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2008-05-13 Beautification Packet
IYEl~P,I l3E~Y7TIFIC~TIIIId C®MMITTEE Y 13, 2®®~ '7:®® h.M. I~EbI.~.I C®ITIVCIL C MI;EIaS 196sEl~I7A ITEM I: CSI, T® CiI2IDEI2 & IZEAI.I. ~AI.I< ITEM 2: E4QBED7IDI~ APPfl2IYVAI, ITEM B: APY'I2®VAI~ QF' MEETING SITMM I' -- March 25, 2008 ITEM 4: I~EI35®N~ SI;IIEDiTI.EI7 T® ~E IIEAI2D ITEM 5: EDLE3 Y;Y7~INE~~ a. IDasenassi®xe -- Volunteer Plant Date 'sTEIi~I ®: NEeFd EUSIIdE85 a. Disetiassioxa -- Garden of the Week b. Discussi®n -- Fall Bulb Planting ITEM 7: I2EP®I2T5 a. Committee Chair b. Parks & Recreation Director c. Kenai City Council Liaison ::'E'"~ L' ~2Jm-.~°°. ~'Ser ndr: ®nYae a~.s'iva nn H:n7'e6 ITEM 9: PEI2S®NS NGT SCFIEI3LTI.EI7 TCB IiE IiEAIZZy) ITEM 3C9: INF®I2MP.TI®N a. City Council Action Agendas of April 2 and 16, 2008. b. Memorandum -- Draft Ethics Ordinance c. ~ Anchorage Daily News Article -- "4 Steps for Ending Weed Woes" ITEM 13: ADJ®I5I2NMENT PLEASE ~ t°~~°A~' X15 IE' U ILL ~' E LE T A E TFIE E l~l~e A L -- ~3-~2~ -- ~-3692 KENAI BEAUTIFICATION COMMITTEE MEETING. MARCH 2.5, 2®08 7:0® P.M. KENAI COUNCIL CIiAMBERS AGsENDA ITEM 6: NEW BUSINESS a. Discussion -- Flowerbed Designs/Circle Planters and Boxes b. Discussion -- Volunteer Plant Date c. Discussion -- American In Bloom ITEM 7: REIyORTS a. Committee Chair b. Parks 8r, Recreation Director C. rien ai i^,if~3r ~:OLL7ICL L12=sllYZ ITEM 8: QUESTIONS AND COMMENTS ITEM 9: PERSONS NOT SCFIEDULED TO BE BEARD ITEM lm: INFORMATION a. City Council Action Agenda of March. 5, 2008. b. Parks 8v Recreation Commission Meeting Summary of January 3, 2008. c. Helen B. Brown Letter of Resignation d. 2/21/08 City Clerk Memorandum/Preparation of Commission/Committee Packets. e. Landscape/Site Plans for Review o Tract I, Baron Park 2005 Replat (Wal-Mart Real Estate Business Trust) ® FBO Subdivision GLM Addition No. 2, Lot 3A-l, Block 2 (GLM Building Addition) ® Lot A, Baron Park 2006 Replat 8v Lot 1B-4 Baron Park Lowes Access (Lotve's HIW, Inc.) Lot 9A, Block 5, General Aviation Apron Subdivision (Arctic Barnabas Ministries) I2°EIVI11: ADnT®LTYaNP/dElVT KENAI EEAUTIFICATION COMMITTEE MEETING MARCH 25, 20®S ?:®® P.M. KENAI COUNCIL CHAMI$ERS CHAIR KAY SHEARER, PRESIDING MEETING SSSMMARY ITEM 1: CALL TO ORDER & ROLL. CALL Chair Shearer called the meeting to order at approximately 7:15 p.m. Ro11 was confirmed as follows: Members present:. M. Dimmick, L. Seymour, K. Shearer, P. Baxter Members absent; S. Hatch and M. LeFebvre Others present: Parks 8v Recreation Director B. Frates ITEM 2: AGENDA APPROVAL A,:equest was made to add as Item 5-d, Discussion; Garden-of-tl'ie-ThJeek Sign. MOTION: Member Dimmick MO~7ED to approve the agenda with the addition of New Business Item 6-d, Discussion/Garden-of-the-Week Sign. Member Seymour SECONDED the motion. There were no objections. S® ORDERED. ITEM 3: APPRO~TAL OF MEETINCx SUMMARY -- January 8, 2008 MOTION: Member Baxter MOVED to approve the January 8, 2008 meeting summary as presented and Member Seymour SEC®NDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5: OLD BUSINESS 5-a. Discussioaa -- Banner Selection Discussion included: • Funds were approved for the purchase of 39 banners. • Four of the banners should include "Welcome to Kenai," six would be half-sized banners for Memorial Park: and, two "Kenai River Marathon" banners. • The remaining 27 banners would be stock designs and placed along Spur Highway and Airport Way. After a lengthy discussion, the membership recommended the purchase of one salmon banner to be placed near the clock and the "Welcome to Kenai' banners include a fish design with lettering across the top. Th.e remaining banners were to include scenes as discussed. MOTION: Member Dimmick MOVED to order 39 banners with various themes as discussed with quantities of each to be determined by Director Frates. Member Seymour SECONDED the motion. There were no objections. SO ORDERED. ITEM fs: NEW BUSINESS 6-a. Discussion -- Flowerbed Designs/Circle Planters and Boxes Frates reported the following: • Flowers for the circle planters and boxes had been ordered but consideration could still be given to adding flowers if needed. • Due to last season's poor performance, a substitute for verbena was needed. Discussion included comments as follows: • Crystal Palace lobelia and Ivy Geraniums were chosen as substitutes for verbena. • Ivy geraniums and nasturtiums should be placed in the planter boxes. • Some of the circle planters should include lobelia, poppies, flowering kale and Russel's Lupine. MOTION: Member Dimmick MOVED to make changes to boxes and circle planters as discussed and Member Baxter SECONDED the motion. There were no objections. SO ORDERED. 6-ts. Dsseussson -- Volunteer Plant Date Upon discussion, the volunteer plant date was scheduled for Saturday, June 7, 2008 from 10:00 a.m. to Noon. A request was made for an invitation to be sent to the Kenai Garden Club and notices sent to the Cooperative Extension Service. 5-c. Discussion -- America In Bloom Frates noted, at the last meeting, he requested the Committee to review ideas from other communities from information included. in that packet. He noted, with the historical cabins being relocated, there were possibilities for joint work with the local garden club: Upon discussion, the Committee recommended they listen for any other landscaping projects that may be available related to the cabin relocation project. 6-a1. Discussion -- Garden-of-the-Week Sign BEAUTIFICATIOiV COMMITTEE MARCH 25, 2008 PAGE 2 Discussion took place related to the sign and its condition. Frates reported the sign was in good condition. Discussion followed related to enhancement of the program and several ideas were generated. It was requested the issue be included on the next agenda for further discussion. ITEM 7: REPORTS 7-a. Coxnxaaittee Chair -- No report. '7-b. Parks & Recreation Director -- Frates reported the following: • A bronze plaque with names of the City Charter signators would be placed at Memorial Park. • A map of Memorial Park would be included in the next packet for banner placement discussion. 7-c. Kenai City Council Liaison -- No report. ITEM 8: QUESTIONS AND COMMENTS -- None. ITEM 9: PERSONS NOT SCHEDULED TO 13E HEARD -- None. ITEM 10: INFORMATION 10-a. City Council Action Agenda of March 5, 2008. 1®-b. Parks & Recreation Commission Meeting Summary of January 3, 2008. 10-c. Helen B. Brown. Letter of Resignation 1D-d. 2/21/08 City Clerk Memorandum/Preparation of Commission/Committee Packets. iQ-e. Landscape/Site Plans for Review • Tract ,Baron Park 2'.`1'.)."`, Kep:at t 'a Iv"fart Rezi.I i.statc Biis:ncSS Trust) • FBO Subdivision GLM Addition No. 2, Lot 3A-l, Block 2 (GLM Building Addition) • Lot A, Baron Park 2006 Replat 8v Lot IB-4 Baron Park Lowes Access (Lowe's HIW, Inc.) • Lot 9A, Block 5, General Aviation Apron Subdivision (Arctic Barnabas Ministries) ITEM 11: ADJOURNMENT There being.no further business before the Commission, the meeting adjourned at approximately 9:50 p.m. Meeting summary prepared and submitted by: Carol L. Freas, City Clerk BEAUTIFICATION COMMITTEE MARCH 25, 2008 PAGE 3 -l~'~ q. ~, sst~''id~t'~a~'~ ~,{1`~``~~t fr& ~'t~3 ~ ~~f~~ ~ ~Gt~C~~'"t°xr 'LIO Fidalg© .venue, I~eztai, Alaska 99611-7794 * y`Q~ Telephone.907-283-3692lFA~£: 907-283-3693 ~ ~~ ~';± ~ «s t;~c c~~of K~ ~~~~~» 'To: I~ezxai Beautification Corumitiee From: Robert 3. Fracas, Panics cc Recreation Director Date: May 6, 2008 RE: harden o4'the Meek Rt our last. regular meeting T s?xggested we have a discussion regarding our f'~rden of the uloek Fregram. 1 ®f particular interest is wixether or not we should change t]re name. (hie suggestion received. is to change the name to the "Cirecn Thumb Award." Unless there are other forthcoming suggestions, I world recommend the E onunittee consider this as aat option- The above name change would provide far more flexibility during evaluation time and give the evaluator(s) more latitude when selecting recipients. In other woa~ds, evaluator can take into consideration a vvell- manicured yard, beautiful garden, stumring baskets, barrel plantings, ornamental trees, etc- Furtlxermare, I spoke with Tiara Baldridge, Execzrtive Director For Ure I4enai Chamber, and she indicated they would tike to contribute by holding an end of season htacheon to honor ttte various recipients. Panics & Recreation witl still ac'tminister program throughout the season and all nominations w~iil be sent to my office for oots~szderation. Lastly, I thank we should have a discussion whether or not to enohade businesses, perhaps on an Beery other week basis. Please call me at 283-3b92 if you have any questions. Attachment ~;: ,~ AGENa~A I~ENAI CITY' COUNCIL -R~pE~ G®ULAR MEETING .... diPLCLL 2y l~vgV®® 7:®® P.lYBs I~ENAI CITY COUNCIL CEL BERS http: / /www.ci.lcenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. 'Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCIiEDULED PUBLIC COMMENTS (10 minutes) 1. Lincoln Wensley -- Caring for the Kenai Project/Saving the Dunes ITEM C: UNSCFIEDULED PUBLIC COMMENTS (3 minutes) FTEM D: REPORTS OF I~PB ASSEMBLY LEGISLATORS AND COUNCILS YTEM E: PUBLIC YiEARINGS (Testimony limited to 3 minutes per speaker.) //B~i/~i~~ 1. Ordnnance No. 2287-2008 -- Amending KMC 14.20.200 (Accessory // .~ /~~~ ryapp8. ' Structures) by 1) Adaing a Section Restricting the Use or Storage of l Z i 0 ones a Conex-Type Structures in the Central Commercial and Resident and 2) Requiring Accessory Structures be Built to Match the Primary Building on the Lot and 3) Providing for Temporary Use of Conex-Type Structures During Construction Projects and Incorporating the Existing Requirement that Accessory Structures Over 120-Square Feet Require a Building Permit. (Clerk's Note: A motion to adopt Ordinance No. 2287-2008 was offered at the Marc h 19, 2008 and the ordinance was then postponed. The motion to adopt is active.) P~-~'~ G[. 2. Ordinance No> 2289-2008 -- Increasing Estimated Revenues and Appropriations by $22,060 in the General Fund for a Library Grant. 3. ~ Ordinance No. 2290-2008 -- Amending KMC 9.10.010 to Require ,c ~ ~ ~ ~/ <,!~'Y-e/ti ~' Garbage Placed Outdoors in Designated "Bear Problem Areas" to be Kept in Garbage Containers Designated as Bear Resistant by the City of Kenai. -~~` "' 4. Ordinance No. 2291-2008 -- Amending KMC 7.32.030 Entitled, f~~/-f. "Transfers to General Fund," Such That Any Amount Transferred is Designated for Senior Citizen Programs. ,~ 5. ~ ~ Ordinance No. 2292-2008 -- Increasing Estimated Revenues and ent for t li D d P /~~~ "' ' epar m ce o Appropriations by $9,000 in the General Fun Alaska Highway Safety Office Program Participation. 6. o~ G( / ~C ( l Ordinance No. 2294-2008 -- Increasing Estimated Revenues and , ~ . ~ ~ Appropriations by $31,500 in the Congregate Housing Enterprise Fund for Transfer to the General Fund Per KMC 7.32.030. G~ _ _ , ,/~ 7. Ordinance No. 2295-2008 -- Increasing Estimated Revenues and //2e'~'~~/'~ Appropriations by $35,000 in the General Fund Shop Department for Operating Supplies. `~ 8. Ordinance No. 2296-2008 -- Increasing Estimated Revenues and F d un Appropriations by $110,000 in the General Fund and the Airport for Repairs and Maintenance at the Fire Training Center. r- p_`/ ~~ 9. " Ordinance No. 2297-2008 -- Amending KMC 1.85 (Financial Disclosure d Cit k l f ~'~'"' y er an and Conflict of Interest) by Removing the Kenai City C Attorney From the List of "Municipal Officers" in KMC 1.85.070(b) Required to Report Under the City of Kenai Financial Disclosure and Conflict of Interest Rules. e~! ~ 10. ( Resolution No. 2008-20 -- Approving Changes to the Kenai Public r ~2~~ ' Utility Regulations to Allow Customers to Suspend Service and to Not ~~'~' .Require Billing for Water and Sewer Service While Disconnected or 11. ~ Resolution No. 2008-21 -- Repealing Resolution No. 2007-72, Awarding ~ed~ a Sole Source Contract to Proeomm Alaska LLC to Equip Radio Communication Upgrades to the Kenai Public Safety Communications Center and Awarding a Sole Source Contract to Motorola Inc. in the Amount Not to Exceed $58,640.00, to Equip the Kenai Public Safety Communicafions Center with Radio Communication Upgrades. r 12. l Resolution No. 2008-22 -- Repealing Resolution No. 2007-73 Awarding X~ /' a Sole Source Contract to Procomm Alaska LLC to Equip the Kenai Emergency Operations Center With Radio Communications Upgrades and Award a Sole Source Contract to Motorola Inc. in the Amount Not to Exceed $243,000.00 to Equip the Kenai Emergency Operations Center With Radio Communications Upgrades. ,/J_ „~~ ~- 13. /T Y/ i Z.iquor License Renewal -- PROTEST/George & Amy Bowen, d/b/a Li ~ r~~ , quor. One Stop 14. *Laquos License Renewals -- • Alaskalanes, #3209/Recreational Site • George's Casino Bar, #204/Beverage Dispensary • Charlotte's #4439/Restaurant/Eating Place -Public Convenience • Kenai Landing #4355/Beverage Dispensary -Tourism/Seasonal ITI+`Ni F: idIINTJI'ILS 1. *Regular Meeting of March 5, 2008. 2. *Regular Meeting of March 19, 2008. I'I°E1VI ta: iINFINISFI~IJ ~YISINFSS I'd'EI~ H: NEi~T ~USINItrsS y,/~,c~ 1. Bills to be Ratified ~~°-h~~~ ~ 2. Approval of Purchase Orders Exceeding c 15,000 ~~ 3. *®rdinance No. 2298-2008 -- Increasing Estimated Revenues and Appropriations by $26G,000 in the General Fund to Purchase Airport Land in the Area of the Public Safety Building. 4. *Ordinance No. 2299-2008 -- Amending KMC 14.20.200(x)(2} to Increase the Size of Accessory Structures Allowed in Setback Areas From One Hundred and 'Itventy (120) Square Feet to Two Hundred (200j Square Feet With No Side or End. of the Accessory Structure Longer than Sixteen (16) Feet Unless the Building Official Grants a Waiver for Good Cause, to Define One (lj Story Height, and to Increase the Distance From the Adjoining Lot. I"'"~IS~ I: ~r~rt~rrlcclrpN~.Cagwl~a~~u- asHas~ass~sc .o..a. 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks 8v Recreation Commission 6. Planning 8v Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini-Grant Steering Committee I'I°EItR J: IMP®R1` ®F THE Nd~Y'®IZ I2`E1Vi I{: .~I)NIINISTI'I'I®N I2EFC3I2'~S City Manager Attorney 3. City Clerk ITEM I.: DISCUSS%®N 1. Citizens (five minutes) 2. Council ITEM IJd PENDINC'r LECxISLATICN (This item lists legislation which will be addressed at a later date as noted.) EXECUTIVN SESSI®N -- None Scheduled ITE1l~I NI: 4D,BDUItNIVIENT AGENI3A I~ENAI CITY COUNCIL -REGULAR MEETING .~PRYL 16, 2008 7:00 P.M. I~ENAF CITY COUNCIL, CHAMBE h ttp: / / www. ci. kenai. ak.u s p10RK SESSION -- Alaska Permanent Capital Management/Airport ~~ ~ Permanent Fund Investment Options Isegins at 8:00 p.m. ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *Ail items listed with an asterisk (*j are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC C®MMENTS (10 minutes) Jennifer Beckraxann, Executive Director, Central Area Rural Transit System, Inc. (CARTS) -- Appropriation Request. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) ~~~~ GC 1. 'Ordinance No. 2298-2008 -- Increasing Estimated Revenues and Appropriations by $260,000 in the General Fund to Purchase Airport Land. in the Area of the Public Safety Building. Ordinance No. 2299-2008 -- Amending KMC 14.20.200(a)(2) to Increase the Size of Accessory Structures Allowed in Setback Areas From One Hundred and Twenty (120) Square Feet to Two Hundred (200) Square Feet With No Side or End of the Accessory Structure Longer than Sixteen (16) Feet unless the Building Official Gra~its a Waiver for Good Cause, to Define One (1) Story Height, and to Increase the Distance From the Adjoining Lot. a. Sutastitute ordinance Nom. 2299-2008 -- Amending KIvIC /'~'~~ 14.20.200(a)(2) to Increase the Size of Accessory Structures Allowed in Setback Areas From One Hundred and Twenty (120) Square Feet to Two Hundred (200) Square Feet With No Side or End of the Accessory Structure Longer Than. Sixteen (16) Feet Unless the Building Official Grants a Waiver for Good Cause, to Increase the Distance From the Adjoining Lot, and to Change the Building Permit Requirement for Residential Accessory Structures From Over One Hundred Twenty (120) Square Feet to Over Two Hundred (200) Square Feet. ITEM F: MINUTES L *Regular Meeting of April 2, 2008. ITEM ~: UNFIISISdiED BUSINESS ITEM I~I: NEW BUSINESS /6-G`c'~ 1. B11s to be Ratified /~j~^~~ 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordsnance No. 2300-2008 -- Donating Certain Foreclosed City-Owned Properties Described as Lots 1 - 5, Block 10, Mommsens Subdivision Replat of Addn. 1 Sv 2 (Parcels 039-103-01 Through 039-103-OS), to Amundsen Educational Center for Construction of Housing. 4. *®rdinance No. 2301-2008 -- Amending KMC 23.50.010(b} by Adding Two Class Titles to the Employee Classification Plan and Amending KMC rl'J -C n7(~ r1..1/t1 rtti..- ~i, -~ P i;rtn nl,; -f .,, 4. G`t;..; L.1 r ,.7.,,,„ GJ.JJ.VJV~lll~ll t0 ,-,~.,,w uiv, Cl1llJli ~uiv;t w ve uu~iuae tGr Auvcuace Certification Pay. 5. *Ordinance No. 2302-2008 -- Adopting Updated Zoning and Land Use Maps for the Comprehensive Plan for the City of Kenai. ~Pi't1`/f~ 6. Approval -- Amendment to Lease -- Lots 13 and 14, Block 1, Cook Inlet Industrial Air Park/David Schilling and Michael Schilling d/b/a Schilling Rentals. r~/~ 7. ,Approval -- Consent to Sublease/Portion of Lot 1, Block 1, Gusty Subdivision -- From Sun Sims to Dwight Davis. Gl~-~~'~°""'eY .s/r/off S. 13iscussion -- Scheduling of City Attorney, City Clerk and City Manager ~,<rJaa~r"' ~%?%B Evaluations. _" /~ ~ C/i~^~= o,G c~a.~i~ :! e~rec-ti~~ Gc.~i`,c = hammy a/ z~ _ ao~ ~Ztrn ~' ITEM I: C®MMISSION/C®MMITTEE I2E49®RTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. ,Planning 8s Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini-Grant Steering Committee ITEM J: REP®RT fBF THE MAI'OR ITEM IIs: ADMINISTRATI®N REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSI®N 1. Citizens (five minutes) 2. Council TTEM M: PENDING LEGISLATION (This item lists Legislation. which will be addressed at a later date as noted.} ®re4ananee N®. 2287-2008 -- Amending KMC 14.20.200 (Accessory Structures) by 1) Adding a Section Restricting the Use or Storage of Conex-Type Structures in the Central Commercial and Residential Zones and 2) Requiring Accessory Structures be Built to Match the Primary Building on the Lot and 3) Providing for Temporary Use of Conex-Type Structures During Construction Projects and Incorporating the Existing n r ., ,. Requirement s_nat Rcressory structures Aver 1.20-Square reel Require a Buvamg Permit. (Clerk's Note: A motion to adopt Ordinance No. 2287-2008 was offered at the March 19, 2008 and the ordinance was then postponed. At the 4/2/ 08 council meeting, the ordinance was sent back to the Planning & Zoning Commission for additional review/recommendation and postponed until the May 7, 2008 council meeting for further council consideration. The motion to adopt is active.) EXECUTI~7E SESSI®N -- None Scheduled ITEM N: ADJ®URNMENT 0 ~t,~~ 210 Fidafgo Avenue, l~enai, Alaska ~3961'f-7794 _-~~'r „- ~~~ TelepY7one: (907) 283-75351 Fax: (907) 283-301~+~ ~,; ~:. wwvv.ci.kenai.ak.us FROM: Carol L. Freas, City Cler ~ / ~ ~/` DATE: ,May 1, 2008 RE: E)I2AFT ~4`FiI~S ®IidDIIVANC~ Attached is a copy of a draft ordinance to amend the ethics rules for elected and appointed officials and city employees. Because the ordinance would apply to members of City commissions, committees, and boards, we would like your input. Please review the ordinance and if you have any questions or comments, please contact City Attorney Cary Graves at 283-8224 or through his email: cgraves@ci.lcenai. ak. u s Thank you in advance for your assistance. Suggested by: Councilor Swarner ~I1'Y ®F` I~iarAI AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE ETHICS RULES FOR ELECTED AND APPOINTED OFFICIALS AND CITY EMPLOYEES BY AMENDING THE EXISTING KMC 1.85.060 and 070. WHEREAS, KMC 1.85.060 (Conflicts of interest prohibited) currently regulates conduct of elected and appointed officials and city employees; and, WHEREAS, properly functioning municipal government requires ethical behavior by public officials and employees; and, WHEREAS, reasonable standards of conduct are needed for elected and appointed public officials and city employees in order to maintau7 the public's trust in municipal government; and, WHEREAS, the current conflict of interest rules need to be replaced by a more comprehensive set of guidelines for council and commission members and city employees; and, WHEREAS, it is in the best interest of the City of Kenai to amend KMC 1.85.060 and .070. NOW, THEREFORE, BE IT ORDAINED SY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 1.85.060 and .070 is amended as follows: i .85.060 Conflicts of interest prohibited. (a) A municipal officer, appointed commission. member, or employee of the City of Kenai may not solicit or receive money for advice or assistance given in the course of their official duties for the City of Kenai. (b) A municipal officer, appointed commission member, or employee of the City of Kenai may not represent a client before the City Council for a fee. (c) A municipal officer, appointed commission member, or employee of the City of Kenai may not accept a gift, loan, gratuity, or other valuable considerafion, or a promise of any of them, with the understanding or agreement, expressed or implied, that he/she will cast a vote or given. an opinion, decision, or judgment in a particular manner, in a matter; question, cause, or proceeding which then is or may by law come or be brought before him, or with the understanding or agreement that the officer or employee will, in his/her official capacity, act in a particular manner to produce or prevent a particular result. DRAFT ETHICS ORDINANCE PAGE 2 OF 4 (d) No Council or Commission. Member may vote on any question. in which he she has a substantial direct or indirect financial [PECUNIARY] interest. Direct. or indirect financial [PECUNIARY] .interests shall be disclosed to the presiding officer prior to a vote on the question and the presiding officer sha7.l determine whether the financial interest exists and whether the prohibition from voting is applicable. A decision by the presiding officer may be overridden by a unanimous vote of the members present, exclusive, of the member presenting the possible conflict. f 1j Whether the direct or indirect financial interest is substantial shall be determined by the presiding officer on a case-bv-case basis, with evaluation of these factors: (i) Whether the financial interest is a substantial part of the consideration; (ii) Whether the financial interest directly and substantially varies with the outcome of the official action (iii) Whether the financial interest is immediate and known or conjectural (iv) Whether the financial or private interest is significant monetarily; (v) Other factors deemed appropriate by the presiding officer under the specifics of the disclosure and the nature of the action taken before the council or commission. (~ A municipal officer, commission member or employee of the City of Kenai may not use. or Hermit others to use. any property owned by the city for profit or personal use or benefit except (1) When available to the public generally, or to a class of residents, on the same terms and conditions.; (2) When permitted by written personnel policies approved by the City of Kenai (3j When in the conduct of official business, used in a relatively minor way for personal convenience. j~f A municipal officer, commissioner or employee of the City of Kenai shall not take or participate in official action on matters, other than minor or routine issues, affecting a former employer for a period one year from the date of termination of the prior employrnent. (g1 A municipal officer commissioner or employee of the City of Kenai who leaves municipal service may not for one year after leaving municipal service, represent, advise or assist a person for compensation regarding a matter that was under consideration by the city if the person participated personally and substantially in the matter through the exercise of official action. This restriction on employment after leaving municipal service does not prohibit the city from contracting with a former city employee commissioner or municipal officer on a matter on behalf of the city. The City Council may waive application of this restriction upon determination that a proposed action is not adverse to the public interest DRAFT ETHICS ORDINANCE PAGE 3 OF 4 fhl A municipal officer, commissioner or employee of the City of Kenai is prohibited from bidding upon or otherwise obtaining any property which is unneeded or surplused by the city unless that person can satisfactorily demonstrate to the City Manager, or city council if the person is a City Manager or Council Member that no reasonable conclusion could be made that the person. possessed knowledge about the property which would not be readily obtainable or observable to a member of th.e general. public. ll A current or formal municipal officer, commissioner or employee may not disclose or use information Gained in the course of, or by reason of, the person's official duties that could reasonably result in the receipt of any substantial personal. or substantial financial benefit for the person or his/her immediate family member unless the information has also been disseminated to the public. A current or formal municipal officer, commissioner or employee may not use or disclose with appropriate authorization, information acquired. in the course of official duties that is confidential. 11~ If any section or provision of this ordinance is held to be contrary to law by a court of competent jurisdiction or by action of the Alaska State Legislature, that section or provision shall be deemed invalid. All other sections and provisions of this ordinance shall continue in full force and effect. 11 The City Clerk shall cause a copy of this section to be distributed to every municipal officer, commissioner and employee of the City of Kenai within thirty days after its enactment. Each municipal officer, commissioner and employee elected. appointed or engaged thereafter shall be furnished a copy before entering into the duties oi` his/her ofnce or employment. 1.85.070 Definitions as used in this chapter. (a) "Municipal Officer" means the Mayor, City Manager, Members of Council, City Attorney and City Clerk. (b} "Source of Income" means an employer, other person, or entity paying compensation, dividends, or interest, directly or indirectly, for sen%ices, products, or investments. If the income being reported is derived from employment by a sole proprietorship, partnership, or corporation in which the reporting person, spouse, or children, or a combination of them hold a controlling interest, that proprietorship, partnership, or corporation may be designated as the source of income without specifying clients or customers if the business is one that is normally conducted on a cash basis and typically does not keep records of individual customers. In all other cases, the clients or customers of the proprietorship, partnership or corporation shall be listed as sources of income of the person whose income is being reported, the spouse, children; or a combination of them holding a controlling interest. DRAFT ETHICS ORDINANCE PAGE 4 OF 4 f cj "Financial interest" means the receipt of financial benefit or the expectation of receiving financial benefit A financial interest includes a financial interest of any member of the person's household A person has a fina~~cial interest in an organization if he/she has an ownership interest in the organization, is a director, officer or employee of the organization or has the organization. A financial interest also includes appearance as an attorney or a party plaintiff or defendant or as a real party in interest in any lawsuit master's hearing or other legal proceeding in which the city is a party plaintiff or defendant or otherwise has a direct nlterest. A financial interest does not include (i) an affiliation with an organization solely as a volunteer, club member or the like or (ii) a personal or financial interest of a type which is generally shared in common with the public or a large class of citizens. fd] "Household" includes anyone whose primary residence is in the employee's, commissioner's or municipal officer's home including non-relatives. PASSES SY THE COvNCiL OF Tl-TiE CITY OF IiENAI, ALASY~A, this ._ day 6f 2008. PAT PORTER, MAYOR ATTEST: Caroi L. Freas, City Cierix Introduced: *, 2008 Adopted: 'h, 2008 Effective: *, 2008 Cu4iP Iris: ti~~e - Ht dACCrQ ~r e Wip13 afBd gahh"d lefY@ !7f ,~i' VUC°iV the A lxc§Pdi dSive$ event L€twei nget state ipte s~ thong years. FitAN DE Aga/oqa tTq' Ftlr9,t4.Yd +u"fi.Siatl'kLdl fdi.irnerCeedn.cc~~n axaracrr wrstet I ee Rvtch started his key- trttespe ah `P/ky'i>urrdlessGatden,"atllie I era t;t^i~lmcai G rrden atwual meeting last „e e r wits w hornage" to wends. "Weeds cover and protect Cl'rc soil and im- s,r uve it: and make it more fertile," he said. theu7lse quipped, "C7K, that's enough. Now t s ~ geY. un of them!' =,crrt: nd "C nnnLgoingtoi:allc ra~A,-, ~ ~iuun ~ r u~u~. .~.._ ®13..9;1 Y n ~ ss 6 u ~rurr but abouC nvgat•d<nl,hrttsfr-eeofweedprob- ~'~ it tns " 1Vr mw vr-ars Igo he started to a o m `utha'•poushowwegottotheplace rat F+~ `tr•z e'vstlt ut~rrds. Wt,ed problems start with t~se p(crv/, -tic hoe and Che rol',otiller, he says. vr'-'~' gm'de~,n has weed seeds just waiting for r h C sn tha y can germinate. IP.very time you ~ urn over Lhe soil, you bring new seeds to the st r rte, wfr~re they can germinate. F +sec{ to r csearclr Retch has done over u~ yr zrs C .,ornell Unrversity and in his own ~t s r Y ?r'rf, s.c has come up with a fom°-part sys- s ~r u f o redsste and get nd o;weeds in•your•gar- lw s t Qilaa~nooai ril9age Never l:w°n over the on 'dI st i eds r i°oots humus and air as°e in sr lop di lninrs ot'soii. t/Vhen not dishrrbed, a sl Lurlds u17 t n thu•al sh uctt.rre with large rd sin sit' l o es' that pull water toward the ~t ~,liin„ Phc soil horns up orgatu matter s ^e i!y. 't'oss can plant earlier and use less wa- tra bt nut hllrng. Isr fgnat~ perrae anen¢ az•eas Cor wa-ic- ~' rtrrd fxtar¢¢eng'. You don t need r zused beds try do (hrs. lzetch shnwed pictures of his own s rc'~y j'd gas n&n which had neat wood-chip- a ~:~~ ' ~~u _ T imow s};rirrg; is here when r°eadecs tell me theirplants are all of a sudden doing nwci~ bettes:lVfoti~ser Nature may tease us from day to day, but Father Time is advancing the hours of daylight witlsoul: fail. I-Yonseplants, not to mention outdoor spring bulbs, are teH- ing us ChaC sI>ring is here, Well; it's an Alaska ver- sion of spru7g. We htave warns daysand nastt/ones, but still there are garden chores Cc ac- complish. Planting out is or.iy abou0sixweeirs away. I doubt utatly f)utside gar- ;;; .ieners need i'a be renLnd sdotonestsre.tii,t o`sp~rrr . vehaschere lhebe,~sate ap and hungry at;d iooleng _ -- - ~~ ,orsunRower-seedi'h= covered walkways and rows of lush, ground- levelgarden beds, Reich advises packing the beds fttll so the weeds can't get in. 3. C£eep art inch or so of weed-&~ee ot•gan maCCer, such as compost, on top of the garden beds to suffocate weed seeds so they won'C ge, urinate. Compost is great as a match because iC benefits the plants and the microbes in the soil and replenishes the humus. Bare soil is al so susceptible to poundmgrain~ rho g `~=Pdl seai Gee soil surface so water runs of I ~~ and not into the garden beds. 4. Ilse drip irrigaCimt Cor areas c o m i that need regular waterfrt~,,, deliv- K o i e r eying the water directly Co the plants. Areas that aren'C watered will not grow weeds. Automating the system saves you time and water Reich starts a garden by layerixrgwet news- paperover the plot, shoveling a few inches of compost over tyre wet newspaper and tueh- ing theplants rightin, large ones Chrough the newspaper and small ones on top. Voila! In- stantgarden!'I'tregrass wit(breakdown wsder the newspaper and return nitrogen to the soil, and the newspaper will compost as well. 'I'o maintain his garden, Reich often replen- ishes Che weed-free mulch with compost. ITe tdso is conscientious about cleanup throughout the sununer and pulls whenever he spots an invadee.Iie uses soybean meal-his all-pw~~- pose fey tttizer - only in the fall when plants need extra fertility, and only in the vegetable garden. Reich is the author of "Weedless Garden- ing," "Uncommon fruits for Every Garden" and "The Pruning Book." Fran Darner writes the Talk Dlrt to Me 61og at adn.rom/talkdirt. i edbird feeder. TL is hone tD take dowe t•,; r thosefeedersxndputlei';over ~, seed in a bear-proof locatror . AndTampreLb,curemvzt it ~„ c s Outstdegardentraar2not , ~,r ~; concerned I:hal i'1 ut(skydd , whrch keeps rnoosc off t:recs _ and shrubs duringwiuter , should be reapplied now br cause ur apph<ation lands only „, ~ _ t S..f ru~trtilb. 1f JOn h ivP.n't 1 f„ f Plantslydd, you n ry want tc ~ now to keep mouse away horn ,N ,. , , _, tasty buds. • Thts rs also Lne tune ofyear ~ whentLe,reisenough deyhghL . u thaCsupplemetuallightsatc , s.u1 not needed to grow seedlings pu,. , indoors for usetnyourcut- door garden- i _ u.tiiss prov ded you have good light: from a south ivs~.. pni; v facing windowt?bvionsly,it tr,t>>}; still makes sense to use lights r ul;,,, if you have them , . Tempec•aturc rs important m is , e iV2ostofwhaf:wegtowhere Qo,v will do better if kept cool af- azce.( i ut~ ,. ter ge. urination (v, prep hxp~ ~ , , . pens snorter rf a heated "seec+ • r s ,i ,', ger nnn 3tion mat n u ,ell. Tomatoes, melon, and h•o t r cal plants are the, ~ eelatiop, ~, Is ,.at huCahnostailofhietradition bsrsl;sr al annuals we grow do best at soto•, ~; 50 to ~,, de6rees t alhu hl>an T a ;, house comfortab[s Gb Ca 7d d o T nis , green inq li i ' ' I omalnt s should La right ' • at the tnp or tyre hs for st<rrC- , , . i r ~, ~ ~. s irrgrrow,bul.onlysryouhave pkciete