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2008-06-18 Council Packet
AGENDA ENAI CITY COU NCIL -REGULAR MEETING %~~.. JUNE 18, 2008 7:00 P.M. ,-, KENAI CITY COUNCIL CHAMBERS xexni.atnsxn httpYlwww ci.kenai.ak.us U ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1 Roy & Janine Espy -- CeII Phone Tower Concerns. ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2318-2008 -- Increasing Estimated Revenues and Appropriations by $501,632 in the Urea Storage Building Fund for Construction. 2. Ordinance No. 2399-2008 -- Amending the Ethics Rules for Elected and Appointed Officials and City Employees by Amending the Existing KMC 1.85.060 and 070. 3. Ordinance No. 2320-2008 -- Amending KMC 1.90.030 to Permit Appointment of Up to Two Members to Certain Advisory Boards, Commissions or Committees Who are Non-Residents of the City of Kenai Providing They Work at Least One-half Time Within the City. 4. Ordinance No. 2324-2008 -- 1) Amending KMC 13.20.030 to Prohibit Trespass in Posted Environmentally Sensitive Areas in a Portion of the South Shore of the Kenai Beach; 2) and Declaring an Emergency; and 3) Amending the City's Fine Schedule in KMC 13.10.015 by Adding a New Subsection 70 Providing fora $500 Fine for a Violation. a. Motion for Introduction b. Motion for Second Reading (Requires a Unanimous Vote) c. Motion for Adoption (Requires Five Affirmative Votes) 5 Resolution No. 2008-35 -- Approving a Contract to Sterchi Construction for the Project Entitled Kenai Municipal Airport Urea Storage Building - 2008 for the Total Amount of $375,713.00. 6. Resolution No. 2008-36 -- Approving a Contract to Holden Company for the Projecf Entitled Kenai Public Safety Garage - 2008 for the Total Amount of $165,368 Which Includes the Basic Bid and Additive Alternates No. 1 and No. 2. 7. Resolution No. 2008-37 -- Setting the Public Hearing Date on the Proposed Ames Road South LID Special Assessment District. 8. Resolution No. 2008-38 -- Recognizing Harold and Rita Daubenspeck for Their Support and Dedication to the Growth and Development of City of Kenai Parks and Recreation Opportunities. 9. Resolution No. 2008-39 -- Strongly Supporting the Upgrade and Improvement of Miles 45-60 of the Sterling Highway and Miles 18-26 of the Seward Highway. 10. 'Renewal of Liquor Licenses -- Restauranf/Eatina Place Katina's Greek & Italian Restaurant, #4533. New Peking Chinese Restaurant, #3239. • Pizza Hut #9, #2596. Winerv Matson Winery 8 Supply, #4676. ITEM G: UNFINISHED BUSINESS --None ITEM H: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. 'Ordinance No. 2321-2008 -- Increasing Estimated Revenues and Appropriations by $250,000 in the Library Expansion Capital Project Fund and $750,000 in the Street and Sewer Capital Project Fund for Public Improvements. 4. 'Ordinance No. 2322-2008 -- Placing on the Ballot for the Next General Election the Question As to Whether the Municipal Officers of the City of Kenai Should be Exempt From the Provisions of the State of Alaska Financial Disclosure Statutes (AS 39.50). 5. 'Ordinance No. 2323-2008 --Amending KMC 1.85 by: 1) Updating the Financial Reporting Requirements far Municipal Offcers and Candidates Contained in KMC 1,85.020; and, 2) Including the Members of the Planning and Zoning Commission in the Definition of "Municipal Officer in KMC 1.85.070; and, Including Stockbrokers and Financial Advisors in the List of Professionals Subject to Modified Requirements in KMC 1.85.030. 6. 'Ordinance No. 2325-2008 -- Amending the Code Violation Fine Schedule in KMC 13.10.015 to Include a Standard Fine of $500 for Trespass in Violation of KMC 3.20.010. 7. Approval --Change Order No. 1, Thompson Park LID - 2008. 8. Approval -- Setting Clerk, City Attorney and City Manager Salaries. EXECUTIVE SESSION -- None Scheduled. '. ITEM N: ADJOURNMENT ''... The public is invited to attend and participate. Additional information is '~ available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at http:!lwww.ci.kenai.ak.us. Carol L Freas, City Clerk D1211 JUNE 18, zoos REGULAR COUNCIL MEETING REQUESTED ADDITIONSICHANGES TO THE PACKET ITEM REQUESTED BY: ADD TO: Ordinance No. 2324-2008 (Item E-4) -- Appendix IV -- Item was omitted in the packet. CYTY CLERK SUBSTITUTE: H-2, Purchase Orders Exceeding $15,000 -- Added Item, Purchase order to Kidde in the amount of $55,000 added. FINANCE CONSENT AGENDA 0 ~, a S ii O Z W W J_ U Z O U ~,! 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LL.I Z_ N W 'e W J U Z O U ~ ` z' w } ~ z o 0, ~ ~ ~ 0 0 0 p ~ cn cn w ~ ~ m a zW~~ z o SQ¢am-i}~ p~~~0000 ~'c4mw~~ma >I ~I:; ~1; w W (~ ~ ~ J ~ ~ ~ J Q Q ~ (n J } (n(AW~'cLm >i: ~I_ wWw r ~~~~0 QQ tA~ ~~~00 to (q W CL ~ _l >' ~ '" Z'w~U' Z ~ Z~J~~O~w =QQ ~Cn -~1-~ 0~~~0000 ~.:CnCn W ~~m~ :1 TESTIMONY SIGN-IN SHEET t~,e~~~' G~,, ~`,~P%~ NAME ORGANYZATION RESIDENCE ADDRESS/ PHONE NUMBER ~ IF CYTY RESIDENT r° ~3d~ a v~ ~;s"` 6-- ~ ""~ `"f,4~-. ~~ C,:~ -~ ~_ ~~E,~ ~~1~~~ U~, June 11, 2008' Kenai City Council Members 210 Fidatgo Street ~E~EI~/~~ au~ ~ ~ zaoa Kenai , AK 99611 Dear Kenai City Council Members, CC~PI~~ ~I'i'Y CLERK W e live at 403 McCollum Drive and are currently having an unexpected and unpleasant battle that we would like to bring to your attention in order to ask for your help and to encourage the Council to make a plan for this situation for our other Kenai residential neighborhoods. Alaska Digital signed an agreement with the Kenai Grace Brethren Church to allow Alaska Digital to lease a portion of the church property in order to build and sustain a 120 foot cell tower. We live directly across McCollum Drive from the church, and within 300 feet from the proposed cell tower site. We did not figure out what was being built until about the same time the City of Kenai became aware of the tower as it was under construction and stopped the process as the appropriate permits had not been requested and granted. We are currently following and participating in the process as Alaska Digital has requested a height allowance variance from the Kenai planning and zoning commission. The first variance request for 120 feet was denied at a meeting after many of our neighbors and we testified against the variance. Now, Alaska Digital has submitted a request for variance on an 80 foot tower, of which we are also not in favor of. We plan to attend the next planning and zoning meeting on June 25 to again testify. This morning the pastor of Kenai Grace Brethren Church came and knocked on our door to let us know that Alaska Digital was sending down equipment to run some tests to determine if it would be feasible to put in a 35 foot tower. The pastor again apologized to us saying the church no longer wanted to be involved with leasing their property to Alaska Digital but didn't know what else to do. The pastor, Al Kidder told us again that when the processes began, he told Alaska Digital, "You are the experts and you know what needs to be done and what you are doing so you need to go door to door and explain it to tha neighbors". He indicated that Alaska Digital agreed to take the responsibility before any construction began. He was shocked to find out that none of the neighbors had been informed until the planning and zoning hearing was scheduled. They want to be pact of the community in a good way, not stirring up controversy. We feel Alaska Digital has taken advantage of a church, by not following the correct due process and not following through with informing the neighborhood of what they were doing until they had aheady spent quite a bit of money on this site and don't want to back out of it. Is there anything Uie City of Kenai can do to help remedy this situation? Also, with what we are experiencing we would like to encourage the City of Kenai to come up with a Cell Tower Moratorium. We are all for progress and technology but what has and is happening to us in the name o~f progress is not right. We believe there are appropriate places for cell towers within the City of Kenai but ballying their way into residential neighborhoods is not the way to establish this progress. It seems prudent that prospective cell phone tower sites can be predestinated which goes along with good smart planning as well as happy neighborhoods that don't have to fight bullying. Thank you for your time and attention to this matter. W e love living in this 'fair city and participating in its well being. Sincerely, Roy & Janine Espy 403 McCollum Drive Kenai, Alaska 99611 283-5621 AGENDA KENAI CITY COUNCIL -REGULAR MEETING JUNE 18, 2008 ?:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.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: SCHEDULED PUBLIC COMMENTS (10 minutes) Roy & Janine Espy -- Cell Phone Tower Concerns ......................................... 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.) 1. Ordinance No. 2318-2008 -- Increasing Estimated Revenues and AppropriaL~ons by $501,532 in the Urea Storage Building ~ar_d for Corstruction .................................................................................................. 2. Ordinance No. 2319-2008 -- Amending the Ethics Rules for Elected and Appointed Officials and City Employees by Amending the Existing KMC 1.85.060 and 070 ........................................................................................... 4 Ordinance No. 2320-2008 -- Amending KMC 1.90.030 to Permit Appointment of Up to Two Members to Certain Advisory Boards, Commissions or Committees Who are Non-Residents of the City of Kenai Providing They Work at Least One- Half Time Within the City ................................................................................ 14 4. Ordinance No. 2324-2008 -- 1) Amending KMC 13.20.030 to Prohibit Trespass in Posted Environmentally Sensitive Areas in a Portion of the South Shore of the Kenai Beach; 2) and Declaring an Emergency; and 3) Amending the City's Fine Schedule in KMC 13.10.015 by Adding a New Subsection 70 Providing for a X500 Fine for a Violation. a. Motion for Introduction b. Motion for Second Reading (Requires a Unanimous Vote) c. Motion for Adoption (Requires Five Affirmative Votes) 16 5. Resolution No. 2008-35 -- Approving a Contract to Sterchi Construction for the Project Entitled Kenai Municipal Airport Urea Storage Building - 2008 for the Total Amount of $375,713.00 .................................................................... 19 6. Resolution No. 2008-36 -- Approving a Contract to Holden Company for the Project Entitled Kenai Public Safety'Garage - 2008 for the Total Amount of $165,368 Which Includes the Basic Bid and Additive Alternates No. 1 and No. 2 ................................................................................................................... 20 7. Resolution No. 2008-37 -- Setting the Public Hearing Date on the Proposed Ames Road South LID Special Assessment District ........................................... 24 8. Resolution No. 2008-38 -- Recognizing Harold and Rita Daubenspeck for Their Support and Dedication to the Growth and Development of City of Kenai Parks and Recreation Opportunities ................................................................ 28 9. Resolution No. 2008-39 -- Strongly Supporting the Upgrade and Improvement of Miles 45-60 of the Sterling Highway and Miles 18-26 of the Seward Highway. 32 10. *Renewafl of Liquor Licenses -- Restaurant/Eating Place • Katina's Greek 8v Italian Restaurant, #4533.. • New Peking Chinese Restaurant, #3239. • Pizza Hut #9, #2596. Winery • Matson Winery 8v Supply, #4676. 35 ITEM F: MINUTES 1. *Regular Meeting of June 4, 2008 .................................................................... 37 ITEM G: ITEM Ii: NEW BUSINESS 1. Bills to be Ratified ......................................................................................... 55 2. Approval of Purchase Orders Exceeding $15,000 ............................................. 56 3. *Ordinance No. 2321-2008 -- Increasing Estimated Revenues and Appropriations by $250,000 in the Library Expansion Capital Project Fund and $750,000 in the Street and Sewer Capital Project Fund for Public Improvements ............................................................................................... 62 4. *Ordixcance No. 2322-2008 -- Placing on the Ballot for the Next General Election the Question As to Whether the Municipal Officers of the City of Kenai Should be Exempt From the Provisions of the State of Alaska Financial Disclosure Statutes (AS 39.50) ....................................................................... 65 5. *Ordinance No. 2323-2008 -- Amending KMC 1.85 by: 1) Updating the Financial Reporting Requirements for Municipal Officers and Candidates Contained in KMC 1.85.020; and, 2) Including the Members of the Planning and Zoning Commission in the Definition of "Municipal Officer in KMC 1.85.070; and, Including Stockbrokers and Financial Advisors in the List of Professionals Subject to Modified Requirements in KMC 1.85.030 .................... 68 6. *Ordinance No. 2325-2008 -- Amending the Code Violation Fine Schedule in KMC 13.10.015 to Include a Standard Fine of ~w500 for Trespass in Violation of KMC 3.20.010 ............................................................................................... 90 7. Approval -- Change Order No. 1, Thompson Park LID - 2008 ........................... 96 8. Approval -- Setting Clerk, City Attorney and City Manager Salaries .................. -- ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission ................................................. ....................................... 111 3. Harbor Commission ................................................ ....................................... 115 4. Library Commission ................................................ ....................................... 119 5. Parks $s Recreation Commission .............................. ....................................... -- 6. Planning & Zoning Commission ............................... ....................................... 123 7. Miscellaneous Commissions and Committees a. Beautification Committee .................................... ....................................... -- b. Alaska Municipal League Report .......................... .................... .................. -- c. Mini-Grant Steering Committee ........................... ....................................... 131 ITEM J: REPORT OF THE MAYOR ................. ....................................... 136 ITEM K: ADMINISTRATION REPORTS I. City Manager .......................................................... ....................................... I39 2. ........ City Attorney .................................................. ....................................... -- 3. City Clerk ............................................................... ....................................... 153 ITEM L: 1. Citizeris (Five minutes) 2. Council ITEM M: PENDING LEGISLATION (Items listed below are legislation which will be addressed at a later date as noted and are not action items for this meeting.) Ordaxsance No. 2314-2008 -- Enacting KMC 23.55.080 Providing for Longevity Pay of Two Percent (2%) for Certain Employees in Step CC in the City of Kenai Salary Schedule. (Postponed on June 4, 2008 to August 6, 2008.) EXECUTIVE SESSION -- None Scheduled. ITEM N: ****xx***xa:r~****~**t*tx~********~x*x***********:t****~~x****~r*~x*:rx***t*~**~****:r********x**** INFORMATION ITEMS JUNE 18, 2008 Page No. 1. 6/6/2008 Purchase Orders Between $2,500 and $15,000 for council review ............................................................................................................ 157 2. 6/6/08 HDR letter related to Lower Kasilof Boat Launch Site Investigation Project/request for comments ......................................................................... 158 3. 6/ 10/08 City of Kenai Dock Rate Schedule ...................................................... 159 4. 6/ 17/08 Kenai Peninsula Borough Assembly Agenda ....................................... 160 .Tune 11, 2008 Kenai Ci,ry Council Members EtE~EIi/~~ 210 Fidalgo Street Kenai . AK 99G 11 Dear Kenai City Council Members, JUhi i 2 2006 E6EIVAii ~' ~LERM~ We live at 403 MoCollum Drive and are currently having an unexpected aztd unpleasant battle that we would. like to bring to your attention in order to ask for your help and to encourage the Council to make a plan for this situation for our other Kenai residential neighborhoods. Alaska Digital signed an agreement with the Kenai Grace Brethren Church xo allow Alaska Digital to lease a portion of the church. property in order to build and. sustain a 120 foot cell tower. We live directly across McCollum Drive from the church, and. within 300 feet from the proposed cell tower site. We did not figure out whaC was being built until about the same time the City of Kenai became aware of the tower as it was under construction and stopped the process as the appropriate permits had not been requested and granted. We are currently following and participating in the process as Alaska Digital has requested a height allowance variance from the Kenai planning and zoning commission. TTte first variance request for 1.20 feet was denied at a meeting after many of our neighbors and we testified. against the variance. Now, Alaska Digital has submitted a request for variance osan 80 foot tower, of which we are also not in favor of. We plan to attend the next planning and zoning meeting on June 25 to again testify. This morning the pastor of Kenai Grace Brethren Church came and. knocked on our door to let us know that Alaska'Digital was sending down equipment to run some tests to determine if it would be feasible to put in a 35 foot tower. The pastor again apologized to us saying the ohurch no longer wa~tted to be involved. with ]easing their property to Alaska Digital but didn't know what else to do. The pester, Al Kidder told us again that when the processes began, he told Alaska Digital, "You are the experts and. you know what needs to be done and what you are doing so you need to go door to door and explain it to the neighbors''. H,e indicated that Alaska Digital agreed to take the responsibility before any construction begazt. He was shocked to find out that none of the neighbors had been informed until. the planning aztd. zoning hearing was scheduled.. They want to be part of the community in a good way, not stirring up controversy. We fee] Alaska Digital bas taken advantage of a church, by not following the correct dus process and not following through with informing the neighborhood of what they were doing until. they had already spent quite a bit of money on this site and. don't want to back out of it. is there anything the City of Kenai can do to help remedy this situation? Also, with what we are experiencing we would like to encourage the City of Kenai to come up with a Cell Tower Moratorilun. We are all for progress and technology but what has and is happening to us in the name of progress is not right. We believe there are appropriate places for cell towers within the C'rry of Kenai but bullying their way into residential neighborhoods is not the way to establish. this progress. It seems prudent that prospective cell phone tower sites can be predestinated which goes along with good smart ptamting as we}I as happy neighborhoods that don't have to faght bullying: Thank you for your time and attention to this matter. We love living in this Fair city and participating in its well being. Sincerely, Roy & Janine Espy 403 McCollum Drive Kenai., Alaska 99511 283-5621 2 Suggested by: Administration CYTY pF I£EPIAI pRDIbIANCE NO. 2318-2pp8 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $501,632 IN THE UREA STORAGE BUILDING FUND FOR CONSTRUCTION. WHEREAS, the FAA has offered the City of Kenai a grant in the amount of $488,769 for design and construction of a urea storage building; and; WHEREAS, the FAA grant covers 95% of the total project cost of $514,494; and, WHEREAS, it is in the best interest of the City of Kenai to accept the grant for its statod purpose; and, WHEREAS, the State of Alaska is expected to cover half of the required match of 5°10; and, WHEREAS, the Airpork Fund has already transferred $70,000 to the project, which is greater than the required match. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estmated revenues and appropriations be increased as follows: Urea Storage Building Capital Proiect Fund Increase Estimated Revenues: Federal Grant $488,769 State Grant 12.863 $501,632 Increase Appropriations: Construction $501,632 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18~h day of June, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: June 4, 2008 Adopted: June 18, 2008 Effective: June 18, 2008 Approved by Finance: (OSJ20(2008) hl 3 Suggested by: Councilor Swarner CIZ"Y ~F FCENAI ORY;TIYANC~ NC3. 2314-20i~8 Ai\T 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 maintain 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. NUW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 1.85.D60 and .470 is amended as follows: 1.85.060 Conflicts of interest prohibited. (a) A municipal officer, appointed commission member, or employee of the Cxty of Kenai may not solicit or receive money for advice or assistance given in the coarse of their official duties for the City of Kenai. (bj A municipal officer, appointed commission member, or employee of the City of Kenai may not represent a cfient before the City Council for a fee. However, a (c) A municipal officer, appointed commission member, or employee of the City of Kenai may not accept a gift, loan, gratuity, or other valuable consideration, or a promise of any of them, with the understanding or agreement, expressed or implied, that hefshe 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 ar employee will, in his Jher official capacity, act in a particular manner to produce or prevent a particular result. (dJ No Council or Commission Member may vote on any quesfion 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 4 Ordinance No. 2319-008 Page 2 of 4 vole on the question and the presiding officer shall 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. u Whether the direct or indirect financial interest is substantial shall be these factors: (i) Whether the financial interest is a substantial part of the consideration; (ii) Whether the fmancial interest directly and substantiaIlv ~ (iii) Whether the financial interest is immediate and known or coniectura and dependent on factors beyond the official action: (iv) Whether the financial or private interest is si¢nificant 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. {e~ A municipal officer commission member or employee of the Citv of Kenai may not use or permit others to use any property owned by the city for profzt ar personal use or benefit, except: (1) When available to the public ¢enerallv or to a class of residents on the same terms and conditions; (2) GUhen permitted by written personnel policies approved by the City of Kenai (3) When imthe conduct of official business used in a relatively minor way far personal convenience. j~ A municipal officer commissioner or employee of the l;zty of tienaz snazz 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 employment. jg( A City employee may not participate in an official action in which he/she, or a member of hislher household has a substantial financial interest. ll A municipal officer commissioner or employee of the Citv of Kenai who leaves municipal service may not for one year after leaving municipal service, represent, advise or assist a person for compensation rsaardin~ a matter that was under 5 ll A municipal officer commissioner ar employee of the Citv of Kenai is prohibited from biddine upon or otherwise obtaining any property which is unneeded or Ordinanae No. 2319-200$ Page 3 of 4 surplused by the city unless that person can satisfactorily demonstrate to the City general public. jjj A current or former municipal officer commissioner or emplovee 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 anv 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. ll A current or formal municipal officer commissioner or emplovee may not use or disclose without appropriate authorization information acquired in the course of official duties that is confidential. 1.85.070 Definifions as used in ties chapter. (a) "Municipal Officer" means the Mayor, City Manager, Members of Council, City Attorney and City Clerk. (b) "Source of lncorne" means an employer, other person, or entity paying compensation; dividends, or interest, directly or indirectly, for services, products, or investments. Sf the income being reported is derived from employment by a sale 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 ar 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. I~1 "Financial interest" means tkxe receipt of financial benefit ar the expectation of receiving financial benefit A financial interest includes a financial interest of anv member of the person's household A person has a financial interest in an 6 If anv section or provision of this ordinance is held to be contrary to law by a court of competent iurisdictian or b~action of the Alaska State Legislature, that s°ction ar provisior shall be deemed invalid. All other sections and prov;_cions of this ordinance shall continue in full force and. effect. Ordinance No. 2319-2008 Page 4 of 4 or defendant or otherwise has a direct interest. A financial interest does not include: (i) an affiliation with an organization solely as a volunteer, club member, or the like; or (iil a personal or financial interest of a twe which is generally shared in common with the public or a large class of citizens. ll (e~ "Official action" means a recommendation, decision, approval, otherwise. PASSED BY THE COUNCIL OF THE CITY OF KENAT, ALASKA, this 18th day of June, 2008. PAT PORTER, MAYOR ATTESfi: Carol L. Freas, City Clerk Introduced: June 4, 2008 Adopted: June 18, 2008 Effective: July L8, 2008 7 CITY OF KENAI 2 t0 FInALGO AVP., KENAI, ALASKA 9REt 1.779A '~•. TELEPI30NE: 907253-7135 FAX: 90i2S3-3014 L ll 1` LZ 1 \ ~ ~ 1Pd TO: Mayor Porter and floe Kenai City Council FROM: ~~~'b Cary R. Graves, City Attorney DATE: May 2$, 2008 R)1: Ordinance No. 2319-2008 Attached is Ethics Ordinance No. 2319-2008. It has three changes from the draft tnat was in the packet on April 16, 2008. The first one is the proposed new language in KMC 1.85.060(b). In general, that subsection prohibits an employee or commissioner from representing clients in front of the Council. The change would allow a commissioner to represent clients before a commission or Che Council if it does not involve a matter that has come before the member's commission. 1-lere's an example; if a surveyor were on the Parks and Recreation Commission, he/she could. not now represent a person on a Planning and Zoning appeal to the Council/Board of Adjustment even ihough_the case has nothing to do with hislher duties as a Parks and Recreation Commissioner. 'T'his exception would allow himlher to represent a client as long as it did not involve a matter that was before the Parks and Recreation Commission. This change was made at the suggestion. of the Airport Commission. There were throe comments from Airport Commission members about the draft. Attached is an e-mail from Councilor Molloy summarizing the three comments. I did not include the other two changes because I thought they were of such a substantive nature that Council needed to make the call. The two other changes would exempt some advisory commissions from the conflict of interest rules. The second. change adds a new subsection in KMC 1.85.060(b}. It prohibits an employee taking an official action on an issue in which he/she has a substantial financsal interest. For example, it I applied for a Iease of city property I could not participate in the administrative review and processing of the Iease. The third change adds a definition of "official action" to KMC 1.85.070(e}. Since the ordinance will not have a public hearing until June 18"', there is plenty. of time for comments axed suggested changes. Comments are welcome from the Council, staff, and the g public. New eatnnzents received will be relayed to Council in the next paelcet. I would appreciate if Council would let me know ahead of June 18th of any amendments or substitutes sa I can have time to put them. dawn in writing before the public hearing. That should make the amenchnent process go smoother. On a related note, we are woriting on draft disclosure forms for the Gity if we opt aut of the state APOC reporting requirements. They will be in the packet for the 3une 18°i meeting along with a memorandum autlining what the City reporting requirements will be if there is an opt out. Please let me Iuiow if you have any comments or questions. 9 Cary Graves From: Bob Malloy [bob~o7molloyforcouncil.com) `Sent: Friday, May 09, 2008 1:33 PM To: Cary Graves Cc: Mary Bondurant; Linda Swamer; Nenry Knackstedt Subject: Airport Commissioner Comments on DrafE Ethics Ordinance Hi Cary: Some of the P.i.rport Commissioner Comments on the Draft EtT;i cs Ordinance includzd the following, 1. Consider eliminating purely Advisory Commissions from the ordinance, so ghat the ordinance applies only to Council, P & 2, and employees. 2. Alternatively, corsider tn.at not all Commissions are the same, and how does that .fact relate to the ordinance. This issue came up in the context of the discussion of th.e ordinance over fuel flowage charges. Airport Commission, by Code, has specific designated se at s, .such as rB0 Ope_.°ator. The FBO Operator (and other seats) may have a substantial direct fin.anci.al in*_erest in the outcome on that ordinance, and sa could rot vote if KMC 1.85.060 (d) was in effect, yzt the City wants them on the Commission and wan*_s their views. The change ir. the Ethics Code may require a change in the code on the composition of the Airport Commission, or. require the current cammissianers in somz of the designated seats to have to resign, unless some accommodation is made in the lzgislation. 3. There was some concern expressed thataurrent code 1.E5.060 (b) is too broad. Ar. appointed Commission member (non- P & 2) whois an engineer, for example, may need to represent a client to P & Z, then `.the client micht be involved ir. an appeal to Council. Current Code ,'wo uld disqualify that non P & Z Cammissicner from representing the client before Council for a fee. Since the appeal matter is unrelated to the appointed commissioner's duties, it was felt that (b) is too broad, Bob Ma11ay 1 1~ .~T ~` ~y, 210 Fida(go Avenue, Kenai, Adaska 99611-7794 - -~ Telephoner (907) 283-75351 Fax: (907) 283-3014 '- - - www.ci.kenai.ak.us the cf~ o f ItENA~ A ~E~Q ~~V~ TO: t Mayor Porfer arid. the Kenai City Cowieit FROM: (,~-tb Cary R. Csraves, City Attorney DATB: June l2, 2008 I2E: Conflict of°Tnterest Ordinance (Na. 2329-2008) I haue received comments from the Planning and Zoning Commission (through Councilor Ross), Aithort Commission (through Councilor Molloy), the City Manager, Police Chief and Planner regarding the proposed cantlict of interest ordinance. 1. Comments from the Planning and Zoning Commission atzd the Planner were about the proposed language in KMC L85.OG0(b). In the ordinance that subsection reads, "A rnwiicipal officer, appointed ecmmissioner member, ar employee of the City of I; enai nia-y not represent a client before the Cify Council far a fee. However a ouiTii?fission ~i~emi3er nlav represent a Client befare a commission or the Citv Council for a fee if it does not involve. a matter that is/was before the member's conunission." Based on the Planning and Zoning Commission's concerns, Councilor Ross suggested language be added. after "member's commission" He suggest adding; "or if the member has declared a conflict of interest and has abstained. or affirmed that he wi l so abstain from discussion or votinn on the issue." That additional language satisfies the concerns that Planner had regarding subsection (b). The Airport Commission's cancexns about subsection (b) were similar to those of the Planning and Zoning Commission. 11 (/ // /1 // 11 Memo - Conflict of lnieresi Ordinance No.2319-2008 Page 2 of 3 The Planning and Zoning Commission also had concerns about subsection (h).'. In general that subsection would prohibit a former municipal officer, commissioner or employee from assisting a person for compensation for a period of one year regazding a matter that the person "participated personally and substantially in the matter through. the exercise of official action." The Comicil tali waive that provision, and the waiver process apparently satisfied some of the concems of the Planning and Zoning Commission. There was a question about haw the waiver process would work since it is not spelled out in the ordinance. The waiver section now reads, "The City Council may waive application of this restriction upon determination that a proposed action is not adverse to the public interest "_ Adding the phrase "by motion" to thatsentence after the word "restriction" would clarify the language. Another amendment that the Council may want to consider adding the word "personally" to the first sentence o'f subsection (h} after the word"service." Here's what this would clarify: let's say Engineer A retired t3~om the City.after w>orking on a particular city road project plan. Engineer A then goes to work for Engineer Firm 1. Engineer Firm I could still work for the City an the road. project plan as long as Engineer A didn't personally work on it. 3. The next comments were in regard to subsection (i}.Z Fn general, that subsection does not allow a city employee to bid in a city surplus auction unless the employee shows he!she does not have special knowledge about the item to be bid on.This section was added because the city has had complaints from citizens on two occasions in the past about city employees bidding on items ilzat the citizens felt the employees had "inside knowledge" of regarding the property's value that they could pat get from simply looking at the property before the auction. Those citizens had pretty negative feelings about the fairness of the auction process. t (h) 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. a {i1 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 the general public. 12 Memo -Conflict of Cnteres[ Ordinance No. 2319-2008 Page 3 of 3 The Police Chief commented that the waiver process might be cumbersome, although he understood the reasons behind the subsection. The City Manager also had concerns about the waiver process being cumbersome. He suggested either eliminating the subsection ox prohibiting employees from bidding in city auetians. 4. The Airport Commission comments cavexed three issues. The first one was about KMC 1.85.060(b). Their concerns were similar to those of the Planning and Zoning Commission and are described in Section 1 above, The next comment was about the possibility of exempting the advisory commissions from the conflict of interest provisions and having it instead apply to the Council Members, employees and the Planning and Zoning Commission. As an alternative, it was suggested that perhaps just the Airport Cammission should be exempted from the conflict of interest ordinance. The idea behind it was that the intent of the commission makeup is to have some of the members be users of the airport and those users will consistently have conflicts on issues such as fees and charges. Please let me know if you have any comments, questions or concerns. 13 Suggested by: Mayor J City Attorney CITY dF KENAI. 012~INANCE NC. 2320-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 1.90.030 TO PERMlT APPOINTMENT OF UP TO TWO MEMBERS TO CERTAIN ADVISORY BOARDS, COMMISSIONS OR COMMITTEES WHO ARE NON-RESIDENTS OF THE CITY OF KENAI PROVIDING THEY WORK AT LEAST ONE-HALF TIME WITHIN THE CITY. WHEREAS, .the City has not always been able to fill the vacancies on the Beautification Committee, Harbor, Library and Parks and Recreation Commissions with qualified individuals who reside within the City limits; and, WHEREAS, the Beat cation Committee, Harbor, Library and Parks and Recreation Commissions are advisory bodies; and, WHEREAS, the Beautification Committee, Harbor, Library and Parks and Recreation Commissions presently are allowed, at the discretion of the Council, membership of up to two non-resident members each; and, WHEREAS, there are qual~ed persons who do not live within the City but have a strong connecfion to Kenai due to their employment within it who desire to serve on advisory commissions; and, WHEREAS, at the Council's discretion, the Beautification Committee, Harbor, Library and Parks and P.ecreah~on Commissions should be allowed to iiaUe up to two non- resident members who work at least half-time within the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI; ALASKA, that the Kenai Municipal Code is amended as follows: Y.90.030 Quaiii'ications. (a) A member of a board, commission or committee must be a resident of the City of Kenai, unless the board, commission ar committee is specifically exempted by Council from this requirement. The member cannot be an officer or employee of the City of Keriai. If any member should move his residence from the corporate limits of the City of Kenai (if applicable), is an officer or employee of the City of Kenai, or shall be elected or appointed as an officer or employee of the City of Kenai, Lhe sercnce of such member shall terminate immediately. He should be aware that he will serve without salary, but will be reimbursed for all reasonable expenses incurred in connection with this service, only after approval by Council. (la) The Beautification Committee, and Harbor, Library, and Parks and Recreation Commissions may at the discretion of the Council have {~ up to two non-resident 14 Ordinance No. 2320-2008 Page 2 of 2 members each[.) •andJor (2) have twa members who do not reside in the City but work at least one-hall time within the City. PASSED BY THE COtiNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of June, 2aa8. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: June 4, 2008 Adopted: June 18, 2008 Effective: July 18, 2008 15 Suggested by: Councilor Boyle CITX OE' KENAI ORDINANCE NO. 2324-20138 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, 1) AMENDING -KMC 13.26.030 TO PROHIBIT TRESPASS IN POSTED ENVIRONMENTALLY SENSITIVE AREAS IN A PORTION OF THE SOUTH SHORE OF THE KENAIBEACH; 2) AND DECLARING AN EMERGENCY; AND 3) AMENDING THE CITY'S FINE SCHEDULE IN KMC 13.10.015 BY ADDING A NEW SUBSECTION 70 PROVIDING FORA $500 FINE FOR A VIOLATION. WHEREAS, the South Shore area of the Kenai Beach contains environmentally sensitive sand dune and wetland areas that are vital to the South Shore eco-system; and, WHEREAS, increased use and activity on the South Shore, including the dip net fishery, has markedly increased the need for protection of the dunes; and, WHEREAS, motor vehicle and/or foot traffic and activity on the sand dune and wetland areas of the South Shore has caused significant environmental damage to them; and, WHEREAS, in order to protect the environmentally sensitive South Shore areas of the Kenai beach, such areas need to be fenced off and/or pasted as "NO TRESPASSING"; and, WHEREAS, such posting and/or fencing may be temporary or permanent depending on the need to protect the environmentally sensitive areas of the South Shore; and, LVHEREAS, it is not the intent of this ordinance to reduce use or access to the non- environmentaIly sensitive wetland areas ar xion-svZd dune beach areas of the South Shore; and, WHEREAS, in order to enforce the "NO TRESPASSING" rule, it should be a violation of the Kenai Municipal Code to trespass in such areas with a fine of $500.00; and, WHEREAS, because of the damags the very heavy use of the South Shore beach area during the summer dip net fishery can cause, the no trespassing provisions of this ordinance must be in place prior to the dip net fishery opening; and, WHEREAS, under the non-emergency ordinance enactment timeline an ordinance introduced on June 18, 2008 will not be passed until July 2, 2008, and will not be effective until August 2, 2008, after aI1 or most of the dip net fishery has passed; and, WHEREAS, because of the imminent danger to the South Shore beach during the upcoming dip net fishery, the Council of the Kenai of declares that this ordinance is necessary for the immediate preservation of the environmentally sensifive areas of the South Shore; and, 16 Ordinance No. 2324-2008 Page 2 of 3 ~~'HEREAS, The Kenai Harbor Commission unanimously supports amenaing KMC 13.20.030 to include the South Shore in time for this summer's dip net fishery; and, WHEREAS, it is in the best interest of the City of Kenai and its citizens to enact an ordinance making it illegal to trespass on posted wetland and sand-dune areas of the Kenai Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: SECTION ONE The Council of the City of Kenai declares an emergency in order to protect the environmentally sensitive wetland and sand dune areas of the South Shore. SECTION TWO KMC 73.20.030 is hereby amended as follows: KAHC 13.20.030 Protectsou of North [SHORE SANI9 DUISGS] and South Shore [a] The intent of this section is to protect the environmentally sensitive [SAND DUNES] areas on [A] portions of the North and South Shore of the Kenai Beach. For purposes of this section the North Shore area of the Kenai Beach is the area shown on Appendix iII of Title I3 of the Keriai Municipai Code. For Municipal Code. [b] It is a violation; [i} to enter on wetland or sand dunes area(s) that are reasonably marked as "No Trespassing," or [ii] to remain on such designated wetland or sand dune area after the person has been requested to leave the sand dune area by someone v~dth the apparent authority to do so. [c] The City Manager or his/her designee is authorized to cause the pasting of signs designating "No Trespassing.° [d] For purposes of this section, a "sand dune" is defined as a naturally occurring accumulation or sand ridges or mounds landward of the high water mark. u For purposes of this section, "wetlands" is defined as those areas that are inundated or saturated by surface ei'ound water at a frequency and duration sufficient to support and under 17 Ordinance No. 2324-2008 Page 3 of 3 ror-raI circumstances da support, a prevalence of ve~etafion tvpicaliy adapted for life in saturated soil conditions Wetlands generally include swamps, marshes, bobs and similar area. [[E)[~ The prozrisions of this section do not apply to governmental officials in the performance of their official duties, where such duties reasonable require the official to go upon the designated sand Dune area. [[F]j~] A violation of this section shall be punishable as grovided in ' KMC 13.05.010. SECTION THREE KMC 13.10.015 is amended as follows: PRQPERTY UFF`ENSES 70 ! KMC 13.20.030 Protection of North and South Shore 500 , GENERAL i [70] Any offense under Title 13 of the Alaska Administrative Code which has been 71 incorporated by reference under KMC 13.30.010 and is not listed an this fine schedule shall have a fine amount as provided by the State in Administrative ', Rule 43.1. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of June, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Motion far Second Reading: Adopted: Effective: June 18, 2008 June 18, 2008 June 18, 2008 June 18, 2008 18 IC r t _ a .m, O~.r ~ A,1.S. 98 ue. ..\ - ntt S.S ~~Y-~_~ ~ $~bn . pa ~' 4 y0 IA 2 . i ILEXN 9PIi ~ ~ NO.t H ~Q0 1 11 t Ati; ~ w~ `q~ y~~P~ t ~ `R~ PE O~n 'Si Appendix IV CYTY OF KENAY RESOLUTION? NO. 2008-35 Suggested by: Administration A RESOLUTION OF THE COUNCIi, OF THE CITY OF KENAI, ALASKA, APPROVING A CONTRACT TO STERCHI CONSTRUCTION FOR THE PROJECT ENTITLED KENAI MUNICIPAL AFRPORT UREA STORAGE BUILDING - 2008 FOR THE TOTAL AMOUNT OF $375,713.00. WHEREAS, the following bids were received on May 22, 2008: Bidder Basic Bid Sterchi Construction $375,713.00 _ Endries Com an i $419,000.00 Holden Com an $468,700.00 BI Construction, Inc. $504,828.00 Wolverine Su 1 Inc. $586,000.60 En ineer's Estimate , $391,980.00 ;and, WHEREAS, Sterchi Construction`s bid is the lowest responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, this resolu6an is contingent upon FAA approval; and, WHEREAS, the recommendation from the City Administration is to award the contract to Sterchi Construction for the total cost of $375,713.00; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the project entitled Kenai Municipal Airport Urea Storage Building be awarded to Sterchi Construction for the total amount of $375,713,00. PASSED BY THE COUNCIL OF THE CITY OF KENAT, ALASKA, this eighteenth day of June, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: 19 Suggested by: Admin.istr~ation CITY OF KENAI RESOLUTION NO. 2D08-36 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING A CONTRACT T'O HOLDEN COMPANY FOR THE PROJECT ENTITLED KENAI PUBLIC SAFETY GARAGE - 2008 FOR THE TOTAL AMOUNT OF $165,.368 WHICH INCLUDES THE BASIC BID AND ADDITIVE ALTERNATES NO. 1 AND NO. 2. WHEREAS, the following bids were received on June 10; 2008: Bidder Basic Bid Add. AIt. No. 1 Outer 2 Ba s Add. AIt. No. 2 Stairs(Handrails Total Holden Com an , $101,525 $56,293 $7,550 $1.65,368 Sterchi Construction $102,413 ~ $64,133 $4,500 , $171,046 Blaz Construction $93,900 $67,266 ' $13_200 $174,36b Worldwide Roofing & ~ Construction Co. $133,900 , $1 19,200 $10,030 I $263,130 Engineer's Est. ~ $150,000 $100,000 $25,000 , $275,000', ;and, WHEREAS, Holden Company`s bid is the lowest responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, the recommendation from City Administration is to award the contract to Holden Company for the total cost of $165,368; and, WHEREAS, sufficient monies are appropriated. NOW, THEFcEFORE, BE iT RESOL'JED BY THE COUidCiL ^vF THE CITY OF KENAI, ALASKA, that the contract for the project entitled Kenai Public Safety Garage - 2008 be awarded to Holden Company for the total amount of $165,368 which includes the Basic Bid and Additive Alternates No. 1 and No. 2. PASSED BY THE COUNCIL OF THE CITY OF KENAI,. ALASKA, this eighteenth. day of June, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Frees, City Clerk /~/~~ Approved by Finance: --~~`~,- ~~ rr~l(IGIL' Ltl~b1 dl <~s~; l d~Jlrf d G~ GIGtY°~'r~ ~,. 210 Fidalgo Rvenue, Kenai, Alaska 99611-7794 ,,,~~,~ ~=~ i~~ Telephone: (907) 283-7535, Ext. 236 /FAX: (907) 283-3014 C~~I~V 7992 FROM: Wayne ©gle, Public Works Director ~~~ (~ // /1U~~ DATE: June 11, 2008 SUBJECT: Kenai Public Safety Garage - 2008; Council Resolufiion 2008-36 to Approve Rick, The City conducted sealed bids on Tuesday, June 11, 2008 at 2 PM regarding the subject project. Four construction companies submitted bids: Holden Company, 5terchi Corporation, Blazy Construction, Worldwide Roofing & Gonstruction Company. The Basic Bid was to enclose the existing Public Safety Building carport. Bids were also requested for Additive Alternative No. 1 (add outer two bays}, Additive Alternative N©. 2 (rnnctrurt conr_.rete Stairg and handrails}. Holden Company was the apparent Vow bidder with the Basic Bid: $101,525.00, Additive Alternative No. 1 (add outer two bays}: $56,293.00, Additive Alternative No. 2: $7,550 with an overall total of $165,368.00. The Gity has decided to award the Basic Bid, Additive Alternative No. 1, and Additive Alternative No. 2. There are sufficient funds to cover project costs for the Kenai Public Safety Garage - 2008: $165,368.00. The foifowing funds from fihe legislative grant for FY2006 Kenai Public Improvements will be applied: $62,274.26. This provides a total construction budget of $190,000 which included $24,632 or a 15% contingency. Funds from Public Safety Area, Construction (110-450-8098) will also be utilized: $127,725.74. I recommend Cify Council vote in favor of approving the use of these funds for the subject project. 21 WINCE-CORTHELL-SRY3ON Consulting Engineers Sox 1.041 Kenai, Alaska 99611 Fhone 907-283-4672 1Fax 907-283-4676 E-15+laii ntblanninena.v,+ebalaska.corn City of Kenai 210 Fidalgo Ave, Suite 200 Kenai, Alaska 99617. Attention: Wayne Ogle, Public Works Direotor Subject: Kenai Public Safety Garage 2008 Recommendation for Award W ayne, June 12, 2008 On June l0, 2008, at 2:00 pm the City opened bids received for the subject project. A total of four bids were received. All bids were reviewed azid no errors were found. Based on the total of the Basic Bid plus Additive Alternates One and Two, the apparent low bidder is Hoiden Company with a bid of 8165,368.00. Based. on the bids received, we recommend awarding the contracC to Holden Canlpany. We have enclosed. a smnmary of fhe bids received. If you have any questions or require additional. information, please do not hesitate to contact me. Sincerely, ~ ~ ,--. Mark Blarming, P.E. 'Wince-Corthell-Bryson Piiitip W. Bryson PE Mark F.. Blanning PG Atari n, CorCliell PE Frank W. Wince PE (Ret.) E. Casey Madden PCB 22 W O G N e O O P~5 O ~~~ ~~w ~~ ® ~ `J H m" ~ ~' ~ ~ ~ Fam ~" ~, ~ as w®7 W fW-' ~ ~ ~ H w w °o o ° ~ `'~ °o °o °o ^° °o o N ° o ° O o o H o ° ° q ~ i > O o N O . ~ 'j U ~ cR 01 O q ~ H ~ -+ ~ . "r ~ U ~ O O O O r-+ O ~D O E-~ O ~4 O CJ 6ti N N m ~ f~* i O .-i~ z ~} F ~~ ~~ ~ O .~ O e~ ~1 N 23 Suggested by: City Council CITE' €B~' fCEISfaI RESOLUTION NtS. 2t3®8-37 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SETTING THE PUBLiC HEARING DATE ON THE PROPOSED AMES ROAD SOUTH LID SPECIAL ASSESSMENT DISTRICT. WHEREAS, the City of Kenai has received a petition to farm a special assessment district in the above-mentioned paving project; and, WHEREAS, the Council must set a date of public hearing on the proposed assessment district. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the date of the public hearing on the proposed Ames Road South LID Special Assessment District be set for August 6, 2008. PASSED BY.THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of June, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk clf 24 ~~~_ ~~- the city of O/ `~11i(la~e wit~r ~ Asst, Ga~ wl'~'~i a Fr~~`ur~ ~• 210 Fidalgo Avenue, Kenai, Alaska-99611-7794 a ~I~m Telephone: 907-2$3-75351 FAX: 907-283-3014 111 li 1992! MEMO: TO: Gity Council FROM: Rick Koch DATE: June 12, 2008 SUBJEGT: Resolution f~tumber 2008-37 The Administration recommends approval of the above referenced resolution. setting a public hearing. The administration has previously prepared a construction cost estimate and an estimate of assessments based. an four different possible assessment methodologies. Administration has not yet updatod the construction cost estimate, nor have we deternuned a recommonded assessment methodology. There is a mix of both land use and property size that makes tho selection. of a~, assessriiant methodology chaiiengitig. I would expect that the updated cost estimate will increase by 10%-2S%, as this project, if adopted by the Council would be a 2009 construction season project. For your information I have attached infonnafion that was developed in 2007 for this proposed LID. attachrnent AMES 12l7A®& BASIPI VIEW DRIVE COST ESTIMATE FOR LID MAY 29, 2®07 Cost Item Prepare Existing Surfaces Type II Classified Fiil Description 14H Grader Compactor W ater Truck Pick-Up Superintendent Operator Operator Operator Unit Unit Quantity Cost S ub-Total HR 25 $ 60.00 $ 1,500.00 HR 25 $ 30.00 $ 750.00 HR 25 $ 25.00 $ 625.00 Day 3 $ 50.00 $ 150.00 HR 25 $ 70.00 $ 1,750.00 HR 25 $ 65.00 $ 1,625.00 HR 25 $ 65.00 $ 1,625.00 HR 25 $ 65.00 $ 1,625.00 $ 9,650.00 HR 1D $ 60.00 $ 600.00 HR 10 $ 30.00 $ 300.00 HR 10 $ 25.00 $ 250.00 Day 1 $ b0.00 $ 50.00 Ton 200 $ i2.00 $ 2,400.00 HR 10 $ 70.00 $ 700.00 HR 10 $ 85.OG $ 650:00 HR 10 $ 65.00 $ 650.00 HR 10 $ 65AD $ fi50.00 $ 6,250.00 Ton 2000 $ 18.00 $ 36,000.00 Ton 1250 $ 85.00 $ 106,250.00 LF 400 $ 35.00 $ 14,000.00 LS 1 $ 3,500.00 $ 3,500.00 Sub-Total $ 175,650.00 14H Grader Compactor Water Truck Pick-Up Type II Fill Superintendent Operator Operator Operator Crushed Aggregate Base Course (2"} Crushed Aggregate Base Course Asphalt Pavement (2") Asphalt Pavement (2") 18" CMP 18" CMP Traffic Control Traffic Control Contingency @ 15°io $ 26,347.50 Engineering @ 18% $ 31,617.00 Total $ 233,614b0 26 ~ W ~ t ^ ~ 4d p V • ~ ~ + °"~ yq V y 7 ~ ~. ~ ry ~ ~ m y ! rp s/ / I.dr /~ ry W ~ ~ ~ 1~° G I ~' .J (!} Q ~ H Q V/ y N ~ M to ( N D M ~ c N 0 N. a E N O t M !1 ( N p t M. 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N L/ r O O ECJ CO M !p' N O N "~ II II II II II C J II II 4 II II 9 II II II II II II II ~ O C ~! c J ~~ n ~ ~ ~ ~ x ~ o a ce ~ m ce cc ~ a ~ ~ a ~ rc a o 0 y 41 ~t/j N N Qf @ U O N N N N N N N O O N N O N V U a N m ~ a d~ d~ E E d o Q E a E a E a E a E a d~ E d d~ E a E a E a E a E a d~ o o 0 o ~ M t0 t0 cn a m t0 O T u'1 4'S l0 t0 0 t[i O m ~- M O u'S tt') 0 0 WaS M ~ tO lMfi [OD (NO r r ~ Mr ON W W OW m m m m ON1 ~ O~i O (ND C e N Ems' ~ > N a 4 ~+ ~ ~ m Q J N = '~ O N ?~ _m U ~ ~ .G ~' ' y 'a y . ~ Y o V K O S > m ~ II a ay y 1 m ~ N N .Op ~ N m m -o ~ US a ~' ' ~ f03 E{3 ~v ° m m v o c c o ° ~ m ~ Y ~ > ~ o ,° } o m w m ° ° ~W 1 « y _`m a~ e a3 -~ m N W ~' ~ m :~ ~ ~ ~ 2 c ~ w U UJ U ~ ~ ~ ~ W o3 0 « W a m .c U c m Y a~i c y Z o '' o~j ' m d Y o `w ~ o a ~ c c c ~ '° ~ c * ~ ' m '> . n° g o m ` a o c m c o m ~' ~ m ' E m ~ m c o ~ m c c v `m 2 `m S m c = - ' o K - w 6 o U F~- ~ -~ S ~ I- J -~ (7J ~ U - aL d d Y 6 Y _ +- N M ~ ' N CO r o? m 0 `- N M d' t0 W ti m m t- O N N N N M N O w 0 ro L a O a U .w e O N 4 V a d m m 0 LL m aff c c N a ~~. ~.,.- Suggested by: Mayor and Council Members CITY OF KENAI 'RESOLUTION NO. 2008-38 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, RECOGNIZING HAROLD AND RITA DAUBENSPECK FOR THEIR SUPPORT AND DEDICATION TO THE GROWTH AND DEVELOPMENT OF CITY OF KENAI PARKS AND RECREATION OPPORTUNITIES. WHEREAS, Harold A. Daubenspeck, for many years, owned and operated the Kenai Salmon Packing Company and was a positive force in the development and stabilization of the economy of the City of Kenai, including summer employment opportunities for the City's youth; and, WHEREAS, in December, 1980, the Kenai City Council unanimously passed Resolution No. 80-178 accepting the donation of valuable riverside and road frontage properfies within the City of Kenai, including all oil, gas, and mineral rights from Harold and Rita Daubenspeck; and, WHEREAS, the donation of the land, oil, gas, and mineral rights, including sales proceeds, royalties, revenue, or rental income from Tracts C, D, and E of the Daubsenspeck Property Subdivision and Alaska Tidelands Survey No. 98 were dedicated to athletic programs sponsored by the City of Kenai; and, WHEREAS, over the years, Daubenspeck dedicated funds have been used for the purchase of lawn mowers, tractors, sprinklers, equipment and games for the Kenai Teen Center, installation of chain link fence at the Bernie Huss Trail, park trail system stations, installation of handicap accessi'oie paihs to Kenai parks, playground equipment, relocation of Skateboard Park, the development of Kenai Soccer Park, as well as property dedicated as the site of Millennium Square, all devoted to the growth and development of Kenai parks and recreation opportunities. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, through this resolution, expresses the appreciation and gratitude of its past and future councils, administration and citizens for the immeasurable generosity demonstrated by Harold and Rita Daubenspeck to support and enhance park and recreation opportunities to the citizens of the City of Kenai by the unanimous passage of this resolution and the placement of a tree and marker in the Leif Hansen Memorial Park in their honor. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of June, 2008. Pat Porter, Mayor Linda Swarner, Vice Mayor 28 Resolution No. 2008-38 Page 2 of 2 Rick Rose, Council Member Mike Boyle, Council Member Hal Smalley, Council Member ATTEST: Carol L. Freas, City Clerk Robert Molloy, Council Member Barry Eldridge, Council Member 29 CITY OF NENAI RESOLUTION N0. 80^176 A RESOLUTION OF THE COUNCIL OF THE CITY OF &ENAI, ALAS$Rr RCCEPTYNG THE DONATYON OF LARDS AND OIL ANU GAS RIGHTS IN ADJACENT LANDS FROM HAROLD A. DAUSENSPECY. AND RZTA DRUBENSPEC&. WHEREAS, Harold A. i®- •-._~.---=+ has for ~ninytheaCowneof Eenai operated the Renai Salmon Packing Company Y and has aiwaps been a positfve force in the development and stabilfzatfon of the economy of said City, and WHEREASP the summer employment furnished by the Renai Salmon Packing y has nat anly contributed to the financial well being of the community, but has. fn many cases furnished the oppostunity fox youth of thfs City to earn high wages with which they have been able to continsse their pursuit of higher education, which has resulted nct only fh the advancement and enrichment of said youth but has corked to the benefit of evezp community in which said youth have later settled, inclufling the City of $ensie and WHEREAS, the said Harold A. i~ai~beris~~t has always followed the polioy of lending funds to local inhabitants far purposes of the gt:cchaar of fiskfng sites, fishing vessels, and ffskinq gear, which has contributed not only to the well being of the individuals involved but to the development of the Coak Inlet fishery and r_he community as a whole, and / whictheyahave offesedttoDdonate~to thevCftyeoftxenaiDVesy~ valnabie sfvesside and road frontage properties wfthin the City of &enai, including all oil., gas, and mfaerai rights therein, which property is not only very valuable property in itself, but - is even more so to the City of Renai because ft is adjacent to ? land already owned by the City o€ Renai, and WHEREASr Mt. & Mss. 13asfla~zzR¢te have also executed a Deed .and offered to donate to the City of Eenai a1I oil and gas rights previously reserved by them in adjacent tracts to those conveyed and donated to the Cfty at this time, and _ WHEREASe it is understood that signfffcant quantities of gas have been discovered fn a well drilled just across the Renai river from the land in question and the pool of gas-may wail extend under said lands, 30 nom.. 1~..~.v~_.e~ NOS, TdEREFORE, BE iT F2F.SOLVED by the Council of the Cfty of Kenai, Alaska that the Cfty of Kenai hereby accepts from AAROLD A, 6 RITA DAUSENSFECK the gift of land, together with the oil, gas, and mineral rights therein and the gift a€ oil and gas rights in adjacent lands referred to in the deeds of December 12, 1980, to be used exclusively far public purposes. We further recognize that the value of this gift may exceed THREE MILLIOR DOLLARS tsa,aao,DDO.oDf. BE iT FURTHER RESOLVED that the City honer the request of Mr. & Mrs. Fsaub~eq~geok that the ail, gas, and mineral rights, including seise proceeds, royalties, revenue, or rental income therefrom, from Tracts C, D, and E of the Daybenspeck Praperty Subdivision as well as from Alaska Tfdelands Survey Ma. 98, are to be dedicated to athletic grograms sponsored by the-City of Kenai. The distributions of such funds will be at the full and sole discretion of the City Cauncf2 of the Cfty of Kenaf, Alaska, to the parks & Recreation Commission or such other City agency or city official as the City Council may fram time to time authorize to use such distributions. BE YT FURTHER RESOLVED that as a gesture of our appreciation we hereby recommend that in the event a marina or park or other gublic facility be developed on any of the donated property that such facility be named after the Daubenspecks. PASSED BY TAE COI7MCIL OF TEE CITY OF K , ALASKA, this 1"7th day of December, 1980, c .__~ ~~~f VZ%3CERST O°REYLLY, M~Q~ ~Sfr A,~TESm x ..: yS et Whelah; City Clerk ,~~ r. i r~. ,,,1 2 31 Suggested by: Mayor Porter CITY C1F KEPiAI R1ESC3L'J'I'IOId NZ7. 2008-39 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, STRONGLY SUPPORTING THE UPGRADE AND IMPROVEMENT OF MILES 45-b0 OF THE STERLING HIGHWAY AND MILES 18-26 OF THE SEWARD HIGHWAY. WHEREAS, the Seward Highway was originally built in 1952 and the Mile 18-26 section has not received any improvements except for some blacktopping since that time; and, WHEREAS, it has been well over twenty (20} years the Alaska Department of Transportation has been studying Mile 45-60 of the Sterling Highway; and, WHEREAS, the repair and improvement of these roadways do not appear in the current Statewide Transportation Improvements Program (STIP); and, WHEREAS, these sections of the Seward. and Sterling Highways have been the scenes of many accidents, some causing minor injuries, far too many causing serious injuries, and deaths -- all devastating to families and friends of residents, as well as visitors to our Peninsula communities; and, WHEREAS, these roads are critical to the economic welfare of all Peninsula communities, their businesses and residents; and, WHEREAS, it is imperative improvements be made to these roadways' to prevent poor road maintenance conditions be a cor,stan.t threat to our citizens' safety and lives. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, strongly support the upgrade and improvements to Miles 45-b0 of the Sterling Highway and Miles 18-26 of the Seward Highway and implore the Alaska Department of Transportation to move forward expediently to correct these long overdue crises. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of 3une, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk 32 6/~.3/ag ear-~~.,~r June 5, 2008 `~'d°~~"°c'~"'~ `~' Mayor Pat Porter 210 Fidalgo Ave. Kenai, AK 99b11 ~EClci~~ ~~ Dear Mayor Porter I am writing to you to ask far your help to address what I believe to be a very serious problem facing Kenai Peninsula residents and visitors to our communities. On April 23`d I was driving the Sterling Highway and came upon the tractor trailer accident covered on the news. The accident was along the Kenai River, just past the Russian River a~~ea. LUCKILY the load the truck was carrying was urea and mostly nitrates. The urea spill when mixed with the slough water quickly dissipated without much. damage, if any, to the river and its residents. But SUPPOSE it had been a load of heavy oil, toxic chemicals, diesel, gasoline, or any other of the highly toxic loads that travel over our highways every day? As I watched the frantic work of the rescuers to get the driver out, I wondered if the load was flammable and could be potentially more dangerous than the situation appeared. Luckily the truck driver survived and was taken from the wreckage and treated. It is a wonder that he did survive from the looks of the wreck. I have been looking over some of the publications issued by D.O.T. over the years, and find it has beer. well aver twenty years that they have been s~udying'the upgrade of this piece of road (mile 45-60j. It doesn't even show as moving forward and doesn't even appear in the present STIF plan. Eaeh year there are more accidents. Residents of the Peninsula, as well as our visitors; have died on this piece of road. More `will most certainly die in the future if this serious problem is not solved. I have a personal interest in this stretch of road. Twelve years ago on Christmas Eve, my daughter and her fannily were hit head-om by an unlicensed and uninsured driver on the blind corner there by Gwin's Lodge. The only improvement the state has made on that corner has been installing a [lashing yellow caution light. Accidents continue to happen on that corner. Will it take a busload of school children injured or even dying to finally impress uponthe state that it must act? Further, the road is critical to the economic welfare of all our communities; businesses, sportsmen and residents. The time has came for our cities to take a united stand and demand that something be done about this constant threat to our lives and safety. The other issue of course is the well being of our very important Kenai River, before the next Loaded tanker dumps into it something more deadly than the nitrates this truck was carrying. There are dozens of them on this road every day! ~a~~¢ 33 On the Seward Highway, we also have a section of road that has been stalled for over 30 years and kills or maims each year. It is the Mile 18 to 26 section. It has remained the same except for some blacktopping since it was built in 1952 (as was the Sterling). The aniy difference is these vehicles don't roll into the Kenai River, but could spill into Kenai Lake which feeds the river. Seward isrn the process of putting forward a resolution on this issue, and ask for all the peninsula cities to join forces and get behind a push to force the state to do something significant on the two projects. We musC work together to get this fixed. Just imagine if a truck load of very toxic oil dumped during the peak of the red or king runs; or the very popular Kenai Classic and dip-netting periods. Please speak with your councils about this very important issue and join vrith us to demand that the state quit stalling and get these projects done. Z guess the question we must ask the state is, how many more must die before they move forward on these projects? Sincerely, ~.. `~~n~~2 Willard Dunham,Vice-Mayor City of Seward Cc: Peninsula Mayors 34 _ „~ r~M ti ~b A _ ~...._` ftie ~i~ a f ~tE U S June 19, 2008 Ms. Dawn Holland-Williams Records & Licensing Supervisor AIcohoiic Beverage Control Board 5848 East Tudor Road Anchorage, AK 99507-1286 RE: LIQUOR LICENSE RENEWAL(S) www.ci.kenai.ak.us At its regular meeting of June 18, 200$, the Kenai City Council reviewed the following liquor license renewal application(s) and raised no objections based on unpaid taxes, delinquent taxes or obligations of the premises to the City. 'ResY&.'ririan4 j .caiing sIa%c `: `u+~=°,y Katina's Greek &, Italian Restaurant, #4533 Matson Winery ?w Supply, #4676 New Peking Chines Restaurant#3239 Pizza Hut #9 (License #2596) If you have any questions, please contact me at 283-7535, extension 231. CITY OF KENAI Carol L. Freas City Clerk clf ca Kenai Borough Clerk KPB Finance Department Applicant(s) >1~'c~~~e rti~t~r t~ ~'~~~ Gi~r r~c`~~r ~ ~r~~r~~e,r 210 Fidalgo Avenue, Kenai; Alaska 99611-7794 Telephone: (907) 283-7535 /Fax: (907) 283-3014 35 MAY-15-2006 THU 1239 PM KENAI PENN BOROUGH CLERK 4, ~~~C• May 15, 2008 FAX N0, 907 262 8615 P, 01/01 ®I~t89a9 ~Rlld'~l~UL~,14 BRCF-1 7a4 N. BINKLEY ° SDLDDTNA. ALASKA ° 99889.7599 i3l151NESS (907} 2s2-aaat FAX (9a7)262~1 a92 BCtftOUGH ASSEMBLY lvls. Dawn Hol}and-Williams Records & licensing Supervisor Alcahalic Beverage Control Board 5848 L. T'udar Road Anchorage, A1C 995071286 Re; Application for Renewal o'f I:iquar licetase #4533, #4676, #3239 &: #1.2596 Doaz Ms. Williams: Please be advised that tho Kenai PeninsulaBoraughhas no objectionto the approval ofthe fallowing applicatiott{s) for renewal of liquor license{s) of the establishments) located within the City o£ Kenai, Aiaslca: Restanrant(E+.atirtgPlcna Wine Katina's Greek & Italian Restaurant #x+533 Matson Winery 8t Supply #+676 New Peking Chinese Restaurant #3239 Pizza Hut #9 {Lic, #2596} The Kenai Peninsula BoroughFinance Department has reviewed its fles and has raised no objection based on uxxpaid or delinquent taxes. Sincerely, Jalxui'Blankeusbip CMC interim Borough Clerk cc: Applicants City of Kenai It.PB Finance Department File 36 AGENDA. IiENAI CITY COUNCIL -REGULAR. MEETING ,TUNE 4, 2008 7:00 P.M. IIENAI CIT'E' COUNCIL CHAMBERS httu: / Iwww.ci.kenai.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: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) %TEM D: REPORTS OF KPS ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance Nc. 2311-2008 -- Finding that Certain City-Owned Land, Identit?ed as TSN Rl iW SEC 4 Seward "Meridian KN 0880053--Central View Subdivision Tract B, Third Recording District, Kenai, Alaska, (KPB Parcel Aio. 04901062), is Dedicated for Park Purposes. 2. Ordinance No. 2312-2008 -- Amending KMC 14.05.010 by Adding a New Subsection to Compensate Planning and Zoning Commissioners at the Rate of $100 Per Month. 3. Ordinance No. 2313-2008 -- Adopting the Annual Budget far the Fiscal Year Commencing July 1, 2008 and Ending June 30, 2009. 4. Ordinance No. 2314-2008 -- Enacting KMC 23.55.080 Providing for Longevity Pay of Two Percent (2°/a) for Certain Employees in Step CC in the City of Kenai Salary Schedule. Ordinance No. 2315-2008 -- Increasing Estimated Revenues and Appropriations by X1,358.38 in the General Fund to Pay for Police Uniforms and Equipment. 37 6. Clydiaanee No. 2326-2008 -- Increasing Estimated Revenues and Appropriations by $24,800 for Repair of the Retaining Wall on South Spruce Street. 7. 'Ordinance No. 2319-2008.-- Enacting KMC 13.20.030 Prohibiting Trespass in Posted Environmentally Sensitive Sand Dune Areas in a Portion of the North Shore of the Kenai Beach. $, Resolution No. 2008-29 -- Authorizing a Sole Source Contract to Kidde Fire Trainers for $45,000 for Software and Installation Services at the Fire Training Facility. 9. Resolution No. 2008-30 -- Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2008 and Ending June 30, 2009. 10. Resolution No. 2008-31 -- Transferring $20,000 in the Airport Fund for Pavement Maintenance. 11. Resolution No. 2008-32 -- Transferring $14,016 in the Water and Sewer Fund to P.eplace Lift Statior. Pumps. 12. Resolution No. 2008-33 -- Selecting Wince-Corthell-Bryson for Architectural/Engineering/Environmental & Construction Management Services far Kenai Municipal Airport Capital Improvement Projects. 13. Resolution No. 2008-34 -- Declaring that a Zamboni be Considered Surplus and Authorizing Trade with the City of Palmer for an. Atco Trailer, a Large Volume Exhaust Fan, and Other Miscellaneous Items. 14. *Licluor License lipplication (Newt • Sarum McGee's, Inc. #4794/Beverage Dispensary Tourism 15. *Restaurant Designation Fermit • Robert B. GrayjSamm McCxee's Inc. #4794 ITEM F: MINUTES *Regular Meeting of May 20, 2008. YTEM G: UNFINISHED SUSINESS ITEM H: NEW BUSINESS BiIls to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Drdinance No. 2318-2008 -- Increasing Estimated Revenues and Appropriations by X501,632 in the Urea Storage Building Fund for Construction. 38 4. *Ordinance No. 2319-2008 -- Amending the Ethics Rules for Elected and Appointed Officials and City Employees by Amending the Existing KMC 1.85.060 and 070. 5. *Ordinance Na. 2320-2008 -- Amending KMC 1:90.030 to Permit Appointment of Up to Two Members to Certain Advisory Boards, Commissions or Committees Who are Non-Residents of the City of Kenai Providing They Work at Least One-half Time Witbin the City. b. Diseussson -- Harold Daubenspeek Memorial ITEM I: COMMISSION(GOMMYTTEE REPORTS 1. .Council an Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Pla+~ning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini-Grant Steering Committee ITEM J; REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council ITEM M: PENDING LEGISLATION (This item lists legislation which wilt be addressed at a lafer dafe as noted.) EXECUTIVE SESSION -- Annual Evaluation of City Clerk and City Manager ITEM N: ADJOURNMENT 39 KENAI CITY CdC1yNgC~LL - fRpEG®ULAR MEETING JU1tl /L/qq 4y®G~~4y{~!®O 7:V® P.ftll. KENAI CITY CCTUNCIL C ERS http: / /www.ci.kenai.alc.us MAY®R PAT PCiRTER, PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE ®F ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A-~. RQLL CALL A quorum was present. Also present: Maya Johnsen, Student Representative A-3. AGENDA APPROVAL Mayor Porter noted the following requests: MGVE: Information Item No. 9 forward and piece as Item II-7 for Consideration -- Vacation of Hayes Avenue, a 30-foot right-of--way adjacent to the north boundary of Lots 1 and 4, dedicated by Youngblood-Warren Subdivision (Plat KN 528); within Section 31, Township 6 North, Range 11 West, Seward Meridian, Alaska; within the City of Kenai and the Kenai Peninsula Borough; KPB File 2408-101. ADD TO: Mayor`s Report -- 6/2/08 Tri-Borough Commission letter Encouraging the inclusion of a spur line to Southcentral Alaska and the dedication of a portion of gas line revenues to Alaska's communities in the natural gas pipeline project. MC9TIC3N: 40 The City Clerk took roll. Present were: KENAI CLTY COUNCIL MEETING JTJNE 4, 2008 PAGE 2 Council Member Swarner MOVED for approval of the agenda as amended and requested UNAIv'IMOUS CONSENT. Council Member Smalley SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA Mayor Porter noted the following request: ADD TO: Item E-I5 -- A copy of the Restaurant Designation Permit (Robert B. Gray/ Samm McGee's Inc. t~4794 (inadvertently omitted from the packet). MOTION: Council Member Smalley MOVED to approve the consent agenda with the addition to Item E-15. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. Mayor Porter welcomed Maya Ala Johnson as the new student representative to the council. ITEM B: SCHEDULED PUBLIC COMMENT`S -- None. ITEM C: UNSCHEDULED PUBLIC COMMENTS -- None. ITEM D: REPORTS OF YsPB ASSEMBLY LEGISLATORS AND COUNCILS -- Pdone. ITEM E: PUBLIC HEARINGS {Testimony limited to 3 minutes per speaker.) E-1. Ordananee Na. 2811-2(DU8 -- Finding that Certain City-owned Land, Identified as TSN Rl 1W SEG 4 Seward Meridian KN 0880053--Central View Subdivision Tract B, Third Recording District, Kenai, Alaska, (KPB Parcel No. 04901062}, is Dedicated far Park Purposes. MOTION: Council Member Swarner MOVED to adopt Ordinance No. 2311-2008 and Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. There were no council comments. VOTE: *Student Representative Johnson: Yes 4i KENAI CITY COUNCIL MEETING JUNE 4, 2008 PAGE 3 MOTION PASSED UNANIMOUSLY. E-2. Ordinance No. 2312-2008 -- Amending KMC 14.05.010 by Adding a New Subsection to Compensate Planning and Zoning Commissioners at the Rate of $100 Per Month. MOfi10N: Council Member Swarner MOVED to adopt Ordinance No. 2322-2008 and Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard; the public hearing was closed. A brief council discussion took place whether the members should be paid by the amount of meetings they attend or a flat monthly basis. There were no objections stated to pay members on a flat monthly basis, however if missed meetings became a problem, the ordinance issue could be revisited. VOTE: *Student Representative Johnson: Yes E-3. Ordinance No. 2313-2008 -- Adopting the Annual Budget far the Fiscal Year Commencing July 1, 2008 and Ending June 30, 2009. MOTION: Council Member Eldridge MOVED to adopt Ordinance No. 2313-2008 and Council Member Swarner SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. MOTION TO AMEND: 42 MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING JUNE 4, 2008 PAGE 4 Council Member Boyle M®Q7ED to include $5,000 as a line item in the budget for the city to donate to the CARTS program. Council Member Molloy SECONDED the motion. Comments included: • Council Member Boyle explained it was his desire to be sure the funds would go io CARTS as it was not currently a Line item in the budget. + Council would have the opportunity to vote whether to dispense the funds to the CARTS program when a formal request would be made. • Discussions between CARTS and the Senior Center were continuing with regard to sharing travel to Sterling. • The CARTS program is used by many of the public as transportation to work and shop in the city and because of the high fuel costs, donating to the program would be beneficial to the city. Council Member Smalley reported his wife was a member of the CARTS Board of Directors but was not compensated for her participation. i70TE ON AMENDMENT: MOT?ON _r<asr.EsS, MOTION TO AMEND: Council Member Molloy MOVED to amend the Legislative budget to add $1,000 for an assessment'feasibility study for radio broadcasting of council meetings and Council Member Boyle SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Johnson: Yes 43 *Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLI'. KENAI CITY COUNCIL MEETING JUNE 4, 2008 PAGE 5 Finance Director Semmens noted the Legislative budget would include $5;000 with the understanding it would be considered for donation to CARTS. VOTE ON MAIN AMENDED MOTION: *Student Representative Johnson: Yes Smalle Yes Eldrid e Yes Ross i Yes Mollo Yes Boyle Yes Porter Yes Swarner Yes MOTION PASSED UNANIMOUSLY. E-4. Ordmanee No. 2314-2008 -- Enacting KMC 23.55.080 Providing for Longevity Pay of Two Percent (2%) for Certain Employees in Step CC in the City of Kenai Salary Schedule. MOTION: Council Member Smalley MOVED to adopt Ordinance No. 2314-2008 and Council Member Boyle SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. Discussion followed with comments including: • If the ordinance was passed, it would be a cost of $13, 500 to the budget. • Amore intense review of the current ordinance with an amendment to the pay scale was suggested. • Passing the ordinance would offer immediate relief to those employees who reached the top of their pay range. • The ordinance would be equivalent of a step increase with the base pay remaining the same and would be a solution. • Concern the ordinance was not tied to performance; suggested administration review and address the issue with a fiscal note urith alternatives; and, the city needs to be competitive in the market place. MOTION TO TABLE: Council Member Eldridge MOVED to table Ordinance No. 2314-2008 to the first meeting in August and Council Member Swarner SECONDED the motion. VOTE MOTION TO TABLE: *Student Representative Joluzson: Yes Smalley Yes __ j Eldrid e ;Yes Ross Yes Molloy Yes j Soyle ~ No ~ Porter ~ Yes ~ 44 KENAI CITY COUNCIL MEETIATG JCTNE 4, 2008 PAGE 6 ~ Swarner Yes ~ MOTION PASSED. E-5. Ordinance No. 2315-8008 -- Appropriations by $1,358.38 Uniforms and Equipment. Increasing Estimated Revenues and in th.e General Fund to Pay for Police MOTION: Council member Swarner MOVED to adopt Ordinance No. 2315-2008 az1d Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. There were no council comments. VOTE: *Student Representative Johnson: Yes Smalley Yes j Eldridge ~ Yes ~ Ross 'Yes ~ Molloy :Yes ~ Boyle Yes 'Porter Yes i Swarner ;Yes j MOTION PASSED UNANIMOUSLY. E-6. Ordinance No. 8316-2(}08 -- Increasing Estmated Revenues and Appropriations by $24,800 for Repair of the Retaining Wall an Soutn Spruce Street. MOTION: Council Member Eldridge MOVED to adapt Ordinazice No. 2316-2008 and Council Member Swan~er SECONDED the motion. The floor was opened for public hearing. There being na one wishing to be heard, the public hearing was closed. MOTION TO AMEND: Council Member Boyle MOVED to amend the title and first whereas to reflect South Forest Drive instead of South Spruce Street. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. VOTE ON AMENDMENT: 45 KENAI CITY COUNCIL MEETING JUNE 4, 2008 FAGS 7 There were na objections. Sd dRDERED. VOTE ON MAIN AMENDED MOTION: *Student Representative Johnson: Yes E-7. Ordinance Na. 2317-2008 -- Enacting KMC 13.20.030 Prohibiting Trespass m Posted Environmentally Sensitive Sand Dune Areas in a Portion of the North Shore of the Kenai Beach. MOTION: Council Member Eldridge MOVED to adopt Ordinance No. 2317-2008 and Council member Molloy SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. A larief council discussion took place related to setting a standard fine in order for the city to handle the fine collection instead of going through the court system. Attorney Graves was requested to prepare an ordinance to set a standard fine. VOTE: MOTION PASSED UNANIMOUSLY. E-8. 12esolutian No. 2008-29 -- Authorizing a Sole Source Contract to Kidde Fire Trainers for $45,000 for Software and Installation Services at the Fire Training Facility. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2008-29. Council Member Smalley SECONDED the motion and requested UNANIMOUS CONSENT. 46 MOTION PASSED UNANIMOUSLY. *Student Representative Johnson: Yes KENAI CITY COUNCIL MEETING JUNE 4, 2008 PAGE 8 The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed: There were no council comments. VOTE: There were no objections. SO ORDERED. E-9. Resolutsoax No. 2008-30 -- Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2008 and Ending June 30, 2009. MOTION: Council Member Swarner MOVED to approve Resolution No. 2008-30 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, we public hearing was clased. There were no council comments. VOTE: There were no abjections. SO ORDERED. E-10. Resolutiom No. 2008-3I -- Transferring 520,000 in the Airport Fund far Pavement Maintenance. MOT%ON: Council 1Jiernber Matlayy I6a0`dED to adapt Resatation No. 200~v8-31. CaunGil Member ~Wal rlel VEVVNDED LL1G' rrlGllorl altd requ ~t°.d :3Ids.NiM®T.d~v` CE3NSENT. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. There were no council comments. VOTE: There were no objections. SO ORDERED. E-1I. Resolution No. 2008-32 -- Transferring 514,016 in the Water and Sewer Fund to Replace Lift Station Pumps. MOTION: Council Member Swarner MOVED for approval of Resolution No. 2008-32 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was elased. There were no council comments. 47 KENAI CITY COUNCIL MI+;ETING JUNE 4, 2008 PAGE 9 VOTE: There were no objecrions. SO ORDERED. E-12. Resalutioa No. 2008-33 -- Selecting Wince-Corthell-Bryson for Architectural/Engineering/Environmental & Construction Management Services for Kenai Municipal Airport Capital Improvement Projects. MOTION: Council Member Smalley MOVED for approval of Resolution No. 200$-33 and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. The uoor was opened for public hearing. There being no one urishing to be heard, the public hearing was closed. There were no council comments. VOTE: There were no objections. SO ORDERED. E-I3. Resoiution No. 2008-34 -- Declaring that a Zamboni be Considered Surplus and Authorizing Trade with the City of Palmer for an Atco Trailer, a Large Volume Exhaust Fan, and Other Miscellaneous Items. MOTION: Council Member Eldridge MOVED for approval of Resolution No. 2008-34 and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. The floor was opened for public hearing. Bab Peters, OId Town, Kenai -- Mr. Peters spoke in support of the resolution and commended administration on the trade. There being no one further wishing to speak, the public hearing was closed. City Manager Koch gave a brief explanation of the trade of goods and their value, i.e. the Zamboni having little value; ATCO trailer to be used as a mobile office during dip net fishery season, $7,000-$10,000; exhaust fan to be used at the ice rink to assist in curing the condensation problems there, etc. VOTE: There were no objections. SO ORDERED. 48 KENAI CITY COUNCIL MEETING JUNE 4, 2008 PAGE 10 E-I4. Liquor License Application (New) • Samm McGee's, Inc. #4794 JBeverage Dispensary Tourism Approved by consent agenda. E-15. Restaurant Designation Permit • Robert B. Gray/Samm McGee's Inc. #4794 Approved by consent agenda. BREAK TAKEN: 8:00 P.M. BACK TD ORDER: 8:11 P.M. YTEM F: MINUTES F-1. Regular Meetsng of May 20, 2008 -- Approved by consent agenda. ITEM Cx: UNFINISHED BUSINESS -- None. ITEM II: NEW BUSINESS II.1. Bilts to be Ratified MOTION: Council Member Smalley MOVED to rant"y the bins and Council iviember Eiclridge SECONDED the motion. Council Member Swarner requested UNANYR'iOUS CONSENT. VOTE: There were no objections. SO ORDERED. H-2. Approval of Purekase Orders Exceeding ~ 15,000 MOTION: Council Member Smalley MOVED for approval of the purchase orders exceeding $15,000. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. 49 KENAI CITY COUNCIL MEETING JUNE 4, 2008 PAGE 11 f€-3. ®rdinasxce AIo. 2318.204$ -- Increasing Estimated Revenues and Appropriations by $501,632 in the Urea Storage Building Fund for Construction. Introduced by approval of the consent agenda. ET-4. CYrdis~ance No. 2319-200$ -- Amending the Ethias Rules for Elected and . Appointed Officials and City Employees lay Amending the Esdsting KMC 1.85.060 and 070. Introduced by approval of the consent agenda. H-5. P3rdiaanee No. 2320-200$ -- Amending KMC 1.90.030 to Permit Appointment of Up to Two Members to Certain Advisory Boards, Commissions or Committees Who are Non-Residents of the City of Kenai Providing They Work at Least One-Half Time Within the City. Introduced by approval of the consent agenda. H-6. Daseussion -- Harold Daubenspeck Memorial Referring to the letter included in the packet, Mayor Porter requested the city purchase a tree and memorial plaque to be placed at Memorial Park in memory of Harold Daubenspeck. MOT1ON: Council Member Eldrscige i~®~D to purchase a tree and plaque at Memorial Pazk in memory of Harold Daubenspeck. Council Member Molloy SECO19'DED the motion. V®2`E: *Student Representative Johnson: Yes Smalle ,Yes Eldrid e Yes Ross 'Yes ~ Molloy Yes ~ Boyle Yes ,Porter I Yes Swazner Yes ~ ~ _ _ ~ ~ M83TIO1V PASSED UR~NIMCIUSLY. A resolution and proclamation were requested to be prepared honoring Harold Daubenspeck as well. Eg-7. ~ippsoval -- Vacation of Hayes Avenue, a 30-foot right-of-vray adjacent to the north boundary of Lots 1 and 4, dedicated by Youngblood-Warren Subdivision (PIat KN 628); within Section 31, Township b North, Range 50 KENAI CITY' CQUNCIL MEETING JUNE 4, 2008 PAGE 12 11 West, Seward Meridian, Alaska; within the City of Kenai and the Kenai Peninsula Borough; KPB File 2008- i01. With taking no action, council would not object to the vacation. Council took na action. ITEM Y: GOMMISSIOPI/COMMITTEE REPORTS Y-l. Connexl an Aging -- Council Member Eldridge reported a meeting would be held on Thursday, June 12, 2008. T-2. .Airport Commission -- Council Member Molloy reported the next meeting would be held on Thursday, June 12, 2008. I-3. Harbor Commission -- Council Member Boyle reported the next meeting would he held on Monday, June 9, 2008. I-4. Library Gommission -- Council Member Smalley reported a meeting was held on June 3, 2008 and reviewed the discussions and actions taken. I-5. Psrks & Recreation Commission -- Council Member Eldridge reported the next meeting would be held on Thursday, July 3, 2008. I-6. Pla.aniztg & Zonsng Commission -- Mayor Porter noted the minutes of the May 28, 2008 meeting were included in the packet and reviewed actions taken. i-7. Miscellaneous Gomsagissiofas anti Gom~triittees I-7a. Beautiircatien Committee -- Council Member Swarner noted the planting day was scheduled for Saturday, June 7. I-7b. Alaska Municipal League Report -- Council Member Smalley reported the summer meeting would be in Wrangell and he planned on attending. I-7c. Mini-Grant Steerixag Gommittee -- Mayor Porter reported on grant awards made at the May 22, 2008 meeting. ITEM J: REPORT OF THE MAYOR -- Mayor Porter reported the following items: o She attended the Wounded Warriors barbecue. ® There were two new businesses in Kenai, i.e. Sharp's Billiards and Alaska Direct file and Stone. The Boy Scout Troop would no longer be putting out flags along the highway. City Manager Koch noted, in the absence of another volunteer group doing this service, the city would take aver the responsibIlity. Clerk Freas was requested to prepare athank-you letter to the Boy Scout Troop for the Mayor's signature. 51 KEtiAI CITY COUNCIL MEETING JUNE 4, 2608 PAGE 13 • Referring to the Tri-Borough Commission to the Governor and Legislature added to the packet relating to the Alaska natural gas pipeline, council had no objection to a similar letter being prepared with all council signatures and sent. • A "Freedom Salute" for returning National Guard troops was being planned with a parade and service in Soldotna. Council had no objecfions to a request to provide a cake for the occasion. YTEM K: ADMIRTISTRATI(3N REPORTS K-I. Citq Manager -- City Manager Koch reported the following: • In August, amounts raised at a college fundraiser to donate to senior meals would be known. • Orange fencing had been instaIled at the north beach to protect the dunes. Administration would be investigating placement of elevated walkways over the dunes, with platforms and signage as 60J25 funding was available through NRCS. • He met with representatives of the University of Alaska related to the term of lease; additional meetings would be held; the University agreed to respond to the City's January letter; and, a condition survey w>as performed of the property and building. • The irrigation project specifications for Leif Hansen Memorial Park would be available in the following week with a bid award before council in July. • Bid approval for the Marathon Road project would be in July. • Due to the cost of fuel, the two camp host applicants would not be making the trip, however the search was continuing. • The court system contacted him and discussed leasing of the city-owned Iot adiacent to the court house (east side) to use for parking; the court system received funding through the Legislature; the city would construct a parking area with a long- term lease (35-55 years); rent would be about $3,500 a year, the paving would be an airport project; and, the airport would receive the benefit of the lease. Council consensus was supportive. • A bear was shot in VIP Subdivision; lots of bear activity in the 3W and Vahalla Subdivisions, and, administration may need to enact a bear safety area. • Research was being done with regard to the Kenai River Special Managemont Area boundary and when it was set. Information will be brought before council. • He spoke with representatives of the Denali Commission related to possible grant funding available in 2009. • In the next 60 days, he would like to discuss priorities with council as it was imperative to get them included in the Governor's budget. He would be bringing something back to council for consideration. Mayor Porter noted her support of purchasing fertilizer locally as well as appreciation with regard to Koch's no-idle memorandum. 52 KENAI CITY COUNCIL MEETING JUNE 4, 2005 PAGE 14 Porter noted an opening on the Planning 8v Zaning Commission and the application of Kuri Rogers. Concern was expressed that since Rogers had appeared before council about issues in his residence area, whether he could have a conflict if there are future issues in that area. City Attorney Graves stated Rogers could have a conflict of interest on specific issues that he had testified on ni the past, Council Member Ross stated he believed it was important those issues be addressed before Rogers was seated. Mayor Porter stated she would speak with Rogers. K-2. Attoraey -- City Attorney Graves reported the following: • He had received some comments with regard to the proposed ethics ordinance. • He and City Clerk Freas were worlang on financial statement form and resolution to place the question on the ballot. The items would be included in the next packet. Ii-3. City Cleric -- No report. ITEM L: DISCiTSSI0Y+7 L-i. Citizens (five minutes) Bob Peters, OId Town, Kenai -- Commented on the fencing placed to protect the dunes and a recent newspaper article related to the Kenai beach use. L-Z. Council Swarnex -- Stated she was glad to be back from her vacation and was happy to see the summer banners being placed. Smalley -- Stated he also was glad to see the banners being placed and welcomed Student Representative Johnson. Eldridge -- Welcomed Johnson and Swarner (back from her trip). Johnson -- Stated she was excited to lae the new student representative and planned to continue until she graduated from high school. She noted she would be gone for two months and back after August 9. Ross -- Welcomed Johnson. Mollop -- Welcomed Johnson. Boyle -- Welcomed Johnson; thanked administration for cooperafing with the Work Force Development Canter's project; and, suggested an ordinance be considered to protect the south beach dunes, similar to the one introduced for protecting the north beach dunes. 53 KENAI CITY COUNCIL MEETING JUNE 4, 2008 PAGE l5 Pox'cer -- Thanked administration for the city hall. parking lot being cleaned and handrails painted. ITEM M: PENDING LEGISLATION (This item lisfs legislation which will be addressed at a later date as noted.) EXECUTIVE SESSION -- Annual Evaluation of City Clerk and City Manager MOTION: Council Member Swarner MOVED to convene in an executive session of the Council of the City of Kenai concerning matters that could tend to prejudice the reputation and character of another -- to continue annual evaluations of the City Manager and City Clerk, with Council speaking with the City Clerk first and then the City Manager. Council Member Molloy SECfDNDED the motion. VOTE: M®TYON PASSED UNANIMQUSLY. CONVENED TU EXECUTIVE SESSIS~N: 8:45 P.M. I2ECl`BNVENED Td COUNCIL MEETING: I1:38 P.M. Council Member Swarner reported in the executive session council discussed the evaluations of the City Manager and City Clerk and council directs an ordinance be prepared reflecting City Attorney, City Clerk and City Manager salaries. ITEM N• ADaTOURNMENT There being no further business before the Council, the meeting adjourned at approximately 11:40 p.m. Minutes submitted by: Carol L. Freas, City Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shad be cast prior to the official council note and shall not affect the outcome of a vote. Advisory vvtes shall be recorded in the minutes. Student representatives may not move or second items during a council meeting. 54 9 w `° ~ Cmi, M Q ~ ~ ~ Co Q M N b 3 ° ~ ~ 4 a Q ~ -J ~ N Ci --~ Cfi 5 d W ~ a o ' o n > ~ ~ ~ , i w I A Y 1 ~ ~ O ~ U W [ ~ ~ O ~ t°v m U ~ a S 'a w m w ~ c ~ r P 1 •• 6 V i U ~ a ~ u a '~ z I ~ J W Vi J K9 Q w ~ ¢~ I Z ~ ~ ~ N N L1 L7 CL ~+ 5,,, d. t!1 ~ Z 55 J d 4 V Z 8 V d !J1 W o iy O O r o W vi ~ ~ ~ W O ~ U' ~ ~ ~ ILt ~ d d U Z o O ~ ~ m z O h ~ ~ ~ m d ~ -i °a a w W laii ~ Q C~lt .- Q U J J K ~ U g¢U ~ T D to D J a it ~~ eat~ O N ? d W O ik fi. a w Q °o °o M W ~ tS7 M 7 ~ ~ M r ~ N Y Q O O O O ~ 4 M I~ n "' ~ w 0 w ~ O Wr LLf ~ Z ~ Q- O p ~ ~ .~.~ D K ¢ N K ~ a U~ O W d ~~ a ~ ~ ~~ 4 ~ ¢~ ' Z o~ V o~ a ~- ~' co ~ ` i o c C `' m Q i. w ~ i m C4 ~ ~ h ~ ~ o ~ W W Q 4 U F- Lt! F- U Q ~ ~ C5 ~ ~ }` oo ~ °o °o O O O O O O O q 9~ tit W N M 003 M Y 3 i ~ 0. ry F^ W ~ ~ to otS ~.-' e!3 ~. 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Q ~ Q h W ~_ Z 0. ~ J ¢ ¢ CY ~ T "Vi'lla~e wit~t a Fast, pity witiGt a ~r~tr~~°e" ~;ryf,, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~ayy~~rai ,~;~ Telephone: 9fl7-283-7535 /FAX: 907-283-3014 t - ~-+~- 1992 Elif Lit 0 f KENA~ SKA s 'fO: City Council /~}i~ FROM: Rick Kach ~" DATE: June 12, 2008 SUBJECT: New Water Weil Program, Purchase Order Number 830$0 The Administrationxecommends approval of the purchase order to Hattenburg, Dilley & Linnell in the amount of S 36,846 for contract amendment number seven. The scope of work proposed. under this unendment is to drill one additional discovery well on city property near the intersection of Spruce Street and 2"d Avenue, and. to sample a shallow aquifer in the vicinity of Eagle Roclc, following the collection of data from these two tasks it is the intent of the administration to present the findings of this program, identify options/alternatives, and make recommendations to the Council in a work session, so that a project may be developed for construction during the 2009 construction season. Thank you for your attention 9n this matter. If you should have any questions please contact me at your convenience. attachment 58 NATTENI3URG OILLEY & LINNELL Engineering Consultants June 12, 2008 Mr. Rick Koch, City Manager City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611-7794 Re; Praposal to Drill and Evaluate A Water Well at Northwest Corner of Spruce Street and Second Avenue and Additional Water Sampling, Kenai Alaska Dear Mr. Koch: Per your request, Hattenburg Difley & Linnell (HDL) is pleased to present the following proposal for drilling and evaluating a water well located on the northwest comer of Spruce Street and Second Avenue in dgwntown Kenai, Alaska. Our previous proposal dafed March 12, 2008 and April i, 2008 and approved by Amendments#5 and #6 was to drill three test holes. These test hole were advanced in the groundwater encountered contained arsenio in levels above the aliawable maximum cohtammant level of 10 parts per billion: This proposal presents our scope of work for one test hale located in the northwest portion of the City. In addition we will sample a previous welt dri4ed at the Eagle Rock landing. SCOPE OF WORK The scope of work will consist of drilling an additional test hole to between 400 and 450 feet in depth at Secohd and Spruce; conducting water quality testing; sampling the Eagle Rock landing wa4i; and repotting. At the End of this task, vJe vJiY have determined if the site at Second and Spruce has water giiaiity favorable fOr rtew Water VJeii. Test Hole Drilling The test hole will be drilled by air rotary equipment to no deeper than about 450 feet. Soils wil! be sampled as they are brought up in cuttings by the drilling action, and drilling will cease when an aquifer has been reached. Aquifer water will be sampled by lowering a bailer through the casing and manually retrieving a water sample. Field filtering may be necessary to remove excess particulate matter. This process will be repeated to test deeper aquifers. Weil fogs will be prepared far the test well drilled based on the sot( cuttings that are observed. We will notify you 24-hours in advance of the drilling days so that you maybe present during the drilling. An engineering geologist from our office will be on-site during the drilling in order to evaluate the nature of the soils, collect samples, and to observe the drilling acton. Scott Hatten6urg, pE Eagle Roek Well Samoling There were two wells advanced at Eagle Rock landing. The firsf well was drilled to 57 feet Lode Dilley, Pe~cpc in depth and had perforations placed in the casing for the bottom 10 feef {47 to 57 feet). Dennis Linnefl, pe Water was encountered from 27 tc 50-feet. A 2-foet thick coal seam was encountered from David Lundin, PE 3335 Arctic Boulevard Suite 1D0 Anchorage Aleska 99503 Phone: 907.564.2720 =Fax: 907.654.2722 808 South esiley Street Suite 102 Petrner C~glaska 99645 Phone: 907.746.5230 Fax: 907.746.5237 RE: Spruce Street Water Welf June 92, 2008 Page Z of 2 50 to 52 feet and then more water was encountered. The second well encountered similar conditions and was drilled to 90 feet. An artesian aquifer was encountered from about 55 to 90 feet. This aquifer was sampled and had arsenic levels of 35 cab. Since that time the first well has been capped. We propose to sample the first well. The water will be from 47 to 57 feet. We then will plug the bottom of the well, bring the casing up, and pump the water out in order to sample water between 27 to 37 feet. This will provide twn water samples; one from 47 to 57 feet and one from 27 to 37 feet. The upper sample will be above the coo( layer at 50 to 52 feet. Wafer Quality Sampling The collected water samples will be submitted for laboratory Testing. The analytical test package will be arsenic, iron, manganese, color and chloride. The water quality testing will take about 3 weeks for a report. We anticipate encountering three to six aquifers at the Second and Spruce Street site. AnalVSis and Report We will analyze the results of The chemistry to determine 'rF an aquifer. has potential for the new water well. We will provide to the City a field memo and final memo indica#ing our results. We wll( include the results of the well logs far the new test hole, water quality test results, a description of the fieldwork, laboratory analysis, and our recommendations. SCHEDULE We can begin work as soon as the notice to proceed is received. We anticipate that preparation far field work will take about two weeks. This additions! well will be drilled during the same field time as the previously approved wefts. The drilling .and will take about three days. Water quality samples can be collected during the drilling and the standard turnaround time is 3 weeks. A draff analysis and .report can be developed about two to three weeks after the results are obtained. COST PROPOSAL Attached for your use is a detailed fee breakdown dated June 72, 2008. The estimated costs are on atime-and-materials (T&M} basis for $36,846. ff you have any questions please do not hesitate to contact the undersigned. __. Sincerely, Hattenburg Di(1ey & Linnelt, LLC. i ~~ ~~ Lorie M. Diiley, P.E./C.P.G. Principal Geotechnical Engineer Attachment: Fee Proposal HATrENBURG ~ILt_FY&llNNELL /"O EnAlneetlnp Consultants. Project: Spruce Street Weif Client: City of Kenai Date Prepared: 6/12/2Q08 HDL TASK TASK ACTIVITY QTY RATE LABOR SUB5 -REIMS TOTAL 1.1 One 450' Test Holes -Drilling ........... ...... ...... . ............. $ ..25,294 Project Manager 8 hrs @ $ 130 $ 1,040 -Staff Scientist 40 hrs @ $ 75 $ 3,000 Mob& Demob 1 ea @ $ 1,OOD $ 1,OD0 Drill Rig & Crew 450 ff @ $ 43 $ 19,350 Per Diem (staff) 4 days @ $ 15D $ 600 . Misc. 1 ea @ $ 300 $ 300 1.2 Eagle Rock Sampling ...... ... ......... . .. ........ ......:............ $ 5,664 Project Manager 2 hrs @ $ 130 $ 260 Staff Scientist 10 hrs @ $ 75 $ 75D Mob& Demob 1,aa @ $ 400 $ 4D0 Drill Rig & Crew 10 hrs @ $ 400 $ 4,D00 ,Per Diem {staff) 1 days @ $ 150 $ 150 Misc. 1 ea @ $ 100 $ 100 1.3 Wafer Quality Testing _ ...:'....... .. ... .... ... ......... ............. $ ` , 2,470 Project Manager 2 hrs @ $ 130 $ ' 26D Staff Scientist 6 hrs @ $ 75 $ 450 Class A N~ater!n+ei( Suite 8 ea @ $ 220 $ 1;760 1.4 Analysis 8 Memo .. ... .......... .... .... ............. .... ............ ................... $ 3,264 Project Manager 16 hrs @ $ 130 $ Z,O80 Staff Scientist 16 hrs @ $ 75 - $ 1,200 Suhtatal 9,044 24,750 2,910 36,100 5% Markup 146 .146 TAS151 TOTAL 9,44D 24,754 3,056 :36,846 _ Pag~~f 1 Suggested by: Administration CITY OF KENAI OI2DINa1~ICE N®. 2321-20018 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $250,000 IN THE LIBRARY EXPANSION CAPITAL PROJECT FUND AND $750,000 IN THE STREET AND SEWER CAPITAL PROJECT FUND FOR PUBLIC IMPROVEMENTS. WHEREAS, the City of Kenai was awarded a grant from the State of Alaska for $1,000,000 for public improvements; and, WHEREAS, the $1,000,000 can be used for any public improvement; and, WHEREAS, the Library Expansion Project is grant eligible; and, WHEREAS, it is in the best interest of the City of Kenai to use $250,000 of this grant as funding for the Library Expansion Project; and, WHEREAS, the City's Capital Improvement Plan has identified street improvements that need to be funded; and, WHEREAS, it is in the best interest of the City of Kenai to appropriate $750,000 in the Street and Sewer Capital Project Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Labra_+-v Expansian Capital Project Fund Increase Estimated Revenues: State Grants $250,000 Increase Appropriations: Construction $250,000 Street and Sewer Capital Project Fund Increase Estimated Revenues: State Grants $750,000 Increase Appropriations: Construction $750,000 62 Ordinance2321-2008 Page 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of July, 2008. PAT PORTER, MAYOR ATTEST: -- Carol L. Freas, City Clerk Introduced: Adopted: ,7 Effective: Approved by Finance: ~ (06 J I O/ 2008) Yii June 18, 2008 July 2, 2008 July 2. 2408 63 MY~~,\ _'~ _~. tke tcty a f ~;~' t(ENA~ SKA "Valla~e with a Past, Gc'ty with a Fr~etr~r°e'~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~ ~~~~ Telephone: 907-283-7535 /FAX: 907-283-3014 i~ ~~ 1°92 MEMO: TO: City Council FROM: Rick Koch DATE: June 12, 2008 SUBJECT: Ordinance Number 2321-2008, Sta#e Grant, $ 1 Million far Public improvements Administration recommends Council approval of the above referenced ordinance. The purpose of this actio» is to appropriate a state grant contained in the SFY 04 capital budget that becomes effective July 1, 2008. hr a conununication to Govenror Palin and dffice of Management anal Budget Director Rehfeldt regarding the anticipated use of the State grant, we identified using $ 250,000 for design activities associated with the Library expansion, $ 250,000 for the Bluff Erosion Project, and $ 500,000 far roadway improvements. This appropriation provides $ 250,000 for the Librar}' expansion and $ 750,000 for roadway improvements. At tlvs time we are not recommending appropriating funds to the Bluff Erosion Project until the li.S. Corp of Engineers completes the pre-engineering. preliminary environmental report, and their report has been presented to the administration and. Council. Thank you. fox your attention in this matter. if you haue any questions please contact me at your earliest convenience. 64r Suggested by: City Council CITY OF KENAI ORDINANCE NO. 8322-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PLACING ON THE BALLOT FOR THE NEXT GENERAL ELECTION THE QUESTION AS TO WHETHER THE MUNICIPAL OFFICERS OF THE CITY OF KENAI SHOULD BE EXEMPT FROM THE PROVISIONS OF THE STATE OF ALASKA FINANCIAL DISCLOSURE STATUTES (AS 39.50). WHEREAS, AS 39.50 was amended in 2008 to include that "municipal officers" report the amount of their income in addition to the sources of income over $1,000; and, WHEREAS, under AS 39.50.200, the term "municipal officers° includes the City Manager, members of the planning and zoning commission; the Mayor and Council Members; and, WHEREAS, elective and appointive positions require a great expenditure of time in the public interest with little monetary compensation; and, WHEREAS, compliance with the requirement that municipal officers report the amount of their income in addition to the sources of income over $1,000 will drastically discourage and limit the number of persons willing to commit to public seivice;and, WHEREAS, the Alaska Public Offices Commission (APOC) intends to place the fmanciai disclosure information, including the amount of income, on its internee site; and, WHEREAS, decreasing the quantity and quality of those willing to participate in public service for the City of Kenai will be a significant detriment to the citizens of Kenai; and, WHEREAS, the City of Kenai has its own financial disclosure and conflict of interest ordinance in KMC 1.85 which does require reporting of sources of income, but does not require reporting the amount of incame; and, WHEREAS, AS 39.50.145 provides that a municipality may exempt its municipal officers from the requirements of AS 39.50 if a majority of the voters vafing on the question at a general election vote to exempt its municipal officers from such requirements; and, WHEREAS, if the voters approved exempting muniaipal officers from the requirements of AS 39.50, the conflict of interest rules and financial disclosure requirements of KMC 1.85 would still require reporting of sources of income; and, GrJ Ordinance No. 2322-2008 Page 2 of 2 WHEREAS, .the Kenai City Council believes that the eaters of the City of Kenai should be given the opportunity to decide whether or not the municipal officers of the City of Kenai should be exempt from the requirements of AS 30.50. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that there shall be placed on the ballot for the regular city election of October 7~, 2008 with the appropriate proposition number to be designated by the City Clerk, the following question: "Shall the City of Kenai municipal officers and candidates far municipal office be exempt from the State of Alaska requirements under Alaska Statutes 39.0, effective 2008, regarding reporting and financial disclosure requirements, business and conflicts of interests provisions and INSTEAD, be required to file a City of Kenai Financial Official Disclosure Statement, according to Kenai Municipal Code 1.85, that will be subject to public disclosure, as well as be subject to local laws regarding conflicts of interest?° PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of July, 2aos. FAT PORTER, MAYOR ATTEST: Carat L. Freas, City Clerk Introduced: June 18, 2008 Adopted: July 2, 2008 Effective: August 2, 2008 66 ®`~'c~f~e t~it~t a Pest, ~it~ it~a ~ ~~tc~~`e„ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (967) 283-7535 /Fax: (907) 283-3Q14 www.ci.kenai.ak.us tkeeiyof ~j'~ iAl, ALAS I~I~1tiI C3I2~l~I~Ul~ TO: Mayor Porter and fire I{enai City Council PROM: ~,~ Cary R. Graves, City Attorney DATE: June 12, 2008 R>J: Ai'pC Ballot Proposition Included in this packet is an ordinance authorizing a ballot proposition to exempt municipal officers and candidates from the provisions of AS 39.50. Originally the idea was to have the ballot proposition authorized by a resolution, Section 10-8(a} of the Kenai City Charter allows the Council to place propositions on the ballot by resolution or ordinance . PIowever, AS 39.50.145 slates that such a ballot proposition "may be submitted by the csty council ar borough assembly by ordinance or by initiative election." (Emphasis added). Given the language of the statute, the Cleric. arad I agreed that Council's authorization should be by ordinance rather than resolution. Please let me lrnow if you have any questions. 67 Suggested by: City Attorney CLTY f3F KEN.4I t9RDENANCE NO. 2323-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 1.85 BY: 1) UPDATING THE FINANCIAL REPORTING REQUIREMENTS FOR MUNICIPAL OFFICERS AND CANDIDATES CONTAINED IN KMC 1.85.020; AND, 2) INCLUDING THE MEMBERS OF THE PLANNING AND ZONING COMMISSION IN THE DEFINITION OF "MUNICIPAL OFFICER IN KMG 1.85.070; AND, INCLUDING STOCKBROKERS AND FINANCIAL ADVISORS IN THE LIST OF PROFESSIONALS SUBJECT TO MODIFIED REQUIREMENTS IN KMC 1.85.030. WHEREAS, the financial reporting requirements for municipal officers and candidates in KMC 1.85.020(b}(1} incorporated by reference the state's requirements in AS 39.50.030(b) as of 1996; and, WHEREAS, the State of Alaska has amended the requirements of AS 39.50_030(b){1) since 1996; and, WHEREAS, it is in the best interest of the City of Kenai to update the reporting requirements in KMC 1.85; and, WHEREAS, if there is a conflict in the state and city reporting requirements, the more stringent rules prevail ouer tkie Tess stringent; and, WHEREAS, it is in the best interest of the City to specifically delineate the reporting requirements in KMC 1.85 rather than incorporate a state statute by reference; and, WHEREAS, the changes to the city's financial disclosure requirements in this. ordinance require reporting sources of income over $1;000 for municipal officers and candidates, and the officer's or candidate's spouse, dependent children and non- dependent children residing with the officer or candidate, but do not require the reporting of amounts of income; and, WHEREAS, current definition of "municipal officers contained in KMC 1.85.070 does not include members of the Planning and Zoning Commission, but city Planning and Zoning Commission Members are including in the state financial disclosure reporting requirements; and, WHEREAS, members of the Kenai Planning and Zoning Gommission should be included in the definition of "municipal officer" under the city's financial disclosure requirements in KMC 1.85. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAi, ALASKA, that KMC 1.85 is amended as follows: ~$ Ordinance No. 2323-2008 Page 2 of 4 SECTION ONE 1.85.OBt3 ~oateats of statement. (a) The statement filed by a municipal officer or candidate under this chapter shall be an accurate representation of the financial affairs of the municipal officer or candidate and shall also reflect the business interests and sources of income far the officer's or candidate's spouse, dependent children, and non-dependent children residing with the officer or candidate, to the extent those sources of income or business interests are ascertainable by the officer or candidate. Household goods and personal effects need not be identified. (b) The statement filed shall include the following information relating to the municipal officer or candidate and the officer's or candidate's spouse, dependent children and non-dependent children residing with the officer or candidate. (1) [THAT INFORMATION REQUIRED TO BE REPORTED BY THE STATE publicly traded corporation need not be included; (~ The identify and nature of each inter officer or candidate and municipal officer's or candidate's spouse dependent children onh~ if the loan or ~aarantee was made or the indebtedness incurred durine the 69 extent of the beneficial interest in it: Ordinance No. 2323-2008 Page 3 of 4 ll A Iist of all contracts and offers to contract with the state or an instrumentality of the state during the preceding calendar year held, bid. or offered by the municipal officer or candidate and offacer's or candidate's spouse, dependent children and non-dependent children residing with the officer or candidate, a partnership limited liability or professional corporation of which the person is a member or a corporation in which the municipal officer or candidate and officer's or candidate's spouse dependent children and nondependent children residing with the officer or candidate. or a combinafion of them hold a controlling interest; ll A list of all mineral timber oil or any other natural resource lease held, candidate and the officer's or candidate's spouse. dependent children and non- them, holds a controlling interest; j81((2}) A list of alI contracts, bids, ar offers to contract with the Citq of Kenai during the preceding year, by the municipal officer or candidate, and the officer's or candidate's spouse, dependent children and non-dependent children residine with the officer or candidate including those made through a proprietorship, partnership, limited liability company or corporation in which [HE OR A MEMBER OF HIS FAMILY) children and non-dependent children residan~ ~enttx the otticer or canaraate or a combination of them, holds a controlling interest; ll[(3)) A description of each business or financial dealing, transaction, or arrangement over $1 000 by amunicipal officer or candidate and the officer's or officer or candidate entered irxto with any oilier municipal officer of the City of iienai. (c) The statement shall lae filed on a form prescribed by the City Clerk. SECTION TWO 1.85.030 Modafie8 requirements for professioaals, Notwithstanding other provisions of this chapter, medical doctors, dentists, psychologists, certified public accountants, stock brokers or fmaneial advisors and attorneys are not required to disclose, as sources of income, the names of individual patients or clients who receive professional services. Spouses of medical doctors, dentists, psychologists, certified public accountants, and attorneys are not required to disclose the names of their spouses, individual patients, or clients who receive professional service. This exemption shall not apply to the identity of any corporation or other business entity having a contract with the professional producing income of $5,000 ar more for services to its members or a defined group, par to the identity of clients receiving services that do not fall within the candidate's or official's field of professional expertise. 70 Ordinance No. 2323-2008 Page 4 of 4 SECTION THREE I.8S.tD7F7 Dei°anitions as rased in this chagter (a) "Municipal Officer" means the Mayor, City Manager, Members of the Gouncil, Members of the Plannine and Zonine Commission, City Attorney and City Clerk. PASSED BY THE COUNCSL OF THE CITY OF KENAI, ALASKA, this second day of July, 2D08. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: June 18, 2008 Adopted: July 2, 2008 Effective: August 2, 2008 71 rr~l~/G~~ Lt/G~~ R P~~t, Gt~/ LiIG~ iat~t"err ~,~~~~~. ! 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 -- - Telephone: (907) 283-7535 /Fax: (907} 283-3014 `. -- -° - ~ www.ci.kenai.ak.us flee city of KENq~ SKA ~ ~~ TO: ~ Mayor Porter and the Kenai City Council FROM: C ~_ro Cary R. Graves; City Attorney DATE: June 12, 200$ RE: Financial Disclosure Ordinance {No. 2323-2068) In this packet is Ordinance No. 2322-2008 authorizing a ballot proposition to exemptmunicipal officers and. candidates from the state APOC requurements of AS 39.50. If the ballot proposition passes, the city's financial disclosure ordinance will take over. However; when KMC L85.020 was amended in 199& it incorporated the reporting requirements of AS 39.50.030(&). See Attaclunent "A." KMC 1.85.020{b)(1) now reads that, "The statement filed shall include the following information relating to the municipal officer or candidate and the officer's or candidate's spouse, dependent children and non-dependent children residing with the officer or candidate. Tliat infbnnation required to be reported'bvfthe_state under AS 39.50.030(&1." (Emphasis added), The reference to AS 39.50.030(&) can be interpzeted to two ways. It can be intezpreted to mean AS 39.50.030(&) as it was in 1996 when it was incorporated by reference or AS 39.50.030(&) as it is now. The difference is important since AS 39.50.030(&) has had si~riticant changes since 1996. Included in the changes is the 2008 requirement that amounts of income be reported. It is my interpretation that the reference to AS 39.50.030(&) in the ordinance means that the state taw as is was in 1496 is incorporated. The common law rule is that incorporation by reference to specific law incorporates only the provisions referred to at the time of adoption without subsequent vnendments unless there is an express statement (e.g. "as amended") or strong implication of the intent to incorporate subsequent amendments. Singer, SuCherland StaduCOry L'o~zstruction, Section 51.0.8 at 270 (6"' ed. 2000). A copy of AS 39.50.030(&) as it was in 1996 is included as Attachment B. Tt is also noteworthy that Planning and Toning Conunissioners are not required to file disclosure statements under KMC 1.85 since they are not included in tha definition of "Municipal Officer" 72 under KMC 1.85.070. That section defines "Municipal Officer" as the Mayor, Council Members, the City Attorney, City Manager and C'tty Clerk." I fhought that given the proposed ballot proposition, KMC 1.85 should be amended to clarify the reference to AS 39.50.030(b} and to include Planiur_g and Zoning Conunissioners. Given the timeline before the election, the changes needed to be introduced for introduction on the June 18a', 2008 meeting. That does, however, leave plenty of time for amendments to the ordinance at the public hearing on July 2, 2008. Please let me know if you have any questions. 73 Suggested by: Council CITY OF KENAI ORDIlVANCE NO. 1701-96 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KI:NAI, ALASKA, AMENDING KENAI MUNICIPAL CODE 1.85.020(b) TO REMOVE SOME CONFLICTS BETWEEN STATE AND CITY REQUIi2F.Iv1ENT5FQR FINANCIAL DISCLO5URE AND REPORTIIVG CONFLICTS OF INTEREST. WHEREAS, the State of Alaska reporting requirements for financial disclosure and conflict of interest under AS 34.50.630 are generally more strict than the reporting requirements under KMC 1.85.020; and WHEREAS, when the reporting requirements are in conflict the City must follow the more restrictive of state or city law; and WHEREAS, it is in the best interest of the City of Kenai to structure its canfliet of interest and disclosure requirements to more closely coinoida with the State of Alaska's requirements; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT KMC 1.85.020(b} is amended to read as follows: 1.85.020 Contents of Statement: (b} The statement filed sha11 include the following information relating to the municipal officer or candidate and the officer's or candidate's spouse, dependent children and non-dependent children residing with the officer or candidate[.j; (1) [THE SOURCE OF ALL TCOME OF $1,000 OR MORE rnncrvnr, n c DnrIDENDS OR rnrrFUEc't~ Tn~t..:information _renuired to be lw~..i.u v uu rtu reported by the state under A5 39 50 03ptbl; (2}~ ['i'HE SOURCE OF ALL OTHER .INCOME OVER $5,000 INCLUDING CAPITAL. GAINS, RECEIVED DURING THE PRECEDING CALENDAR YEAR] A list of all contracts bids or offers to contract with the City of Kenai during_the roreceding_year includine those made throueh a proprietorship partnership or corQoration in which he or a member of his family or a combination of them hold a controlline interest; (3} [THE NAME AND ADDRESS OF EACH BUSINE55 ENTITY OWNED OR IN WHICH AN INTEREST WAS .HELD DURING THE PRECEDING CALENDAR YEAR, INCLUDING A STATEMENT OF THE NATURE OF THE INTEREST OWNED OR HELD] A description of each _ [(4} THE NAME AND ADDRESS OF EACH BUSINESS IN WHICH HE IS AN OFFICER, DIRECTOR, MANAGER, OR EMPLOYEE DURING THE PRECEDING CALENDAR YEAR; F4t IY09..a1~JV1.CItlT ae rtaa (5} A DESCRIPTION OF EACH INTEREST IN REAL PROPERTY AND A STATEMENT OF THE NATURE OF THE INTEREST OWNED; (6) EACH LOAN, LOAN GUARANTEE, OR OTHER INDEBTEDNESS OF $5,000 OR MORE, INCLUDING THE IDENTITY OP THE MAKER OF THE LOAN ANB EACH CREDITOR AND T"rIE NATURE AND TERMS OF THE TRANSACTION; (7} A LIST OF ALL CONTRACTS, BIDS, OR OFFERS TO CONTRACT WITH THE CITY OP KENAI DURING THE PRECEDING YEAR, INCLUDING THOSE MADE THROUGH A PROPRIETORSHIP, PARTNERSHIP, OR CORPORATION IN WHICH HE OR A MEMBER OF HIS FAMILY, OR A COMBINATION OF THEM, HOLD A CONTROLLING INTEREST; (8) A LIST OP EACH MINERAL, TIMBER, OIL, OR OTHER NATURAL RESOURCE LEASE HELD, OR LEASE OFFER MADE DURING THE PRECEDING CALENDAR YEAR, INCLUDING THOSE HELD OR MADE BY A PARTNERSHIP OR FROPES5IONAL CORPORATION, OR A CORPORATION IN WHICH THE OFFICER, CANDIDATE, HIS SPOUSE OR CHILDREN, OR A COMBINATION OP THEM, HOLD A CONTROLLING INTEREST; AND, (4) A DESCRIPTION OP EACH BUSINESS OR FINANCIAL DEALING, TRANSACTION, OR ARRANGEMENT ENTERED INTO WITH ANY OTHER MUNICIPAL OFFICER OF THE CITY OP KENAI.] PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA; this day of June, 1496. ATTEST; Carol L Freas, City Clerk Introduced: June 5, 1996 Adopted: June 1.9, 1996 Effective: July 19, 1996 May 15, 1996 (sp) 7rJ 1,85.020 Contents of Statement: (a) The statement filed by a municipal officer or candidate under this chapter shall be an accurate representation of the financial affairs of the municipal officer or candidate and shall also reflect the business interests and sources of income far the officer's or candidate's spouse, dependent children, and non-dependent children residing with the officer ar candidate, to the extent those sources of income or business interests are ascertainable by the officer or candidate. Household goods and personal effects need not be identified. (b} The statement filed shall include the following information relating to the municipal officer or candidate and the officer's or candidate's spouse, dependent children and non- dependent children residing with the officer or candidate: (1} 'That information required to be reported by the state under AS 39.50.030(b}; (2} A fist of all contzacts, bids, or offers to contract with the City of Kenai during the preceding year, including those made through a proprietorship, partnership, or corporation in which he or a member of his family, or a eambination of them, hold a controlling interest; (3} A description of each business or financial dealing, transaction, or arrangement entered into with any other municipal officer of the City of Kenai. (a) The statement shalt be flied on a form prescn'bed by the City Clerk. 76 Search - 2 Results- as 39.50.030 Page 1 of 3 .S.ul,cti Careyrt. j r'rerir„;vnc:~ j 9ipn OR i t~~'r"t~P Adv~sor;Counse9 Selector Source:.) egai > / ... / > AK • Alaska Statutes, 1996 tn" Terms: as 39.50.030 (Edit ~epr,Gh. (Suggost' T.e_.r_ms for My_$garch ~ FO~dback_on Your Search) +Select for FOCUST"^ or Delivery r,; F;., Alaska Stat. § 39.50.030 ALASKA STATUTES Copyright ©1962-1996 by The State of Alaska Ail rights reserved. *** ARCHIVE MATERIAL *** *** THIS SECTION IS CURRENT THROUGH THE 1996 SUPPLEMENT *** *** (1996 REGULAR & 1ST SPECIAL SESSION OF THE LEGISLATURE) *** TITLE 39. PUBLIC OFFICERS AND EMPLOYEES CHAPTER 50. CONFLICT OF INTEREST Alaska Stat. § 34.50.030 (1996) Sec. 39.50.030. Contents of statements .In!clrY i ~`'.. (a) Each statement shall be an accurate representation of the financial affairs of the public official or candidate and shall contain the same information for each member of the person's family, as specified in (b) of this section, to the extent that it is ascertainable by the public official or candidate, An asset or liability under $500, household goods, and personal effects need not be identified. (b) Each statement filed by a public official or candidate under this chapter shalt include the fallowing: {1) the cnitrre of a!I income aver $100 during the precedingca!endar year, including taxable a,^.d nontaxable capital gains, received by the person, the person's spouse or dependent child, or a nondependent child of the person who is living with that person; - (2) the identity, by name and address, of each business in which the person, the person's spouse or dependent child, or a nondependent child of the person who is living with that person was a stockholder, owner, officer, director, partner, proprietor, or employee during the preceding calendar year; (3) the identity and nature of each interest awned in any business during the preceding calendar year by the person, the person's spouse or dependent child, or a nondependent child of the person who is living with that person; (4) the identity and nature of each interest in real property, including an option to buy, owned at any time during the preceding calendar year by the person, the person`s spouse or dependent child, or a nondependent child of the person who is living with that person; {5) the identity of each trust or other fiduciary relation in which the person, the person's spouse or dependent child, or a nondependent child of the person who is living with that person held a beneficial interest during the preceding calendar year, a description and identification of the property contained in each trust or relation, and the nature and extent of the beneficial interest in it; htip://www.lexis.com/research/retrieva? ~ ~~~~~77~ t1~Be ~e967b&docnum=2& frntstr--... 6/12/2008 Search - 2 Results - as 39.50.030 Page 2 of 3 (6) any loan or loan guarantee made to the person, the person's spouse or dependent child; or a nondependent child of the person who is living with that person, and the Identity of the maker of the loan ~r loan guarantor and the identity of each creditor to whom the person, the person's spouse or dependent _'hild, or a nondependent child of the person who lives with that person owed $500 or more; (7) a list of all contracts and offers to contract with the state or an instrumentality of the state during the preceding calendar year held, bid, or offered by the person, the person's spouse or dependent child, a nondependent child ofi the person who is living with that person, the person's mother or father, or a corporation in which the person or the person's spouse or children, or a combination of them, hold a controlling interest; and (8) a list of ail mineral, timber, oil, or any other natural resource lease held, or lease offer made, during the preceding calendar year by the person, Che person's dependent child, a nondependent child of the person who is living with that person, the person's mother or father, a partnership or professional corporation of which the person is a member, or a corporation in which the person or the person's spouse or children, or a combination of them, holds a controlling interest. (c) [Repealed, ~ 26 ch 25 SLA 1975,] HISTORY: (1974 Initiative Proposal No. 2, § 1; am §§ 3, 4, 26 ch 25 SLA 1975) NOTES: OPINIONS OF ATTORNEY GENERAL. --Requiring an attorney who is a public official to disclose the names of clients, including the clients of the firm, is valid and legally supportable; and disclosure of such names does not violate any constitutional or professional privileges, February 15, 1985 Op. Att'y Gen. NOTES TO DECISIONS TO DETERMINE THE VALIDITY OF THE DISCLOSURE PROVISIONS OF T.HE CONFLICT OF INTEREST LAW, Both the nature and the extent of the privacy invasion and the strength of the state interest requiring disclosure must be considered. FaICOtilt..y, Alaska. Pub O~fices,GQmm'n~ 570~g~d 469.jRias(ca 1977_,. CERTAIN TYPES OF INFORMATION COMMUNICATED IN THE CONTEXT OF THE PHYSICIAN-PATIENT RELATIONSHIP FALL WITHIN ACONSTITUTIONALLY-PROTECTED ZONE OF PRIVACY, Falcon v. Alaska Pub. Off ice5_Cuilim'n,.570 P`~d 4p9.(AiasKa._I977~_ PA-fIENT OF A PHYSICIAN IS A CLIENT FOR MEDYCAL SERVICES and fails within the scope of this chapter. Fa,l,con v._glaska Pub. Offices Comm'n, 570 P.2d 469 (AI_aska 177 . AND SOURCE OF INCOME. --The Conflict of Interest law encompasses a physician's individual patients as sources of income. Fa[c~n._y• Alaska Pub. Offices Comm'n, 570 P.2d 46~.(Alaska 1977). REPORTING INDIVIDUAL NAMES OF PHYSICIAN'S PATIENTS. --Until appropriate regulations are promulgated, the Conflict of Interest law may not be applied so as to require reporting the names of individual patients of a physician. Falcon v. Alaska Pub. Offices Cor ia_m'LL, 570 P.2d 469 (.Nla_s.ka 19~,.. APPLIED IN Warren v. Thomas _568 P.2d 400 (Alaska 197_J7 USER NOTE: For more generally applicable notes, see notes under the first section of this article, chapter or title. Source: )rregal > ! ... ! > AK -Alaska Statutes, 19961,°~„~`~y~'! Terms: as 39.50.030 {Edlt_`~.ft~fch. I $uggegt.I~ttt~s_for M,y_Search. ~ F~Pdbap{~ or~Ygur Sesrgh,) View: Full tate/Time: Thursday, Juns 32, 2006 - 5:43 PM EDT http://www.lexis.corn/researehlretrieve?_m=a91 a9I022c0165g?f7208f36e967b&docnum=2&_fmtstr=... 6/12/2008 Search - 2 Results - as 39.SOA30 Page 3 of 3 Search ~ Rese..arFh Tasks ~ Get_e Do~Um~nt ~ ~hepard'sO ~ Alerts ~ Transactional AF1vi_spr ~ C,pURSei._Seleetpr History. I Deiiverv Manager I SwiYCh~i~p~ I P[efeseua~s I San Off I N~In. ~1'!~ Lib9ut L~XiSNgxys ; Tgrlit~`.~ ~AOd3tipns I S4nka,ck..~!s. Cg~yrlgh~.Q 2008 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. http:/!www.lexis.corn/research/retrieve?_m=a91a91022cOh~ 65f9f7208£36e467b&docnum=2&_fintstr=... 6!12/2008 CTT~ ®F KENAI 20Q9 Pt1BLIC ®FFICIAL FINANCIAL DISCLQSURE STATEMENT SACKGROUND %NFORMATLON 1. This report is for City of Kenai board and commission members; incumbent City of Kenai municipal ofFcers; City of Kenai municipal candidates; and incumbent Mayor and Council Members. 2. This report is for the preceding calendar year, so include any infarmatian about financial interests held between 3anuary 1, 2008 and December 31, 2008. 3. You must show your financial interests and those held by your spouse, non-dependent children residing with you, or dependent children during the preceding calendar year. 4. If you need help, call the Kenai City Clerk at (907) 283-7535, extension 231. 5. SIGN THIS REPORT ON THE LAST PAGE. NAME: (Phane) (Fax number) OCCUPATION: MAIL%NG ADDRESS: (Current Street Address or Past Office Box) {E-Mai! Address) fCity(Town and Zi®Code) OFFICE HELD OR SOUGHT OFFICE: TERM OF OFFICE: Frnm to TITLE: TYPE OF STATEMENT (CHECK ONE): ^ CANLIIDATE STATEMENT Must be filed with your declaration of candidacy ^ INITIAL STATEMENT Por newly appointed municipal ofFcers ^ ANNUAL STATEMENT hue by March ZS. DEPENDENT CHILDREN: NON-DEPENDENT CHILDREN RESIDING WITH S® S~HE[SULE A SOURCES OF INC®ME ®VER Si,000 Salaried Emplovment If N®NE reportable, check box ^ Report the name of each employer who paid you, your spouse, non-dependent children residing with you, } dependent children more than $1,000 during calendar year 2008. If Name of filer, spouse, or child Employer's Name: Name of filer, spouse, ar child Employer's Name: Name of filer, spouse, or ch!!d Employer's Name: Name of filer, spouse, or child Employer`s Name: Self-Employment If NONE reportable, check box ^ List the name and address of each self-employment business that was a source of income of more than $1,000 for you, your spouse, non-dependent children residing with you, or dependent child during calendar year 2007. Yf the business !s non-retail, list the first and last name of each client or customer who paid the business over $1,000. Self-employment includes: sole proprietor, partnership, limited liability company, shareholder in a professional corporation; or if you held (individually or with another family member) more than 50°/a of the gt~rk in a rgrpbratlt7n. Name of filer, spouse, or childa Business Name: Retai! ^ Non-Retail ^ (If you check non-retail, list clients customers below.} Name of client/customer: Name of filer, spouse, or Business Name: Retail ^ Non-Retail ^ Name of client/customer: (If you check non-retail, list clients/customers below.) 20Q9 City of Kenai Financial Disclosure Statement Page 2 81 SCHEDULE ~ SOURCES OF INCOME OVER $1,000 Rental Income If NONE reoortabie check box ^ List the first and last name of each tenant from whom over $1,000 was received during calendar year 2008. If propeety is 3ocated outside Alaska and managed 6y a person other than you, your spouse, non- dependent children residing with you, br dependent child, you may list the managing agent instead of listing each tenant. Owner (flier, spouse, or child} Tenant(s) Report the name of the source of all dividends, interest and capital gains over $1,006 earned during CALENDAR YEAR 2008 such as Dean Witter Money market Acct, or CD's in ABC Bank. List the name(s) of the asset(s) (not in a retirement account) which paid you, your spouse, or child dividends, interest or capital gains of mare than $1,000 last year such as IBM stock or Cordova Munic;pal Bonds. (Report the assets of a retirement account or crust on page 6): Recipient (filer, spouse, or chiid} Name of Source of Income Recipient (flier, spouse, or child) Name of Source f r I c List the source of gifts which have a value of or cumulative value of more than $250 exce t gifts received from a spouse, domestic partner, parent, child, sibling, grandparent, aunt, uncle, niece or hephew. Some examples of gifts include: cash, a debt that is forgiven, scholarships, and discounts not extended to the general public. Recipient {filer, spouse, or chiid) Name of Source 2009 City of Kenaf Financial Disclosure Statement Page 3 82 SCHEDULE B BUSINESS INTERESTS Business Interests If NgNE re ortabie, check box ^ Report all business interests even if they were not sources of income to you, your spouse, non-dependent child residing with you, or dependent ehlid during calendar year ~OO8. List ownership interests of more than $1,000 as a shareholder in publicly traded stocks, that are not Fisted elsewhere an this form. (A list of the names of publicly traded stocks such as IMB or Intel may be listed by name only on a separate page.) + List ownership interests in non-publicly traded companies such as a sole proprietor, sharehalder, owner, partner, officer, or director including ownership interests in native corporations. + List interests in limited liability companies. List director or officer position in profit and non-profit organizations. Describe the business activity with suffic(ent detail to tell a reader what the organization actually does. Naive of filer, spouse, or Business Name: Business Address: Nature of Interest: Description of Business's Activity: Name of flier, spouse, or Business Name: Business Address: Nature of Interest: Descriptian of Business's Activity: Name of flier, spouse, or chile Business Name Business Nature of Description of Business's Activity Name of flier, spouse, or chit Business Name: Business Nature of Descriptian of Business's Activity; 2009 City of Kenai Financial Disclosure Statement Page 4 83 SCHEDULE C RE~4L PRQPERTY INTERESTSlRENT TC9 ®WN It NONE Report all properly interests such as your home, neighboring lots, rent to own home, rental property, vacant, recreational, business property or limited partnerships including real estate interests heVd ire an LLC; or held through a trust or sold during calendar year 2008. Include a street address, city and state aC complete legal description for each piece of property listed. do not use mile post markers or post office boxes. Use copies of this page if you need additional space to compVete this section. Name of fifer, spouse, or Street Address or Legal Description:. City or Borough and Nature of Interest: (Option to Buy, Ownership, Leasehold) Name Of filer, spouse, or child: Street Address or Legal Description: City or Borough and State: Nature of Interest: (Option to Buy, Ownership, Leasehold) Name of filer, spouse, or childc_ Street Address or Legal Description: City or Borougri and State: Nature of Interest: (Option to Buy, Ownership; Leasehold} Name of fifer, spouse, or child; Street Address or Legal Description: City or Borough and State: Nature of Interest: (Option to Buy, Ownership, Leasehold) Name of filer, spouse, or child: Street Address or Legal Description: City or Borough and State: Nature of Interest: (Option to Buy, Ownership; Leasehold) 2009 City of Kenai Financial Disclosure Statement Page 5 Current Use (Optional) Current Use (Optional) Current Use (Optional) Current Use (Optional} Current Use (Optional) 84 SCHEDULE O BENEFICYAC INTEREST YN TRUSTS & RETIREMENT ~aCCOUNTS Exceeding $1,®®0 Trusts & Retirement Recounts Yf NONE re ortable cheek box ^ Report each beneficial interest in a trust or retirement account held by you, your spouse, non-dependent children residing with you, or dependent children that exceeded $1,000 during calendar year 2008. Retirement accounts include emoiovee benefit accounts (pension and profit-sharing[ agx:puntsl and retirement accounts PIRA 40SK. SEP or Keoahl. Assets of a trust or retirement account include stocks, bonds, mutual funds, cash accounts, CD's, real property. • Name the trustor (the ep rson ar emolover who provided the funds or assets for the trust or retirement account). If a trust or retirement account is self directed, also list the assets by name such as IBM stock or Templeton Growth Fund. Name of filer, spouse, or child: Extent of Interest (Percent) Name of the person, employer or entity who provided the funds or assets (Trustor). Name(s) of the stocks, bonds, mutual funds or other assets contained in the retirement account or trust. Name of filer, spouse, or child: Extent of Interest (Percent} Name of the person, employer or entity who provided the funds or assets (Trustor). Name(s) of the stocks, bonds, mutual funds or other assets contained in the retirement account or trust. Name of filer, spouse, or child: Extent of Interest (Percent) Name of the person, employer or entity who provided the funds or assets (Trustor). .Name(s) of the stocks, bonds, mutual funds or other assets contained in the retirement account or trust. Name of filer, spouse, or child: Extent of Interest {Percent) Name of the person, employer or entity whn provided the funds or assets Names} of the stocks, bonds, mutual funds or other assets contained in the retirement account or trust. 2009 City of Kenai Financial Disclosure Statement Page 6 85 SCHEDULE E LOANS LOAN GUARANTEES AND DEBTS OF $I.000 OR MORE NATURAL RESOURCE LEASES Leans, LoarrGuarantees, and Debts Tf NONE repartabie, check box u Report the name of each creditor or lender to whom more than ~I,000 was owed during calendar year 2008 by you, your spouse, nan-dependent children residing with you, or dependent children. List ftnancial obligations including mortgages on property sold during calendar year 2008; loans that have been guaranteed; delinquent taxes, alimony, child support payments; medical bills; mortgage, boat and auto loans; business and personal loans; escrow's; student loans; signature loans; and promissory notes. Loans include secured, unsecured and contingent loans. Do not report credit card obligations or revolving charge accounts. Circle whether the entity is a lender. creditor or auarantor. Name of Debtor (filer, spouse, or child) Name of Debtor (filer, spouse, or child) Name of Debtor (filer, spouse, or child) Name of Debtor (filer, spouse, or child} Name of Debtor (filer, spouse, or child} Name of Lender/Creditor{Guarantor Name of LenderlCreditor/Guarantor Narne of LenderJCreditor/Guarantor Name of Lender/CreditorjGuarantor Name of Lender/Creditor/Guarantor Name of Debtor.(flier, spouse, or child) Name of Lender/Creditar/Guarantor Leaseholder Nature of Lease Indicate: Bid, held, or offer made Identity of Lease and Description Leaseholder Nature of Lease Indicate: Bid, held, or offer made 2004 City of Kenai Financial Disclosure Statement Page 7 Identity of Lease and Description 86 SCHEDULE F GOlfERNi~ENT CONTRACTS AND LEASES Cantracts and Offers to Contract If NONE re actable, check bax ^ List all contracts and offers to contract with the state or instrumentality of the state or a municipality during calendar year 2008 held, bid or offered. Report this information for yourself, your spouse, non-dependent children residing with you, or dependent children who was a sole proprietor, a partnership or professional corporation of which you are a member; or a corporation in which you or your family members listed above (or a combination of them) held a controlling interest. Name{s) of Contractor Indicate: Bid, held or offer made Name{s) of Contractor Indicate: Bid, held or offer made Contracting Agency/Department Contract number and description Contracting AgencyJDepartment Contract number and descriptian SCHEDULE Ee CONTRACTS AND OFFERS TO CONTRACT SMITH THE CITY OF ICENAI Cantracts and Offers to Contract If NONE re actable check box ^ List all contracts and offers to contract with the City of Kenai during calendar year 2068 held, bid or offered. Report this information for yourself, your spouse, non-dependent children residing with you, or dependent children who was a I sole proprietor, a padnership or professional corporation of which you are a member; or a corporation in which you or your famtly members listed above (or a combination of them) held a controlling interest. Name(s) of Contractor Indicate: Bid, held or offer made Name(s) of Contactar Indicate: Bid, held or offer made Name(s) of Contractor Indicate: Bid, held or offer made Name(s) of Contractor Indicate: Bid, held or offer made 2049 City of Kenai Financial Disclosure Statement Page S Contracting Agency/Department Contract number and description Contracting Agency/Department Contract number and description Contracting AgencyJDepartment Contract number and description Contracting Agency/Department Contract number and description 87 SCHEDULE N business or Financial Dealing If h1DNE reportable, check box ^ List all business or financial dealing with any municipal officer of the City af;`Kenai during calendar year 2008. Report this information for yourself, your spouse, non-dependent children residing with you, or dependent ch+Idren who was a sole proprietor, a partnership or professional corporation of which you are a member; or a wrporation in which you ar your family members listed above (or a combination of them) held a controlling interest. Name of filer, spouse, ar child:. Business Name: Business Address: Nature of Interest: Description of Business's Activity:_ Name of filer, spouse, or child:, Business Name; Business Address: Nature of Interest: description of Business's Activity:_ Name of filer, spouse, or child: Business Name: Business Address: Natei ira of Tntorect; Description of Business's Activity:_ Name of filer, spouse, or child: Business Name: Business Address: Nature of Interest: Description of Business's Activity:_ 2449 City of Kenai Financial Disclosure Statement Page 9 $g CERTIFICATI®N I certify under penalty of perjury the information in this Statement is to the best of my knowledge, true, correct and complete. A person who makes a false sworn certification which he or she does not believe to be true is guilty of perjury. SIGNATURE DATE Printed Name of Filer Place Where to file this Statement: MUNICIPAL OFFICIALS AND CANDIDATES -- File Statements with the Kenai City Clerk 210 Flelalgo Aven~se Kenai, AK 99611 Telephone: (907) 283-7535, extension 231 Fax: (907}283-5068 2009 City of Kenai Financial Disclosure Statement Page SO 89 Suggested hy: Council GIT3~' OF KENAI EA~I3INANCE NO. 2325-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE CODE VIOLATION FINE SCHEDULE IN KMC 13.10.015 TO INCLUDE A STANDARD FINE OF $500 FOR TRESPASS IN VIOLATION OF KMC 13.20.036. WHEREAS, 1{MC 13.20.030 prohibits trespass on the North Shore sand dunes area where they are marked no trespassing; and, WHEREAS, under KMC 13.05.010 the maximum penalty for violating the municipal code is $500.00; and, WHEREAS, in order to protect the environmentally sensitive North Shore sand dunes, a standard fine in the amount of $500.00 should be set for that offense; and, WHEREAS, it is in the best interest of the City of Kenai to include a violation of KMC 13.20.030 in the code violation fine schedule of Kenai Municipal Code 13.10.15 with the standard fine set at $500.00. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 13.10.015 is amended as shown on Attachment "A.° PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of July, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: June 1.8, 2008 July 2, 2008 August 2, 2008 90 13.10.015 Minar offenses amendable tc disposition without court appearance by payment of a fiae. In accordance with AS 28.05.151, a citation issued for violation of any of the following sections of this title shall be subject to disposition with payment of a fine in lieu of a court appearance ar as otherwise prescribed. Violations committed within CODE VIOLATION FINE SCHEDULE CITE RULE/OFFENSE FENE RULES OF ROAD 1 13 AAG 02.050(a} Driving on right required $ 75.00 i 2 ~ 13 AAC 02.050(b) Slower traffic to keep right 75.00 I ~ 3 ~ 13 AAC 02.055(a) j Overtaking on right ! 150.00 4 13 AAC 02.060(c) Restrictions on driving left of center 150.00 ~ 5 i 13 AAC 02.065(a) Overtaking on left i 150.00 6 ~ 13 AAC 02.070 Passing vehicle proceeding ir_ opposite ; direction 100.00 7 13 AAC 02.075(b) 3 No passing zone ~ 150.00 ~ 8 13 AAC 02.090 Following too closely 100.00 9 13 AAC 02.080(b-c) Wrong way on one-way street 150.00 I 10 13 AAC 02.085(a) Driving on roadways laned for traffic / Improper lane change 75.00 ', ' 12 13 AAC 02.095(a) Vehicles restricted from controlled access roadway j 100.00 I i 11 ~ 13 AAC 02.095(e) ~ Controlled access roadway, entering or exiting ~ E 75,00 ~ 1 i i 13 13 AAC 02.545(b} Driver to exercise due care 150.00 ' 14 AS 28.35.045(a) ,Negligent driving 300.00 j ~ RIGHT-OF-WAY 15 13 AAC 02.010(a){3)(A) Failure to stop for steady red traffic signal $150.00 ~ 16 13 AAC 02.120(a) Vehicle approaching intersection 90.00 1.7 13 AAC 02.125 Vehicle turning left 150.00 18 13 AAC 02.130(b) Failure to obey stop signs i 100.00 19 ~ 13 AAC 02.130(b-c) Failure to yield. after stopping ar at yield sign 150.00 20 13 AAC 02.135(b) ~ Btop and yield from private road or driveway 100.00 21 13 AAC 02.140(a-b) Failure to yield to emergency vehicle I 150.00 Ordinance 2325-2005 Attachment °A" Page 1 0£4 91 PEDESTRIAN RIGHTS AIVD DUTIES ~ 22 13 AAC 02.150 Pedestrian to obey control devices and ~ regulations $ 40.00 23 F 13 AAC 02.155(a) Driver to yield to pedestrian in crosswalk 100,00 j 24 13 AAC 02.155(b) ~ Pedestrians to use due care 50.00 125 I 13 AAC 02.155(c) ' ~ Driver not to pass vehicle stopped for j pedestrian 75,00 26 13 AAC 02.155(d} j Pedestrians to use right half of crosswalk 25.00 27 13 AAC 02.155(e) ~ Driving through safety zone 75.00 ~ 28 13 AAC 02.160(a-f) ~ Pedestrian crossing not in crosswalk t~ la 40.00 29 i i3 AAC 02.160(e) Prohibited pedestrian crossing 40.00 ; 36 ~ l.3 AAC 02.I60(d) Pedestrian crossing at other than righi angle 25.00 31 13 AAC 02.175 Illegal wallcing on roadway 40.00 32 13 AAC 02.180 ,Pedestrians soliciting rides or business 50.00 ; 33 ~ 13 AAC 02.190 Driver to yield right-of-way to blind pedestrians I50.00 ~ TURNING AND STARTING 34 ~ i I3 AAC 02.200(a-c) Turning movement prohibited or restricted $75.00 35 13 AAC 02.205(a-b) Improper U-turn 75.00 i j ~ 36 i3 AAC 02.210 ~ improper start from parked position I 75.00 37 13 AAC 02.215(a-f} Turning movements and required signals ~ 75.00 I CITE RULEjOFFENSE FINE ' ' SPECIAL ST®P'S REQUIRED I 38 13 AAC 02.257 Emerging from alley, driveway or building ~ $100.00 39 13 AAC 02.265 Stop required when traffic obstructed 75.00 40 13 AAC 02.325(e) Overtaking and passing school bus 3-19 ~ $ 8.00 per mile 41 I 20 or more over 12.00 per mile ' SI9EED RESTRICTIONS 42 I3 AAC 02.275(a) ~ Safe speed under certain hazardous conditions (BASIC SPEED) $90.00 ` i Ordinance 2?25-2005 Aflachment "A" Page 2 0; 4 92 43 13 A.AC 02.275(b) I Speed violations-Designated limits 3-19 8.00 ~ per mile 44 ~ j ; , 20 or more over ~ 12.00 , per mile 45 '. 13 AAC 02.280(a-d} ~ Speed violations-Altered limits 3-19 d 8.00 i per mile 46 20 ar more over 12.00 I j per mile 47 Minimum speed violation; impeding traffic ~ 60.00 48 13 AAC 02.325(4) Speed violations-School zones 3-9 12.00 per mile 49 ( 10-19 over I 14.00 ~ ~ per mile 50 i 20 or more over 16.00 per mile '! C7~"F-Y2OA£b VEHICLES I 51 ; KMC 13.40.020(a-f} Off-road vehicle operation $100.00 52 ~ KMC 13.40.030 Special stops required 90.00 53 KMC 13.40.050 Helmet required 100.00 , 54 KMC 13.30.080 'Operating vehicle in a prohibited area 100.00 i A1viz~cALS - ( i SS , ~ Interference with peace or privacy {1st ~ KMC 3.10.010 j offense} ~ $ 50.00 56 I K_NIC 3.10.010 I Interference with peace ar privacy {2nd offense) 100.00 57 KMC 3.10.020{a, b !, Control and confinement of animals {1st and d) ,offense) 50.00 58 KMC 3.10.020(a, b ~ Control and confinement of animals (2nd and d} 'offense} 100.00 I 59 KMC 3.20.010 Failure to license a dog ~ 25.00 PARKING 60 ' KMC 13.10.060 Camping on private property $50.00 61 KMC 13.30.035 Paid parking 50.00 62 KMC 13.30.095 I Parking prohibited on Kenai Avenue ~ 50.00 63 KMC 18.35.010 Overnight camping ' 50.00 64 13 AAC 02.340 ~ Parking, stopping on highway 50.00 64 AR 6.05.010-030 I Parking at Airport First offense 25.00 - 66 I Seeand offense 50.00 I Oi~finanoe 2325-2008 Attachinenf "A" Page 3 of 4 93 .o-iBP.NI?C11~tED f JUSlTYs VEIiICLES f LITTERINCx 67 ' f KMC 1220.010 Deposit ofrefuse (littering) ~ ~w500.00 j - 67 ~ KMC 1225.020 Abandonment of vehicle 100.00 68 KMC 12.25.030 Junk vehicle ~ 100.00 PROFEItTY OFFENSES 70 KMC 1320.030 Protection of North Shore sand dunes 500 ~ GENERAL - j70] i 71 ~ y offense under Title 13 of the Alaska Administrative Code which has been An incorporated by reference under KMC 13.30.OI0 and is not listed qn this fine schedule shall have a fine amount as provided by the State in Administrative Rule 43. L Ordinance 2325-2008 Anachment "A" Wage 4 of 4 94 ~a KY~~M~ _ II fffff ~~ tke u'Ly o f evil „~'~ll~~e r~v~f~i a ~~st GE tvit~t ~ ~e~~r~~e„ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 !Fax: (907) 283-3014 www.ci.kenai.ak.us 1VIElVI~RA.I~I3Ul~I TO: Mayor Porter and Councilors FROM: ~ ~ Cary R. Graves, City Attorney DATE: June 12, 2008 RE: North Shore Sand Dune Trespass Fine Ordinance 2325-2008 is included in the packet. It sets the standard fine for trespass on the North Shore Sand Dune at $500. The administt~ation thought the Council might want to consider atwo- tiered fine Level for trespass on the North Shore sand dunes. The idea would. be to have the fine at $500 for a trespass that involves physical daniage to the dunes and $150 for trespass that doesn't involve physical damage. The idea is to differentiate between someone simply walking across the no trespass area and more directly harmful activities. One person walking over fhe dune does not alone cause a lot of harm. However, collectively lots of people walking over the dunes do cause significant harm. One the other hand, one person driving, camping or setting a beach. fire can cause significant harm. If Council is interested in this approach the matrix attached to the ordinance should be changed as follows: PROPERTY OFFENSES 70 KMC 13 20 030 Protection of North Shore Sand Dunes-no phvsical damaee $150 71 iKMC 13 20 030 Protection of North Shore Sand Dunes-phvsical damaee $500 Please let me know if you have any questions. 95 "~i~~~e ttii past, Gi~y u~~~~ r~tr~ve `` 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~`~ ~~ ~• Telephone: (907) 283-7535, Ext. 236 /FAX: (907) 283-3014'~~~~1 m ~ 1492 ~~ tl~e city o f ~~ 1®111111 1 \ ~ dl V TO: Rick Koch, City Manager ~! FROM: Wayne Ogle, Public Works Director~~.N ~~ ~ l E~~O~ DATE: June 11, 2008 SUBJECT: Thompson Park LID - 2008; Ohange Order 1 At the City's invitation, Alaska Road Builders, Inc. submitted a proposal to pave Shamrock Circle for the amount of $31, 650. The Shamrock Circle Paving LID 2008 is a follow-ah to the subject project. The contractor agrees to complete all work, including Shamrock Circle, by the 30 September 2008 final completion date. William J. Nelson & Associates has submitted a proposal for inspection services for a not to exceed fee of $4,710. Sufficient funding for these purchase orders are from FY2006 Street and Sewer Projects: 753.450.8098. The proposal for paving Shamrock Circle of $31,650 is less Phan the proposed assessment far the Local Improvement District which was estimated at $40,710. recommend the City Council approve the expenditure of these funds for the subject project. 96 C.O, SENT TO ON C.O..APPROVED BY ON CITY f7F KENAI CHANGE ®R®ER N(~. ~ PAGE 1 OF 1 PROJECT: Thompson Park Paving LID 2008 GATE: tt-Jun-DB CONTRACTOR: Alaska Road Builders, Inc. YOU ARE HEREBY REQUESTED TO COMPLY WITH THE FOLLOWING GRANGES FROM 7HE CONTRACT PLANS .AND SPECIFICATIONS: ITEM NO. DESCRIPTION OF CHANGES -QUANTITIES, UNITS, UNIT PRICES, CHANGE IN COMPLETION SCHEDULE,. ETC. INCREASE OR DECREASE BID SCHEDULE -Shamrock Circle Paving LID 2008 20.OB Leveling course 2" Thick: 350 Ton @ $24.00/Tan $ 6,400.00 20.21 Grade Existing Surfaces: Lump Svm @ $2,200.00 $ 2,200.00 40.02 2" Thick AC Pavement Class C: 160 Ton @ $100.00/Ton $ 18,000AO 70.08 Adjust Mainline Valve Box to FG; (1) Lump Sum @ $300.00 $ 300.00 70.12 Adjust Geanout to FG: (1) Lump Sum @ $500.00 $ 500.00 90.04 Traffic Maintenance; Lump Sum @ $1,500.00 $ 1,500.00 90.05 Sawcut Existing Asphalt: Lump.Sum @ $500.00 $ 500.00 70.19 Traffic Markings {Stop Bar): Lump Sum @ $250.00 $ 250A0 See attached Shamrock Circle Bid Schedule. NET CHANGE IN CONTRACT PRICE DUE TO THIS C.O. $ 31 650.00 v n,vvuc nv NAI-TIIv1Y. IOi7S C.O.S CI3AT'GE ORDER CONTRACT T7. RL' C;HANGL IN iNAL CONTRACT AMOUNT lOUS CHANGE ORDHRS CHANGE ORDER SED CONTRACT AMOUNT $ ATTACHED TS JUSTIFICATION OP EACH ITEM ON TffiS CYL4NGL', ORDER. THIS C.O. [SNOT VALID UNTIL SIGNED BY'fHE OWNER. CONTRACTOR`S SIGNATURE INDICATES HIS AGREEMENT' Hlii2EWR'H, INCLUDING AN'Y ADJDSTMENT IN TTIE CONTILSCT SUM OR CONTRACT' TIME. [NF E N G E R CONTRACTOR OWNEf2 } F y / ~ A7E' ~ ° ® Pr` ~ DATL^: DATE: 97 --.. ~_ .u uo nu nuuwu„uc,a iun ttu, JVILVL1LiJ Ii Ui 44482 Frontier Ave 5oldotna, RK 99669 Phone: 262-9140 Fex: 262-1213 .fir A1,aska RoadBulders Ym¢ City of Kenai / ATTN: Jan Taylor Frone~ Blake Ha~ina Fax: 263-3Q14 6 (including this caner) Pteone:283-7535 _._ Da6e: fi10611}8 Re: 8ri~nroelc CGacie 1.10 2006 ~' ^ IJegeM ~ For Revi®w ®Pleas® GommeaR ^ Please reply C3 Pleas® Raey®le Jan, Please find atkached our quotation for the subject RFP. Thank yau. 81atc8 Harding 98 wvv „u xt•~o iur urao Ra i~uavuuriuero SIJN.2.2008 1~45PM C27Y OF KENRI City of it,rnai Shamrock Cfrcis Paving t.it3 2DOa Basic B9d 5chedula inn rrv, ov ~cuucta f. UC N0.®2B P.2i6 Eatimatpd unlf Hid Yctaf Bfd ~ ttom Ctesorip~an end Wrltt®tt Unit Price to Warda Quantity Pricy Price p fJp 20.06 lcav®fjng Course 2°' Thlck Bbd ~ ~ ~' U ~~p oj- Exlsting Surtaces 1 ~~-d~ o° 40,02 2"Thiele AC Pavemant 180 ~~~ Uj ~. ,~ ~ C9ass G ~~ ~~ Per Ton Ton 10.06 Adaust Malnllna Valve Sox to 1 `'%" °~' irinish Grade ~~ ~'~ ~ Par i_um Sum LS r; °;s T0.12 Ad)ust Giaanouf to Flnlsh Grede 1 ~~~ ~~ ~J' ~ ~ , ! t ~ 9U,04 Traffic Maintenance 1 ~ -~' ~~ ~r ,~jt3 Par bum Surn t.3 9D.6$ Sswout Existing Asphalt 1 Syr f `~~ C' d~ ~~ Par lump Sum _ . __ ~ _~ 1 Fa®= +~u ~ ~ ~~U 99 oun-uu-cuuo rni 11~J4 nu ntas~a naaeou accts JUN. 2.2008 S~45PM CITY Or KEt9FlT Gity of ifanai Shamrack Circie PaYring t_1D 2QO8 Basic Bid Seheduia 1'nll IYV~ JVILULt L1J I~ uU N0.029 P.3i6 item ® esatiption end'Writtcn Unlt Pt9ce in Wordy Eatimmtrd U Duant P nit B(d T Hca P otel Bid eter 70.19 Traffic Markln9g (SAP Bar} Fsr Lam sum 1 L5 ~ / rJf ~ ,,-~) i i ~-.. O"_ Q PaFl® mil: y ~ y J if o v ~v.rv .~.r as u~ uu u~uanu uv¢uvu~~uc~a i~tll Nv. vV iLVL1LLJ 1~ UY ' _ N0.02H P.4i6 SUN. 2.28 1~45PM C2TY OF KENRS Clt}/ Of K@I f8t S#samrack Cirsie PaviriS Lfi~ 28Q8 Basic Bid Schedeal~ Summary ~v r' Todai For Baeic Bid Soheduio, ~ (Bid Pcioe in Vyorde) ~®d ~ ~r~t~~~®) Title:- ~"%"~ 3 1~1 N0.028 P.Si6 SUN. 22008 1:45PM CITY bF KEPIRI, „ . _._ _._...,...._..,.._.... i3t054N ^'U.9J.,K~1$~S r, .. 9~lim-~ .,-uv~-..e_ ~ ~ r®./B aR ~d s~ 1B~p95 cF ~ y y°rpp46,E ~ r m 88 3 ..q /8 ~ pQ a c~'e. n .t s80'6+ SHAMaOCK 6t~2B~°9 ~ 1 mt p e CIRCLE f •~ 6 3 °a $ 9.968 Frt 4yi x•8 f~' D.dP®aA, 5 ~ j r~ ~ Q J 8 aaa a° s. sa ae Illa care. cc m°~•p o~ 3a'» 9a' ~ faUXO B.uq. M02 ' Ie6b ! ~ ~ ~ ,~ ~ 1/.p58 a./, i r ai ~~e ~~. .n Vo HIA4J \°3~ ol_11Sf.R9~ _~....`r~___ .. __ ~ p®e>o9'le°e-sal.ao 8 dA2+8 19D3, 014rt. aa. ~y •en q®o.~lC, 0 p ' C p. Q O O .0 ~ m- w ski eC Ina spR. B4M MON,a 1®63 r ~1y~v~Fd Ci ri }( JV ~~. a ptARr+EY riR. ADCIca. W o~ i!!n a 4$ 4~ \ ` ed G41A TMI iJ ~tL ~ N4 ~~ 3 ~ prn J ,I R ~ '~ m 102 103 __ ___.. _.. ,..-.,.,, N0.028 P.6i6 Proposa] to Provide Engineering Serviees S3aaaaarock Circte PnvSng LII? 2008 CITY I)P' KENAI, ALASKA. Reeeived JUPd 3 1 20f~ Submitted By: Wm. J. Nelson & Associates 155 Btdarka Street Kenai, Alaska 9911 June 11, 2008 104 .~ ~f CONSULTING ENGINEERS 155 81DARKA STREET (907) 283-3583 3une I1, 2008 Rayne Ogle, City Public Works Director City of Kenai 210 Pidalgo .Kenai, Alaska 99611 Re: Shamrock Circle -Inspection Proposal Dear Mr. Ogle, My fee proposal for the Shamrock Circle LID is attached. STRUCTURAL CIVIL ENVIRONMENTAL KENAI, ALASKA 99611 FAX (907) 283-0514 I will be the Principal in charge of this project. I will provide project review and design input. Blake Larson, PE will be the design engineer and Joe Jolly will be our quafity confrol field inspector. I propose to provide the design and construction inspection for this project for aNot-to lrxceed fee of $4,710. An estimated fee breakdown is attached for your review. Sincerely, 105 CONTENTS PROJECT MANAGEMENT Narrative SCOPE W ORIC PLAN COST PROPOSAL Project Budget for LID Paving Hnproveznents Fee Schedule for Additional Services 106 PROJECT' 1VIANAGEMENT tiVm. J. Nelsen, PE wi1I be the principal responsible for the completion of the inspection services. Adr. Nelson wilt be the contact for the City and will be in attendance at the public hearings, utility meetings, etc. Mr. Nelson will also coordinate and supervise the work of others on the project. ?Vjr. Nelson. will provide in-house design review anal supervision of the work as it progresses. :Blake Larson will be the design engineer for the project and Joe Jolly will be the field inspector. SCOPE The project Scope includes the provision of Construction Inspection services for paving improvements to for the Shamrock Circle Paving LID. This street is currently maintained by the City of Kenai and was built to City standards and it is assumed that the road prism consists of all non frost susceptible gravel and sand. As a result, only minimal excavation in the road prism will be required for this pauing project. Excavation will be limited to shaping and grading the road surface in preparation for paving. It is assumed that no significant profile changes, or snbgrade excavation will be required except far minor reshaping of the surface material as may be needed to establish a road crown. Design drawings will include profile elevations to match the original read improvements, adjusted as required for the leveling course and paving to be added by this proj ect. Existing drainage patterns will be maintained and drainage will be directed to existing ditches along the road. Existing driveway culverts and cross culverts will be left in place, unless they are found to be ineffective, hi which case they will be evaluated and replaced on a case by case basis. Specific Street included in tixe project are: Shamrock Circle iVCDRK PLAN TASK ~: Construction Inspection * Act as the City's representative to monitor compliance with plans, specifications and design intent. * Conduct pre-construction meeting with contractor, review submissions regarding schedule, subcontractors, bonding, insurance, issue NTP. * Provide construction observation as required to assure compliance with contract plans and specifications. * Determine actual quantities of bid items installed as required for determining payment to Contractor. * Log daily activities, provide daily field report. 107 * .Direct changes consistent with design but made necessary due to fteld conditions which do not affect project schedule or budget. * Prepare necessary change orders with justification, cost backup and classify as to change in scope, changed conditions or error/omission by the consultant. '" Certify substantial completion and prepare punch list. * Certify final acceptance. 1~8 ,, .,~ CONSULTING ENGINEERS STRUCTURAL CIVIL ENVIRONMENTAL 155 616ARKA STREET KENAI, ALASKA 99511 (967) 283-3583 FAX (907} 283-4514 Fee Schedule Engineering/Inspection Personnel Regular Time Registered CiviUStructural Engineer 140.00 per hr Civil Engineer, PE 110.00 per hr Staff Engineer, EIT 85.00 per hr AutoCad Technician 70.00 per hr Inspector 80.00. per hr Clerical 40.00 per hr Llirect Project Expenses Third Party Charges Invoioe Cost Plus 10% Vehicle 55 I mile 109 Thompsnn Park Paving LID - ' Wm. 1. Nelson. & Associates-Fee Pro osal June 11, 2008 ~ i ~'as~ ~~~ ~~ttlci`~~ ~`i" add ct~~ ,, ~ t~~ti , Ratelhr $140 $ll0 $85 $70 $80 ~tt#'v~'tn ~0' Control Survey _._._,_ J~~B ~~~ r ProjectAdmin __ __, _^ li_rility Locates _ __. _ ___,__ _ __ Test Holes - -- - __ - Public Hari ~__.__~.~ Base Ma s _ Tifle SheeUlndexlCantrol _ _ _ _ Plan. and Profile (11 sheets) _ __ DetaiLs/Typical Sections _ _ _ _ S ecifications _____ - __ - - _ Bid Schedule/Cost Estimate _ __ _v__,_ _ Printing(Binding _ _ ~ PIansIS ecs _ 0 0 0 U 0 $0 ~nnstructitin24tlmiislTn ec~ittcs ~?~,7J4 Advertise For Bids _ N/A _~ Cnnt?actor's Questions v~ _-- ---- ~ ~ Pre-Bid MeetinglAddenda. __. _. _ _._. Bid Analnsis/Recomanendation __ _ __ _ ____ Compaclinn testing _ ____ $750 Subcontract Construction Adntin ~ _ __ __ $50 Vehicle mileage Inspection - __ _ _ 6 _ - 30 $106 Vehicle milea~e_ Asbuilts 6 Contr. Redlines w 0 IZ 0 0 30 $900 ~ ~ i Total gee $a,no ` ~ j Ex ensesW/mxrku $J94 ;~irfatt 'Sbtai7~c~-i,?~x . SCS :'$~1,7# 110 KENAI AIRPORT COMMISSION JUNE I2, 2008 KENAI CITY COIINCIL CHAMBERS ?:00 P.M. AGENDA ITEM I: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- May 8, 2048 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 6: OLD BUSINESS a. Dzscussion%Recoanmendation -- Float Plane Basin Development ITEM S: NEW BUSINESS a. Discussion/Recomxnendat€on -- Lease ApplicationJJames H. Doyle, d/b Ja Weaver Brothers, Inc. -- Tract B, Gusty Subdivision No. 6. b. Discussion/Recommendation -- Establishing Minimum Standards for Commercial Aviation Activities. ITEM 7: REPORT a. Commission Chair b. Airport Manager c. City'Council Liaison ITEM 8: COMMISSIONER COMMENTS AND ILUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM I0: a. Kenai City Council Meeting Action Agendas for May 20 and June 4, 2008. b. Wince-Corthell-Bryson Report/Runway Safety Project. c. Selection Committee Memo Recommending Wince-Corthell-Bryson for the Airport Engineering Professional Service Contract. d. City Manager Memo/Kenai Municipal Airport Fees. e. City Manager Memo/Fuel Flowage Fee. f. Proposed Rezone JConservation to Light Industrial -- Lot 4, FBO Subdivision No. 7 & Lot 5, FBO Subdivision No. 8/Forestry Lease and Vacant. 111 g. Proposed Rezone/Conservation to Light Industrial -- Tract 9, Gusty Subdivision #3; Tract B, Gusty Subdivision #6; and, Tract C-1, Gusty Subdivision #7. h. 5/2008, Anchorage Airport Master Plan News/Runway Capacity Alternatives Evaluated. i. 2008 Kenai Peninsula Air Fair/Final Report. ITEM 11: AI3JOURNMENT 112 KENAI AIRPORT COMMISSION JUNE I2, 2005 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR HENRY KNACKSTEDT, PRESYDING MEETING SUMMARY ITEM 1: CALL TO ORDER AND ROLL CALL Chair Knackstedt called confirmed as follows: Commissioners Present: Commissioners Absent: Others present: the meeting to order at approximately 7:00 p.m. Roll was H. Knackstedt J. Zirul, J. Bielefeld, C. Versaw, E. Mayer, D. Haralson, L. Porter Airport Manager M. Bondurant No quorum was established. ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- May 8, 2005 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSYNESS a. Discussion/Recanumeadation -- Float Plane Basin Development ITEM 6: NEW BUSINESS a. Discussion/Recommendation -- Lease Application/James H. Doyle, d/b/a Weaver Brothers, Inc. -- Tract B, Gusty Subdivision No. 6. b. Discussion/Recommendatioa -- Establishing Minimum Standards for Commercial Aaiation Activities. ITEM 7: REPORT a. Commission Chair b. Airport Manager c. City Council Liaison ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM I0: INFORMATION ITEMS 113 a. Kenai City Council Meeting Action Agendas for May 20 and June 4, 2008: b. Wince-Carthell-Bryson Report/Runway Safety Project. o. Selection Committee Memo Recommending Wince-Corthell-Bryson for the Airport Engineering Professional Service Contract. d. City Manager MemoJKenai Municipal Airport Fees. e. City Manager Memo/Fuel Flowage Fee. f. Proposed Rezone/Consen>ation to Light Industrial -- Lot 4, FBO Subdivision No. 7 & Lot 5, FBO Subdivision No. 8/Forestry Lease and Vacant. g. Proposed Rezone/Conservation to Light Industrial -- Tract A, Gusty Subdivision #3; Tract B, Gusty Subdivision #6; and, Tract C-1, Gusty Subdivision #7. h. 5/2008, Anchorage Airport MasterPtan News/Runway Capacity Alternatives Evaluated. i. 2008 Kenai Peninsula Air Fair/Final Report. ITEM lI: ADJOURNMENT There being no quorum established, the meeting ended at 7:05 p.m. Meefing summary prepared and submitted by: Carol L. Freas, City Clerk AIRPORT COMMISSION MEETING JiJNE 12, 2008 PAGE 2 114 KENAY xARBOR OOMMISSION MEETING JUNE 9, 2o~s CITY COUNCIL CFIAMSERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL YTEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- May 12, 2008 ITEM 4: PERSONS SCFIEDULED TO BE HEARD ITEM 6: OLD BUSINESS a. Discussion -- Bird Viewing Platform Update b. Discussican -- Dip ]Vet Fishery Update ITEM 5: NEW BUSINESS ITEM 7: REPORTS a. Director b. .City Council Liaison ITEM 8: COMMISSIONER COMMENTSIOUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO SE FII+ ARI7 ITEM 10: INFORMATION a. Kenai City Council Action Agendas of May 7 and 21, 2008. b. 5/21/08 Kenai Harbor Rate Schedule ITEM 11: AD30URidMENT 115 KENAI HARBOR COMMISSION MEETING ,FUNS 9, 2®®8 CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR TOM THOMPSON, PRESIDYNG MEETING sIFMMAR~r ITEM I: CALL TO ORDER & ROLL CALL Chair Thompson called confirmed as follows: Commissioners present Commissioners absent: Others present: 1~e meeting to order at appraxirnately 9:00 p.m. Roll was B. Osborn, G. Foster, A. Poynar, D. Gregory, T. Thompson, and B. Peters. P. Morin Parks & Recreation Director B. Frates and Council Member M. Boyle A quorum was present. ITEM 2: AGENDA APPROVAL There were no changes to the agenda and it was approved as presented. ITEM 3: APPROVAL OI+ MEETING SUMMARY -- May 12, 2008 There were no corrections to the meeting summary of May 12, 2008 and it was approved as presented. ITEP.~I 4: PERSONS SCHEDULED TO BE HEAP.T't. -- ATCne. ITEM 5: OLD BUSINESS 5-a. Discussion -- Bird Viewing Platform Update Director Frates reported the culvert for the Kenai Boat Launch Road was scheduled to arrive on June 20 and it was still Kenai Watershed Forum Director Ruffner's intention to proceed with the initial work for the bird viewing platform around the time the culvert replacement would be taking place. 5-b. Dsscussion -- Dip Net Fishery Update Frates reported the following information: • Appro~mately 6,230 lineal feet of safety fencing had been erected around the sand dunes on the north beach. • Efforts were being made to revise the informational brochure handed out to participants of the dip net fishery. HARBOR COMMISSION MEETING JUNE 4, 2008 PAGE2 116 + The north shore dune protection ordinance had been passed. Discussion followed and included the following: • Because the same environmental disturbances occur, should the ordinance include the south side beach as well. • Because the property is for sale, a suggestion the city should investigate purchasing the Anchor Trailer Court property. • lnclude discussion related to the Anchor Trailer Court property availability on the next Harbor Commission meeting agenda. MOTION: Commissioner Poy~lor MOVED to request an amendment to the north shore dune protection ordinance to include the south shore. Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. ITEM 6: NEW BUSINESS -- None. ITEM 7: REPORTS 7-a. Director -- Frates reported the following items: The docks damaged by fire were replaced. + Staff will consider painting the metal frame for the dock facility sign. • Council approved $40,000 for purchase of fuel. 7-b. Citq Council Liaisan -- Council Member Boyle reported the City Manager indicated the Department of Natural Resources may have available funding to be used for dune protection efforts, i.e. viewing platforms and raised walkways. ITEM 8: COMMISSIONER COMMENTSl4~UESTIONS Osborn -- + Reported a commercial fisher told him silt deposited on the upstream dock was making it difficult for use, particularly during lower tides. Osborn requested the issue be included for discussion on the next agenda. + Asked the status of the no trespass signs and distance between them. Frates explained, the signs had been ordered and would be approximately 50-80 feet apart. Popnor -- Commented signage along Bridge Access Road and Boat Launch Road warning drivers of slow moving vehicles would be a good idea. ITEM 9: PERSONS. NOT SCHEDULED TO BE HEARD -- None. ITEM 10: INFORMATION 10-a. ,Kenai City Council Action Agendas of May 7 and 21, 2008. 10-IY. SJ21 J08 Kenai Harbor Rate Schedule HARBOR COMMISSION MEETING JUNE 9, 2008 PAGE 3 117 ITEM 7.1: ~D3OURNMENT MOTION: Commissioner Foster MC7VED for adjournment and Commissioner Poynor SECBNDED the motion. There were no objections. SO ®I2DERED. There being no further business before the Commission, the meeting adjourned at approximately 7:40 p.m. Meeting summary prepared and submitted by: Carol L. Freas, City Clerk HARBOR COMMISSION MEETING JUNE 9, 2008 PAGE 4 118 KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS .,TUNE s, Zoos a:oo P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3; APPROVAL OF MEETING SUMMARY -- May 6, 2008 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion -- Rasmuson Site Visit ITEM 5: NEW BUSINESS a. Discussion -- Commission Participation in July 4'~ Parade b. Discussion -- 3nternet Safety Policy ITEM ?: REPORTS a. Director b. ,Friends of the Library a City Council Liaison ITE&i $: COMIvIISSION COivaNiEN i~Si yUEST--IONS ITEM 4: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: YNFORMATION a. Kenai Cit3r Council Action Agendas of May 7 and 20, 2008. b. Letter from Congressman Don Young ITEM 11: ADJOURNMENT 119 KENAI LIBRARY GOMMISSTON KENAI COUNCIL CHAMBERS JUNE 3, 2008 7:00 P.M. CHAIR EILEEN BRYSON, PRESIDING MEETINfz SUMMARY YTEM 1: GALL TO ORDER & ROLL CALL Chair Bryson called the meeting to order at approximately 7:02 p.rn. Roll was confirmed as follows: Commissioners present: K. Heus, E. Bryson, B. Peters, C. Brenekle Commissioners absent: E. DeForest, M. Graves, C. Cook Others present: Council Member H. Smalley and Library Director M. Joiner A quorum was present ITEM 2: AGENDA APPROVAL MOTION: Commissioner Peters MOVED to approve the agenda as presented and Commissioner Brenckle SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- May 6, 2008 R/f®TifSN; Commissiarier Peters MOVED to approve the May 6, 2008 meeting summary as presented and Commissioner Brenckle SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5: OLD BUSINESS 5-a. Discussioa -- Rasmuson Site Visit Discussion included: • ,The visit by Rasmuson Foundation representative Helen Howarth went well. Howarth encouraged the city to apply for other Rasmuson grants. It appeared the library grant would be considered in July with other Tier II grants. ITEM fi: NEW BUSINESS 120 6-a. Discussion -- Commission Participation in July 4th Parade The members discussed walksng in the parade or operating a booth where Friends of the Library would sell items and discussed options for participating in the parade, i.e. walkers or a float, etc. 6-b. Discussion -- Internet Safety Policy Joiner requested the Commission to consider developing an Internet Safety Policy to meet CIPA guidelines. She noted, she would work with staff a~~d the city attorney and bring a draft policy forward for the commission to consider. ITEM 7: REPORTS 7-a. Dixectox -- Joiner provided a written report to the members, highlighting the award of an Interlibrary Cooperation Grant of $4,700 and E-rate funds of approximately $3,700. 7-k. Friends of the Library -- Commissioner Heus reported on activities of the Friends, i.e. forming fundraising committees, selection of "overdue to renew" as a fundraising slogan; the development of a web page (friendskenailibrary.org); vacancies on the board; and the July 17-19 book sale at the state office building. 7-e. City Council Liaison -- Council Member Smalley reviewed the May 7 and 20 council meeting action agendas included in the packet, and reported on Caring for the Kenai contest, increase of airport fees, and the heatingJcooling system at the Visitors Center. ITEM S: COMMISSION COMMENTS/QUESTIONS Srenclsle -- Reported she wouid not be present at the Juiy 1 meeting. Peters -- Biscussed Commission activities wifih regard to the Friends organization. Heus -- Reported she would not be present at the July I meeting. Bryson -- Reported she would not be present for the July and August meetings. Haus -- Encouraged commissioners to find others willing to walk in the parade. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None. ITEM 10: INFORMATION 10-a. .Kenai City Council Action Agendas of May 7 and 20, 2008. 10-b. Letter from Congressman Don Young ITEM 11: ADSOURNMENT LIBRARY COMMISSION MEETING JUNE 3, 2008 PAGE 2 121 MdTIC)Nt Commissioner Brenckle MOVED to adjourn and Commissioner Peters SECdNDED the motion. There were no objections. SO O12DERED. There being no further business before. the Commission, the meeting adjourned at approximately 8:06 p.m. Meeting summary prepared and submitted by: Carol L. Freas, City Clerk LIBRARY COMMISSION MEETING JUNE 3, 2008 PAGE 3 122 CITY OF KENAI PLANNING & ZONING COMIVIISSION AGENDA CITY COUllTCIL CHAMBU+ RS June I I, 2005 - 7:00 p.m. 1. CALL TO ORDER: a. Roll CaII h. Agenda Approval e. Consent Agenda d. *Excused Absences *Al1 items fisted with an asterisk (*}are eonsiderecl to he routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. * APPROVAL OF MINUTES: a. *May 28, 2008 3. SCHEDULED PUBLIC C011~INIENT: (10 Minutes} 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARIIVTGS: a. PZ08-31 - An application for a for a 15-foot rear setback variance the property known as Lot 9, Block 3, Redoubt Terrace Subdivision, Hail Addition (105 Haida Drive). Application submitted by Ryan Tunseth, 105 Haida Drive, Kenai, Alaska. P b. PZ08-32 - A Conditional L'se Permit to operate a lawn care business from 1902 & 1904 Aliak Drive, Lots 1 & 2, Woodcock 1984 Subdivision of Gov't, Lot 69. Application submitted by Charles Woodcock, 1.902 Aliak Drive, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: a. An ordinance of the Council amending KMC 1.85.060 and KMC 1.85.070 - Conflict of Interest -Discussion. 8. PENDING ITEMS: a. PZ07-25 -Recommending Cauncil enact KMC 9.10.015 to require dumpsters be screened on at least three sides. 9. REPORTS: a. City Council b. Borough Planning 123 c. Administration 10. PERSONS PRESENT NOT SCHEDULED: (3144inutas) 11. Il`v'FO1~'v'VSATION ITEibIS: a. PZO$-33 - LandscapelSite Plan - City of Kenai -Public Safety Garage -109 South Willow Street. b. PZ08-30 -Landscape/Site Plan -Rockwell Smith - Ped Ex Building - 427 North Willow Street. a Zoning Bulletin. (5/25/Ofi) 12. COMMISSION COMMENTS & f~UESTIONS: 13. AD3OURNMENT: 124 T /aeYl~TrY ofV xl~E.NA~Wc ~T~gp PLANNIN\.i 4Xr GiON1NNG.T \.OlYL1®lYaSa CYTY COUNCIL CHAMBERS JUNE 11, 2008 - 7:00 P.M. CHAIR JEFF TWAIT, PRESII31 MINUTES ITEM 1: CALL TO ORDER Chao Twait'called the meeting to order at approximately 7:00 p.m. 1-a. Roll Call Roll was confirmed as follows: Commissioners present: K. Koester Commissioners absent: Others present: S. Romain, R. Wells, J. Twait, P. Bryson, J. Brookman, and None Council Member R. Ross, City Clerk C. Freas, and City Planner M. Kebschull City Clerk Freas administered the oath of office to Kurt B. Rogers and Mr. Rogers took his seat on the dais. 1-b. Agenda Approval MOTION: Commissioner Bryson MOVED to approve the agenda as amended with the lay dawn items including the revised agenda and Supplement No. 1 of the Comprehensive Plan packet. Commissioner Romain SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Romain MOVED to approve the consent agenda as presented and Commissioner Wells SECONDED the motion. There were no objections, SO ORDERED. *Excnsed Absences -- None. xAll items listed with an asterisk (*) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 125 ITEM 2: ~.PPROVAL OF MINUTES -- May 28, 2008 Approved by consent agenda. ITEM 3: SCIiEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATYON OF PLATS -- None. ITEM 5: PUBLIC IiEt1RiNCrS 5-a. PZOS-31 - An application for a far a 15-foot rear setback variance the property known as Lot 9, Block 3, Redoubt Terrace Subdivision, Hall Addition (105 Haida Drive). Agpfication submitted by Ryan Tunseth, 105 Haida Drive, Kenai, Alaska. City Planner Kebschull reviewed the staff report included in the packet, noting the follawing the applicant was requesting a 15-foot rear setback variance to construct a 16 x 10 s.f. shed. Kebschull also reviewed the criteria required to KMC 14.20.180 to determine if a variance should be granted acid her findings which were also included ui the staff report. Kebschull noted the following: • 'The five-foot side setback was met. • Special conditions or circumstances: Because the parcel was developed, options far location of a shed within the constraints of the rear yard provided special circumstances. • The applicant inherited the development constraints when purchasing the residence. • Sheds are accessory structures permitted within the zone. • Using the measurements provided, it appeared the request was reasonable and minimum. • The 1Gl~UGJL YV0.v1 LLUI ba3ed all vttier .ival-Caifvrm:ng L1seS ar $u^.etl:....,. • Because the request was reasonable in light of the available lot left for the year yard and still meeting the side setbacks, slie recommended approval of the variance. Chair Twait opened for public heazing. There being no one wishing to be heard, the public hearing was closed. MOTION: ' Commissioner Romain MOVED for approval of the application fora 15-foot rear setback variance and Commissioner Bryson SECONDED the motion: There were no commission comments. VOTE: PLANNING &, ZONING COMMISSION JUNE 11, 2008 PAGE 2 126 ' Romain Yes Wells Yes ' Twait ~ Yes Bryson Yes Ro ers Yes , Brookman Yes ~ Koester ~ Yes C3TI~N P.S~I1 UNANIM®Ll~L~'. Twait noted. appeals could be filed with the City Clerk within 15 days of the action taken. 5-6. PZOS-32 - A Conditional Use Permit to operate a lawn care business from 1902 & 1904 Aiiak Drive, Lots 1 & 2, Woodcock 19$4 Subdivision of Gov't. Lat 69. Application submitted by Charles Woodcock, 1902 Aliak Drive, Kenai, Alaska. Kebschull reviewed the staff report included in the packet, noting the following: • A complaint had been received related to supplies being stored in the right of way. • The applicant had been contacted by the city and was informed he needed to have a conditional use permit for the lawn care business, • The location currently held a home occupation permit for a day care. • ,The lawn care business had been operating at this location for six years and was current with Borough sales tax. • The business caused minunal traffic. • The supplies were removed from the city right of way. • Administration recommended the permit be approved as submitted but any expansion of tYze business would require an amendment to the Conditional Use Permit. The floor was opened for public hearing. ~a:.uy Pees, X21. ~hitteiaig, dfe:sai -- Stated his concern of noise of±er ho~wr s and requested the approval reflect operation could only take place during certain hours and suggested no later than 9:00 p.m. A brief question and answer period took place during which it was noted morning activity at the business was not a problem, the location of the business was not unsighfly, and the noise was produced mostly from filling the hydro-seeder which was being done during the evening hours. There being no one further wishing to speak, the public hearing was closed. MOTION: Commissioner Bryson PhOVIirI3 to approve Resolution No. PZOS-32, a conditional use permit, with the incorporation of staff comments. Commissioner Brookman SECONDED the motion. Commission a brief discussion followed, noting noise concerns should be considered. PLANNING 8v ZONING COMMISSION JUNE 11, 200$ PAGE 3 127 MOTION TO AMEND: Commissioner Brookman MOVED to amend the motran to approve to include T.00 a.m. to 9:00 p.m. Commissioner Rogers SECONDED the motion. SECONDARY MOTION: Commissioner Bryson MOVED to amend the Brookman motion to amend to allow operation of the lawn care business between 7:00 a.m. and 10:00 p.m., thereby limiting noise from commercial activities between 10:00 p.m. and 7:00 a.m. Commissioner Romain SECONDED the motion. VOTE ON SECONDARY AMENDMENT: Romain Yes Wells. :Yes Twait Yes Brvson Yes ~ Rogers Yes . Brockman , Yes Koester Yes MOTION PASSED UNANIMOUSLY. VOTE ON AMENDED (BROOKMAN) MOTION: Romain Yes Wells Yes Twait Yes Bryson Yes Rogers Yes Brookman Yes J Koester Yes ~ ~ MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AMENDED MOTION: . Chair Twait noted the 15-day appeal period and that appeals be filed with the City Clerk. ITEM 6: OLD BUSINESS -- None. ITEM 7: NEW BUSINESS 7-a. Discussion -- An ordinance of the Council amending KMC i.85.U60 and KMG 1.85.070 - ConIlict of Interest. PLANNING t.?U ZONING COMMISSION JUNE 11, 2008 PAGE 4 128 MOTION PASSED UNANIMOUSLY. Kebschull referred to the draft ordinance included in the packet and requested comments from the commission. Cammenfs included: • Subparagraph (b) of the first page could be problemafic for an architect or surveyor. • Subparagraph (bj should give a person the opportunit-y to a cI-,ance to abstain or recuse. • Subparagraph {h) of the second page: cvho would track a former municipal officer, commissioner or employee who may not represent, advise, or assist a person for compensation, eta (it was noted council could waive the applicafion of the restriction). ITEM $: PENDING ITEMS 8-a. PZ07-25 -Recommending Council enact KMC 9.10.015 to require dumpsters be screened on at least three sides. ITEM 9: REPORTS 9-a. Gity G:ouneil -- Council Member Ross referred to the June 4, 2008 council meeting action agenda included in the packet and reviewed actions taken, including the passage of an ordinance to compensate the commission $100 a month. 9-b. Borough Planziing -- Commissioner Bryson reviewed the agenda of the June 9, 2008 Borough Planning Commission and noted actions taken. 9-c. Admixaistratioa -- Kebschull noted the fallowing: + Forms needing the commission members to complete related to the $100 a month compensation. + She would be working with the city attorney related to a code amendment for accessory structure setbacks. • Requested members insert the Comprehensive P'ian Updaie into their plans. • She expected additional activity with regard to landscape/site plans. • Over the last several months, City administration had been planning for the upcoming dip net fishery. + The State courthouse received funding to lease the property next to it for a parking lot. The city would be developing the parking lot. ITEM 10: PERSONS PRE5ENT NOT SCKEDULED -- None. ITEM 11: INFORMATION ITEMS 11-a. P208-33 -Landscape/Site Plan -City of Kenai -Public Safety Garage - 109 South Willow Street. 11-b. PZ08-30 -Landscape/Site Plan -Rockwell Smith -Fed Ex Building - 427 North Willow Street. 11-c. zoning Bulletin(sJ25J08) PLANNING Sa ZONING COMMISSION JUNE 11, 2008 PAGE 5 1~9 ITEM 12: COMMISSION COMMENTS & QUESTIONS Brookman -- Welcomed Kurt Rogers to the Commission. Koester -- Welcomed Rogers. 1Tdells -- Welcomed Rogers. Ramaia -- Welcomed Rogers and thanked the city for the meeting compensation. Brysoa -- No comments. Rogers -- Noted he would be unable to attend the Jure 25 meeting. He was instructed to submit a note to Kebschull and request to be excused from the meeting. ITEM 13: ADJOURNMENT MOTION: Commissioner Romain MOVED to adjourn and Commissioner Brookman SECONDED the motion. There were no objections. SO ORDERED. There being no further business laefore the Council, the meeting adjourned at approximately 7:55 p.m. Minutes submitted by: Carol L, Freas, City Clerk PLANNING & ZONING COMMISSION JUNE 11, 2008 PAGE 6 130 MINI-GRANT STEERING C®MMYTTEE MEETING MAY 22, 2008 4:00 P.M. CLERK/COUNCIL CONFERENCE ROOM =,` KENAI GITY HALL AGENDA ITEM 1: CALL TO ORDER Sv ROLL CALL ITEM 2: ELECTION OF OFFICERS ITEM 3: AGENDA APPROVAL ITEM 4: MEETING SUMMARY -- May 2 i, 2007 ITEM 5: OLD SUSINESS a, DiscussionJRecommendation -- Amendments to Mini-Grant Farms ITEM 6: NEW BUSINESS a. Reviem of Applications 1. Kaleidoscoge School of Arts & Soiences -- "Kolar 1£enai" 2. Kenai Chamber of Commerce -- "Old Town Signage Project" 3. Kenai Visitors & Cultural Canter -- "50th Anniversary Logo Project" ITEM 7: a. 2i21i0$ C. Freas memor~ncfl~m; "PrPnaratinn of Commission/Committee Packets." ITEM 8: ADJOURNMENT 131 MEETINfr SUMMARY ITEM is CALL TO ORDER & ROLL CALL Mayor Porter called the meeting to order at approximately 4:00 p.m. Roll was confirmed as follows: Committee Members present: P. Porter, T, Baldridge, L. Reese, T. Wisniewski Committee Members absent: P. Carty A quorum was present. ITEM 2: ELECTION OF OFFICERS Election of Officers was postponed until the next meeting. ITEM 3: AGEPTDA APPROVAL The agenda was approved as presented. ITEM 4: MEETING SUMMARY -- May 21, 2007 The meefing summary of May 21, 2007 was approved as presented. ITEM 5: OLD BUSINESS S-a. Discussion JRecommeadation -- Amendments to Mini-Grant Forms Discussion included not changing the policy and leaving it as is until further research could be done. Recommendation from the committee included being able to fill out the application and submit it online. fTEM 6: NEST BUSINESS 6-a. Review of Applications 6-al. Kaleidoscope Selxool of Arts 8a Sciences -- "Kolor Kenai" MOTYON: 132 Committee Member Wisniewski MOVED to approve "Kolor Kenai" with the stipulation the materials would be purchased locally as stated in the grant application. Committee Member Porter SECONDED the motion. L'OTE: Porter 'YES Baldri e ~ YES 'Reese YES Wisniewski YES ~ Carty ~ ABSENT j MOTION PASSED UNANIMOUSLY. 6-a2. Kenai Chamber of•Commerce -- "Old Town Signage Project" MOTION: Committee Member Reese MOVED to approve "Old Town Signage Project" with the stipulation the signs be hand made, not commeraiaAy made. Committee Member Wisniewski SECONDED the motion. VOTE: Porter ~ YES Wisniewski ,YES MOTION PASSED UNANIMOUSLY. 6-a3. Kenai Visitors & Cultural Center -- "50th Annsversary Lago Project" MOTION: Committee iviember Reese luIOVED to approve ~25v for the "50th Anniversary Logo Project" iron pour design only. Committee Member Wisrtiecvski SECONDED the motion. 'VO'T`E: MOTION PASSED UNANIMOUSLY. %TEM ?: YNFORMATTON ITEMS 7-a. 2/21/08 C. Freas memorandum, "Preparation of Commission/ Committee Packets." ITEM ti: ADJOURNMENT MINI-GRANT STEERTNG COMMITTEE MEETING MAY 22, 2008 PAGE 2 133 There being no further business before the Committee, the meeting was adjourned at approzamately 4:35 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk MINI-GRANT STEERIArG COMMITTEE MEETING MAY 22, 2008 PAGE 3 134 E TFTHE "~c`flar~e ~vit ~ bast, ~~ uJi~ ~ ~r~t~~e" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 /Fax: (907} 283-3014 June 19, 2aos The Honorable Sarah Palin Governor of Alaska P.O. Box 110001 Juneau, AK 99811-0001 Dear Governor Palin: www.ci.kenai.ak.us With the Alaska Legislature convened to consider award of a slate license for construction of an Alaska natural gas pipeline, the Kenai City Council respectfully requests the following be added as two vital components: • A spur line to Southcentral Alaska -- Connecting Southcentral to a main pipeline would offer tremendous in-state economic opportunities for more than 60 percent of Alaskans. Positive outcomes resulting from this spur line would be lower energy costs, a secure long-term energy supply, and in-state value-added manufacturing. • The dedication of a portion of the gasline revenues to Alaska's communities -- Members of State administration have stated an Alaska natural gas pipeline could generate revenues of approximately $60 billion over the life of the project. We believe Alaska's communities should share in a portion of those revenues to provide essential services to its residents and property tax relief. We appreciate the efforts of everyone involved in the discussions and consideration of awarding a state License for construction an Alaska natural gas pipeline -- we strongly believe you understand the concerns of local government officials in providing essenfial services to Alaska's communities as well as your goal to protect the citizens of Alaska. Thank you! CITY OF KENAI Pat Porter, Mayor Linda Swarner, Vice Mayor 136 Rick Ross, Council Member Mike Boyle, Council Member Hal Smalley, Council Member Co; Lyda Green, President of the Senate John Harris, Speaker of tYse House Members of Alaska Legislature Robert Molloy, Council Member Barry Eldridge, Council Member 137 E P' t~T F TN E I MAMA i~ "!/iflay~e wit~t ~ Past Gi~ wit~t a Fwtur°e „~ ~'/~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~ ~~,Wa Telephone: 907-283-7535 /FAX: 907-283-3014 1~ ~1 - = 1992 tke city o f KENA~ SKA MEMO: TO: City Council FROM: Rick Koch DATE: June 12, 2008 SUBJECT: Quarterly Financial Reports I realize you suggested aone-page report, That could be accomplished if we are j ust presenting the general fund, but I think a quarterly report should probably include the Airport Fund and Water & Sewer Fund (based mi magnitude). Attached please find a memo fram the Finance Director in which he identifies components of these reports (interest & miscellaneous, PERS, encumbrances, sales tax) that will not be current, and potentially cause confusion. Tho quarterly fnaarrcial report attached to this memo is for the period July 1, 2007 - March 31, 200$. If the Council is OK with this three-page report, and a s]rort summary cover memorandum, administration will begin submitting these quarterly reports for the periods ending September 30`", December 315`, and March 315L. The year-end statement will be presented to Council as we do now. We will attempt to have these reports submitted to Council at the mid-month meeting following the reporting period. Thank you for your attention in this matter. If you have any questions please contact me at your convenience. attachments 139 MI/IYTORANDUM To: Dick Koch, City Manager Frrom: Larry Senimens, Finance Director Date: May ?0, 2008 Subject: Quarterly Financial Report Attached is a relatively easily produced quarterly financial report for the general fund as of March 31, 2008. This report is essentially on a cash basis, so there are accounts that may not look reasonable. Far example sales tax revenue only includes payments made to us by the Borough through March. The March sales tax filings are not in at this point and we will not receive payment for this quarter until the erd of May. VJe will not receive June sales tax until the end of August so we have to record. a receivable and accrue the revenue at June 30. We will not Know the actual year-end number until September. State and Federal is below budget because of PERS aid. The State doesn't actually give us arly money. Instead they make an `on-behalf' payment to the pension system. Similarly we have not booked an expenditure for the PERS the State is covering, so the Non-Departmental department is way under budget. At year-end. we wilt record revenue and. expenditures for these items. Interest and miscellaneous appears to be way over budget; however, interest revenue is recorded in the General Fund. until year-end at which. time we allocate it to the various funds that each interest. Further, this is cash interest received but we will have to accrue all interest receivable as well as a market value adjustment at year-end. Encumbrances are sometimes issued for the entire year. So the percentage of the budget that is spent and. encumbered. is not representative of what has been spent to date. 140 CITY OF KENAI FUND SUMMARY FOR THE 9 MONTHS ENDING MARCH 31, 200& GENERAL FUND REV'cNUE ENCUMBRANCE T?D ACTUAL BUDGET BALANCE PGNT APPROP OF F1B .DO .00 598,095.17 596,095.1 i G TAXES .00 5,137,964,58 6,A68;OOO.OC 1,850,035.A2 73.5 LICENSEfPERMIT6 AND AMBLLANCE QO 357.330,95 418.500.00 61,169,65 85.4 S7ATE/FEDERAL .D6 616,522.34 1,A55,313.00 84-0,790,86 42.0 DOCK/MULTIPURPOSE(MISC 00 223,62045 209,000.00 14,620.45) 1020 FINE5 AND FORF'cITURES .CO 92,53's.4t 116,568.76 24,035.35 79.4 INTEREST AND MfSOELLANEOUS .00 7:493,004.28 952:,85A0 ( 54Q819.26) 156.8 TRANSFERS/CENTRAL ADMIN PEES .60 1,11628948 7,1 W,057AG ( 8:292.48) 100.7 TOTAL FUND REVENU'c AG 8,033.265.43 11.8A5,71 E.93 2,812,463A4 76.3 EXPENDITURES CLERK 11,241.25. 146,258.58 214,95EA0 57,455.17 73.3 VISI7OR5 CTR 20,076.00 61 484.69 122,400,00 20,939.31 83.0 LEG;SLATfVE 2,691,80 108,576.29 140,176.63 26,906.54 79.A LEGAL 597.79 165,670.06 237,839.00 71,571.13 69.9 MANAGER 1,925.77 151,514.56 200,526.00 47,267,07 76.4 FINANCE 2,429.54 282,871,46 391,716,00 1GGA1".98 72.8 LAND 4,052/30 56,432.87 24,112.48 9,627.81 80,1 NON~DEPT 33,529.8E 344,48968 1,224,840.94 846,621.40 30.9 P&7 7076,91 134,045.46 X0,975,69. 59,85166 70.2 SAFETY 986.72 l 410.03 9,760,00 7,36? 25 24.6 POLICE 24,200.08 t, 578,538.16 2,209,81 1.43 606,873.17 72,5 FIRE 2A,241, 55 1,347,493.54 1,955,691.56 594,55647 69.8 COMMUN. 11;731.98 460,23&.60 734,083.96 262,1'1537 64.3 ANIM. CONT. 1,426.09 f6.7"o 6.42 297,2a"v.00 59,071.49 80.5 R/VA 2,474.14 ?44,297.42 214 J31.W 56,E59A4 68.9 SHOP 49,735.59 459,61 8.52 676,298.00 171,843.89 74.7 STREETS 16,107.11 454,209,56 738,246,65 267,829.96 63.7 BUIL.DING9 23438.26 265,02372 533,266.26 244,804.28 54.5 STREETLIGHTS 36,107.03 89,513.06 179,1945 54,975,36 69.3 LIBRARY 10,391.34 409,348.24 626,380.19 200,fi68,61 67.9 RECREATION 3?,601.78 364,881.84 420{141.85 77,548.33 61.5 PARKS 15,95820 153,658.63 266,827.34 95,61081 6u9 HEAUT. 5,600.52 41,719.89 91,258.25 43,937.60 51.9 BOATING FHCIL.. 5,173,15 97,398.01 125906.00 23,336.84 et5 TOTAL FUNC EXPENDITURES 351 798.42 7,461,952.27 11,845,718.93 4,625,968.24 66,6 N F.T RFVE NUE GVER EXPENDITURES ( 351,798.42) 1,565,313.22 00 ( L213,514.80) 0 FOR ADMINISTRATION USE ONLY 75 °!o OP THE FISCAL YEAR HAS ELAPSED Ofi/?1!2669 03:42PM FACE; i 141 CiTV OF KENA FUND SUN9MARY FOR THE 9 MONTHS ENDING MARCH 37, 2008 AIRPORT FUND ENCUMBRANCE YTD ACTUAL BUDGET BALANCE PCNT REVENUE APPROP OF FIB 00 .00 917,440.23 911,4A023 0 STATE AND FEDERAL GRANTS .00 00 64,513.00 64,513.00 .0 INTEREST, LEASES AND FEES .OD 353,635.57 1,1 19,300,06 759,fi64.43 32.1 TERMINAL REVENUES .DO 294,715 G3 380,e00.OC 06,684.37 77.2 LANDING FEES .00 75,673.27 05,000.06 9,320.73 89.0 TRANSFERS IN 00 152,535.94 27,500A0 ( 131,035.94) 709.5 TOTAL FUND REVENUE .00 861,060.41 2,662,553.23 1,700.592.82 34,2 EXPENDlTUP.E5 TERMINAL AREA 80,189.91 338,985.90 523,128,50 123,952.89 76.3 AIRFIELD 56,440.54 7,285,717.96 7,548,566.23 206,427.73 86.7 ADMINISTRATION 3,388.62 163,049.34 277,26780 120,829.54 56.4 OTHER BUILDINGS&AREAS 24,D73D5 77,778,14 75G,G71.OU 54,679.81 65.0 TRAINING FACILITY .00 57,625.22 76,30000 25,27A 78 67.1 TOTAL FUND EXPENDITURES 144,032.72 1,907,15686 2,562,553.23 531,364,55 79.4 NET REVENUE OVER EXPENDITURES ( '45,032.12) ( 1A25,195.15) 00 7,169,228.27 0 FOR 0.p MIN ISTRATION USE ONLY 75 a OF THE FISCAL YEAR HAS ELAPSED OGlt 1!2008 03:55PM PAGE: 1 142 CITY OF KENAI FUND SUMMARY fOR THE 9 hr10NTH5 ENDING' MARCH 3t, 2008 WATER&SEWER ENCUMBRANCE YTD ACTUAL BUDGET 6ALANCE PCNT REVENUE APPROP OF P/E .00 il0 12,19220 t2,192.2G A STATE AND FEDE3AL GRANTS .00 .00 62,509,D0 62,509:00 .D WATERISEWER REVENUE .00 1,332,061,39 1,771,100.00 439,G38.61 ?52 PENALTY ANC INTEREST .00 19,858,37 56, OOC.00 ( 1,&58.97) 11 D.3 INTEREST AND MISCELLANEOUS .00 1,659.08 94,558.OG 92;898.92 1,8 TOTAL FUND RNENUE .00 1,353,57884 1,958,359.20 604,780.38 69.1 EXPENDITURES WATER 21,790.45 379,755.81 568,337.28 186,79126 70.7 SEVJER 6.721.Gb 205,830.19 338,994.87 126,443.10 627 WASTEWATER TREATMENT P! ANT 29,250.13 536,068.28 868,843,87 310.625.55 642 TOTAL FUND EXPENDITURES 0.8,762.26 1,121,654.06 1,774,276.20 693,859.86 86.0 NET REVENUE OVER EXPENDITURES ( 48,762.26) 231,92478 t64,083.OC 820,50 99.5 FOR ADMINISTRATION USE ONLY 75 % OP THE FISCAL YEAF HAS ELAPSED 143 OelT7I2000 D3'.bOPM PAGE: t ' ~ @ilr ~ 1 ~O~ICE D epa rkrnent ,. To: Rick Koch, City Manager Frame Chuck Kopp, Police Chief Date: 06112/2008 i~e~ Police Department Activity -May 2008 The department hired four (4) Seasonal Enforcement Officers for the summer. They are Sam Caswell, Trent Semmens, Jordan Ghilson and Damien Collum. They are currently in SEO Boot camp, training far the rigors of summer municipal enforcement- respansibilities in Kenai. Sergeant Gus Sandahl attended the American Association of Police Polygraphists annual training seminar in Jacksondslle, Florida. Sgt. Sandahl is the department polygraph examiner, responsible for all criminal and pre-employment polygraph interviews at the department. O~iCerS ^veai ge and LaighS,ii piit an SeVerai bike r adea~ at Kenai schools that :•JAre well attended by area youth. Bicycle safety, rules of rider operafion and proper helmet fitting and use were delivered to over one hundred kids. Chief Kopp and Lieutenant Wannamaker attended the Grime Conference in Juneau the first week in May. Officer Trevor Miller participated in two days of Special Emergency Response Team (SERT) training with Alaska State Troopers. Officer Miller is a member of the Alaska Southern SERT team, amulti-agency team that responds to critical I'rfe safety incidents on the Kenai Peninsula. Officers investigated 8 traffic crashes, two of which resulted in injuries. Officers made 78 arrests for misdemeanor and felony offenses, wrote 311 reports, issued 106 traffic warnings, 56 citations for driving infractions and 24 sea#belt citations. See attached reports far the Communications and Animal Control Departments. 144 Al~IIPVIAL CONTI~~lL ILEP®]EYT May 200 a~~s zoos 2oa~ STRAY 64 86 ADOPTED 58 Dogs 44 68 Dogs 43 Cats 20 15 Cats 15 Other Animals 0 3 Qtlter Animals 0 RELEASED BY OWNER 53 Dogs 37 Cats ~ i6 Other Animals 4 54 CLAIMED 21 27 Dogs 20 26 Cats 1 1 Other Animals 0 zooT 50 32 15 3 35 32 3 0 D.O„4„ 4 11 EUTHANI,ZED 4I 54 Dogs 3 3 Dogs 21 30 Cats 1 7 Cats 20 23 Other Animals 0 1 Other 0 1 WILDLIFE RELEASE 1 i Borough Animats 27 48 Field Investigations 182 75 Total Dogs 84 98 Voletnteer itonrs 105 81.5 Total Cats 37 48 Total phone calls 1,003 806 Total Outer 1 5 Kennet Permits 0 0 145 f'l~I.~..i L~~~ DES TAI'` 107 SOUTH WILLOW STREET I~NAI, AK 99611 Telephane (907) 283-7879 Fax (907) 283-2267 r~~~~r ~a~ TO: Lt. Kim •4Vannamaker FROM: Michael NusbaurSr Communications Su ervisor DATH: June 4, 2008 RE: May 2008 Statistics During the month of May 593 incidents were generated as a result of calls for service. 92 of those calls were reported over 911. 9 were generated as a result of hang-up 911 calls. On May 2"a all. Communications personnel attended atwo-hour training seminar presented by the MicroData Corporation for the mapping portion. of the new 411 system. On various other dates all persormel also attended afour-hour training seminar presented by MieroData for the call-taking portion of the new 91 I system. 146 Kenai Community Library Monthly Report Jane 200 May Cireu[ation Figures Adult Fiction 2,035 Internet Access 1,252 Adult Non-Fiction 1,333 Music 167 Periodicals 92 Puzztes 4 Juvenile Fiction 635 Videos 481 Juvenile Non-Fiction 146 DVDs 2,115 Easy Fiction 937 Audio books 172 EasyNon-Fiction 238 Miscellaneous 10 Interlibrary Loan 43 Computer Programs 24 Total Prinf 5,459 Total Non-Print 4,225 Tota! Cireu!ation 9,684 Internet Express Use 552 Total Catalog Searches 5,509 Library Door Count....... 7,977 In-House circulation 64 Downloadahle Audio 130 Income Fines and Rental Boolcs Xerox Lost/Damaged Total income 05108 Additions to collection Withdrawals from collection Interlibrary Loans Ordered Received Resumed Loaned by us $1,033.36 312.75 33.00 $1,379.11 I55 Books 27 39 44 ,34 Library Cards Issned May 2008 Anchor Point 1 Kasilof 3 Kenai 55 Nikiski 5 Soidotna 17 E Sterling 1 Non-Resident 7 Internet Use 5 Organization & Other 11 Total 105 'The G,brary has been awarded E-rate funding again this yeai. We will be reimbursed approximately $3,700 for telecommunications costs in PY2009. We received notification that we were awarded $4,796.00 fpr our Interlibrary Cooperation grant proposal "Using technology for creative expression at the Kenai Community Library." We received a letter from Congressman Don Young congratulating us an receiving a 13~e the People award. The We tl=e People Books~rel f is a Collection of classic books for yatuzg readers. Tt is a project of the ~Na~tional F,ndowanent £or the 1=lu~rnanities' (.~IL~I:I} conducted i~ar cooperation with the Amerieatn. L ibrary Association (ALA) Public Programs Office. 147 "~'fla~e cvit~ ~ F'r~st Gi~ wit~r a Fr~tu~e„ 210 ridalgo Avenue, Kenai, Alaska 996 1 1-7794 j~;,~' g~,. Telephone: 907-283-36921 FAQ,'.: 907-283-3693 - ~~ thecityef t(Cllfit AI p~YA To: Rick Koch, City Manager Thnt: Wayne Ogie, Public Works Manager From: Robert J. Frates, Parks &: Recreation Director- Slate: June t2, 2DD8 RE: Mid-mondh Ydeporf. '1'he first week of June mostly oomprised of crew familiarization, training and introduction to operational procedures. Routine operations included banners, fertilizing, litter patrol, facility cleaning and light maintenance, watering; planfiing and turf maintenance continued during this time. The new banners arrived one week later than expected although the crew was able to move forward immediately upon arrival of shipmeert. The six new banners in Old Towne Located near the church add a nice elemem of surpvise to this area. T'he crews aze also working toward renovating the flowerbed fronting the Orthodox Church as wets. Grew removed the chain-Iitilc fence material located at the Just Bowl in addition to removing other physical assets on site. The carnival once again set up on the Parkstrip lawn. No damage to the turf area was reported other than. expected compaction resulting from equipment and foot traffic. Approximately fi,350 lineal feet of fencing was erected around the dunes on the north beach. Approximately 16 hrs were spent preparing the Community Gardens. The gardens are currently full with a total 15 participants. Parks 13epattment coordinated with the Street$ on the landseapirng prcjeat near the MPP. The drainage dhch behind the facility was improved in addition to new drainage areas coming of€the building. Removal of the old dasher board system was also initiated with installation of new beginning June 13~. Construction crews began driving pilings for the bird-viewing platform. June t D°i. Folks from the Watershed Forum installed a couple experimental test p1oLs far nakive plant material in this area as welt. We will attempt to keep out vehicular traffic is this area. Continued foot-traffic is not too much of a concern, however dip net participants wflt need to park in the parking lot located at the dook faciHry. The Kenai Softball Association held their first so&ball toumanent .Tune 7 & $ with a total of 16 teams, many of which traveled from outside the Kenai area. Boy Seoul of Amea,~iea will be holding their anmeal;ambnrae at Municipal Park June 32-T4. Additionally, Ronal Little League will be co=hosting with Soldotna a Major Boys Baseball Little League tournament tentatively set for July 9th. 148 '` ~~\ .:; \\ fire ufv of "l/ifae t.~i~Z a ~s i c` a Future° 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ,„~,~,p„ Telephone: (907} 283-7535, Ext. 236 /FAX: (907} 283-3014 1~~~'t ~? 7992 E1~'liJ l~l ll V TO: Rick Koch, Gity Manager )f~ 1 1 Z ~ ~ ~ FROM: Wayne Ogle, Public Works Director /t' "' / G ~ / !! /f DATE: June 11, 2008 SUBJECT: Mid - Monttt Report The shifting of Parks and Recreation Department under Public Works Department is already providing opportunities to more smoothly coordinate Gity operations i.e. shared people and equipment. !will make cooperation a top priority. The Public Works Department is now fully staffed. We interviewed 11 applicants and hired a new Sewage Treatment Plant operator who started work on 3 June. Bob Frates has recently filled his Departmental Assistant vacancy. The Streets Department is busy with painting crosswalks & curbs and marking a pedestrian path in Old Town, street sweeping all the subdivisions, dust control wherever needed, ADOT striping of Gity roads, fixing street damage incurred during the winter, and providing dirt and drainage ditching to Parks and Recreation at the Multi-Purpose Facility. More assistance for Parks is in the works for beautification projects at various downtown locations. A sidewalk and curb repair project is being worked. to addition to normal vehicle maintenance and repairs, the Shop will begin getting equipment ready for the upcoming winter season at the end of June. Building Maintenance has a significant project underway to replace the Fire Department windows. There is a similar project to replace the Police Department windows and instal! two butiet proof glass windows in way of the Dispatcher's Office. Water and Sewer Department are working on sewer line areas that tend to have freeze up issues. They are also working on back-up pumps and motors for water wells which have had problems. Significant public works construction projects are underway as detailed in separate reports. Of note, we have rebid the Leif Hansen Park Sprinkler installation. 149 Airport Ndanager's IVlonthly Report June 2008 Runway Safety Improvement Project: Work resumed the week of May 28 with final grading of waste areas, erosion repair along the float plane basin and drainage ditch, and replacement of 5,000 feet of fence. Seeding of the remaining areas wilt be completed. Ali work to be completed by the July 15 compietian date. Urea Storage Building: A grant offer from the FAA for $488,769 far the construction of a urea storage building was received by the City Manager on June 11, 2008. Bids were opened on Thursday, May 22 and the construction contract is expected to be awarded of the June 18 Council meeting. Airport Grounds Maintenance Position: The application period for the airport grounds maintenance person closed at S:OOpm on Friday, June 9. Applications were reviewed on Monday, June 9, and interviews conducted on Tuesday, June 10. The airport plans to make a recommendation to hire before Friday, June 18. Airport Summer Activities: The airport staff has been very busy with parking lot clean up, mewing, and planting. F(awer baskets are hung and the paint markings .are being refreshed. Many thanks to Parks and Rec personnel for helping us with these projects. Fish Nava! Permits: The airport has issued three (3; fish haul permits for the 2008 season. 2008-06 150 Municipal ~erport ____. _ , , ~ ~!` ~ ~ ~ ~~: 23.76% +~he'~l i GRANT Muniefpal s~frport 1,798 ~ t~•'v'"'~w~s~~v~ r': *r~t r ~t a "w/d wkt' `"a• a ~ `~~ r~ra'R ? i~~~r~ a !`~ rFl~~ "~ shy «J ~s ERA i 5,773 j 76.24% ...------------...__...__..-'-------....--~--._- -------------.._J CHANGE ERA GRANT KENAI Combined Month 'total FROM 2007 AVIATION AVIATION AVIATSOiN Month Total Janua 6.011 1,741 7,752 335 7.41? 263 6,015 Februa 5.431 1,601 7032 601 6431 297 7,328 March 5,306 1,00b 6,911 244 6,667 265 7,196 A ti! 5.435 1,622 7,057 559 6,498 334 7,391 Ma~ 5,773 1,799 7,572 161 7,39M1 478 7 °90 June 0 7.835 Jut 0 17,606 Au ust 0 10,211 Se Yemher 0 7,698 .October D 7,846 November D 7,413 ' December 0 6,771 Totals 27. 66 8 88 38 324 9 93 684 5•year Comparison Chart 2007 2096 2005 2004 2003 _ary 7,417 6466 6023 6326 6464 Janu ~:. ~E~."~r'rru'~'~,t r-h _.,<~~.~. .~',3:~~°'aa°TTIt"~tinu^,~,~~.il,^n` .i ~i, +~ N .o,.~' `'' ar r r^7.)". March 6 667 6 808 6184 5 993 5,280 i/s ~;,«"~ ,. , ;~i ., ,. v r 1" ~>'^: r~?~ ~ .:c , ~. s e J r.. „ a ~ti 7~ .rll,1~, ..df.... 4 k9 rvlie~ fin, 2J Phi May 7pb3391 7 071 5 974 h5+7~~0~~0yy 5, 8~4y8~ _ ,,, -. ,u>..,z.tlM,w'~,. +.,,., 7b~ ~ „u.s?~.. Y .<'i`l+fi."~?~~3 ,~~.~,a.~ ~.'.. ...v .a _-r .irdi; )~~ r July 11 606 17 370 10 860 10 654 9445 September 7 598 7 359 ~ 4~6} Safi 6 838 6 435 'TSJ e~ut,.~"~~r ~~ r,...' ;T u`'-.-,~~,ai.,~'rrn ``.r ~r~ Aa%.'N",,..i ,v,~',~r, N~ ... N rr,:.. November 7 413 7 068 6 938 6 245 5.820 ~~$A »U 1 ~4- ,..,.?.a~ira", ,"',r< ti .>s ti,~,~~~b}17/9'.'"~'.`~. /bvfv. s. a w ~..r r ,,., , . ~, ~f Totals 93,684 80,070 83,523 82,009 76,728 _ .....,_._-......_._-_.--_.....-..._-___........,_...._.__...___.__....__.....___..__-._....-I ~ 96000 ~ :- ~ r~ ~ '8 a"Y rX ~~ifl dr df'~ ""w~fr~l~. " "~'; Y ~,~ r.".v~iP e/ '.,~ s s - 90000 i ~ ~, %k~£b"x'~-d~.. fix` a ;~:a~ir , ,~ ~`'~::..~, ~'~a'a1~' ~ ":17'~w~4T.?M~, i~°`~.'_ 85000 _ x m.' ~~ y~A~,u Ana ~~¢i o-~~~ x. ra i„~aw¢r ~z ~,a~ ~w,~h44rerk'-SST _®Seriesl ~ I ° y,~,;T:~ ~,-J-~-~- 80000 k.:.-- ~ r c ~ t r ~ i~ r/ r ° .1 rr ~ t fv r r ?5000 `- =^~ ~r~ 70000 r- '. ~: _ 2007 2006 2005 2004 2003 151 EC~-T THE I L ~s~~ ~~ :": ~ , r,~Gr~I~E LUti ~ ~ GGt~ tR1l~d'Z ~ ~d~~C~!"~ rr 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 TeBephone: (907) 283-7535 /Fax: (907) 283-3014 www.ci.kenal.ak.us FROM; Carol L. Freas, City rk DATE: June 10, 2008 RE: WEBPAGE FORMS AND WEBPACrE MAINTENANCE This memorandum is written with regard to the following items: • Mayor Porter's email of June 2, 2008 inquired about two issues. The first, whether it would be possible to amend city form applications made available on the city's webpage to allow for the applicants to type in the information in order far forms to be more legible. In checking, I learned this can be done through Adobe software, though not the version I have on my computer. I have made a cost inquiry for the new software. Forms will all need to be re-keyed and uploaded to the webpage. Though forms could be submitted through tlic webpage, City Attorney Graves and I agree that because signatures are required on many of the farms, the forms would need to be completed, printed, signed and submitted to the appropriate departments. The second issue was the use of a local webmaster to monitor our webpage. At this time, our webmaster resides out of state. During this fiscal year, we have paid approximately $405.00 to Artic Web Publications for updates made to the city webpage. It is my understanding from an earlier discussion, the City awns the design of and the information included on the webpage (except for some pictures for which we pay a yearly fee for the use}. If Caurzcii urauZd Pike administration to acquire a saew uebmaster, piease &et us Ssnow. clf 153 Page 1 of Caro! Freas Peom: Patricia Porter [kenaimayorl0@msn.com] Sent: Monday, June D2, 2008 9:51 AM To: Carol Freas; Rick Koch Cc: Robert Molloy; Mike BoyVe; Linda Swarner (E-mail); Hal Smalley; Robert Molloy, Rick Ross; Barry Eldridge Subject: Filing out city forms on fine Rick and Carol, Having recently reviewed the mini grant applications, I found et difficult to read some of the information required on the applicatons. The same problem is true of commission applications, etc. Is it passible to develop our web site to allow on line filing? People no longer have manuel typewriters and hand writing is now considered cumbersome, plus schools no longer focus on handwriting skills! The person who manages our web site is located outside our Alaska and there are people locally who could provide this service. Is it possible to use local individuals to monitor the site? Thank you, Pat 6/10/2008 ~ 54 INF ATI N .ITEMS INFt7RM14TIC1N ITEMS KENAI C%TY C®UNCiL MEETING JUNE I8, 20®8 1. 6/ 18/2008 Purchase Orders Between $2,500 and $15,000 for council review. 2. 6/6/08 HDR letter related to Lower Kasilof Boat Launch Site Investigation Project/request for comments. 3. 6/ 10/0$ City of Kenai Dock Rate Schedule. 4. 6 f 17/08 Kenai Peninsula Borough Assembly Agenda. 156 a s°os~~ °o m c ° ~ o Q t0 O ~C] ^W ~ n' O P+ to O r ~ ~. O M V' V' 0? ~ tom.. 6fi tyLt W J J ~ ~ ~ ~ Z_ Z U' ~ ~ O ~ ~ l~ nS ~ QS «{ a .d~ per, a a~ ¢ ~3 ~ (vt a W W ~ W W O 4 O ~ 2' O ~ 4Y m Z ~ ~ W W ~ ~ a¢, ~ ai ~ a ~ of ¢ m 2 dz' U w ~ ~ LL V ~ ~ ~ W W 4. F' ~ ° z ° ° `~ a wW. ~ z ~ ~ u~ o W ~ ~ j ~ ri tail O ®® ^ f- ~ Q U J m m c°n o _r r sA ~ Z ~ W ~ ~}' W w ~ U W ~o w ~ ~ c~ ~ w_~ " ~ ~ ~ w ~~ ~ ~ ~ '~ ~ ~ N ~ n a o ~, ~ ~, ~ ~ ~ ~ °z ~ a z d U > ¢ d ~ Z 4 Q Z 157 June 6, 2008 Pat Porter City of Kenai 2l0 Fidalgo Ave Kenai, AK 9961.1-7794 Dear Pat, The. Alaska Departments of Natural Rasourc es (DNR) and Fish and Game (ADF&G) hosted a meeting on May 2l, 2008 regarding the Lower Kasilaf BoaC Launch Site Investigation Project. The purpose of this project is to compare possibi,e sites 'for a potential boat launch/pall-out 'facility and associated parking. The resulting site investigation report will include conceptual site plans for each location under consideration, a recommendation of a specific site, and the reasons why the Site was chosen. This report will be the starting point for additional environmental ana1ysie prior to passible acquisi.tian, constnaction and operation, should funding became available. The initial investigation reporC facused on the suitability of two sites on the Lower Kasilof River: a North Site and a South Site. Charles Swanton, AI3P&G Sport Fish Division Director, announced. at the meeting that the North Site parcel owner had withdrawn his property from consideration, However, foflawiag the meeting, another local riverfxont property owner approached project team members to offer his praporty for consideration. This new site, which is adjacenC to and'upstream of the oxiginat North Site, is similar in size and topography to the original site. As part of Cho State's due diligence in determining the most suitable location for a boat launch/pull-out facility, it is important to obtain information on more than one parcoi on [ho lower river. ADNT2 and Al7F&G will include this new site {New North Site) in the current site investigation process. Your input regarding issues on the sites is very much appreciated. Please do not hesitate to contact me at 3ulie.Jessen@hdxinacom or at 907-64.4-2000. Sincerely, q.~~~ Julie K. Jessen Senior Public Involvement Specialist RDR plaska.Ine. 1525C SVect Phore: (907)644@00(t Suite 305 fax: (907f 644-2022 Ancho~aye, AK 995032632 www.ndrinccom 158 ~; C(Tti°-CAF KE[®IFaf - DE3CkC `CE UL~ l _ Rick R. Koch, City Manager u~ June 10, 2008 i6ENAt HARBOR RATE SCHEDULE The City Manager shall establish the fees, rates, and charges for the billing and collections for the support of the harbor. The City Manager reserves the right to change the rate schedule at any time. There is a 6% sales tax added to the tofal invoice (3% City and 3% Borough). RATE SCHEDULE StS1UiMARY i 1. Product wharfage (wlcrane w!o forklift) j ------ $ 0 07/ib Non-nrnduct wharfage Lice. nets. staoies, etc.) ~ 0.04/!b. ~ ~ ' j Purchases Purchases Purchases I ; i Under 500 500 al. 2000 al. f Gallons _ or more or more 2. Fuel Caasotine Regular 4.345 4.295 State Marine Tax .050 .050 Federal Tax .184 184 i I _ Totat $1 at. 4.58 4.53 I ~ ~ Diesel #2 ` 5:286 ' 5.235 4.928 I -~ - State Marine Tax .050 _ .050 _.050 j Totat $l;~af• , 5.3~ ~ 5.29 4.98 j 3. Used Oil DUmpfng_ ~ V/ a W ' 14. Boat Launeh Rarnp 0-10 min. _ $15.00 Includes Parking with Trailer Each min. over 10 min. = 51.00/min _ I I Seasonal pass per boat = $1501season 5. i Parking Only if with trailer must pa launch fee} I ~ $10.00/daY L Seasonal Pass for Parking $100.00/Season _ 6. Tie U Fee ' A. Skiffs tied to land side of concrete dock $7.00/da Seasonal Pass er boat $150lseason 8. Boats tied to bua in river $10.00/da _ Seasonal Pass er boat $150/season ' 7. Forklift w/Operator (1t2-hr. minimum) _ $56.00/hr, 8. ' Cit Labor Char es for call out(2-hr. min.} ~ _$40.00/hr. 9. Other Items See Dock Manager Prior to Use finance 159 I£~~a Peninsula B~r~~x~h June 17, 2008 - 7:00 pm. Regular Meeting Borough Assembly Chambers, Soldotna, Alaska A. CALL TO-ORDER irate Merkes 4ssembly President ;eat S-Sterling/Funny River !'erm Expires 2008 °ete Sprague 4ssembly Vice President Seat 4 - Soldotna Perm Expires 2010 °aul Fischer 4ssembly Member feat 9 -Central Perm Expires 201 D 1'fargaret Gilman 4ssembly Member feat 2 -Kenai Term Expires 2008 ,,inoPP 40.. ,ibly Member Seat 1 - Kaiifornsky Term L^ xpires 2009 Ran Long Rssembly d4emi7er Seat 6 -Eras[ Peninsula Ternt Expires 2009 Midl! Martin Rssemlrly Member Seat 9 - South Penirxsula Term Expires 2009 Bill Smitlz Assembly Member Seat 8 -Homer Term Expires 2008 Gary Superman ,4ssemblp Member Seal 3 - Nikiski Term Expires 2010 B. PLEDGE OF ALLEGIANCE c. INVOCATION D. ROLL CALL E. COMMITTEE REPORTS F, APPROVAL OF AGENDA AND CONSENT AGENDA (AIi items listed with an asterisk (") are considered to be routine and noncontroversial by the Assembly and will he approved by one motion. There will be no separate discussion of these items unless an Assembly Member so requests, in which case the item will beremoved from the Consent Agenda and considered in its normal sequence on the agenda.) G. APPROVAL OF MINUTES `~ 1. June 3, 2008 Regular Assembly Meeting Minutes ............ 1 H. COMMENDING RESOLUTIONS AND PROCLAMATIONS I . A Proclamation Declaring the Week of 3une 23 - 29, 2008, as "Alaska Weed Awareness Week" for the Kenai Peninsula tiorough~lviayorj .........................:...........I9 I. PRESENT'AT'IONS WITH PRIOR NOTICE (2o minutes torsi) 1. Gary Olson, Chairman of the Alaska Moose Federation, "Moose offthe Highway" (14 Minutes) 2. Richard DelvleIIo, "Plasma Conversion for Solid Waste" (lo MS11nteS) J. PUBLIC COMMENTS ON TTEMS NOT APPEARING ON 'TEIE AGENDA (3 minutes per speaker; 20 minutes aggregate) K. REPORTS OF COMMISSI01V5 AND COUNCILS L. MAYOR'S REPORT ....... . .....:...... . .................. 20 1. Agreements and Contracts 3une i7, 200$ Yage 1 or ~ 160 a Sole source approval to award contract to Metco, Inc., for Char . Creek/Salman Creek Flood Control Dradging . ................... 22 b. Approval of contract with Holden Company for Curb ReplacementlInstallation at the Kenai, Nikiski and Sterling Transfer ... Facthnes ................................................. 23 c. Approval of contract with S&D Lagging for Miller Loop #1 ROW Project .................................... ................ 24 d, Approval to award contractto Bob's Services forRoll-Off Containers .................................................. e. Approval to award contract to ABC Tree Service for Woods Drive Beetle Kili Removal Project . .... . ........................... . 28 f. Approval to award contract to Flocr-Ever, Inc. for McNeil Canyon Elementary School Flooring Replacement ....................... . 30 g. Approval to award contract to HDR Alaska, Inc. for Central PeninsulaLandfill Construction andDemolition Cell Expansion and Fill Plan ..................................:.............. .32 h. Approval to waive formal bidding procedures and award contractfor Kenai Gentral High School Lockers to Centar lirdustries, Too. ....... . 33 Jame 17, 2008 z. Other a, Letter frem P.ic Plate, Kenai / Kodiak Area Office, State of Alaska Department of Natural Resources, Division of Forestry, expressing appreciation for Bruce Richards, Special Assistant to the Mayor, and Bonnie Hanson, Borough Office of Emergency Management, for support efforts associated with the Homestead Fire ................ 34 b. Memorandum from Colette Thompson, Borough Attorney, to Mayor Williams regazdingDolifkavs. Kenai Peninsula$oroughDecision on mofion for attorney fees ......................................35 c. Memorandum from Jeanne Camp, Economic Analyst ~ April Unemployment Data for the Kenai Peninsula Borough .............. 36 d. Spruce Bark Beetle Mitigation Program Activity Report--May 2008 ..........................................40 ............... e. Budget Revisions - Apri12008 ................................ 42 Paae 2 of 5 161 f. Budget Revisions -May 2008 ................................. 45 g. Revenue Expenditure Report - Apri12008 .......................49 h. Revenue Expenditure Report -May 2008 . . ...................... 52 M. ITEMS NOT COMPLETED FROM PRIOR AGENDA -None N. PUBLIC HEARINGS ON ORDIIiANCES (Testimony Iimitedto 3 minutes per speaker} 1. Ordinance 2007-19-50: Appropriating $1,000,000 from Fiscal Year 2009 Grant Funds Scheduled to Be Received from the Siate of Alaska Department of Commerce, Community and Economic Development to Provide Additional Funding for the Keystone Drive Road Service Area Capital Improvement Project {Mayor) (Referred to Finance Committee) ............ 55 2. Ordinance 2007-19-51: Appropriating $25,000 in Interest Income from the Spruce Bark Beetle Program to Address Building Defrciencies at Borough Property Leasedby CooperLandingEmergency Seruices,Ina {Mayor, Long) {Referred to Finance Committee} .................. . ........... _ ..... 60 3. Ordinance 2008-10: Amending KPB Tide 20 Requiring Documented Legal Access to Subdivisions within the Kenai Peninsula Borough (Martin) (Referred to Lands Committee} ...................... . ............... 63 4. Ordinance 2008-13; Confirming the Assessment Roil for the Chinulna Point Subdivision Road Improvement Assessment District (Mayor) {Referred to Finance Committee) .........:...........................:.........73 5. Ordinance 2008-16: Authorizing the Negotiated Lease of a 1.22-Acre Parcel of Borough Land in Hope, Alaska to the United States Postal Service for a Main Post Office Site (Mayor) (Refereed to Lands Committee) ............. 79 O. U1~~I?INISFIED BUSINESS -None P. NER' EUSINESS Resolutions *a. Resolution 2008-053: Accepting $100,000 from the Alaska Departrnent of Military and Veterans Affairs for Emergency Management Operations (Mayor} {Refereed to Finance Committee} ..113 *b. Resolufion 2008-054: Classifying Certain Borough Land Located in the Moose Pass Area Pursuant to KPB 17.10.080 (Mayor} (Ref rred to Lands C'ommitfee) .......................................118 June 17,2Q08 rage ~ oz ~ 162 *c. Resolution 2008-055: Denying the Acceptance of Late-Filed Senior Citizen Exemption Applications Filed after March 31, 2008 (Mayor) (Referred to Policies and Procedures Committee} ............ . .... 12b 2. Ordinances *a, Ordinance 2007-19-52: Accepting and Appropriating $25,225 from the Alaska Division of Homeland Security -and Emergency Management to Support the Activities of $re Kenai Peninsula Borough Local EmergencyPlanning Caznmittee{Mayor} (Hearing on 08(05/08) (Referred to Finance Committee) .....................160 *b. Ordinance2007-19-53: Appropriathrg $8,000 in)nterest Income from the Spruce Bark Beetle Program to Complete Construction of a Fire Station for Moose Pass Volunteer Fire Company (Long, Mayor) (Shortened Hearing on 07!08!08) (Referred to Finance Committee) ...166 *c. Ordinance 2007-19-54: Accepting and Appropriating a Grant from the United States Department of Agriculture, Forest Service, in the Amount of $984,000 for Spruce Bark Beetle Mitigation Program Work (Mayor) {Shortened. Hearing on 07/08!08) (Referred to Finance Committee) ..................:...........................170 *d. Ordinance 2008-17: Amending KPB 5.04.110 to Exclude Grazrt Funds from the Amounts Considered in Determining Whether a Capital Improvement Project Cost is Mare than $1,000,000 (Superman, Mayor} (Hearing on 08/05/08} (Referred to Finance Ccmmittee) ...............................................182 Q~ June 1?, 2008 3. Other * a. Petition to Vacate a Portion of Gasde Street, a 30-Foot Right-of--Way along the East Boundary of Lot 7D Gaede Eighty Subdivision Addition No. One (Plat KN 93 38), Dedicated by Gaede Eighty Subdivision (Flax KN 83-253); within Section 35, Township 5 North, Range 11 West, Seward Meridian, :Alaska.; and within the Kenai PeninsulaBoraugh; KPBFile 2008-103; NOTE: Alternate access will be dedicated; Location: North of Gas Welt Raad in Soldotna (Referred to Lands Committee} ...............................185 jCterk's Note: The Planning Commission approved the above referenced vacafion by unanimous consent at its regularly scheduled May 27, 2008 meeting.) PLiBLIC COMIVIEI~"I'S AP4I7 PUELIC PRESENTATIONS (3 minuies per speaker} Page 4 of 5 163 R. ASSEMBLY MEETING AND HEARING A~STN®CJNCEMENTS July 8, 2008 Regular Assembly Meeting 7:00 PM Soldotna S. ASSEMBLI' COMMENTS T. PENDING LEGI5LATI®N (This item lisi.s legislation whioh will be addressed at a later date as noted.) 1. Resolution 2007-051: Approving Plans for Participation in the Fiftieth Anniversary of Alaska Statehood Celebration (Mayor) (Referred to Policies and Procedures Committee) Tabled on II/20107 2. Ordinance 2008-14: Authorizingthe Sate ofCertain Parcels ofBorough Land by SealedBid (Mayor) (Hearing on 07108/0$} (Refarredto Lands Committee) 3. Ordinanae 2008-15: Authorizing theNegotiated Bate atFair Market Value of Tract 2 New Homer High School No. 2, According to Plat No. 1987-11, Containing 0.61 Acres to the Homer Assernbty of Clad; Bxcepting Therefrom Department of Transportation Right-o€--Way as per Quitclaim Deed. Recorded in Book 320 Page 38, Homer Recording District, Seward Meridian Alaska (Mayor) (Hearing on 07/08(08} (Referred to Lands Conunittee) I.T. INFORMATIONAL MATERIA3..3 AND REPORTS V. NOTICE OF NEXT MEETING AND AD30UILNMEIS'T The next meefing of the Kenai Peninsula Borough Assembly will be held on July 8, 2008, at 7:00 P.An. in the Borough Assembly Chambers, Soidotna, Ataska. This meeting will be broadcast on ICDLL-FM 91.9 (Central Peninsula}, KBBI-AM 890 (South Peninsula), KZOIAO-FM88.I (East Peninsula). Copses of agenda items are available at the Borough Clerk's Once in the MeeBng Room just prtor to the meeting. For further information, please call the Clerk's Office at 714-2160 or toll free within the Borough at 1-800- 478-4441, Ext. 2160. P`isit our webstte at www.borough.kenai.ak.us for copies of the agenda, meeting summaries, ardlnances and resolutions. June 1,2005 r any w v~ 164 CITY OF KENAI NOTICE OF PUBLIC HEARING JUNE 18, 2008 NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and/or Resolution(s) at its regular meeting of June 18, 2008. 1. Ordinance No. 2318-2008 -- Increasing Estimated Revenues and Appropriations by $501,632 in the Urea Storage Building Fund for Construction. 2. Ordinance No. 2319-2008 -- Amending the Ethics Rules for Elected and Appointed Officials and City Employees by Amending the Existing KMC 1.85.060 and 070. 3. Ordinance No. 2320-2008 -- Amending KMC 1.90.030 to Permit Appointment of Up to Two Members to Certain Advisory Boards, Commissions or Committees Who are Non-Residents of the City of Kenai Providing They Work at Least One- . Half Time Within the City. 4. Ordinance No. 2324-2008 -- 1) Amending KMC 13.20.030 to Prohibit Trespass in Posted Environmentally Sensitive Areas in a Portion of the South Shore of the Kenai Beach; 2) and Declaring an Emergency; and 3) Amending the City's Fine Schedule in KMC 13.10.015 by Adding a New Subsection 70 Providing for a $500 Fine for a Violation. a. Motion. for Introduction b. Motion for Second Reading (Requires a Unanimous Vote) c. Motion for Adoption (Requires Five Affirmative Votes) 5 Resolution No. 2008-35 -- Approving a Contract to Sterchi Construction for the Project Entitled Kenai Municipal Airport Urea Storage Building - 2008 for the Total Amount of $375,713.00. 6. Resolution iro. 2008-36 -- Approving a Contract to Hoiden Company for the Project Entitled Kenai Public Safety Garage - 2008 for the Total Amount of $1.65,368 Which Includes the Basic Bid and Additive Alternates No. 1 and No. 2. 7. Resolution No. 2008-37 -- Setting the Public Hearing Date on the Proposed Ames Road South LID Special Assessment District. 8. Resolution No. 2008-38 -- Recognizing Harold and Rita Daubenspeck for Their Support and Dedication to the Growth and Development of City of Kenai Parks and Recreation Opportunities. 9. Resolution No. 2008-39 -- Strongly Supporting the Upgrade and Improvement of Miles 45-60 of the Sterling Highway and Miles 18-26 of the Seward Highway. 10. *Renewal of Liquor Licenses -- Restaurant/Eatin P~ lace • Katina's Greek 8s Italian Restaurant, #4533. • New Peking Chinese Restaurant, #3239. • Pizza Hut #9, #2596. Winery • Matson Winery & Supply, #4676. 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 are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances may be amended by the Council prior to adoption without further public notice. COUNCIL PACKET DISTRIBUTION COUNCIL. MEETING DATE ~fi~x /n Q" I AGENDA DISTRIBUTION -- I ~ Sewer Treatment Plant Streets Sho Dock Building Maintenance Animal Control 0 Water/Sewer ' 'Counter DELIVER Council and Student Representative Packets to Police Department Dispatch desk. The Clarion, KSRM, Mellish & Schmidt's Office will pick their packet up in my office. The portion of the agenda published by the Clarion should be emailed ns soon as possible on pncket day. The camera-ready agenda c:/myfiles/documents/minutes/agenda form for paper) is emailed to Denise at Peninsu/aC/arion(at emnil folder Work Session/Special Meetings, or Composition in Contacts or (bell@acsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) nre usually emailed to me and I hold them in my HTML file. Place information (meeting e-packet and agenda, resolutions and ordinances for public hearing, etc. on the city's webpnge as soon ns possible before leaving the office for the weekend.