HomeMy WebLinkAbout2014-05-20 Council PacketCITY OF KENAI
NOTICE OF ORDINANCES AND RESOLUTIONS
ADOPTED AT THE MAY 20, 2014
KENAI CITY COUNCIL MEETING
NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and/or Resolution(s)
at the above -referenced meeting.
1. ENACTED UNANIMOUSLY. Ordinance No. 2753-2014 — Accepting and Appropriating a Grant
from the State of Alaska Department of Commerce Community and Economic Development for
$250,000 in the Kenai Bluff Stabilization Capital Project Fund for the Kenai Bluff Erosion Control
Project.
2. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 2754-2014 — Accepting and
Appropriating Funds Forfeited to the Kenai Police Department.
3. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 2755-2014 — Amending Kenai
Municipal Code 13.20.035 - Camping, Fires, and other Activities on City Beaches, to Authorize the
City Manager to Temporarily Regulate Beach Activities to Protect Public Safety, Health or Welfare,
and for City Maintenance of Property.
4. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 2756-2014 — Repealing Kenai
Municipal Code 13.20.030 - Protection of North and South Shore, and Re -Enacting it as Kenai
Municipal Code 13.20.030 - Protection of Environmentally Sensitive Areas, to Expand its
Application and to Authorize the City Manager to Implement Restrictions on Public Entry, Access
and Use for the Protection of Environmentally Sensitive Areas Owned or Managed by the City,
Subject to Change by the Council.
5. ADOPTED UNANIMOUSLY. Resolution No. 2014-37 — Setting a Date for Holding a Public
Hearing on the Proposed VIP Drive Special Assessment District.
Copies of the ordinances and/or resolutions are available in the Office of the Kenai City Clerk.
Please be advised, subject to legal limitations, ordinances and/or resolutions may have been amended by the
Council prior to adoption without further public notice.
Q�wr("
San ra o igh, Yf , City Clerk
Poste ay 23, 2014
ACTION AGENDA
KENAI CITY COUNCIL — REGULAR MEETING
MAY 20, 2014
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http://www.ci.kenai.ak.us
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)
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker, thirty (30) minutes aggregated)
D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty
(30) minutes aggregated)
FAILED. Ordinance No. 2747-2014 — Amending Kenai Municipal Code
1. 15.040 - Agenda, to Require Ordinances and Resolutions to be Sponsored
by at Least One Council Member. [Clerk's Note: At its April 2nd meeting
Council postponed public hearing of this ordinance until the May 2dh
meeting.]
2. POSTPONED TO AUGUST 20TH. Ordinance No. 2748-2014 — Amending
Kenai Municipal Code 1.90.020 - Duties, to Provide that Boards,
Commissions, and Committees Act in an Advisory Capacity to Council.
[Clerk's Note: At its April 2nd meeting Council postponed public hearing of this
ordinance until the May 20th meeting.]
3. ENACTED UNANIMOUSLY. Ordinance No. 2753-2014 — Accepting and
Appropriating a Grant from the State of Alaska Department of Commerce
Community and Economic Development for $250,000 in the Kenai Bluff
Stabilization Capital Project Fund for the Kenai Bluff Erosion Control Project.
4. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 2754-2014 —
Accepting and Appropriating Funds Forfeited to the Kenai Police Department.
5. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 2755-2014 —
Amending Kenai Municipal Code 13.20.035 - Camping, Fires, and other
Activities on City Beaches, to Authorize the City Manager to Temporarily
Regulate Beach Activities to Protect Public Safety, Health or Welfare, and for
City Maintenance of Property.
6. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 2756-2014 —
Repealing Kenai Municipal Code 13.20.030 - Protection of North and South
Shore, and Re -Enacting it as Kenai Municipal Code 13.20.030 - Protection of
Environmentally Sensitive Areas, to Expand its Application and to Authorize
the City Manager to Implement Restrictions on Public Entry, Access and Use
for the Protection of Environmentally Sensitive Areas Owned or Managed by
the City, Subject to Change by the Council.
7. POSTPONED TO JUNE 4TH. Resolution No. 2014-36 — Fixing the Rate of
Levy of Property Tax for the Fiscal Year Commencing July 1, 2014 and
Ending June 30, 2015.
8. ADOPTED UNANIMOUSLY. Resolution No. 2014-37 — Setting a Date for
Holding a Public Hearing on the Proposed VIP Drive Special Assessment
District.
E. MINUTES
1. APPROVED BY CONSENT AGENDA. *Regular Meeting of May 7, 2014
F. UNFINISHED BUSINESS
1. ADOPTED AS AMENDED. Resolution No. 2014-24 — Approving City
Council Policy 2014-01, Kenai Council Travel Policy, Establishing Procedures
for Approval of Council Travel. [Clerk's Note: At its April 16th meeting Council
postponed the Resolution to the May 20"' meeting.]
G. NEW BUSINESS
1. APPROVED BY CONSENT AGENDA. *Action/Approval — Bills to be
Ratified
2. APPROVED BY CONSENT AGENDA. *Action/Approval — Purchase
Orders Exceeding $15,000
3. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING ON JUNE 4TH
*Ordinance No. 2757-2014 — Adopting the Annual Budget for the Fiscal Year
Commencing July 1, 2014 and Ending June 30, 2015.
City of Kenai Council Meeting Agenda Page 2 of 4
May 20, 2014
4. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING ON JUNE 4TH
*Ordinance No. 2758-2014 — Appropriating Funds Donated to the Kenai
Animal Shelter from Kenai Spine, LLC.
5. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING ON JUNE 4TH
*Ordinance No. 2759-2014 — Accepting and Appropriating $2,232.19 for
Anticipated Police Computer Forensic Software Reimbursements from
Internet Crimes Against Children (ICAC).
6. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING ON JUNE 4TH
*Ordinance No. 2760-2014 — Accepting and Appropriating $2,050.92 for
SART (Sexual Assault Response Team) Exam Reimbursements from the
State of Alaska.
APPROVED UNANIMOUSLY. Action/Approval — Non -Objection of Liquor
License Renewal for Pink Coyote Limited, Annalea Lott D/B/A Main Street
Tap & Grill.
8. APPROVED UNANIMOUSLY. Action/Approval — Mayoral Nomination and
Council Confirmation of Appointing Albert Weeks to the Council on Aging.
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks and Recreation Commission
6. Planning and Zoning Commission
7. Beautification Committee
8. Mini -Grant Steering Committee
REPORT OF THE MAYOR
ADMINISTRATION REPORTS
1. City Manager
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 — None.
City of Kenai Council Meeting Agenda Page 3 of 4
May 20, 2014
N. ADJOURNMENT
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review.
2. Correspondence from the Kenai Fire Fighters Association Regarding the 2014
Alaska State Fire Conference in September 2014.
3. Kenai River Special Management Area Advisory Board Meeting Minutes of April
10, 2014.
4. Cook Inlet Regional Citizens Advisory Council Annual Report 2013Recognizing
Captain Richard "Barry" Eldridge.
The agenda and supporting documents are posted on the City's website at
www.ci.kenai.ak.us . 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.
City of Kenai Council Meeting Agenda Page 4 of 4
May 20, 2014
MAY 20, 2014
CITY COUNCIL MEETING
REQUESTED ADDITIONS TO THE PACKET:
ADD TO
DA Ordinance No. 2747-2014
• Amendment Memorandum
DA Ordinance No. 2754-2014
• Amendment Memorandum
Information Items
• Kenai Birders Summary
REQUESTED BY:
Councilors Boyle & Molloy
Administration
Council Member Molloy
"V 11e with a Past, Cit with a Future"
0 Fidalgo Avenue, Kenai, laska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
MEMORANDUM
TO: Mayor Porter, Council Members and Student Representative
FROM: Council Members Mike Boyle and Bob Molloy
DATE: 05-20-14f (j
SUBJECT: Ordinance No. 2747-2014
Council Member Molloy plans to offer amendments to Council Member Boyle's Ordinance No.
2747-2014 that would add subparagraphs (1) and (2) to paragraph (as), so that paragraph (a) is as
follows:
"(a) The Mayor or other Council Member, [CITY CLERK, CITY ATTORNEY, OR CITY
MANAGER] may sponsor an ordinance for introduction or a resolution for adoption, and such
ordinance or resolution shall be placed on the agenda of the regular Council meeting requested
by the sponsor.
(1) The Council delegates authority to the City Manager to sponsor an ordinance for
introduction or a resolution for adoption on the agenda of a regular Council meeting that is
administrative in nature: such as:
(i) Appropriations;
(ii) Budget transfers:
(iii) Fee schedules,•
(iv) Permits;
(v) Property leases:
(vi) Acceptance of rants:
(vii) Establishing Annual Capital Improvement Project Priorites•
(viii) Accepting donations: and
(ix) Purchases and contracts.
(2) The Council may direct the City Clerk City Attorney, or City Manager toru enare
an ordinance for introduction or a resolution for adoption to be sponsored by the Council."
j "Villaye with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014 VIII/
1992
the eidlof
KENALALASKA
MEMO:
TO: Rick Koch — City Manager
FROM: Gus Sandahl — Police Chief
DATE: 5/19/14
SUBJECT: Ordinance 2754-2014
When I originally requested an ordinance to appropriate drug investigation cash seizures
I only knew of one cash seizure needing an appropriation. I have since been made
aware that the court has ordered the forfeiture of cash from four different drug
investigations to the investigating agency. During those four drug investigations the
Kenai Police Department was the primary investigating agency, and the total cash
amount forfeited to the Kenai Police Department is $2,769.
I am asking for the Council to amend the appropriation amount in Ordinance 2754-2014
from $288.75 to $2,769. The appropriated funds will be used by the Police Department
for investigative and/or training equipment. The recommended amendments are
provided below in strikeout format.
WHEREAS, the Kenai Police Department has received notice from the Court
authorizing the forfeiture to the Kenai Police Department of $2-9� 2796 in
drug seizure cash; and,
WHEREAS, the cash was seized during a7 four drug investigations, in which the
Kenai Police Department was the primary investigating agency; and,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that estimated revenues and appropriations be increased as
follows:
General Fund
Increase Estimated Revenues:
Forfeitures $288.7-5$2,769
Increase Appropriations:
Police — Small Tools $289.75$2369
Sandra Modigh
From: Robert J. Molloy [bob@molloyforcouncil.com]
Sent: Tuesday, May 20, 2014 10:37 AM
To: Sandra Modigh
Subject: Fwd: Kenai Birding Festival Summary
Hi Sandra:
Can you please make this short summary from the Keen Eye Birders a lay down under Information Items for
tonight's council meeting? Thanks -
1
Robert J. Molloy, Council Member
Kenai City Council
Kenai, Alaska
bob@molloyforcouncil.com
Begin forwarded message:
From: Kenneth Tarbox, Keen Eye Birders
Date: May 20, 2014 at 8:51:06 AM AKDT
To: Bob Molloy <bmollo 110 ,vahoo.com>
Cc: Lisa Beranek, Kenai Watershed Forum
Subject: Kenai Birding Festival Summary
Bob, Connie said you would like a summary of the festival for the council meeting. Here is a
quick summary.
The Kenai Birding Festival was held May 15 -18 and the growth in the festival continues. The
festival is oriented to families and bird watchers of all levels. The total number of participants
was over 300 and visitors came from Minnesota, Arizona, and Washington. There was a
dramatic increase in the number of children involved with the festival. This was due in large
part to the Peeps Art Show which had over 117 entries and a total 140 kids making art. Other
children events made the total number of children involved around 200.
The weather and diversity of birds made the event a great success. The number of species of
birds recorded was above 70 and what makes this festival special is that birders can be close to
the migrating shorebirds at the Kenai Wildlife Viewing Platform At the Big Sit (24 hour event)
we had a dozen or more people at 11 PM watching birds from the platform. People just did not
want to leave a great show of watching thousands of birds landing to roost on the flats. Also, a
number of new events were added this year.
Partners in the festival continued this year with the addition of the Kenaitze Tribe, Alaska
Magazine, and Sportman's Warehouse. Other partners included the UFWS, Keen Eye Bird
Club, Kenai Watershed Forum, Kenai Chamber of Commerce, Peninsula Art Guild, Soldotna
Chamber of Commerce, and the Kenai Tourism and Market Council.
Hope this helps - if you have any questions please call.
NOTICE OF PUBLIC HEARING
MAY 20, 2014
CITY OF KENAI COUNCIL MEETING
NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following
Ordinance(s) and/or Resolution(s) on the above -noted meeting date.
1. Ordinance No. 2747-2014 —Amending Kenai Municipal Code 1.15.040 - Agenda, to
Require Ordinances and Resolutions to be Sponsored by at Least One Council
Member. [Clerk's Note: At its April 2"d meeting Council postponed public hearing of
this ordinance until the May 20th meeting.]
2. Ordinance No. 2748-2014 — Amending Kenai Municipal Code 1.90.020 - Duties, to
Provide that Boards, Commissions, and Committees Act in an Advisory Capacity to
Council. [Clerk's Note: At its April 2 nd meeting Council postponed public hearing of
this ordinance until the May 201h meeting.]
3. Ordinance No. 2753-2014 — Accepting and Appropriating a Grant from the State of
Alaska Department of Commerce Community and Economic Development for
$250,000 in the Kenai Bluff Stabilization Capital Project Fund for the Kenai Bluff
Erosion Control Project.
4. Ordinance No. 2754-2014 — Accepting and Appropriating Funds Forfeited to the
Kenai Police Department.
5. Ordinance No. 2755-2014 — Amending Kenai Municipal Code 13.20.035 - Camping,
Fires, and other Activities on City Beaches, to Authorize the City Manager to
Temporarily Regulate Beach Activities to Protect Public Safety, Health or Welfare,
and for City Maintenance of Property.
6. Ordinance No. 2756-2014 — Repealing Kenai Municipal Code 13.20.030 - Protection
of North and South Shore, and Re -Enacting it as Kenai Municipal Code 13.20.030 -
Protection of Environmentally Sensitive Areas, to Expand its Application and to
Authorize the City Manager to Implement Restrictions on Public Entry, Access and
Use for the Protection of Environmentally Sensitive Areas Owned or Managed by the
City, Subject to Change by the Council.
7. Resolution No. 2014-36 — Fixing the Rate of Levy of Property Tax for the Fiscal
Year Commencing July 1, 2014 and Ending June 30, 2015.
8. Resolution No. 2014-37 — Setting a Date for Holding a Public Hearing on the
Proposed VIP Drive Special Assessment District.
The public hearing will commence at 7:00 p.m., or as soon thereafter as business permits, in the
Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. All interested
persons are invited to attend the meeting and participate in the public discussion. Written
comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue,
Kenai, AK, 99611. Copies of the ordinances and/or resolutions are available in the Office of the
Kenai City Clerk and will be available at the meeting for public review.
Please—bp advised, subject to legal limitations, ordinances and/or resolutions may be amended
by e o n iam
ri doption without further public notice.
Sa dra godigh, CM , City Clerk
Poste ay 15, 2014
r
CITY OF KENAI
PUBLIC NOTICE
theu!�a/
V
City Council Meeting Rescheduled
The regularly scheduled May 21, 2014 City Council Meeting
has been rescheduled to May 20, 2014. The Meeting will be
held in the Council Chambers at 210 Fidalgo Avenue, Kenai
AK, and begin at 7:00 p.m.
The May 20, 2014 City Council Meeting agenda will be
published on Friday, May 16, 2014.
Please contact the City Clerk's Office if you have any
questions, 283-8231
Sandra Modigh, CMC
City Clerk
POSTED: May 12, 2014
COUNCIL PACKET DISTRIBUTION
MAKE 14 PACKETS
Council Meeting Date: May 20, 2014
Mayor
Library Clerk
Gabriel
Fire Department
Boyle
Mellish Hall Binder
Navarre
Parks & Recreation Schmidt
City Attorney
City Manager
ELECTRONIC COPY NOTICE
Send out notice to Council and All with link to the Agenda & Council Packet
DELIVER
Council packets to Police Department Dispatch Desk.
Mellish & Schmidt pick up their packets in the Clerk's Office.
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AGENDA
KENAI CITY COUNCIL — REGULAR MEETING
MAY 20, 2014
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http://www.ci.kenai.ak.us
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)
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty
(30) minutes aggregated)
Ordinance No. 2747-2014 — Amending Kenai Municipal Code 1.15.040 -
Agenda, to Require Ordinances and Resolutions to be Sponsored by at Least
One Council Member. [Clerk's Note: At its April 2nd meeting Council
postponed public hearing of this ordinance until the May 20th meeting.] ................. Pg 5
2. Ordinance No. 2748-2014 — Amending Kenai Municipal Code 1.90.020 -
Duties, to Provide that Boards, Commissions, and Committees Act in an
Advisory Capacity to Council. [Clerk's Note: At its April 2d meeting Council
postponed public hearing of this ordinance until the May 2e meeting.] ................. Pg 53
3. Ordinance No. 2753-2014 — Accepting and Appropriating a Grant from the
State of Alaska Department of Commerce Community and Economic
Development for $250,000 in the Kenai Bluff Stabilization Capital Project
Fund for the Kenai Bluff Erosion Control Project .................................................... Pg 59
4. Ordinance No. 2754-2014 — Accepting and Appropriating Funds Forfeited to
the Kenai Police Department.................................................................................Pg 63
5. Ordinance No. 2755-2014 — Amending Kenai Municipal Code 13.20.035 -
Camping, Fires, and other Activities on City Beaches, to Authorize the City
Manager to Temporarily Regulate Beach Activities to Protect Public Safety,
Health or Welfare, and for City Maintenance of Property ....................................... Pg 65
6. Ordinance No. 2756-2014 — Repealing Kenai Municipal Code 13.20.030 -
Protection of North and South Shore, and Re -Enacting it as Kenai Municipal
Code 13.20.030 - Protection of Environmentally Sensitive Areas, to Expand
its Application and to Authorize the City Manager to Implement Restrictions
on Public Entry, Access and Use for the Protection of Environmentally
Sensitive Areas Owned or Managed by the City, Subject to Change by the
Council..................................................................................................................Pg 71
7. Resolution No. 2014-36 — Fixing the Rate of Levy of Property Tax for the
Fiscal Year Commencing July 1, 2014 and Ending June 30, 2015.........................Pg 83
8. Resolution No. 2014-37 — Setting a Date for Holding a Public Hearing on the
Proposed VIP Drive Special Assessment District...................................................Pg 87
E. MINUTES
1. *Regular Meeting of May 7, 2014............................................................................ Pg 89
F. UNFINISHED BUSINESS
1. Resolution No. 2014-24 — Approving City Council Policy 2014-01, Kenai
Council Travel Policy, Establishing Procedures for Approval of Council
Travel. [Clerk's Note: At its April 16th meeting Council postponed the
Resolution to the May 20" meeting.]...................................................................... Pg 101
G. NEW BUSINESS
1. *Action/Approval — Bills to be Ratified................................................................. Pg 105
2. *Action/Approval — Purchase Orders Exceeding $15,000 .................................... Pg 107
3. *Ordinance No. 2757-2014 —Adopting the Annual Budget for the Fiscal Year
Commencing July 1, 2014 and Ending June 30, 2015 ........................................... Pg 109
4. *Ordinance No. 2758-2014 — Appropriating Funds Donated to the Kenai
Animal Shelter from Kenai Spine, LLC...................................................................Pg 125
5. *Ordinance No. 2759-2014 — Accepting and Appropriating $2,232.19 for
Anticipated Police Computer Forensic Software Reimbursements from
Internet Crimes Against Children (ICAC)............................................................... Pg 127
City of Kenai Council Meeting Agenda Page 2 of 4
May 20, 2014
TJ
6. *Ordinance No. 2760-2014 — Accepting and Appropriating $2,050.92 for
SART (Sexual Assault Response Team) Exam Reimbursements from the
Stateof Alaska...................................................................................................... Pg 131
7. Action/Approval — Non -Objection of Liquor License Renewal for Pink
Coyote Limited, Annalea Lott D/B/A Main Street Tap & Grill .................................. Pg 135
8. Action/Approval — Mayoral Nomination and Council Confirmation of
Appointing Albert Weeks to the Council on Aging..................................................Pg 141
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks and Recreation Commission
6. Planning and Zoning Commission.........................................................................Pg 143
7. Beautification Committee
8. Mini -Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager.........................................................................................................Pg 149
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 — None.
N. ADJOURNMENT
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review ............................ Pg 165
2. Correspondence from the Kenai Fire Fighters Association Regarding the 2014
Alaska State Fire Conference in September 2014 ....................................................... Pg 166
3. Kenai River Special Management Area Advisory Board Meeting Minutes of April
10, 2014...................................................................................................................... Pg 167
City of Kenai Council Meeting Agenda Page 3 of 4
May 20, 2014
4. Cook Inlet Regional Citizens Advisory Council Annual Report 2013Recognizing
Captain Richard 'Barry„ Eldridge................................................................................. Pg 170
The agenda and supporting documents are posted on the City's website at
www.ci.kenai.ak.us . 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.
City of Kenai Council Meeting Agenda Page 4 of 4
May 20, 2014
�1/
Suggested by: Council Member Boyle
CITY OF KENAI
ORDINANCE NO. 2747-2014
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KENAI MUNICIPAL CODE 1. 15.040 - AGENDA, TO REQUIRE ORDINANCES AND
RESOLUTIONS TO BE SPONSORED BY AT LEAST ONE COUNCIL MEMBER.
WHEREAS, the people of the City of Kenai, exercising the powers of a home rule
municipality established the Charter of the City of Kenai which, in Section 2-4(a)(2)
provides that Council shall have the power to enact legislation by ordinance; and,
WHEREAS, the City Charter in Section 2-4(a) also provides that all powers of the City,
including determination of all matters of policy are vested in the Council; and,
WHEREAS, only Council votes on the passage of all ordinances and resolutions; and,
WHEREAS, ordinances and resolutions cannot be adopted or enacted without a
majority of Council support.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that
Section 1. Form: That this is a code ordinance.
Section 2. Amendment of Section 1. 15.040 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 1. 15.040 - Agenda, is hereby amended as follows:
1. 15.040 Agenda.
(a) The Mayor or other Council Member ], CITY CLERK, CITY ATTORNEY,
OR CITY MANAGER] may sponsor an ordinance for introduction or a resolution
for adoption, and such ordinance or resolution shall be placed on the agenda of
the regular Council meeting requested by the sponsor.
(b) The Mayor or other Council Member, City Clerk, City Attorney, or City
Manager may request that a discussion item be placed on the agenda of a
regular Council meeting, and such discussion item shall be placed on the
agenda of the regular Council meeting requested by the sponsor.
(c) A member of the public may request that a matter be placed on the
agenda subject to policies and procedures adopted under sub- section (]J]J.
Being placed on the agenda on the "Scheduled Public Comment" portion of the
agenda does not limit or restrict the requestor's ability to speak on a different
subject for which public comment is allowed.
New Text Underlined: (DELETED TEXT BRACKETED)
Page 5 of 172
Ordinance No. 2747-2014
Page 2 of 3
(d) A sponsor, all co-sponsors, proposer or requester may request that an
item be removed from the agenda before the agenda is published under the
policies and procedures adopted under subsection 6) and such item shall be
removed from the agenda, unless the item has been carried over or postponed
from a previous agenda.
(e) The City Clerk shall prepare the agenda for each Council meeting after
consultation with the Mayor and City Manager, subject to subsections (a)
through (d). A draft agenda shall be circulated to the Mayor and other Council
Members, and the City Manager.
(1) Notice of the date, time, place, and agenda for each Council meeting shall
be given to the public by publication in a newspaper of general circulation and
by posting to the City's website and to the official bulletin board at City Hall
under policies and procedures adopted under subsection 6). Additional public
notice of meetings may be given by other means.
(g) A meeting packet containing the agenda, all legislative items, and
supporting documentation for all agenda items shall be distributed to the
Mayor, Council Members, and the City Manager.
(h) The City Clerk shall cause a copy of the meeting packet to be posted on
the City's website and to be provided to the Kenai Community Library, in order
to be made available for public viewing under policies and procedures adopted
under subsection 0). The City Clerk shall cause a paper copy or electronic copy
of the meeting packet to be provided to any member of the public, or to any
organization, upon request under policies and procedures adopted under
subsection 0). At least one paper copy of the meeting packet shall be made
available to the public at the meeting.
(i) The City Clerk shall provide paper copies of any late materials to the
Mayor, each Council Member, City Manager, and City Attorney. The City Clerk
shall also make paper copies of late materials available to the public at the
meeting.
0) The administration may develop policies and procedures to implement
this section, subject to review and approval of Council.
(k) Failure to comply with the above policies and procedures or with any
administrative policies will not invalidate any ordinance or Council action as
long as there was a good faith effort at compliance by the City Clerk.
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.
New Text Underlined; [DELETED TEXT BRACKETED)
Page 6 of 172
Ordinance No. 2747-2014
Page 3 of 3
Section 4. Effective Date: That pursuant to KMC 1.15.070(1), this ordinance shall
take effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of May
2014.
ATTEST: PAT PORTER, MAYOR
Sandra Modigh, City Clerk
Introduced: April 2, 2014
Adopted: May 20, 2014
Effective: June 20, 2014
New Texr Underlined; [DELETED TEXT BRACKETED]
Page 7 of 172
/ \ "Vllaye with a Past, C# with a Future"
s 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 II
Telephone: 907-283-7535 / FAX: 907-283-3014
��tird cr y o f� 1992
KENAI, ALASKA
Nv/
MEMO*
/j/� TO: City Council
Y `FROM: Rick Koch, City Manager
DATE: May 14, 2014
SUBJECT: Ordinance No. 2747-2014
The purpose of this correspondence is to provide information in opposition to the above -
referenced, proposed ordinance.
This ordinance does not include an accompanying and/or supporting memorandum. As a result
it is unclear what problem, or perceived problem, is attempting to be resolved by the adoption
of this ordinance.
The effect of the ordinance would be to prohibit the City Manager, City Clerk, and City Attorney
from sponsoring ordinances and resolutions for Council consideration. I am unaware of any
problem or problems that have been caused by the Manager, Clerk, or Attorney being able to
sponsor ordinances and resolutions for the consideration of Council. Adoption of this ordinance
would fundamentally change the manner in which administrative actions are brought before
Council.
The following is a summary identifying sponsorship of ordinances and resolutions for the years
2011, 2012, and 2013:
# Ord./Res.
Sponsored by
Year City Manager
# Ord./Res.
Sponsored by
P & Z Comm.
(City Manager)
# Ord./Res.
Sponsored by
Clerk and/or
Attorney
# Ord./Res.
Sponsored by
Council, Mayor,
Councilors
2011 130
4
2
17
2012 97
7
2
11
2013 115
2
3
20
Totals 342
13
7
48
Page 8 of 172
Attached Exhibits A -F, provide specific data in support of the above summary table.
As you can see, the City Manager (Administration) over the latest three complete years has
sponsored 342 ordinances and resolutions, which comprise 83% of all ordinances and
resolutions introduced over that time period. Only two of the ordinances and resolutions
sponsored by the City Manager failed to be adopted, of which one was re -written at the
direction of Council and subsequently passed.
Past practice has been to show Ordinances and Resolutions being sponsored by the Planning &
Zoning Commission even though the Code does not provide that authority. As a practical
matter the sponsorship of Ordinances and Resolutions by the Planning &Zoning Commission
has been under the authority of the City Manager.
The majority of resolutions and ordinances sponsored by the City Manager are administrative in
nature, such as:
I.
Appropriations
2.
Budget transfers
3.
Fee schedules
4.
Permits
5.
Property leases
6. Acceptance of Grants
7. Establishing Annual Capital Improvement Project Priorities
8. Accepting Donations
9. Purchases and Contracts
Amending the Kenai Municipal Code to require the City Manger, City Clerk, and City Attorney to
request that a City Councilor and/or Mayor sponsor all ordinances and resolutions (with some
exception) would fundamentally change the manner in which legislation is brought before
Council for consideration. Also, it would create significant additional work to coordinate with,
provide information to, and brief, Council Members that the Manager, Clerk, and Attorney,
must ask to sponsor legislation.
It is unclear as to the purpose of this ordinance, and with respect to the sponsor,
Administration requests that the Council oppose Ordinance 2747-2014.
Page 9 of 172
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Page 10 of 172
Rick Koch
From:
Christine Cunningham
Sent:
Tuesday, May 13, 2014 1:18 PM F -
To:
Rick Koch
Subject:
Ordinances _Sponsored by_Admin_2011
Attachments:
Ordinances_Sponsored_by_Admin_2011.docx
There were 75 Ordinances archived in Laserfiche for 2011:
60 were sponsored by Administration (attached)
2 were sponsored by Councilors Bookey and Molloy (1 failed)
5 were sponsored by Councilor Boyle (2 failed)
3 were sponsored by the Planning & Zoning Commission
1 was sponsored by Councilors Marquis and Bookey and Administration
1 was sponsored by Councilor Molloy
1 was sponsored by the City Clerk
1 was sponsored by the City Clerk and City Attorney (post-poned indefinitely)
1 was sponsored by Councilor Moore
Christine Cunningham
Assistant to City Manager
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
907.283.8223
Kenai
M•Att�ticaCltY
Wil
Page 11 of 172
EXHIBIT
Page--IL-0i S
AGENDA
KENAI CITY COUNCIL — REGULAR MEETING
MAY 20, 2014
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http://www.ci.kenai.ak.us
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)
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty
(30) minutes aggregated)
Ordinance No. 2747-2014 — Amending Kenai Municipal Code 1.15.040 -
Agenda, to Require Ordinances and Resolutions to be Sponsored by at Least
One Council Member. [Clerk's Note: At its April 2"" meeting Council
postponed public hearing of this ordinance until the May 20'" meeting.] ................. Pg 5
2. Ordinance No. 2748-2014 — Amending Kenai Municipal Code 1.90.020 -
Duties, to Provide that Boards, Commissions, and Committees Act in an
Advisory Capacity to Council. [Clerk's Note: At its April 2nd meeting Council
postponed public hearing of this ordinance until the May 20th meeting.] ................. Pg 53
3. Ordinance No. 2753-2014 — Accepting and Appropriating a Grant from the
State of Alaska Department of Commerce Community and Economic
Development for $250,000 in the Kenai Bluff Stabilization Capital Project
Fund for the Kenai Bluff Erosion Control Project .................................................... Pg 59
4. Ordinance No. 2754-2014 — Accepting and Appropriating Funds Forfeited to
the Kenai Police Department.................................................................................Pg 63
5. Ordinance No. 2755-2014 — Amending Kenai Municipal Code 13.20.035 -
Camping, Fires, and other Activities on City Beaches, to Authorize the City
Manager to Temporarily Regulate Beach Activities to Protect Public Safety,
Health or Welfare, and for City Maintenance of Property.......................................Pg 65
6. Ordinance No. 2756-2014 — Repealing Kenai Municipal Code 13.20.030 -
Protection of North and South Shore, and Re -Enacting it as Kenai Municipal
Code 13.20.030 - Protection of Environmentally Sensitive Areas, to Expand
its Application and to Authorize the City Manager to Implement Restrictions
on Public Entry, Access and Use for the Protection of Environmentally
Sensitive Areas Owned or Managed by the City, Subject to Change by the
Council..................................................................................................................Pg 71
7. Resolution No. 2014-36 — Fixing the Rate of Levy of Property Tax for the
Fiscal Year Commencing July 1, 2014 and Ending June 30, 2015 ......................... Pg 83
8. Resolution No. 2014-37 — Setting a Date for Holding a Public Hearing on the
Proposed VIP Drive Special Assessment District...................................................Pg 87
E. MINUTES
1. *Regular Meeting of May 7, 2014............................................................................Pg 89
F. UNFINISHED BUSINESS
1. Resolution No. 2014-24 — Approving City Council Policy 2014-01, Kenai
Council Travel Policy, Establishing Procedures for Approval of Council
Travel. [Clerk's Note: At its April 16t" meeting Council postponed the
Resolution to the May 20t" meeting.] ...................................................................... Pg 101
G. NEW BUSINESS
1. *Action/Approval — Bills to be Ratified................................................................. Pg 105
2. *Action/Approval — Purchase Orders Exceeding $15,000 .................................... Pg 107
3. *Ordinance No. 2757-2014 — Adopting the Annual Budget for the Fiscal Year
Commencing July 1, 2014 and Ending June 30, 2015 ........................................... Pg 109
4. *Ordinance No. 2758-2014 — Appropriating Funds Donated to the Kenai
Animal Shelter from Kenai Spine, LLC...................................................................Pg 125
5. *Ordinance No. 2759-2014 — Accepting and Appropriating $2,232.19 for
Anticipated Police Computer Forensic Software Reimbursements from
Internet Crimes Against Children (ICAC)............................................................... Pg 127
City of Kenai Council Meeting Agenda Page 2 of 4
May 20, 2014
6. *Ordinance No. 2760-2014 — Accepting and Appropriating $2,050.92 for
SART (Sexual Assault Response Team) Exam Reimbursements from the
Stateof Alaska...................................................................................................... Pg 131
7. Action/Approval — Non -Objection of Liquor License Renewal for Pink
Coyote Limited, Annalea Lott D/B/A Main Street Tap & Grill .................................. Pg 135
8. Action/Approval — Mayoral Nomination and Council Confirmation of
Appointing Albert Weeks to the Council on Aging .................................................. Pg 141
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks and Recreation Commission
6. Planning and Zoning Commission... ...................................................................... Pg 143
7. Beautification Committee
8. Mini -Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager.........................................................................................................Pg 149
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 — None.
N. ADJOURNMENT
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review ............................ Pg 165
2. Correspondence from the Kenai Fire Fighters Association Regarding the 2014
Alaska State Fire Conference in September 2014 ....................................................... Pg 166
3. Kenai River Special Management Area Advisory Board Meeting Minutes of April
10, 2014...................................................................................................................... Pg 167
City of Kenai Council Meeting Agenda Page 3 of 4
May 20, 2014
4. Cook Inlet Regional Citizens Advisory Council Annual Report 2013Recognizing
Captain Richard "Barry" Eldridge.................................................................................Pg 170
The agenda and supporting documents are posted on the City's website at
www.ci.kenai.ak.us . 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.
City of Kenai Council Meeting Agenda Page 4 of 4
May 20, 2014
Suggested by: Council Member Boyle
CITY OF KENAI
ORDINANCE NO. 2747-2014
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KENAI MUNICIPAL CODE 1. 15.040 - AGENDA, TO REQUIRE ORDINANCES AND
RESOLUTIONS TO BE SPONSORED BY AT LEAST ONE COUNCIL MEMBER.
WHEREAS, the people of the City of Kenai, exercising the powers of a home rule
municipality established the Charter of the City of Kenai which, in Section 2-4(a)(2)
provides that Council shall have the power to enact legislation by ordinance; and,
WHEREAS, the City Charter in Section 2-4(a) also provides that all powers of the City,
including determination of all matters of policy are vested in the Council; and,
WHEREAS, only Council votes on the passage of all ordinances and resolutions; and,
WHEREAS, ordinances and resolutions cannot be adopted or enacted without a
majority of Council support.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that
Section 1. Form: That this is a code ordinance.
Section 2. Amendment of Section 1. 15.040 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 1. 15.040 - Agenda, is hereby amended as follows:
1.15.040 Agenda.
(a) The Mayor or other Council Member [, CITY CLERK, CITY ATTORNEY,
OR CITY MANAGER] may sponsor an ordinance for introduction or a resolution
for adoption, and such ordinance or resolution shall be placed on the agenda of
the regular Council meeting requested by the sponsor.
(b) The Mayor or other Council Member, City Clerk, City Attorney, or City
Manager may request that a discussion item be placed on the agenda of a
regular Council meeting, and such discussion item shall be placed on the
agenda of the regular Council meeting requested by the sponsor.
(c) A member of the public may request that a matter be placed on the
agenda subject to policies and procedures adopted under sub- section ([J]ICJ.
Being placed on the agenda on the "Scheduled Public Comment" portion of the
agenda does not limit or restrict the requestor's ability to speak on a different
subject for which public comment is allowed.
New Text Underlined; (DELETED TEXT BRACKETED)
Page 5 of 172
Ordinance No. 2747-2014
Page 2 of 3
(d) A sponsor, all co-sponsors, proposer or requester may request that an
item be removed from the agenda before the agenda is published under the
policies and procedures adopted under subsection 6) and such item shall be
removed from the agenda, unless the item has been carried over or postponed
from a previous agenda.
(e) The City Clerk shall prepare the agenda for each Council meeting after
consultation with the Mayor and City Manager, subject to subsections (a)
through (d). A draft agenda shall be circulated to the Mayor and other Council
Members, and the City Manager.
(f) Notice of the date, time, place, and agenda for each Council meeting shall
be given to the public by publication in a newspaper of general circulation and
by posting to the City's website and to the official bulletin board at City Hall
under policies and procedures adopted under subsection 0). Additional public
notice of meetings may be given by other means.
(g) A meeting packet containing the agenda, all legislative items, and
supporting documentation for all agenda items shall be distributed to the
Mayor, Council Members, and the City Manager.
(h) The City Clerk shall cause a copy of the meeting packet to be posted on
the City's website and to be provided to the Kenai Community Library, in order
to be made available for public viewing under policies and procedures adopted
under subsection 6). The City Clerk shall cause a paper copy or electronic copy
of the meeting packet to be provided to any member of the public, or to any
organization, upon request under policies and procedures adopted under
subsection 0). At least one paper copy of the meeting packet shall be made
available to the public at the meeting.
(i) The City Clerk shall provide paper copies of any late materials to the
Mayor, each Council Member, City Manager, and City Attorney. The City Clerk
shall also make paper copies of late materials available to the public at the
meeting.
0) The administration may develop policies and procedures to implement
this section, subject to review and approval of Council.
(k) Failure to comply with the above policies and procedures or with any
administrative policies will not invalidate any ordinance or Council action as
long as there was a good faith effort at compliance by the City Clerk.
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.
New Text Underlined; ]DELETED TEXT BRACKETED]
Page 6 of 172
Ordinance No. 2747-2014
Page 3 of 3
Section 4. Effective Date: That pursuant to KMC 1.15.070(1), this ordinance shall
take effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of May
2014.
ATTEST:
Sandra Modigh, City Clerk
PAT PORTER, MAYOR
Introduced: April 2, 2014
Adopted: May 20, 2014
Effective: June 20, 2014
New Text Underlined; [DELETED TEXT BRACKETED)
Page 7 of 172
\ "Village with a Past, C# with a Future"
bftd
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
/ Telephone: 907-283-7535 / FAX: 907-283-3014 ill�ll
��iire cil�' of f/ 1992
KENAIALASKA
\7
ME -M-00
TO: City Council
Y �l
FROM: Rick Koch, City Manager
I DATE: May 14, 2014
SUBJECT: Ordinance No. 2747-2014
The purpose of this correspondence is to provide information in opposition to the above -
referenced, proposed ordinance.
This ordinance does not include an accompanying and/or supporting memorandum. As a result
it is unclear what problem, or perceived problem, is attempting to be resolved by the adoption
of this ordinance.
The effect of the ordinance would be to prohibit the City Manager, City Clerk, and City Attorney
from sponsoring ordinances and resolutions for Council consideration. I am unaware of any
problem or problems that have been caused by the Manager, Clerk, or Attorney being able to
sponsor ordinances and resolutions for the consideration of Council. Adoption of this ordinance
would fundamentally change the manner in which administrative actions are brought before
Council.
The following is a summary identifying sponsorship of ordinances and resolutions for the years
2011, 2012, and 2013:
Year
# Ord./Res.
Sponsored by
City Manager
# Ord./Res.
Sponsored by
P & Z Comm.
(City Manager)
# Ord./Res.
Sponsored by
Clerk and/or
Attorney
# Ord./Res.
Sponsored by
Council, Mayor,
Councilors
2011
130
4
2
17
2012
97
7
2
11
2013
115
2
3
20
Totals
342
13
7
48
Page 8 of 172
Attached Exhibits A -F, provide specific data in support of the above summary table.
As you can see, the City Manager (Administration) overthe latest three complete years has
sponsored 342 ordinances and resolutions, which comprise 83% of all ordinances and
resolutions introduced over that time period. Only two of the ordinances and resolutions
sponsored by the City Manager failed to be adopted, of which one was re -written at the
direction of Council and subsequently passed.
Past practice has been to show Ordinances and Resolutions being sponsored by the Planning &
Zoning Commission even though the Code does not provide that authority. As a practical
matter the sponsorship of Ordinances and Resolutions by the Planning &Zoning Commission
has been under the authority of the City Manager.
The majority of resolutions and ordinances sponsored by the City Manager are administrative in
nature, such as:
1.
Appropriations
2.
Budget transfers
3.
Fee schedules
4.
Permits
5.
Property leases
6. Acceptance of Grants
7. Establishing Annual Capital Improvement Project Priorities
8. Accepting Donations
9. Purchases and Contracts
Amending the Kenai Municipal Code to require the City Manger, City Clerk, and City Attorney to
request that a City Councilor and/or Mayor sponsor all ordinances and resolutions (with some
exception) would fundamentally change the manner in which legislation is brought before
Council for consideration. Also, it would create significant additional work to coordinate with,
provide information to, and brief, Council Members that the Manager, Clerk, and Attorney,
must ask to sponsor legislation.
It is unclear as to the purpose of this ordinance, and with respect to the sponsor,
Administration requests that the Council oppose Ordinance 2747-2014.
Page 9 of 172
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Page 10 of 172
Rick Koch
From: Christine Cunningham
Sent: Tuesday, May 13, 2014 1:18 PM
To: Rick Koch
Subject: Ordinances _Sponsored by_Admin_2011
Attachments: Ord inances_Sponsored_by_Admin_2011.docx
There were 75 Ordinances archived in Laserfiche for 2011:
60 were sponsored by Administration (attached)
2 were sponsored by Councilors Bookey and Molloy (1 failed)
5 were sponsored by Councilor Boyle (2 failed)
3 were sponsored by the Planning & Zoning Commission
1 was sponsored by Councilors Marquis and Bookey and Administration
1 was sponsored by Councilor Molloy
1 was sponsored by the City Clerk
1 was sponsored by the City Clerk and City Attorney (post-poned indefinitely)
1 was sponsored by Councilor Moore
Christine Cunningham
Assistant to City Manager
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
907.283.8223
Kenai
AN-ArnfleaCity
IIID'
2011
Page 11 of 172
EXHISIT
Page � Oi
AGENDA
KENAI CITY COUNCIL — REGULAR MEETING
MAY 20, 2014
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http://www.ei.kenai.ak.us
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)
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker, thirty (30) minutes aggregated)
D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty
(30) minutes aggregated)
1. Ordinance No. 2747-2014 — Amending Kenai Municipal Code 1.15.040 -
Agenda, to Require Ordinances and Resolutions to be Sponsored by at Least
One Council Member. [Clerk's Note: At its April 2i' meeting Council
postponed public hearing of this ordinance until the May 20"' meeting.] ................. Pg 5
2. Ordinance No. 2748-2014 — Amending Kenai Municipal Code 1.90.020 -
Duties, to Provide that Boards, Commissions, and Committees Act in an
Advisory Capacity to Council. [Clerk's Note: At its April 2nd meeting Council
postponed public hearing of this ordinance until the May 20'h meeting.] ................. Pg 53
3. Ordinance No. 2753-2014 — Accepting and Appropriating a Grant from the
State of Alaska Department of Commerce Community and Economic
Development for $250,000 in the Kenai Bluff Stabilization Capital Project
Fund for the Kenai Bluff Erosion Control Project .................................................... Pg 59
4. Ordinance No. 2754-2014 — Accepting and Appropriating Funds Forfeited to
the Kenai Police Department.................................................................................Pg 63
5. Ordinance No. 2755-2014 — Amending Kenai Municipal Code 13.20.035 -
Camping, Fires, and other Activities on City Beaches, to Authorize the City
Manager to Temporarily Regulate Beach Activities to Protect Public Safety,
Health or Welfare, and for City Maintenance of Property. ... ................................... Pg 65
6. Ordinance No. 2756-2014 — Repealing Kenai Municipal Code 13.20.030 -
Protection of North and South Shore, and Re -Enacting it as Kenai Municipal
Code 13.20.030 - Protection of Environmentally Sensitive Areas, to Expand
its Application and to Authorize the City Manager to Implement Restrictions
on Public Entry, Access and Use for the Protection of Environmentally
Sensitive Areas Owned or Managed by the City, Subject to Change by the
Council..................................................................................................................Pg 71
7. Resolution No. 2014-36 — Fixing the Rate of Levy of Property Tax for the
Fiscal Year Commencing July 1, 2014 and Ending June 30, 2015 ......................... Pg 83
8. Resolution No. 2014-37 — Setting a Date for Holding a Public Hearing on the
Proposed VIP Drive Special Assessment District...................................................Pg 87
E. MINUTES
1. *Regular Meeting of May 7, 2014............................................................................Pg 89
F. UNFINISHED BUSINESS
1. Resolution No. 2014-24 — Approving City Council Policy 2014-01, Kenai
Council Travel Policy, Establishing Procedures for Approval of Council
Travel. [Clerk's Note: At its April 16'h meeting Council postponed the
Resolution to the May 20`h meeting.]...................................................................... Pg 101
G. NEW BUSINESS
1. *Action/Approval — Bills to be Ratified................................................................. Pg 105
2. *Action/Approval — Purchase Orders Exceeding $15,000 .................................... Pg 107
3. *Ordinance No. 2757-2014 — Adopting the Annual Budget for the Fiscal Year
Commencing July 1, 2014 and Ending June 30, 2015...........................................Pg 109
4. *Ordinance No. 2758-2014 — Appropriating Funds Donated to the Kenai
Animal Shelter from Kenai Spine, LLC................................................................... Pg 125
5. *Ordinance No. 2759-2014 — Accepting and Appropriating $2,232.19 for
Anticipated Police Computer Forensic Software Reimbursements from
Internet Crimes Against Children (ICAC)............................................................... Pg 127
City of Kenai Council Meeting Agenda Page 2 of 4
May 20, 2014
6. *Ordinance No. 2760-2014 — Accepting and Appropriating $2,050.92 for
SART (Sexual Assault Response Team) Exam Reimbursements from the
Stateof Alaska...................................................................................................... Pg 131
7. Action/Approval — Non -Objection of Liquor License Renewal for Pink
Coyote Limited, Annalea Lott D/B/A Main Street Tap & Grill .................................. Pg 135
8. Action/Approval — Mayoral Nomination and Council Confirmation of
Appointing Albert Weeks to the Council on Aging..................................................Pg 141
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks and Recreation Commission
6. Planning and Zoning Commission.........................................................................Pg 143
7. Beautification Committee
8. Mini -Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager.........................................................................................................Pg 149
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 — None.
N. ADJOURNMENT
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review ............................ Pg 165
2. Correspondence from the Kenai Fire Fighters Association Regarding the 2014
Alaska State Fire Conference in September 2014 ....................................................... Pg 166
3. Kenai River Special Management Area Advisory Board Meeting Minutes of April
10, 2014...................................................................................................................... Pg 167
City of Kenai Council Meeting Agenda Page 3 of 4
May 20, 2014
4. Cook Inlet Regional Citizens Advisory Council Annual Report 2013Recognizing
Captain Richard "Barry„ Eldridge.................................................................................Pg 170
The agenda and supporting documents are posted on the City's website at
www.ci.kenai.ak.us . 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.
City of Kenai Council Meeting Agenda
May 20, 2014
t./
Suggested by: Council Member Boyle
CITY OF KENAI
[ANCE NO. 2747-2014
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KENAI MUNICIPAL CODE 1. 15.040 - AGENDA, TO REQUIRE ORDINANCES AND
RESOLUTIONS TO BE SPONSORED BY AT LEAST ONE COUNCIL MEMBER.
WHEREAS, the people of the City of Kenai, exercising the powers of a home rule
municipality established the Charter of the City of Kenai which, in Section 2-4(a)(2)
provides that Council shall have the power to enact legislation by ordinance; and,
WHEREAS, the City Charter in Section 2-4(a) also provides that all powers of the City,
including determination of all matters of policy are vested in the Council; and,
WHEREAS, only Council votes on the passage of all ordinances and resolutions; and,
WHEREAS, ordinances and resolutions cannot be adopted or enacted without a
majority of Council support.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that
Section 1. Form: That this is a code ordinance.
Section 2. Amendment of Section 1.15.040 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 1. 15.040 - Agenda, is hereby amended as follows:
1.15.040 Agenda.
(a) The Mayor or other Council Member [, CITY CLERK, CITY ATTORNEY,
OR CITY MANAGER] may sponsor an ordinance for introduction or a resolution
for adoption, and such ordinance or resolution shall be placed on the agenda of
the regular Council meeting requested by the sponsor.
(b) The Mayor or other Council Member, City Clerk, City Attorney, or City
Manager may request that a discussion item be placed on the agenda of a
regular Council meeting, and such discussion item shall be placed on the
agenda of the regular Council meeting requested by the sponsor.
(c) A member of the public may request that a matter be placed on the
agenda subject to policies and procedures adopted under sub- section ([J]J.
Being placed on the agenda on the "Scheduled Public Comment" portion of the
agenda does not limit or restrict the requestor's ability to speak on a different
subject for which public comment is allowed.
New Tem Underlined; [DELETED TEXT BRACKETED]
Page 5 of 172
Ordinance No. 2747-2014
Page 2 of 3
(d) A sponsor, all co-sponsors, proposer or requester may request that an
item be removed from the agenda before the agenda is published under the
policies and procedures adopted under subsection 6) and such item shall be
removed from the agenda, unless the item has been carried over or postponed
from a previous agenda.
(e) The City Clerk shall prepare the agenda for each Council meeting after
consultation with the Mayor and City Manager, subject to subsections (a)
through (d). A draft agenda shall be circulated to the Mayor and other Council
Members, and the City Manager.
(i) Notice of the date, time, place, and agenda for each Council meeting shall
be given to the public by publication in a newspaper of general circulation and
by posting to the City's website and to the official bulletin board at City Hall
under policies and procedures adopted under subsection 0). Additional public
notice of meetings may be given by other means.
(g) A meeting packet containing the agenda, all legislative items, and
supporting documentation for all agenda items shall be distributed to the
Mayor, Council Members, and the City Manager.
(h) The City Clerk shall cause a copy of the meeting packet to be posted on
the City's website and to be provided to the Kenai Community Library, in order
to be made available for public viewing under policies and procedures adopted
under subsection 0). The City Clerk shall cause a paper copy or electronic copy
of the meeting packet to be provided to any member of the public, or to any
organization, upon request under policies and procedures adopted under
subsection 0). At least one paper copy of the meeting packet shall be made
available to the public at the meeting.
(i) The City Clerk shall provide paper copies of any late materials to the
Mayor, each Council Member, City Manager, and City Attorney. The City Clerk
shall also make paper copies of late materials available to the public at the
meeting.
0) The administration may develop policies and procedures to implement
this section, subject to review and approval of Council.
(k) Failure to comply with the above policies and procedures or with any
administrative policies will not invalidate any ordinance or Council action as
long as there was a good faith effort at compliance by the City Clerk.
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.
Nein Text Underlined; )DELETED TEXT BRACKETED)
Page 6 of 172
Ordinance No. 2747-2014
Page 3 of 3
Section 4. Effective Date: That pursuant to KMC I. 15.070(f), this ordinance shall
take effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of May
2014.
ATTEST:
Sandra Modigh, City Clerk
PAT PORTER, MAYOR
Introduced: April 2, 2014
Adopted: May 20, 2014
Effective: June 20, 2014
New Test Underlined; (DELETED TEXT BRACKETED]
Page 7 of 172
"Villaye with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
1992
MEMO:
TO: City Council
V Y IFROM: Rick Koch, City Manager
I DATE: May 14, 2014
SUBJECT: Ordinance No. 2747-2014
The purpose of this correspondence is to provide information in opposition to the above -
referenced, proposed ordinance.
This ordinance does not include an accompanying and/or supporting memorandum. As a result
it is unclear what problem, or perceived problem, is attempting to be resolved by the adoption
of this ordinance.
The effect of the ordinance would be to prohibit the City Manager, City Clerk, and City Attorney
from sponsoring ordinances and resolutions for Council consideration. I am unaware of any
problem or problems that have been caused by the Manager, Clerk, or Attorney being able to
sponsor ordinances and resolutions for the consideration of Council. Adoption of this ordinance
would fundamentally change the manner in which administrative actions are brought before
Council.
The following is a summary identifying sponsorship of ordinances and resolutions for the years
2011, 2012, and 2013:
Year
# Ord./Res.
Sponsored by
City Manager
# Ord./Res.
Sponsored by
P & Z Comm.
(City Manager)
# Ord./Res.
Sponsored by
Clerk and/or
Attorney
# Ord./Res.
Sponsored by
Council, Mayor,
Councilors
2011
130
4
2
17
2012
97
7
2
11
2013
115
2
3
20
Totals
342
13
7
48
Page 8 of 172
Attached Exhibits A -F, provide specific data in support of the above summary table.
As you can see, the City Manager (Administration) over the latest three complete years has
sponsored 342 ordinances and resolutions, which comprise 83% of all ordinances and
resolutions introduced over that time period. Only two of the ordinances and resolutions
sponsored by the City Manager failed to be adopted, of which one was re -written at the
direction of Council and subsequently passed.
Past practice has been to show Ordinances and Resolutions being sponsored by the Planning &
Zoning Commission even though the Code does not provide that authority. As a practical
matter the sponsorship of Ordinances and Resolutions by the Planning &Zoning Commission
has been under the authority of the City Manager.
The majority of resolutions and ordinances sponsored by the City Manager are administrative in
nature, such as:
1.
Appropriations
2.
Budget transfers
3.
Fee schedules
4.
Permits
5.
Property leases
6. Acceptance of Grants
7. Establishing Annual Capital Improvement Project Priorities
8. Accepting Donations
9. Purchases and Contracts
Amending the Kenai Municipal Code to require the City Manger, City Clerk, and City Attorney to
request that a City Councilor and/or Mayor sponsor all ordinances and resolutions (with some
exception) would fundamentally change the manner in which legislation is brought before
Council for consideration. Also, it would create significant additional work to coordinate with,
provide information to, and brief, Council Members that the Manager, Clerk, and Attorney,
must ask to sponsor legislation.
It is unclear as to the purpose of this ordinance, and with respect to the sponsor,
Administration requests that the Council oppose Ordinance 2747-2014.
Page 9 of 172
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Page 10 of 172
Rick Koch
From:
Christine Cunningham
Sent:
Tuesday, May 13, 2014 1:18 PM
To:
Rick Koch
Subject:
Ordinances—Sponsored by_Admin_2011
Attachments:
Ord inances_Sponsored_by_Ad min_2011. docx
There were 75 Ordinances archived in Laserfiche for 2011:
60 were sponsored by Administration (attached)
2 were sponsored by Councilors Bookey and Molloy (1 failed)
5 were sponsored by Councilor Boyle (2 failed)
3 were sponsored by the Planning & Zoning Commission
1 was sponsored by Councilors Marquis and Bookey and Administration
1 was sponsored by Councilor Molloy
1 was sponsored by the City Clerk
1 was sponsored by the City Clerk and City Attorney (post-poned indefinitely)
1 was sponsored by Councilor Moore
Christine Cunningham
Assistant to City Manager
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
907.283.8223
Kenai
AB-AmaricaWy
IIIIc
2011
Page 11 of 172
l�
EXHIM A U
00rva 2 ni D
AGENDA
KENAI CITY COUNCIL — REGULAR MEETING
MAY 20, 2014
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
httip://www.ci.kenai.ak.us
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)
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker, thirty (30) minutes aggregated)
D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty
(30) minutes aggregated)
1. Ordinance No. 2747-2014 — Amending Kenai Municipal Code 1.15.040 -
Agenda, to Require Ordinances and Resolutions to be Sponsored by at Least
One Council Member. [Clerk's Note: At its April 2 Id meeting Council
postponed public hearing of this ordinance until the May 20th meeting.] ................. Pg 5
2. Ordinance No. 2748-2014 — Amending Kenai Municipal Code 1.90.020 -
Duties, to Provide that Boards, Commissions, and Committees Act in an
Advisory Capacity to Council. [Clerk's Note: At its April 2"d meeting Council
postponed public hearing of this ordinance until the May 20'h meeting.] ................. Pg 53
3. Ordinance No. 2753-2014 — Accepting and Appropriating a Grant from the
State of Alaska Department of Commerce Community and Economic
Development for $250,000 in the Kenai Bluff Stabilization Capital Project
Fund for the Kenai Bluff Erosion Control Project....................................................Pg 59
4. Ordinance No. 2754-2014 — Accepting and Appropriating Funds Forfeited to
the Kenai Police Department.................................................................................Pg 63
5. Ordinance No. 2755-2014 — Amending Kenai Municipal Code 13.20.035 -
Camping, Fires, and other Activities on City Beaches, to Authorize the City
Manager to Temporarily Regulate Beach Activities to Protect Public Safety,
Health or Welfare, and for City Maintenance of Property ....................................... Pg 65
6. Ordinance No. 2756-2014 — Repealing Kenai Municipal Code 13.20.030 -
Protection of North and South Shore, and Re -Enacting it as Kenai Municipal
Code 13.20.030 - Protection of Environmentally Sensitive Areas, to Expand
its Application and to Authorize the City Manager to Implement Restrictions
on Public Entry, Access and Use for the Protection of Environmentally
Sensitive Areas Owned or Managed by the City, Subject to Change by the
Council..................................................................................................................Pg 71
7. Resolution No. 2014-36 — Fixing the Rate of Levy of Property Tax for the
Fiscal Year Commencing July 1, 2014 and Ending June 30, 2015.........................Pg 83
8. Resolution No. 2014-37 — Setting a Date for Holding a Public Hearing on the
Proposed VIP Drive Special Assessment District...................................................Pg 87
E. MINUTES
1. `Regular Meeting of May 7, 2014............................................................................Pg 89
F. UNFINISHED BUSINESS
1. Resolution No. 2014-24 — Approving City Council Policy 2014-01, Kenai
Council Travel Policy, Establishing Procedures for Approval of Council
Travel. [Clerk's Note: At its April 16th meeting Council postponed the
Resolution to the May 20m meeting.]...................................................................... Pg 101
G. NEW BUSINESS
1. *Action/Approval — Bills to be Ratified................................................................. Pg 105
2. *Action/Approval — Purchase Orders Exceeding $15,000 .................................... Pg 107
3. *Ordinance No. 2757-2014 — Adopting the Annual Budget for the Fiscal Year
Commencing July 1, 2014 and Ending June 30, 2015...........................................Pg 109
4. *Ordinance No. 2758-2014 — Appropriating Funds Donated to the Kenai
Animal Shelter from Kenai Spine, LLC...................................................................Pg 125
5. *Ordinance No. 2759-2014 — Accepting and Appropriating $2,232.19 for
Anticipated Police Computer Forensic Software Reimbursements from
Internet Crimes Against Children (ICAC)............................................................... Pg 127
City of Kenai Council Meeting Agenda
May 20, 2014
V
6. *Ordinance No. 2760-2014 — Accepting and Appropriating $2,050.92 for
SART (Sexual Assault Response Team) Exam Reimbursements from the
Stateof Alaska......................................................................................................Pg 131
7. Action/Approval — Non -Objection of Liquor License Renewal for Pink
Coyote Limited, Annalea Lott D/B/A Main Street Tap & Grill .................................. Pg 135
8. Action/Approval — Mayoral Nomination and Council Confirmation of
Appointing Albert Weeks to the Council on Aging..................................................Pg 141
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks and Recreation Commission
6. Planning and Zoning Commission.........................................................................Pg 143
7. Beautification Committee
8. Mini -Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager.........................................................................................................Pg 149
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 — None.
N. ADJOURNMENT
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review ............................ Pg 165
2. Correspondence from the Kenai Fire Fighters Association Regarding the 2014
Alaska State Fire Conference in September 2014 ....................................................... Pg 166
3. Kenai River Special Management Area Advisory Board Meeting Minutes of April
10, 2014...................................................................................................................... Pg 167
City of Kenai Council Meeting Agenda Page 3 of 4
May 20, 2014
4. Cook Inlet Regional Citizens Advisory Council Annual Report 2013Recognizing
Captain Richard "Barry' Eldridge.................................................................................Pg 170
The agenda and supporting documents are posted on the City's website at
www.ci.kenai.ak.us . 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.
City of Kenai Council Meeting Agenda Page 4 of 4
May 20, 2014
Suggested by: Council Member Boyle
CITY OF KENAI
ORDINANCE NO. 2747-2014
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KENAI MUNICIPAL CODE 1. 15.040 - AGENDA, TO REQUIRE ORDINANCES AND
RESOLUTIONS TO BE SPONSORED BY AT LEAST ONE COUNCIL MEMBER.
WHEREAS, the people of the City of Kenai, exercising the powers of a home rule
municipality established the Charter of the City of Kenai which, in Section 2-4(a)(2)
provides that Council shall have the power to enact legislation by ordinance; and,
WHEREAS, the City Charter in Section 2-4(a) also provides that all powers of the City,
including determination of all matters of policy are vested in the Council; and,
WHEREAS, only Council votes on the passage of all ordinances and resolutions; and,
WHEREAS, ordinances and resolutions cannot be adopted or enacted without a
majority of Council support.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that
Section 1. Form: That this is a code ordinance.
Section 2. Amendment of Section 1.15.040 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 1. 15.040 - Agenda, is hereby amended as follows:
1.15.040 Agenda.
(a) The Mayor or other Council Member [, CITY CLERK, CITY ATTORNEY,
OR CITY MANAGER] may sponsor an ordinance for introduction or a resolution
for adoption, and such ordinance or resolution shall be placed on the agenda of
the regular Council meeting requested by the sponsor.
(b) The Mayor or other Council Member, City Clerk, City Attorney, or City
Manager may request that a discussion item be placed on the agenda of a
regular Council meeting, and such discussion item shall be placed on the
agenda of the regular Council meeting requested by the sponsor.
(c) A member of the public may request that a matter be placed on the
agenda subject to policies and procedures adopted under sub- section ([J]k).
Being placed on the agenda on the "Scheduled Public Comment" portion of the
agenda does not limit or restrict the requestor's ability to speak on a different
subject for which public comment is allowed.
New Text Underlined; [DELETED TEXT BRACKETED]
Page 5 of 172
Ordinance No. 2747-2014
Page 2 of 3
(d) A sponsor, all co-sponsors, proposer or requester may request that an
item be removed from the agenda before the agenda is published under the
policies and procedures adopted under subsection 6) and such item shall be
removed from the agenda, unless the item has been carried over or postponed
from a previous agenda.
(e) The City Clerk shall prepare the agenda for each Council meeting after
consultation with the Mayor and City Manager, subject to subsections (a)
through (d). A draft agenda shall be circulated to the Mayor and other Council
Members, and the City Manager.
(f) Notice of the date, time, place, and agenda for each Council meeting shall
be given to the public by publication in a newspaper of general circulation and
by posting to the City's website and to the official bulletin board at City Hall
under policies and procedures adopted under subsection 0). Additional public
notice of meetings may be given by other means.
(g) A meeting packet containing the agenda, all legislative items, and
supporting documentation for all agenda items shall be distributed to the
Mayor, Council Members, and the City Manager.
(h) The City Clerk shall cause a copy of the meeting packet to be posted on
the City's website and to be provided to the Kenai Community Library, in order
to be made available for public viewing under policies and procedures adopted
under subsection 6). The City Clerk shall cause a paper copy or electronic copy
of the meeting packet to be provided to any member of the public, or to any
organization, upon request under policies and procedures adopted under
subsection 0). At least one paper copy of the meeting packet shall be made
available to the public at the meeting.
(i) The City Clerk shall provide paper copies of any late materials to the
Mayor, each Council Member, City Manager, and City Attorney. The City Clerk
shall also make paper copies of late materials available to the public at the
meeting.
0) The administration may develop policies and procedures to implement
this section, subject to review and approval of Council.
(k) Failure to comply with the above policies and procedures or with any
administrative policies will not invalidate any ordinance or Council action as
long as there was a good faith effort at compliance by the City Clerk.
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.
New Text Underlined; )DELETED TEXT BRACKETED)
Page 6 of 172
Ordinance No. 2747-2014
Page 3 of 3
Section 4. Effective Date: That pursuant to KMC 1.15.0700, this ordinance shall
take effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of May
2014.
ATTEST:
Sandra Modigh, City Clerk
PAT PORTER, MAYOR
Introduced: April 2, 2014
Adopted: May 20, 2014
Effective: June 20, 2014
Nein Teat Underlined; (DELETED TEXT BRACKETED)
Page 7 of 172
101
"Village with a Past, C# with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611-7794 II„
Telephone: 907-283-7535 / FAX: 907-283-3014
1992
MEMO:
TO: City Council
j V
FROM: Rick Koch, City Manager
I DATE: May 14, 2014
SUBJECT: Ordinance No. 2747-2014
The purpose of this correspondence is to provide information in opposition to the above -
referenced, proposed ordinance.
This ordinance does not include an accompanying and/or supporting memorandum. As a result
it is unclear what problem, or perceived problem, is attempting to be resolved by the adoption
of this ordinance.
The effect of the ordinance would be to prohibit the City Manager, City Clerk, and City Attorney
from sponsoring ordinances and resolutions for Council consideration. I am unaware of any
problem or problems that have been caused by the Manager, Clerk, or Attorney being able to
sponsor ordinances and resolutions for the consideration of Council. Adoption of this ordinance
would fundamentally change the manner in which administrative actions are brought before
Council.
The following is a summary identifying sponsorship of ordinances and resolutions for the years
2011, 2012, and 2013:
Year
# Ord./Res.
Sponsored by
City Manager
# Ord./Res.
Sponsored by
P & Z Comm.
(City Manager)
# Ord./Res. # Ord./Res.
Sponsored by Sponsored by
Clerk and/or Council, Mayor,
Attorney Councilors
2011
130
4
2 17
2012
97
7
2 11
2013
115
2
3 20
Totals
342
13
7 48
Page 8 of 172
Attached Exhibits A -F, provide specific data in support of the above summary table.
As you can see, the City Manager (Administration) overthe latest three complete years has
sponsored 342 ordinances and resolutions, which comprise 83% of all ordinances and
resolutions introduced over that time period. Only two of the ordinances and resolutions
sponsored by the City Manager failed to be adopted, of which one was re -written at the
direction of Council and subsequently passed.
Past practice has been to show Ordinances and Resolutions being sponsored by the Planning &
Zoning Commission even though the Code does not provide that authority. As a practical
matter the sponsorship of Ordinances and Resolutions by the Planning &Zoning Commission
has been under the authority of the City Manager.
The majority of resolutions and ordinances sponsored by the City Manager are administrative in
nature, such as:
1. Appropriations
2. Budget transfers
3. Fee schedules
4. Permits
5. Property leases
6. Acceptance of Grants
7. Establishing Annual Capital Improvement Project Priorities
B. Accepting Donations
9. Purchases and Contracts
Amending the Kenai Municipal Code to require the City Manger, City Clerk, and City Attorney to
request that a City Councilor and/or Mayor sponsor all ordinances and resolutions (with some
exception) would fundamentally change the manner in which legislation is brought before
Council for consideration. Also, it would create significant additional work to coordinate with,
provide information to, and brief, Council Members that the Manager, Clerk, and Attorney,
must ask to sponsor legislation.
It is unclear as to the purpose of this ordinance, and with respect to the sponsor,
Administration requests that the Council oppose Ordinance 2747-2014.
Page 9 of 172
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Page 10 of 172
Rick Koch
From:
Christine Cunningham
Sent:
Tuesday, May 13, 2014 1:18 PM
To:
Rick Koch
Subject:
Ordinances_Sponsored_by_Admin_2011
Attachments:
Ordinances_S p on s o red_by_Ad m i n_2011. do cx
There were 75 Ordinances archived in Laserfiche for 2011:
60 were sponsored by Administration (attached)
2 were sponsored by Councilors Bookey and Molloy (1 failed)
5 were sponsored by Councilor Boyle (2 failed)
3 were sponsored by the Planning & Zoning Commission
1 was sponsored by Councilors Marquis and Bookey and Administration
1 was sponsored by Councilor Molloy
1 was sponsored by the City Clerk
1 was sponsored by the City Clerk and City Attorney (post-poned indefinitely)
1 was sponsored by Councilor Moore
Christine Cunningham
Assistant to City Manager
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
907.283.8223
Kenai
Ali-AmericaCriY
2011
Page 11 of 172
EXHIBIT
page ;� Xh— -- c�--
ce
L' -
i i
f f
ce
L' -
AGENDA
KENAI CITY COUNCIL — REGULAR MEETING
MAY 20, 2014
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http://www.ci.kenai.ak.us
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)
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker, thirty (30) minutes aggregated)
D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty
(30) minutes aggregated)
1. Ordinance No. 2747-2014 — Amending Kenai Municipal Code 1.15.040 -
Agenda, to Require Ordinances and Resolutions to be Sponsored by at Least
One Council Member. [Clerk's Note: At its April 2 Id meeting Council
postponed public hearing of this ordinance until the May 20th meeting.] ................. Pg 5
2. Ordinance No. 2748-2014 — Amending Kenai Municipal Code 1.90.020 -
Duties, to Provide that Boards, Commissions, and Committees Act in an
Advisory Capacity to Council. [Clerk's Note: At its April 2nd meeting Council
postponed public hearing of this ordinance until the May 20'h meeting.] ................. Pg 53
3. Ordinance No. 2753-2014 — Accepting and Appropriating a Grant from the
State of Alaska Department of Commerce Community and Economic
Development for $250,000 in the Kenai Bluff Stabilization Capital Project
Fund for the Kenai Bluff Erosion Control Project .................................................... Pg 59
4. Ordinance No. 2754-2014 — Accepting and Appropriating Funds Forfeited to
the Kenai Police Department.................................................................................Pg 63
5. Ordinance No. 2755-2014 — Amending Kenai Municipal Code 13.20.035 -
Camping, Fires, and other Activities on City Beaches, to Authorize the City
Manager to Temporarily Regulate Beach Activities to Protect Public Safety,
Health or Welfare, and for City Maintenance of Property ....................................... Pg 65
6. Ordinance No. 2756-2014 — Repealing Kenai Municipal Code 13.20.030 -
Protection of North and South Shore, and Re -Enacting it as Kenai Municipal
Code 13.20.030 - Protection of Environmentally Sensitive Areas, to Expand
its Application and to Authorize the City Manager to Implement Restrictions
on Public Entry, Access and Use for the Protection of Environmentally
Sensitive Areas Owned or Managed by the City, Subject to Change by the
Council..................................................................................................................Pg 71
7. Resolution No. 2014-36 — Fixing the Rate of Levy of Property Tax for the
Fiscal Year Commencing July 1, 2014 and Ending June 30, 2015.........................Pg 83
8. Resolution No. 2014-37 — Setting a Date for Holding a Public Hearing on the
Proposed VIP Drive Special Assessment District...................................................Pg 87
E. MINUTES
1. *Regular Meeting of May 7, 2014............................................................................Pg 89
F. UNFINISHED BUSINESS
1. Resolution No. 2014-24 — Approving City Council Policy 2014-01, Kenai
Council Travel Policy, Establishing Procedures for Approval of Council
Travel. [Clerk's Note: At its April 16`h meeting Council postponed the
Resolution to the May 20th meeting.]...................................................................... Pg 101
G. NEW BUSINESS
1. *Action/Approval — Bills to be Ratified................................................................. Pg 105
2. *Action/Approval — Purchase Orders Exceeding $15,000 .................................... Pg 107
3. *Ordinance No. 2757-2014 — Adopting the Annual Budget for the Fiscal Year
Commencing July 1, 2014 and Ending June 30, 2015 ........................................... Pg 109
4. *Ordinance No. 2758-2014 — Appropriating Funds Donated to the Kenai
Animal Shelter from Kenai Spine, LLC...................................................................Pg 125
5. *Ordinance No. 2759-2014 — Accepting and Appropriating $2,232.19 for
Anticipated Police Computer Forensic Software Reimbursements from
Internet Crimes Against Children (ICAC)...............................................................Pg 127
City of Kenai Council Meeting Agenda Page 2 of 4 —
May 20, 2014
l:9
6. *Ordinance No. 2760-2014 — Accepting and Appropriating $2,050.92 for
SART (Sexual Assault Response Team) Exam Reimbursements from the
Stateof Alaska...................................................................................................... Pg 131
7. Action/Approval — Non -Objection of Liquor License Renewal for Pink
Coyote Limited, Annalea Lott D/B/A Main Street Tap & Grill .................................. Pg 135
8. Action/Approval — Mayoral Nomination and Council Confirmation of
Appointing Albert Weeks to the Council on Aging..................................................Pg 141
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks and Recreation Commission
6. Planning and Zoning Commission.........................................................................Pg 143
7. Beautification Committee
8. Mini -Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager.........................................................................................................Pg 149
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 — None.
N. ADJOURNMENT
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review ............................Pg 165
2. Correspondence from the Kenai Fire Fighters Association Regarding the 2014
Alaska State Fire Conference in September 2014 ....................................................... Pg 166
3. Kenai River Special Management Area Advisory Board Meeting Minutes of April
10, 2014...................................................................................................................... Pg 167
City of Kenai Council Meeting Agenda Page 3 of 4
May 20, 2014
4. Cook Inlet Regional Citizens Advisory Council Annual Report 2013Recognizing
Captain Richard `Barry„ Eldridge.................................................................................Pg 170
The agenda and supporting documents are posted on the City's website at
www.ci.kenai.ak.us . 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.
City of Kenai Council Meeting Agenda Page 4 of 4
May 20, 2014
W
Suggested by: Council Member Boyle
CITY OF KENAI
LANCE NO. 2747-2014
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KENAI MUNICIPAL CODE 1.15.040 - AGENDA, TO REQUIRE ORDINANCES AND
RESOLUTIONS TO BE SPONSORED BY AT LEAST ONE COUNCIL MEMBER.
WHEREAS, the people of the City of Kenai, exercising the powers of a home rule
municipality established the Charter of the City of Kenai which, in Section 2-4(a)(2)
provides that Council shall have the power to enact legislation by ordinance; and,
WHEREAS, the City Charter in Section 2-4(a) also provides that all powers of the City,
including determination of all matters of policy are vested in the Council; and,
WHEREAS, only Council votes on the passage of all ordinances and resolutions; and,
WHEREAS, ordinances and resolutions cannot be adopted or enacted without a
majority of Council support.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that
Section 1. Form: That this is a code ordinance.
Section 2. Amendment of Section 1. 15.040 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 1. 15.040 - Agenda, is hereby amended as follows:
1.15.040 Agenda.
(a) The Mayor or other Council Member [, CITY CLERK, CITY ATTORNEY,
OR CITY MANAGER] may sponsor an ordinance for introduction or a resolution
for adoption, and such ordinance or resolution shall be placed on the agenda of
the regular Council meeting requested by the sponsor.
(b) The Mayor or other Council Member, City Clerk, City Attorney, or City
Manager may request that a discussion item be placed on the agenda of a
regular Council meeting, and such discussion item shall be placed on the
agenda of the regular Council meeting requested by the sponsor.
(c) A member of the public may request that a matter be placed on the
agenda subject to policies and procedures adopted under sub- section ([J]J.
Being placed on the agenda on the "Scheduled Public Comment" portion of the
agenda does not limit or restrict the requestor's ability to speak on a different
subject for which public comment is allowed.
New Text Underlined; [DELETED TEXT BRACKETED]
Page 5 of 172
Ordinance No. 2747-2014
Page 2 of 3
(d) A sponsor, all co-sponsors, proposer or requester may request that an
item be removed from the agenda before the agenda is published under the
policies and procedures adopted under subsection 6) and such item shall be
removed from the agenda, unless the item has been carried over or postponed
from a previous agenda.
(e) The City Clerk shall prepare the agenda for each Council meeting after
consultation with the Mayor and City Manager, subject to subsections (a)
through (d). A draft agenda shall be circulated to the Mayor and other Council
Members, and the City Manager.
{� Notice of the date, time, place, and agenda for each Council meeting shall
be given to the public by publication in a newspaper of general circulation and
by posting to the City's website and to the official bulletin board at City Hall
under policies and procedures adopted under subsection 0). Additional public
notice of meetings may be given by other means.
(g) A meeting packet containing the agenda, all legislative items, and
supporting documentation for all agenda items shall be distributed to the
Mayor, Council Members, and the City Manager.
(h) The City Clerk shall cause a copy of the meeting packet to be posted on
the City's website and to be provided to the Kenai Community Library, in order
to be made available for public viewing under policies and procedures adopted
under subsection 0). The City Clerk shall cause a paper copy or electronic copy
of the meeting packet to be provided to any member of the public, or to any
organization, upon request under policies and procedures adopted under
subsection 0). At least one paper copy of the meeting packet shall be made
available to the public at the meeting.
(i) The City Clerk shall provide paper copies of any late materials to the
Mayor, each Council Member, City Manager, and City Attorney. The City Clerk
shall also make paper copies of late materials available to the public at the
meeting.
0) The administration may develop policies and procedures to implement
this section, subject to review and approval of Council.
(k) Failure to comply with the above policies and procedures or with any
administrative policies will not invalidate any ordinance or Council action as
long as there was a good faith effort at compliance by the City Clerk.
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.
New Text Underlined; ]DELETED TEXT BRACKETED]
Page 6 of 172
Ordinance No. 2747-2014
Page 3 of 3
Section 4. Effective Date: That pursuant to KMC 1.15.070(fl, this ordinance shall
take effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of May
2014.
ATTEST:
Sandra Modigh, City Clerk
PAT PORTER, MAYOR
Introduced: April 2, 2014
Adopted: May 20, 2014
Effective: June 20, 2014
New Text Underlined; [DELETED TEXT BRACKETED]
Page 7 of 172
"Vllaye with a Past, C# with a Future°
210 Fidalgo Avenue, Kenai, Alaska 99611-7794 i�a,
Telephone: 907-283-7535 / FAX: 907-283-3014 it I.I
1991
MEMO:
TO: City Council
Y
FROM: Rick Koch, City Manager
DATE: May 14, 2014
SUBJECT: Ordinance No. 2747-2014
The purpose of this correspondence is to provide information in opposition to the above -
referenced, proposed ordinance.
This ordinance does not include an accompanying and/or supporting memorandum. As a result
it is unclear what problem, or perceived problem, is attempting to be resolved by the adoption
of this ordinance.
The effect of the ordinance would be to prohibit the City Manager, City Clerk, and City Attorney
from sponsoring ordinances and resolutions for Council consideration. I am unaware of any
problem or problems that have been caused by the Manager, Clerk, or Attorney being able to
sponsor ordinances and resolutions for the consideration of Council. Adoption of this ordinance
would fundamentally change the manner in which administrative actions are brought before
Council.
The following is a summary identifying sponsorship of ordinances and resolutions for the years
2011, 2012, and 2013:
Year
# Ord./Res.
Sponsored by
City Manager
# Ord./Res.
Sponsored by
P & Z Comm.
(City Manager)
# Ord./Res.
Sponsored by
Clerk and/or
Attorney
# Ord./Res.
Sponsored by
Council, Mayor,
Councilors
2011
130
4
2
17
2012
97
7
2
11
2013
115
2
3
20
Totals
342
13
7
48
Page 8 of 172
Attached Exhibits A -F, provide specific data in support of the above summary table.
As you can see, the City Manager (Administration) over the latest three complete years has
sponsored 342 ordinances and resolutions, which comprise 83% of all ordinances and
resolutions introduced over that time period. Only two of the ordinances and resolutions
sponsored by the City Manager failed to be adopted, of which one was re -written at the
direction of Council and subsequently passed.
Past practice has been to show Ordinances and Resolutions being sponsored by the Planning &
Zoning Commission even though the Code does not provide that authority. As a practical
matter the sponsorship of Ordinances and Resolutions by the Planning &Zoning Commission
has been under the authority of the City Manager.
The majority of resolutions and ordinances sponsored by the City Manager are administrative in
nature, such as:
1.
Appropriations
2.
Budget transfers
3.
Fee schedules
4.
Permits
5.
Property leases
6. Acceptance of Grants
7. Establishing Annual Capital Improvement Project Priorities
S. Accepting Donations
9. Purchases and Contracts
Amending the Kenai Municipal Code to require the City Manger, City Clerk, and City Attorney to
request that a City Councilor and/or Mayor sponsor all ordinances and resolutions (with some
exception) would fundamentally change the manner in which legislation is brought before
Council for consideration. Also, it would create significant additional work to coordinate with,
provide information to, and brief, Council Members that the Manager, Clerk, and Attorney,
must ask to sponsor legislation.
It is unclear as to the purpose of this ordinance, and with respect to the sponsor,
Administration requests that the Council oppose Ordinance 2747-2014.
Page 9 of 172
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Page 10 of 172
Rick Koch
From:
Christine Cunningham
Sent:
Tuesday, May 13, 2014 1:18 PM
To:
Rick Koch
Subject:
Ordinances _Sponsored by_Admin_2011
Attachments:
Ordinances_Sponsored_by_Admin_2011.docx
There were 75 Ordinances archived in Laserfiche for 2011:
60 were sponsored by Administration (attached)
2 were sponsored by Councilors Bookey and Molloy (1 failed)
5 were sponsored by Councilor Boyle (2 failed)
3 were sponsored by the Planning & Zoning Commission
1 was sponsored by Councilors Marquis and Bookey and Administration
1 was sponsored by Councilor Molloy
1 was sponsored by the City Clerk
1 was sponsored by the City Clerk and City Attorney (post-poned indefinitely)
1 was sponsored by Councilor Moore
Christine Cunningham
Assistant to City Manager
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
907.283.8223
Kenai
M-AmericaCttr
2011
Page 11 of 172
EXHIBIT -
page O
AGENDA
KENAI CITY COUNCIL — REGULAR MEETING
MAY 20, 2014
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http://www.cl.kenai.ak.us
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)
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty
(30) minutes aggregated)
1. Ordinance No. 2747-2014 — Amending Kenai Municipal Code 1.15.040 -
Agenda, to Require Ordinances and Resolutions to be Sponsored by at Least
One Council Member. [Clerk's Note: At its April 2 I meeting Council
postponed public hearing of this ordinance until the May 20th meeting.] ................. Pg 5
2. Ordinance No. 2748-2014 — Amending Kenai Municipal Code 1.90.020 -
Duties, to Provide that Boards, Commissions, and Committees Act in an
Advisory Capacity to Council. [Clerk's Note: At its April 2"d meeting Council
postponed public hearing of this ordinance until the May 20"' meeting.] ................. Pg 53
3. Ordinance No. 2753-2014 — Accepting and Appropriating a Grant from the
State of Alaska Department of Commerce Community and Economic
Development for $250,000 in the Kenai Bluff Stabilization Capital Project
Fund for the Kenai Bluff Erosion Control Project .................................................... Pg 59
4. Ordinance No. 2754-2014 — Accepting and Appropriating Funds Forfeited to
the Kenai Police Department................................................................................. Pg 63
5. Ordinance No. 2755-2014 — Amending Kenai Municipal Code 13.20.035 -
Camping, Fires, and other Activities on City Beaches, to Authorize the City
Manager to Temporarily Regulate Beach Activities to Protect Public Safety,
Health or Welfare, and for City Maintenance of Property ....................................... Pg 65
6. Ordinance No. 2756-2014 — Repealing Kenai Municipal Code 13.20.030 -
Protection of North and South Shore, and Re -Enacting it as Kenai Municipal
Code 13.20.030 - Protection of Environmentally Sensitive Areas, to Expand
its Application and to Authorize the City Manager to Implement Restrictions
on Public Entry, Access and Use for the Protection of Environmentally
Sensitive Areas Owned or Managed by the City, Subject to Change by the
Council..................................................................................................................Pg 71
7. Resolution No. 2014-36 — Fixing the Rate of Levy of Property Tax for the
Fiscal Year Commencing July 1, 2014 and Ending June 30, 2015.........................Pg 83
8. Resolution No. 2014-37 — Setting a Date for Holding a Public Hearing on the
Proposed VIP Drive Special Assessment District...................................................Pg 87
E. MINUTES
1. *Regular Meeting of May 7, 2014............................................................................ Pg 89
F. UNFINISHED BUSINESS
1. Resolution No. 2014-24 — Approving City Council Policy 2014-01, Kenai
Council Travel Policy, Establishing Procedures for Approval of Council
Travel. [Clerk's Note: At its April le meeting Council postponed the
Resolution to the May 20th meeting.]...................................................................... Pg 101
G. NEW BUSINESS
1. *Action/Approval — Bills to be Ratified................................................................. Pg 105
2. *Action/Approval — Purchase Orders Exceeding $15,000 .................................... Pg 107
3. *Ordinance No. 2757-2014 — Adopting the Annual Budget for the Fiscal Year
Commencing July 1, 2014 and Ending June 30, 2015 ........................................... Pg 109
4. *Ordinance No. 2758-2014 — Appropriating Funds Donated to the Kenai
Animal Shelter from Kenai Spine, LLC...................................................................Pg 125
5. *Ordinance No. 2759-2014 — Accepting and Appropriating $2,232.19 for
Anticipated Police Computer Forensic Software Reimbursements from
Internet Crimes Against Children (ICAC)............................................................... Pg 127
City of Kenai Council Meeting Agenda Page 2 of 4
May 20, 2014
6. *Ordinance No. 2760-2014 — Accepting and Appropriating $2,050.92 for
SART (Sexual Assault Response Team) Exam Reimbursements from the
Stateof Alaska...................................................................................................... Pg 131
7. Action/Approval — Non -Objection of Liquor License Renewal for Pink
Coyote Limited, Annalea Lott D/B/A Main Street Tap & Grill .................................. Pg 135
8. Action/Approval — Mayoral Nomination and Council Confirmation of
Appointing Albert Weeks to the Council on Aging..................................................Pg 141
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks and Recreation Commission
6. Planning and Zoning Commission.........................................................................Pg 143
7. Beautification Committee
8. Mini -Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager.........................................................................................................Pg 149
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 — None.
N. ADJOURNMENT
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review ............................ Pg 165
2. Correspondence from the Kenai Fire Fighters Association Regarding the 2014
Alaska State Fire Conference in September 2014.......................................................Pg 166
3. Kenai River Special Management Area Advisory Board Meeting Minutes of April
10, 2014...................................................................................................................... Pg 167
City of Kenai Council Meeting Agenda Page 3 of 4
May 20, 2014
4. Cook Inlet Regional Citizens Advisory Council Annual Report 2013Recognizing
Captain Richard "Barry' Eldridge.................................................................................Pg 170
The agenda and supporting documents are posted on the City's website at
www.ci.kenai.ak.us . 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.
City of Kenai Council Meeting Agenda Page 4 of 4
May 20, 2014
Suggested by: Council Member Boyle
CITY OF KENAI
ORDINANCE NO. 2747-2014
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KENAI MUNICIPAL CODE 1. 15.040 - AGENDA, TO REQUIRE ORDINANCES AND
RESOLUTIONS TO BE SPONSORED BY AT LEAST ONE COUNCIL MEMBER.
WHEREAS, the people of the City of Kenai, exercising the powers of a home rule
municipality established the Charter of the City of Kenai which, in Section 2-4(a)(2)
provides that Council shall have the power to enact legislation by ordinance; and,
WHEREAS, the City Charter in Section 2-4(a) also provides that all powers of the City,
including determination of all matters of policy are vested in the Council; and,
WHEREAS, only Council votes on the passage of all ordinances and resolutions; and,
WHEREAS, ordinances and resolutions cannot be adopted or enacted without a
majority of Council support.
( NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that
Section 1. Form: That this is a code ordinance.
Section 2. Amendment of Section 1. 15.040 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 1. 15.040 - Agenda, is hereby amended as follows:
1.15.040 Agenda.
(a) The Mayor or other Council Member [, CITY CLERK, CITY ATTORNEY,
OR CITY MANAGER] may sponsor an ordinance for introduction or a resolution
for adoption, and such ordinance or resolution shall be placed on the agenda of
the regular Council meeting requested by the sponsor.
(b) The Mayor or other Council Member, City Clerk, City Attorney, or City
Manager may request that a discussion item be placed on the agenda of a
regular Council meeting, and such discussion item shall be placed on the
agenda of the regular Council meeting requested by the sponsor.
(c) A member of the public may request that a matter be placed on the
agenda subject to policies and procedures adopted under sub- section ([J]k).
Being placed on the agenda on the "Scheduled Public Comment" portion of the
agenda does not limit or restrict the requestor's ability to speak on a different
subject for which public comment is allowed.
New Text Underlined; [DELETED TEXT BRACKETED]
Page 5 of 172
Ordinance No. 2747-2014
Page 2 of 3
(d) A sponsor, all co-sponsors, proposer or requester may request that an
item be removed from the agenda before the agenda is published under the
policies and procedures adopted under subsection 0) and such item shall be
removed from the agenda, unless the item has been carried over or postponed
from a previous agenda.
(e) The City Clerk shall prepare the agenda for each Council meeting after
consultation with the Mayor and City Manager, subject to subsections (a)
through (d). A draft agenda shall be circulated to the Mayor and other Council
Members, and the City Manager.
(� Notice of the date, time, place, and agenda for each Council meeting shall
be given to the public by publication in a newspaper of general circulation and
by posting to the City's website and to the official bulletin board at City Hall
under policies and procedures adopted under subsection 0). Additional public
notice of meetings may be given by other means.
(g) A meeting packet containing the agenda, all legislative items, and
supporting documentation for all agenda items shall be distributed to the
Mayor, Council Members, and the City Manager.
(h) The City Clerk shall cause a copy of the meeting packet to be posted on
the City's website and to be provided to the Kenai Community Library, in order
to be made available for public viewing under policies and procedures adopted
under subsection 6). The City Clerk shall cause a paper copy or electronic copy
of the meeting packet to be provided to any member of the public, or to any
organization, upon request under policies and procedures adopted under
subsection 6). At least one paper copy of the meeting packet shall be made
available to the public at the meeting.
(i) The City Clerk shall provide paper copies of any late materials to the
Mayor, each Council Member, City Manager, and City Attorney. The City Clerk
shall also make paper copies of late materials available to the public at the
meeting.
0) The administration may develop policies and procedures to implement
this section, subject to review and approval of Council.
(k) Failure to comply with the above policies and procedures or with any
administrative policies will not invalidate any ordinance or Council action as
long as there was a good faith effort at compliance by the City Clerk.
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.
New Text Underlined; (DELETED TEXT
Page 6 of 172
Ordinance No. 2747-2014
Page 3 of 3
Section 4. Effective Date: That pursuant to KMC 1.15.0700, this ordinance shall
take effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of May
2014.
ATTEST:
Sandra Modigh, City Clerk
PAT PORTER, MAYOR
Introduced: April 2, 2014
Adopted: May 20, 2014
Effective: June 20, 2014
New Test Underlined; IDELETED TEXT BRACKETED
Page 7 of 172
the
"Villaye with a Past, Cit with a Future��
210 Fidalgo Avenue, Kenai, Alaska 99611-7794 it
Telephone: 907-283-7535 / FAX: 907-283-3014
1992
MEMO:
TO: City Council
Y
FROM: Rick Koch, City Manager
DATE: May 14, 2014
SUBJECT: Ordinance No. 2747-2014
The purpose of this correspondence is to provide information in opposition to the above -
referenced, proposed ordinance.
This ordinance does not include an accompanying and/or supporting memorandum. As a result
it is unclear what problem, or perceived problem, is attempting to be resolved by the adoption
of this ordinance.
The effect of the ordinance would be to prohibit the City Manager, City Clerk, and City Attorney
from sponsoring ordinances and resolutions for Council consideration. I am unaware of any
problem or problems that have been caused by the Manager, Clerk, or Attorney being able to
sponsor ordinances and resolutions for the consideration of Council. Adoption of this ordinance
would fundamentally change the manner in which administrative actions are brought before
Council.
The following is a summary identifying sponsorship of ordinances and resolutions for the years
2011, 2012, and 2013:
Year
# Ord./Res.
Sponsored by
City Manager
# Ord./Res.
Sponsored by
P & Z Comm.
(City Manager)
# Ord./Res.
Sponsored by
Clerk and/or
Attorney
# Ord./Res.
Sponsored by
Council, Mayor,
Councilors
2011
130
4
2
17
2012
97
7
2
11
2013
115
2
3
20
Totals
342
13
7
48
Page 8 of 172
Attached Exhibits A -F, provide specific data in support of the above summary table.
As you can see, the City Manager (Administration) over the latest three complete years has
sponsored 342 ordinances and resolutions, which comprise 83°x6 of all ordinances and
resolutions introduced over that time period. Only two of the ordinances and resolutions
sponsored by the City Manager failed to be adopted, of which one was re -written at the
direction of Council and subsequently passed.
Past practice has been to show Ordinances and Resolutions being sponsored by the Planning &
Zoning Commission even though the Code does not provide that authority. As a practical
matter the sponsorship of Ordinances and Resolutions by the Planning &Zoning Commission
has been under the authority of the City Manager.
The majority of resolutions and ordinances sponsored by the City Manager are administrative in
nature, such as:
I.
Appropriations
2.
Budget transfers
3.
Fee schedules
4.
Permits
5.
Property leases
6. Acceptance of Grants
7. Establishing Annual Capital Improvement Project Priorities
8. Accepting Donations
9. Purchases and Contracts
Amending the Kenai Municipal Code to require the City Manger, City Clerk, and City Attorney to
request that a City Councilor and/or Mayor sponsor all ordinances and resolutions (with some
exception) would fundamentally change the manner in which legislation is brought before
Council for consideration. Also, it would create significant additional work to coordinate with,
provide information to, and brief, Council Members that the Manager, Clerk, and Attorney,
must ask to sponsor legislation.
It is unclear as to the purpose of this ordinance, and with respect to the sponsor,
Administration requests that the Council oppose Ordinance 2747-2014.
Page 9 of 172
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Page 10 of 172
Rick Koch
From: Christine Cunningham
Sent: Tuesday, May 13, 2014 1:18 PM
To: Rick Koch
Subject: Ordinances_Sponsored by_Admin 2011
Attachments: Ord inances_S pon sored_by_Admin_2011. docx
There were 75 Ordinances archived in Laserfiche for 2011:
60 were sponsored by Administration (attached)
2 were sponsored by Councilors Bookey and Molloy (1 failed)
5 were sponsored by Councilor Boyle (2 failed)
3 were sponsored by the Planning & Zoning Commission
1 was sponsored by Councilors Marquis and Bookey and Administration
1 was sponsored by Councilor Molloy
1 was sponsored by the City Clerk
1 was sponsored by the City Clerk and City Attorney (post-poned indefinitely)
1 was sponsored by Councilor Moore
Christine Cunningham
Assistant to City Manager
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
907.283.8223
Kenai
wl-��tcacnr
2011
Page 11 of 172
EXHIBIT -A
Page Oi
AGENDA
KENAI CITY COUNCIL — REGULAR MEETING
MAY 20, 2014
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
htto://www.ci.kenai.ak.us
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)
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker, thirty (30) minutes aggregated)
D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker, thirty
(30) minutes aggregated)
1. Ordinance No. 2747-2014 — Amending Kenai Municipal Code 1.15.040 -
Agenda, to Require Ordinances and Resolutions to be Sponsored by at Least
One Council Member. [Clerk's Note: At its April 2°d meeting Council
postponed public hearing of this ordinance until the May 20`" meeting.] ................. Pg 5
2. Ordinance No. 2748-2014 — Amending Kenai Municipal Code 1.90.020 -
Duties, to Provide that Boards, Commissions, and Committees Act in an
Advisory Capacity to Council. [Clerk's Note: At its April 2"d meeting Council
postponed public hearing of this ordinance until the May 20'h meeting.] ................. Pg 53
3. Ordinance No. 2753-2014 — Accepting and Appropriating a Grant from the
State of Alaska Department of Commerce Community and Economic
Development for $250,000 in the Kenai Bluff Stabilization Capital Project
Fund for the Kenai Bluff Erosion Control Project .................................................... Pg 59
4. Ordinance No. 2754-2014 — Accepting and Appropriating Funds Forfeited to
the Kenai Police Department.................................................................................Pg 63
5. Ordinance No. 2755-2014 — Amending Kenai Municipal Code 13.20.035 -
Camping, Fires, and other Activities on City Beaches, to Authorize the City
Manager to Temporarily Regulate Beach Activities to Protect Public Safety,
Health or Welfare, and for City Maintenance of Property ....................................... Pg 65
6. Ordinance No. 2756-2014 — Repealing Kenai Municipal Code 13.20.030 -
Protection of North and South Shore, and Re -Enacting it as Kenai Municipal
Code 13.20.030 - Protection of Environmentally Sensitive Areas, to Expand
its Application and to Authorize the City Manager to Implement Restrictions
on Public Entry, Access and Use for the Protection of Environmentally
Sensitive Areas Owned or Managed by the City, Subject to Change by the
Council..................................................................................................................Pg 71
7. Resolution No. 2014-36 — Fixing the Rate of Levy of Property Tax for the
Fiscal Year Commencing July 1, 2014 and Ending June 30, 2015.........................Pg 83
8. Resolution No. 2014-37 — Setting a Date for Holding a Public Hearing on the
Proposed VIP Drive Special Assessment District...................................................Pg 87
E. MINUTES
1. `Regular Meeting of May 7, 2014............................................................................ Pg 89
F. UNFINISHED BUSINESS
1. Resolution No. 2014-24 — Approving City Council Policy 2014-01, Kenai
Council Travel Policy, Establishing Procedures for Approval of Council
Travel. [Clerk's Note: At its April 16th meeting Council postponed the
Resolution to the May 20th meeting.]...................................................................... Pg 101
G. NEW BUSINESS
1. *Action/Approval — Bills to be Ratified.................................................................Pg 105
2. *Action/Approval — Purchase Orders Exceeding $15,000....................................Pg 107
3. *Ordinance No. 2757-2014 — Adopting the Annual Budget for the Fiscal Year
Commencing July 1, 2014 and Ending June 30, 2015...........................................Pg 109
4. *Ordinance No. 2758-2014 — Appropriating Funds Donated to the Kenai
Animal Shelter from Kenai Spine, LLC................................................................... Pg 125
5. *Ordinance No. 2759-2014 — Accepting and Appropriating $2,232.19 for
Anticipated Police Computer Forensic Software Reimbursements from
Internet Crimes Against Children (ICAC)...............................................................Pg 127
City of Kenai Council Meeting Agenda Page 2 of 4
May 20, 2014
6. *Ordinance No. 2760-2014 — Accepting and Appropriating $2,050.92 for
SART (Sexual Assault Response Team) Exam Reimbursements from the
Stateof Alaska...................................................................................................... Pg 131
7. Action/Approval — Non -Objection of Liquor License Renewal for Pink
Coyote Limited, Annalea Lott D/B/A Main Street Tap & Grill .................................. Pg 135
8. Action/Approval — Mayoral Nomination and Council Confirmation of
Appointing Albert Weeks to the Council on Aging .................................................. Pg 141
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks and Recreation Commission
6. Planning and Zoning Commission......................................................................... Pg 143
7. Beautification Committee
8. Mini -Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager.........................................................................................................Pg 149
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 — None.
N. ADJOURNMENT
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review ............................Pg 165
2. Correspondence from the Kenai Fire Fighters Association Regarding the 2014
Alaska State Fire Conference in September 2014 ....................................................... Pg 166
3. Kenai River Special Management Area Advisory Board Meeting Minutes of April
10, 2014...................................................................................................................... Pg 167
City of Kenai Council Meeting Agenda Page 3 of 4
May 20, 2014
4. Cook Inlet Regional Citizens Advisory Council Annual Report 2013Recognizing
Captain Richard `Barry" Eldridge.................................................................................Pg 170
The agenda and supporting documents are posted on the City's website at
www.ci.kenai.ak.us . 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.
City of Kenai Council Meeting Agenda Page 4 of 4
May 20, 2014
u
Suggested by: Council Member Boyle
CITY OF KENAI
ORDINANCE NO. 2747-2014
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KENAI MUNICIPAL CODE 1. 15,040 - AGENDA, TO REQUIRE ORDINANCES AND
RESOLUTIONS TO BE SPONSORED BY AT LEAST ONE COUNCIL MEMBER.
WHEREAS, the people of the City of Kenai, exercising the powers of a home rule
municipality established the Charter of the City of Kenai which, in Section 2-4(a)(2)
provides that Council shall have the power to enact legislation by ordinance; and,
WHEREAS, the City Charter in Section 2-4(a) also provides that all powers of the City,
including determination of all matters of policy are vested in the Council; and,
WHEREAS, only Council votes on the passage of all ordinances and resolutions; and,
WHEREAS, ordinances and resolutions cannot be adopted or enacted without a
majority of Council support.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that
Section 1. Form: That this is a code ordinance.
Section 2. Amendment of Section 1. 15.040 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 1. 15.040 - Agenda, is hereby amended as follows:
1.15.040 Agenda.
(a) The Mayor or other Council Member [, CITY CLERK, CITY ATTORNEY,
OR CITY MANAGER] may sponsor an ordinance for introduction or a resolution
for adoption, and such ordinance or resolution shall be placed on the agenda of
the regular Council meeting requested by the sponsor.
(b) The Mayor or other Council Member, City Clerk, City Attorney, or City
Manager may request that a discussion item be placed on the agenda of a
regular Council meeting, and such discussion item shall be placed on the
agenda of the regular Council meeting requested by the sponsor.
(c) A member of the public may request that a matter be placed on the
agenda subject to policies and procedures adopted under sub- section (PW.
Being placed on the agenda on the "Scheduled Public Comment" portion of the
agenda does not limit or restrict the requestor's ability to speak on a different
subject for which public comment is allowed.
New Text Underlined; ]DELETED TEXT BRACKETED]
Page 5 of 172
Ordinance No. 2747-2014
Page 2 of 3
(d) A sponsor, all co-sponsors, proposer or requester may request that an
item be removed from the agenda before the agenda is published under the
policies and procedures adopted under subsection 6) and such item shall be
removed from the agenda, unless the item has been carried over or postponed
from a previous agenda.
(e) The City Clerk shall prepare the agenda for each Council meeting after
consultation with the Mayor and City Manager, subject to subsections (a)
through (d). A draft agenda shall be circulated to the Mayor and other Council
Members, and the City Manager.
(f) Notice of the date, time, place, and agenda for each Council meeting shall
be given to the public by publication in a newspaper of general circulation and
by posting to the City's website and to the official bulletin board at City Hall
under policies and procedures adopted under subsection 0). Additional public
notice of meetings may be given by other means.
(g) A meeting packet containing the agenda, all legislative items, and
supporting documentation for all agenda items shall be distributed to the
Mayor, Council Members, and the City Manager.
(h) The City Clerk shall cause a copy of the meeting packet to be posted on
the City's website and to be provided to the Kenai Community Library, in order
to be made available for public viewing under policies and procedures adopted
under subsection 6). The City Clerk shall cause a paper copy or electronic copy
of the meeting packet to be provided to any member of the public, or to any
organization, upon request under policies and procedures adopted under
subsection 0). At least one paper copy of the meeting packet shall be made
available to the public at the meeting.
(i) The City Clerk shall provide paper copies of any late materials to the
Mayor, each Council Member, City Manager, and City Attorney. The City Clerk
shall also make paper copies of late materials available to the public at the
meeting.
6) The administration may develop policies and procedures to implement
this section, subject to review and approval of Council.
(k) Failure to comply with the above policies and procedures or with any
administrative policies will not invalidate any ordinance or Council action as
long as there was a good faith effort at compliance by the City Clerk.
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.
New Text Underlined; [DELETED TEXT BRACKETED]
Page 6 of 172
Ordinance No. 2747-2014
Page 3 of 3
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall
take effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of May
2014.
ATTEST:
Sandra Modigh, City Clerk
PAT PORTER, MAYOR
Introduced: April 2, 2014
Adopted: May 20, 2014
Effective: June 20, 2014
New Test Underlined; [DELETED TEXT BRACKETED]
Page 7 of 172
"Villaye with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ted
Telephone: 907-283-7535 / FAX: 907-283-3014
\, the cay o// 1992
MEMO:
/�/� TO: City Council
Y `FROM: Rick Koch, City Manager
DATE: May 14, 2014
SUBJECT: Ordinance No. 2747-2014
The purpose of this correspondence is to provide information in opposition to the above -
referenced, proposed ordinance.
This ordinance does not include an accompanying and/or supporting memorandum. As a result
it is unclear what problem, or perceived problem, is attempting to be resolved by the adoption
of this ordinance.
The effect of the ordinance would be to prohibit the City Manager, City Clerk, and City Attorney
from sponsoring ordinances and resolutions for Council consideration. I am unaware of any
problem or problems that have been caused by the Manager, Clerk, or Attorney being able to
sponsor ordinances and resolutions for the consideration of Council. Adoption of this ordinance
would fundamentally change the manner in which administrative actions are brought before
Council.
The following is a summary identifying sponsorship of ordinances and resolutions for the years
2011, 2012, and 2013:
Year
# Ord./Res.
Sponsored by
City Manager
# Ord./Res. # Ord./Res.
Sponsored by Sponsored by
P & Z Comm. Clerk and/or
(City Manager) Attorney
# Ord./Res.
Sponsored by
Council, Mayor,
Councilors
2011
130
4 2
17
2012
97
7 2
11
2013
115
1 2 3
20
Totals
342
1 13 7
48
Page 8 of 172
Attached Exhibits A -F, provide specific data in support of the above summary table.
As you can see, the City Manager (Administration) over the latest three complete years has
sponsored 342 ordinances and resolutions, which comprise 83% of all ordinances and
resolutions introduced over that time period. Only two of the ordinances and resolutions
sponsored by the City Manager failed to be adopted, of which one was re -written at the
direction of Council and subsequently passed.
Past practice has been to show Ordinances and Resolutions being sponsored by the Planning &
Zoning Commission even though the Code does not provide that authority. As a practical
matter the sponsorship of Ordinances and Resolutions by the Planning &Zoning Commission
has been underthe authority of the City Manager.
The majority of resolutions and ordinances sponsored by the City Manager are administrative in
nature, such as:
1.
Appropriations
2.
Budget transfers
3.
Fee schedules
4.
Permits
5.
Property leases
6. Acceptance of Grants
7. Establishing Annual Capital Improvement Project Priorities
S. Accepting Donations
9. Purchases and Contracts
Amending the Kenai Municipal Code to require the City Manger, City Clerk, and City Attorney to
request that a City Councilor and/or Mayor sponsor all ordinances and resolutions (with some
exception) would fundamentally change the manner in which legislation is brought before
Council for consideration. Also, it would create significant additional work to coordinate with,
provide information to, and brief, Council Members that the Manager, Clerk, and Attorney,
must ask to sponsor legislation.
It is unclear as to the purpose of this ordinance, and with respect to the sponsor,
Administration requests that the Council oppose Ordinance 2747-2014.
Page 9 of 172
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Page 10 of 172
Rick Koch
From: Christine Cunningham
Sent: Tuesday, May 13, 2014 1:18 PM
To: Rick Koch
Subject: Ordinances—Sponsored by_Admin_2011
Attachments: Ordinances_S pon sored_by_Ad min_2011. docx
There were 75 Ordinances archived in Laserfiche for 2011:
60 were sponsored by Administration (attached)
2 were sponsored by Councilors Bookey and Molloy (1 failed)
5 were sponsored by Councilor Boyle (2 failed)
3 were sponsored by the Planning & Zoning Commission
1 was sponsored by Councilors Marquis and Bookey and Administration
1 was sponsored by Councilor Molloy
1 was sponsored by the City Clerk
1 was sponsored by the City Clerk and City Attorney (post-poned indefinitely)
1 was sponsored by Councilor Moore
Christine Cunningham
Assistant to City Manager
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
907.283.8223
Kenai
IW-AmedcaCity
2011
Page 11 of 172
EXHIBIT__
Page : Of
AGENDA
KENAI CITY COUNCIL — REGULAR MEETING
MAY 20, 2014
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http://www.ci.kenai.ak.us
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)
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker, thirty (30) minutes aggregated)
D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty
(30) minutes aggregated)
1. Ordinance No. 2747-2014 — Amending Kenai Municipal Code 1.15.040 -
Agenda, to Require Ordinances and Resolutions to be Sponsored by at Least
One Council Member. [Clerk's Note: At its April 2rd meeting Council
postponed public hearing of this ordinance until the May 20`" meeting.] ................. Pg 5
2. Ordinance No. 2748-2014 — Amending Kenai Municipal Code 1.90.020 -
Duties, to Provide that Boards, Commissions, and Committees Act in an
Advisory Capacity to Council. [Clerk's Note: At its April 2"d meeting Council
postponed public hearing of this ordinance until the May 20th meeting.] ................. Pg 53
3. Ordinance No. 2753-2014 — Accepting and Appropriating a Grant from the
State of Alaska Department of Commerce Community and Economic
Development for $250,000 in the Kenai Bluff Stabilization Capital Project
Fund for the Kenai Bluff Erosion Control Project .................................................... Pg 59
4. Ordinance No. 2754-2014 — Accepting and Appropriating Funds Forfeited to
the Kenai Police Department.................................................................................Pg 63
5. Ordinance No. 2755-2014 — Amending Kenai Municipal Code 13.20.035 -
Camping, Fires, and other Activities on City Beaches, to Authorize the City
Manager to Temporarily Regulate Beach Activities to Protect Public Safety,
Health or Welfare, and for City Maintenance of Property ....................................... Pg 65
6. Ordinance No. 2756-2014 — Repealing Kenai Municipal Code 13.20.030 -
Protection of North and South Shore, and Re -Enacting it as Kenai Municipal
Code 13.20.030 - Protection of Environmentally Sensitive Areas, to Expand
its Application and to Authorize the City Manager to Implement Restrictions
on Public Entry, Access and Use for the Protection of Environmentally
Sensitive Areas Owned or Managed by the City, Subject to Change by the
Council..................................................................................................................Pg 71
7. Resolution No. 2014-36 — Fixing the Rate of Levy of Property Tax for the
Fiscal Year Commencing July 1, 2014 and Ending June 30, 2015 ......................... Pg 83
8. Resolution No. 2014-37 — Setting a Date for Holding a Public Hearing on the
Proposed VIP Drive Special Assessment District ................................................... Pg 87
E. MINUTES
1. `Regular Meeting of May 7, 2014............................................................................Pg 89
F. UNFINISHED BUSINESS
1. Resolution No. 2014-24 — Approving City Council Policy 2014-01, Kenai
Council Travel Policy, Establishing Procedures for Approval of Council
Travel. [Clerk's Note: At its April 16th meeting Council postponed the
Resolution to the May 20th meeting.]...................................................................... Pg 101
G. NEW BUSINESS
1. *Action/Approval — Bills to be Ratified................................................................. Pg 105
2. *Action/Approval — Purchase Orders Exceeding $15,000 .................................... Pg 107
3. *Ordinance No. 2757-2014 — Adopting the Annual Budget for the Fiscal Year
Commencing July 1, 2014 and Ending June 30, 2015 ........................................... Pg 109
4. *Ordinance No. 2758-2014 — Appropriating Funds Donated to the Kenai
Animal Shelter from Kenai Spine, LLC................................................................... Pg 125
5. *Ordinance No. 2759-2014 — Accepting and Appropriating $2,232.19 for
Anticipated Police Computer Forensic Software Reimbursements from
Internet Crimes Against Children (ICAC)...............................................................Pg 127
City of Kenai Council Meeting Agenda Page 2 of 4
May 20, 2014
6. *Ordinance No. 2760-2014 — Accepting and Appropriating $2,050.92 for
SART (Sexual Assault Response Team) Exam Reimbursements from the
Stateof Alaska...................................................................................................... Pg 131
7. Action/Approval — Non -Objection of Liquor License Renewal for Pink
Coyote Limited, Annalea Lott D/B/A Main Street Tap & Grill .................................. Pg 135
8. Action/Approval — Mayoral Nomination and Council Confirmation of
Appointing Albert Weeks to the Council on Aging .................................................. Pg 141
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks and Recreation Commission
6. Planning and Zoning Commission.........................................................................Pg 143
7. Beautification Committee
8. Mini -Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager.........................................................................................................Pg 149
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 — None.
N. ADJOURNMENT
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review ............................Pg 165
2. Correspondence from the Kenai Fire Fighters Association Regarding the 2014
Alaska State Fire Conference in September 2014 ....................................................... Pg 166
3. Kenai River Special Management Area Advisory Board Meeting Minutes of April
10, 2014...................................................................................................................... Pg 167
City of Kenai Council Meeting Agenda Page 3 of 4
May 20, 2014
4. Cook Inlet Regional Citizens Advisory Council Annual Report 2013Recognizing
Captain Richard "Barry" Eldridge.................................................................................Pg 170
The agenda and supporting documents are posted on the City's website at
www.ci.kenai.ak.us . 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.
City of Kenai Council Meeting Agenda Page 4 of 4
May 20, 2014
/I -
Suggested by: Council Member Boyle
CITY OF KENAI
ORDINANCE NO. 2747-2014
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KENAI MUNICIPAL CODE 1. 15.040 - AGENDA, TO REQUIRE ORDINANCES AND
RESOLUTIONS TO BE SPONSORED BY AT LEAST ONE COUNCIL MEMBER.
WHEREAS, the people of the City of Kenai, exercising the powers of a home rule
municipality established the Charter of the City of Kenai which, in Section 2-4(a)(2)
provides that Council shall have the power to enact legislation by ordinance; and,
WHEREAS, the City Charter in Section 2-4(a) also provides that all powers of the City,
including determination of all matters of policy are vested in the Council; and,
WHEREAS, only Council votes on the passage of all ordinances and resolutions; and,
WHEREAS, ordinances and resolutions cannot be adopted or enacted without a
majority of Council support.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that
Section 1. Form: That this is a code ordinance.
Section 2. Amendment of Section 1. 15.040 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 1. 15.040 - Agenda, is hereby amended as follows:
1.15.040 Agenda.
(a) The Mayor or other Council Member ], CITY CLERK, CITY ATTORNEY,
OR CITY MANAGER] may sponsor an ordinance for introduction or a resolution
for adoption, and such ordinance or resolution shall be placed on the agenda of
the regular Council meeting requested by the sponsor.
(b) The Mayor or other Council Member, City Clerk, City Attorney, or City
Manager may request that a discussion item be placed on the agenda of a
regular Council meeting, and such discussion item shall be placed on the
agenda of the regular Council meeting requested by the sponsor.
(c) A member of the public may request that a matter be placed on the
agenda subject to policies and procedures adopted under sub- section (PjJ.
Being placed on the agenda on the "Scheduled Public Comment" portion of the
agenda does not limit or restrict the requestor's ability to speak on a different
subject for which public comment is allowed.
New Text Underlined; ]DELETED TEXT BRACKETED]
Page 5 of 172
Ordinance No. 2747-2014
Page 2 of 3
(d) A sponsor, all co-sponsors, proposer or requester may request that an
item be removed from the agenda before the agenda is published under the
policies and procedures adopted under subsection 6) and such item shall be
removed from the agenda, unless the item has been carried over or postponed
from a previous agenda.
(e) The City Clerk shall prepare the agenda for each Council meeting after
consultation with the Mayor and City Manager, subject to subsections (a)
through (d). A draft agenda shall be circulated to the Mayor and other Council
Members, and the City Manager.
(� Notice of the date, time, place, and agenda for each Council meeting shall
be given to the public by publication in a newspaper of general circulation and
by posting to the City's website and to the official bulletin board at City Hall
under policies and procedures adopted under subsection 0). Additional public
notice of meetings may be given by other means.
(g) A meeting packet containing the agenda, all legislative items, and
supporting documentation for all agenda items shall be distributed to the
Mayor, Council Members, and the City Manager.
(h) The City Clerk shall cause a copy of the meeting packet to be posted on
the City's website and to be provided to the Kenai Community Library, in order
to be made available for public viewing under policies and procedures adopted
under subsection 0). The City Clerk shall cause a paper copy or electronic copy
of the meeting packet to be provided to any member of the public, or to any
organization, upon request under policies and procedures adopted under
subsection 6). At least one paper copy of the meeting packet shall be made
available to the public at the meeting.
(i) The City Clerk shall provide paper copies of any late materials to the
Mayor, each Council Member, City Manager, and City Attorney. The City Clerk
shall also make paper copies of late materials available to the public at the
meeting.
0) The administration may develop policies and procedures to implement
this section, subject to review and approval of Council.
(k) Failure to comply with the above policies and procedures or with any
administrative policies will not invalidate any ordinance or Council action as
long as there was a good faith effort at compliance by the City Clerk.
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.
New Text Underlined; DELETED TEXT BRACKETED]
Page 6 of 172
Ordinance No. 2747-2014
Page 3 of 3
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall
take effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of May
2014.
ATTEST:
Sandra Modigh, City Clerk
PAT PORTER, MAYOR
Introduced: April 2, 2014
Adopted: May 20, 2014
Effective: June 20, 2014
Nein Text Underlined; [DELETED TEXT BRACKETED[
Page 7 of 172
k0
"Village wdh a Past, C# with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
MEMO*
TO: City Council
FROM: Rick Koch, City Manager
DATE: May 14, 2014
SUBJECT: Ordinance No. 2747-2014
The purpose of this correspondence is to provide information in opposition to the above -
referenced, proposed ordinance.
This ordinance does not include an accompanying and/or supporting memorandum. As a result
it is unclear what problem, or perceived problem, is attempting to be resolved by the adoption
of this ordinance.
The effect of the ordinance would be to prohibit the City Manager, City Clerk, and City Attorney
from sponsoring ordinances and resolutions for Council consideration. I am unaware of any
problem or problems that have been caused by the Manager, Clerk, or Attorney being able to
sponsor ordinances and resolutions for the consideration of Council. Adoption of this ordinance
would fundamentally change the manner in which administrative actions are brought before
Council.
The following is a summary identifying sponsorship of ordinances and resolutions for the years
2011, 2012, and 2013:
Year
# Ord./Res.
Sponsored by
City Manager
# Ord./Res.
Sponsored by
P & Z Comm.
(City Manager)
# Ord./Res.
Sponsored by
Clerk and/or
Attorney
# Ord./Res.
Sponsored by
Council, Mayor,
Councilors
2011
130
4
2
17
2012
97
7
2
11
2013
115
2
3
20
Totals
342
13
7
48
Page 8 of 172
Attached Exhibits A -F, provide specific data in support of the above summary table.
As you can see, the City Manager (Administration) over the latest three complete years has
sponsored 342 ordinances and resolutions, which comprise 83% of all ordinances and
resolutions introduced over that time period. Only two of the ordinances and resolutions
sponsored by the City Manager failed to be adopted, of which one was re -written at the
direction of Council and subsequently passed.
Past practice has been to show Ordinances and Resolutions being sponsored by the Planning &
Zoning Commission even though the Code does not provide that authority. As a practical
matter the sponsorship of Ordinances and Resolutions by the Planning &Zoning Commission
has been under the authority of the City Manager.
The majority of resolutions and ordinances sponsored by the City Manager are administrative in
nature, such as:
1.
Appropriations
2.
Budget transfers
3.
Fee schedules
4.
Permits
5.
Property leases
6.
Acceptance of Grants
7. Establishing Annual Capital Improvement Project Priorities
8. Accepting Donations
9. Purchases and Contracts
Amending the Kenai Municipal Code to require the City Manger, City Clerk, and City Attorney to
request that a City Councilor and/or Mayor sponsor all ordinances and resolutions (with some
exception) would fundamentally change the manner in which legislation is brought before
Council for consideration. Also, it would create significant additional work to coordinate with,
provide information to, and brief, Council Members that the Manager, Clerk, and Attorney,
must ask to sponsor legislation.
It is unclear as to the purpose of this ordinance, and with respect to the sponsor,
Administration requests that the Council oppose Ordinance 2747-2014.
Page 9 of 172
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Page 10 of 172
Rick Koch
From:
Christine Cunningham
Sent:
Tuesday, May 13, 2014 1:18 PM
To:
Rick Koch
Subject:
Ord i nance s_S pon so red_by_Admin_2011
Attachments:
Ordinances_Sponsored_by_Admin_2011. docx
There were 75 Ordinances archived in Laserfiche for 2011:
60 were sponsored by Administration (attached)
2 were sponsored by Councilors Bookey and Molloy (1 failed)
5 were sponsored by Councilor Boyle (2 failed)
3 were sponsored by the Planning & Zoning Commission
1 was sponsored by Councilors Marquis and Bookey and Administration
1 was sponsored by Councilor Molloy
1 was sponsored by the City Clerk
1 was sponsored by the City Clerk and City Attorney (post-poned indefinitely)
1 was sponsored by Councilor Moore
Christine Cunningham
Assistant to City Manager
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
907.283.8223
Kenai
AA-AmerieaCifY
2011
Page 11 of 172
EXHIBIT—
page 2 O'
AGENDA
KENAI CITY COUNCIL — REGULAR MEETING
MAY 20, 2014
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http://www.ci.kenai.ak.us
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)
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker, thirty (30) minutes aggregated)
D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty
(30) minutes aggregated)
1. Ordinance No. 2747-2014 — Amending Kenai Municipal Code 1.15.040 -
Agenda, to Require Ordinances and Resolutions to be Sponsored by at Least
One Council Member. [Clerk's Note: At its April 2r' meeting Council
postponed public hearing of this ordinance until the May 20`h meeting.] ................. Pg 5
2. Ordinance No. 2748-2014 — Amending Kenai Municipal Code 1.90.020 -
Duties, to Provide that Boards, Commissions, and Committees Act in an
Advisory Capacity to Council. [Clerk's Note: At its April 2nd meeting Council
postponed public hearing of this ordinance until the May 20th meeting.] ................. Pg 53
3. Ordinance No. 2753-2014 — Accepting and Appropriating a Grant from the
State of Alaska Department of Commerce Community and Economic
Development for $250,000 in the Kenai Bluff Stabilization Capital Project
Fund for the Kenai Bluff Erosion Control Project .................................................... Pg 59
4. Ordinance No. 2754-2014 — Accepting and Appropriating Funds Forfeited to
the Kenai Police Department.................................................................................Pg 63
5. Ordinance No. 2755-2014 — Amending Kenai Municipal Code 13.20.035 -
Camping, Fires, and other Activities on City Beaches, to Authorize the City
Manager to Temporarily Regulate Beach Activities to Protect Public Safety,
Health or Welfare, and for City Maintenance of Property ....................................... Pg 65
6. Ordinance No. 2756-2014 — Repealing Kenai Municipal Code 13.20.030 -
Protection of North and South Shore, and Re -Enacting it as Kenai Municipal
Code 13.20.030 - Protection of Environmentally Sensitive Areas, to Expand
its Application and to Authorize the City Manager to Implement Restrictions
on Public Entry, Access and Use for the Protection of Environmentally
Sensitive Areas Owned or Managed by the City, Subject to Change by the
Council..................................................................................................................Pg 71
7. Resolution No. 2014-36 — Fixing the Rate of Levy of Property Tax for the
Fiscal Year Commencing July 1, 2014 and Ending June 30, 2015.........................Pg 83
8. Resolution No. 2014-37 — Setting a Date for Holding a Public Hearing on the
Proposed VIP Drive Special Assessment District...................................................Pg 87
E. MINUTES
1. *Regular Meeting of May 7, 2014............................................................................Pg 89
F. UNFINISHED BUSINESS
1. Resolution No. 2014-24 — Approving City Council Policy 2014-01, Kenai
Council Travel Policy, Establishing Procedures for Approval of Council
Travel. [Clerk's Note: At its April 16"' meeting Council postponed the
Resolution to the May 20th meeting.]...................................................................... Pg 101
G. NEW BUSINESS
1. *Action/Approval — Bills to be Ratified................................................................. Pg 105
2. *Action/Approval — Purchase Orders Exceeding $15,000 .................................... Pg 107
3. *Ordinance No. 2757-2014 —Adopting the Annual Budget for the Fiscal Year
Commencing July 1, 2014 and Ending June 30, 2015...........................................Pg 109
4. *Ordinance No. 2758-2014 — Appropriating Funds Donated to the Kenai
Animal Shelter from Kenai Spine, LLC...................................................................Pg 125
5. *Ordinance No. 2759-2014 — Accepting and Appropriating $2,232.19 for
Anticipated Police Computer Forensic Software Reimbursements from
Internet Crimes Against Children (ICAC)............................................................... Pg 127
City of Kenai Council Meeting Agenda Page 2 of 4
May 20, 2014
6. *Ordinance No. 2760-2014 — Accepting and Appropriating $2,050.92 for
SART (Sexual Assault Response Team) Exam Reimbursements from the
Stateof Alaska...................................................................................................... Pg 131
7. Action/Approval — Non -Objection of Liquor License Renewal for Pink
Coyote Limited, Annalea Lott D/B/A Main Street Tap & Grill .................................. Pg 135
8. Action/Approval — Mayoral Nomination and Council Confirmation of
Appointing Albert Weeks to the Council on Aging .................................................. Pg 141
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks and Recreation Commission
6. Planning and Zoning Commission......................................................................... Pg 143
7. Beautification Committee
8. Mini -Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager.........................................................................................................Pg 149
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 — None.
N. ADJOURNMENT
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review ............................Pg 165
2. Correspondence from the Kenai Fire Fighters Association Regarding the 2014
Alaska State Fire Conference in September 2014.......................................................Pg 166
3. Kenai River Special Management Area Advisory Board Meeting Minutes of April
10, 2014...................................................................................................................... Pg 167
City of Kenai Council Meeting Agenda Page 3 of 4
May 20, 2014
4. Cook Inlet Regional Citizens Advisory Council Annual Report 2013Recognizing
Captain Richard "Barry" Eldridge.................................................................................Pg 170
The agenda and supporting documents are posted on the City's website at
www.ci.kenai.ak.us . 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.
City of Kenai Council Meeting Agenda
May 20, 2014
MA
Suggested by: Council Member Boyle
CITY OF KENAI
ORDINANCE NO. 2747-2014
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KENAI MUNICIPAL CODE 1. 15.040 - AGENDA, TO REQUIRE ORDINANCES AND
RESOLUTIONS TO BE SPONSORED BY AT LEAST ONE COUNCIL MEMBER.
WHEREAS, the people of the City of Kenai, exercising the powers of a home rule
municipality established the Charter of the City of Kenai which, in Section 2-4(a)(2)
provides that Council shall have the power to enact legislation by ordinance; and,
WHEREAS, the City Charter in Section 2-4(a) also provides that all powers of the City,
including determination of all matters of policy are vested in the Council; and,
WHEREAS, only Council votes on the passage of all ordinances and resolutions; and,
WHEREAS, ordinances and resolutions cannot be adopted or enacted without a
majority of Council support.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that
Section 1. Form: That this is a code ordinance.
Section 2. Amendment of Section 1. 15.040 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 1. 15.040 - Agenda, is hereby amended as follows:
1.15.040 Agenda.
(a) The Mayor or other Council Member [, CITY CLERK, CITY ATTORNEY,
OR CITY MANAGER] may sponsor an ordinance for introduction or a resolution
for adoption, and such ordinance or resolution shall be placed on the agenda of
the regular Council meeting requested by the sponsor.
(b) The Mayor or other Council Member, City Clerk, City Attorney, or City
Manager may request that a discussion item be placed on the agenda of a
regular Council meeting, and such discussion item shall be placed on the
agenda of the regular Council meeting requested by the sponsor.
(c) A member of the public may request that a matter be placed on the
agenda subject to policies and procedures adopted under sub- section ([J]J.
Being placed on the agenda on the "Scheduled Public Comment" portion of the
agenda does not limit or restrict the requestor's ability to speak on a different
subject for which public comment is allowed.
New Text Underlined; [DELETED TEXT BRACKETED]
Page 5 of 172
Ordinance No. 2747-2014
Page 2 of 3
(d) A sponsor, all co-sponsors, proposer or requester may request that an
item be removed from the agenda before the agenda is published under the
policies and procedures adopted under subsection 0) and such item shall be
removed from the agenda, unless the item has been carried over or postponed
from a previous agenda.
(e) The City Clerk shall prepare the agenda for each Council meeting after
consultation with the Mayor and City Manager, subject to subsections (a)
through (d). A draft agenda shall be circulated to the Mayor and other Council
Members, and the City Manager.
(� Notice of the date, time, place, and agenda for each Council meeting shall
be given to the public by publication in a newspaper of general circulation and
by posting to the City's website and to the official bulletin board at City Hall
under policies and procedures adopted under subsection 6). Additional public
notice of meetings may be given by other means.
(g) A meeting packet containing the agenda, all legislative items, and
supporting documentation for all agenda items shall be distributed to the
Mayor, Council Members, and the City Manager.
(h) The City Clerk shall cause a copy of the meeting packet to be posted on
the City's website and to be provided to the Kenai Community Library, in order
to be made available for public viewing under policies and procedures adopted
under subsection 0). The City Clerk shall cause a paper copy or electronic copy
of the meeting packet to be provided to any member of the public, or to any
organization, upon request under policies and procedures adopted under
subsection 0). At least one paper copy of the meeting packet shall be made
available to the public at the meeting.
(i) The City Clerk shall provide paper copies of any late materials to the
Mayor, each Council Member, City Manager, and City Attorney. The City Clerk
shall also make paper copies of late materials available to the public at the
meeting.
6) The administration may develop policies and procedures to implement
this section, subject to review and approval of Council.
(k) Failure to comply with the above policies and procedures or with any
administrative policies will not invalidate any ordinance or Council action as
long as there was a good faith effort at compliance by the City Clerk.
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.
New Text Underlined; [DELETED TEXT
Page 6 of 172
Ordinance No. 2747-2014
Page 3 of 3
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall
take effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of May
2014.
ATTEST:
Sandra Modigh, City Clerk
PAT PORTER, MAYOR
Introduced: April 2, 2014
Adopted: May 20, 2014
Effective: June 20, 2014
New Text Underlined; (DELETED TEXT BRACKETED)
Page 7 of 172
""Village witk a Past C# witk a Future
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014 illlll
\'.. the city o/'/ is9z
V
MEMO:
TO: City Council
r Y
FROM: Rick Koch, City Manager
1 DATE: May 14, 2014
SUBJECT: Ordinance No. 2747-2014
The purpose of this correspondence is to provide information in opposition to the above -
referenced, proposed ordinance.
This ordinance does not include an accompanying and/or supporting memorandum. As a result
it is unclear what problem, or perceived problem, is attempting to be resolved by the adoption
of this ordinance.
The effect of the ordinance would be to prohibit the City Manager, City Clerk, and City Attorney
from sponsoring ordinances and resolutions for Council consideration. I am unaware of any
problem or problems that have been caused by the Manager, Clerk, or Attorney being able to
sponsor ordinances and resolutions for the consideration of Council. Adoption of this ordinance
would fundamentally change the manner in which administrative actions are brought before
Council.
The following is a summary identifying sponsorship of ordinances and resolutions for the years
2011, 2012, and 2013:
Year
# Ord./Res.
Sponsored by
City Manager
# Ord./Res.
Sponsored by
P & Z Comm.
(City Manager)
# Ord./Res.
Sponsored by
Clerk and/or
Attorney
# Ord./Res.
Sponsored by
Council, Mayor,
Councilors
2011
130
4
2
17
2012
97
7
2
11
2013
115
2
3
20
Totals
342
13
7
48
Page 8 of 172
Attached Exhibits A -F, provide specific data in support of the above summary table.
As you can see, the City Manager (Administration) overthe latest three complete years has
sponsored 342 ordinances and resolutions, which comprise 83% of all ordinances and
resolutions introduced over that time period. Only two of the ordinances and resolutions
sponsored by the City Manager failed to be adopted, of which one was re -written at the
direction of Council and subsequently passed.
Past practice has been to show Ordinances and Resolutions being sponsored by the Planning &
Zoning Commission even though the Code does not provide that authority. As a practical
matter the sponsorship of Ordinances and Resolutions by the Planning &Zoning Commission
has been underthe authority of the City Manager.
The majority of resolutions and ordinances sponsored by the City Manager are administrative in
nature, such as:
1. Appropriations
2. Budget transfers
3. Fee schedules
4. Permits
5. Property leases
6. Acceptance of Grants
7, Establishing Annual Capital Improvement Project Priorities
S. Accepting Donations
9. Purchases and Contracts
Amending the Kenai Municipal Code to require the City Manger, City Clerk, and City Attorney to
request that a City Councilor and/or Mayor sponsor all ordinances and resolutions (with some
exception) would fundamentally change the manner in which legislation is brought before
Council for consideration. Also, it would create significant additional work to coordinate with,
provide information to, and brief, Council Members that the Manager, Clerk, and Attorney,
must ask to sponsor legislation.
It is unclear as to the purpose of this ordinance, and with respect to the sponsor,
Administration requests that the Council oppose Ordinance 2747-2014.
Page 9 of 172
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Page 10 of 172
Rick Koch
From: Christine Cunningham
Sent: Tuesday, May 13, 2014 1:18 PM
To: Rick Koch
Subject: Ordinances_ Sponsored_by_Admin_2011
Attachments: Ordinances_S pon sored_by_Ad mi n_2011. d ocx
There were 75 Ordinances archived in Laserfiche for 2011:
60 were sponsored by Administration (attached)
2 were sponsored by Councilors Bookey and Molloy (1 failed)
5 were sponsored by Councilor Boyle (2 failed)
3 were sponsored by the Planning & Zoning Commission
1 was sponsored by Councilors Marquis and Bookey and Administration
1 was sponsored by Councilor Molloy
1 was sponsored by the City Clerk
1 was sponsored by the City Clerk and City Attorney (post-poned indefinitely)
1 was sponsored by Councilor Moore
Christine Cunningham
Assistant to City Manager
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
907.283.8223
Kenai
AA-AaedcaW
IMV
2011
Page 11 of 172
EXHEBIT_
Page � Oi
r"
AGENDA
KENAI CITY COUNCIL — REGULAR MEETING
MAY 20, 2014
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http://www.ci.kenai.ak.us
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)
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty
(30) minutes aggregated)
1. Ordinance No. 2747-2014 — Amending Kenai Municipal Code 1.15.040 -
Agenda, to Require Ordinances and Resolutions to be Sponsored by at Least
One Council Member. [Clerk's Note: At its AprilZnd meeting Council
postponed public hearing of this ordinance until the May 20'h meeting.] ................. Pg 5
2. Ordinance No. 2748-2014 — Amending Kenai Municipal Code 1.90.020 -
Duties, to Provide that Boards, Commissions, and Committees Act in an
Advisory Capacity to Council. [Clerk's Note: At its April 2"d meeting Council
postponed public hearing of this ordinance until the May 20t" meeting.] ................. Pg 53
3. Ordinance No. 2753-2014 — Accepting and Appropriating a Grant from the
State of Alaska Department of Commerce Community and Economic
Development for $250,000 in the Kenai Bluff Stabilization Capital Project
Fund for the Kenai Bluff Erosion Control Project .................................................... Pg 59
4. Ordinance No. 2754-2014 — Accepting and Appropriating Funds Forfeited to
the Kenai Police Department.................................................................................Pg 63
5. Ordinance No. 2755-2014 — Amending Kenai Municipal Code 13.20.035 -
Camping, Fires, and other Activities on City Beaches, to Authorize the City
Manager to Temporarily Regulate Beach Activities to Protect Public Safety,
Health or Welfare, and for City Maintenance of Property ....................................... Pg 65
6. Ordinance No. 2756-2014 — Repealing Kenai Municipal Code 13.20.030 -
Protection of North and South Shore, and Re -Enacting it as Kenai Municipal
Code 13.20.030 - Protection of Environmentally Sensitive Areas, to Expand
its Application and to Authorize the City Manager to Implement Restrictions
on Public Entry, Access and Use for the Protection of Environmentally
Sensitive Areas Owned or Managed by the City, Subject to Change by the
Council..................................................................................................................Pg 71
7. Resolution No. 2014-36 — Fixing the Rate of Levy of Property Tax for the
Fiscal Year Commencing July 1, 2014 and Ending June 30, 2015.........................Pg 83
8. Resolution No. 2014-37 — Setting a Date for Holding a Public Hearing on the
Proposed VIP Drive Special Assessment District...................................................Pg 87
E. MINUTES
1. *Regular Meeting of May 7, 2014............................................................................Pg 89
F. UNFINISHED BUSINESS
1. Resolution No. 2014-24 — Approving City Council Policy 2014-01, Kenai
Council Travel Policy, Establishing Procedures for Approval of Council
Travel. [Clerk's Note: At its April 16`h meeting Council postponed the
Resolution to the May 20th meeting.]...................................................................... Pg 101
G. NEW BUSINESS
1. *Action/Approval — Bills to be Ratified................................................................. Pg 105
2. *Action/Approval — Purchase Orders Exceeding $15,000 .................................... Pg 107
3. *Ordinance No. 2757-2014 — Adopting the Annual Budget for the Fiscal Year
Commencing July 1, 2014 and Ending June 30, 2015...........................................Pg 109
4. *Ordinance No. 2758-2014 — Appropriating Funds Donated to the Kenai
Animal Shelter from Kenai Spine, LLC...................................................................Pg 125
5. *Ordinance No. 2759-2014 — Accepting and Appropriating $2,232.19 for
Anticipated Police Computer Forensic Software Reimbursements from
Internet Crimes Against Children (ICAC)............................................................... Pg 127
City of Kenai Council Meeting Agenda Page 2 of 4
May 20, 2014
I:�
6. *Ordinance No. 2760-2014 — Accepting and Appropriating $2,050.92 for
SART (Sexual Assault Response Team) Exam Reimbursements from the
Stateof Alaska...................................................................................................... Pg 131
7. Action/Approval — Non -Objection of Liquor License Renewal for Pink
Coyote Limited, Annalea Lott D/B/A Main Street Tap & Grill .................................. Pg 135
8. Action/Approval — Mayoral Nomination and Council Confirmation of
Appointing Albert Weeks to the Council on Aging..................................................Pg 141
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks and Recreation Commission
6. Planning and Zoning Commission.........................................................................Pg 143
7. Beautification Committee
8. Mini -Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager.........................................................................................................Pg 149
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 — None.
N. ADJOURNMENT
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review ............................ Pg 165
2. Correspondence from the Kenai Fire Fighters Association Regarding the 2014
Alaska State Fire Conference in September 2014 ....................................................... Pg 166
3. Kenai River Special Management Area Advisory Board Meeting Minutes of April
10, 2014......................................................................................................................Pg 167
City of Kenai Council Meeting Agenda Page 3 of 4
May 20, 2014
4. Cook Inlet Regional Citizens Advisory Council Annual Report 2013Recognizing
Captain Richard "Barry„ Eldridge.................................................................................Pg 170
The agenda and supporting documents are posted on the City's website at
www.ci.kenai.ak.us . 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.
City of Kenai Council Meeting Agenda Page 4 of 4
May 20, 2014
Suggested by: Council Member Boyle
CITY OF KENAI
ORDINANCE NO. 2747-2014
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KENAI MUNICIPAL CODE 1. 15.040 - AGENDA, TO REQUIRE ORDINANCES AND
RESOLUTIONS TO BE SPONSORED BY AT LEAST ONE COUNCIL MEMBER.
WHEREAS, the people of the City of Kenai, exercising the powers of a home rule
municipality established the Charter of the City of Kenai which, in Section 2-4(a)(2)
provides that Council shall have the power to enact legislation by ordinance; and,
WHEREAS, the City Charter in Section 2-4(a) also provides that all powers of the City,
including determination of all matters of policy are vested in the Council; and,
WHEREAS, only Council votes on the passage of all ordinances and resolutions; and,
WHEREAS, ordinances and resolutions cannot be adopted or enacted without a
majority of Council support.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that
Section 1. Form: That this is a code ordinance.
Section 2. Amendment of Section 1. 15.040 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 1. 15.040 - Agenda, is hereby amended as follows:
1.15.040 Agenda.
(a) The Mayor or other Council Member [, CITY CLERK, CITY ATTORNEY,
OR CITY MANAGER] may sponsor an ordinance for introduction or a resolution
for adoption, and such ordinance or resolution shall be placed on the agenda of
the regular Council meeting requested by the sponsor.
(b) The Mayor or other Council Member, City Clerk, City Attorney, or City
Manager may request that a discussion item be placed on the agenda of a
regular Council meeting, and such discussion item shall be placed on the
agenda of the regular Council meeting requested by the sponsor.
(c) A member of the public may request that a matter be placed on the
agenda subject to policies and procedures adopted under sub- section ([J]k).
Being placed on the agenda on the "Scheduled Public Comment" portion of the
agenda does not limit or restrict the requestor's ability to speak on a different
yy ' subject for which public comment is allowed.
New Tem Underlined; [DELETED TEXT BRACKETED]
Page 5 of 172
Ordinance No. 2747-2014
Page 2 of 3
(d) A sponsor, all co-sponsors, proposer or requester may request that an
item be removed from the agenda before the agenda is published under the
policies and procedures adopted under subsection 0) and such item shall be
removed from the agenda, unless the item has been carried over or postponed
from a previous agenda.
(e) The City Clerk shall prepare the agenda for each Council meeting after
consultation with the Mayor and City Manager, subject to subsections (a)
through (d). A draft agenda shall be circulated to the Mayor and other Council
Members, and the City Manager.
(f) Notice of the date, time, place, and agenda for each Council meeting shall
be given to the public by publication in a newspaper of general circulation and
by posting to the City's website and to the official bulletin board at City Hall
under policies and procedures adopted under subsection 6). Additional public
notice of meetings may be given by other means.
(g) A meeting packet containing the agenda, all legislative items, and
supporting documentation for all agenda items shall be distributed to the
Mayor, Council Members, and the City Manager.
(h) The City Clerk shall cause a copy of the meeting packet to be posted on
the City's website and to be provided to the Kenai Community Library, in order
to be made available for public viewing under policies and procedures adopted
under subsection 6). The City Clerk shall cause a paper copy or electronic copy
of the meeting packet to be provided to any member of the public, or to any
organization, upon request under policies and procedures adopted under
subsection 6). At least one paper copy of the meeting packet shall be made
available to the public at the meeting.
(i) The City Clerk shall provide paper copies of any late materials to the
Mayor, each Council Member, City Manager, and City Attorney. The City Clerk
shall also make paper copies of late materials available to the public at the
meeting.
0) The administration may develop policies and procedures to implement
this section, subject to review and approval of Council.
(k) Failure to comply with the above policies and procedures or with any
administrative policies will not invalidate any ordinance or Council action as
long as there was a good faith effort at compliance by the City Clerk.
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.
New Text Underlined; DELETED TEXT BRACKETED]
Page 6 of 172
Ordinance No. 2747-2014
Page 3 of 3
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall
take effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of May
2014.
ATTEST:
Sandra Modigh, City Clerk
PAT PORTER, MAYOR
Introduced: April 2, 2014
Adopted: May 20, 2014
Effective: June 20, 2014
New Text Underlined; (DELETED TEXT BRACKETED]
Page 7 of 172
j \ "'Village with a Past, C# with a Future"
i}~
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
\�Me city a 1991
KENAI ALASKA
�7
MEMO:
/j/� TO: City Council
Y `FROM: Rick Koch, City Manager
DATE: May 14, 2014
SUBJECT: Ordinance No. 2747-2014
The purpose of this correspondence is to provide information in opposition to the above -
referenced, proposed ordinance.
This ordinance does not include an accompanying and/or supporting memorandum. As a result
it is unclear what problem, or perceived problem, is attempting to be resolved by the adoption
of this ordinance.
The effect of the ordinance would be to prohibit the City Manager, City Clerk, and City Attorney
from sponsoring ordinances and resolutions for Council consideration. I am unaware of any
problem or problems that have been caused by the Manager, Clerk, or Attorney being able to
sponsor ordinances and resolutions for the consideration of Council. Adoption of this ordinance
would fundamentally change the manner in which administrative actions are brought before
Council.
The following is a summary identifying sponsorship of ordinances and resolutions for the years
2011, 2012, and 2013:
Year
# Ord./Res.
Sponsored by
City Manager
# Ord./Res.
Sponsored by
P & Z Comm.
(City Manager)
# Ord./Res.
Sponsored by
Clerk and/or
Attorney
# Ord./Res.
Sponsored by
Council, Mayor,
Councilors
2011
130
4
2
17
2012
97
7
2
11
2013
115
2
3
20
Totals
342
13
7
48
Page 8 of 172
Attached Exhibits A -F, provide specific data in support of the above summary table.
As you can see, the City Manager (Administration) over the latest three complete years has
sponsored 342 ordinances and resolutions, which comprise 83% of all ordinances and
resolutions introduced over that time period. Only two of the ordinances and resolutions
sponsored by the City Manager failed to be adopted, of which one was re -written at the
direction of Council and subsequently passed.
Past practice has been to show Ordinances and Resolutions being sponsored by the Planning &
Zoning Commission even though the Code does not provide that authority. As a practical
matter the sponsorship of Ordinances and Resolutions by the Planning &Zoning Commission
has been under the authority of the City Manager.
The majority of resolutions and ordinances sponsored by the City Manager are administrative in
nature, such as:
1.
Appropriations
2.
Budget transfers
3.
Fee schedules
4.
Permits
5.
Property leases
6. Acceptance of Grants
7. Establishing Annual Capital Improvement Project Priorities
8. Accepting Donations
9. Purchases and Contracts
Amending the Kenai Municipal Code to require the City Manger, City Clerk, and City Attorney to
request that a City Councilor and/or Mayor sponsor all ordinances and resolutions (with some
exception) would fundamentally change the manner in which legislation is brought before
Council for consideration. Also, it would create significant additional work to coordinate with,
provide information to, and brief, Council Members that the Manager, Clerk, and Attorney,
must ask to sponsor legislation.
It is unclear as to the purpose of this ordinance, and with respect to the sponsor,
Administration requests that the Council oppose Ordinance 2747-2014.
Page 9 of 172
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Page 10 of 172
Rick Koch
From: Christine Cunningham
Sent: Tuesday, May 13, 2014 1:18 PM
To: Rick Koch
Subject: Ordinances _S pon sored_by_Ad m in_2011
Attachments: Ordinances_Sponsored_by_Admin_2011. docx
There were 75 Ordinances archived in Laserfiche for 2011:
60 were sponsored by Administration (attached)
2 were sponsored by Councilors Bookey and Molloy (1 failed)
5 were sponsored by Councilor Boyle (2 failed)
3 were sponsored by the Planning & Zoning Commission
1 was sponsored by Councilors Marquis and Bookey and Administration
1 was sponsored by Councilor Molloy
1 was sponsored by the City Clerk
1 was sponsored by the City Clerk and City Attorney (post-poned indefinitely)
1 was sponsored by Councilor Moore
Christine Cunningham
Assistant to City Manager
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
907.283.8223
Kenai
AN-AmBricaClV
2011
Page 11 of 172
EXHIBIT ,!
AGENDA
KENAI CITY COUNCIL — REGULAR MEETING
MAY 20, 2014
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
htto://www.ci.kenai.ak.us
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)
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty
(30) minutes aggregated)
1. Ordinance No. 2747-2014 — Amending Kenai Municipal Code 1.15.040 -
Agenda, to Require Ordinances and Resolutions to be Sponsored by at Least
One Council Member. [Clerk's Note: At its April 2nd meeting Council
postponed public hearing of this ordinance until the May 20th meeting.] ................. Pg 5
2. Ordinance No. 2748-2014 — Amending Kenai Municipal Code 1.90.020 -
Duties, to Provide that Boards, Commissions, and Committees Act in an
Advisory Capacity to Council. [Clerk's Note: At its April 2°d meeting Council
postponed public hearing of this ordinance until the May 20th meeting.] ................. Pg 53
3. Ordinance No. 2753-2014 — Accepting and Appropriating a Grant from the
State of Alaska Department of Commerce Community and Economic
Development for $250,000 in the Kenai Bluff Stabilization Capital Project
Fund for the Kenai Bluff Erosion Control Project....................................................Pg 59
4. Ordinance No. 2754-2014 — Accepting and Appropriating Funds Forfeited to
the Kenai Police Department.................................................................................Pg 63
5. Ordinance No. 2755-2014 — Amending Kenai Municipal Code 13.20.035 -
Camping, Fires, and other Activities on City Beaches, to Authorize the City
Manager to Temporarily Regulate Beach Activities to Protect Public Safety,
Health or Welfare, and for City Maintenance of Property ....................................... Pg 65
6. Ordinance No. 2756-2014 — Repealing Kenai Municipal Code 13.20.030 -
Protection of North and South Shore, and Re -Enacting it as Kenai Municipal
Code 13.20.030 - Protection of Environmentally Sensitive Areas, to Expand
its Application and to Authorize the City Manager to Implement Restrictions
on Public Entry, Access and Use for the Protection of Environmentally
Sensitive Areas Owned or Managed by the City, Subject to Change by the
Council..................................................................................................................Pg 71
7. Resolution No. 2014-36 — Fixing the Rate of Levy of Property Tax for the
Fiscal Year Commencing July 1, 2014 and Ending June 30, 2015.........................Pg 83
8. Resolution No. 2014-37 — Setting a Date for Holding a Public Hearing on the
Proposed VIP Drive Special Assessment District...................................................Pg 87
E. MINUTES
1. *Regular Meeting of May 7, 2014............................................................................ Pg 89
F. UNFINISHED BUSINESS
1. Resolution No. 2014-24 — Approving City Council Policy 2014-01, Kenai
Council Travel Policy, Establishing Procedures for Approval of Council
Travel. [Clerk's Note: At its April 16th meeting Council postponed the
Resolution to the May 2dh meeting.]...................................................................... Pg 101
G. NEW BUSINESS
1. *Action/Approval — Bills to be Ratified................................................................. Pg 105
2. "Action/Approval — Purchase Orders Exceeding $15,000 .................................... Pg 107
3. *Ordinance No. 2757-2014 — Adopting the Annual Budget for the Fiscal Year
Commencing July 1, 2014 and Ending June 30, 2015..._ ..................................... Pg 109
4. *Ordinance No. 2758-2014 — Appropriating Funds Donated to the Kenai
Animal Shelter from Kenai Spine, LLC...................................................................Pg 125
5. *Ordinance No. 2759-2014 — Accepting and Appropriating $2,232.19 for
Anticipated Police Computer Forensic Software Reimbursements from
Internet Crimes Against Children (ICAC)............................................................... Pg 127
City of Kenai Council Meeting Agenda Page 2 of 4
May 20, 2014
:A
6. *Ordinance No. 2760-2014 — Accepting and Appropriating $2,050.92 for
SART (Sexual Assault Response Team) Exam Reimbursements from the
Stateof Alaska...................................................................................................... Pg 131
7. Action/Approval — Non -Objection of Liquor License Renewal for Pink
Coyote Limited, Annalea Lott D/B/A Main Street Tap & Grill .................................. Pg 135
8. Action/Approval — Mayoral Nomination and Council Confirmation of
Appointing Albert Weeks to the Council on Aging..................................................Pg 141
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks and Recreation Commission
6. Planning and Zoning Commission.........................................................................Pg 143
7. Beautification Committee
8. Mini -Grant Steering Committee
I. REPORT OF THE MAYOR
J.
1. City Manager.........................................................................................................Pg 149
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 — None.
N. ADJOURNMENT
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review ............................Pg 165
2. Correspondence from the Kenai Fire Fighters Association Regarding the 2014
Alaska State Fire Conference in September 2014 ....................................................... Pg 166
3. Kenai River Special Management Area Advisory Board Meeting Minutes of April
10, 2014......................................................................................................................Pg 167
City of Kenai Council Meeting Agenda Page 3 of 4
May 20, 2014
4. Cook Inlet Regional Citizens Advisory Council Annual Report 2013Recognizing
Captain Richard "Barry' Eldridge.................................................................................Pg 170
The agenda and supporting documents are posted on the City's website at
www.ci.kenai.ak.us . 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.
City of Kenai Council Meeting Agenda Page 4
May 20, 2014
Suggested by: Council Member Boyle
CITY OF KENAI
ORDINANCE NO. 2747-2014
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KENAI MUNICIPAL CODE 1. 15.040 - AGENDA, TO REQUIRE ORDINANCES AND
RESOLUTIONS TO BE SPONSORED BY AT LEAST ONE COUNCIL MEMBER.
WHEREAS, the people of the City of Kenai, exercising the powers of a home rule
municipality established the Charter of the City of Kenai which, in Section 2-4(a)(2)
provides that Council shall have the power to enact legislation by ordinance; and,
WHEREAS, the City Charter in Section 2-4(a) also provides that all powers of the City,
including determination of all matters of policy are vested in the Council; and,
WHEREAS, only Council votes on the passage of all ordinances and resolutions; and,
WHEREAS, ordinances and resolutions cannot be adopted or enacted without a
majority of Council support.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that
Section 1. Form: That this is a code ordinance.
Section 2. Amendment of Section 1. 15.040 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 1. 15.040 - Agenda, is hereby amended as follows:
1.15.040 Agenda.
(a) The Mayor or other Council Member [, CITY CLERK, CITY ATTORNEY,
OR CITY MANAGER] may sponsor an ordinance for introduction or a resolution
for adoption, and such ordinance or resolution shall be placed on the agenda of
the regular Council meeting requested by the sponsor.
(b) The Mayor or other Council Member, City Clerk, City Attorney, or City
Manager may request that a discussion item be placed on the agenda of a
regular Council meeting, and such discussion item shall be placed on the
agenda of the regular Council meeting requested by the sponsor.
(c) A member of the public may request that a matter be placed on the
agenda subject to policies and procedures adopted under sub- section ([J]J.
Being placed on the agenda on the "Scheduled Public Comment" portion of the
agenda does not limit or restrict the requestor's ability to speak on a different
subject for which public comment is allowed.
New Text Underlined; [DELETED TEXT BRACKETED]
Page 5 of 172
Ordinance No. 2747-2014
Page 2 of 3
(d) A sponsor, all co-sponsors, proposer or requester may request that an
item be removed from the agenda before the agenda is published under the
policies and procedures adopted under subsection 6) and such item shall be
removed from the agenda, unless the item has been carried over or postponed
from a previous agenda.
(e) The City Clerk shall prepare the agenda for each Council meeting after
consultation with the Mayor and City Manager, subject to subsections (a)
through (d). A draft agenda shall be circulated to the Mayor and other Council
Members, and the City Manager.
(f) Notice of the date, time, place, and agenda for each Council meeting shall
be given to the public by publication in a newspaper of general circulation and
by posting to the City's website and to the official bulletin board at City Hall
under policies and procedures adopted under subsection 0). Additional public
notice of meetings may be given by other means.
(g) A meeting packet containing the agenda, all legislative items, and
supporting documentation for all agenda items shall be distributed to the
Mayor, Council Members, and the City Manager.
(h) The City Clerk shall cause a copy of the meeting packet to be posted on
the City's website and to be provided to the Kenai Community Library, in order
to be made available for public viewing under policies and procedures adopted
under subsection 0). The City Clerk shall cause a paper copy or electronic copy
of the meeting packet to be provided to any member of the public, or to any
organization, upon request under policies and procedures adopted under
subsection 6). At least one paper copy of the meeting packet shall be made
available to the public at the meeting.
(i) The City Clerk shall provide paper copies of any late materials to the
Mayor, each Council Member, City Manager, and City Attorney. The City Clerk
shall also make paper copies of late materials available to the public at the
meeting.
6) The administration may develop policies and procedures to implement
this section, subject to review and approval of Council.
(k) Failure to comply with the above policies and procedures or with any
administrative policies will not invalidate any ordinance or Council action as
long as there was a good faith effort at compliance by the City Clerk.
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.
New Text Underlined; )DELETED TEXT BRACKETED)
Page 6 of 172
Ordinance No. 2747-2014
Page 3 of 3
Section 4. Effective Date: That pursuant to KMC 1.15.070(fl, this ordinance shall
take effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of May
2014.
ATTEST:
Sandra Modigh, City Clerk
PAT PORTER, MAYOR
Introduced: April 2, 2014
Adopted: May 20, 2014
Effective: June 20, 2014
New Text Underlined; )DELETED TEXT BRACKETED)
Page 7 of 172
IlVillage with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
1992
MEMO:
TO: City Council
Y
FROM: Rick Koch, City Manager
DATE: May 14, 2014
SUBJECT: Ordinance No. 2747-2014
The purpose of this correspondence is to provide information in opposition to the above -
referenced, proposed ordinance.
This ordinance does not include an accompanying and/or supporting memorandum. As a result
it is unclear what problem, or perceived problem, is attempting to be resolved by the adoption
of this ordinance.
The effect of the ordinance would be to prohibit the City Manager, City Clerk, and City Attorney
from sponsoring ordinances and resolutions for Council consideration. I am unaware of any
problem or problems that have been caused by the Manager, Clerk, or Attorney being able to
sponsor ordinances and resolutions for the consideration of Council. Adoption of this ordinance
would fundamentally change the manner in which administrative actions are brought before
Council.
The following is a summary identifying sponsorship of ordinances and resolutions for the years
2011, 2012, and 2013:
Year
# Ord./Res.
Sponsored by
City Manager
# Ord./Res.
Sponsored by
P & Z Comm.
(City Manager)
# Ord./Res.
Sponsored by
Clerk and/or
Attorney
# Ord./Res.
Sponsored by
Council, Mayor,
Councilors
2011
130
4
2
17
2012
97
7
2
11
2013
115
1 2
3
20
Totals
342
1 13
7
48
Page 8 of 172
M
Attached Exhibits A -F, provide specific data in support of the above summary table.
As you can see, the City Manager (Administration) over the latest three complete years has
sponsored 342 ordinances and resolutions, which comprise 83% of all ordinances and
resolutions introduced over that time period. Only two of the ordinances and resolutions
sponsored by the City Manager failed to be adopted, of which one was re -written at the
direction of Council and subsequently passed.
Past practice has been to show Ordinances and Resolutions being sponsored by the Planning &
Zoning Commission even though the Code does not provide that authority. As a practical
matter the sponsorship of Ordinances and Resolutions by the Planning &Zoning Commission
has been under the authority of the City Manager.
The majority of resolutions and ordinances sponsored by the City Manager are administrative in
nature, such as:
1.
Appropriations
2.
Budget transfers
3.
Fee schedules
4.
Permits
5.
Property leases
6. Acceptance of Grants
7. Establishing Annual Capital Improvement Project Priorities
8. Accepting Donations
9. Purchases and Contracts
Amending the Kenai Municipal Code to require the City Manger, City Clerk, and City Attorney to
request that a City Councilor and/or Mayor sponsor all ordinances and resolutions (with some
exception) would fundamentally change the manner in which legislation is brought before
Council for consideration. Also, it would create significant additional work to coordinate with,
provide information to, and brief, Council Members that the Manager, Clerk, and Attorney,
must ask to sponsor legislation.
It is unclear as to the purpose of this ordinance, and with respect to the sponsor,
Administration requests that the Council oppose Ordinance 2747-2014.
Page 9 of 172
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Page 10 of 172
Rick Koch
From: Christine Cunningham
Sent: Tuesday, May 13, 2014 1:18 PM
To: Rick Koch
Subject: Ordinances—Sponsored by_Admin_2011
Attachments: Ordinances_Spon sored_by_Ad m in_2011. docx
There were 75 Ordinances archived in Laserfiche for 2011:
60 were sponsored by Administration (attached)
2 were sponsored by Councilors Bookey and Molloy (1 failed)
5 were sponsored by Councilor Boyle (2 failed)
3 were sponsored by the Planning & Zoning Commission
1 was sponsored by Councilors Marquis and Bookey and Administration
1 was sponsored by Councilor Molloy
1 was sponsored by the City Clerk
1 was sponsored by the City Clerk and City Attorney (post-poned indefinitely)
1 was sponsored by Councilor Moore
Christine Cunningham
Assistant to City Manager
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
907.283.8223
Kenai
aAmericaClty
'1111.'
2011
Page 11 of 172
EXHIBIT
Pa®8 � Or
AGENDA
KENAI CITY COUNCIL — REGULAR MEETING
MAY 20, 2014
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http://www.ci.kenai.ak.us
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)
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty
(30) minutes aggregated)
1. Ordinance No. 2747-2014 — Amending Kenai Municipal Code 1.15.040 -
Agenda, to Require Ordinances and Resolutions to be Sponsored by at Least
One Council Member. [Clerk's Note: At its April 2nd meeting Council
postponed public hearing of this ordinance until the May 20th meeting.] ................. Pg 5
2. Ordinance No. 2748-2014 — Amending Kenai Municipal Code 1.90.020 -
Duties, to Provide that Boards, Commissions, and Committees Act in an
Advisory Capacity to Council. [Clerk's Note: At its April 20d meeting Council
postponed public hearing of this ordinance until the May 20th meeting.] ................. Pg 53
3. Ordinance No. 2753-2014 — Accepting and Appropriating a Grant from the
State of Alaska Department of Commerce Community and Economic
Development for $250,000 in the Kenai Bluff Stabilization Capital Project
Fund for the Kenai Bluff Erosion Control Project....................................................Pg 59
4. Ordinance No. 2754-2014 — Accepting and Appropriating Funds Forfeited to
the Kenai Police Department.................................................................................Pg 63
5. Ordinance No. 2755-2014 — Amending Kenai Municipal Code 13.20.035 -
Camping, Fires, and other Activities on City Beaches, to Authorize the City
Manager to Temporarily Regulate Beach Activities to Protect Public Safety,
Health or Welfare, and for City Maintenance of Property ....................................... Pg 65
6. Ordinance No. 2756-2014 — Repealing Kenai Municipal Code 13.20.030 -
Protection of North and South Shore, and Re -Enacting it as Kenai Municipal
Code 13.20.030 - Protection of Environmentally Sensitive Areas, to Expand
its Application and to Authorize the City Manager to Implement Restrictions
on Public Entry, Access and Use for the Protection of Environmentally
Sensitive Areas Owned or Managed by the City, Subject to Change by the
Council..................................................................................................................Pg 71
7. Resolution No. 2014-36 — Fixing the Rate of Levy of Property Tax for the
Fiscal Year Commencing July 1, 2014 and Ending June 30, 2015.........................Pg 83
8. Resolution No. 2014-37 — Setting a Date for Holding a Public Hearing on the
Proposed VIP Drive Special Assessment District...................................................Pg 87
E. MINUTES
1. *Regular Meeting of May 7, 2014............................................................................ Pg 89
F. UNFINISHED BUSINESS
1. Resolution No. 2014-24 — Approving City Council Policy 2014-01, Kenai
Council Travel Policy, Establishing Procedures for Approval of Council
Travel. [Clerk's Note: At its April 16th meeting Council postponed the
Resolution to the May 20th meeting.] ...................................................................... Pg 101
G. NEW BUSINESS
1. *Action/Approval — Bills to be Ratified................................................................. Pg 105
2. *Action/Approval — Purchase Orders Exceeding $15,000 .................................... Pg 107
3. *Ordinance No. 2757-2014 —Adopting the Annual Budget for the Fiscal Year
Commencing July 1, 2014 and Ending June 30, 2015...........................................Pg 109
4. *Ordinance No. 2758-2014 — Appropriating Funds Donated to the Kenai
Animal Shelter from Kenai Spine, LLC...................................................................Pg 125
5. *Ordinance No. 2759-2014 — Accepting and Appropriating $2,232.19 for
Anticipated Police Computer Forensic Software Reimbursements from
Internet Crimes Against Children (ICAC)...............................................................Pg 127
City of Kenai Council Meeting Agenda Page 2 of 4
May 20, 2014
6. 'Ordinance No. 2760-2014 — Accepting and Appropriating $2,050.92 for
SART (Sexual Assault Response Team) Exam Reimbursements from the
Stateof Alaska...................................................................................................... Pg 131
7. Action/Approval — Non -Objection of Liquor License Renewal for Pink
Coyote Limited, Annalea Lott D/B/A Main Street Tap & Grill .................................. Pg 135
8. Action/Approval — Mayoral Nomination and Council Confirmation of
Appointing Albert Weeks to the Council on Aging .................................................. Pg 141
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks and Recreation Commission
6. Planning and Zoning Commission......................................................................... Pg 143
7. Beautification Committee
8. Mini -Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager.........................................................................................................Pg 149
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 — None.
N. ADJOURNMENT
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review ............................ Pg 165
2. Correspondence from the Kenai Fire Fighters Association Regarding the 2014
Alaska State Fire Conference in September 2014 ....................................................... Pg 166
3. Kenai River Special Management Area Advisory Board Meeting Minutes of April
10, 2014...................................................................................................................... Pg 167
City of Kenai Council Meeting Agenda Page 3 of 4
May 20, 2014
4. Cook Inlet Regional Citizens Advisory Council Annual Report 2013Recognizing
Captain Richard "Barry" Eldridge.................................................................................Pg 170
The agenda and supporting documents are posted on the City's website at
www.ci.kenai.ak.us . 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.
City of Kenai Council Meeting Agenda Page 4 of 4
May 20, 2014
Suggested by: Council Member Boyle
CITY OF KENAI
ORDINANCE NO. 2747-2014
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KENAI MUNICIPAL CODE 1. 15.040 - AGENDA, TO REQUIRE ORDINANCES AND
RESOLUTIONS TO BE SPONSORED BY AT LEAST ONE COUNCIL MEMBER.
WHEREAS, the people of the City of Kenai, exercising the powers of a home rule
municipality established the Charter of the City of Kenai which, in Section 2-4(a)(2)
provides that Council shall have the power to enact legislation by ordinance; and,
WHEREAS, the City Charter in Section 2-4(a) also provides that all powers of the City,
including determination of all matters of policy are vested in the Council; and,
WHEREAS, only Council votes on the passage of all ordinances and resolutions; and,
WHEREAS, ordinances and resolutions cannot be adopted or enacted without a
majority of Council support.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that
Section 1. Form: That this is a code ordinance.
Section 2. Amendment of Section 1.15.040 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 1. 15.040 - Agenda, is hereby amended as follows:
1.15.040 Agenda.
(a) The Mayor or other Council Member [, CITY CLERK, CITY ATTORNEY,
OR CITY MANAGER] may sponsor an ordinance for introduction or a resolution
for adoption, and such ordinance or resolution shall be placed on the agenda of
the regular Council meeting requested by the sponsor.
(b) The Mayor or other Council Member, City Clerk, City Attorney, or City
Manager may request that a discussion item be placed on the agenda of a
regular Council meeting, and such discussion item shall be placed on the
agenda of the regular Council meeting requested by the sponsor.
(c) A member of the public may request that a matter be placed on the
agenda subject to policies and procedures adopted under sub- section ([J]kJ.
Being placed on the agenda on the "Scheduled Public Comment" portion of the
agenda does not limit or restrict the requestor's ability to speak on a different
subject for which public comment is allowed.
New Text Underlined; (DELETED TEXT BRACKETED)
Page 5 of 172
Ordinance No. 2747-2014
Page 2 of 3
(d) A sponsor, all co-sponsors, proposer or requester may request that an
item be removed from the agenda before the agenda is published under the
policies and procedures adopted under subsection 0) and such item shall be
removed from the agenda, unless the item has been carried over or postponed
from a previous agenda.
(e) The City Clerk shall prepare the agenda for each Council meeting after
consultation with the Mayor and City Manager, subject to subsections (a)
through (d). A draft agenda shall be circulated to the Mayor and other Council
Members, and the City Manager.
(f) Notice of the date, time, place, and agenda for each Council meeting shall
be given to the public by publication in a newspaper of general circulation and
by posting to the City's website and to the official bulletin board at City Hall
under policies and procedures adopted under subsection 6). Additional public
notice of meetings may be given by other means.
(g) A meeting packet containing the agenda, all legislative items, and
supporting documentation for all agenda items shall be distributed to the
Mayor, Council Members, and the City Manager.
(h) The City Clerk shall cause a copy of the meeting packet to be posted on
the City's website and to be provided to the Kenai Community Library, in order
to be made available for public viewing under policies and procedures adopted
under subsection 6). The City Clerk shall cause a paper copy or electronic copy
of the meeting packet to be provided to any member of the public, or to any
organization, upon request under policies and procedures adopted under
subsection 0). At least one paper copy of the meeting packet shall be made
available to the public at the meeting.
(i) The City Clerk shall provide paper copies of any late materials to the
Mayor, each Council Member, City Manager, and City Attorney. The City Clerk
shall also make paper copies of late materials available to the public at the
meeting.
6) The administration may develop policies and procedures to implement
this section, subject to review and approval of Council.
(k) Failure to comply with the above policies and procedures or with any
administrative policies will not invalidate any ordinance or Council action as
long as there was a good faith effort at compliance by the City Clerk.
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.
New Tent Underlined; ]DELETED TEXT BRACKETED]
Page 6 of 172
Ordinance No. 2747-2014
Page 3 of 3
Section 4. Effective Date: That pursuant to KMC 1.15.070(% this ordinance shall
take effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of May
2014.
ATTEST:
Sandra Modigh, City Clerk
PAT PORTER, MAYOR
Introduced: April 2, 2014
Adopted: May 20, 2014
Effective: June 20, 2014
New Text Underlined; [DELETED TEXT BRACKETED
Page 7 of 172
"Villaye with a Past, C# with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611-7794 II„
Telephone: 907-283-7535 / FAX: 907-283-3014
�` t%rt tit 0 1992
r f,�
KENAI, ALASKA
MEMO*
TO: City Council
1 FROM: Rick Koch, City Manager
I DATE: May 14, 2014
SUBJECT: Ordinance No. 2747-2014
The purpose of this correspondence is to provide information in opposition to the above -
referenced, proposed ordinance.
This ordinance does not include an accompanying and/or supporting memorandum. As a result
it is unclear what problem, or perceived problem, is attempting to be resolved by the adoption
of this ordinance.
The effect of the ordinance would be to prohibit the City Manager, City Clerk, and City Attorney
from sponsoring ordinances and resolutions for Council consideration. I am unaware of any
problem or problems that have been caused by the Manager, Clerk, or Attorney being able to
sponsor ordinances and resolutions for the consideration of Council. Adoption of this ordinance
would fundamentally change the manner in which administrative actions are brought before
Council.
The following is a summary identifying sponsorship of ordinances and resolutions for the years
2011, 2012, and 2013:
# Ord./Res.
Sponsored by
Year City Manager
# Ord./Res.
Sponsored by
P & Z Comm.
(City Manager)
# Ord./Res.
Sponsored by
Clerk and/or
Attorney
# Ord./Res.
Sponsored by
Council, Mayor,
Councilors
2011 130
4
2
17
2012 97
7
2
11
2013 115
2
3
20
Totals 342
13
7
48
Page 8 of 172
Attached Exhibits A -F, provide specific data in support of the above summary table.
As you can see, the City Manager (Administration) over the latest three complete years has
sponsored 342 ordinances and resolutions, which comprise 83% of all ordinances and
resolutions introduced over that time period. Only two of the ordinances and resolutions
sponsored by the City Manager failed to be adopted, of which one was re -written at the
direction of Council and subsequently passed.
Past practice has been to show Ordinances and Resolutions being sponsored by the Planning &
Zoning Commission even though the Code does not provide that authority. As a practical
matter the sponsorship of Ordinances and Resolutions by the Planning &Zoning Commission
has been underthe authority of the City Manager.
The majority of resolutions and ordinances sponsored by the City Manager are administrative in
nature, such as:
1. Appropriations
2. Budget transfers
3. Fee schedules
4. Permits
5. Property leases
6. Acceptance of Grants
7. Establishing Annual Capital Improvement Project Priorities
8. Accepting Donations
9. Purchases and Contracts
Amending the Kenai Municipal Code to require the City Manger, City Clerk, and City Attorney to
request that a City Councilor and/or Mayor sponsor all ordinances and resolutions (with some
exception) would fundamentally change the manner in which legislation is brought before
Council for consideration. Also, it would create significant additional work to coordinate with,
provide information to, and brief, Council Members that the Manager, Clerk, and Attorney,
must ask to sponsor legislation.
It is unclear as to the purpose of this ordinance, and with respect to the sponsor,
Administration requests that the Council oppose Ordinance 2747-2014.
Page 9 of 172
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Page 10 of 172
Rick Koch
From: Christine Cunningham
Sent: Tuesday, May 13, 2014 1:18 PM
To: Rick Koch
Subject: Ordinances Sponsored by_Admin_2011
Attachments: Ordinances_Sponsored_by_Admin_2011.docx
There were 75 Ordinances archived in Laserfiche for 2011:
60 were sponsored by Administration (attached)
2 were sponsored by Councilors Bookey and Molloy (1 failed)
5 were sponsored by Councilor Boyle (2 failed)
3 were sponsored by the Planning & Zoning Commission
1 was sponsored by Councilors Marquis and Bookey and Administration
1 was sponsored by Councilor Molloy
1 was sponsored by the City Clerk
1 was sponsored by the City Clerk and City Attorney (post-poned indefinitely)
1 was sponsored by Councilor Moore
Christine Cunningham
Assistant to City Manager
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
907.283.8223
Kenai
wl-amerieaCiq
2011
Page 11 of 172
EXHIBIT_____-_
Page �z Oi
i
AGENDA
KENAI CITY COUNCIL — REGULAR MEETING
MAY 20, 2014
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http://www.ci.kenai.ak.us
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)
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker, thirty (30) minutes aggregated)
D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty
(30) minutes aggregated)
1. Ordinance No. 2747-2014 — Amending Kenai Municipal Code 1.15.040 -
Agenda, to Require Ordinances and Resolutions to be Sponsored by at Least
One Council Member. [Clerk's Note: At its April 2°d meeting Council
postponed public hearing of this ordinance until the May 20`h meeting.] ................. Pg 5
2. Ordinance No. 2748-2014 — Amending Kenai Municipal Code 1.90.020 -
Duties, to Provide that Boards, Commissions, and Committees Act in an
Advisory Capacity to Council. [Clerk's Note: At its April 2 n meeting Council
postponed public hearing of this ordinance until the May 20th meeting.] ................. Pg 53
3. Ordinance No. 2753-2014 — Accepting and Appropriating a Grant from the
State of Alaska Department of Commerce Community and Economic
Development for $250,000 in the Kenai Bluff Stabilization Capital Project
Fund for the Kenai Bluff Erosion Control Project .................................................... Pg 59
4. Ordinance No. 2754-2014 — Accepting and Appropriating Funds Forfeited to
the Kenai Police Department..................................................................................Pg 63
5. Ordinance No. 2755-2014 — Amending Kenai Municipal Code 13.20.035 -
Camping, Fires, and other Activities on City Beaches, to Authorize the City
Manager to Temporarily Regulate Beach Activities to Protect Public Safety,
Health or Welfare, and for City Maintenance of Property ....................................... Pg 65
6. Ordinance No. 2756-2014 — Repealing Kenai Municipal Code 13.20.030 -
Protection of North and South Shore, and Re -Enacting it as Kenai Municipal
Code 13.20.030 - Protection of Environmentally Sensitive Areas, to Expand
its Application and to Authorize the City Manager to Implement Restrictions
on Public Entry, Access and Use for the Protection of Environmentally
Sensitive Areas Owned or Managed by the City, Subject to Change by the
Council..................................................................................................................Pg 71
7. Resolution No. 2014-36 — Fixing the Rate of Levy of Property Tax for the
Fiscal Year Commencing July 1, 2014 and Ending June 30, 2015 ......................... Pg 83
8. Resolution No. 2014-37 — Setting a Date for Holding a Public Hearing on the
Proposed VIP Drive Special Assessment District...................................................Pg 87
E. MINUTES
1. *Regular Meeting of May 7, 2014............................................................................ Pg 89
F. UNFINISHED BUSINESS
1. Resolution No. 2014-24 — Approving City Council Policy 2014-01, Kenai
Council Travel Policy, Establishing Procedures for Approval of Council
Travel. [Clerk's Note: At its April 16th meeting Council postponed the
Resolution to the May 20th meeting.]...................................................................... Pg 101
G. NEW BUSINESS
1. *Action/Approval — Bills to be Ratified................................................................. Pg 105
2. *Action/Approval — Purchase Orders Exceeding $15,000 .................................... Pg 107
3. *Ordinance No. 2757-2014 — Adopting the Annual Budget for the Fiscal Year
Commencing July 1, 2014 and Ending June 30, 2015...........................................Pg 109
4. *Ordinance No. 2758-2014 — Appropriating Funds Donated to the Kenai
Animal Shelter from Kenai Spine, LLC...................................................................Pg 125
5. *Ordinance No. 2759-2014 — Accepting and Appropriating $2,232.19 for
Anticipated Police Computer Forensic Software Reimbursements from
Internet Crimes Against Children (ICAC)...............................................................Pg 127
City of Kenai Council Meeting Agenda Page 2 of 4
May 20, 2014
6. *Ordinance No. 2760-2014 — Accepting and Appropriating $2,050.92 for
SART (Sexual Assault Response Team) Exam Reimbursements from the
Stateof Alaska...................................................................................................... Pg 131
7. Action/Approval — Non -Objection of Liquor License Renewal for Pink
Coyote Limited, Annalea Lott D/B/A Main Street Tap & Grill .................................. Pg 135
8. Action/Approval — Mayoral Nomination and Council Confirmation of
Appointing Albert Weeks to the Council on Aging .................................................. Pg 141
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks and Recreation Commission
6. Planning and Zoning Commission.........................................................................Pg 143
7. Beautification Committee
8. Mini -Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager.........................................................................................................Pg 149
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 — None.
N. ADJOURNMENT
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review ............................Pg 165
2. Correspondence from the Kenai Fire Fighters Association Regarding the 2014
Alaska State Fire Conference in September 2014 ....................................................... Pg 166
3. Kenai River Special Management Area Advisory Board Meeting Minutes of April
10, 2014...................................................................................................................... Pg 167
City of Kenai Council Meeting Agenda Page 3 of 4
May 20, 2014
4. Cook Inlet Regional Citizens Advisory Council Annual Report 2013Recognizing
Captain Richard "Barry„ Eldridge.................................................................................Pg 170
The agenda and supporting documents are posted on the City's website at
www.ci.kenai.ak.us . 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.
City of Kenai Council Meeting Agenda Page 4 of 4
May 20, 2014
Suggested by: Council Member Boyle
CITY OF KENAI
ORDINANCE NO. 2747-2014
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KENAI MUNICIPAL CODE 1. 15.040 - AGENDA, TO REQUIRE ORDINANCES AND
RESOLUTIONS TO BE SPONSORED BY AT LEAST ONE COUNCIL MEMBER.
WHEREAS, the people of the City of Kenai, exercising the powers of a home rule
municipality established the Charter of the City of Kenai which, in Section 2-4(a)(2)
provides that Council shall have the power to enact legislation by ordinance; and,
WHEREAS, the City Charter in Section 2-4(a) also provides that all powers of the City,
including determination of all matters of policy are vested in the Council; and,
WHEREAS, only Council votes on the passage of all ordinances and resolutions; and,
WHEREAS, ordinances and resolutions cannot be adopted or enacted without a
majority of Council support.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that
Section 1. Form: That this is a code ordinance.
Section 2. Amendment of Section 1. 15.040 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 1. 15.040 - Agenda, is hereby amended as follows:
1. 15.040 Agenda.
(a) The Mayor or other Council Member [, CITY CLERK, CITY ATTORNEY,
OR CITY MANAGER] may sponsor an ordinance for introduction or a resolution
for adoption, and such ordinance or resolution shall be placed on the agenda of
the regular Council meeting requested by the sponsor.
(b) The Mayor or other Council Member, City Clerk, City Attorney, or City
Manager may request that a discussion item be placed on the agenda of a
regular Council meeting, and such discussion item shall be placed on the
agenda of the regular Council meeting requested by the sponsor.
(c) A member of the public may request that a matter be placed on the
agenda subject to policies and procedures adopted under sub- section (]J]J.
Being placed on the agenda on the "Scheduled Public Comment" portion of the
agenda does not limit or restrict the requestor's ability to speak on a different
subject for which public comment is allowed.
New Tem Underlined; [DELETED TEXT BRACKETED]
Page 5 of 172
Ordinance No. 2747-2014
Page 2 of 3
(d) A sponsor, all co-sponsors, proposer or requester may request that an
item be removed from the agenda before the agenda is published under the
policies and procedures adopted under subsection 6) and such item shall be
removed from the agenda, unless the item has been carried over or postponed
from a previous agenda.
(e) The City Clerk shall prepare the agenda for each Council meeting after
consultation with the Mayor and City Manager, subject to subsections (a)
through (d). A draft agenda shall be circulated to the Mayor and other Council
Members, and the City Manager.
(fl Notice of the date, time, place, and agenda for each Council meeting shall
be given to the public by publication in a newspaper of general circulation and
by posting to the City's website and to the official bulletin board at City Hall
under policies and procedures adopted under subsection 0). Additional public
notice of meetings may be given by other means.
(g) A meeting packet containing the agenda, all legislative items, and
supporting documentation for all agenda items shall be distributed to the
Mayor, Council Members, and the City Manager.
(h) The City Clerk shall cause a copy of the meeting packet to be posted on
the City's website and to be provided to the Kenai Community Library, in order
to be made available for public viewing under policies and procedures adopted
under subsection 0). The City Clerk shall cause a paper copy or electronic copy
of the meeting packet to be provided to any member of the public, or to any
organization, upon request under policies and procedures adopted under
subsection 6). At least one paper copy of the meeting packet shall be made
available to the public at the meeting.
(i) The City Clerk shall provide paper copies of any late materials to the
Mayor, each Council Member, City Manager, and City Attorney. The City Clerk
shall also make paper copies of late materials available to the public at the
meeting,
0) The administration may develop policies and procedures to implement
this section, subject to review and approval of Council.
(k) Failure to comply with the above policies and procedures or with any
administrative policies will not invalidate any ordinance or Council action as
long as there was a good faith effort at compliance by the City Clerk.
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.
New Text Underlined; DELETED TEXT BRACKETED)
Page 6 of 172
Ordinance No. 2747-2014
Page 3 of 3
Section 4. Effective Date: That pursuant to KMC 1.15.070(o, this ordinance shall
take effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of May
2014.
ATTEST:
Sandra Modigh, City Clerk
PAT PORTER, MAYOR
Introduced: April 2, 2014
Adopted: May 20, 2014
Effective: June 20, 2014
New Text Underlined; [DELETED TEXT BRACKETED]
Page 7 of 172
u
"Villaye with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611-7794 MW
Telephone: 907-283-7535 / FAX: 907-283-3014 11 111.
1992
MEMO:
TO: City Council
Y
FROM: Rick Koch, City Manager
DATE: May 14, 2014
SUBJECT: Ordinance No. 2747-2014
The purpose of this correspondence is to provide information in opposition to the above -
referenced, proposed ordinance.
This ordinance does not include an accompanying and/or supporting memorandum. As a resull
it is unclear what problem, or perceived problem, is attempting to be resolved by the adoption
of this ordinance.
The effect of the ordinance would be to prohibit the City Manager, City Clerk, and City Attorney
from sponsoring ordinances and resolutions for Council consideration. I am unaware of any
problem or problems that have been caused by the Manager, Clerk, or Attorney being able to
sponsor ordinances and resolutions for the consideration of Council. Adoption of this ordinance
would fundamentally change the manner in which administrative actions are brought before
Council.
The following is a summary identifying sponsorship of ordinances and resolutions for the years
2011, 2012, and 2013:
Year
# Ord./Res.
Sponsored by
City Manager
# Ord./Res.
Sponsored by
P & Z Comm.
(City Manager)
# Ord./Res.
Sponsored by
Clerk and/or
Attorney
# Ord./Res.
Sponsored by
Council, Mayor,
Councilors
2011
130
4
2
17
2012
97
7
2
11
2013
115
2
3
20
Totals
342
13
7
48
Page 8 of 172
Attached Exhibits A -F, provide specific data in support of the above summary table.
As you can see, the City Manager (Administration) over the latest three complete years has
sponsored 342 ordinances and resolutions, which comprise 83% of all ordinances and
resolutions introduced over that time period. Only two of the ordinances and resolutions
sponsored by the City Manager failed to be adopted, of which one was re -written at the
direction of Council and subsequently passed.
Past practice has been to show Ordinances and Resolutions being sponsored by the Planning &
Zoning Commission even though the Code does not provide that authority. As a practical
matter the sponsorship of Ordinances and Resolutions by the Planning &Zoning Commission
has been under the authority of the City Manager.
The majority of resolutions and ordinances sponsored by the City Manager are administrative in
nature, such as:
1. Appropriations
2. Budget transfers
3. Fee schedules
4. Permits
5. Property leases
6. Acceptance of Grants
7. Establishing Annual Capital Improvement Project Priorities
8. Accepting Donations
9. Purchases and Contracts
Amending the Kenai Municipal Code to require the City Manger, City Clerk, and City Attorney to
request that a City Councilor and/or Mayor sponsor all ordinances and resolutions (with some
exception) would fundamentally change the manner in which legislation is brought before
Council for consideration. Also, it would create significant additional work to coordinate with,
provide information to, and brief, Council Members that the Manager, Clerk, and Attorney,
must ask to sponsor legislation.
It is unclear as to the purpose of this ordinance, and with respect to the sponsor,
Administration requests that the Council oppose Ordinance 2747-2014.
Page 9 of 172
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Page 10 of 172
Rick Koch
From:
Christine Cunningham
Sent:
Tuesday, May 13, 2014 1:18 PM
To:
Rick Koch
Subject:
Ordinances–Sponsored by_Admin_2011
Attachments:
Ordinances_Sponsored_by_Admin_2011. docx
There were 75 Ordinances archived in Laserfiche for 2011:
60 were sponsored by Administration (attached)
2 were sponsored by Councilors Bookey and Molloy (1 failed)
5 were sponsored by Councilor Boyle (2 failed)
3 were sponsored by the Planning & Zoning Commission
1 was sponsored by Councilors Marquis and Bookey and Administration
1 was sponsored by Councilor Molloy
1 was sponsored by the City Clerk
1 was sponsored by the City Clerk and City Attorney (post-poned indefinitely)
1 was sponsored by Councilor Moore
Christine Cunningham
Assistant to City Manager
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
907.283.8223
I{enai
M-Amedeachy
I�I�11
2011
Page 11 of 172
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