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HomeMy WebLinkAbout2008-10-01 Council PacketAGENDA ENAI CITY COUNCIL -REGULAR MEETING ~%~ OCTOBER 1, 2008 7:00 P.M. r,<<;yq~ KENAI CITY COUNCIL CHAMBERS NENRLGLWSXG http'.l/www.ci.kenai.ak.us U Work Session: 5:30 P, M., Council ChambersNVater System Improvements. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. 1. Ordinance No. 2350-2008 --Amending Estimated Revenues and Appropriations by $14,211 in the Senior Fund for Various Program Services. 2. Resolution No. 2008.59 -- Adopting the City of Kenai Capital Improvements Plan Priority List for State and Federal Funding Requests for the fiscal Year 2010. ITEM G: UNFINISHED BUSINESS --None ITEM H: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3, *Ortlinance No. 2357-2008 --Increasing Estimated Revenues and Appropriations by $6,350 in the General Fund for a Library Grant. 4. *Ordinance No. 2352-2008 -- Establishing Requirements for the Proper Disposal of Dog Solid Waste (Excrement) Deposited on Public Property or Private Property Not Owned or Lawfully Possessed by the Owner or Keeper of the Dog. 5. *Ordinance No. 2353-2008 -- Finding that Certain City-Owned Land, Identified as Fidalgo Commercial Municipal Spuare Replat, Third Recording District, Kenai, Alaska, (KPB Parcel No. 043-310-36), is Dedicated for the Purpose of City Facilities. 6. *Ordinance No. 2354-2008 --Amending KMC 23.55.080 to Provide that Only Employees Receiving a Rating of Satisfactory or Better During Their Last Performance Evaluation are Eligible for Longevity Pay for that Year and Providing that for the Calendar Year 2008 the Longevity Pay Will be Paid Prior to the end of the Calendar Year. 7. *Ordinance No. 2355-2008 -- amending KMC 21.10.110(b) and KMC 21.15.130(b) to Allow the City Council by Resolution to Authorize a Different Repayment Plan for Reimbursement of City Constructed Improvements on Leased Property. 8. 'Ordinance No. 2356-2008 -- Increasing Estimated Revenues and Appropriations by $19,000 in the General Fund Park Department for Rentals. 9. Discussion/Approval --Appointment of Advisory Cemetery Committee Membership. 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://www.ci.kenai.ak.us. Carol L Freas, City Clerk D/211 0 n. 0 Z W W J U Z O U >;~ y F W W C~ ~- ~ ~ ~ ~ Q Q ~ Cn J ~~JOo U7 tlJW CL~ } W ~ ~ ~ J ~ O W W J~CnJJI- p ~ J r ~ U~) Wft~lmd ~ ' z W Z r ~ p Z ~ J ~ ~ ~ J H ~' ~ ~ w ~ ~ m a c i~ c n ~I C~ QQ~(n~Ja' ~~°oooo (n(n W CC~~]~d ~ ' z W r ~ Z Z ~ J p ~ Cn Jo J I-i p d Q ~ pJ Cn o J o o oll (n ~ , Z:. ~ W ~W W ~ ~- CL p v ',. Z = ~ Q J Q ~ p Cn tn ~ J J } f ~ ~~ '~ c~n c~n w ~ ~ m a AGENDA KENA% CITY COUNCIL -REGULAR MEETING SEPTEMBER 17,2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: J /www.ci.kenai.ak.u s Work Session: Water System Improvements -- 5:30 p.m. ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *Al1 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) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS TTEM „&.; PLTBLIC HEARINGS (Testimony limited to 3 minutes per speaker.] 1. Ordinance No. 2350-2008 -- Amending Estimated Revenues and Appropriations by $14,211 in the Senior Fund for Various Program Services..... 2. Resolution No. 2008-59 -- Adopting the City of Kenai Capital Improvements Plan Priority List for State and Federal Funding Requests for the Fiscal Year 2010 ............................................................................................................. ITEM F: MINUTES 1. *Regular Meeting of September 17, 2008 ......................................................... ITEM G: ITEM H: NEW BUSINESS 1 3 8 1. Bills to be Ratified .......................................................................................... 26 2. Approval of Purchase Orders Exceeding $15,000 .............................................. 27 3. *Ordinance No. 2351-2008 -- Increasing Estimated Revenues and Appropriations by $6,350 in the General Fund for a Library Grant .................... 28 4. *Ordinance No< 2352-2008 -- Establishing Requirements for the Proper Disposal of Dog Solid Waste (Excrement) Deposited on Public Property or Private Property Not Owned or Lawfully Possessed by the Owner or Keeper of the Dog .......................................................................................................... 29 5. *Ordinance No. 2353-2008 -- Finding that Certain City-Owned Land, Identified as Fidalgo Commercial Municipal Square Replat, Third Recording District, Kenai, Alaska, (KPB Parcel No. 043-310-36), is Dedicated for the Purpose of City Facilities ................................................................................. 31 6. *Ordinance No. 2354-2008 -- Amending KMC 23.55.080 to Provide that Only Employees Receiving a Rating of Satisfactory or Better During Their Last Performance Evaluation are Eligible for Longevity Pay for that Year and Providing that for the Calendar Year 2008 the Longevity Pay Will be Paid Prior to the end of the Calendar Year ....................................................................... 32 7. *Ordinance No. 2355-2008 -- amending KMC 21.10.110(b) and KMC 21.15.130(b) to Allow the City Council by Resolution to Authorize a Different Repayment Plan for Reimbursement of City Constructed Improvements on Leased Property ............................................................................................. 34 8. *Ordinance No. 2356-2008 -- Increasing Estimated Revenues and Appropriations by $19,000 in the General Fund Park Department for Rentals.... 36 9. Discussion/Approval -- Appointment of Advisory Cemetery Committee Membership ................................................................................................... 39 ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging ............................................................................................ 46 2. Airport Commission ........................................................................................ -- 3. Harbor Commission ....................................................................................... -- 4. Library Commission ....................................................................................... -- 5. Parks & Recreation Commission ..................................................................... -- 6. Planning & Zoning Commission ...................................................................... 50 7. Miscellaneous Commissions and Committees a. Beautification Committee .............................................................. -- ............. b. Alaska Municipal League Report ................................................................. -- c. Mini-Grant Steering Committee .................................................................. -- ITEM J: REPORT OF THE MAYOR ........................................................ -- YTEM K: ADMINISTRATION REPORTS 1. City Manager ................................................................................................... __ 2. City Attorney ................................................................................................... -- 3. City Clerk ............................................ -- ........................................................... ITEM L: DISCUSSION 1. Citizens (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.) Resolution No. 2008-47 -- Terminating the Project Entitled "Ames Road South LID Special Assessment District." (Clerk's Note: At the August 6, 2008 council meeting, Resolution No. 2008-47 was substituted and postponed to September 3, 2008. At the September 3, 2008 council meeting, Resolution No. 2008-47 was postponed to October I5, 2008. The motion to approve is active.) Ordinance No. 2347-2008 -- Repealing the Existing KMC 1.15.040 and KMC 1.15.050(c) Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a New Section KMC 1.15.040 Entitled, Agenda and Packet - Developmezat-Preparation-Distribution-Publscation-Late Materials. Substitute Ordinance No. 2347-2008 -- Repealing the Existing KMC 1.15.040 and KMC 1.15.050(c) Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a New Section KMC 1.15.040 Entitled, Agenda and Packet - Development-Preparation-Distribution-Publication-Late Materials. (Clerk's Note: Ordinance No. 2347-2008 and Substitute Ordinance No. 2347-2008 are pending: The original Ordinance No. 2347-2008 was introduced at the September 3, 2008 meeting; a motion to move Subs'ciiute Ordinance IJo. 2347-2008 is on the table from the September 17, 2008 meeting; a motion to postpone (with no time certain) and schedule a work session on the ordinances followed and was passed; and, a work session was scheduled for October 15, 2008 in the council chambers, beginning at 5:30 p. m.) -- None Scheduled. ITEM N: ADJOURNMENT INF~O~RMyA~TI-I3NryITryEM5p SEt lEMDEli 1 l y !e®®O Page No. 1. 10/ 1/2008 Purchase Orders Between $2,500 and $15,000 for council review ............................................................................................................ 59 2. 9/22/08 Public Works Department, Project Status Report. 60 3. 9/ 17/08 R. A. Motzko, FAA, Regional Runway Safety Program Manager letter related to Regional Runway Safety Action Team meeting scheduled for September 30, 2008 to discuss operations and pending developments at Kenai Municipal Airport. 61 ocTOSER I , zoos REGULAR COUNCIL MEETING REQUESTED ADDITIONS/CHANGES TO THE PACKET ITEM REQUESTED BY: SUBSTITUTE: H-B, Purchase Orders Exceeding $15,000 -- Decrease to UNVAR. FINANCE ADD TO: H-9 (PAGE 39) -- Application of Dennis Gregory to be Considered for appoint to the Advisory Cemetery Committee CITY CLERK CONSENT AGENDA No changes. ~ '~ ~ Suggested by: Administration ah~~rry~f CITY Ola' KENAI REMA~ SKA ORDINANCE NO. 2354-2408 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING ESTIMATED REVENUES AND APPROPRIATIONS BY $14,211 IN THE SENIOR FUND FOR VARIOUS PROGRAM SERVICES. WHEREAS, at the time the City of Kenai budget was approved by Council, the grant award for the Council on Agn1g Title III grant, the Kenai Peninsula Borough Grant, and the United Way allocation had not been approved; and, WHEREAS, the Council on Aging Title III grant award was $4,336 more, the Kenai Peninsula Borough Grant was $10,485 more and the United Way allocation was ~w600 less than the original budget; and, WHEREAS, it is in the best interest of the City of Kenai to adjust the Senior Cifizen Fund for these grant changes and utilize this additional funding. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased/decreased as follows: Senior Citizen Fund Increase Estimated Revenues: Kenai Peninsula Borough Grant State of Alaska Title III Grant Decrease Estimated Revenues: United Way Increase Appropriations: Access -Office Supplies Operating Supplies Transportation Books Congregate Meals -Small Tools Repair & Maintenance New Text. Underlined; !DELETED TEXT HRACKETEU~ $10,485 4,336 <600> Y4 22 $400 $,000 2,400 221 2,000 1,200 1.4.221 1 Ordinance No. 2350-2008 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF IkENAI, ALASKA, this first day of October, 2008. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Introduced: September 17, 2008 Adopted: October 1, 2008 Effective: October 1, 2008 Approved by Finance:~,~~. (09/08/2008) hl New Text Underlined; [DELETED TEXT BRACKETED] 2 \\ ~L~;~~fJ/ KENAv SICA CITY OF KEPIAI Suggested by: Administration RES®I,UTIC-N NO. 2048-59 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPTING THE CITY OF KENAI CAPITAL IMPROVEMENTS PROGRAM PRIORITY LIST FOR STATE AND FEDERAL FUNDING REQUESTS FOR FISCAL YEAR 2010. WHEREAS, the Capital Improvements Program (CIPj is a guide for capital expenditures; and, WHEREAS, the City of Kenai CIP process has involved consideration of existing plans, programmatic needs and public input; and, WHEREAS, the CIP compliments the legislative priorities, City Budget and Comprehensive Plan; and, WHEREAS, the Kenai City Council held a public hearing on the adoption of the City of Kenai Capital Improvements Program for Fiscal Year 2010 on October I; 2008. 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Pledge of Allegiance 2. Roll Ca11 3. Agenda Approval 4, Consent Agenda *All items listed with an asterisk (T') are considered to be routine and non- controversial by the council and will be approved by one motion. There wiIl 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 (IO minutes) I. D'Anna Gibson and Brad Nyquist -- KCHS Nordic Ski Team. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS YTEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2314-2008 -- Enacting KiVIC 23.55.080 Providing for Longevity Pay of two Percent (2%} for Certain Employees in Step CC in the City of Kenai Salary Schedule. (Clerk's Note: At the June 4, 2008 council meeting, Ordinance No. 2314-2008 was postponed to August 6, 2008. At the August 6, 2008 meeting, the ordinance was postponed to the September 3, 2008 meeting, At fhe September 3, 2008 meeting, the ordinance was postponed to September T 7, 2008. The motion to approve is active.) a. Substitute Ordinance No. 2314-2008 -- amending KMC 23.55.020 Providing for the Addition of Steps DD and EE to the City of Kenai Salary Schedule. Ordinance No. 2343-2008 -- Increasing Estimated Revenues and Appropriations by X20,000 in the Dune Rehabilitation & Conservation Capital Project Fund for Dune Rehabilitation, Signage and Fencing. g 3. Ordinance No. 2344-2008 -- Increasing Estimated Revenues and Appropriations. by $25,000 in the Tidal Marsh Rehabilitation 8v Conservation Capital Project Fund for Tidal Marsh Rehabilitatinn. 4. Ordinance No. 2345-8008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Soccer Park Capital Project Fund for a Soccer Park Maintenance Building. 5. Ordinance No. 2346-2008-- Increasing Estimated Revenues and Appropriations by $73,030 in the Dune Rehabilitation & Conservation Capital Project Fund for Construction of Elevated Walkways and Fencing. 6. Ordinance No. 2347-2008 -- Repealing the Existing KMC 1.15.040 and KMC 1.15.050(cj Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a New Section KAQC 1.15.040 Entitled, Agenda and Packet -Development-Preparation-Distribution- Publication-Late Materials. a. Substitute Ordinance No. 8347-2008 -- Repealing the Existing KMC 1.15.040 and KMC 1.15.050(c) Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a New Section KMC 1.15.040 Entitled, Agenda and Packet Development-Preparation-Distribution-Publicat"son-Late Materials. Ordinance Nc. 2349-2008 -- Amending the Kenai Zoning Code at KMC 14.20.180 to Frevent the Same or Substantially Similar Variance Permit Applications From Being Considered by the Planning & Zoning Commission More Than Once in Any Nine Month Period. 8. Resolution ":o. 2008-54 -- Establishing the i,ower River Drift Boat Pull- out as the Highest City of Kenai Priority far Capital Improvement Funding far Fiscal Year 2009 and 2010. (Clerk's Note: At the August 20, 2008 council meefing, Resolution No. 2008-54 received a motion to approve, a motion to amend, and then was tabled to September 17, 2008. Tke motions to approve and amend are active. a. Substitute Resolution No. 2008-54 -- Requesting the State of Alaska Establish the Lower Kenai River Drift Boat Pull-Out Project as a High Priority for State and Federal Funding. Resolution No. 2008-55 -- Supporting the Creation of a li.S. Department of Peace. (Clerk's Note: At the September 3, 2008 council meeting, Resolution No. 2008-55 was postponed with no time certain.) a. Substitute Resolution No. 2008-55 -- Supporting the Concept of Peace Both in the World and i,ocally. 10. Resolution No. 2008-58 -- Rescinding and Replacing the City of Kenai Retenfion Schedule. ITEM E`: MINUTES 1. *Regular Meeting of September 3, 2008. ITEM G': ITEM H: NEW BUSINESS 1. Bi11s to be Ratified 2. Approval of Purchase Orders Ehceeding $15,000 3. *Ordinance No. 2350-2008 -- Amending Estimated Revenues and Appropriations by $14,211 in the Senior Fund for Various Program Services. 4. Approval -- October 7, 2008 City of Kenai General Electionf Election Board Members. 5. Discussion/Appraval -- City Manager Contract. ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. .Airport Cormission 3. Harbor Commission 4. .Libra^,~ CamTM.ission 5. Parks 8v Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beaufification Committee b. Alaska Municipal League Report c. Mini-Grant Steering Committee ITEM J: REPORT OF THE MAYOR YTEM K: I. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION L Citizens (five minutes) 2. council 10 TTENi 1~: PENDING LEGISLATId7N (This ifem lists legislation which wi11 be addressed at a later date as noted.) I3esoiutioa Na. 2p08-47 -- Terminating the Project Entitled "Ames Road South L1D Special Assessment District." (Clerk's .Note: At the August 6, 2008 council meeting, Resolution No. 2008-47 was substituted and postponed to September 3, 2008. At the September 3, 2008 council meeting, Resolution Rro. 2008-47 was postponed to October I5, 2008. The motion to approve is active.) -- None Scheduled YTEM N: 11 ICENAI CITY COUNCIL -REGULAR MEETING SEP'T'EMBER I7, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / lwww.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Gouncil Chambers in the Kenai City Hall Building. A-I. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A-2. ROLL CALL The City Clerk took roll. Present were: Pat Porter, Mayor __ !Linda Swarner, Vice Mayor Hal Smaile~ rBarry Eldridge !Rick Ross j Bob Molloy ~, Mike Boyle j A quorum was present. Also present: Maya Johnson; Student Representative A-3. A^pEP\DA APPRO.'A:, Mayor Porter noted a request to add an executive session on a personnel matter to the agenda. MOTION: Council Member Smalley MOVED for approval of The agenda with the requested amendment and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA MOTION: Council Member Eldridge MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 12 KENAI CITY COUNCIL MEETING SEPTEMBER 17, 2008 PAGE 2 S-1. D'Anna Gibson and Brad Nyquist -- KCHS Nordic Ski Team. Ms. Gibson stated she and Brad Nyquist were coaches for the KCHS Nordic Ski Team and gave a slide show presentation of the team`s beach clean-up efforts during the dip net fishery. Gibson thanked the council for the opportunity and stated their desire to do the clean-up again during 2009. Gibson and Nyquist were advised to contact City Manager Koch in that regard. YTEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) C-1. Natasha Ala, Executive Director, Kenai Convention ~ Visitor Bureau Ala gave an update on the proposed guide to Kenai and distributed a sample of the Kenai information they hoped to include. City Manager Koch reported he would be meeting c~dth Ala during the next week to discuss costs, etc. and include the issue as a discussion item for the next council meeting. C-2. Robert Ruffner, Executive Director, Kenai Watershed Forum Ruffner gave a brief update on the hydrocarbons in the Kenai River and noted, it appeared the problem had been largely salved because the user groups came together and agreed on a solution and thanked the Council and administration for participating in the effort. Ruffner also gave a brief update on the placement of the culvert along the dock road, noting the main heavy equipment work had been completed in June and the binding platform placement would be completed in the next, couple of weeks. ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS -- None. ITEM E: PUSLYC BEARINGS (Testimony limited to 3 minutes per speaker.} E-1. Ordinance No. 2314-2008 -- Enacting KMC 23.55.080 Providing for Longevity Pay of Two Percent (2%j for Certain Employees in Step CC in the City of Kenai Salary Schedule. (Clerk`s Note: At the June 4, 2008 council meeting, Ordinance No. 23I4-2008 was postponed to August 6, 2008. At the August 6, 2008 meeting, the ordinance was postponed to the September 3, 2008 meeting. At the September 3, 2008 meeting, the ordinance was postponed to September 17 2008. The mofion to approve is active.) MOTYON: 13 KENAI CITY COUNCIL MEETING SEPTEMBER I7, 2008 PAGE 3 Council Member Smalley MOVED for adoptian of Ordinance No. 2314-2008 and Council Member Boyle SECONDED the motion. E-Ia. Substitute Ordinance No. 2314-2008 -- amending KMC 23.55.020 Providing for the Addition of Steps DD and EE to dze City of Kenai Salary Schedule. MOTION: Council Member Ross MOVED to amend by moving the Substitute Ordinance Na. 2314-2008 and Council Member Eldridge SECONDED the mofion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. Council comments included: • Objections to the substitute (with the original ordinance, the initial cost would be less than tha substitute; PERS woixld not he impacted; the market salary range would not be increased; a rate was already established to calculate a salary; two percent (2%) a year after the second year would be more fair than 2.5% after five years; it would not add steps to the salary schedule). • Support of the substitute {disagreement with giving bonuses in government employment; the original ordinance would not fit the present pay plan; and, the substitute would keep within the current performance plan). 'D'OTE 023 AME.°roD'raE;NT: *Student Representative Johnson: Yes Porter Yea Swarner No Smalle No Eldrid e ,Yes Ross Yes Molioy No ~ Boyle ~ No ~ ~ ~ MOTION FAILED. VOTE ON MAIN MOTION: *Student Representative Johnson: Yes Porter , No Swarner Yes Smalley Yes Eldridge No ~ Ross ~ No ~ Molloy ~ Yes ~ Boyle ~ Yes ~ ~ ~ __ _~ MOTION PASSED. 14 KENAI CITY, COUNCIL MEETING SEPTEMBER 17, 200$ PAGE 4 E-2. Ordinance No. 2343-2008 -- Increasing Estimated Revenues and Appropriations by X25,000 in the Dune Rehabilitation 8v Conservation Capital Project Fund for Dune Rehabilitation, Signage and Fencing. MOTION: Council Member Swarner MOVED for approval of Ordinance No. 2343-2008 and 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 closed. There were no council comments, VOTEe *Student Representative Johnson: Yes E-3. Ordinance No, 2344-2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Tidal Marsh Rehabilitation F~ Conservation Capital Project Fund for Tidal Marsh Rehabilitation. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2344-2008 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. There were no council comments. VOTE: 15 MOTION PASSED UNANIMOTTSLY. *Student Representative Johnson: Yes KENAI CITY COUNCIL MEETING SEPTEMBER 17, 2008 PAGE 5 MOTION PASSED iTN~,NIMOCISLY. E-4. Ordinance No. 2345-2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in The Soccer Park Capital Project Fund for a Soccer Park Maintenance Building. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2345-2008 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. There were no council comments. VOTE: "Student Representative Johnson: Yes ~ Porter Yes I Swarner ;Yes I Smalle ~ Yes Eldridge _ _ _ ~ Yes ;Ross Yes ;Molloy I Yes MOTION PASSED UNANIMOUSLY. E-5. OrdiraaraoP Noo 2346-2608-- increasing Estimated. Revenues and Apprapriations by $73,030 in the Dune Rehabilitation 8v Conservation Capital Project Fund for Construction of Elevated Walkways and Fencing. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2346-2008 and Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. There were no council comments. VOTE: *Student Representative Johnson: Yes Porter ~ Yes ~ Swarner Yes ' Smalle Yes Eldridge Yes Ross Yes .Molloy Yes 16 KENAI CI'T'Y' COUNCIL MEETING SEPTEMBER 17, 2608 PAGE 6 MOTION PASSED UNANIMOUSLY. E-6. Ordinanee No. 2347-200$ -- Repealing the Existing KMC L 15.040 and KMC 1.15.050(cj Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a New Section KMC 1.15.040 Entitled, Agenda and Packet -Development-Preparation-Distribution- Publication-Late Materials. E-6a. Substitute Ordxnanee No. 2347-2008 -- Repealing the Existing KMC 1.15.040 and KMC 1.15.050(cj Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a New Section KMC 1.15.040 Entitled, Agenda and Packet -Development-Preparation- Dzstributson-Publication-Late Materials. MOTION: Council Member Molloy MOVED to enact Substitute Ordinance No. 2347-2008 and Council Member Boyie SECONDED the motion. The floor was opened for public hearing. Kellie Kelso, 117 4~alker Lane, Kenai -- Kelso spoke in support of Substitute Ordinance No. 2347-2008, noting the amendments would allow the public more time to Speak. t0 the nrdina_nce. There being no further public comments, the public hearing was closed. Council comments included: • The theme of the ordinance was to improve the process by offering more time for public to participate with changes to when the packet would be prepared, electronically available, and the newspaper advertisement placed earlier; would codify the procedure instead of having unwritten policies; and, codifies the ability for the mayor or council members to sponsor items. • Concerns with codifying procedures and procedures could be placed on the city website to assist the public. • Would prefer a work session to review each item. • The shortness between meetings and preparation of the next agenda would shorten the time available for staff to investigate, prepare, etc. for the next. council meeting. MOTION TO POSTPONE: 17 KENAI CITY COUNCIL MEETING SEPTEMBER 17, 2008 PAGE 7 Council Member Smalley MOVED to postpone Ordinance No. 2347-2008 and set a work session for 5:30, October 15, 2008. Council Member Swarner SECONDED the motion. VOTE ON MOTION TO POSTPONE: *Student Representative Johnson; Yes Porter Yes Swazner ~ Yes Smalle Yes Eldridge Yes Ross Yes MoIlov Yes j Boyle i Yes ~ ,MOTION PASSED IINANIMOIFSLY. E-7. Ordsnauee No. 2349-2008 -- Amending the Kenai Zoning Code at KMC 14.20.180 to Prevent the Same or Substantially Similar Variance Permit Applications From Being Considered by the Planning & Zoning Commission More Than Once in Any Nine Month Period. MOTION: Council Member Eldridge MOVED to approve Ordinance No. 2349-2008 and Council Member Smalley SECONDED the motion. The floor was opened *'or gublic nearing. There being no are wishing to be heard, the public hearing was closed. It was noted, the nine-month period would mirror code requirements for Conditional L'se Permit requests. VOTE: *Student Representative Johnson: Yes E-8. Resolution No. 2008-54 -- Establishing the Lower River Drift Boat Pull- out as the Highest City of Kenai Priority for Capital Improvement Funding for Fiscal Year 2009 and 2010. 18 MOTION PASSED UNANIbIO€TSLY. KENAI CITY COUNCIL MEETING SEPTEMBER 17. 2008 PAGE 8 (Clerk's Note: At the August 20, 2008 council meeting, Resolution No. 2008-54 received a mofion to approve, a motion to amend, and then was tabled to September 17, 2008. The motions to approve and amend are active. E-8a. Substitute Resolution No. 2008-54 -- Requesting the State of Alaska Establish the Lower Kenai River Drift Boat Pull-Out Project as a High Priority for State and Federal Funding. MOTION: Council Member Ross MOVED Substitute Resolution No. 2008-54 and Council Member Swarner SECONDED the motion. The floor was apened for public hearing. There being no one wishing to be heard, the public hearing was closed. Council and administrative comments included: • The State of Alaska was studying the need and an appropriate site location. • City may not have or need to participate in developing a puA out. • The city could choose to be involved if the council would decide to provide land. + It was not envisioned city employees would do any work on the project. • fihe city could be given information related to site selection, appropriation of funds, etc. from the state. • Becat:se the project would also be an issue iazvolving the City of Sol.dotna and the Kenai Peninsula Borough, their support should be acquired. • The substitute ordinance was reviewed by the Parks & Recreation Commissior as well as the Harbor Commission and was recommended for council approval. owned. VOTE: No objecfion to the substitute, but desire the facility would be city *Student Representative Johnson: Yes Porter Yes Swarner ~ Xes Smalle Yes Eldridge Yes Ross Yes Molloy Yes ~ ~ Boyle ~ Yes ~ j MOTION PASSED UNANIMOUSLY. E-9. Resolution No. 2008-SS -- Supporting the Creation of a U.S. Department of Peace. 19 KENAI CITY COliNCIL MEETING SEPTEMBER l7, 2048 PAGE 9 (Clerk`s Note: At the September 3, 2008 council meeting, Resolution No. 2008-55 was postponed with no time certain.) E-9a. Substitute Resolution No. 2008-55 -- Supporting the Concept of Peace Both in the LUorld and Locally. MOTION: Council Member Swarner MOVED for approval of Substitute Resolution No. 2408-SS and Council Member Boyle SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, fhe public hearing was closed. There were no council comments. VOTE: `~Stu,dent Representative Johnson: Yes E-ILI. Resalution No. 2008-58 -- Rescinding and Replacing ±he City of Kenai Retention Schedule. MOTION: Council Member Swarner MOVED for approval of Resolution No. 2048-58 and requested UNANIA20US CONSENT. Council Member Smalley SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM F: MINUTES F-1. Regular Meeting of September 3, 2008 -- Approved by consent agenda. ITEM Cs: UNFINISHED BUSINESS -- None. ITEM H: NEW BUSINESS 20 MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING SEPTEMBER 17, 2008 PAGE 10 H-1. ,Bills to be Ratified MOTION: Council Member Smalley MOVED to ratify the bids. Council. Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Exceedissg $15,000 MOTION: Council Member Swarner MOVED to approve the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. VOTE: There were no objections. SO ORDERED. a L+ r maerr.. t, -C.- sa~~'iAI> isSRL'3de. (:J3 P.F. BACK TO ORDER: 8:05 P.M. H-3. Ordsnance No. 2350-2008 -- Amending Estimated Revenues and Appropriations by $14,21 i in the Senior Fund for Various Program Services. Introduced by approval of consent agenda. H-4. Approval -- October 7, 2008 City of Kenai General Election/Election Board Members. MOTION: Council Member Swarner MOVED to appoint the persons as presented on page 119 of the council packet as eiection board members for the October 7, 2008 City of Kenai election and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: ~1 KENAI CITY COUNCIL MEETING SEPTEMBER 17, 2008 PAGE 11 There were no objections. SO ORDERED. 2i-5. Discussion/Approval -- City Manager Contract. MOTIOZd: Council Member Ross MOETED far approval of the City Manager Contract and Council Member Eldridge SECOTdDED the motion. VOTE: "Student Representative Johnson: Excused from the meeting remaining. Porter Yes Swarner Yes Sm~al e1e1 Yes ~ Eldridge Yes Ross ,Yes I Molloy Yes Boyle Yes j MOTIOPI PASSED LTNAIVIMOITSLY. ITEM I: COMMISSIOATICOMMITTEE REPORTS I-I. Council on Aging -- Council Member Eldridge referred to the September i 1, 2008 meeting summary included in the packet and reviewed items discussed. He rLG tGd hE" would be ab8ent frGul ulc ^vcto b8r ; Arad iv v'ti Ciuber 13 mGetl.rtgG3. ivlfayor Porter stated she would attend in his absence. I-2. Airport Commission -- Council Member Molloy reported there was ne quorum present for the September 11, 2008 meeting. I-3. harbor Commission -- Council Member Boyle reviewed the September 8, 2008 meeting summary included in the packet and noted actions taken and discussions held. I-4. Library Commission -- Council Member Smalley reported the next meeting would be held October 7, 2008. I-5. Parks & Recreation Commissions. -- Council Member Eldridge referred to the September 4, 2008 special meeting summary and noted the next meeting would be held October 2. I-5. Planning & Zonnng Commissioa -- Council Member Ross referred to the minutes of the September 10, 2008 meeting included in the packet. 22 KENAI CITY COUNCIL MEETING SEPTEMBER 17, 2008 PAGE 12 I-7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- Mayor Porter noted she attended the September 9, 2008 meeting for Council Member Swarner and there was no quorum. I-7b. Alaska Municipal League Report -- Council Member Smalley reported a telephonic transportation subcommittee meeting was held, however he did not participate. I-7c. Mini-Grant Steering Committee -- No meeting: ITEM J: REPORT OF THE MAYOR -- Mayor Porter noted the following: • ,She attended the closing of the art show at the Visitors Center. • She attended the dome committee meeting. • She attended the Kenai Peninsula Food Bank Soup Supper. • She attended the tree-clearing project at the high school. • She was in the process of preparing the fall newsletter. • The Economic Deveioprnent District would hold an economic forum and city administration would be invited to attend. • Lincoln Wensley would be applying for a President's Environmenial Youth Award with regard to his 'save the dunes' project. ITEM K: I~-I. City Manager -- City Manager Koch reported the fcllovring: • The Request for Proposals for the library expansion project were available to the public. • Tim Navarre agreed to manage the fundraising for. the Rasmuson library grant match. • ,Reminded all of the work session scheduled for 5:30 p.m. on October 1, 2008 related to water system improvements. • Attended the latest sports dome meeting and discussion included a search for funding to conduct a feasibility study and a Borough recreation service area had been suggested to fund the project, requiring a vote of the people to increase the mill rate. A parks and recreation survey would take place in the next months. Ice would be in at the multipurpose facility the 5rst week of October. Marathon Road paving was expected to be completed in the next weeks. K-2. Attorney -- City Attorney Graves reported the initial attachments to Permanent Fund Dividends for unpaid traffic fines was expected to be $1'7,000. He complimented his assistant, Lee Salisbury, for inputting the required information to attach the dividends. 23 KENAI CITY COTJNCIL MEETING SEPTEMBER 17, 2008 PAGE 13 If-3. City Clerk -- City Clerk Frees reported the following items: • Absentee voting would begin on September 22, 2008. • .Applications for appointment to the Advisory Cemetery Committee would be included in the next packet far consideration. • Gave a report of costs involved with the Proposition A informaftonal flyer and noted it would be in the mail on September 26. ITEM[ L: DISCUSSIdN L-1. Citizens -- None. I-z. Council Boyle -- • Referring to the Kenai Pofice Department mid-month report included in the packet, stated he thought it cornmandable the number of warnings given by the officers prior to a citation being issued. • Thanked Senior Director Craig for recognizing the students who built a shed for the Senior Center. Malloy -- Stated he toured the new construction at the court house and noted there would be three new court rooms; a reception was being planned in the new year; and, the court system was very pleased with the parking lot lease. Ross -- Na comments. Eldridge -- • Reported he would be attending an Economic Development District Board meeting in Seward on Thursday. • Asked when the court house parking lot would be paved. Koch reported it would be paved next year. Smalley -- Stated it was good to see former Council Members Bannock and Joe Moore in the audience. Swarner -- Thanked all who supported the Food Bank during the year and invited elected officials to serve in the soup kitchen on September 30, 2008. ITEM M: PENDING LEGISLATI®N (This item lists legislation which will be addressed at a later date as noted.) Resolution No. 2008-47 -- Terminating the Project Entitled "Ames Road South LID Special Assessment District." (Clerk's Note: At the August 6, 2008 council meeting, Resolution No. 2008-47 was substituted and postponed to September 3, 2008. At the 24 KENAI CITY COUNCIL MEETING SEPTEMBER 17, ?008 PAGE 14 September 3, 2008 council meeting, Resolufian No. 2008-47 was postponed to October 16, 2008. The motion to approve is active./ -- Persannel Matter (added. at the beginning of the meeting). MOTION: Council. Member Swarner MOVED to convene in an executive session of the Council of the city of Kenai, concerning a personnel matter, which by lacx~, municipal charter, or ordinance, was required to be confidential. Council Member Molloy SECONDED the motion. VOTE: CONVENED INTO EXECUTIVE SESSION: 8:35 P.M. BACK TO ORDER: 8:47 P.M. Council Member Swarner reported the council met and directed administration to proceed with the persar~nel ~i~atter that was presented to them. ITEM N: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approidmately 8:48 p.m. Minutes submitted by: Carol L. Freas, City Clerk Y'The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shalt be cast prior to the official council vote and shall not affect the outcome of a uote. Advisory votes shall be recorded in the minutes. Student representatives may not moue or second items during a council meeting. 25 MOTION PASSED UNANIMOUSLY. F ces O m ~ Q ~ ~ LtE m d U' F Z ~ a ~ v a t .~ a a F Z Ltl y ,¢ O 0. GC O ~ > °w 4 CF W t U Z U o ~ N O ~ W 'f" 2 pp.-.~ 0. U~ N ~ U ~ ~ ® va w cs ° ~ ~ O a . o ~ ui Cy ~ ~' W ~ ~ > z w a ~ U J Z -^ . ~ z d ® } a a v ° > z 26 0 0 d n 0 si N d O 4J V N J U W x U rn 0 0. +t L Z O U W W 2 U Y ~S 0 e, O cr a aq" W Q t!S Bid L'S C? e' E U x a 0 s~v t1J d a U O ti: O Z W W S z 0 U K O z 27 rn rn w N Q U w z U rn d z 0 N r m O U O 4 z w w g J 'v z a 0 F W CI l6J a w x U a a 0 0 0 0 0 in v` N b 4 O CS O O r J d U W S U rn 0 Y 0. rn m ro 4 U_ W Y U rn u. z 0 0 0 o" 0 0 w O W Q W a z ~. 0 r z 0 a e .tin, ,. ,/ th<~~uy o f // KEAAI~~AI,ASR~ Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2351-B008 AN ORDINANCE OF THE COUNCIL OF THE CFTY OF KENAI, ALASKA, FNCREASING ESTIMATED REVEUES AND APPROPRIATIONS BY $6;350 IN THE GENERAL FUND FOR A LIBRARY GRANT. WHEREAS, the City of Kenai received a grant from the State of Alaska, Department of Education Sv Early Development for the purchase of books at the Library; and, WHEREAS, it is in the best interest of the City of Kenai to appropriate these grant funds for the purpose intended. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Library -State Grants ~w6,350 Increase Appropriations: Library -Books $6,350 PASSED BY THE COUATCIL OF THE CITY OF KENAI, ALASKA, this 15th day of October, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: /- d~e?.~.- (09/18/2008j hl Introduced: October I, 2008 Adopted: October 15, 2UOS Effective: October 15, 2008 New Text Undertrned; DELETED TEXT BRACKETED) 28 n, .~.._-: the criv of // Suggested by: Administration GETY O'F KENAI OR53IN~NCE NO. 2352-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING REQUIREMENTS FOR THE PROPER DISPOSAL OF DOG SOLID WASTE (EXCREMENT) DEPOSITED ON PUBLIC PROPERTY OR PRIVATE PROPERTY NOT OWNED OR LAWFULLY POSSESSED BI' THE OWNER OR KEEPER OF THE DOG. WHEREAS, tha ordinances of the City of Kenai do not currently require the person(s) in ownership or control of a dog that deposits its solid waste (excrement)on public property or private property not oc~med or controlled by the owner or keeper of the dog to properly dispose of the dog's waste (excrement); and, V.'HEREAS, the owners or keeper of dogs who deposit excrement on public property or private property of another person should be required to immediately properly dispose of such excrement; and, WHEREAS, requiring immediate disposal of such excrement will be beneficial to the public health and welfaze. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the City of Kenai Code of Ordinances is hereby amended by adding a new section to be numbered KMC 3.10.080 as set forth below. KMC 3.10.080 Disposal of Dog Solid Waste (a) Defmitions. 1~ Immediate -shall mean that the pet solid waste is removed at once without delay ll Owner/Fieeper-any person who shall possess, maintain, house or harbor any pet or otherwise have custody or control of any dog whether or not the owner of such pet. (3j Person -any individual. corporation. company partnership firm jurisdiction. j4j Doa -doa shaIl mean domestic or domesticated member of the fauuly canidae. ll Doa solid waste -waste matter expelled from the bowels of the doe: excrement. 1~ Proper disposal -placement in a designated waste receptacle or other system designed to convey domestic sewaee for proper treatment and disposal. New Text lindertined; [DELETED TEXT BR4Csi.ETED~ 29 Ordinance No. 2352-2008 Page 2 of 2 (b~ Requirement for Disacsal. All doa owners and keepers are required to immediately and properly dispose of their doe's solid waste deposited on an~property, public or private, not owned ar lawdullv~ossessed that person. Jcl Exemptions. Any owner or keeper who requires the use of a disability assistant doa shall be exempt from the provisions of this section while such animal is beine used for that purpose. PASSED BY THE COUNCIL OF THE CITY OF KENAi, ALASKA., this l5th daq of October. 2008. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Introduced: October 1, 2008 Adopted: October 15 2008 Effective: November 15, 2008 New Text Underlined; [DELETED TEXT BRACKETED] 30 ~~,~ -: ~.. fhe utyof~ (dEN ~ SKA 230. 2353-20Q8 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FINDING THAT CERTAIN CITY-OWNED LAND, IDENTIFIED AS FIDALGO COMMERCIAL MUNICIPAL SQUARE REPEAT, THIRD RECORDING DISTRICT, KENAI, ALASKA, {KPB PARCEL NO. 043-310-36}, IS DEDICATED FOR THE PURPOSE OF CITY FACILITIES. WHEREAS, Kenai Municipal Code 22.05. l 10 provides for the dedication of lands for a public purpose if sa determined by the City Council by ordinance; and, WHEREAS, considering the recent purchase of airport land in the area of the Public Safety Building and the future expansion of city facilities, lot lines were removed and platted into one parcel that incorporates the Public Safety Building, City Hall and the Library; and, WHEREAS, it is in the best interest of the City of Kenai to dedicate this property for the purpose of city facilities. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that certain City-owned, identified as Fidalgo Commercial Municipal Square Replat, Third Recording District, Kenai, Alaska (KPB Parcel No. 043-310-36}, is dedicated for the purpose of public facilities. 1]6 SSED BY muE CnrrNrCrL OF THE CrmY nF u_F.1VAt, nt P_SR.P. this 15~ day of October, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freers, City Clerk Introduced: October 1, 200$ Adopted: October 15, 2008 Effective: November 15, 2008 {9/ lb/08}kh New Text Underlined; 1DELETED TEXT Bi2ACKETEDJ Suggested by: Administration CITY mF 2£ENAI 31 ~~r~r "° -, Suggested by: Councilor Smalley C%TY 4)F KENAI ORDINANCE NC}. 2354-200$ AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 23.55.080 TO PROVIDE THAT ONLY EMPLOYEES RECEIVING A RATING OF SATISFACTORY OR BETTER DURING THEIR LAST PERFORMANCE EVALUATIOAT ARE ELIGIBLE FOR LONGEVITY PAY FOR THAT YEAR AND PROVIDING THAT FOR THE CALENDAR YEAR 2008 THE LONGEVITY PAY WILL BE PAID PRIOR TO THE END OF THE CALENDAR YEAR. WHEREAS, KMC 28.55.080 provides for longevity pay of two percent (2°%} for certain long time employees; and, WHEREAS, only employees receiving a rating of satisfactory or better during their last performance evaluation should be eligible for the longevity pay; and, WHEREAS, because the ordinance provides for payment of the longevity bonus in August and KMC 28.SSA80 was enacted in September, for the calendar year 2008, the longevity bonus should be paid prior to the end of the calendar year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 28.55.080 is hereby amended as follows: 23.SS.Q80 Longevity Pay All regular emplayees cc~ho have received a ratine of satisfactorv or better in tl"icu last ueii6l r:anec cVaiuatle~i: a;ic'4 wl"i ; lia.`Je [)een at '.~>tep Cl: fi7r a pC'rtOd OI at least two years as of July 31 shall be paid a longevity bonus of two percent (2%) of his/her annual salary (i.e. excluding overtime}. The longevity pay shall be paid just once a year on the August payroll, except that the longevity bonus in 2008 shall be 2008. Notwithstanding the above, any employee who has received a Range increase or anon-cost of living pay increase within their current pay Range within the 12 months prior to July 31 is not eligible for a Longevity Pay bonus. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of October, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk New Text Underlined; [DELETED TEXT BRACKETED] 32 Ordinance No. 2354-2008 Page 2 of 2 Approved by Finance: ~~~~ Introduced: October 1, 2008 Adopted: October 15, 2008 Effective: November 15, 2008 New Teat UndcrBned; [DELETED TEXT E3RAC1{EYED] 33 ~\ _, rhP~,ryoj// KENA~ KA Suggested by: Administration CITY CF KENAT ORDINANCE Nf3. 2355-2f908 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 21.20. 110(b) AND KMC 2 L 15.130(b) TO ALLOW THE CITY COUNCIL BY RESOLUTION TO AUTHORIZE A DIFFERENT REPAYMENT PLAN FOR REIMBURSEMENT OF CITY CONSTRUCTED IMPROVEMEATTS ON LEASED PROPERTY. WHEREAS, KMC 21.10.110 allows the City to include a provision in leases of airport reserve property requiring the lessee to reimburse the City for certain improvement made on the property; and, WHEREAS, KMC 21.10.15.120 allows the City to include a provision in leases of airport property outside of the airport reserve requiring the lessee to reimburse the City far certain improvements made. an the property; and, WHEREAS, the reimbursement provisions in KMC 21.10.110(b) and KMC 21.15.130(b) require reimbursement by ten (id) equal annual payments with interest of eight percent (8%) per year on the unpaid balance; and, WHEREAS, the Council should have the flexibility to allow different reimbursement terms if the conditions of the development call for different terms in order for the development of the property to be economical; and, WHEREAS, it is in the best interest of the City of Kenai to allow the Council by resaiu tian to set different reimbursement terms for city constructed ;mprovemen±s under KMC 21.10.110 and KMC 21.15.130. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 21.10.110(b) and KMC 21.15.130(b) are hereby amended as follows: SECTION ONE-KMC 21.10.110(b) (b) The lessee shall reimburse the City for the City s cost of constructing the improvements in ten (10) equal annual payments, plus interest at eight percent (8%) per year on the unpaid balance or under such terms and conditions as the Council may set by resolution. [IF THE LEASE IS FOR LESS THAN TEN (l0) YEARS, T ]The repayment schedule may not be longer than the term of the lease. The lessee may pay the entire remaining balance to the City at any time during the term of the lease. SECTION' TWO-KMC 21.15.130(b) (b) The lessee shall reimburse the City for the City's cost of constructing the improvements in ten (10) equal annual payments, plus interest at eight percent (8%) New Text Underlined; [DELETED TEXT BRACKETED] 34 Ordinance No. 2355-200$ Page 2 of 2 per year on the unpaid balance or under such terms and conditions as the Council may set by resolution. [IF THE LEASE IS FOR LESS THAN TEN (l0} YEARS, T]The repayment schedule may not be longer than the term of the Iease. The lessee may pay the entire remaining balance to the City at any time during the term of the lease. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this ISth day of October, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: Introduced: October 1, 2008 Adopted: October 15, 2008 Effective: November 15, 2008 New 9'ext Underlined; [DELETED TEXT BRACKETED] 35 "~~' _. Suggested by: Administration E~tC1ih °r CITY OF KENAI S€NRV SKR ORDINANCE NO. 2356-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $19,000 IN THE GENERAL FUND PARK DEPARTMENT FOR RENTALS. WHEREAS, Recital expenses incurred during the 2008 Dipnet fisheries exceeded expectations; and, WHEREAS, appropriation of these funds will cover the shortfall in the 200$ Dipnet projections and ensure funds are available for the start of the 2009 summer season; and, WHEREAS, funds are available in the fund balance of the General Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Fund Balance $19,000 Increase Appropriations: Parks -Rentals $19,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of October, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Apgroved by Finance: (09/24/2008] hl Fntroduced: October 1, 2008 Adopted: October 15, 2008 Effective: October 15, 2008 New Text Underlined; (DELE".'ED TEXT BPvaChETED! 36 "ltif(aye u~itl~ a ~as~; ~i~ r~it,~ a Fu~u~e„ To: Rrck Koch., Kenai. City Manager Thru: Wayne Ogle, Public Works Director t Prom: Robert J. F`rates, Parks Xc Recroation. Diroetor~~ Date: 9-24-08 RE: Increase to Parks Department R®ntat Account Due to the demand far increased service for portable restrooms and dumpsters during the personal ;:se fishery, the Park's Rental Account is short $1.4,000. An appropriadon wil! need to be made. Approximately $4,300 of this amount wffl be used for May and June Rentals in 2009. Attached is a spreadsheet outlining the added costs. A bulk of the costs were the result of extra pumping needed for the portable restrooms and the addition of three portable units placed at the end. of Spruce Street in order to supplement the existing restroom facility. The remaining expense is the result of a fuel. surcharge of 13.5% far service. City Administt•ation will. be conducting apt analysis and give consideration to whether or not an investment should be made in a more pormansnt structure on the nnrih shore (Kenai Avenue}. Initial construction costs are projected Yo be high, however, it may be justified. over the long run. 210 Fidalgo Avenue, Kenai., Alaska 99611-7794 -~"!~,"' ~~ Telephone: 407-283-3692 /FAX: 907-283-3693 ~~~ Eire clEy a~ KEI~A~f,~E r~nre~~aAlv~tlM 37 OOO QO 0011700 Otl~0.02 0 0 0 0 ca O O N O O O N O 6 V ~ tV iV e4 CJ Cti (D C7 tlfj o7 r a,7 C1 N N O O M M O O o,D CO ~ W r M ~p V3 M W (f3 ~ M 1(') t`'1 r W cD 4 fO (O N ' ~ N ' Ct CO O fA M ~ N N V fO N 6) f CSI Cp H} N G4 Ef3 ff3 EH ff} ~ ~ ~ ~ ~ ~ O O M d C O_ ~ ~ 66 ~ L V L „7 LL to ~ r to ~ O ~ C 0' ~ ' , O ~ ~ r CO N S~ ~ O 0 0 ~ W N ~- S~ CO r 0~ ~ <Y V CO M N ~ ~ F U ~ ~ ~ N E _ ^p ~9 }+ 'm m Su w m O L o a ~ tBA ~ ~ m ~ ~ '' o o a o ~ N p _ N N C} N N ~ _ V N ~ 9 ~ _ p "4 0 Q. ~ °c' N L C/J Q N ~ ~ O ~ N ~ C V N ~ (D N 0 ~ 0 N ~ ~ ~ ~ ~ f O N co u7 ~} £A Y "~~M ~ ~ m W ~ - tl y.} 1'~ ~ t D W ~ 1'+ N ~ O ((y ~ ER fH 64 ({} FH N LS Hf .~ ~ '~ m ~ ~ m .y.. 41 . ~ ° n ~ ~O _ ~ m E m W ~ ~ ~ ~ ~ n F o o ° o"~ m ~ o (~ ~ a N pv Q 6 0 ~L t/I ~ VJ K M K ~ a~.+ r O M N r ro~t~. n ea ~ m m Y m m . ~ ~ °~' m rnmrn ~ o a ~ ~ Q d h I- Q t^ . n f~ ~ N 00~ cYi Oo~O W O N N O N 0 CV O m 4) 0 6'i ~ Of O d' et CD ~ 0 aB (O C~3 CO 47 t0 M 67 r ar N t~ V d~ OS M lhN (Hr(fi~r Va N3ffl ~> E4 N +: '6 _ N `~ U3 ~ ~ t0 m ~ ~ p v ro E a d Q m o~ P Q d b ~e Q ~ q ~ `K 7 Y ~ lE h, y ~ ~ ° an s - 38 ~~ ~~~~, _ :._ `. i{IP Gt'Cy~Of 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 !Fax: (907) 283-3014 www.ci.kenai.ak.us li mJ TO: Mayor/Council Members FROM: Carol L. Frees, City 1 k DATE: September 26, 2008 RE: ~4PPOIIVTMENT OF ADVISOIdY CEMETERY CC3.lVIhIITTEE Following are applications received from members of the public who have stated their interest in being appointed to the Advisory Cemetery Committee. They are: A.PPLICAIV'T - I2EPRF.SE1~1TiNG Robert P. Harrison Public American Le 'on Nikislci resident Kari Mohn Public Jud Buffin ton i Public _*Vacant ~ Public Biairie J. 'BJ° Elder ~ Funeral Home/Iviortu Service Ordinance No. 2334-2008 {copy attached) idenfifies the committee to have five members. The application of Dennis A. Gregory, also a member of the Harbor Commission, is on file. A call has been made to him to ask if he cc>ould be interested in serving on the committee. If he responds to me prior to the October 1, 2008 council meeting, I will request his application be added to the agenda for consideration. After appointments have been made, an initial meeting will be scheduled with the membership and city administration {City Manager Koch, Public Works Director Ogle, Parks & Recreation Director Prates, City Clerk Freas), as well as Parks 8v Recreation Commission Chair Date Sandahl to discuss the Committee's scope of work, meeting schedule, election of chair/vice-chair, etc. If you have any questions, please contact me. 39 CITY F I~®EI~~I " b~illage with a Bast -City with a fatare. " ~'~~~' BACI{CrROUND AND PERSONAL DATA - _~ ~,l;~u ~ CANDIDATES FOR APPOINTMENT COMMITTEES AND -.>.: COMMISSIONS fhe city o f iCENALALASKA F~Ed~`E;;,,n~-.. ; RETURN TO: ~~~ ~ KENAY CITY CLERK 5EP ~~~, 210 FiDALGO AVENUE KENAI, AK 9961I l~~iV~RZ PHONE: 283-7585, EXfi. 231 ~j ~`"~ ~ FAX: 283-5068 DATE: ~ f~;_ G~~~ /CD~Pc~"!d i O!? /~ ~,, f~ i NAME: ~/1' ,,l'~r~~? .c-Fsl/'~s~J d-e-'--' ~'~ ~ _._. F Resident of the City a€ Kenai? ~,C~'^-~ /~ How Lang? ~~~ Residence Address ~Y'c-' C--~'~%',G-._ ~~' ~- ., Mailing Address ~C%G ~~c~ ~ Home Telephone No. ~' ~-~~ `'~~~ Home Fax No. Business Telephone No j '7'7 ^ . ~3~ Business Fax No. °~ kfi Y Y ~ r r r l Email Address: ~J~~~S~z7 c:~/~_ ^'' ~j Ma we include our contact informatio on our web page? ALL Ff not all, what information map we include? EMPLOYER: Sob Title NAME OF SPOUSE: Current membership is arganxzatfoas: Past organizational memberships: COMMITTEES OR COMMISSYON~~S IId WHICH YOU ARE INTERESTED: WHY DO YOU WANT TO 8E INVOLVED W%TH THES COMMISSION OR COMMITTEE? .%~~` , WHAT SACKGROUND, EXPERIENCE, OR CREDENTTALS DO YOU POSSESS TO SRDYG TO THE 80ARD, COMMISSION OR COMMITTEE MEMBERSHIP? SiSanatura 40 _ _ ... ~ SIT'S' (~~' I~AI 11 ~Ilage with apart - City with a future. " EACKGROUND AND PERSONAL DATA - CAPID%DATES FOI2 APPOINTMENT COItSMITTEES AYdD ~~~~~~~~ s~~ -. ~aa8 ~~~~a ~.`j ~i F DATE: ~ " ~ €7 ° ~ ~ NAME: ~ ez r ~ ~ is h n Resident of the City of Kenai? ~~ S Hom Iong? ~ 0 ti ~ a r s Residence Address ,7 is T"d , 5 "{'ru w ~s e. r` r ~ ~ e~ MailsngAddress `71'z N S#'rrxwi~~rrv i'.c9 Ka.nui ~K Home Telephone No.~~'3'*/-a.5$ Home Fax No. Eusiness~lelephone No Business Fax No. Email Address: kar~ £J ataska. ne~- May we include your contact information on our web page? ALL Ff not all, what information may we include? EMPLOYER: ~ F.,r'~ ~. »_ .+d P_r.~, i c_rv $es r Job Title NAMEfYF 3POSTSE: __ Current Past organisational memberships: bra ~~= r_ ~ y.F ~, C. e_>e~n m ! }"» y, a M s ..c 6 ~, S ~ h Ua ~ COMMITTEES OR COMMI:3SION5 IN WHICH YOU ARE INTERESTED: ~S.E ,~ ~:: C-e. m e"~-ar~~_ rk RETURN TO: XETdAI CITY CLERK 216 FIDALGO AVENIIE RENAI, AK 99611 283-7535, EXT. 231 FAX: 2835068 SACHGROUND,P=''~'~=NCE, OR. CREDENTIAI:B DO YOU PO$BEBS TO SRING TO THE SOARSJ; Issl®IV oR a®MMITTEE M~MSERSI~P? , Signature 41 WHY DO YOU WANT TO SE INVOLVED WITH TTiI8 COMR[ISSION OR COMMITTEE? -, "~ t{ra city of P/ CITE' aI, KENAI "village with apast -City witk a future. " ~, BACKGRCDUND AND PERSONAL DATA - CANDIDATES FQR APPOINTMENT COMMITTEES AND RETURN TO: KENAL CITY CLERK 210 FIDALGO AVENUE KENAE, AK 996 ! P DATE: ,.~ .' ~ /~ NAME: Residen f the ty aff Residence Address ~G PHONE: 283-9535, EXT. 231 FAX: 283-5068 long? L~I.~~~A~-~ f Mailiag Address ~"7"L.E'i~ Home Telephone No. Home Fax No. Business Telephone No Business Fax No. Email Address: CJv cl Z-,:,-FF' ~J f~-~' 1 ,. y, ti ~- May we include your contact information an our web page? ALL 6'Tf not all, what informatan may we include? EMPLOYER• Sob Title NAME OF SPOUSE: Current membership in organizations: membershigs: COMMITTEES OR COMMISSIONS IId WHICH YOU ARE INTERESTED: DO YOU WANT TO BE COR+IMYSSION OR COMMITTEE? WHAT SACKGrROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRTNG` TO THE BOARD, JAN-18-2006 02:42 PM PENINSULA MEM. CHAPEL. O. 19072536116 /'~ ;,=,~ tl~~ rttY ~ /.~ CITY t)F 1'~AI " f~iliage witk a past -- City with a,future. v, HACKGR®[TfiTI) AAtD 2~1>'i~8O1~AL DATA - iDA'PSB FDA .4PPOIY~fi114EXT C4&tA2Y`t"TK A~ P. 01 RETU&N TO: K&HAI CITY CLERIC BYO SIDALC3O AVENUE KENAL9 AK 49611 PHONE: ~S3•'f6S15, EXT. SS1 SAX: 2S3.60ti8 DATE: _ ~~ X67 Remidant of the City of Kean!? ,,,^~ Iiow,l~oag44 ., ~`n~ Nd v ~ /9`~~ _ RasideaoeAddeeec ~3,5~ 14~F_eJa.la ST. °~aua,~r`~ !~~_Lg~ ~ .~ Mnillag Addretin _ ~a~..__~. ,Home Telephone No. Z~".3"Z1o-'.~L Home Fas: No. __, ~,~~ __ Business Telephane No 2,.~3.=.~3"3~ -- Business Fax No. _..~~3~1.~111~ Email Address; nrn t/,~ ct da.a ~-5~ ~....rr~~, May we ine]ude ,your oonlact infarmation on our web page? ALL if not ail, what information: may we include? _,.~,,,_,~._..~.u__ / ~ -__.-_.--/-~ EIMPLOYER. ~t r..•n ivlsi~a 1~±~.uvlsri a.Z _~.~~,g~ Sob Title ~~ =' a ~r~~-~^r" t ~3.rbr~..~ar- C'GcferQaX m~ffiber6lSl~ Ha QBrn,'&7GntlS~Pa&, i~~Y{~v7`~e Past oegnnlzatlonnl mnmharshigs:~ - COMSSITTE1lES OR COI~MIBSIONB IId WI3IGH YO[T ARIC INTEBESTKI): ~e' ~`L/ aa' WHY Dd YOU gdANT TO SE INVOLVIlD WITH THIS CC7~Z~ISBIOR CtR WHAT $ACKCIROLfNID, EXPERIENC&, OR CREDENTIALS DO YOU POSSEBS TI9 SRLNCk TO TEIE BOARD, I~.Crn lt/frl~ts'-~_~ L~~r1Gd.d S+~e[ !9~ ~._. -~. Suggested hy: Mayor Porter CITY OF KE1~AY ORDINANCE N®. 2334-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING A NEW CHAPTER IN THE KENAI MUNICIPAL CODE (KMC 24.30) TITLED KENAI MUATICIPAL CEMETERY ADVISORY COMMITTEE ESTABLISHING AN ADVISORY CEMETERY COMMITTEE, AS A SUBCOMITTEE OF THE PARKS & RECREATION COMMISSION, TO ASSIST IN THE PLANNING AND DEVELOPMENT OF AN ADDITION TO THE EXISTING CEMETERY, ITS INTEGRATION INTO THE EXISTING CEMETERY AND INCLUDING A PROVISION TO SUNSET THE COMMITTEE AFTER A PERIOD OF TWO YEARS. WHEREAS, the City of Kenai is the owner and operator of the Kenai Municipal Cemetery; and, WHEREAS, the City of Kenai does not currently have a citizen advisory board; and, WHEREAS, the City of Kenai is planning an addition to its existing cemetery; and, WHEREAS, it is in the best interest of the City of Kenai and its citizens to establish a citizen advisory cemetery committee, as a subcommittee of the Parks 8v Recreation Commission, to assist in the planning and development for the addition to the Kenai Municipal Cemetery and its integration into the existing cemetery; and, WHEREAS, since the committee wi]1 primarily deal with the planning and development of the addition and its integration into the existing cemetery, the cemetery advisory CGaTuZl2ttC-e s;sauld be l=a'Je a S'einSet date twa year^s iiarii its eStablialaLLCZlt. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai Code of Ordinances is hereby amended by adding a new chapter to be numbered KMC 24.30 (Kenai Municipal Cemetery Advisory Committee} which shall read as follows: Chapter 24.30 KENAI M€FNYCII°AL CEMETERY ADVISORY COMMITTEE Sections: 24.30.010 Duties and pawers. 24.30.010 Duties and powexs. (a) There is established a Kenai Municipal Cemetery Advisory Committee, as a subcommittee of the Parks & Recreation Cornmissian, consisting of five members. Four members shall represent the oc~mers of private plots and/or the community at large. One member shall be a member of the funeral home or mortuary service sector. 44 Ordinance No. 23342008 Page 2 of 2 (bj The committee shall act in an advisory capacity to the City in matters of policy concerning the Kenai Municipal Cemetery regarding the following matters: (1) Planning and development of the cemetery addifion and its integration into the existing cemetery. {2) Preservation of the history of the Kenai Municipal Cemetery. (3), Performance of other duties as the Kenai City Council or City Manager may designate from time to time. {c) The Kenai Municipal Cemetery Ad~risory Committee shall sunset on December 31, 2010. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth dap of August, 2008. ~~- PAT POR ER, MAYOR ATT~E~S,T:, p ~;~ Carol L. Freas, City Clerk Introduced: July 16, 2008 Adopted: August 6, 2008 Effective: September 6, 2008 45 ~~~ :/ie u"tv'af~ 1/ CITY F AI "Village with apart -City with a future. " SACKGR®IIND AND PER$®NAL DATA - CAND%DATES FOR APPOINTP/iENT COIJIIaIITTEES AND AUG 18 2008 EEEPIAI ~IT°( CLERK DATE: ~ I `Ya ' C1~" NAME: Resident of the Citp of Kenai? Residence Address How long? ~~~~ ,~ r-' _ Maiting Address `3~.~e.~sa„+~ Home Fax No. Business Telephone $usiness Fax No. Email Address: _ May we include your contact information on our web page? If not all, what information may we include? EMPLOYER: ~g.1` +A ~`-'. G"'f Job Title ~~ .r ~'~sv~/'~~,,a,~~ lp ~~. NAME OF SPOUSE: ~. Current membership is organizations: WHY DO YOU WANT TO BE RETURN TO: KENAI CI'JCY CLERK 210 FIDALGO AVENUE KENAI, Ax 99e 11 PHONE: 283-7535, EXT. 231 FA%: 283-5068 Telephone No. ,~1.?? ;~.~-= `r°1 ~ ~' WHAT BACKGROUND, EXPERIENCE, OR CREDENTYALS DO YOU POSSESS TO BRING TO THE BOARD, COUNCIL ON AGING MEETING SEPTEMBER 11, 2008 KENAI SENYOR CENTER 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- June 12, 2008 %TEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion/Recommendation -- Bylaw Change ITEM 6: NEW BUSYNESS a. Discussion -- Meal Prices b. Discussion -- Area Board of Directors Dinner -- October c. Discussion -- Strategic Planning and Goals d. Discussion -- Capital Projects 2010 ITEM 7: REPORTS a. Council on Aging Chair b. Director .,. C~un:.il l,' . .a~scr. ITEM 8: QUESTIONS & COMMENTS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Council Action Agendas of August 20 and September 3, 2008. ITEM 11: ADJOURNMENT Q-6 COUNCIL ON AGING MEETING SEPTEMBER 11, 2008 KENAI SENIOR CENTER 7:00 P.M. CHAIR JOANNA HOLLIER, PRESIDING MEETING SUMMARY ITEM I: CALL TO ORDER 8s ROLL CALL Chair Hollier called the me confirmed as follows: Council Members present: Council Members absent: Others present: eting to order at approximately 7:00 p.m. Roll was J. Hollier, L. Flowers, R. Jurgensen, V. Geller, B, Osborn, M. Milewski, L. Nelson E. Jones Senior Center Director R. Craig, Council Member B Eldridge ITEM 2: AGENDA APPROVAL Craig noted the following changes: DELETE: 6-a. Meal Prices (postpone until the October meeting) ADD: 6-a. Revenue MOTION: Council Member Flowers MOVED to approve the agenda with the mentioned changes a•`id i.vi;tr1C11 Member OSburTi SEi.Oiv'DED the riio tivrt. There W'erc no Gv~cCtiOnS. ~O ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- June 12, 2008 MOTION: Council Member Geller MOVED to approve the meeting summary of June 12, 2008 and Council Member Osborn SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO SE HEARD -- None ITEM 5: OLD BUSINESS S-a. Discussion/Recommendation -- Bylaw Change MOTYON: 47 Council Member Flowers MOVED to accept the bylaws as changed and Council Member Osborn SECONDED the motion. There were no objections. SO ORDERED. ITEM 6: NEW 'BUSINESS 6-a. Discussion -- Revenue Director Craig reported the Senior Center received $14,421 more than expected through the NTS grant and $600 less than expected from the United Way. 6-h. Discussion -- Area Board of Directors Dinner -- October Craig reported the dinner would be at 5:30 p.m. on October 29~, area Senior Center board members would be invited, and entertainment or speakers would be provided. MOTION: Council Member Geller MOVED the Kenai Senior Center would host the Area Board of Directors Dinner at 5:30 p.m. on October 29, 2008. Council Member Osborn SECONDED the motion. There were no objections. SO ORDERED. 6-c. Discussion -- Strategic Planning and Goals Craig explained the accreditation process through the National Council on Aging, noting the manual would be purchased to review the process, a reviewer would make a site visit to help with the process, and Pat Branson from Kodiak, a member of the national board, could be the reviewer. 6-d. Discussion -- Capital Projects 2010 Craig rcpurtcd Yieated 8~dc'.wBikS roL?ld be pLlrQhaced <x~irn a ~Qmmunl^~ dock Grant. ITEM 7: REPORTS 7-a. Council on Aging Chair -- Hollier reported on the AgeNet priorities. 7-b. Director -- Craig suggested the Council on Aging could write a letter of support for the AgeNet priorities. 7-c. Council Liaison -- None ITEM 8: pUESTIONS & COMMENTS -- None ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None ITEM 10: INFORMATION COUNCIL ON AGING MEETING SEPTEMBER 11, 2008 PAGE 2 48 10-a. Council Action Agendas of August 20 and September 3, 2008. ITEM 11: ADJOURNMENT MOTION: Council Member Flowers MOVED to adjourn and Council Member Jurgensen SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Council, the meeting was adjourned at approximately 8:31 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk COUNCIL ON AGING MEETING SEPTEMBER 11, 2008 PAGE 3 49 CITY OF KENAI PLANNING & ZONING COMMISSION AGEIo'DA CITY COUNCIL CHAMBERS September 24, 2008 - 7:00 p.m. I. CALL TO ORDER: a. Roll Call b. Agenda Approval e. Consent Agenda d. *Excused Absences - Commissioner Twait - Commissioner Remain - Commissioner Wells * All items listed with an asterisk (*} are considered to be routine and nan-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 MIN'L'TES: a. *September 10, 2008 3. SCHEDULED PUBLdC COMMENT: {10 Minutes} 4. CONSIDERATION OF PLATS: 5_ 3~TFiL~L.IG`I~IEA327pdF`; a. PZ08-51 --- An application fpr an Encroachment Permit for a side yard setback for the property known as Lot 19, Black 1, VIP Park Estates Subdivision (2765 Watergate Way), Kenai, Alaska. Application submitted by Dennis A. Swarner, P.O. Box 1669, Kenai, Alaska. b. PZ08-52 - An application tc rezone the property known as Tract A; Papa Joe's Subdivision Chumley Replat (9520 Kenai Spur Highway) from Rural Residential I (RRl) to Limited Commercial (LC). Application submitted by Franklin T. and Kristie L. Wortham, River City Dental, P.O. Box 1284, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: 8. PENDING ITEPvIS: a. PZO'7=25 -Recommending Council enact KMC 9.10.015 to require dumpsters be screened on at least three sides. 9. REPORTS: a. City Council 50 Agenda September 24, 200$ b. Borough Plazzzung c. Administration 10. PERSON'S PRESENT NOT SCHEI3ULED: (3 Minutes} 11. INFORMATION ITEMS: a. Kenai River Center Permit Application - Michasi Blair b. Zoning Permit (9/10!08) o. Notice of Absence -Commissioner Twait d. Notice of Absence -Commissioner Romain e. Notice of Absence -Commissioner Wells f. I2, COMMISSION COIlZMENTS & QUESTIONS: 13. AI3JOURNMENT: Page 2 51 MINUTES ITEM 1: CALL TO ORDER Due to the absence of Chair Jeff Twait and Vice Chair Scott Romain, Commission Member Phil Bryson called the meeting to order at approximately 7:01 p.m. MOTION: Commissioner Koester MOVED to elect Phil Bryson as Chair Pro Tempore and Commissioner Brookman SECONDED the motion, There were no objections. SO ORDERED. 1-a. Ro11 Call Roll was confirmed as follows: Commissioners present: P. Bryson, K. Rogers, J. Brookman, K. Koester Commissioners absent: J. Twait (excused), S. Romain {excused), R. Wells {excused) Others present: Planning Administrative Assistant N. Carver, Council Member R. Ross A quorum was present. 1-b. Agenda Agsgrresval Chair Pro Tempore Bryson noted the following changes: ADD: 5-b. Letter from Donald Wright Email from Robin Wright MOTION: Commissioner Broolanan MOVED to approve the agenda with the above-mentioned additions and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. 1-c. Conseaxt Agenda MOTION: Commissioner Brookman MOVED to approve the consent agenda and Commissioner Koester SECONDED the motion. There were no objections. SO ORDERED. 52 I-d. *Excused Absences Commissioner Twait Commissioner Romain Commissioner WeIIs Approved by consent agenda. *All items listed with an asterisk (*) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There u$11 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. ITEM 2: *APPROVAL OF MINUTES -- September 10, 2008 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS -- None ITEM 5: PUBLIC HEARINGS S-a. P208-5I - An application for an Encroachment Permit for a side yard setback for the property known as Lot 19, Block 1, VSP Park Estates Subdivision (2765 Watergate Way), Kenai, Alaska. Application submitted by Dennis A. Swarner, P.O. Box 1669, Kenai, Alaska. Planning Administrative Assistant Carver reviewed the staff report included in the packet. Bryson read the rules for public hearing and opened the floor to public hearing. There being no comments, the public hearing was closed. MOTION: Commissioner Brookman MOVED to approve PZOS-S l with staff recommendations and Commissioner Koester SECONDED the motion. There were no objections. SO ORDERED. 5-b. PZQS-52 - An application to rezone the property known as Tract A, Papa 3oe's Subdivision Chumley Replat (9520 Kenai Spur Highway) from Rural Residential 1(RRl) to Limited Commercial (LC). Application submitted by Franklin T. and Kristie L. Wortham, River City Dental, P.O. Box 1284, Kenai, Alaska. PLANNING & ZONING COMMISSION MEETING SEPTEMBER 24, 2008 PAGE 2 53 Carver reviewed the staff report included ui the packet and Bryson opened the floor to public hearing. Marc Bisset, 309 Castle Court, Kenai -- Spoke in opposition to the rezone; noting he did not want too much activity in a residential area. Janine Espy, 403 McCollum Drive, Kenai -- Spoke in opposition to the rezone and suggested a.permanent variance be approved instead; she did not want multi-family dwellings; suggested a playground as a buffer; wanted to see the landscape plan; and, inquired about the future plans for the site. Bryson noted the owner was needing a conditional use permit rather than a variance. Rorgr Espy, 903 Magic Avenue, Kenai -- Spoke in opposition the rezone, in favor of the conditional use permit, and requested to see the comprehensive plan for the site. Becky Espy, 903 Magic Avenue, Kenai -- Spoke in opposition to the rezone, nofing she did not want retail businesses in the area. Debbie Sonberg, 410 Cinderelfla, Kenai -- Spoke in opposition to the rezone, stating it would open up too many options for the property. Robin Wright, 604 McCollum, Kenai -- Spoke in opposition to the rezone, stating she did not want a strip mall or mini mart on the property and her concerns regarding landscaping. Glenda Feeken, ReMax of the Peninsula, 10672 Kenai Spur FIsghway, Kenai -- Spoke in favor of the rezone, noting the City code provided for a buffer strip in the landscape plan. Franklin Wortham, 47SSFr Grant Avenue, Kenai -- Appiicazzt, stated he had met with an architect; wanted a buffer with playground equipment in the back of the lot; wanted to meet with neighbors regarding a comprehensive plan for the lot; and, wanted to build three to four professional offices, each less than 3,000 square feet. Kristine Schmidt, S13 Ash Avenue, Kenai -- Spoke in opposition to the rezone, noting it was an example of spot zoning, thought it set a bad precedent, and suggested a conditional use permit rather than the rezone. She also noted the sign for the application posted on the property was too small to see easily. Clifford Smstla, 319 Rogers Road, Kenai -- Stated he believed highway frontage was designed for businesses, thought the cleared lot was an eyesore, and wanted a more attractive use for the property. Patricia Falkenberg, 399 McCollum Drive, Kenai -- Spoke in opposition to the rezone, stating the highway was already busy, noise was an issue, and wanted the area beautified. PLANNING & ZONING COMMISSION MEETING SEPTEMBER 24, 2008 PAGE 3 54 There being no further comments, the public hearing was closed. MOTION: Commissioner Koester MOVED to continue the public hearing at the October 8, 2008 Planning & Zoning Commission meeting. Commissioner Broohman SECONDED the motion. VOTE: Romain EXCUSED Wells EXCUSED 1`wait EXCUSED Bryson ~ YES Ro ers YES Brookman 'YES Koester YES ~, MOTYON PASSED UNANLMOUSLY. BREAK TAKEN: 8:03 p.m. SACK TO ORDER: 8:0'7 p.m. ITEM Fs: OLD BUSINESS -- None ITEM 7: NEW BUSINESS -- None ITEM 8: PENDINCr ITEMS 8-a. PZ07-25 -Recommending Council enact KMC 9. l0.O15 to require dumpsters be screened on at least three sides. ITEM 9: REPORTS 9-a. City Council -- Council Member Ross reviewed the action agenda items of the Council meetings of September 3 and 17, 2008 (copies included in the packet). 9-b. Borough Planning -- Bryson reviewed the agenda and actions taken at the September 22, 2008 Borough Planning Commission meeting. 1-e. Administration -- None ITEM 10: PERSONS PRESENT NOT SCHEDULED --None ITEM 11: INRORMA.TYON ITEMS I 1-a. Kenai River Center Permit Application -Michael Blair 11-b. Zoning Permit (9/3.0/08) 11-e. Notice of Absence -Commissioner Twait 11-d. Notice of Absence -Commissioner Romain PLANNING & ZONING COMMISSION MEETING SEPTEMBER 24, 2008 PAGE 4 55 I 1-e. Notice of Absence -Commissioner Wells ITEM 12: COMMISSION COMMENTS 8n QUESTIONS Rogers -- Noted concerns he had regarding the rezone discussed earlier. Koester -- Suggested signs announcing public hearings be larger and brighter. Brookmaxt -- None Brgson -- None ITEM I3: ADJQURNMENT MOTION: Commissioner Koester MOVED to adjourn and Commissioner Brookman SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:18 p.m. Meeting summary prepared and submitted by: Corene Ha11, Deputy City Clerk PLANNING & 20NING COMMISSION MEETING SEPTEMBER 24, 2008 PAGE 5 56 F TI IT INF`ORMt1TION ITEMS KENAI CITY COUNCIL MEETING dCTdBER i, 2008 10/ 1/2008 Purchase Orders Between $2,500 and $15,000 for council review. 2. 9/22/08 Public Works Department, Project Status Repnrt. 3. 9/ 1'7/08 R. A. Motzko, FAA, Regional Runway Safety Program Manager letter related to Regional Runway Safety Action Team meeting scheduled for September 30, 2008 to discuss operations and pending developments at Kenai Municipal Airport. 58 ~ ~ O O O O N © ~ O d tl d O m O Q C C tl' C ~ 0. w z _z `Y F W W w NF 4 F- Q Q ~ ~ ~ ~ ~ h z w o ~- } ~ a q s' u~i ~ z w z ~ ~ o 0 `+ C U ~ -~ Z w w m v ~ ~ m z rw- u z a 0 U °o ~ ¢ w O °o ~ a ~ ems.. m z r ~ z w ~ o fl n o~ O ~ "' w w _~ ~ a ~ ~ ~ Y °a a m ~ o u. ~-- a Q v~i m ~ ~ ~ ~ m ~ o w ~ '~ O m q is w ~ z z p ~ r ? ~ o ~ ~ ~ a ~ ~ ,'.`j Z J ~ ~ fn ~ ~ ~ L.. ~ iL w [p 11 U 7 J ~ 0. 0. S 59 a=Active F"! ~`d! ~Ei~ 1lf7 [1G~~1 ~ NC=Non-Construction RK -Rick Koch F=Future WO -Wayne Ogle MK -Marilyn Kebschull STIP=State Trans. Imp A/NC/f! City CUUt3Ct PPUjeCX NamE St&tUS STIP A WO Airport Runway Safety Cnmplation by 9/3Dro8 Zone/Extension A UJO AP Urea Storage Buitding Installing roof trusses. Completion by 9/3D/08. A RK Kenai River Bluff Erosion The Corps has received funds to help with the Control Project design and answer any questions from the study and agencies including obtaining the Corps Permit. City working with Corps consultant. Tetra Tech main consultant. R&M drilled monitoring wells. A WO Leif Hansen Sprinklers Project completed. A bN0 Library Expansion RFP package released 9/16. Pre-propsal conference 10!1/08 at 1 p.m. Proposals due 10!16. A WO LID's -Shamrock Circle Completion by 91301D8. A RK Marathon Road Improvemen ts Completion by 9/30/08. A WO Public Safety Garage Projec±completed. Final inspection. A WO Thompson Park LID Completion by 9/3DlO8. A RK Water System HDL drilling and evaluating test well by Beaver Loop and Wel! House 2. A WO Wildwood Driva Improveme nts Preliminary engineering complete. ROW issues. Project on hold, F WO Contaminated Soils -Shop Further work in progress Monday, September 22, 2008 Page 1 of 1 60 Alaskan Region 222 West 7th Avenue, #T4 Anchorage, AK 995^.3-7587 U.S. Departmen" of Transportation Federal Aviation Adminishation 17th September 2008 Dear Aviation Professional; A Regional Runway Safety Action Team meeting wi11 convene September 30, 2008 to discuss operations and pending developments at Kenai Municipal Airporf (ENA}. You have been t identified as a user of the ai~eld, making you a critical member of this advisory group. The ymeeting will be from $:q0 A.M, to 1:q0 P.M. at the Challenger Center, to include a day and night time review of the airport operations area and a tour of the ATCT. As a participant of the advisory team you will review airfield and terminal airspace nperations and disauss development of a risk mitigation plan to avoid runway incursions. The Regional Runway Safety Action Team meeting will be used as a forum to receive suggestions for better airfield design and operational procedures, as well as provide the FAA a chance to brief on continuing system development across the country being instituted to improve aviation safety. We will discuss some of the procedural and equipment changes that have contributed to the increase in our collective aviation safety status and review some of the current problems that have been identified system wide. We continue to solicit your input to improve efficiency and increase operational safety at Kenai Airport and other airports worldwide, and woutd ask that if you are an air carrier fhat you come with specific ASAP data that would help in the issue identification problems on the airport. We are spec'rficaily requesting your participation at this meeting. As a principal at Kenai Municipal Airport, you have a vested interest in the airport's continued safe operation. Representatives from the PAA Ail"pons Division, Plight Standards Division, and the RfdA Air Traffic Contras Tower ..ill be attending,tt is critical that we hear your views and that you share your safety concerns. I look forward to seeing you at the Kenai Municipal Airport Runway Safety Action Team Meeting on the 30th at 8:00 A.M. If you have any questions, please contact either, myself at (907) 271-5293, or Mr. Brian Pickard at {907) 271-1962. Thank you for your help in improving aviation safety, you are saving fives. Kindest regards, ~--- ( ~~~~~~~ Roger A. Motzko Regional Runway Safety Program Manager 61 ACTHON AGENDA IiENAI CITY COUNCIL -REGULAR MEETING OCTOBER 1, 2008 7:00 P.M. I{ENAI CITY COUNCIL CHAMBERS htt~/ /www.ci.kenai.ak.us Work Session: Water System Improvements -- 5:30 p.m. ITEM A: CALL TOO ER 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) ITEM D: REPORTS OF I{PB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per sueaker.l PASSED UNANIMOUSLY. Ordinance No. 2350-2008 -- Amending Estimated Revenues and Appropriations by $14,211 in the Senior Fund for Various Program Services. PASSED UNANIMOUSLY. Resolaation No. 2008-59 -- Adopting the City of Kenai Capital Improvements Plan Priority List for State and Federal Funding Requests for the Fiscal Year 2010. ITEM F: MINUTES APPROIYED. *Regular Meeting of September 17, 2008. ITEM G: ITEM H: NEW BUSINESS APPROI7ED. Bills to be Ratified AMENDED AND APPROVED. Approval of Purchase Orders Exceeding $15,000 3. INTRODUCED. *Ordsnanee No. 2351-2008 -- Increasing Estimated Revenues and Appropriations by $6,350 in the General Fund for a Library Grant. 4. INTRODUCED. *Oxdinance No. 2352-2008 -- Establishing Requirements for the Proper Disposal of Dog Solid Waste (Excrement) Deposited on Public Property or Private Property Not Owned or Lawfully Possessed by the Owner or Keeper of the Dog. 5. INTRODUCED. *Ordinanee No. 2353-2008 -- Finding that Certain City- Owned Land, Identified as Fidalgo Commercial Municipal Square Replat, Third Recording District, Kenai, Alaska, (KPB Parcel No. 043-310-36), is Dedicated for the Purpose of City Facilities. 6. HNTRODUCED. *Ordinanee No. 2354-2008 -- Amending KMC 23.55.080 to Provide that Only Employees Receiving a Rating of Satisfactory or Better During Their Last Performance Evaluation are Eligible for Longevity Pay for that Year and Providing that for the Calendar Year 2008 the Longevity Pay Will be Paid Prior to the end of the Calendar Year. INTRODUCED. *Oxdinanee No. 2355-2008 -- Amending KMC 21.10.110(b) and KMC 21.15.130(b) to Allow the City Council by Resolution to Authorize a Different Repayment Plan for Reimbursement of City Constructed Improvements on Leased Property. 8. INTRODUCED. *Oxdinanee No. 2356-2008 -- Increasing Estimated Revenues and Appropriations by $19,000 in the General Fund Park Department for Rentals. 9. APPROVED. Discussion/Apgxoval -- Appointment of Advisory Cemetery Committee Membership. ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks 8v Recreation Commission 6. Planning & 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 will be addressed at a later date as noted.) Resolution No. 2008-47 -- Terminating the Project Entitled "Ames Road South LID Special Assessment District." (Clerk's Note: At the August 6, 2008 council meeting, Resolution No. 2008-47 was substituted and postponed to September 3, 2008. At the September 3, 2008 council meeting, Resolution No. 2008-47 was postponed to October I5, 2008. The motion to approve is active.) Ordinance No. 2347-2008 -- Repealing the Existing KMC 1.15.040 and KMC 1.15.050(c) Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a New Section KMC 1.15.040 Entitled, Agenda and Packet - Development-Preparation-Distribution-Publication-Late Materials. Substitute Ordinance No. 2347-2008 -- Repealing the Existing KMC 1.15.040 and KMC L 15.050(c) Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a New Section KMC 1.15.040 Entitled, Agenda and Packet - DevelopTnent-Preparation-Distribution-Publication-Late Materials- (Clerk's Note: Ordinance No. 2347-2008 and Substitute Ordinance No. 2347-2008 are pending: The original Ordinance No. 2347-2008 was introduced at the September 3, 2008 meeting; a motion to move Substitute Ordinance No. 2347-2008 is on the table from the September 17, 2008 meeting; a motion to postpone (with no time certain) and schedule a work session on the ordinances followed and was passed; and, a work session was scheduled for October I5, 2008 in the council chambers, beginning at 5:30 p. m.) EXECUTIi7E SESSION -- None Scheduled ITEM N: ADJOURNMENT CITY OF KENAI NOTICE OF PUBLIC HEARYNG OCTOBER 1, 2008 NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinarce~s) and/or Resolution(s) at its regular meeting of October I, 2008. Ordinance No. 2350-2008 -- Amending Estimated Revenues and Appropriations by $14,211 in the Senior Fund for Various Program Services. 2. Resolution No. 2008-69 -- Adopting the City of Kenai Capital Improvements Plan Priority List for State and Federal Funding Requests for the Fiscal Year 2010. 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. ~~,~~ ~ Carol L. Freas, Kenai City Clerk PUBLIC NOTICE n NFNAI,WlGSNA U The Kenai City Council will meet in a work session on Wednesday, October 1, 2008 to discuss water system improvements. The work session will be held in the Kenai City Council Chambers located at 210 Fidalgo Avenue, Kenai and begin at 5:30 p.m. The work session is open to the public. Contact the Kenai City Clerk's office at 210 Fidalgo Avenue, Kenai, 283-7535, extension 231, with questions. Carol L. Freas, City Clerk D/211 PACKET COUNCIL PACKET DISTRIBUTION COUNCIL MEETING DATE: J/f o~ ° ~ AGENDA DISTRIBUTION 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 emniled ns soon ns possible on packet dny. The camera-ready agenda c:/myfiles/documents/minutes/agenda form for paper) is emniled to Denise at Peninsu/a C/orion (at email folder Work Session/Special Meetings, or Composition in Contacts or IbeIIC`~acsalaskn.net). Home Page documents (ngenda, resolutions, ordinances for public hearing, and ordinances for introduction) nre usually emniled 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 webpage as soon ns possible before lenving the office for the weekend.