained he expected
to have about ten customers per day; addressed where parking would be placed; discussed his
plans for low key signage and his intent to operate for three to four years and then retire, possibly
reverting the structure back to a residence.
There being no one else wishing to speak, the public hearing was closed.
During discussion, administration clarified the allowable size for signs in residential zones.
VOTE:
YEA: Pettey, Fikes, Springer, Twait, Peterson, Focose, Glendening
NAY:
MOTION PASSED UNANIMOUSLY.
Chairman Twait noted the 15 day appeal period.
b. PZ15-26 – An application for a Conditional Use Permit for an Emotional Support Animal
(Horse) for a disabled adult on a parcel less than 40,000 square feet with City of Kenai,
City Limits for the property described as Lot 1, Block 1, MCCann Subdivision, 1107 Fourth
Avenue. The application was submitted by Julie Kim Garretson.
City Planner Kelley reviewed his staff report recommending approval of the Conditional Use
Permit with the following conditions:
• Applicants must comply with all Federal, State and local regulations.
• A building permit must be obtained or applied for, for the existing horse barn.
• The stump near the corner of the house shall be removed or fenced off.
• Daily cleaning of stall and turn out area; removal of waste weekly.
• Leveling and coverage of sand for turn out and paddock areas shall be provided for; could
be amended to paddock area only since horse grazes in turnout area.
• All water runoff shall be kept on site.
• Any horse waste deposited while walking or riding in or on any City of Kenai rights of way
shall be immediately removed.
• The Conditional Use Permit shall expire if the conditional use ceases for one year or longer,
or if for any reason the horse is permanently removed from the property.
• Annual reports for the Conditional Use Permit must be provided.
• Chief Animal Control Officer may inspect to ensure maintenance and sanitation are being
provided for.
It was suggested that this item be postponed and the public hearing be continued until October
14 to allow for a field visit to the property.
MOTION:
Commissioner Peterson MOVED to approve Resolution No. PZ15-26 and Commissioner Fikes
SECONDED the motion.
Chairman Twait opened the public hearing.
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Faith Hampton spoke against the Conditional Use Permit expressing concern with how it would
affect her ability to sell her house; not enough space for a horse.
Julie Garrettson spoke in favor of the Conditional Use Permit stating how the horse had helped
her daughter’s disability; explained boarding the horse cost a significant amount of money and by
no longer boarding the horse, she would be able to spend the money on improvements to her
property.
Lynn Vernon spoke in favor of the Conditional Use Permit because of the improvements she had
seen in her granddaughter since being able to engage with the horse, including a desire to care
for the horse.
Cristal Barton spoke in favor of the Conditional Use Permit, speaking about her disability and
stating that the horse that made her want to take responsibility and rodeo with him.
There being no one else wishing to speak, the public hearing was closed.
During discussion, administration clarified that the site inspection by Animal Control would take
place at their discretion; the current situation was in violation of code and the Fair Housing Act
required the City to make reasonable accommodation. It was explained how husbandry was
defined. There was also discussion regarding shoeing the horse and providing for adequate
exercise.
MOTION:
Commissioner Glendening MOVED to postpone PZ15-26 to the next meeting to allow for a site
visit and additional public comment and Commissioner Peterson SECONDED the motion.
VOTE:
YEA: Pettey, Fikes, Springer, Twait, Peterson, Focose, Glendening
NAY:
MOTION PASSED UNANIMOUSLY.
7. UNFINISHED BUSINESS: None.
8. NEW BUSINESS: None.
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council – Knackstedt reviewed the action agenda of the September 16 Council
meeting, which was provided in the packet. Administration clarified that the work being
done to date in Beluga Subdivision did not require a Building Permit and clarified what
required a Landscape Permit.
b. Borough Planning – Glendening reported that the Planning Commission and Platting
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Committee met in Seward on September 14; eleven plats throughout the Borough were
approved by the Platting Committee. He also reported that the Planning Commission
approved of an authorization for the acquisition of property on behalf of the hospital in
Homer and a material extraction Conditional Use Permit in Nikiski had been postponed to
the next meeting to allow the local public an opportunity to comment.
c. Administration – Kelley reported on the following matters:
• Draft 2015 Planning Commissioner Training and Conference Agenda in packet;
asked those interested in going to training or conference to advise by September
25.
• Scheduled the time for the site visit to the subject property of the Conditional Use
Permit for the horse; it was confirmed that the site visit would take place at
6:15pm on October 14.
11. PERSONS PRESENT NOT SCHEDULED: None.
12. INFORMATIONAL ITEMS: None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: October 14, 2015
COMMISSION COMMENTS & QUESTIONS: None.
14. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at
8:16 p.m.
Minutes prepared and submitted by:
_____________________________
Jamie Heinz, CMC
Deputy City Clerk
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KENAI BEAUTIFICATION COMMITTEE
SEPTEMBER 8, 2015 – 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
CHAIR LISA GABRIEL, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER & ROLL CALL
Chair Gabriel called the meeting to order at 7:03 p.m. Roll was confirmed as follows:
Members present: Chair L. Gabriel, C. Jung, B. Madrid, A. Zulkanycz,
S. Peterson
Members absent: T. Canady, H. Spann
Staff/Council Liaison present: Parks and Recreation Director B. Frates, Parks and Recreation
Staff R. Dodge
A quorum was present.
2. AGENDA APPROVAL
MOTION:
Committee Member Madrid MOVED to approve the agenda and Member Zulkanycz
SECONDED the motion. There were no objections; SO ORDERED.
3. APPROVAL OF MEETING SUMMARY
a. May 12, 2015
MOTION:
Committee Member Madrid MOVED to approve the meeting summary of May 12, 2015 and
Member Zulkanycz SECONDED the motion. There were no objections; SO ORDERED.
4. PERSONS SCHEDULED TO BE HEARD – None.
5. UNFINISHED BUSINESS
a. Discussion – 2015 Flower Bed Review
General discussion took place regarding the various flower beds in the City.
The Commission recommended new soil in the beds at the fire department and Leif Hansen
Memorial Park; signage at Wildflower Field.
6. NEW BUSINESS – None.
7. REPORTS
a. Parks & Recreation Director
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Frates reported that preparations were underway for the grand opening celebration at Municipal
Park
b. Committee Chair – None.
c. City Council Liaison – None.
8. NEXT MEETING ATTENDANCE NOTIFICATION – October 6, 2015
Commissioners Madrid, Gabriel and Jung would not be present; it was recommended to change
the meeting date to October 20.
9. COMMITTEE MEMBER QUESTIONS AND COMMENTS – None.
10. PERSONS NOT SCHEDULED TO BE HEARD
James Glendening praised staff for and thanked them for their outstanding work; also noted that
a tour bus had stopped by Wildflower Field.
11. INFORMATION – None
12. ADJOURNMENT
There being no further business before the Committee, the meeting was adjourned at 7:58 p.m.
Meeting summary prepared and submitted by:
_____________________________________
Jamie Heinz, CMC, Deputy City Clerk
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