Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2008-09-17 Council Packet
AGENDA `\\ ENAI CITY COUNCIL -REGULAR MEETING ~,~~.., SEPTEMBER 17, 2008 a~" 7:00 P.M. KENAI CITY COUNCIL CHAMBERS aaxnraiasaa httpa/www.ci.kenai,ak.us U Work Session: 5 P.M., Council Chambers Regarding FY10 Capital Improvement Project List Formulation. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. D°Anna Gibson and Brad Nyquist -- KCHS Nordic Ski Team. ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. 1. Ordinance 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. (Clerk's Note: At the June 4, 2008 council meeting, Ordinance No. 2314- 2008 was postponed to August 6, 2008. A[ 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 17, 2008. The motron 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. 2. Ordinance No. 2343-2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Dune Rehabilitation & Conservation Capital Project Fund for Dune Rehabilitation, Signage and Fencing. 3. Ordinance No. 2344-2008 -- Increasing Estimated Revenues and Appropriations by 525,000 in the Tidal Marsh Rehabilitation & Conservation Capital Project Fund for Tidal Marsh Rehabilitation. 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. 5. Ordinance No. 2346-2008- Increasing Estimated Revenues and Appropriations by 573,030 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(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. a. 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 Packe4 -Devef opment-Pre paration-Distribution-Publication-Late Materials. 7. Ordinance No. 2349-2008 -- Amending the Kenai Zoning Cotle 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. 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. (Clerk's Noce: At the August 2Q 2008 council meeting, Resolution No. 2008-54 received a motion to approve, a motion to amend, and then was tabled to September 17, 2008. The 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 PuII-Out Project as a High Priority for State and Federal Funding. 9. Resolution No. 2008-55 -- Supporting the Creation of a U.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 Locally. 10. Resolution No. 2008-58 -- Rescinding and Replacing the City of Kenai Retention Schedule. 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. 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 ElectionlElection Board Members. 5. Discussion/Approval --City Manaoer Contract. ITEM N: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's offce at 210 Fidalgo Avenue, or visit our website at httpJ(www.ci.kenai.ak.us. Carol L Freas, City Clerk D/211 SEPTEMBER 17, 2008 REGULAR COUNCIL MEETING REQUESTED ADDITIONSecxANGES To TxE PACKET %TEM REQUESTED BY: ADD: Executive Session -- Personnel Matter CITY MANAGER CONSENT AGENDA No changes. TESTIMONY SIGN-IN SHEET w 0 d ~a a ~\ > ` ~ v ~ ub i. ,; d ~' z ~ W \ (~ ,z ,_ W ~ Z CG Q J Q p r~ (n ~ ~ J J ~" 0 0 ~ ~ Q .~ 0 0 0 -, ~ cn cn w rr ~ m .~ O C7 z I- W W J U Z O U ~~ > `~ w ~ - z w ~ ~ Z W Z ~ J p ~ (~ OJ J O O ~ ~ ~ O J O O ~ a cn cn w ~ ~ m ~> ~~ z W ~' cw.~ ~~ac~nc~i~~~~m ~~~ I~ ~~~, W } ~ il z p L~ Q Q~~ O J -,acncnw~~m ~ ; LLI ~" U' ~ J ~ ~ O O ~ ~ J 0 0 0 , ~ cn cn w ~ ~ m > ", ` `~ . , ` ~ w o ~ Z z ~ J ~ ~ J J p ~ 0 Q 'S Q ~ ~ 0 0 0, -,, a cn cn w ~ ~ mj 0 ``6 ar a ti: 0 (~ Z 1- W W J U Z O U ',! w >- ~ z o ~ ~' ~ ~ ~ ~ m c n c n cGW}~ ~ zWo ~~Q~~o~ 0~~~000 ~cncnw~~m .~ °w. ~ ~ t,. Z W~.~ Z ~~W "q~ W~ J ~ O W `. ~ W Z J ~ O W ~ O~~J000 ~`_~ ~ J- S` ~dCn(n W ~~m ~dC~(n W~~m > ` ~ ~ ; i z O~ w ~- w ~ >- t . ~sw- z ~ J ® ~ ~ o w p0 '5 ~ ~ 0 0 0. ~a. cn cn w ~ ~ m > ~, o. ~ . , Z W r ~ ``C~v. ~ W ~ ~ J O O W ~'C' ~~ ~~ _ O Q Q ~ Cn J } , d Cn (n W ~ ~ m l ~o `~ o. i~ O C7 z_ F W W J U z O U > ! E ~ ' ~ ' O ~ w >- i u ~ >- z' F- z ~ . J ^ f Y (n ~ ~ = O Q' O Q ~ Q ~ , ^ J Gn 0 _1 0 } 0 , m cn v~ w rt ~ m cn~. w '- ~ ~- ~ J ~ ~ ~ J Q Q ^ (n J } Cn(n W CL~m w ~- ~ Z W 1- ~ ~ ~ ~ ~ O ~ W J O O Q '5 ~ ~ 0 0 0 -~ a cn cn w ~ ~ m ~. ... `~. w >- ~ ~ z Z ~ ^ 0 Q 'S ~ ^J 0 J 0 0 , a v~ cn w ~ ~ m °~. w >- ~ Z W z ~ J J ^ ~ ~ O ~ p 0 Q ~ ~ ~ 0 0 0 -, a cn cn w m ~ m ~ ". W w z ~ >- J ~ ^ fn OJ Z 0 ~ ~ ~ ~ 0 0 J 0 ~ cn cn w ~ ~ m AGENDA KENAI CITY COUNCIL -REGULAR MEETING SEPTEMBER 17,2008 7:00 P.M. KENAI CYTY COUNCIL CHAMBERS http: / f 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) 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 ITEM E: PUBLIC HEARYNGS (Testimony limited to 3 minutes per speaker.) Ordinance 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 1. 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 the September 3, 2008 meeting, the ordinance was postponed to. September 17, 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 ................................................................................. 2. Ordinance No. 2343-2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Dune Rehabilitation 8v Conservation Capital Project Fund for Dune Rehabilitation, Signage and Fencing ............................ 3. Ordinance No. 2344-2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Tidal Marsh Rehabilitation & Conservation Capital Project Fund for Tidal Marsh Rehabilitation ......................................... 7 11 13 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 ............................................................................. 16 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 ..................... 17 6. 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 .........:........................................................................................................... 18 a. 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 -Development-Preparation- Distribution-Publication-Late Materials ............................................. 37 7. Ordinance 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 ...................................................... 62 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 ....................................................................................... 65 (Clerk's Note: At the August 20, 2008 council meeting, Resolution No. 2008-54 received a motion to approve, a motion to amend, and then was tabled to September 17, 2008. The 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 .................................................. 66 9. Resolution No. 2008-55 -- Supporting the Creation of a U.S. Department of Peace ............................................................................................................. 67 (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 Locally ................................................................ 69 10. Resolution No. 2008-58 -- Rescinding and Replacing the City of Kenai Retention Schedule ........................................................................................ 71 aTEM F: MINIJTEs 1. *Regular Meeting of September 3, 2008 ............................................................ 92 %TEM G: UNFINISHED BUSINESS ITEM H: NEW BUSINESS 1. Bills to be Ratified .......................................................................................... 115 2. Approval of Purchase Orders Exceeding $15,000 .............................................. 116 3. *Ordsnance No. 2350-2008 -- Amending Estimated Revenues and Appropriations by $14,211 in the Senior Flxnd for Various Program Services..... 117 4. Approval -- October 7, 2008 City of Kenai General Election/Election Board Members ....................................................................................................... 119 5. Discussion/Approval -- City Manager Contract ............................................... 120 ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission ................................................................ ........................ 126 3. Harbor Commission ..:............................................................. ....................... 129 4. Library Comrnission ................................................................ ....................... 132 5. Parks & Recreation Commission .............................................. ....................... 136 6. Planning & Zoning Commission ............................................... ....................... 140 7. Miscellaneous Commissions and Committees a. Beautification Co,,,mitree .................................................... ....................... 148 b. Alaska Municipal League Report ......................................... ........................ -- c. Mini-Grant Steering Committee ........................................... ....................... -- %TEM J: REPORT OF THE MAYOR ................................ ........................ -- ITEM K: ADMINISTRATION REPORTS 1. City YTEM L: 1. Citizens (five minutes) 2. Council YTEM 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.) -- None Scheduled. ITEM N: ADJOURNMENT INFORMATION ITEMS SEPTEMBER 17, 2008 Page No. 1. 9/ 17/2008 Purchase Orders Between $2,500 and $15,000 for council review ............................................................................................................ 16 2 2. 9/ 16/08 Kenai Peninsula Borough Assembly Meeting Agenda ........................... 163 3. 9/ 12/08 Kenai Harbor Rate Schedule .............................................................. 168 4. 9/ 11 /08 D. Carey, KRSMA Board Meeting Report ............................................. 169 ,a 1 city overlooks the mouth of the Kenai River, commanding aspectacular view of Cook Inlet. With 28.5 square miles of incorporated city land, located between the scenic Kenai Mountains, and the towering Alaska Range across the Inlet, Kenai is the largest city in the Kenai Peninsula Borough. The city offers its services to an additional 25,000 permanent residents of the Central Peninsula area. Commercial fishing,tourism,and oil-related industries all combine to make Kenai an economically diverse and stable environment for new business and industry. Ohly a few years after the United States purchased Alaska in 1876 the first canneries were built. The Americans began to capitalize upon the large salmon runs that fed the Kenaitze Indians for centuries. The descendants of those early salmon continue to return each summer, providing the community with a vital source of local revenue. Thousands of people are employed to support the operation of a large drift gillnet fleet and the many setnet sites harvesting the salmon. The large quantities of oil and natural gas located near Kenai provide a stable economic base for the community throughout the year. The city encourages the development of oil and gas recovery and supports the related industries serving virtue of 'Its incomparable surroundings and plentiful natural ors the conveniences of the city in a uniquely Alaskan climate. braces new interests and-growth, while maintaining the virtuE skan community stilfin touch with its past. resources, Kenai AGUIDETOTHECOMMUNITYOFKena%~ /~/a5ka ;v~\ ... \\ tt,~~ a~7 // CITY QF i£EIiI1L$ Suggested by: Councilor Smalley ®RDINAIVCE NC1. 2314-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, 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. WHEREAS, the City of Kenai Salary Schedule contains nine "Steps" from Step A to Step CC; and, WHEREAS, the time period to advance between Steps B to F is one year and to advance between F to CC is two years; and, WHEREAS; .when an employee advances to a higher Step, heJshe receives a two percent (2%) pay increase; and, WHEREAS, it takes ten and one-half years to advance from Step A to Step CC; and, WHEREAS, when an employee reaches Step CC he/she is not able to advance to a higher Step; but does receive a cost of living adjustment in his/her Step when the entire payroll schedule is adjusted, and, WHEREAS, under the current system employees with over ten years continuous service with the City are frozen at Step CC; and, WHEREAS, 'longevity pay would reward the employees for their long-term service with the City and provide an incentive for them to remain in Ci"ty service; and, WHEREAS, it is in the best interest of the City of Kenai to give certain employees frozen at Step CC a longevity pay bonus of two percent (2%). NOW, THEREFORE, BE IT ORDAI_'VED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 23.55.080 Longevity Pay is enacted as follours: 23.55.080 Longevity Pay A1I regular employees who have been at Step CC for a period of at least two years as of July 31 shall be paid a longevity bonus of two percent (2%) of his/her base annual salary (i.e. excluding overtime). The longevity pay shall be paid just once a year on the August payroll. Notwithstanding the above; any employee who has received a Range increase or a non-cost of living pay increase within their current pay Range in the 12 months prior to July 31 is not eligible for a Longevity Pay bonus. New Teat Undecliated; [DELETED TE~'T BRACKETED 1 Ordinance No. 2314-2008 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA; this 17th day of September, 2008. ATTEST: PAT PORTER, MAYOR Carol L. Freers, City Clerk Introduced: May 20, 2008 First Reading: June 4, 2008 Second Reading: August 6, 2008 Third Reading: September 3, 2008 Adopted: September 17, 2008 Effective: October 17, 2008 New Text lindexiined; [DELETED TEXT 2 ~~`\ =, ~~-^ ,- ~ tAe aty a f // KENR~ AKKR °f/ilfa~e wit~i a Past, ~i~ wit~i a ~r~tr~Ye ~~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ,~,„~,~ Telephone:907-283-75351 FAX:907-283-3014 i~~l~f 1992 MEMO: TO: City Council ~~ FROM: Rick Koch DATE: August 27, 2008 SUBJECT: Ordinance No. 2314-2008, Longevity Pay The purpose of this correspondence is to discuss a number of options relating to the enactment of longevity pay inereaseslbonuses for employees that have reached tho end of the salary scale. I will be using the term "vesting schedule" in niy discussion. I don't think vesting schedule is probably the most accurate term, but it's the best I can come up with to describe the length of time from when an employee starts at the "A" step, to when they reach tLe "CC." Step. Presentl j/, when ail "ciiipi0y0e rG'aClieS the "CC" Step, fOT pllrpOSe5 Of this discussion, he or she is "fully vested". I have attached a spreadsheet comparing the vesting schedules for selected governmental mots in Alaska. Option Number One - Do Nothing Discussion The City ofKenai's salary schedule is assumed to recognize the competitive range ofpay foz each. job classification. In other words, it reflects what the market has deternlined is a fair rate of pay for a particular job. The City of Kenai has a reasonably short vesting schedule in that it tapes most employees only 10 do 10-1/2 years to reach the "CC" step. This is advantageous to our employees as they move though the vesting schedule more rapidly than the majority of other mmiicipafities in Aiaslca. Two measures of whether an employer is paying less than Che market at any point, in a salary schedule is if there is high employee turnover and/or it is difficult to recrait to fill 3 position. vacancies. The City of Kenai does not have high. turnover, nor have we had difficulty in attracting qualified candidates to fill vacancies. The exception was within the Police Departrnent and that issue has been addressed.. Pros No finatacial impact Cons Disappointment on the part of some employees Perception at being frozen at top step continues Option Number Two- Provide atwo-percent (2%} bonus each year for employees that have been at the "CC" step at Ieast two years. Bonus is based on base annual salary. Discussion This option is defined in ordinance number 2314-2608. It provides as a bonus, what is another step following the "CC" step, makhig hY effect a 12.5 year vesting schedule, where emplcyees will find their rata of pay "frozen". Twelve employees would receive the bonuses in FY09. This is the option. contained in ordinance number 2314-2008. Pros Provides additional compensation to employees, recognizing long-term city service Cons Provides additional compensation to employees, possibly higher than the competifive market salary range - Cast of iuAplanarontation is approximately $ i~,006 in F`i'09 - There is disagreement whether the annual "bonus" would be considered solely as it relates to PE12S - Employees would feel they are "frozen" again after receiving the bonus after only several years Option Number Three-Create two additional longevity steps in the egrsting salary schedule Discussion There are almost and endless number of pernmtations to address this. Excepting the City of Kenai, which has a 10.5 year vesting schedule; the range was 13.5 years to 22 years for the other ~ government units I researched. The average vesting schedule far these was 19 years. The City of Soldotna, after reaching the end. of the schedule (17.5 years) offers three-percent (3%) longevity increases every three years. 4 Two additional longevity steps, "D'D" and "EE" ,with "DD"being attained after tive years at the "CC" step, and `BE"being attained after five years at the "DD" step, would result in a vesting schedule ?0.5 years in length. The post of implementation in PI'09 would be approximately $ 17,500. This cost assumes no recognition ofpast longevity, and provides an increase in base pay of 2.5% far each of the additional. steps. hi FY09 three employees would move to the "DD" step and five employees would move to the "EE" step. Pros Addresses perception that employees are "frozen" in salary - No confusion regarding application to PERS. It will increase employees' retirement - Fewer employees will. reach the end of the salary schedule - Consistent with other government units vesting schedules Cons Additional steps may net be justified by the market salary range The cos# on implementation for FY09 is approximately $ 17,500 It is still possible to be "frozen" at the end of the salary schedule Administration Recammendatinn The adminishation believes the existing vesting schedule represents the market range for specific job duties, and that the performance of certain jobs should be compensated for within that range. Under option three the proposed increase in salary expenditure is minimal and would a~idf'esS ias2g-tci`ili cmpioyCe L`anCeTT1S they are "frarvp" inrlie veStmg sei7edule, Some for many years. Administration. recommends option. number three. If the Council agrees with the adrninistrarion recommendation I suggest Council direct the administration to bring back a substitute ordinance at the next regularly scheduled Council meeting, 5 w o c _m fQ `y y i 3 N ~ Lf1 LIi U1 LI5 p~ ~~ d p m N r O M O F ~ ~ y~ ~ N c -t N . -i Z ~ w O H 4 1' u d (($ N s~ v v m r+ o o 0 0 0 E ~ 3 ~ C Z w O ~ L ~' Y y f6 N ~ d d O N 0 0 0 0 0 ~ ~ _ 3 v.. p ~ a ~ ~ ~ N t4 u ~~„ Ct y O O N ~ N O O r ~ m C c Z - ~ N y 4.. •[ ~ D y y~ d~ y O N I~ to M O M a .. L ~ ~ c Z Y Q ~ VI N ~ ~' ~ N ~ G1 tl1 t.f) N 1'~ 00 N ct ~ _ `u c T ~ Q ' ~ ~ n c ~ ._ e _ i ~ d ry u5 0 In tf1 it} u't C~ ~ of 6J 0 0 0 0 0 0 ,Q ~ '' O a` c ~ o ~ `o m '~ 'o R `° (} h N v m ~ b4 Q C o "" o ° ' [a ~ u °" _ 'te ~ E ~ _ . R c a c c c Q N Y Vii G 2 Y 6 a~ .-; ~' _~ ,.y the clv of // SUBSTITUTE Suggested by: Administration OITY OF KENAI ORDINANCE RTO. 2314.200 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 23.55.020 PROVIDING FOR THE ADDITION OF STEPS DD AND EE TO THE CITY OF KENAI SALARY SCHEDULE. WHEREAS, the City of Kenai Salary Schedule contains nine "Steps" from Step A to Step CC; and, WHEREAS, the time period to advance between Step A to B is six months, Steps B to C to D to E to F is one year, and to advance between F to AA to BB to CC is two years; and, WHEREAS, when an employee advances to a higher Step, he/she receives a two and one-half percent (2.5%) pay increase; and, WHEREAS, it takes tan and Gna-half years to advance from Step A to Step CC; and, WHEREAS, when an employee reaches Step CC heJshe is not able to advance to a higher Step, but does receive a cost of living adjustment in his Jher Step when the entire payroll schedule is adjusted, and, WHEREAS, under the current system employees with over ten and one-half years CGii tinilGiiS Sai JiCe wlili. tlP. ~~..itj% ire i2Gt elZg"ibie i^r adVa:-:Cet ent p.".St Step .~.C; aiad, WHEREAS, the addition of two additional Steps to the salary schedule would reward long-term employees for their many years of service to the City and provide an incentive for them to remain in City service; and, WHEREAS, it is in the best. interest of the City of Kenai to add Steps DD and EE to its current salary schedule with the time normally between steps CC tG DD to EE to be five (5) years; and, WHEREAS, this change will be retroactively affective to the beginning of the current fiscal year, July 1, 2008 and urill have an estimated $15,755 cost of implementation in FY2009. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CFTY OF KENAI, ALASKA, that KMC 23.55.020 Salary structure by grade is amended as follows: New Text Ltnderlined; (DELETED TEXT BRACKETED] 7 Ordinance No. 2314-2408 Page 2 of 3 23.55.020 Salary structure by grade (a) Salary structure by grade is hereby established in accordance with the table that is appended to this title and which may be amended, modified, or replaced by ordinance, in which case a copy of the amended, modified, or replacement table shall be substituted for the prior table and placed in the code at the end of this title. (b) On completion of the probationary period, each employee shall be advanced one (1) step. At succeeding anniversary dates, subject to evaluation, employee may be advanced a step increment. The time period normally between steps B to C to D to E to F is one (1) year. The time normally between Steps F to AA to BB to CC is two (2) years. The time normallv between steps CC to DD to EE is five (Si vears. City of Kenai Salary Schedule Range A B C D E F AA BB CC DD EE Step 1 17,905 18,353 18,800 19,248 19,696 20,143 20,591 21,039 21,486 21. 934 22 .382 i.1 18,771 19,240 19,7D9 20,178 20,648 21,117 21,587 22,D56 22,526 22. 994 23 .463 2 19,989 20,489 20,989 21,488 21,988 22,487 22,987 23,4$7 23,986 24, 487 24 9$6 21 21;052 21,578 22,105 22,631 23,157 23,683 24,209 24,735 25,261 25 789 26 .315 2.2 22,271 22,827 23,384 23,941 24,497 25,053 25,609 26,166 26,722 27. 282 27 .838 2.3 23,384 23,969 24,553 25,139 25,724 26,309 26,894 27,479 28,D64 _ 2$ 646 _29 2231, 2.4 27,326 28,009 28,693 29,375 30,058 30,741 31,423 32,106 32,789 33, 475 34 .158 2.5 30,930 31,7D3 32,477 33,250 34,023 34,796 35,568 36.341 37,114 37. 889 38 663 3 31,136 31,914 32,692 33,470 34,248 35,025 35,BD3 36,581 37,359 38 142 38 929 4 32,693 33,511 34,329 35,146 35,964 36,782 37,599 38,417 39,235 40.049 40 .667 5 34,330 35,189 36,047 36;906 37,765 38.624 39,483 40,342 41,200 42. 054 42 912 6 36,049 36,950 37,851 38,752 39,653 40,555 41,456 42,357 43,258 44. 160 45 .D61 7 37,859 38,805 39,751 40,697 41,643 42,589 43,535 44,461 45,427 46. 377 47 .323 8 39,767 40,762 41,756 42,751 43,746 44,740 45,735 46,730 47,724 48. 714 49 .709 9 41,739 42,782 43,825 44,869 45,912 46,955 47,999 49,042 50,085 51. 130 52 .174 10 43,814 44,910 46,005 47,101 48,197 49,292 50,388 51,484 52,579 53 672 54.768 11 46,000 47,151 48,301 49,452 50,602 51,753 52,903 54,054 55,204 56 .351 57 .501 12 48,321 49,529 50,737 51,945 53,153 54,360 55,568 56,776 57,984 59 .194 60 .402 13 50,705 51,972 53,240 54,508 55,775 57,043 58,310 59,578 60,846 62.113 63 .381 14 53,274 54,606 55,938 57,271 58,603 59,936 61,268 62,601 63,933 65. 260 66 .592 15 55,938 57,337 58,735 60,134 61,533 62,931 64,330 65,728 67,127 68. 525 69 .923 New Text Underlined; (DELETED TEXT BRA.C[{EYED] 8 Ordinance No. 2314-2008 Page 3 of 3 16 58,7D8 60,175 61,642 63,109 64,576 66,043 67.511 68,978 70,445 71 917 73,385 17 61,653 63,195 64,737 66,279 67,821 69,363 70,905 72,447 73,988 75.525 77,067 18 64,736 66,354 67,972 69,590 71,208 72,825 74,443 76,061 77,679 79 302 80.920 19 67,957 69,656 71,355 73,054 74,752 76,451 78,150 79,849 81,548 83.247 84.946 20 71,386 73,171 74:956 76,741 78,525 80,310 82,095 83,880 85,665 87.448 89.232 21 74,958 76,832 78,705 8D,578 82,452 84,325 86,199 88,D72 89,945 91.824 93.698 22 78,660 80,627 82,594 84,561 86,528 88,495 90;462 92,428 94,395 96,359 98.325 23 82,605 $4,670 86,736 88,801 90,867 92,932 94,997 97,063 99,128 101 191 103,256 24 86,847 89,D18 91,189 93,361 95,532 97,703 99,875 102,046 104,217 106.387 108.559 PASSED BY THE COU NCIL OF THE CITY OF KENAI, ALASKA, tlus seventeenth day of September, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: Introduced: May 20, 2008 First Reading: June 4, 2008 Second Reading: August 6, 2008 Third Readinng: September 3, 2008 Adopted: September 17, 2008 Effective: July L, 2008 New Text Underlined; [DELETED TEXT BRACKETED 9 '' ,\ ~ ~ °_. _` ``q, ttiecc'tyaf `/ KENAI~ Kp To: Rick Koch, City Manager "l/illa~e wtt~i ~ Past Gc~' tvct~t ~ Futr~v'e>` FINANCE DEPARTMENT 210 Fdalga Avenue, Kenai, Alaska 99811-7794 Telephone: 907-283-7535 ext 221 /FAX: 907-283-3014 From: Terry Eubank, Finance Director "~ ~,'-..- Date: September 8, 200$ Re: Addition of Step DD and EE analysis The following is the result of my analysis of adding additional Steps DD and EE to the current City of Kenai pay scale. The proposed scenario is based on a 5-year Step increase cycle between Steps CC 1p DD to EE. The scenario continues the 2.5% rate of increase currently used between all City Steps. The unpact is shown in the number of employees affected as well as the financial effect by fiscal year. It should be noted that financial impacts in fuhire years are based apon the City's current pay scale and will be affected up or down based upon future cost of living adjusttnents. The total number of employees affected represents the maximum number of employees based upon current longevity and may decrease with changes in employment such as retirement, position change, etc. Seeil~r io - Addition of 2S% Steps DD and EE <rrth 5-year step Cycle. STEP DD STEP EE TOTAL Employees Financial Employees Financial Employees Finaacial Fiscal Year Affected Imnaet Affected Impact Affected [mnaet FY2009 2 $3,082* 5 $(2,673" 7 $15,755 FY3010 4 5,688** 5 12.673** 9 18,361 PY2011 5 7,015** 5 12,673*' 10 19,688 FY2012 4 5,474** 6 15,751** 10 21,225 FY2013 3 3,933** 7 18,829** l0 22,762 FY2014 3 3,933** 7 18,829** 10 22,762 FY3015 4 4,964** 9 24,041.** 13 29,005 * Estimate based on a retroactive implementation to July I, 2008. ** Estimated using FY2009 City of Kenai Salary Schedule with no adJustment for cost of living changes. It is expected these amount wilt vary. 1~ PERS F,ligible Compensation - tnbox -Yahoo! Mail http: //us.mc301.m ai 1.yahoo.com/mc/showMessage?fide-l n box&sorNd.. ~~~-~~r,~~. w AEaska Statute 39.35.680 (9): (9) "compensation" means the remuneration earned by an employee for personal services rendered to an employer, including employes contributions under AS 39.35.160 ,cost-of-living differentials only as provided in AS 39.35.675 ,payments for leave that is actually used by the employee, the amount by which the emplayee's wages are reduced under AS 39.30.150 (c), and any amount deferred under an employer-sponsored deferred compensation plan, but does nat include retirement benefits, severance pay or other separation bonuses, welfare benefits, per diem, expense allowances, warkers' compensation payments, or payments for leave not used by the employee whether those leave payments are scheduled payments, lump-sum payments, donations, or cash-ins; for a member first hired on or after July 1, 1996, compensation does not include remuneration in excess of the limitations set out in 26 U.S.C. 401(a)(17) (Internal Revenue Code); Charley Larson Accounting Section, Technician III State of Alaska Department of Administration -Division of Retirement & Benefits PO Box 110203 Juneau,AK 99811-0203 907-465-5714 (voice}; 800.821.2251_ ext. 5714 -------------- ---- --- ----- 907-465.3291 (fax) Y // //1 ` 1 of I 9/16/2008 71:44 AM .-y~, ~~s .. Ehe cilyof ,/~ KENRv SKA CITY i~F KENAI Suggested by: Administration ORDINAANCE NC3. 233-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $25,000 IN THE DUNE REHABILITATION & CONSERVATION CAPITAL PROJECT FUND FOR DUNE REHABILITATION. STGNAGE AND FENCING. WHEREAS, the City of Kenai was awarded a $25,000 grant from the United States Department of Interior, Fish and Wildlife Service, to rehabilitate approximately one acre of dune grass habitat along the North and South shores of the mouth of the Kenai River; anal, WHEREAS, the project will include re-vegetation of the area, installation of fencing, and installation of educational signage highlighting the importance of dune habitat at the South Spruce Street parking lot NOLV, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Duna Rehabilitation & Conservation Capital Project Fund Increase Estimated Revenues: Federal Grant Increase Appropriations: Construction ~2s,ooo $25,000 PASSED BY THE CGUNCIL GF THE CITY GF KEI~TAI, ALASKA, this 17th day of September, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: Introduced: September 3, 2008 Adopted: September 17, 2008 Effective: September 17, 2008 New Text Unde*lined; [DELETED TEXT BRACKETED] 11 Attachment !k: Budget aJrd Scope of Work 1$adget Items USF'WS City of TQTAL Kenai Engineering desigh $2,000 -- $2,000 Re-vegetation (soil prep and planting) $10,000 $5,000 $15,000 Educational signage $3,000 -- $3,000 Fencingq $~~~~10,000 $5,060 $15,000 T®TAL NLJq®®® $8f/,4r®® $JJ~®V® Scope of Work: The City of Kenai will work with p~utncrs to rehabilitate approximately 1 acre of dune grass habitat clang the North and South shores of the mouth of the Kenai River. Revegetatian work will consist of transplanting sprigs beach wild rrye in areas currently devoid of vegetation. The work area will :focus on the dunes area on the North. share of the river at the Sauth Spruce Street beach access paint. Additional revegetation work will occux an the South shore if funds are available ar additional funding is secured. Areas planted with sprigs will be fertilized with application rates recommended by the, Alaska Plant Materials Center to ensure plant snrvivaI. To protect the exisring vegetation and the newly planted wild rye approximately 1,b00 feet offence will be installed on the back side of the dunes. During the July dip-net fisheiy the City will install snaw fencing along the river side of the dunes to prevent trampling of the dune grass from the beach side of the dunes. At the South Spruce Street parking lot an educational sign highlighting the importance of the dune habitat will be erected. Along the access road behind the dunes 3-4 beach access points vrll be fenced to allow access to the beach and'minimize the amount of dune habitat damaged by foot and vehicle traffic if the City is able to secure additional funds these access points will be elevated walkways instead of fenced access points. 12 '~''~~'`' Suggested by: Administration -~= ebr°'~'°f CITY QF KENAI RENAI~~A[ASKA 83RDdNANCE N®. 2344-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $25,000 IN THE TIDAL MARSH REHABILITATION & CONSERVAfiION CAPITAL PROJECT FUND FOR TIDAL MARSH REHABILITATION, WHEREAS, the City of Kenai was awarded a $25,000 grant from the United States Department of Interior, Fish and Wildlife Service, to rehabilitate approximately one acre of tidal marsh degraded by vehicle and foot-traffic; and, WHEREAS, in addition to tha City's re-vegetation of the area, the Kenai Watershed Forum using a grant provided by Conoco Phillips, will design and construct a 24 -foot by I6-foot viewing platform to be used as an outdoor education and wildlife viewing facility. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Tidal Marsh Rehabilitation &, Conservation Capital Proiect Fund Increase Estimated Revenues: Federal Grant $25,000 Increase Appropriations: Construction $25,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1'%th day of September, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance:__,_-- Introduced: September 3, 2008 Adopted: September 17, 2008 Effective: September 17, 2008 New Text tindezlined; (DELETED TEXT 73RACKETED] 13 6'sttaehmeut A: Budget and Scope of Work I&euai City of budget Ttems USFWS Watershed Kenai T®TAL Forum Engineering design --- $12,000 -- $12,000 Re-vegetation (soil prep and $25,000 -- -- $25,000 planting) Education facility construction -- $48,000 -- $48,000 Removal of compacted soil (in-kind. service) -' -- $1,200 $1,200 T®TAL $25,000 $b0,000 $1,200 $6,200 Scope of Work: The Watershed Forum will work with the landowner (City of Kenai) to rehabilitate approximately 1 acre of tidal marsh degraded by vehicle and foot-traffic. Additionally, with a grant fmm Conoco Phillips, the Watershed forum will design and construct a 2~+-foot by 16-foot viewing platform (diagram below) to be used as an outdoor education facility by local school groups and as a wildlife viewing platform by the public Restoration of the wetland vegetation will. be accomplished by removing the compacted soil and disposing of it at an appropriate upland location. If necessary material dredged (i.e. river sediment) from the City of Kenai's boat launch will be placed where the compacted overburden was removed. Re- vegetation will be accomplished by collecting vegetation plugs with clam guns from the adjacent tidal marsh. Spatial. zonation of plant species is typical of tidal marshes and re-vegetation efforts will numic the natural. zonation by collecting and planting in the same spatial zone. The Watershed F'arwm will contract the design and construction. cf tl:e cutdocr education facility. 14 o .~ II M h J GS R84 W S Q b~1 ~~ q O h W ~ucn~vzp tuzo~t~jd nvu,~arn :g ~aaaaaa~~c#~~' 15 r . tl,~~~~tyaf// REtiAv SKA Suggested by: Administration CITY 4F KENAI dRDINAPICE PFO. 2345-2Q08 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $25,000 IN THE SOCCER PARK CAPITAL PROJECT FUND FOR A SOCCER PARK MAINTENANCE BUILDING. WHEREAS, the City of Kenai was awarded a $25,000 grant from the State of Alaska Department of Commerce, Community and Economic Development for the purpose of a building for storage of materials and equipment used for maintaining the new soccer complex; and, WHEREAS, it is in the best interest of the City of Kenai to accept this grant for its stated purpose. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Soccer Park Capital Proiect Fund Increase Estimated Revenues: State Grant $25,000 Increase Appropriations: Construction $25,000 PASSED BY Tj~H(~Ep COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of deJeptel2dbety 213V L3. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: Introduced: Adopted: Effective: September 3, 2008 September I7, 2008 September 17, 2008 New Text Underlined; iDELETI?D TEXT BRACKETEDI 16 \_ ,;, " / CITI' OF KENAI Suggested by: Administration ORDINANCE NO. 2346-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $73,030 IN THE DUNE REHABILITATION Sv CONSERVATION CAPITAL PROJECT FUND FOR CONSTRUCTION OF ELEVATED WALKWAYS AND FENCING. WHEREAS, the City of Kenai was awarded a $73,030 grant from the Uivted States Department of Agriculture, Natural Resources Conservation Services, to construct and install approximately 1,964 square feet of elevated walkways and approximately 5,000 feet of fencing at the dune habitat on the north shore of the mouth of the Kenai River; and, WHEREAS, the elevated walkways will provide beach access through the dunes while providing protection for the dune habitat; and, WHEREAS, the installation of fencing will help protect the dune habitat from foot and vehicle traffic. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Dune Rehabilitafion 8v Conservation Cat~itaI Proiect Fund Increase Estimated Revenues: Federal Grant $73,030 Increase Appropriations: Construction $73,030 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of September, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: ~ ~c ~.. Introduced: September 3, 2008 Adopted: September 17, 2008 Effective: September 17, 2008 New Text Underlined; ]DELETED TE3:T BRACKETED] 1 / r ''~ , Suggested by: Council Member Molloy _~ ~:.- tHr.ci€yof OITY OF I~ENAI ORDINANCE NO. 2347-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING THE EXISTING KMC 1.15.040 AND KMC S.1S.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 - DEVELOPNlENT-PREPARATION-DISTRIBUTION-PUBLICATION-LATE MATERII3LS. WHEREAS, the people of the City of Kenai, exercising the powers of a home rule municipality, established the Charter of the City of Kenai which vested the legislative power of the Gity in the City Cauncil; and, WHEREAS, KMC 1.15 Rufies of Order currently establishes the Rules of Order for the execution of the legislation power of the City of Kenai. KMC 1.15 requires all meetings of the Council to be open to the public, actions of the Council be taken in public meetings, provides for an agenda for Council meetings, and for procedures relating to passage of ordinances, resolutions, and motions by the City Council; and, WHEREAS, KMC 1.15 currently does not require any notice to the public or publication of the Council meeting agenda or of a resolution for a Council meeting; and, WHEREAS, presently, the only requirement for notice to the public in KMC 1. L5 is notice of the proposed ordinances, and the sole requirement in KMC 1.15 for notice before Council's final vote is that, after passage on the first reading, the ordinance shall be published by pasting a copy 1:erecf an the Council bulletin baard, together with the notice of the time and place when and where it will be given a. public hearing and be considered for final passage, with the first publication to be at Least five (5) days prior to the time advertised for public hearing; and, WHEREAS, while the City of Kenai has practices for publication and notice to the public of the agenda items, it is in the best interest of the City of Kenai to establish written procedures and requirements for notice to the public and publication of the agenda for a Cauncil meeting, and for making available to the public a meeting packet, containing the final agenda, all legislative items, and all supporting documentation for aIl agenda items, for the Council meeting, sufficienfly in advance of the Council meeting in order to facilitate public participation in the City's business at the Council meeting; and, WHEREAS, KMC 1.15 currently has no rules regarding the rights of the Mayor and individual Council members to sponsor an ordinance for introduction or a resolution for adoption, or to request a discussion item far the agenda of a Council meeting, and to obtain the placement of such ordinance, resolution, ar discussion item on the agenda of a'Council meeting; and, New Text Underlined; (DELETED TER1' BR9CKETEDj 18 Ordinance No. 2347-2008 Page 2 of 4 WHEREAS, KMC L 15 currently has no rules regarding requests by members of the public that a matter be placed on the agenda for scheduled public comment or presentation by the requesting member of the public; and, WHEREAS, while the City of Kenai has practices for preparation, distribution and publication of the agenda for Council meetings, including the processing of ordinances, resolutions, requests for discussion items, -and. requests for presentations and comments by members of the public, including placement of such items on the agenda of the Council meeting, it is in the best interest of the City of Kenai to establish regulations, policies and procedures for these matters. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Kenai Municipal Code is hereby amended by repealing the existing KMC 1.15.040 and KMC 1,15.050{c) and re-enacting KMC 1.25.040 as follows: SECTION ONE KMC 1.15.040 Agenda is repealed and re-enacted as follows: (THE AGENDA FOR EACH MEETING OF THE CITY COUNCIL SHALL BE PREPARED BY THE CSTY CLERK AFTER CONSULTATION WITH THE CITY MANAGER AND THE MAYOR. SUCH AGENDA SHALL BE DISTRIBUTED BY THE CITY CLERK TO EACH MEMBER OF THE COUNCIL AT LEAST TWENTY-FOUR (24) HOURS PRIOR TO THE MEETING, AND NO FURTHER ITEMS SHALL BE ADDED TO THE AGENDA EXCEPT BY MAJORITY VOTE OF THE COUNCILMEN PRESENT AT A MEETING.] 1.15.040 AGENDA AND PACKET -PREPARATION-DEVELOPMENT- DiSTRiFiiTION-a UEi`aCATiOYv-e`tFiT.~ PvvATeicusia^ (FaYJaENDi~Ei3Tiz (al The Mavor or other Council member may sponsor an ordinance for introduction or a resolution for adoption, and such ordinance or resolution shall be placed on the agenda of the regular Council meeting reauested by the sponsor, (b} The Mavor or other Council member may request a discussion item be placed on the agenda of a regulaz Council meetine. and such discussion item shall be placed on the agenda of the regular Council meeting requested by the sponsor. (c) For Administration, the City Manager may propose an ordinance for introduction or a resolution far adoption, and suck ordinance or resolution shall be placed on the agenda of the regulaz Council meeting, requested by the City Manager. For Administration, the City Manager may request that a matter be placed on the agenda of a regular Council meeting as a discussion item. t The language in italics has been added since a draft of the ordntance language was placed in the packet for the Angust 20~ meefing. The word "amendment" was deleted from the original version. New Text Underlined; (DELETED TEXT BRACKETEDI 19 Ordinance No. 2347-2008 Page 3 of 4 ' (d) A member of the public may request that a matter be placed on the agenda of a regular Council meeting for comment or presentation and the matter shall be placed on the agenda of the regular Cauncil meetine requested or agreed to bu ~fl The Citv Clerk shall prepare the agenda for each Council meetine after consultation with the Mavor and City Manager subiect to paraeraphs (ai through (e} A draft agenda shall be cu-culated to the Mayor and other Council members and the City Manager, before finalization. f g) Notice of the date, time, place and final agenda for each Council meetine shall be given to the public by publication in a newspaper of general circulation and ~postixxg to the City's web site and at City Hall with publication to be done no later than su; 16} davs prior to the date of the Council meeting and posting to be done no later than 5:00 p.m. seven f7) days prior to the date of the Cauncil meetine In of calculating these deadlines. niC;iii'i7er5 prcSZrit at `u1e fTieetLrig. other Council members. and the City Manager, by no later than 5:00 p m seven davs prior to the date of the Council meeting. Distribution shall be by mail unless the recipient opts for another method of distribution such as~ersonal pick up electronic a The language in italics has been added since a draft of the ordinance language was placed in the packet for the August 20th meeting. New Text Underlined; ,DELETED 2'EX1` BRACKETED 20 over or postponed from a previous agenda. Ordinance No. 2347-2008 Page 4 of 4 upon request bu 5:00 p. m. six (6) daus prior to the date of the councrt meeting.3 At least one caper copy of the meetine packet shall be made available to the public at the meetine. (k) Except for written public comment on agenda items, and emereencv aeenda item materials, any written material related to an aeenda item that is submitted too late to be included in the meeting_packet shall not be considered by Council members, unless such late materials are submitted to the City Clerk no later than 12:00 p.m. the day before the meetine, and unless the Council affirmatively votes to add such late materials to the agenda item at the meeting. The City Clerk shall provide paper copies of such late material to the Councih and shall make paper copies of such late materials available to the public at the meeting. The City Clerk also shall provide to Council, and make available to the public at the meeting, paper copies of written public comments on aeenda items that are submitted too late to be included in the meeting,_packet. (11 The Administration may develop policies and procedures to implement this section, subiect to the review and approval of Council. SECTION TWO KMC 1.15.050 (c) (order of Business, is repealed. [{C) THE COUNCIL'S AGENDA MAY BE PREPARED BY AN APPROPRIATE ADMINISTRATIVE OFFICER AND WHEN SO PREPARED SHALL CONSTITUTE THE AGENDA FOR THAT MEETING. AGENDA FOR SPECYAL MEETINGS WILL USUALLY NOT INCLUDE AS MAATY SUBJECTS AS AGENDA FOR REGULAR MEETINGS.] PASSED F3Y THE COUNCIL OF TtIE CITY OF KENAI, ALASKA, this 17~ day of October, 20p8. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: September 3, 2008 Adopted: September 17, 2008 Effective: October 17, 2008 s The language in italics has been added since a draft of the ordinance language was placed in the packet for the August 20~ meeizng. Rew'Lext Underlined; DELETED TEXT BRACKETED) 21 1511~1S~f~U x'42: IViayor, Conanoil 1Vlembers, ~ Adxzannistratinn ~&24214I: fl3o6 1VEoEioy ,~ y~ ~T7~,1~0'1`: Ssamxsaary of ~°rogzosed Code Cflaanges ordixaanoe 33raft This memo provides a summary of the proposed Code changes (other than the proposed changes in the ordinance's title). The proposed Cade changes relate to the development, preparation, distrikiution, and publication of the agenda for City Council meetings, and also address late materials. The proposed Code changes do not affect the conduct of the Council meeting itself or any parliamentary procedures at the meeting. A.. T}eveflapmeant sand F'regaaratiosa of ~geanda. The first sentence of the existing KMC 1.15A~}0 is: "The agenda for each meeting on tk:e City Council shall be prepared by the City Clerk after consultation with the City ~blanager and Che Mayor." 1. The first sentence of proposed new KMC 1.15.040(f) states: "(f) The City Clerk shall prepare the agenda for each Council meodng, aPtar consultation with the Mayor and City M'aaager, suFiject to prxrcrbresphs (a) lFirou~h. (c).° (,hmphasis supplied). The "subject to" phrase is the proposed substantive change. The intent is that paragraphs (a) through (e) are 12.aafies of 42rder to be followed in the preparation of the agenda for each Council meeting. 2. New mantes of Corder paragraphs {a) and (b). While the Council as a whole executes the legislative power by a majority of 4 votes at the Council meeting, paragraphs {a) and (b) clarify that 4 votes are not required for the initial placement on the agenda of an individually sponsored legislative or palicy discussion itom. Paragraphs (a) and (b) establish in written Cade the Mayor's and the individual Council member's right; as legislatars, to sponsor a legislative or policy discussion item, and to obtain placement of their sponsored item. an the agenda of the Council meeting requested by the sponsor. The "Council meeting requested by the sponsor" could be the next Council meeting or a later Council meeting agreed to by the sponsor with the Mayor and City Manager, given other business already scheduled, time sensitive nature, or other considerations. 1- 22 3. New Rule of Order paragraph (c). The City's Charter, Section 3-2(6), protrides that the City Manager may make recommendations on matters of policy and other matters to the Council. Under the City's practice, the City Manager may propose an ordinance for introduction or a resolution for adoption, or request that a discussion item be on the agenda. Paragraph (c) establishes this practice in written Code. 4. New Rule of Order paragraph {dj. Paragraph (d) has been re-written based on comments received; the new language is underlined. Paragraph (d) is directed at the "Persons Scheduled to Be Heard" portion of the agenda for scheduled comment or presentation by members of the public. The intent of paragraph (dJ is to establish in Code what is basically the City's current practice for scheduled public comment or presentation, It is my understanding that the City Administration utilizes unwritten practices for processing such requests by members of the public, including screening for subjects exempt from public comment such as pending personnel matters, etc. The intent of the ending phrase "subject to policies and procedures adopted under paragraph (1) below" is that Administration will create written policies and procedures for processing such requests by members of the public, to be reviewed and approved by Council. The intent is that the public's right to free political speech on City business matters will be balanced with reasonable restrictions that will now be in written policy and procedure available for public notice and review {if this proposed change is adopted by Conncilj, instead of being handled under the Administration's unwritten practices. 5. New Rule csf Order paragraph (e) Paragraph (e) establishes that the Mayor or Council member who is a sponsor of an ordinance, resolution, or discussion item, or all co-sponsors of such items, may request that such an item be removed from the agenda, before the agenda is published, and such item shall be removed from the agenda, unless the item has been carried over or postponed from a previous agenda. .The intent of Paragraph {e) also is to establish that a requester may do the same, and have their item removed from the agenda, unless the item has been carried aver or postponed from a previous agenda. Requesters include (1j the City Manager for Administration-requested ordinances, resolutions, and discussion items, and (2j a member of the public for the requested scheduled comment or presentation by that person or their organization. 2- 23 B. Distribution of A enda. The first pazt of the second sentence of the existing KMC 1,15.040 is: "Such agenda shall be distributed by the City Clerlc to each member of the Council at ,least twenty-four (24} hours prior to the meeting .. . 1. The second sentence of proposed new KMC 1.15.040(f) states: A draft agenda. shall be circulated to the Mayor and other Council members, and the City Manager, before finalization." 'The intent of this substantive adnition is to provide earlier notice to Council members of tentative agenda items so as to allow Council members the opportunity to see if their sponsored items are on the agenda and to communicate with the Mayor and Administration if their sponsored items are omitted from the tentative agenda, or if they want to either postpone their item to a future agenda or rernave theiz item from the agenda (if not held over from a previous agenda, such as already postponed or tabled itemsj. 2. New paragraph (i) provides that the meeting packet, containing the agenda etc., shall be distributed to the Mayor, other Council members and the City Manager at least seven {7) days prior to the meeting, instead of ±he one (l) day in current Code. 3. New paragraph (i) also provides that this distribution would be by mail, unless the recipient opts for personal pick up or electronic mail, with fax or courier service "only available for recipients who will be out o£ the City of Kenai during the week preceding a Council meeting.° ~. Pubiicaton (and l~ostingj ae Agenda. There is currently no Code requirement for publication or posting of the agenda. 1. It is my understanding that the City's current practice for publication is publication in the newspaper on Mondays for a Wednesday Council meeting, so there is notice published only two (2) daps before the meeting date. New pazagraph {gJ would require publication of the agenda six days in advance, i. e., an the Thursday before the next Wednesday Council meeting. 2. it is my understanding that the City's current practice for posting to the City's web site is five (5) days in advance of the meeting date, i.e. by 5:00 PM on the Friday before the next Wednesday Council meeting. Paragraph (g) would require pasting of the agenda (to the web site and at City Hall) seven {7) days in advance, i.e., on the Wednesday before the next Wednesday Council meeting. -3- 24 I7. I3sstribution of Meeting Packet. There is currently no Code requirement far other distribution of the meeting packet, including agenda and supporting materials, to members of the public, or for providing for any other public access. 1. Tt is my understanding that the City's currant practice is to post a copy of the meeting packet to the City's web site five (S) days in advance, i.e. by 5:00 PM on the Friday before the next Wednesday Council meeting. New paragraph (j} would require that the meeting packet be posted to the City's web site, and also be provided to the Kenai Community Library, in order to be made available for public viewing, by 5:00 p.rn. seven (7) days prior to the date of the Council meeting, i.e., on the Wednesday preceding the next Wednesday Council meeting. 2. It is my understanding that the City's current practice is to provide paper copy of the meeting packet etc. to any member of the public, or to any organization, upon request, two (2) days in advance of the meeting date, i.e. on Mondays for a Wednesday meeting, New paragraph (j) would require that a paper copy or an electronic copy of the meeting packet be provided to any member of tha public, or to any organization, upon request, by 5:00 p.m. six (6} days prior to the date of the Council meeting, i.e, on the Thursday before the next Wednesday Council meeting. 3. New paragraph (j) would also require that at least one paper copy of the meeting packet be made available to the public at the meeting. This could be done in the form of a 3-ring binder similar to the Council's binders. This binder could be shared by membets of the public at the meeting. E. T..ate Materials. The last part of the second sentence of the existing KMC 1.15.040 is: "` ...and no further items shall be added to the agenda except by majority vote of the Councilmen present at a meeting." i. The proposal made in new paragraph (h) is that once the final agenda is published, no item may be "removed or added" to the agenda except by majority vote of the Council members present at the meeting. 2. In addition, the subject of proposed new section {k} is Iate materials that become "lay downs." The proposed deadline is Noon the day before the Council meeting, except for written public comment on agenda items and emergency agenda item materials. F. The proposed change made in paragraph (1) is that °The Administration may develop policies and procedures to implement this section, sixbject to the review and approval of Council." 4- 25 G. iZemeal ®f T~t~i~ 1.15.~5~lc). 1. The existing I~V[C 1.15.050(c) appears to conflict with KiVIC 1.15.040 in that paragraph (e) states in part that "The Council's agenda may be prepared by an appropriate administrative officer" while KMC .15.040 states that "The agenda shall be prepared by the ity Clerk after consultation with the City Manager and the Mayor." A repeat of of A'MC L 15.050(c) eliminates thss conflict. -5- 26 ry Chapter 1.15 RULES OF ORDER Sections: 1.15.010 Presiding officer. 1.15.620' City Clerk. 1.15.030 Pubtic meetings. 1.15.040 Agenda. L15.050 Order of business. 1.15,060 Motions. 1.25.070 Ordinances-Procedure in passing. 1.15.080 Resa[utians. 1.15.090 Ordinances and resolutions. 1.15.100 6peaking. 115.11D Voting. 1.15.120 12ules of order. 1.15.130 Telephonic participation. 1.15.010 Presiding officer. (a) The Mayor shall preside at all meetings of the Council. He shalt preserve order and decorum among the Council Members and is responsible for candunt of all meetings in compliance with these rotes. He may, at any dme, take such reasonable action as he deems proper to preserve order among the spectators in the Council Chamber during sessions of the Council. IIe may speak to points of order in preference to other members, and shall decide all points of order, subject to appeal to the Council by motion duty seconded as herein provided. He may participate in the debate on any matter. He may, at anytime, call any member to the Chair during any meeting, such substitution to discontinue when he elects to resume the Chair, and in no event beyond adjournment of the meeting at which such substitution is made. {b} In the temporary absence or disability of the Mayor and Vice Mayor, any member of the City Council may cart the Council to order at any regular or duty called special meeting to elect a president pro tempore from among its 5 L t 5.010 numbers; and the president pro tempore shall exercise all powers of Chairman during temporary absence or disability of the Mayor and Vice Mayor, and may vote on questions before the Council. (KC 1-8) 115.020 City Clerk. (KC t-9, Repeated Ord. 794) 1.15.030 Pubic meetings. Al[ meetings of the Council shall be open to the public, and alt actions of the Council shall be taken in public meetings. However, the members of the Council sitting as dro committee of the whole and any other committee of the Council may hold private meetings, as provided by the City Charter, Section 2-6. The Council, by a vote of rive (5) members, may resolve itself into private comminee of the whole by adopting a motion that the Council resolve itself into private committee of the whole; and the Mayor or any t"our (4} Councilmen may call a meeting of the private committee of the whole when the Council is not in session. (KC I- 10) 1.15.D40 Agenda. The agenda for each meeting of the City Council shalt be prepared by the City Clerk after consultation with the Ciry Manager and the Mayor. Such agenda shall be distributed by the City Clerk to each member of the Council at least twenty-four (24} hours prior to the meeting, and no further items shall be added to the agenda except by majority vote of the Councilmen present at a meeting. (KC t-11; Ord. 755) 1.15.050 Order of business. (a) The order of business for every regular meeting of the City Couacit may be outlined on an agenda deemed to be mast effective for regular Council meetings. The order of business may be speci5ed by a written agenda or calendar or other customary designation For scheduling of the order of business. (Kenai Supp. No. 66, t2-05) 27 l.ls.oso {b) A guide for the Counci['s agenda, but not a mandatory format for the order of business, can be as follows: {l) Roil Caii: Agenda approval, consent agenda; (2) Public l-Tearing (for ordinances or programs as amtounced); (3) Persons Scheduled to be Heard; (4) Correspondence (reading verbatim not required if copies distributed. to the entire Council); (5) Old Business; {6) New Business; {7) Reports; (8) Persons Present but not Scheduled to be Heard. (c} The Council's agenda may be prepared by an appropriate administrative officer and when so prepared shall constitute the agenda for that meeting. Agenda for special meetings wits usually not include as many subjects as agenda far regular meetings. (KC 1-12; Ords. 212, 913) LI5.060 Ndations. (a) A motion to amend an amendment shall be in order, but a motion to amend as amendment to an amendment sna[I not be entertained. (b) No appeal from any decision of the presiding officer shall be entertained unless it is seconded, and no other business shah be in order until the question on appeal has been decided. The, question nu appeal is not debatable and shall be put as follows: "Shalt the decision of the Chair stand as the judgment of the Council?" It shall be deemed to be decided in the affirmative unless a majority of .the votes gives are to the contrary. (c) Any member may make a parliamentary inquiry of the Chairman at any time during the meeting, (d) Any member may make a point of order without a second at any time. The presiding officer may speak to points of order in {1Cgiai Supp. Na. B6, 12A5) 6 (e) (~ {g} (h} 28 preference to other members, and shelf decide /';"' all such questions, subject to appeal to the t'i ` Council by motian duly seconded; and no other husiness shall be in order until the question on appeal has been decided. When the previous question is moved by any member, all debate on the main question shat( be suspended immediately and the presiding officer shat! put the question to the following form: "The previous question is moved on {specifying the motion on which the previous question is demanded). As many as are in favor of ordering the previous question will so indicate." If four (4) members vote affirmatively, the affirmative has it, the previous question is ordered, and the Chastman will proceed immediately to put to a vote the question on which the previous question was ordered. If less than four (4) members so indicate, the negative has it, the motian is tost, end the question reverts to the immediately pending question, which is again open to debate and amendment as if the previous question has not been demanded. The presiding officer shall put all questions in the order in which they are moved unless a subsequent motion shall be previous in its nature, except in naming sums and fixing times, the largest sum and the longest Lima shall be put first. When a vote has been taken, any member who voted on the prevailing side may move a reconsideration thereof aT the same meeting or at the next succeeding meeting whenever motions are in order, provided that the subject matter has not passed out of the control of the Council. A motion to reconsider requires four (4) votes; if such mofion thus prevails, the subject shall be open to debate and amendment in the same manner as the original question. Debate on motions to reconsider shalt be limited to twenty-five {2S) minutes, and ao member shall speak more , ,~~ r'i ~...', 1.ls.o~o minutes} if afforded for compliance with this Hite. (j) Any previous vote maybe rescinded by vote of four (4} members of the Council at any time, provided the subject matter has not passed out of the control of the Council. (k) All motiaras shall requiee a second, unless otherwise provided.. (1} Any member may require the division of a question when the sense of it will admit. (m) When a question is under debate, the presiding officer shall receive any of the following mo- tions but no other: (i) To adjourn; (21 To recess; (3} To raise a quesflon of privilege; (4) To call for the order of the day, 6r the regular order; (5) To lay on the table; (6} For the previous queston; (7} To Iimit or extend limits of debate; {8) Ta postpone to a certain time; (9) To refea; (10) To postpone indefnitely. (n) When one of the above motions has been made, none of the others inferior to it in the orrier in which they stand above shall be made; and in proceeding to voee, motions pendang shall be put in the'6rder or" their r*~~dt as above aranged. The first seven (~ are not subject to debate. A motion to postpone to a certain time, refer, amend, or to postpone indefinitely may be amended; the previous question may be demanded before an amendment, which motion shall he decided without debate: A malign to adjaum shat( always be in other provided that business of a nature Co be recorded in the jour- nal has been transacted since any previous motion to adjourn has been defeated. No ora- tion or proposition of a subject different to that uttder consideration shat! ne admitted under color of an amendment. When a matter has been especially assigned to be taken up at a fixed time, or at a certain stage of proceedings, such matter shall, a[ the appointed tame, or at any time subsequent thereto, be in orderupon the call of any member, aril take precedence over all of the business. (o) After a motion is stated or read by the presid- ing officer, it shall be deemed to be in the pos- session of the Council, and shall be disposed of by vote; but the mover may withdraw it at any time before decision or amendment, by consent of the second. I.15.070 Ordinances-Procedure in passing. (a) Every ordinance shall be introduced in wdting and shalt 6e orally read before any vote for passage thereof is taken. After passage an first reading, the ordinance shall be gublished by posting a copy thereof an the Council bulletin board, together with a notice of the time and place when and where it will be given a puhtic hearing and be considered for final passage. The first such publicarion shall be at least five (S) days prior to the time advertised for public hearing. (b). At the time and place so advertised by posting, or at any time and place to which such hearing shall from time to time be adjourned, aIi per- sons interested who appear shall be given an cppca~~u-tity to be heard, Etefore the hearing begins, the ordinance shall be read a second time by title or in full. (c) After such hearing, the Council may finally pass such ordinance with or withotti amend- ments. The vote on final passage shall be by roll call, and the vote shat! be eatered in the journal. (d) No ordinance, except an emergency ordinance oranordinance making, repealing, transferring, or otherwise changing appropriations, may, t5e finally passed an the same day that it is ~intro- dnced: &y unanimous consent of all Council- men present, such ardiaances may be read a second time and then, by the required vote, lie passed, on the same day on which they are introduced. All persons present shall be given 7 29 1.I5.070 an opportunity to be heard before the vote on fmai passage. (e} After final passage, every ordinance shat! be published by posting it in full an the Council bulletin beard... (f) Emergency-ordinances and ordinance making, repealing, transferring, or otherwise changing appropriations, shall go into effect immediately upon passage'unless they specify a Later time. All other ordinances shall go into effect oae month afterpassage and piihIication unless they specify a later time, or unless they are referred to the voG°.rs by the referendum. (g) within a zeasanable time after frnai passage of an ordinance, the City Clerk shall cause it to be recorded and indexed with the other ordinances oPshe City. (KC I-14) 1.15.080 Resolutions. (a) Every resolution shall be introduced in writing and shall be orally read before any vote for passage thereof is taken. {b) On arty vote for passage of a resolution, a[I persons intere,ted who appear shall be given an opportunity to be heard. After such hearing, the Council may finally pass such resolution with or without amendments. 1~<rst reading of arty resolution shalt be Hnal -and ro Furu~er passage shalt be required. After final passage, every resolution shalt be posted in full an the Council bulletin board. Every resolution, uNess it shall specify a later date, shalt become effective upon final passage. (KC 1-15) 1.15:090 Ordinances'and resolutions. Oral reading in full of an ordim~rrice or resolu- tion may be waived by unanimous consent of ail Councilmen present, but in such case the ordinance or resolution shalt be read by title. (KC i,26) 1.15.100 Speaking. (a} A member about to speak shat! respectfully address the Chair, and shalt not commence to speak until recognized by the presiding officer. when two (2} qr more members request to speak at the same time, the presiding officer shall determine which one is recognized.. (b) Every member white speaking shall confine himself to the subject under debate, shah re- frain from personalities, and shall not re€er to any other member of the Council except in a respectful manner. (c} Unless a member who has the floor yields for that purpose, no member shall interrupt another while speaking, except to pmpovnd a parIia- mentary inquiry or make a point of order. (d) No member shall speak more than twice or for more than tan (10) minutes continuously to any one question, except that one ormore addition- al periods of ten (10) minutes may be granted by unanimous consent The reading of papers desired by any member shat! be read by him- seIf or herself or by the City Clerk within the member's tune Iimitation unless permission for the Clerk to read such gaper outside the time Iimikation is utranimousiy granted. (KC 1-i7) 1.15.110 Voting. (a) The presiding ofFaer shalt dcclan=, ail votes; but, if any member doulacs a vote, the presiding officer, without further debate upon the ques- tion, shall request the members voting in the affirmative and negative respectively to indicate by show of hands, and he shall declare the result. (b) Iri al[ meetings of the City Council, die vote shall be taken by yeas and nays on the passage of alt ordinances, resolutions, and authoriza- Lions for the payment of money, and on the passage of any motion, order, or resolution when coifed for by any member of the Council, and such yea and nay vote of each member shall be permanently entered on the record of the proceedings of the Council by the City Clerk, Other voters may be by voice or show of hands. 8 30 ~'~ t\ 1,15.110 ~' ~: {c) No member shalt vote on any question in which he is pecuniarily interested directly or indirectly and in which his vote may be deci- sive, except as herein set forth. Should any member desire to intend to have business dealings with the City whereby he may derive income and benefits other than those provided as remuneration for his official duties, he sha13 Eile with the City Clerk, in such form as the Clerk may prescribe, a statement under oath which shall iaclude the nature of the proposed transaction and the extent of the ia- teresC, direct or induecC, which said officer or employee has in said transaction. The City Clerk shat( publish a copy of such statement in a newspaper of the City qualified by law to publish legal notices if one is published in the City and shall, in addition, post a copy of said statement on the CounciE bulletin board. The cost of said publication shall be borne by the member who desires to enter into the transac- tion, and the City Clerk may require a deposit to insure payment thereof. The Council shall take. no action with regard thereto until at least ten (20} days shall have elapsed after the filing of the statement 6y the member and un- til at least seven {7) days shall have elapsed after the publisling and pes~+ag sf said state- ment as requited 'Herein. (See also Chapter 1.85.) (d) Every member wha shalt be present when a question is put, when he is not disqualified by personal interest, shalt vote, unless the Coun- cil for special reason excuses him. Applica- tions to sa excuse must be made before the vote, and shall be decided without debate. (aj Anything to the contrary in these rules not- withstanding, in all cases where an extraordi- nary majority is not required, and when no matian is before the Council, the Chairman may, is Iieu of calling for or waiting fora mo- tion to be made, put the question is the fot- lawing form: "Without objection, it will be so ordered." If no objection is heard, he shall announce: "Ix is so ordered," which will have the same effect as if a motion to that affect has been made and voted upon favorably. Tf a single objection is reasonably expressed when the question is put, the Chairman shall not proceed further under this rule, but instead shall call for a matioa, which motion shall be handled is the regular manner. (KC I-I8) I.IS.I20 Rules of order. (a} A proposed amendment to, or repeat of, any rule in this chapter shall be submitted in writ- ing as anon-emergency ordinance, and may be passed in the same manner as other non- emergency ordinances. (b) In all matters of parliamentary procedure not covered by these rules, Rohert's Rules of Or- der as revised at the time of the passage of this chapter shalt be applicable and govern. (c) The Council rules shall be observed in all cases unless suspended temporarily fora spa- cial purpose of an emergency nature by a vote of five (5} members present. Any member may moue, at any Lima, for the suspension of any rule, and such motion must be seconded to entitled it to consideration. (d) If any member, in speaking or otherwise, ~~aasgresses the rules of the Council, the pre- siding officer shall, or any member may, call him to order, in which case Che member so called Co order shall immediately cease dis- cussion unless permitted by the presiding of- ficer to explain; and the Council, if appealed to, shall decide the question without debate. If the decision be in favor of the member so called to order, he shaA be at liberty to pro- ceed; if otherwise, he shall not proceed with- out leave of the Council to proceed in order. (KC I-10) I.IS.I30 Telephonic gartlcigation (a} A member of the Council may participate via telephone in a Council meeting, if the m~m- ber declares that circumstances prevent physical attendance at the meeting: If the 9 31 (Kenai Supp. Na.9i,6-07) 1.15.130 Mayor chooses to participate via telephone, the vice-mayor or presidenk pro tempore shalt preside. (b) No more than the farst two (2) members to concoct the Clerk regazding telephonic par- ticipation in a particulaz meeting may partici- pate via telephone at any one (1) meeting. {c) The member shall notify the Clerk and the presiding officer, if reasonably practicable, at least seven (7} days prior to a council meet- ing, but not less than forty-eight (48} hours in advance of a meeting that the member pro- poses to attend by telephone. Such notifica- tion shalt be provided in writing (facsimile and/or electronic transmission included), state whether such telephonic participation is pur- suant to subseotian (n) or (o}, and shall pro- vide the piaysicai address of the location, the telephone number, and any available facsim- ile, email, or other document transmission service. Failure to provide the notification in writing and within the period of time pro- vided herein shall result in the member's ex- cinsion From attendance of a council meeting through telephonic participation. Upon writ- ten notification of Che member(s) wishing to participate telephonically (within the allotted timeframe), the Clerk shall notify ail. council tngmherc qF the ren~ne5t. (d) At the meeting, the Clerk shall establish the telephone connection when the call to order is imminent. (e) A member participating by telephone sha1I be counted as present for purposes of discussion and voting. (f) The member participating by telephone shall make every effort to participate in the entire meeting. Prom time to time during Che meet- ing, the presiding officer shalt confirm the connection. - (g) The member participating by telephone may ask to be recognized by the presiding officer to the same extent as any other member. {h) To the extent reasonably practicable, the Clerk shall provide backup materials to mem- (Amai Supp. No. 9I, Gn7) l~ (i) (i) (k) (m) (n) (a) 32 bets participating by telephone at the mem- ber's expense. if the telephone connection cannot be made or is made and then lost, the meeting shall com- mence or continue as scheduled and the Clerk shall artempt to establish or restore the con- nection. Meeting times shall be expressed in Alaska time regardless of Che time at the location of any member participating by telephone. Participation by telephone shall be allowed far regular, special and work session meetings of the Council. Remarks by members participating by tele- phone shall be transmitted so as to be audible by all members and the public in attendance at the meeting, provided that in executive ses- sion the remarks shall be audible only to those included in the executive session. As used in these rules, "telephone" means any system for synchronous two (2) way voice communication. "Mayor" includes the vice- mayar or any other member serving as presi- dent pro tempore. Each Council member may attend a maxi- mum of two (2) meetings by teleconference during the twelve (12} month period starting November lst of etch ye`r. A Caurcil member :nay attend an additional two (2) meetings by teleconference during a twelve (12) month period starting November 2st of each year if the member declares that he or she is physically unable to attend the meeting due to the need far extended medical care and treatment of the member or mem- ber's immediate family. i , ].1s.13a {p) In this section, "immediate family" means the spouse of the person, another person cohabi- tating with the person in a conjugal relation- ship thae is not a legal marriage, a child {in- cluding astepchild or foster child) of the per- son, aparent, sibling, grandparent, aunt or uncle of the person, or a parent or sibling of the person's spouse. {q) Council members are responsible for any telephone long distance andlor back-up mate- rial transportation charges incurred due to their participation in a meeting via telephone unless they are absent from the community on City business. A Council member is not con- sidered to be on City business merely by at- tendance at a Council meeting via telephone. Telephone long distance andtor back-up ma- terial shipping charges may be deducted from the member's monthly stipend. {Ords.2130-2005,2168-2006,2203-2006) 1~`1 (Kenai Supp. No.91, GC,'n 33 Page 1 of 1 Car®1 Freas From: P. Falkenberg [pet_rainbow@yahoo.com~ Sent: Sunday, September 07, 2008 11:32 AM -,.., Ta: Caro! Freas ~~~~'jA~~ Cn: bob@malfoyforcounciLcom ~~P Subject: Ordinance No 2347-2008 ~. ~ Z~a~ ~~1 ~~~~ Dear Carol: I am planning on attending the Sept. 17, 2008. If so I will testify in favor of ordinance Na 2347-2008. if for some reason I cannot attend I did want my input to be considered. I am 100 percent behind this ordinance. It allows busy peolale an opportunity to be involved in local community government and also give us enough time to peruse the material that would be covered at council meetings. I believe more citizens would testify if they had sufficient time to review the agenda. I think that Councilman Bab Malloy has done an outstanding job drafting this ordinance and look forward to it being passed by city council. Thank you in advance and if you have any questions I can be reached at the following phone number. Patricia (Petria) Fallcenberg Box 3293 Kenai, AK 996 T 1 394-2b46 9~si2oa~ 34 Page I of I Garol Freas Prom: Mark Necessary [marknecessary@gci.net} Sent: Friday,.5eptember 12, 200$ 10:08 AM Yo: Carol Freas Suhject: Ordinance No. 2347-2008 In regard to the above Ordinance, we support its approval. We feel it would be in the best interest for the members ofthe City Council and the general public. This Ordinance would give the Council and public mare time to evaluate and make better decisions on issues that. affect the City. Sincerely, Mark & Anita Necessary 1615 Toyon Way Kenai Alaska cc: Kenai Mayow• and City Council siI?~aoos 35 Page 1 of I Carpi Freas From: Lois Massie [abcl@gci.net] Sent: Friday, September 12, 2008 10:07 AM To: Carol Freas Subject: Please Distribute to City Council Members Td: Kenai City Council Members FRAM: Lois L. Massie ab~1~a genet 283-4457 RE: Ordinance 2347-2008 Dd~TE: 09/11/08 l support Ordinance 2347-2008 which wilt provide a more timeiy publicatian of the council meeting agenda. it will also provide easier access to the agenda. if Kenai residents feel more welcome and batter informed at the meetings, I know that more people will participate in our city government. The ardinance will also provide earlier access to the agenda for council members. when my husband, Mifflassie, .~:a a city council noember, he woaid like to have had this ordinance in effect because he often spent much of Saturday and Sunday carefuB[y reading his packet and then Monday and Tuesday reviewing it. He knew that his being prepared and knowledgeable about council business was vital for being the excellent council member that he was. Please consider making this proposal a reality. 9n2~2oos 36 ~.. ~. ~ 4 `~\ SUBSTITL`TE Suggested by: Council Member Molloy aNa~,~~f.// CITY OF KENAI ORDINANCE NO. 2347-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA; REPEALING THE EXISTING KMC 1.15.040 AND KMC 1.15.050(c) REGARDING PREPARATION, DISTRIBUTIOA' AND PUBLICATTOAr OF THE AGENDA AND REPLACING THEM WITH A NEW SECTION KMC 1.15.040 ENTITLED AGENDA AND PACI{ET - DE~TELOPMENT-PREPARATION-DISTRIBUTION-PUBLYCATION-LATE MATERIALS. WHEREAS, the people of the City of Kenai, exercising the powers of a home rule municipality, established the Charter of the City of Kenai which vested the legislative power of the City in the City Council; and, WHEREAS, KMC 1.15 Rules o4 Order currently establishes the Rules of Order for the execution of the legislation power of the City of Kenai. KMC 1.15 requires a'1 meetings of the Council to be open to the public and; and actions of the Council be taken in public meetings; and provides for an agenda for Council meetings, and for procedures relating to passage of ordinances, resolutions, and motions by the City Council; and, WHEREAS, KMC i,15 currently does not require any notice to the public or publication of the Council meeting agenda, or of a resolution for a Council meeting; and, WHEREAS, presently, the only requirement for notice to the public in KMC 1.15 is notice of the proposes ordinances, and the sole requirement for notice before Council's .final vote is that, after passage on the first reading, the ordinance shall be published by posting a copy thereof on the Council bulletin board, together with the natice of the time and place when and where it will be given a public hearing and be considered far final passage, with the first publication to be at least five (5) days prior to the time advertised for public hearing; and, WHEREAS, while the City of Kenai has practices for publication and notice to the public of the agenda items, it is in the best interest of the City of Kenai to establish written procedures and requirements for notice to the public and publication of the agenda for a Council meeting, and for making available to the public a meeting packet, containing the final agenda, all legislative items, and all supporting documentation for all agenda items, for the Council meeting, sufficiently in advance of the Council meeting in order to facilitate public participation in the City's business at the Council meeling; and, WHEREAS, KMC 1.15 currently has no rules regarding the rights of the Mayor and individual Council members to sponsor an ordinance for introduction or a resolution for adoption, or to request a discussion item for the agenda of a Council meeting, and to obtain the placement of such ordinance, resolution, or discussion item an the agenda of a Council meeting; and, ' New Text Underlined; [DELETED TEXT BRACKETED) 37 Substitute Ordinance No. 2347-2008 Page 2 of 4 WHEREAS, KMC 1.15 currently has no rules regarding requests by members of the public that a matter be placed on the agenda for comment or presentation by a member of the public; and, WHEREAS, while the City of Kenai has practices for preparation, distribution and publication of the agenda for Council meetings, including the processing of ordinances,,resolutions, requests for discussion items, and requests for presentations and comments by members of the public, including placement of such items on the agenda of the Council meeting, it is in the best interest of the City of Kenai to establish regulations, policies and procedures for these matters. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Kenai Municipal. Code is hereby aznended by repealing the existing KMC 1.15.040 and KMC 1.15.050(c) and re-enacting KMC 1.15.040 as follows: SECTION ONE KMC 1.15.040 Agenda is repealed and re-enacted as follows: [THE AGENDA FOR EACH MEETING OF THE CITY COUNCIL SHALL BE PREPARED BY THE CITY CLERK AFTER CONSULTATION 4~nTH THE CITY MANAGER AND THE MAYOR. SUCH AGENDA SHALL BE DISTRIBUTED BY THE CITY CLERK TO EACH MEMBER OF THE COUNCIL AT LEAST TWENTY-FOUR (24) HOURS PRIOR TO THE MEETING, AND NO FURTHER ITEMS SHALL BE ADDED TO THE AGENDA EXCEPT BY MAJORITY VOTE OF THE COUNCILMEN PRESENT AT A MEETING.] i.IS.c'34~ AirElil,'3A AE:i;, rA~K.E.T - r''FgEFAKFiTff3N-D~GTriiei%IviE~i A - Eti~a~iciIiUTIfbPi-~uissi.ic`.A~a-iE3iv-'a,A°~~ 1VLATEi~TAi.S ja) The Mayor or other Council member may sponsor an ordinance for introduction or a resolution for adoption, and such ordinance or resolution shall be placed on the agenda of the reeular Council meetine requested by the sponsor. 1l?l The Mavor ar other Council member may request a discussion item be placed on the agenda of a regular Council meetine, and such discussion item shall be placed on the agenda of the re~nxlar Council meetine requested by the sponsor. Li placed on the agenda of the reeular Council meeting, requested by the City Manaeer. Council. New Text Underlined; (,DELETED TEXT 38 Substitute Ordinance No. 2347-2008 Page 3 of 4 (d~ A member of the public may request that a matter be placed on the the requester, for scheduled public comment or presentation by the requester subiect requester's ability to speak on any other issue{sl during those portions of the meeting the meeting reserved on the agenda for unscheduled public comment public hearings and citizen discussign or as otherwise allowed by the Mayor or other chair during the meeting. jej A sponsor all co-sponsors or a reauester may request that an item be removed from the agenda before the agenda is published as provided in paragraph (al, and such item shall be removed from the agenda unless the item has been carried over or postponed from a previous agenda. by posting to the City's web site and at City Hall with publication to be done no later than five (Sl days prior to the date of the Council meeting and posting to be done no media. The date of the Council meeting shall not be counted for purposes of calculating these deadlines. l~ Once the final agenda is published as provided in~aragraph (g( no item may be removed or added to the agenda except by maiority vote of the Council members present at the meeting. ll A meeting packet, containing the fmal agenda. all legislative items. and The City Cierk shall cause a copy of the meeting packet io be posted on the City's web site and to be prgvided to the Kenai Community Library in order to be made available for public viewing, by 5:00 p.m. six (5) days prior to the date of the New Tent Un.derGned; [DELETED TEXT BRACKETED] 39 City Manager, before finalization. mail, fax or.courier service, Fax or courier service is only available for recipients who will be out of the Citv of Kenai during the week preceding a Council meeting Substitute Ordinance No. 2347-2008 Page 4 of 4 ____ upon request, by 5:00 p.m. five {5j_days prior to the date of the Council meetine At least one paper copv of the meeting packet shall be made available to the public at the meetine. ll submitted too Iate to be included in the meeting packet shall not be considered by to add such late materials to the agenda item at the meeting The city clerk shall provide paper copies of such late material to the Council and shall make paper copies of such late materials available to the public at the meeting. The City Clerk also shall provide to Council, and make available to the public at the meeting paper copies of written public comments on agenda items that are submitted too late to be included in the meeting packet. ,{~ The Administration may develop policies and procedures to implement this section, subiect to the review and approval of Council KMC 1.15.050 (c) Order of Business, is repealed. [(C) THE COUNCIL'S AGENDA MAY BE PREPARED BY AN APPROPRIATE ADMINISTRATIVE OFFICER AND WHEN SO PREPARED SHALL CONSTITUTE THE AGENDA FOR THAfi MEETING. AGEl\TDA FOR SPECIAL MEETINGS WILL USUALLY NOT INCLUDE AS MANY SUBJECTS AS AGENDA FOR REGULAR MEETINGS.] PASSED BY Tl'IE COLTPdCIL OF THE Cii`i OF KENAI, ALASKA, this I7th day of September, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk introduced: September 3, 2008 Adopted: September 17, 2008 Effective: October 17, 2008 New Text Unfleslined; [DELETED TEXT 40 Submitted by Council Member Molloy Ordinance No. 2347-2008 insert KMC 1.1.040 Agenda is repealed and re-enacted as follows: L15.040 ,4genda and Pac&et -Development -Preparation -Distribution - Publication- Late Ivlaterials. (a) The Mayor or other Council member may sponsor ail ordinance for introduction cr a resolution for adoption, and such ordinance or resolution shall be placed on the agenda of the regular Council meeting requested by the sponsar. (b) The Mayor or other Council member may request a discussion item be placed on the agenda of a regular Council meeting, and such discussion item shall be placed on the agenda of the regular Council meeting requested. by the sponsor. (c) Far Administration, the City Manager may propose an ordinance for introduction or a resolution for adoption, and such ordinance or resolution shall be placed on the agen4la of the regular Council meeting, requested by the City Manager. For Administration, the City Manager may request that a matter be placed on the agenda of a regular Council meeting as an item for discussion, review or actfion by Council [A DISCUSSION ITEM]. (d.) A member of the public may request regular Council meeting for comment or presentation, of the regular Council meeting requested or agree comment or presentation by the requester, subject paragraph (I} below. 13ePng placed on the scheduled '. Limit nr rech^irt the ranren.etPr'c nhili/v fn rnonTr nn nn that a matter be placed. on the agenda of a and the matter shall be placed on the agenda d to by the requester, for scheduled public to policies and procedures adopted under meeting reserved on the agenda for unscheduled iaublie comment public hearings and citizen discussion. A member o the ublic may comment or testi durin those onions o the meeCin reserved on the agenda far unscheduled taubtic comment puhtic hearings and citizen discussion or as otherwise alloNred by the Mayor or oilier chair during the nzeeCin2. {e) A sponsor, all co-sponsors, or a requester may request that asi item be removed from the agenda, before the agenda is published as provided in paragraph (g), and such item shall be removed from the agenda, unIass the item has been carried over or postponed from a previous agenda. {fj The City Clerk shall prepare the agenda for each Council meeting, after consultation with the Mayor and City Manager, subject to paragraphs (a) through (e). A drafrt agenda shall be circulated to the Mayor and other Council members, and the City Manager, before finalization. (g) Notic:a of the date, time, place, and final agenda for each Council meeting shall be given to the public by publication in a newspaper of general circulation and by posting to the City's web site and at City Hall, with publication to be done no latex than rve (5 [SLY (b}j days prior to the date of the Council meeting, and posting to be done no later than 5:00 p.m. six f6 [SEVEN (7}) days prior to Elie date of the Council meeting. In addition, notice of the date, time and place of each Council meeting may be given by broadcast media. 'The date of the Council meeting shall not be counted for purposes of calculating these deadlines. .~. 41 fiubmitted by Council Member Molloy Ordinance No. 2347-2008 insert (h) Once the final agenda is published as provided in paragraph (g), no item may be removed or added to the agenda except by majority vote of the Council members present at the meeting. (i) A meeting packet, containing the final agenda, all legislative items, and all supporting documentation for all agenda items, shall be distributed to the Mayer, other Council members, and the City Manager, by no later than 5:00 p.m. six (6' [SEVEN] days prior to the date of the Council meeting. Distribution shall be by mail, unless the recipient opts for another method of distribution, such as personal pick up, electronic mail, fax or courier service. Fax or courier service is only available for recipients who will be out of the City of Kenai during the week preceding a C,auncil meeting. (j) The City Clerk. shall cause a copy of the meeting packet to be posted. on the City's web site and to be provided to the Kenai Community Library, in order to be made available for public viewing, by 5:00 p.m. six 6 [SEVEN (7}] days prier to the date of the Council meeting. The City Cleric shall cause a paper copy or electronic copy of the meeting packet to be provided to any member of the public, or to any organization, upon request, by 5:00 p.m. eve (S [SIX (6)] days prior to the date of the Council meeting. At feast one paper copy of the meeting packet shall be made available to the public at fke n'ieeting. (k) Except for written public comment on agenda items, and. emergency agenda item materials, any written material related to an agenda item that is submitted too late to be included in the meeting packet shall not be considered by Council members, unless such Iate materials are submitted to the City Cleric no later than 12:00 p.m. the day before the meeting, and unless the Council affirmatively votes to add such late materials to the agenda item at the meeting. The city clerk shall provide paper copies of such late material to the Council, and shall make paper copies of such late materials available to the public at the meeting. The City Clerk also shall provide to Council, and make available to the public at the meeting, paper copies of written public comments on agenda items that are submitted too late to be included in the meeting packet. (1) The Administration may develop policies and procedures to implement this section, subject to the review and approval. of Council. 2. KMC 11 x.050 ®rder of Business, pagagraph (c) is repealed. -z- 42 ~"4~- ~ TO: Mayor, Council Members, & Administration FROM: Bob Molloy DATl1: ogio9iQg ~~~ SUSJECT: Summary of Proposed Cade Changes Substitute Ordinance 2347-2008 This memo provides a summary of the proposed Code changes {other than the proposed changes in the ordinance's title) in Substitute Ordinance 2349-2008. The text in italicized, bold print, was not in the previous memo. The proposed Code changes relate to the development, preparation, distribution, and publication of the agenda for City Council meetings, and also address late materials. The proposed Code changes do not affect the conduct of the Council meeting itself or any parliamentary procedures at the meeting. A. Development and Preparation of Agenda. The first sentence of the existing KMC 1.15.046 is: "The agenda for each meeting on tha City Council. shall be prepaxed by the Ctty Clerk after consultafion with the City Manager and tha Mayor." Z. The first sentence of proposed new KMC 1.15.040(f) states: "(f. The City Clerk shall prepar® fh® agenda for each Council meeting, after consultation with the Mayor and City Manager, subject to paragraphs /a) through (e}." (Emphasis supplied}. The "subject to" phrase is the proposed substantive change. The intent is that paragraphs {a) through (e) are Rules of Order to be followed in the preparation of the agenda for each Council meeting, 2. New Rules o£ Order paragraphs fa) and (b). While the Council as a whole executes the legislative power by a majority of 4 votes at the Council meeting, pazagraphs (a) and (b) clarify that 4 votes are not required for the initial placement an thie agenda of an individually sponsored legislative or policy discussion item. Paragraphs (aj and (b) establish in written Code the Mayor's and the individual Council member's right, as legislators, to sponsor a legislative or policy discussion item, and to obtain placement of their sponsored item on the agenda of the Council meeting requested by the sponsor. The "Council meeting reouested by the sponsor° could be the neat Counail meeting or a later Council meeting agreed to by the sponsor with the i 43 Mayor and City Manager, given other business already scheduled, time sensitive nature, or other considerations. 3. New Rule of Order pazagraph (c). The City's Charter, Section 3-2(6), provides that the City Manager may matte racommendafions on matters of policy and other matters to the Council. Under the City's practice, the City Manager may propose an ordinance for introduction or a resolution for adoption, or request that a an item for discussion, review or action by Courzcit be on the agenda. Paragraph (c) establishes this practice in written Code. This new Zanguage is intended to clarify any confusion caused by the earner draft's Zack of reference to review and action items. There was no intent to exclude items from the agenda. 4. New Rule of Order paragraph (d). Paragraph (d} has been re-written based on comments received; the new language is underlined. Paragraph (d) is directed at the "Persons Scheduled to Be Heard" portion of the agenda for scheduled comment or presentation by members of the publre. The intent of paragraph (d) is to establish in Code what is basically the City's current practice for scheduled public comment or presentation. It is my understanding that the City Administration utilizes unwritten pra.etices for processing such requests by members of the public, including screening for subjects exempt from public comment such as pending personnel matters, etc. The intent of the ending phrase "subject to policies and procedures adopted under paragraph (ll below" is that Administration will create written policies and procedures for processing such requests by members of the public, to be reviewed and approved by Council. The intent is that the pubfic's right to free political speech on City business matters will be balanced with reasonable restrictions that will now be in written poficy and procedure available for public notice and review (if this proposed change is adopted by Council}, instead of being handled under the Adminisiration's unwritten practices, Comments were received about the earner draft's Zack of reference to other opportunity for public comment on the agenda. There was no intent to exclude such other opportunity for public comment from the agenda far a meeting. The followirzg Zanguage has been added to Clarify this intent: "Being placed on Elie scheduled public comment portion of the agenda ,does net limit or restrict the requester's ability to speak on any other issue(s) during those portions of the meeting reserved on the agenda for unscheduled public comment, public hearings, and citizen discussion. A member of the public may comment or testify during -z- 44 (hose portions of fhe meeting reserved an fhe agenda for unscheduled pubfic comment, pubfic hearings and cltiaen discussion, or as otherwise allowed by fhe Mayor or other chair of fhe meefing." 5. New Rule of Order paragraph (e). Paragraph (e) establishes that the Mayor or Council member who is a sponsor of an ordinance, resolution, or discussion item, or all co-sponsors of such items, may request that such an item be removed tram the agenda, before the agenda is published, and such item shall be removed from the agenda, unless the item has been carried over or postponed from a previous agenda. The intent of Paragraph (e) also is to establish that a requester may do the sarne, and have their item removed from the agenda, unless the item has been carried over or postponed from a previous agenda. Requesters include (1) the City Manager for Administration-requested ordinances, resolutions, and discussion, review or action items, and (2) a member of the public for the requested scheduled comment or presentation by that person or their organization. B. Distribution of Agenda. The first part of the second sentence of the existing KMC l.iS.040 is: "Such agenda shall be distributed by the City Clerk to each. member of the Council at least twenty-four (24} hours prior to the meeting ... " 1. The second sentence of proposed new KMC L1S.040(f) states: A draft agenda shaft be circulated to the Mayor and other Council members, and the City Manager, before $nali~ation." .The intent of this substantive addition is to provide earlier notice to Council members of tentative agenda items so as to allow Council members the opportunity to see if their sponsored items are on the agenda and to communicate with the Mayor and Administration if their sponsored items are omitted from the tentative agenda, or if they want to either postpone their item to a future agenda or remove their item from the agenda (if not held over from a previous agenda, such as already postponed or tabled items). 2. New paragraph (i) provides that the meeting packet, containing the agenda etc., shall be distributed to the Mayor, other Council members and the City Manager at least six (6)days prior to the meeting, instead of the one (1) day in current Code. fihis would: be on Thursday far a regular Council meeting scheduled for the following Wednesday. 3. New paragraph (i) also provides that this distribution would be by mail, unless the recipient opts for personal pick up or electronic mail, - 3- 45 with Fax or courier service "only available for recipients wha will be out of the City of Kenai during the week preceding a Council meeting." C. Publication jaud Yeostingj of ~.genda There is currently no Code requirement for publication or posting of the agenda. 1. It is my understanding that the City's current practice for publication is publication in the newspaper on Mondays far a Wednesday Council meeting, so there is notice published only two (2) days before the meeting date. New paragraph (g) would require publication of the agenda five (SJ days in advance, i.e., on the Friday before the next Wednesday Council meeting. 2. It is my understanding that the City's current practice for posting to the City's web site is five {5) days in advance of the meeting date, i. e. by 5:00 PM on the Friday before the next Wednesday Council meeting, Paragraph (g) would require posting of the agenda (to the web site and at City Hall) six (6j days in advance, i.e., on the Thursday before the next Wednesday Council meeting. D. Distribution of Meeting Facket. There is currently no Code requirement for other distribution of the meeting packet, including agenda and supporting materials, to members of the public, or for providing for any other public access. 1. It is my understanding that the City's current practice is to post a copy of the meeting packet to the City's web site five (5) days in advance, i. e. by 5:00 PM on the Friday before the next Wednesday Council meeting. New paragraph !}) would require that the meeting packet be posted to the City's web site, and also be provided to the Kenai Community Library, in order to be made available for public viewing, by 5:00 p.m. six (6j'days prior to the date of the Council meeting, i.e., an the Thursday preceding the next Wednesday Council meeting, 2, it is my understanding that the City's current practice is to provide paper copy of the meeting packet etc. to any member of the public, or to any organization, upon request, two {2) days in advance of the meeting date, i. e. on Mondays for a Wednesday meeting, New paragraph (j) would require that a paper copy or an electronic copy of the meeting packet be provided. to any member of the public, or to any organization, upon request, by 5:00 p.m. five (5) days prior to the date of the Council meeting, i.e. on the Friday before the next Wednesday Council meeting. 3. New paragraph U) would also require that at least one paper ~ copy of the meeting packet be made available to the public. at the meeting. _ This could be done in the form of a 3-ring binder similar to the Council's binders. This binder could be shared by members of the public at the meeting. -4- ~ 46 E. Late Matergals. The last part of the second sentence of the existing KMC 1.15.040 is: " ..and no further items shall be added to the agenda except by majority vote of the Counciltnen present at a meeting." 1, The proposal made in new paragraph (h} is that once the final agenda is published, no item may be "removed or added" to the agenda. except by majority vote of tine Council members present at the meeting. 2. Tn addition, the subject of proposed new section (lc) is late materials that become "lay downs." The proposed deadline is Noon the day before the Council meeting, except for written public comment on agenda items and emergency agenda item materials, unless the Council affirmatively vates to add such late materials to the agenda at the meeting, At tike meeting, tike Council can always vote to acid very late mater-lals to the agenda. F. The proposed change made in paragraph (i) is that "The Administration may develop policies and procedures to implement this section, subject to the review and approval of Council." G. Repeat of KMC 1.16.O501cl. 1. The existing KMC 1.15.050(c) appears to conflict with KMC 1.15.040 in that paragraph (c) states in part that "Phe CounciPs agenda may be prepared by an appropriate administrative officer" while KMC .15.040 states that "The agenda shall be prepared by the ity Clerk after consultatior. v,:tlh the City Manager and u'ae Mayor." A repeal of of KMC 1.15.050(c) eliminates this conflict. -5- 47 1.15.010 f Chapter 1,15 numbers; and the president pro tempore shall exercise all powers of Chairman during temporary absence or disability of the Mayor and Vice Mayor, and may vote on questions before the Council. (KC 1-8) RULES OF ORDER Sections: 1.1.5.010 Presiding offficer. 1.15.020 City Clerk- I.P5.030 Public meetings. 1.15.040 Agenda. 1.25.050 Order of business. 1,15A6D Motions. 115.070 Ordinances-Procedure in passing. 1.15.080 Resolutions. 1.15.090 Ordinances and resolutions. 115.100 Speaking. 1.15.116 Voting. 1.15.120 Rules of order. 1.1513D Telephonic participation. 1.15.010 Presiding officer. (a) The Mayor shall preside at all meetings of the Council. He shalt preserve order and decorum among the Council Members and is responsible for conduct of all meetings in compIiattce with these rules. He may, at any time, take such reasonable action as he deems proper to p.-eserve ordec amang the spectators in tabe Council Chae7wcr during sessions of the Council. He may speak to points of order in preference to other members, and shall decide all points of order, subject to appeal to the Council by motion duly seconded as herein provided. He may participate in the debate on any matter. He may, at anytime, tail any member to the Chair during any meeting, such substitution to disconfinuo when he elects to resume the Chair, and in no event beyond adjournment of the meeting at which such substitution is made. (b) In the temporary absence or disability of the Mayor and Vice Mayor, any member of the City Council may call the CaunciI to order at any rogular or duly tailed special meeting to elect a president pro tempore from amang its 5 48 1.15.02D City Clerk, {KC 1-9, Repealed Ord. 794) 1.15.030 Public meetings. All meetings of the Council shad be open to the public, and all actions of the Council shall be taken in public meetings. However, the members of the Council sitting as the committee of the whole and any other committee of the Council may hold private meetings, as provided by the City Charter, Section 2-6, The Council, by a vote of five (S) members, may resolve itself into private committee of the whole by adapting a motion that the Council resolve itaolf into private committee of the whole; and the Mayor or any four (4) Councilmen may call a meeting of the private committee of the whole when the Council is not ir, session. (KC 1- 10) 1.15.040 Agenda. The agenda for each rneeting of the City Council shall be prepared by the City Clerk after consultation with Che City Manager and the Mayor. Such agenda shall be distributed by the City Clerk to each member of the Council at least twenty-four (24) hours prior to the meeting, and no further items shall be added to the agenda except by majority vote of the Councilmen present at a meeting. (KC 1-11; Ord. 7S5) 1.15.050 Order of business. (a} The order of business for every regulaz meeting of the City Council may be outlined on an agenda deemed to be most effective for regular Council meetings. The order of business may be specified by a written agenda or calendar or other customary designation for scheduling of the order of business. (Keno Stipp, No. 86, 12-05j 1.15.050 {b) A guide for the CounciPs agenda, but not a preference to other members, and shall decide ;` ' mandatory format for the order of business, all such questions, subject to appeal to the can be as follows: Council by motion duly seconded; and no ("t) Roll Call: Agenda approval, consent other business shall be in order unt31 the agenda; question on appeal has been decided. (Z} Public Hearing (far ordinances or (o) When the previous question is moved b an programs as announced); y y member, all debate on the main questian shall {3) Persons Scheduled to be Heard; be suspended immediately and the presiding (4) Correspondence (reading verbatim not officer shalt put the question to the following required if copies distributed To the form: "The previous questian is moved on entire Council ; ) (specifying the motion on which the previous (5} Old Business; question is demanded). As many as are in (6) New Business; favor of ordering the previous question will (7) Reports; so indicate." If four {4) members vote (8) Persons Present but not Scheduled to be affirmafiveiy, the affirmative has it, the Heard. previous question is ordered, and the (c) The Council's agenda may be prepazed by an Chaittnan will proceed immediately to put to appropriate administrative officer and vrhen a vote the question on which the previous so prepared shall constitute the agenda for question was ordered. Ff less than four (4) that meeting. Agenda. for special meetings members so indicate, the negative has it, the wilt usually not include as many subjects as motion is lost, and the question reverts to the agenda for regular meetings. immediately pending question, which is again (KC 1-12; Ards. 212, 9i3) open to debate and amendment as i£ the previous quesfion has not been demanded. 1.15.060 Motions. (f) Tiie presiding officer shall put alt questions in (a} A motion to amend an amendment shall be in the order in which they are moved unless a order, but a motion to amend an amendment subsequent motion shall be previous in its Eo an amendment shat! nct be erte~~aiued. nature, except in naming sums Rnd fixSng {b) No appeal from any decision of the presiding times, the largest sum and the longest time officer shall be entertained unless it is shall be put first. seconded, attd no other business shall be in (g) When a vote has been taken, any member order until the questian on appeal has been who voted on the prevailing side may move a decided. The question on appeal is not reconsideration thereof at the same meeting debatable and shall be put as follows: "Shall or at the next succeeding meeting whenever the decision of the Chair stand as the motions are in order, provided that the subject judgment of the Council?" It shall be deemed matter has not passed out of the control of the to be decided in the affumative unless a Council. majority of dre votes given are to the (h} A motion to reconsider requires four (4) (e) contrary, An b votes; if such motion thus prevails, the y mem er may make a parIiatnentary subject shall be open to debate and inquiry of the Chairman at any time during amendment in the same manner as the the meeting, original question. Debate on motions to (d) Any member may make a point of order reconsider shall be limited to twenty-five {25) without a second at any time. The presiding minutes, and no member shall speak more officer may speak to points of order in ( ' (Xenei Stipp. Nn. 86, 12-05) 49 1.15.060 minutes) if afforded for compliance with this rule. {j} Any previous vote maybe rescinded by vote of four {4) members of t'te Council at any time, provided the subject matter has not passed out of the cahtrol of the Council. (k} Ali motions shall require a second, unless otherwise provided. {I} Any member may require t(ze division of a question when the sense of it wi[i admit. (m) 6Vhen a question is under debate, the presiding officer shah receive any of the following mo- tions but no other: (I) To adjourn; (2} To recess; (3) To raise a question of privilege; {4) To colt for the order of the. day, dr the regular order, (5) To lay on Che table; (6) For the previous question; (7} To limit or extend limits of debate; (S) To postpone to a certain time; (9) To refer, (10) To postgane indefinitely. (n) When one of the above motions has been made, none of the ethers inferior to it in the order in which they stand above shall be made; and in proceeding to vote, motions pending shall be pier s the ttrderof their rank as above arranged. The first seven (7) are not subject to debate. A motion to postpone to a certain dme, refer, amend, or to postpone indefuutely may be amended; the previous question may be demanded before an amendment, which motion shah be decided without debate. A motion to adjourn shat] always be in other provided that business of a nature Co be recorded in the jour- nal has been transacted since any previous utotion to adjourn has been defeated. No mo- tion or proposition of a subject different to that under consideration shad be admitted under color of an amendment. When a matter has been especially assigned to be taken up at a fixed time, or at a certain stage of proceedings, such matter shall, at the appointed flme, or at any time subsequene thereto, be in order upon the call of any member, and take precedence over ail of the business. (o) After a motion is stated or read by the presid- ing officer, it shalt be deemed to be in the pos- session of the Council, and shall be disposed of by vale, but the mover may withdraw it at any time before decision. or amendment, ny consent of the second. {KC 1-13; Ord. 556) a.zs.a~a Ordinances-Procedure in passing. (a) Every ordinance shalt be introduced in writing and shall be orally read before any vote for passage thereof is taken. After passage on first reading, the ordinance shall be published by posting a copy thereof on the Council bulletin board, together with a notice of the time and place when and where it will be given a public hearing and be considered for final passage, The first such publication shall be at least five (S) days prior to the time advertised for public hearing. {b). At the time and place so advertised by posting, or at any time and pace to which such hearing shall from time to time be adjourned, alt per- sons interested who appear shalt be given an opppmmity to be heard. Before the hearing begins, the ordinance shall be read a second time by title or in full. (c) After such hearing, the Council may finally pass such ordinance with or without amend- ments. The vote on final passage sha[I be by mll call, and the vote shall be entered in the journal. (d) No ordinance, except an emergency ordinance oranordinance making, repealing, transferring, or otherwise changing appropriations, may be fmaLly passed on the same day that it is intro- duead. By unanimous consent of alt Council- men present, such ordinances may be read a second time and then, by the required vote, be passed, an the same day on which they are innoduced, Atl persons present shat! be given 7 50 1.15.070 an opportunity to be heard before the vote on final passage. (e) After final passage, every ordinance shall be published by pasting it in full on the Council bulletin board. (f) Emergency ordinances and ordinance making, repeating, transferring, or otherwise changing appropriations, shat) go into effect immediafcCy upon passage unless they specify a later time. Alt other ordinances shalt go into effect one month after passage and publication uNess they specify a latet time, or unless they are referred to the voters by the referendum. (g) Within a reasonable tune after final passage of an ordinance, the Ciry Clerk shall cause it to be recorded and indexed with the other ordinances of the City. (KC 1-14} 1.15.080 Resafutions. (a) Every resolution shall be introduced in writing and shall be orally read before any vote for passage thereof is taken. (b} On any vote for passage of a resolution, alt persons interested who appear shall be given an opportunity to be heard. After such hearing, the Council may fmally pass such resolution with or without amendments. First reading of any resolution shat! be final and ra fttnher passage shalt be required. After fine[ passage, every resolution shall ba posted in full on the Council bulletin board. Every resolution, uNess it shall specify a later date, shall become effective upon final passage. (KC 1-IS) 1.15:090 Ordinances and resolutions. Oral reading in full of an ordinance or resolu- tion may be waived by unanimous consent of ail Counoilmen present, but in such case the ordinance or resolution shalt be read by title. (KC 1-16} 1.15.100 Speaking, (a) A member about Co speak shall respectfully 8 address the Chair, and shall not commence to speak until recognized by trte presiding officer. When two (2) or more members request to speak at the same time, the presiding officer shall determine which one is recognized. {b) Every member while speaking shall confine himself to Ute subject under debate, shall re- frain from personalities, and shall not refer to any other member of the Council except in a respectful manner. (c) 'Unless a member who has the floor yields for thatpurpose, no member shall interrupt another while speaking, except to propound a parlia- mentary inquiry or make a point of order. {d) No member shall speak more than twice or for more than ten (10) minutes conflnuously to any one question, except that one or more addition- al periods of ten (10) minutes may be granted by unanimous consent. The reading of papers desired by any member shall be read by him- self or herself or by the City Clerk within the member's time timitafion unless permission for the Clerk to read such paper outside the time limitation is unanimously granted. (KC 2-i7) 1.15.110 Voting. (a) The presiding officer shalt declare al! votes; but, if any member doubts a vote, the presiding officer, without further debate upon the ques- tion, shall request the members voting in the affirmative and negative respecflvety to indicate by show of hands, and he shall declare the result. (b) lrt alt meetings of the City Council, the vote shall be taken by yeas and nays on the passage of atC ordinances, resolutions, and authoriza- tions for the payment of money, and on the passage of any motion, order, or resolution when called for ny any. member of the Council, and such yea and nay vote of each member shall be permanently entered oa the record of the proceedings of the Council by the City Clerk. Other voters may be by voice or show of hands. 51 1.15.110 ;' (c) (d) (e) No member shall vote on any question in which he is pecuniarily interested directly or indirectly and in which his vote may be deci- sive, except as herein set forth. Should any member desire Co intend to have business dealings with the City whereby he may derive income and benefits other than these provided as remuneraHoa for his official duties, he shall file with the City Clerk, in such form as the Clerk may prescribe, a statement under oath which shall include the nature of the proposed transaction and the extent of the in- terest, direct or indirect, which said officer or employee has in said transaction. The City Clerk shall publish a copy of such statement in a newspaper of the City qualified by taw to publish legal notices if one is published in the City and shall, in addition, past a copy of said statemenC on the Council bulletin board. The cost of said publication shall be borne by the member who desires to enter into the transac- tion, and the City Clerk may require a deposit to insure payment thereof. The Council shall take. no action with regard thereto until at least ten (10) days shall have elapsed after the frhng of the statement by the member and un- til at least seven (7} days shall have elapsed after the publishing aad posting of said state- rnent as required 'Herein. (See also Chapter 1.$5.} Every member who shall be present when a question is put, when he is not disqualified by personal interest, shat! vote, unless the Coun- cil for special reason excuses him. Applica- tlans to so excuse must be made before the vote, and shall be decided without debate. Anything to the contrary in these rules not- withstanding, in aIl cases where an extraordi- nary majority is not required, and when no motion is before the Council, the Chairman may, in lieu of calling for or waiting fora mo- tion to be made, put the question in the fol- lowing form "Without objection, it will be so ordered." If no objection is heard, he shall announce; "It is so ordered," which will have the same effect as if a motion to that effect has been made and voted upon favorably. If a single objection is reasonably expressed when the question is put, the Chairman shalt not proceed further under this rote, but instead shall call for a motion, which motion shall be handled in the regular manner. (RC I-18) 1.15.120 liules of order. (a) A proposed amendment ta, or repeal of, any rule in this chapter shall be submitted in writ- ing as anon-emergency ordinance, and may be passed in the same manner as other non- emergency ordinances. (b) In all matters of parliamentary procedure not covered By these rules, Robert's Rules of Qr- der as revised at the time of the passage of this chapter shall be applicable and govern. (c) The Council rules shall be observed in all cases unless suspended Cemporarily fora spe- cial purpose of an emergency nature by a vote of five (5) members present. Any member may move, at arty time, for the suspension of any rule, and such motion must be seconded to entitled it to consideration. {d) If any member, in speaking or otherwise, transgresses the rules of the Council, the pr. siding officer shalt, or any member may, call him to order; in which case the member so called to order shall immediately cease dis- cussion unless permitted by the presiding of- ficer to explain; aad the Council, if appealed to, shall decide the question without debate. If the decision be in favor of the member so called to order, he shall. be at liberty to pro- ceed; if otherwise, he shall not proceed with- outleave of the Council to proceed in order. (KC 1-19) 9 52 1.15.130 Telephonic participation. (a) A member of the Counci! may participate via telephone in a Council meeting, if the mem- ber declares shah circumstances prevent physical attendance at the meeting. If the (Kenai Supp. No. 4(, 60'7) 1.15.130 Mayor chooses to participate via telephone, the vice-mayor or president pro tempore shall preside, (b} No more than the first two (2) members to contact the Clark regarding telephonic par- ticipation in a particular meeting may partici- pate via telephone ae any one (1) meeting. (c) The member shall notify the Clerk and the presiding officer, if reasonably practicable, at Least seven (7) days prior to a council melt- ing, but not less than forty-eight (48) hours in advance of a meeting that the member pro- poses to attend by telephone. Such notifica- tion shall be provided in writing (facsimile and/or electronic transmission included), state whether such telephonic participation is pur- suant to subsection (n) or (o), and shall pro- vide the physical address of the location, the telephone number, and any available facsim- ite, email, or other document transmission service. Failure to provide Che notification in writing and within the period of time pro- vided herein shall result in the member's ex- aIusion from attendance of a council meeting through telephonic participation. upon writ- ien notification of the members} wishing to participate telephonically (within the aIIotted timeframe), the Clerk shall notify all council members oi'the request. (d) At the meeting, the Clark shall esCablish the telephone connection when the catl to order is imminent. (e) A member participating by telephone shall be counted as present for purposes of discussion and voting. {f) The member participating by telephone shalt make every effort to participate in the entire meeting. From Cime to time daring the meet- ing, the presiding officer shall confirm the connection. (g) The member participating by telephone may ask to be recognized by the presiding officer to the same extent as any other member. (ti) To the extent reasonably practicable, the Clerkshall provide backup materials to mem- (Keoat Supp. NO.9i.607j l~ (i) (j} (k} (1) (m) (n} (o) 53 bars participating by telephone at the mem- ~ -: ber's expense. ~,:; If the telephone connection cannot be made or is made and then tost, the meeting shall com- mence or continue as scheduled and the Clerk shall aetempt to establish of restore the con- nection. Meeting times shall be expressed in Alaska time regardless of the time at the locaion of any member participating by telephone. Farticipafion by telephone shall be allowed for regular, special and work session meetings of the Council. Remarks by members participating by tele- phone shall be transmitted so as Co be audible by all members and the public in attendance at the meeting, provided that in executive ses- sion the remarks shah be audible only to those included in the executSve session. As used in these rules, "telephone" means any system for synchronous two (2) way voice communication. "Mayor" includes the vice- mayor or any other member serving as presi- dent pro tempore. Each Council member may attend a maxi- mum of two (2) meetings by teleconference during the twelve (12) month period starting NGVB~TiuE'r iSt Of each veer, A Council member may attend an additional two (2) meetings by teleconference during a twelve (t2) month period starting November tst of each year if the member declares that he or she is physically unable to attend the meeting due to the need for extended medical care and treatment of the member or mem- ber's immediate family. 1.15.130 (p) In this section, "immediate family" means the spouse 'of the parson, another person nohabi- tating with the person in a conjugal relation- ship that is not a legal marriage, a child (in- chiding a stepchiid or foster child} of the per- ~ son, a parent, sibling, grandparent, aunt or uncle of the person, or a parent or sibling o€ g the person's spouse. t (q) Council members ace responsible for any telephone long distance and/or back-up mate- il, rial transportation charges incurred due to their participation in a meeting via telephone unless they are absent EYom the community on ~~? City business. A Counci] member is not con- 1 I! sidered to be on City business merely by at- V tendance at a Council meeting via telephone. Telephone long distance and7ar back-up ma- ~i; terial shipping charges may be deducted from the member's monthly stipend. (Ords. 2130-2005, 2168-2006, 2203-2006) I 10-1 (Kenn Supp No. 94 60n 54 I ~~~~ _ ~- -. thecityof ~~!/i~laye wit~i a Past Gity wit~i a Fr~t~r°e" 210 Fidalgo Avenue, Kenai, Alaska 99811-7794 [ Telephone: 907-283-75351 FAX, 907-283-3014 ll~~~f 1591 MEMO: TO: City Council FROM: Rick Koch ' DATE: September 11, 2008 SUBJECT: Ordinance 2347-2008 The purpose of this correspondence is to state the administration does not support ordinance 2347-?008. The administration has concerns about the majority of the proposed changes to KMC 1..15.040. While the administration is supportive of the several components of ordinance ?347-2008, which clarify the existing process, we feel those clarifications are best addressed as a matter of policy. Administration's concerns about this ordinance are rooted in tcvo areas; the first, compressing the time available for administration to work on items for a cotmcil meeting; and second, the process would become more administrafivelylntense. In respect to the administrative changes, administration's lack of support partially stems from the old adage "if it's not broke why fix it". I have not received any negative comments from the public regarding the process and timelines currently used. Timelines I have attached a spreadsheet identifying the tasks and schedule under the present process for preparing an agenda, public advertising, and packet distribution. Under the existing code, following the first meeting of the month, there are three working days prior to a staff meeting with the manager to discuss the drafC Council meeting agenda. As-Is this is not a great deal of time to respond. to and/or research items far which the Council may have questions. 55 The timeline as dictated by ordinance 2347-2008 would give staff and the manager one working day to prepare information and materials prior to a meeting to discuss the draft agenda. One day is insufficient time and would result in the administration being unable to respond to Council requests for additional information "at the nex# meeting". Any Council request for information would be answered at the second meeting (month minimum) following when the request was made. Administrative Provisions As previously stated, under the present cads, I am unaware of any complaints from the public regarding the process employed by the administration and council in establishing an agenda, providing public notification, public access to council, and inclusion of informational materials in the council packet. Below, I will briefly discuss each of the sections of the proposed chaziges to the code: 1.1.5.040(a) -This is the manner in which the process works already. It is not specifically identified in the code. If council determines that written direction is Headed, administration suggests this be included in a written policy adopted by the Comicil. 1.15.040(b) - This is the manner in which the process works aheady. It is not specifically identified in the code, If council determines that written direction is needed, administration suggests this be included in a written policy adapted by the Council. L15.040(c) -This is the manner in which the process works already. It is not specifically identified in the code, If council determines that written direction is needed, administration suggests this be included in a written policy adopted by the Council. 1.15.040(d} -The public already has inree opporttmities at each cc,atciI meeting to address the Council. If they have presentation materials they can be scheduled under persons to be heard and have their materials included in the council packet. If the council determines that written direction is needed to define what matters are appropriate to come before the council administration suggests this be included in a written policy adopted by the council. 1.15.040(e} -This is the manner in which the process works already. It is not specifically identified in the code. If council determines that written direction is needed, administration suggests this be included in a written policy adopted by the Council. 1.15.040(f} -Draft agendas can be distributed to the Council at the same time they are distributed to staff. This would be accomplished by e-mail, and would require no additional effort on the part of the clerk or administration We could have done this already if we knew a councilors} desired this information. Tf council determines that written direction is needed, administration suggests this be included in a written policy adopted by the Comleil. 56 1.15.640(8) - Proposed timeline is problematic, it inhibits administrations ability to prepare for the council meeting, and to be responsive to council requests for information in a timely manner. 115.040(h) -Under the present timeline this is the mamZer in which the process v~orks already. It is not specifically identified in the code. If eounoil determines that written direction is needed, administration suggests this be included in a written. policy adopted by the Council. 1.15.040(1) -Proposed timeline is problematic, it inhibits administrations ability to prepare for the council meeting, azid to be responsive to council requests for information. in a timely manner. 1.15.040(j} -Proposed timeline is problematic, it inhibits administrations ability to prepare for the council meeting, and to be responsive to council requests for infortnati,on in a timely manner, As it relates to a council being available at the library, we will do that, and are doing so for this meeting. I was unaware tY~ere was a desire or need to have a packet available for the public at the library. It is easy to accomplish, when the packets are distributed to stafF ati1 additional copy will be sent to the library to be available to the public. The auailability of the packet on the City's wehsite probably tapes care of a lot of people wanting to look at the packet. As it ooncerns the availability of a complete council packet available at the Council meeting, again, this can be accomplished with little trouble. Administration and the clerk were simply unaware anyone wanted this to be accomplished. If council determines That written direction is have a council packet available at tlxe library and council meeting is needed, administration suggests this be included in a written policy adopted by the Council. 1.15.040(k) -This provision would eliminate the addition of "lay-down" materials if they were developed or received after 12:00 PM the day before the mee[9ng. While administration attempts to limit the number and amount of "lay-down" materials, there are instances in which important information for council consideration may only become available after the proposed deadline has passed. Administration would then only have the option of requesting that council postpone that agenda item until the next meeting, or not provide important information to council. As to distribution of late materials to the council and public, this is the manner in which the process works already. It is not specifically identified in the code. If council deternnes that written direction is needed, administration suggests this be included in a written policy adopted by the Council. 1.15.040(1) -Administration is supportive of this change 57 Thank you far your attention in this matter. attachment 58 a = C y r 'O '6 ~ t. Q ~ _ V ~] y O 3 N „°i, u°g °g W O v ug °g .. v ] r N O c a ro r ]i O ~ ' g t + m y v u a zo- a c m a c m ~ -~ '^ a 3 v 3 p N o W N 3 a Y N 3 o s 'o i Q a a -f0a . `E p `~ ~~ ~ h~ ~ .. .. v eo y °1 91 u m a m u a m °_ c v w x v,.U `E m O y ~ ~ ¢ i wu ¢ o~u ..i a m cZ"''s d ~ y n I ,E E E .e Q = ~ ~a o~.'Cu N W '~- V] W]~ 6 y .~. 9~ ~ s c y v ~ a G O a c ct s U ~ 6 ?i p ~ g o u u a ~ w v m 9 n .o v m e `~ m ~`m s °' w a n 3 J .. a ~n c° 3 }¢ 3 g o o g a> u a z .~ "'~ °' u~ a d m ` r p O N Cl ~ u ~ v~ G ~ ~ w W ~ ] ~ N Y "~ 6 m ~ ~ x ¢ ` '~ 6 V Sc v o g c E W~ 'Y' = c '^ ° E ~'~° w = v .p. m ~ ~ ~ ° ~ c ~ a v G E ~ n h A p a VI g d° ~' g g. p 0 Q ~> g a ~ a c m a e C c v ti ~ atl1i v 3 3 a c a v ~ a c v m v `S 'd m m ti ~ =° m ' ° a ` rv ~ m c ~ ~ ~ C m a . i ~. y~ ~ o y V v w° v` ~ ~' w h o m 1 ~ y V g .-I ~ N g O Q ~~ d `p Y_ m ~~ v Q _ ro ~ h A d E G O v IO C v E C O W v`, ~ a v u g in ~ G a u g 9 rj u .~ .~ m d a+ t_J cm ] 'C Gr ~ 3 v ~' O ~ ~ o g v Y 0 s` o u o g g g o= v o a a o ' c c a s c c , w c Q o n~ g o~ > i p 3 a u 6 E o u N Q E v a ~ F 6 F' ~ N 59 ~~~ .. __ s _,.~../ Pr~tC~Gt~! L LUt~>d~ ~5~ ~l' y t~1t~~ Gl ~~lt~lY'C» 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 /Fax: (907) 283-3014 www.ci.kenai.ak.us FROM: Carol L. Freas, City 1 DATE: September 12, 200 RE: GiRDI%d.3NCE NO. 2347-200 In my review of the proposed ordinance, I have noted the following comments, suggestions, azzd/or concerns: KMC 1.15.040{a) -- No comment. KMC 1.15.040(b) -- No comment. KWIC 1.15.040{ej -- Qrdirances anti resaiutians are also initiated by the Csty Attorney and City Clerk. Should the paragraph be amended to include the City Attorney and City Clerlc? KMC 1.15.040{dj -- Currently, a member of the public may come before council {either written or in person), a council member or administration to request legislation be brought forward. KMC 1.15.040(e) -- No comment. KMC 1.15A40{f) -- The process now is to email the draft agenda. to members of administration and the mayor for review. No objection to including all council members as long as deadlines far the process stay in place. ISiMC 1.15.U40(g) -- Suggested change would be to include "the official bulletin board" at City Hall in the third line. This identifies and designates the bulletin board for consistency (reference is made to the 'official bulletin board' in four separate chapters of the code and in the Charter). 60 KMC 1.15.040(h) -- At this time, council receives a list of items prior to council meetings that may have been received after distribution of the agenda and packet. Council has the ability to add these items to the agenda or packet through the approval of the agenda and consent agenda. KMC 1.15.040(1) -- • Having a deadline of 5:00 p.m. for distribution could be problematic if printer problems, power outages, importantJnecessary back-up information for council review prior to a meeting, is not received in a timely manner, etc. take place. • Currently, members ofcouncil, commissioners, and the public have the ability to download the packet from the citys webpage. Including electronic mail as an aphion for receiving a packet may not be necessary. Additionally, in most cases, the council packets are over 100 pages. This could be problematic for both sending and receiving a packet by fax. • A copy of the meeting packet is provided to the Library Director. To my knowledge, there have been na requests at the Library to review a packet, however there is no objection to making an additional copy far that purpose. • At this time, a member of the public ar organization may request packets be provided on an indefinite period and are available in the Clerk's office for pick-up. However, the policy of this office is to continue to provide the packet to the person or organization unless the packets are not picked up two meetings in succession. • Currently, the public has the ability to download the meeting packet of the council and commissions from the city's webpage. KMC 1.15.040(k) -- • One concern would ba with regard to the code pro~riding for written comments related to public hearings on special assessment districts to be submitted to the City Clerk un to the day prior to the public hearing. This however, may be aavcrcd wit h tl~e first sentence, i.e. "Except for written pubic comment on agenda items... " See KMC 1.15.040(h) comment. KMC 1.15.040(1) -- No comment. 61 F ~'~ _ Suggested by: Planning 8v Zoning Commission thr. c~~ a f 8~8~\\/% S CITY OF KE1~AI ORDIIVEIISCE NO. 2349-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, 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 8r ZONING COMMISSION MORE THAN ONCE IN ANY NINE MONTH PERIOD. WHEREAS, currently under KMC 14.20.180 an unsuccessful applicant for a variance permit may reapply for the same or a substantially similar permit immediately after being turned down by the Planning & Zoning Commission or the Board of Adjustment; and, WHEREAS, allowing reapplication soon after being turned down for a variance permit that is the same or substantially similar places an undue burden on the public wishing to participate in the permit process; and, WHEREAS, a nine (9) month moratorium an reapplication for the same or a substantially similar permit will ease the undue burden on the public while allowing reapplication within a reasonable time; and, WHEREAS, an applicant may still reapply within the rune (9) month period if the subsequent application is not substantially similar to the previously rejected application; and, WHEREAS, it is in the best interest of the City of Kenai to enact a nine (9} month moratorium on submittal of the same or substantially similar conditional use permits. NOVA', THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska that KMC 14.20.180(fj be added to read: f~ A proposed variance permit shall nat be considered if a substantiallv similar variance permit has been considered and denied within the nine (9) months immediately preceding. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the 17th day of September, 2008. PAT PORTER, MAYOR Mew Te_t Jnderlined; (DELETED TEXT BRACKETED] 62 Ordinance No. 2349-2008 Page 2 of 2 ATTEST: Carol L. Freers, City Clerk Introduced: September 3, 2008 Adopted: September 17, 2008 Effective: October 17, 2008 New Tex Underlined; (DELETED TEXT BRACKETED] 63 ~' _~~ the c~ilyaf~ KENA\IvA~LASIQA CITY OF KENAI PLANNING ANI} ZONING COMIvLiSSION RESOLUTION NO. PZ08-47 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT THE KENAI ZONING CODE AT KMC 14.20.180 BE AMENDED TO PREVENT THE SAME OR SUBSTANTIALLY SIMILAR VARIANCE PERMIT APPLICATIONS FROM BEING CONSIDERED BY THE PLANNING & ZONING COMMISSION MORE THAN ONCE LN ANY NINE MONTH PERIOD. WHEREAS, currently under KMC 14.20.180 an unsuccessful applicant for a variance permit may reapply for the same or a substantially similar permit immediately after being turned down by the Planning & Zoning Commission or the Board of Adjustment; and WI-IEREAS, allowing reapplication soon after being tamed down for a variance permit that is the same or substantially similar places an undue burden on the public wishing to participate in the permit process; and WHEREAS, a nine (9) month moratorium on reapplication for the same or a substantially similar permit will ease the undue burden on the public white allowing reapplication within a reasonable time; and WHEREAS, an applicant may still reapply within the nine (9) month period if the subsequent applicatio~.z is not substantially similar tc the previously rejected application; and WIir,REAS, it is in the best interest of the Ciiy of Kenai to enact a nine (9) month moratorium on submittal of the same or substantially similar variance permits; NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA reconunends that KMC 14.20.180(fj be added to read: (f) A proposed variance permit shall no# be considered if a substanlially similar variance Hermit has been considered and denied within the nine (91 months immediately nreeeding_ PASSED BY TI-IE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 27th day of August 2008. ~ j ~ HAIRMAN IllELB~IED '1~EX'1'BRACKETED 64 ''~~ Suggested by: Councilor Boyle, Harbor Commission and Parks 8, Recreation Commission CI'i'X O~ PiAI 12E8€?LB7TI0Id N®. 2408-5~ A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASI%A, ESTABLISHING THE LOWER RIVER DRIFT BOAT PULL-OUT AS THE HIGHEST GITY OF KENAI PRIORITY FOR CAPITAL IMPROVEMENT FUNDING FOR FISCAL YEAR 2009 AND 2010. WHEREAS, drift boat activity on the Lower Kenai River has been increasing and cvi11 continue to do so in the coming years; and, WHEREAS, the increasing drift boat activity on the Lower Kenai River has also created an increasing need for a new drift boat pull-out an the lower river; and, WHEREAS, the Kenai Harbor and Parks and Recreation Commissions both support the construction of a new drift boat pull-out on the Lower Kenai River, and, WHEREAS, construction of a new drift boat pull-out an the Lower Kenai River would increase recreational opportunities far the citizens of Kenai; and, WHEREAS, construction of a new drift boat pull-out on the lower Kenai River would improve the economy of the City of Kenai; and, WHEREAS, construction of a new drift boat pull-out on the lower river will benefit the City of Kenai and its citizens; and, WHEREAS, because drift boat users on the Lower Kenai River come from throughout the state, not just the City of Kenai or the Central Kenai Peninsula, funding from the State of Alaska should also be pursued; and, WHEREAS; funding for a new Lower Kenai River drift boat pull-out should be the City of Kenai's highest priority for capital improvement funding in Fiscal Year 2009 and 2010. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai establishes the Lower Kenai River drift boat pull-out as its highest priority for capital improvement funding for the Fiscal Year 2009 and 2010. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of September, 2008. .ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk 65 ~ ~ w.\ ~'' tt~~ ~,iv ~ f/ HEFtAC, A~ASId6 SUBSTITUTE Suggested by: Administration CL'S`Y G?F Z~fEdSAI RE3C>LTTTI~I~i NEt, 2008-54 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REQUESTING THAT THE STATE OF ALASKA ESTABLISH THE LOWER KENAI RIVER DRIFT BOAT PULL-OUT PROJECT AS A HIGH PRIORITY FOR STATE AND FEDERAL FUNDING. WHEREAS, drift boat activity on the Lower Kenai River has been increasing and will continue to do so in the coming years; and, WHEREAS, drift boat activity does not discharge aromatic hydrocarbons into, or contribute to turbidity in the Kenai River; and, GUHEREAS, the increasing drift boat activity on the Lower Kenai River has also created an increasing need for a new drift boat pull-out on the lower river; and, WHEREAS, the City of Kenai sixpports the construction of a new drift boat puIl-ouf on the Lower Kenai River; and, WHEREAS, construction of a new drift boat pull-out on the Lower Kenai River would increase recreational opportunifies for the citizens of Alaska; and, WHEREAS, the State of Alaska has undertaken a study to confirm the need, and preferred locations for a drift boat pull-out on the Kenai River; and, WHEREAS, tre State of Alaska can request and utilize federalranding for land acquisition and construcfion of a drift boat pull-out. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF IiENAI, ALASK.S, that the City of Kenai requests the State of Alaska establish the Lower Kenai River Drift Boat PuIl-Out Project as a high priority for State and Federal Funding. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this I7th day of September, X008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk 66 %' , ter" Suggested by: Council Member Swarner ~_-• thr a'yuf' KENO KKA CITY OF I{ENAI RESOLUTION NO. 2008-55 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING THE CREATION OF A U.S. DEPARTMENT OF PEACE. WHEREAS, the Kenai City Council believes that while conflict is a normal and inevitable part of the human experience, choosing war and other forms of violence is nat the solution to our problems; and, WHEREAS, the World Health Organization has estimated $300 billion a year is spent as a result of inierpersonal violence within our borders; and, WHEREAS, we are beset by a multitude of problems here at home, from bullying and gang violence, rape and domestic violence, to school shootings threatening the lives and health of our children, all of which drain our emotional, spiritual, psychological and financial resources; and, WHEREAS, there are more than 20 major armed conflicts raging around th.e globe, including the conflict in Iraq; and, WHEREAS, ,terrorism is a real and serious threat to our security and we have the best military technologies in the world yet we are missing and need to augment our educational, humanitarian, and psychological technologies, and increase our underStaXaCl171g Of thP_. cultural and rehg!C11s diIIaren reS among nat1CF1S; and, WHEREAS, it is clear reducing violence will save 1zves as well as billions of dollars that can be used to address other human needs; and, WHEREAS, there is a wealth of genius in our nation to deal with the crucial issues of violence, yet the best thinking of the American people in regard to violence prevention is not currently reflected in our national and local policies; and, WHEREAS, the Kenai City Council believes peaceful and harmonious relationships between all peoples is an achievable goal and believes achieving that goal requires a level of governmental support on par with cabinet-level agencies such as the Department of Defense and Department of State; and, WHEREAS, the Kenai City Council supports creation of a cabinet-level Department of Peace io support the goal of peace including acabinet-level position, a Secretary of Peace, to advise the president on peace-building needs, strategies, and tactics for domestic and international use; and, New Text Underlined; [DELETED TEXT BRACKETED] 67 Resolution Np.2008-55 Page 2 of 2 WHEREAS, the Department of Peace will include a Peace Academy, a sister organization to our military service academies, which will build aworld-class faculty of peace-building experts; and, will fund the creation and expansion of proven domestic peace-building programs in our communities, such as mediation trainings for pofice, firefighters, and other emergency services personnel, as well as alternative dispute resolution techniques, peer mediation and nonviolent communication programs in public schools; and, WHEREAS, through the institutional springboard of the Department of Peace, we will tap into the extraordinary wealth and breadth of knowledge currently existing in the peace-building community and provide them with the resources needing to increase their effectiveness; and, WHEREAS, 32 U.S. cities and municipalities representing over 12 million people have passed resolutions supporting a Department of Peace, including San Francisco, CA; Atlanta, GA; Newark, NJ; Chicago, IL; Cleveland, OH; Detroit, MI; and Los Angeles, CA. NOW, THEREFORE, SE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, hereby supports the creation of a Department of Peace and calls upon all elected city officials to support its passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of September, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Frees, City Clerk New Text Underlined; (DELETED TEXT BRACkBTED] ~8 < `~"~ _ SUBSTITUTE Suggested by: Council Member Swarner thr, city a f KEKA~ASKA CITY CF KERAI RESOLUTION Nq. 20®$-5~ A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING THE CONCEPT OF PEACE BOTH IN THE WORLD AND LOCALLY. WHEREAS, the Kenai City Council believes that while conflict is a normal and inevitable part of the human experience, choosing war and other forms of violence is not the solution to our problems; anal, WHEREAS, the residents of the City of Kenai hope for a world of peace and non- violence for their families, friends, and neighbors, and, WHEREAS, we are beset by a multitude of problems here at home, from bullying and gang vialence, rape and domestic violence, to school shootings threatening the Iives and health 6f our children, all of which drain our emotional, spiritual, psychological and financial resources; and, WHEREAS, there are more than 20 major armed conflicts raging around the globe, including the conflict in Middle East; and, WHEREAS, terrorism is a real and serious threat to our security and we have the best military technologies in the world yet we are missing and need to augment our educational, humanitarian, anal psychological technologies, and increase our understanding of the cultural and religious differences among nations; and, WHEREAS, it is clear reducing violence will save lives as well as billions of dollars that can be used to address other human needs; and, WHEREAS, there is a wealth of genius in our nation to deal with the crucial issues of violence, yet the best thinking of the American people in regard to violence prevention is not currently reflected in our national and Iocal policies; and, WHEREAS, local conflict resolution and anti-violence campaigns such as the Boys and Girls Club peer counseling program, the LeeShore Center programs to counter domestic violence, and the Kenai Peninsula School District's conflict resolution and anti-bullying programs should be supported by both local governments and the community members; and, WHEREAS, on a national level programs such as the United States Institute of Peace whose goals are to prevent and resolve international conflicts, promote post-canflict stability and development, and increase the tools, knowledge and intellectual capital for conflict management worldwide should be supported; and, New Text Underlined; [DELETED TEXT BP.ACKETED] 69 Resolution No. 200&-55 Page 2 of 2 WHEREAS, the Kenai Gity Council believes peaceful and harmonious relationships between aA peoples should be a goal. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, hereby supports the concept of peace both in the world and locally. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of September, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk New Text Underlined; [DELETED TERT $nACKETED] 70 / '~'`a` Suggested by: Administrafion 3 ~ -~. tkr. L[%~oI . RF.~AL~~ALA, SKA CITY OR KENAI RESOLUTION NO. 2a08-5~ A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, RESCINDING AND REPLACING THE CITY OF KENAI RETENTION SCHEDULE. WHEREAS, the current City of Kenai retention schedule has become obsolete due to changes, additions and corrections; and, WHEREAS, as directed in KMC 10.30, it is appropriate to replace the current retention schedule with current grant, statute, and departmental provisions. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KElVTAI, ALASKA, the current City of Kenai retention schedule is rescinded and replaced by the retention schedule delineated on the following pages identified as "Attachment A." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of September, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Neu Text Underlined; [DF,LETED TEXT BRACKETED) 71 CITY OF KENAI RECORDS I2ETEl~TION SCHEDULE Retention Destroy & Arohival Paper afrer Record Series Titla Disposifion Media Imaged & QC'd --- ~- CitationlComments I ~ i I I OWNER-AIRPORT MANAGER AI12P®RT ~ ~ _. . ,.... AIItPORTTERMINALLEASES ( ' ~ CY+2 Di nal ~ g~ De artmentPolio p Y ~ 1 ;CURRENT PROJECT PILES ;Paper ,, iRefain nn%1 obsolete, snperceded or ,administrativelmanagementaeed is met. IONS RECEIPTS CY ,Pa er I IDEPOSITRECONGTLIAT ~CY 'Paper ' ~_'------- LANIbING REPORTS ~ Departmen !DapartmenEPohcy------ t Policy IPARIiINGENVELOPES ICY ___ originals j ___ -~ ;DepanmentPolicy _~ (Destroy 1 ~ ~yeara€ter I employment ( .1._-.-..-. ('(PERSONNEL TRAINING FILES ends iPaper i ~ IDepartmentPolic __ . _......._ __- -- -- 72 A NIMAL C(JNTROL OWNER --P OLICE LT. ~ ~ I ...- ~~--- -- ---- ~N~ ALZONTROI~ FTLT;S -... _~ ~ - __ -' f _ , __. -..~ -.. - -- --~- - _ --... _ . _-. ___ I I ay consist of the following; animal complaint noti6carions/citations, description of animal, ~~ notifcation to owner, certfiication of ownership, T owner claims, reiease of animal data, dog bite i reports and statatistical reports. Aleo spay/neuter, ~ Per State of A}aska Locaf GovernmanY euthanasia, vaccination, patrol, and abuselcruelty i i f ( General Records Retention Schedule, n ormation 3 Paper !i Schedule Number 300, September 2001. DAILY DEPOSIT RECONCILATIONS jCY t Papei ~ ;Department Policy LICEN'SINGINFORMATION i3 Database ~DepartmentPolicy _ RABIES INFORMATION :3 (Database ' _ !Deparunent Policy 73 CdTY 1!'IA1_VAGETL OWNER -- CITY MANAGER _..-_ __ - r- - - I .. __..._ _.. _ _- I 1 iCONFIDENTTAL EMPLOYEE MEDICAL X30 years ! ' J ! As mandated by Occupational Safety RECORDS after j , requirements and. as stated in the City of ~ _ temimation (Paper --- II 1 Kenai General Health and Safety Plan. 'CORRESPONDENCE .---- - CY+ry I ;Paper I Departmentpolicy - CURRENT PRO IECT FILES ~ CY (Pa er j Retain. until obsolete superceded or d i i t ti l d i . TENT'S _ DEEDS & P _ . _ ` p _ .._ a m n s ra ve managementnce s met. ~_...._ -...... A T_ P Paper ; _ !Department policy nri ~ _ __- ¢UIPMENT FILES g ~ e ur ment ~ ' y ut)tment contracts and manuals ! retired ~_W- - p ~- ! iDeparfinent policy (3ANITORIAL CONTRACTS i ( ~ I Related information for City Hatt and Visitors 'center __ ICY _ ;Paper __ D_epartmentpohcy _ iLANDLEASEFILES ICY 2 IDtgnal ~ Departmentpohcy _ ~ State of Alaska, Local Government LAND GALE FILES ! i General Records Retention 5ahedule, ! ~7 _ Digital _' _ _ 1 5chedule_ Number 3.00 _ _ __ ~ _.. OCCURRENCE/ACCIDENT REPORTS ! ! entpohcyNote: Injuries to D Applies to all accidents or mlurres involving xo ertyorCit~employees _ City ; ICY+2 _ i Digital ~ . Iliem loyees ace placed in their fid ential medtcal f les I -._ _..___. PERSONNEL FILES ___ ~ Recruttm.ent (for Departzaenf Heads) ~ 2 years Paper (Supervisor's Handbook Grievance Issues Current Paper _ _ _ _ --- ~EmployeeTennmahon READINGFILI:5 - - ----- __ ICY+3 - --- iPa er ~ i-- ___ pe_artm°nt ohe 74 CLERK. _ OWNER_CITY CLERK T ~ ` _ _ _ - ~ ------ - - - - - _._ _ ALCOHOLIC BEVERAGE CONTROL Liquor .. -..._ ,:License Applications R. Information 4 Paper !Biennial licenses 4LASItiA PUBLIC OFFICES OOMMISSLON , ( _ ~ ~ - _- - --- `---' Financial Disclosure Forms {Lobbyist, City ( ~ Manager, City Attorney, Clerk, Council and P&,Z ~ Commissioners)-- __ _ _ _ 6_ _ Papor_ -Il -.._ ';AS 29.20.010 KMC 6.05 ~80 ~ I ~ - -_..-..__- ---- Retain until obsolete, auperceded or administrative/management need is met. (CENSUS .-..._ . ~ ' AS 29.60 C£TY SEAL P ~ -r-_.. -...___.-,_..-_ 'COMMISSIONS & BOARDS iAitparC Commission, Parlts & Rec. Commission, i (Harbor Commission, Beautification Committee, ,Council on Aging, Library Commission and I Planning & Zoning Commission. !i ~ - - - -Correspondence __ ;2 years TPaper i- OfficePolicy - Agenda/1vlinutes P digital _-_ _ -_ _ _ __,_- __ ._......- TPackets P -- --=.. digital T s 1z 1 aper -. _.- a~e CD Planning & Zom~ Commission 6 ears 1 _ _ - -, y _ _ T ~apes/CD I ~......- Office Polic ..-._, y. apes -Lesser ommissrons &. Committees 2 ears ~ Y j Ta eslCD P Office Policy __- _ . , rOATHS OF OFFICE --- ~-. M1- -- - - - --- - Oaths of office may include oaths for DepartmenC Paper/Digit a Heads< Cit Attorne ,Clerk. !P y._...-__.. al _ DISTRICT/SPECIAL ASSESSMENT DISTRICT (Inoludes petition, eorresp., enpies of ~Paper/Digit! notices, etc.) __ P ~_ ,a1 I ...- . -_. __ .._.__-. COUNCIL ( i L Includes Ccuncil Meetines & Work Sessions. rice ~sats may include notioe of meeting, aftTdavit of ~ I ublicaGon, si p gn up sheets, workpapers, written i ( ~ ~ CesYimony, exhibits and audio/visual materials. { _., .. ----_. __...._.~...------' . .', 7 ~ - : ......- Paper, ....: _----- --- ~ digital I AgendalMumtes - P ~miorofilm~ ~ digital, i - Meeting Notices _ _ P microftlrn~ iai ixat, I - Meetin Packets ~P - 8 ...__.._ _......-------- - microfilm. I - Membershr _._ p -- --- -. 'P - -..-._l - - Paper _ .._ _.-_.. - Audio Tapes/CD -,_,_ -._, ~6 years _ -. !Ta es/CD '. _P-. ~ ~ - Oaths of Office ,p .-_ ~~er ~ .._ .. __.- _._-_ I (paper (6 - ;years), i j ••.idigilal, -BoardafAdjustmentHearings _ _ ~P -I--_-- microfilm _u,..- _--.-. (Paper, ~..-._-_ ._ . - ~ digital -Resolutions P .----- -- ~ Aicrofilm : -Resolution Index P - -.. ._..L.-......-- i di itai -i _-_-_..-......_._..__..----- 75 ELECTIONS.-- - ,----~ ~ 1 year unless -Ballots- ______ ~ , . ~-.. .contested ! ~ IAS 15.15.470 KMC b.05.280 CertiScationlCanvas Board i Finanetal Disclosure Statements _...._ .. .....~ 4 years ~- 6 ~ i _ p._.. .. -. - ~ ____ __ i yeaz s _ P„- - --- -- _.,-- Preanct Ma s _ ~-._ P _-.. _ ._ ~ i ~ Registers -_ 6 years _ .. --- -'- --.... Nommta6on Petitions/Declaration of Candrdacy j 4 years _~ - - i ~9S 15.25.030 KMC 6.OS 280 I 1 year after election oerdfiad (State -Contested Election Data E 1 year ~ I Retention Schedule) (-Voter Ballots (Completed, Challenged, ___ _ ~ ~~ ~,'Rejeoted, Absentee & Special Needs j ~ ~ i I I month after election certified _ __ _ Certtfioate of Election Returns (Regular & II f S eoial __ - ~ - i 1 ea ~ _ i ' -.......- ~ j y r.,.-- . P e i -DOJPreclearanceRecords i ap r, IP Idtgttal Dept. of.lustrce R - ~ I ~ --- I year afer electron oertiSed (State ecount Petitions ~ 1 year _ _ Retenfton Schedule) _ - ---- - e 4 years I i I R p ._~ er a - - ._-_ - -- ... ~,. - ~YNCO PORATION RECORb5 ----_ P dr rtal - -- ORDINANCES & CODES --- - -- _ _.- -Index _ - ,...- - P -! _ - _.1 ._. - --- _...-_._ ._ -_. i CI I - ~ - C , ---- AS °9 20.380 -.. PUR IASE ORDERS ~ ~ Y ar .. - - :READING-FILES ~ ... 1 year paper _ - - -y -- _ ' -._ .RECORD DISPOSAL LIST ..,--w - _~ _ I P._-- .- ~ -- I IpERMITS ,May include Mobile Food Vendor, Itinerant jMerchaut,PrrvateDetectiveorVahiole-farHtre. 1 2 jPaper - --- CrtyPolicy __-_. -- tFMF1~~F MEMORIAL PARK _j ...---~~ ---- f ~ p - -_- T -- I = - -_.-... - CrkyPolicy T-22 STATIC BISPLAY -..........-_ --~-- ....-_....-...._-..---.-... Daeumentation related to display at Airport Way i land Wtllow, Street intersection. _ p ! j _ USAF Agreement __- ~ __ 76 FINANCE IOW NER--ACCOUNTANT ~ _ _ ACCOUNTS PAYABLE ~ ~ _ -_ __ ._.. -- --a - Invoices vouchers and vendor files 3 years Paper _ _- - ~ - V Department policy -Requisitions and purchase orders ;2 years ~aTer ~, V Department policy _ -_ May include Casel{e reports generate8 for ~ accounts receivable billing (transaction register, ~ ' ( invoice register ,transaction summary, aging ~ ~ 'report, accounts receivable by eafegory, general 'ledger update); may include Caselle reports (generated for water and seworbilling (billing I ' , register, aging report; accounts receivable by ~I '- service, transaction register and transaction '! summary, billing usage summary, customer Paper & ( ,deposit report, rate table summary_eneral ledger 3 years Caselle !F __ __~ V Deparrrnent policy _...-- IDEPARTMENTAL DEPOSIT ~ '. Retain unti3 soda for corresponding ---fff (RECONCILIATIONS ICY --- _-_ .._,_ ___~ .y-._ Pa er _ I C earhasbeencerttfied. _... AMBULANCE BILLINGS 5 years - -- ' Paper _ ; V epartm nt policy .ASSESSMENTS 35 years --- Paper _ _ _ __ V DcpartmentpoLicy __ AUDIT REPORTS. P _ ! ;,Paper ~ IDeparunent ohs ~_ -- BANHINGRECORDS 4Consists of records of bank transactions for revenue and payrnenYS and may include: bank statements, bank reconcitiations, cancelled checks, ',voided checks, deposit slips, wire transfers, transmittal ofDirecf Pay water and sewer payment ` ~ I ~ ~ (Retain 3 years provided an auditor files, savings account data, debt service payments, ' ~ lother annual financial statement has signature authorizations, etc. 3 years I Paper been cerfified. BOND RECORDS '20 ears .___ ~.---~~ ----- ------~Y ~- Pa er -- ~Refain 20 years after issue oalled. 'BUDGET, FLNAL & AFPROVED 5 years Paper , t._- - - -- i~ . - --- -- ......._ (BUDGET WORK PAPERS Documents used in Che development of the City's I ' 1 j ~ ~ I (Auditors have past gears of budget work annual bud=et rior to reaontation to the Council 'CY ~_ 6 P--- P ._..._ i ...... 1Pa er P,_ ,~apers.,_........- I~ rIAI;T itr ACCOti1S ' yeas V CORRESPONDENCE _.3_years _~Paper _ - Office Policy FINANCIAL REPORTS P T (Paper ~ V ---- - - FIXED ASSETS - j . ...._ V .. ~-- ---- ---.-.......-.... -Buildings ! ':Caselle i ~- T.and r _ ;Caselle ; quipraent _ - -- --- ~ ]Caselle --t- --- _ ~ -.._.- _.._ .. -- ----- NERAL ACCOUNTDVG RECORDS I GE ~ May include; water and sewer stabs, dock j ~ lreceipts, Caselle reports (payment register, receipt ~ I I (register, payment update, general ledger update), I Idipnet parking receipt books and deposit slips; (NSF checks, Landing reports, Car rental ~; ~ Retain 3 years provided an auditor cotnntisston r orts Ammai confrol reoei to eP P I lother aanuaI financial statement has CY 3 ~_ -` Paper _ ~ -- ified, - een c®rt._-. ..-.-.-...._.__ -- (GRANT FILES (Documents receipt of State or Federal monies and iconaists of applications, copy of notification of j grant award, agreement, special conditions, fiscal I reports, closeout documents, report (audiC, status, l j rogress and compliance) and comes ondence. ~ ' 77 y- State --- I 3 ears r I -- i _ -~ , Creiain"fluTil-~-- - __.~_ _.-.., _.__ ' Federal Audit is i ~ completedor , 3 years after ~ ! grant closeaut, i I whichever is , I Per AS 09.10.053 Statute of Limitations _ Federal later ', J- _ ' is 3 years. ,3OURA'ALS~ CY Caselle ! _~'iDepaiYmanf policy _ - le_ !-~- _ Cass _ Depariment~oy 4METER RELATED p ~ P ~ Meter relic[, meter exc rion lis meter roof ( Pa er & Irepart, history report. _ ; 10 years ! Caselle _ ~,D~artment polic Y PAYROLL - -- _ years Paper ~ r.._. i .. -~ - - --- -. -- - Earnmgsand.Deductions P Paper J ;DepartmentpolicyJ Timesheeis leave slips overtime slips _ ~ 3 years Paper~ e~artment policy _ PERSONNEL FILES _._ _._. -_. ~ ~ -Applications ~ _ _- -P - P Pa er , _ _ -- __ _, __ --- CFR 7-850 -__, -.... ._ _ BenefitProgr~im .-_ - --- -- ~ years after - ~ -I--... I termination Pa er CPR i 1-497 _ -Performance Evaluations ~ P Paper - Commendations, Disciplinary AcUOns, ~ ~ Educational Certificates - - - REGISTERS P Pa er -_ _~ . ~ _ __ _ _ : .- - -"__. _- . _ CY Caselle ~ _._ ~ De artment ohc ~ P .--_.P Y _ .. __._ _ jREVENUE SIfi1RING Formula-barred funding allocated by the State. ~ ~ y applications ~ ~ il l t corres ondenceC ear end auditslb j p _ .y _ _--~ ixdgefs. -- ~ 3 years Paper_ -_ ~. jDe arnnent alit ~ p---_. ~ _. Y ___. 7$ PYRE - -- ipWNER--FIRE CHIEF j -, -- - __._- ._ _.~_ _.. APPARATUS _ -Inventory CY j j -,Maintenance 15 ~~es _._~_. jDepartmenf policy ARSON INVESTIGATIONS --- -~ _,_ , P Paper __ I l CORRESPONDENCE ICY Paper ~ ~ .- -~;Departmentpohcy BAILYLOGS P Scatmed j__ - _ L._._,_. Paper, ENIS RUN REPORTS j21 TiD~gual _ A S 18.20.OSc EQL'IFMENT I _ - I r--. _~- _........-_...------.__..... -Daily Cheoks CY ~ -Inventory CY ~-Maintenance_------------ ---._. 3 .._......._._.. IPa er _ ~- - De a~rtment policy ------- - !FIRE PREVENTION , ~ I Presentations made to schools. ICY ;Scanned !Scanned as part of daily logs_ ^ - , - ~.. - FII2E RUN REPORT_ S _ - _ _ _ j A 5. 18.20.085 ~iFORMS _ ___ ^ CY Paper . _.J - ...~ _ - !DeparhnentpohcY ...___ ._-_.._. ~INSPECTLOAS I _ - Business inspections may include daycares and ~'~~. I bad &breakfaste (every other year) ~ i5 r City Buildings (annually) 5 ;Paper, I _ -Equipment (annually} ~_ ._ ......_, 5 `Di itat ._._1.---~--~~ ~ j Destroy 1 ~ ~ I year after ~ I Complete Personnel files kept in PERSON NELFILES ~lemployment ~ d ~ Personnel Department including blood _ -------- _ -_-- len s_ ;Paper _- -J {borne pathogensreports~, _- - - IDesYCOy 1 ; j yearafter ~ ~ I I employment I .PERSONNEL TRAINING FILES ends Paper _ i~ _ Department policy_ _ __- jREADINGRLLES ~- - -.._ __....._. _ ~ jCY ~ .. ~PaPer ,Department pohay 79 RA - _-,___, - ..__ OWNER -- LIBRARY D _ IIZECTOR -- - ( Department Policy; Older copies may ~ COMPLAINT FORMS _ _ CY _ Paper j ',be kept at the Director's discretion. -.. I DAH,YCOUNTS ___ ' j2 !Paper ~ IDeparpnentPoliey DEPOSIT RECONCILL4TION S I Reeoneilations are completed weekly and taken to i ( Finance for d~osit: - _ 'CY :Paper !Department Policy FORMS FILES CY iPaper Departrnent Pohcy !City not responsible for pernament ',, 4 f ~ !record o£ Friends of the Library FRIENDS OF THE LIBRARY I minutes. Retained as reference at Meeting summaries and associated documentation.ICY !Paper !Director's discretion. ___ j City not responsible for permatnent ~ , ~recard of Friends of the Library FRIENDS OF THE LIBRARY ARTICLES OF minutes. Retained as reference at IINCORPOI2ATION __ (P ,Paper !Director's discretion. iGRANTAPPLICATIONS I (not awarded) I; I Retain emit obsolete, supareedad or App3icatian not approved or funded. "" '-___. - ` ,Paper I ~admtmstrativelmanagementneed is met. s Y~t11 it71v xrit;LS STATE Retain 3 1 years. FEDERAI. { Retain until .Documents receipt of State or Federal monies and (Federal consists of appIioationa, copy of not~ca6on of ;Audit is a ant award, agreement, special conditions, fiscal (completed or; reports, closeout documents, report (audit, status 3 years affer iPer AS 09.10.053 Stahzte ofLimitaeions y~rogress and compliance) and oorrespondence grant ~ i Paper is 3 years. GUARDIAN SECURITY CONTRACT 3 Paper Depattrnent PoLcy I{ISTORICAL FILES _ ~ Includes h.b~o~~cal ~nf~,u, uon related to per;ad of ~ I ~'i$me before City operated the Library P _ Paper j Department Policy _ - j$ackup tapes are stored. o£fsite for I ~ [seouriry. Tapes are rotated according to i j ~esmblished Departmental backup HORIZON CATALOG BACKUP ---- - - I,P_ Nape ~ procedures. __ i (Department Aead would like to keep ' second year since not everything is IN'VOICE5 CY+1 _ Paper ordered every year. JANITORIAL CONTRACTS -- -- _---- - 3 . Pa er p ~ __ Department Policy - - JLIBRARY COMMISSION MEETING --..------ I __ ~ ~ - _____ _ ____ jemmanent record is keptthrough {SUMMARIES CY IPDF ~ CSerk'soffiee. ke_.,......._...._. ep ! ' ~rt n a e o s ~ ' ~ eeds Th e it mss a e ~nzted as part ~ e j o€tha Clerk's permanent files within _ MONT'YILY REPORTS _ __ iCY+ 1 ;D~ y~ -+--g -- ! ( Council packets. NORTI~RN TECIINOLOGY Work orders and correspondence related to '~, i computer tssues. _ _ _-._._ ..,.._.-----.. i CY _;Paper __..___.._ ..,_ Departm_en.Policy--_ ~~~, ~ I Deparnment Policy - Confidential par IPATRON~ RECORDS '..3 IPa er RS 40.25.140 80 ~PRQdECTPLLES i ''~ CY_____ Retain until obsolete, superceded or Papar ~ ~admincsfxativelmana ementneedismet. ~,, !Departrnent Head would like to keep Isecond year since not everything is PURCFIASE ORDERS ~ ---..-----..__ ....._____._ CY ~ 1 Pa er _ P -..-J__ _ lordered every yeas. 1 ' f ~I III Ii Retention is at Summer Reading i ', '~~Program Coordinator's discretion as past ( fries are referred to in preparatson of SUMMER READING PROGRAM FILES ..._....._ _.._._--- -._._--- ---........ '- (~ CY _ ~. --- 1 Paper _ . ~ __--I current year's reading program. __.._.__... ... - 81 LEGAL OR~NER --CITY ATTORNEY ' _ 7-- --~- i ICIVILACTIONS X10 ___ ...._ _ Paper ~ IV I 7 ..._.__- ~ - ---- - V; AS 09.10.100 w!o disability AS ~ i 09.10.Ob0, 3 years, AS 09.10.070, 2 iCLAIMS AGAINST CITY 10 Paper years iCODL SUPPLCMENTS CODE V ' - ~--- - IOLATIOAS i _ . _ , 10 --- PaPer_.,,,,., 1Department Policy I Aesfroy 5 _.._.,_,____ ; 'i,years after ICONTRACT5 exPvarion__ ~.._ _. Pa er __ _ DeparEmentPolicy _-... II~' ONS IP , ._ .____ p Pa er ~ 'V _ _ _ FESSIONAL SERVICE REGULATIONS 5 ' IPa er . _ P ~ _ De artment Policy TRAF i FIC CASE5 10 . ..._._._ .__. __ __...__... Paper ...._._.._._.._.-__... ~ ant Policy i , -,-- 82 PARI~:S & RECREATION OWNER -PARKS & REC DIRECTOR - --- ACCIDENT REPORTS ~ ~~ ~ P I _ ~ _ - --- I ._- ...__ _ ~. _._. a er p }Department Policy -_ ...._ !CORRESPONDENCE - !4 Paper IDepaztment Policy _ _ DEPOSIT RECONCILIATIONS i ___ __ ICY {Paper DepartmentPolicy --_..,._, IEVALLATIONS _ ICY Paper ~ ;Department Policy FORMS _ _ _,.__.._-_--_-_ Cl' _ ;Paper. ... ~-- _Deparlment Policy -- __.. Retention period is according to GRANT FILES h _.._.. - -- P , paper ~ ', :incUvidual grant requirements. ICE RINK RESERVATIONS __ ICY . ;Paper , ___ j Daparanent Policy INSPECTIONS: MULTI-PURPOSE _ _- - (FACA.ITY I -~ J Weekl and uarter3 ms echons - _ 4 - _`. P , Department Policy i UND N --- --- ~ y q y p ® Week1 and uarterl ms eetions - 4 - ---- iPaper ~ - ',Department Polcy 'MINOR INJ URY REPOR ___ ~Z ~Papet ` DepatunentPohcy YATION INFORMATIO__N CY_ Paper _ _.. __ iDepartment PoI~cy TENT CAMPIN_ G INFORMATION S CY Paper ~ _ _ iDepartment Poltcy TIM IIEE S CY Paper - ~Depanmant Poh y _. . ',TRAINING: I I . ,-- ------- ~~FULL-TIME PERMANENT POSITIONS iP {Paper Department Policy TRAINING: ~ ~ i - (PART-TIME TEMPORARY POSITIONS CY Paper IlDepartment Policy 83 POLICE _._ -_ yLL OwN>=R -- POLICE LT. I f ._.--, _-- __,. . _ ACTIVITP LOGS _ __. ~_.... _.-- _ __. Service calls generated each dom. ~P Dt rtal ~ __ ~~artmont policy _ i V; Scanned in with corresponding case i CASE FILE PHOTOGRAPHS _ _ . - -- --~'P i Digital Mile. , ~CASERILES __ _ _P - Dtgttat -- V COTvIMUNICATION LOGS I Dai3+radiologs. IP } Drgftal !V ', ~ '. ~,Retentioa period decided by _.. '!CrimesWpper officer according to CRIMESTOPPER FILES CY * 2 _ ------ - _. Paper _ Crimestop~er guidelines (minimum 2 ---- IMPOUND SLIPS ~ --___ I Impounded vehicle documentation. _ __ _ ~''~P FERSONNEL RILES CY _ Digital _ Paper ~~, LScanned in a+ith corresponding case file. _ epartment policy ( ~'i d Offrcer fills out form; assigns case PROPERTY, LOST & FOUND jP Drgrtal _ inumber; spanned. I ST-I's Eaoh indtvidval case enerated for the da . P _ TRAFRICCITATIONS CY i j ~ iDr rtal ~ ~~ j Scanned with come ondm case fi ~pe artment olic 84 PLA1\rNING & ZONING DOWNER-CITY PLANNER - AGENDA & MI1CU-TES - - ~ __... _i _ _ _ COMMISSIOl! RECORDINGS _ _-.- _ _ 16 P ~i~ttal ~- !Tape Permanent - Onginals ~t m bmd~ers IRetam current 6 years only ~ - r ~ _ Paper - - _.--. ~ iCOMMISSION PACKETS P - jDigltal ~,Retam current 6 years only m paper iCORRESPONDENCE _-_- .....- - 4 '"- -- -- -- r-- (Paper _- - _ ~DepartrnentPohoy (Paper, ......-------._,_.. GRANTS _ `-_ ~p _,.- ~Digttal _ ~-- - ,Retain Per Grant Retention Date MAPS _- - I -_. .- -- PLATS ~ -P - - ~ Pa el ~.._ __- Depaetrnent Pots .._.._. .-. ~ __ - --- - P-_-. _LPaper_ _ - _ - DepertmentPohc Y PERMITS, CONDITIONAL USE 1 -- ~ --- - Ongmal signed pemvtsiresolutions are ~ scanned and. kept in binders. Copies are •Paper, kept with application by address in P&Z __ -..--- --- ..-..----- ~PERR~ITTS: ENCROACHMENTS ---.P Digital -.. .. Miles ..-.__._. Ongrnal signed pennitslresolutions are scanned and koptin binders Copies are ~ (Paper, IkepC with application by address in P&Z ~__-..--..-.- - P_.- 1Digrtal ifiles_ (PERMITS: HOME OCCUPATIONS I, --------- ~ ,---..--._._.. ...-.. - Original signed. pennitsirosolutions are P ` scanned and kept m binders. Copies are l I aper, ' kept with application by address in P&.Z - P _.- Digital - ~ 'files. PERMITS: VACATIONS `, { ~ lOngmal signed permitslresaludoms are ~' ~ ~ scanned and kept in binders. Copies are Paper, ~ (kept with application by address im P&Z _ .-_.-....-..-~---..._-,....._ _.. P Digital -. ifiles_ ,PERMITS: VARIANCE/APPEALS I , --.....-_.. i '~ --....- iriginal signed pemutsheaoluhon§are i'i I Paper i 'scanned and kept in binders. Copies are kept with application b address in P&Z _-„- -- - - I ~ P - , Di naI IL ~ y (files. PIIRCHASE 6RDE RS ., ---- f_._ _ - _ _ - CY„- - __. - Paper y - -~DePa<tmantPolioy - ~ --- Retam until obsolete, superseded or REPORTS~STL~IES ----=.= --.-....-- I .--- - n Y i- ar - f ~ aurrt.usr,ativ6tmana crneaf need is met. -- ..-...~_.----~- Onglnal signed permits/resolutions aze ~ ~ I ~ scanned and kept in binders. Copies are (Paper, 7 kept with application by address in P&Z IP Ba Z RESOLUTIONS _~ --- ..----_ --. -..-. - __ . P -_- Di 1fal _g -__ files` - _ -'-- -- ~Origina! signed permits/resolutions are ' scanned and kept m binders Copies are ~ ,Paper, kept with appliOation by address in PBZ (REZONING ---- ---, _..... ----_- ~P _.- - - Digrtal -_! Tfiles. _ ..--- i ~ i -- original signed pennits7resalunor.~s are i ~ i ~seanned and kept in binders Copies are P er, ap (kept with application by address in P&Z DIVISIONS PLATS -_- ~P _L-..-- IIDi ital I -1- ~ ---~ ~ ,files. i "Perutits prior eo 1995 were scanned and destroyed (axclndmg building pevnits whioh have been k f 6} address in permanent files). Pemut originals from 1995 to present aze kept per above retention schedule Files have also been copied to di..ns for Planner and Plannrng Assistant as well as 1 kept in the fire proof safe. .. r.._-... -..._-- .--..,-.-_ -,.........._-...__._-.-.__., -_.- ._..f __,_._-_-__-...___-..- 85 PUBLIC ~4'ORKS iOWNER-PUBLIC WORKS MANAGER -- --- -._ !L_._------ CAPYT 4L IMPROVEMENT PROJECTS ~ I ~~ _- _ -- - -- - -- . ILI6T 2 years -Paper 1 4 IPROP06ED PROJECT FILES _.___ _ --- _ - Paper ~, _ ~Retam until obsolete or not needed (REPORTS AND STUDIES I I Paper ~ - ~ .. _ Retain until obsolete or not needed -. __ _ __ -- -- -- PROJECT CONSTRUCTION FILES -..._ 1_ .__ - ..~--- - - _ _-..... Retain the following files for 6 years - dings, Harbor, Streets, STP, Wafer, ' ~ (Boil Sewer, Airport, Local Impr._Districta} j after the project has been completed untesL s permanent Specrfications w/Executed Contract -- P ~Papei -- - As builtDrawmgs i P ~Mvlar/CD ~ -- --.._ ~- Easements Construction Bidder's File Bids . -- - ------.. _ 6 years { 6 years -~ -- ~~~~ ~~ ~---~~ -~- _ . - ___ Resolutions Ordinances Bud ets _ . __.~.. _. i _... ;copies 6 ; . - -- - , , g (General Correspondence _ years - 6 years ~ Ori finals filed with clerk --' ~~ ICi Comes onde nce _ tS' p - 6 years Requests fa Engineering Proposals E meer'c Corre ondence ..._ 6 yeas _ 6 ~ _.__ _---- - ~ ~ ~- ~~ - ~ ~ ' ~ years _ i Engineer s Contaot ~6 yeazs ..... - Enaineer's Invoices L --- 6 ears -....--- -- -..._..------ ! !Engineer's Kepoits and Test Results __. _ Project Final Inspectron/Aoceptance '6 years i ~ . 6 ears ~ v L _ __ _ - __ --- -___ ~orough, Federal, State Agenores _ __ __ _. . _ ___ __ Correspondenoe -_.--__,._„_ .-__.__I 6,years ' L i (Borough, Federal, State Agencies _Agreements 16yeazs Borou h Federal State A encies Perm S its 6 eazs _. --- 'Af f i . , _~ -.. -- ~_ y ~ _ - i r perm _t_exprres _ t-~ ~Utih _ Correspondence n 6 v_ ears ~ ~- -~ - ~_ -- ---- .. Submie~.ais ,,.. _ .- _- _ ,_~ ~6 ears ~._}' ' - IRe~iew to retan5 wiOocbl IOperation and Maintenance Manuals IPayEstunates - a IP 'Paper _~ i6~ears -- _._. ;Change Orders --.. i6 yeazs - _-_ _ Certified Payrolls __ -~- .. f ...- 6 years Paper .---- ..~___.. , I p uportProjecis (Closeout Re ores - A.. __.~.._ P Digital v._ ..._._~ . _. _~_.. ~._. _.. ..- --.-- - =- -i ~EQUIPMENT & SMAL L PROJECT BIDS , -- - __.-. - -. ...__. _ .._.._. Bids .. _.__.._ ._. 6 veers i __ - ._~..-.. I~ _ ~ etain 6 years a8er coin letion ...-........ P _.. _. Contract Documents I -- '6 years - _ ~ -~- ! ;Retain 6 years after completion i . IPIIBLIC WORKS ADMINISTRATION i _..-- --.-.._.-- - -___ _ _ -_ ~ _ ~__ I_ ~- ~__ - - ;Correspondence and Memos __.__ _- -- ~ -` Reading Files 13 years -- 1----... _. - -- ICY I -- ._ i -...__ _ ~. __. PW Staff Meeting Agendas _ _ ;CY Project StatusRe~orts ICY j = __.. ___.-_.._____... ~UtrlitiesCorrespondence y3 ears ~~ ~Camp}amts Eaements(Perman nt) ° years j-- - ,.- P (Paper .. ~ - i3obA tications i3 years i 86 Purchase Orders CY I _-__._. _. _ - - - _._. -- -- STATEOFALASKA. ~-- ,__ .. _-.~.-._._.---------- i - -- -- ... a- - _ - ---- i _ :C p es_ ondenry l; ears ~ ' PpP ~ .Y - ! r._ -_ __ Grant A IrcaUOna 3 ears ~Dt NetFtshe 6vears State.Pro e~ ct Frles 16 years IRetain 6 nears after comnlehon _ Dept_of Labor Min Rates of Pay _ fi years _ _- -.-- IRetain 6 years afier completton I i -.. .._._..--- FEDERAL - _ _-..- _ _._- _. ..- --- ..._ _. _~._.. J Correspondence 3 years - ~ ~~ Expiration + ~ , Corps Permns...,...._.._.-~---,...,._...___,__._....._ -~1 ..---- ~- ' Corps Public Notices i3 years I I '~ $OROUGH _ _ -_ ~ - ~..- ._L_ . _ . _ __,. ~Correspondenae 3 years ~ _.. --. ..._._. __._. _ - -- ~-- - _f .-- --- Leach ~ Emer ate Agreement Current ~. gency Management Plan Current 1 ~ i _ .. . I , --- T_ __ .........._ {I _._ - _ - ~__ ..-_. IBLYLDING INSPECTIOtV -- 'Correspondence __ '~,3 years j ' :Codes __.._----- P ; --._._~ - _ _. -- IPaper ~BuildingPermits P iDigital ~ Filedbystreetaddress J_ _ ..__ _ linspection Reports _ _ _ _ _ P 'Paper - ~ _ ,Filed by street address - -.._.. ~ ~~.~. Paper ' ~BuildingPlans 'P IDigrtal ' _.. __.-_-, ..... --- -1 ~_ As-Builts P ~Pa er - -_._ _..._.- p I__ _ Fded by street address ..-Sign Permits __ _ _ _Life of sigtt 1 _ ~ Filed by street address Certifica±e of Occtz anc !P aa„Ar _ _ '~' =a - __ _P_ Y _._.. ~..,.~_ ;_ _r-..__~. . tl..,. by street address EAbatements ~ 10 veers ~ Stop Work/Violahons ~3 vears~_ J; ~ 13 years after act,on --------- .___._ _ _. _l ~--... I iSUILDLNGS -MAINTENANCE Correspondence ',3 years j r __.. --- .. _..-..... -. _...- --......- - .. __.-..... Maintenance Schedules (Current f Life of Maintenance Reports _ _ _ facih_ ty i ~ _ I_ Purchase Orders & Quotauons ' - ~ ~ --- _ _~CY G.._ I I -._ _ _ - _ _- -- --- DOCK/I~ARBOR - - - -- -- __ _ 1- ~ . - _._ _._ --- Correspondence ~, Memos_ 3 years Rate Schedules CY __ Pederai & State Permits Moorint Bouy Pemtris iUnnl jand Locations ex tmtion i _ - _..- __- ~ _ S _ ~__p_ ~._ _ StationLeacesons ---- 16rparsc~ Pa er i, ..----.....---,---„-,--- ~? - - p __....- g - -- --- I r ._ -.... --- Unfil ~ ~Co s Permit - Dred m~ ex tration ' 87 (ENVIRONMENTAL_.----.---~__...._.,_,_ „.~_~ i !Correspondence i3 years #Request for Pmpasals ;6 years - - - !. _.. _- Agreements 16 veers _ ~StteAssessments _.1P _._.. __ - _ P er i .1...___ _... ~,_. ..-- ~` Woxk Plans iP _ - -- -- I I Paper _ --- -.. -- - + ~Swveys~...,,...--. .__._.- ...-'-- --~6.Y~s r } _ I~~~.... I--- i ~Testin P ..._._. ~ ILtnttl ... - -.._.._....__ ......_._____........_..__ !SPCC 8z SWWPT Pian, superseded - ___ ; , __ __ _ ___ __ ~ ~ ~NPDES Fermits CurrenY+ 1 - - ---- -.. _.__ _...----- ~ ~ ~...,.--- - ---..._.. _. Life of tank I 'ADEC Underground Storage Tanks + 6 years ~ ~ Waste D~osal-Permits ~Currenf i ~FinalReports __ P __ Paper, ! Digital _~ - - --. _. ' ~' __. _.. _.-_. - T ... __ SAFETY - 'Cotrespondence and Memos _ 3 years _. _. _. '; _._ , Meeting Agendas and Mmutea ~:P ; Di itg al ^L j SafetyPackats jP ~ Digrtal j ~ _- iAccident Re, parts (Ou~iual CM) ICY iP'tled in City Manager's OfCce ~QSHA and ADEC Correspondence 3 years '- :Training and Certifications ; - _ Paper Copies in Personnel Files - I - -- i _ 5afe Avdrts ~_ Most recent _ _. _ ~' ... __. __.~ ..__. _.-----. , , ~ Site ection Re orts ' I Most recent P ; __ ~CDL Lwenses Current _ _ Copies m con_fidennal me_dtcal files _ - jCityHealthand_SafetvPlan -_ (Current .. Pa er __,1? _ ...._.. .__ ......__. _,... ......_ SEWER TREATMENT PLANT ' - ---~-- ICorrespondence and'vfemos _ _ 13 yeazs i_ I i ~~.,, ~ Records o£all monitoring information, j ~ including all calibration & ma~intenanee 1 (records, original strip chart recordings, i i reports and data used to complete the ~, ,application for this permit for a period ~ ~ of at least 5 years from. the date of khe - NPDES Permits and DMR Reports ~ 5 years 'sample, measurement, report ar i application. USEPA - -- EPA Correspondence ~5 yeazs ._ ..__. - ~ _ _ '__ ~~ _ ___ '_ _ ' T !DEC Correspondence ]5 yews __ . ` _ _ __ ,Borough Annual Btosolads Report 5 yearn SHARP Correspondence and InspectiosReports 5 years __ ___ __ ! - __ _ ____ OSHA Coxres ondanca and Ins ecUOn Re orts i.5 years P P P ' ~ Wastewater Facili4es Master Pian P (Paper Drgital ~ ' ~ --- iSI~(7P j I Corres ondence and Memos !3 years gg 'Supervisors Weekly Reports _ CY iEquipmentLisY-Vehtcles Chtrent iAv tions 2 years IPrevtous 2 auctions _ _ _ - .STREETS -_. ----- Correspondence and Memos - 3 years '' -- _..-- I (Excavation in ROW Permits ',3 veazs ~~- - -- - - ~ -~___ -__. Detour Permtts CY ~_ I t urb & Gutter and Driveway Perrnrts P Paper Filed by street address ~~ Oilin~ermits _ _ - - _ CY ~ ~ ~ _ I 1 1 State DOT Seasonal Permtts CY I . _ ___ - . _. Repairs _.. ---- 3 years ~---i~_ ~ - W ork Reduests _ 3 years _ '' - - -- Status Maintained Streets Current -~ i Snow Removal NaCtcea _ _ _.~_..-. --- ICY _ ' ~ ~ a _ 'Items nr ROW 3 years '.. _ - -- L_ - --.. _ ._.._.--- Damage Reports _ 3 years ~ I-__. _ -- _. Pohcies _ _ ICurrent i Stgns .. ._ Curr nt ~- _ _a. -.........._ Streetlight Agreements Current ~ i g P - -- - Streetli ht S ectficanons r __. _„__ ~ P Pa er _~~ _ ~ ' _. _ ,... - --- --- Retain for the hfe of the fixnu. __ WATER AIVD SEWER ' -- - -- 1Cnrreapnndenoe and Memos _.-`-- ~ 3 years ~ Paper, I~ I j- - ~_ _ __ _. ---- - WaterandSawerProblems -- -- -._- , _~...- ~P .. - Digrtal ' C ~ i IPa er P _ _. ~ _ _ u_-.._...- ~ -.._.. W a¢er and Sewer Pernrits_ P__ ,Digital led by street address HydrantParmit ~2years IPrivateInstallationAgreements P Paper ;Wildwood Agreement for W & S f P ~Peper _~ _ - ICathodtc Ptrotection ~3 veers ~ SCADA System Curet ~ Paper ~ Source Water Assessments 1, 7 3 P Di~ttal _ Paper, _ Water Rights and Surveys _ _. --- '~~P Digttal 4 Paper _.. ..._ -...... -------- jPermitsandDrillingLoga _ fP (Di I _ _ _ _ --- I Paper I WaterUseReports Daily .._... ADEC Corres ondence Regulations P _ f- 6 eazs ~,Digrtal ~ J -- - __...- .... .___....-........... , p . ---- ! y -i - - T . -_...--- -.. ---- 5 years fotiowing the expiration of the !Records concemm a vanattce, exem tion g ~ p or IUnnl ex nes p variance or exemption. ADEC CFR Ref, w_ aiver granted to Che PWS . _-._.._.__._.. ± 5 ~ Paper ~ 141.33 i Keep actual lab reports or transfer the IMiorobiaF Analyses - Colifotm tests and chl ~ orine IPaper, I data to tabulaz summaries. ADEC CFR residnal reports _ _ ~~_5 years Di~rital Ref. 141.33 . ~Chemtcal Analyses-Inorganics, nitrate, nitrite, i _ flouride radionuclides VOC's, pesticides, Paper, Asbestos Arsenic, HAAS; TTHM 10 nears Di rte( ; ADEC CFR Ref 141.33 ~~ Same period~a5 records of analyses i - taken under fhe plan have Yo be kept. (Monitoringresults formiorq turbidity, Paper, and chemical analyses above) ADEC ,Monitoring Plans il0veazs Digital . CFR Ref. 147.,33 89 ' ( Systems must retain original records of !, al! sampling data and analyses, reporPS, surveys, letters, evaluations, schedules, ! State determinations, and any other ~ ' Paper, ~ i infonnation required by the rule for at !.. __ Lead. and Copper __ _ jl2_years ___~~--__ Di. it_al_ ; least l2 years.IISEPARegulations ' ~ ~ ____ 10 years after completion of the sanitary', Sanitary Surveys and related written. reports, Paper, survey involved ADEC CFR Ref. smruuazies and commm~rcafions i0 years Digital 141.33 ( 3 years after the last action taken for the Violations of primary drinking water regulations - ~ specific violation involved. ADEC CFR'. records of corrective actrons Taken by the PWS 3 years ---- Paper Ref. 141.33 ' ' Public notices in acoordance wtth 40 CFR 141 202! _ ! _~ J --- -- ---- 3 years after issuance ADEC CFR Ref X10 & App A,B,C ~ _ 3_ years Paper ~ . 14(,33 ___ Paper , ~. Consumer.Confidence Reports __ _ 10 years ~ Digital Emergency Response Plan and Water I Vulnerabthty Assessment _ ..Current Paper ; Water System Studies P __-- --- i Paper/PDF - ~ ~ 9® SEN3.0'R CEi®tTER 'OWNER -- SENIOR CENTER DIRECTOR _ ._ ... -- --- - J - i -- DEPOSITRECONCILIATIONS iCY !Paper - - __.- ;Department policy - vznn x ~c~Nrrrvrs I Ixai I army IL-~s - _ ___ _._._. STATE Retain 3 . :Years. FEllERAL I Retain until IC i Documents receipt of State or Federal monies and Federal. I ~i I, oonsists of applications, copy of notification of Audit is t grant award, agreemont, special conditions; fiscal completed or reports, closeout documents, report (audit, status, '3 years afer Per AS 09.10.053 Statute of Limitations rogress and compliance) and correspondence grant (Paper - ~~ is 3 ears. Y !Retention ~ _ _----- ~ -~~~~~ period rs until enrollee is ~I deceased or ~ i fi]e rs ~ inactive 5 ~ MEDICAREENROLLMENTFILES ,years Pa er .. - i Retam 2 , -...._..__~._.._... !years after i ~ tenant VINTAGE POINTE' MANOR !moves out of ~ Lease agreements facility. (Paper ~ ~ i 91 AGENDA KENAI CITY COUNCIL -REGULAR MEETING SEPTEMSER 3, 2408 7:dd P.M. KENAI CITY COUNCIL CHAMBERS htta: / /www.ci.kenai..ak.us ITEM A: CALL fi0 ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *A11 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. YTEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Phil Bryson, Wince-Corthell-Bryson -- Kenai River Special Management Area Boundary Research.. 2. Peter Mieciche, Conoco-Phillilss -- Presentation of Naming FeeJConoco- Phillips Multipurpose Facility. 3. Natasha Ala, Kenai Convention Sv Visitors Bureau anfl Tina BaI3ri3ge, Kenai Chaxn3aer of Comzaerce -- 2003 Guide to Kenai Advertising Request ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) Ordinance No. 2314-2005 -- 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. (C2erk's Note: Ordinance No. 2314-20D8 was postponed on June 4, 2008 to the August 6, 2008. At the August 6, 2D08 meeting, it was postponed io the September 3, 2008 meering. The motion to approve is active.) 2. Ordinance No. 2338-2005 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Dack Improvement Capitat Project Fund for Culvert Replacement. 92 3. Ordinance No. 2339-2005 -- Finding that Certain City-Owned Land, Identified as Tract A-l, Birch Fields Subdivision, Kenai We11 Addition, According to Plat No. 2008-30 on File in the Kenai Recording District, Third Recording District, State of Alaska, (KPS Parcel No. 041-030-51j, is Dedicated for a We21 Site and Other Public Facilities. 4. Ordinance No. 2340-2008 -- Amending KMC 14.20.200(a) (Accessory Structures) to Allow Accessory Structures No Larger Than Two Hundred (200) Square Feet in the Rear Setback and to Define One (1) Story Height. S. ®rdiaance No. 2341-2008 -- Increasing Esfimated Revenues and Appropriations by $198,000 in the Airport Fund and in the Runway Improvement Capital Project Fund for the Design of the Airport Apron Pavement Rehabilitation. 6. Ordinance No. 2342-2008 -- Increasing Estimated Revenues and Appropriations by $65,000 in the Airport Fund and in the Airport Equipment Capital Project Fund for the Purchase of Snow Removal Equipment. 7. Ordinance No. 2348-2008 -- Appropriating Five Thousand Bollars to Provide for Public Information in Support of Batiot Proposition A. a. Motion for Introduction b. Motion for Second Reading (Requires a Unanimous Vote) a Motion far Adoption 8. Resolution Na. 2008-47 -- Terminating the Project Entitled "Ames Road South LID Special Assessment District." (Clerk's Note: Resolution No. 2008-47 was substituted and subsequently postponed to September 3, 200$. The motion fo approve is active.) 9. Resolution No. 2008-55 -- Supporting the Creation of a U.S. Department of Peace. 10. Resolution No. 2008-56 -- Removing One Wooden Foam-Filled Tire Floating Dock From the List of Surplus or Obsolete Equipment, Supplies, and Materials. 11. Resolution No. 2008-5T -- Declaring Hurst Brand Extrication Equipment Surplus and Donating It to Bear Creek Fire Service Area. ITEM F: MINITTES 1. *Regular Meeting of August 20, 2008. ITEM G: 93 ITEM H: NEW BUSINESS Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 *Ordinanee No. 2343-2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Dune Rehabilitation 8v Conservation Capital Project Fund for Dune Rehabilitation, Signage and Fencing. 4. *Ordinanee No. 2344-2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Tidal Marsh Rehabilitation & Conservation Capital Project Fund for Tidal Marsh Rehabilitation. 5. *Ordinance No. 2346.2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Soccer Park Capital Project Fund for a Soccer Park Maintenance Building. b. *Ord'ananee No. 2346-2008-- Increasing Estimated Revenues and Appropriations by $73;030 in the Dune Rehabilitation 8s Conservation Capital Project Fund for Construction of Elevated Walkways and Fencing. 7. *Ordinance No. 2347.2008 -- Repealing the Existing KMC 1.15.040 and KMC 1.15.050(e) Regarding Preparation, Distribution a~zd Publication of the Agenda and Replacing Them with a New Section KMC 1.15.040 Entitled, Agenda and Packet - Development-Preparation-Distribution- Publicaticn-Late Materials. 8. *Ordinance 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. 9. Approvai -- Amendments to Library Regulations. ITEM I: COMM%SSION/COMMLTTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & 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 94 ITEltd %: City Manager Attorney City Clerk I'~EM L: Citizens (five minutes) Council ITEM M: PENIBING LEGFSLATL®N (This item lists Legislation which will be addressed at a later date as noted.) Resolution No. 2008-54 -- Establishing the Lower River Drift Baat Pull-Out as the Highest City of Kenai Priority for Capital Improvement Funding for Fiscal Year 2009 and 2010. (Clerk's Note: At the August 20, 2008 council meeting, Resolution No. 2008- 54 received a motion to approve, a motion to amend, and then was tabled to September 17, 2008. The motions to approve and amend are active.) -- City Manager Employment Agreement ITEM N: 95 I{ENA% CITY COUNCIL -REGULAR MEETING SEPTEMBER 3, 20D8 7:Q0 P.M. KENAI CITY COUNCIL CHAMSERS http: / /www.ci.lcenai.ak.us MAYOR PAT PORTER, PRESIDING 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-I. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A-2. ROLL CALL A quorum was present. Also present: Maya Johnson, Student Representative A-3. AGENDA APPROVAL MOTION: Council Member Smalley MOVED for approval of the UNANIMOUS CONSENT. Council Member Eldridge were no objections. SO ORDERED. A-4. CONSENT AGENDA MOTION: agenda and requested SECONDED the motion. There Council Member Swarner MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes} S-1. Phil Bryson, Wsnee-Corthell-Bryn®n -- Kenai River Special Management Area Boundary Research. 96 The City Clerk took roll. Present were: KENAI CITY COUNCIL MEETING SEPTEMBER 3, 2008 PAGE 2 Bryson reported he had been requested by the city manager to evaluate the boundary of the Kenai River Special Management Area (KRSMA), in the City of Kenai specifically. Bryson reviewed the information included in the packet and noted his recommendation for the City to purchase a title search. MOTION: Council Member Swarner MOVED to direct city administration to proceed as recommended in Phis Brysan's memorandum and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. There were no objections. 50 ORDERED. B-2. Peter Micciche, Couaco-Phillips -- Presentation of Naming Fee/Conoco- Phillips Multipurpose Facility. Micciche presented a signed agreement with Conoco-Phillips related to the multipurpose facility. B-3. Natasha Ala, Kenai Conventian & Visitors Bureau and Tana Baldridge, Kenai Chamber of Commerce -- 2009 Guide to Kenai Advertising Request Ala and Baldridge referred to information included in the packet and noted their collaborative effort in producing a "Guide to the City of Kenai" and requested the ciiq prOVid2 eight pages of:u'tfOrmatl0ii fOr tl"le'ooOklet at a CGBt Of ~lCi,UBt^i. It was noted, the deadline for purchase of the pages would be the end of September, and there was no money included in the budget for this advertising. Ala/Baldridge were requested to provide a sample to Koch. Koch was requested to include a resolution to transfer funds with a report attached. LTEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) Rod Nelson, Soldotna -- Discussed concerns with duck blinds along the flats of the river removed by the Department of Fish 8v Game, Parks 8v Outdoor Recreation. Council directed City Manager Koch write a letter to the Department of Natural Resources and request an explanation of their policy related to the duck blinds and request an exception on that area, allowing the hunters to continue to hunt. It was suggested copies of the letter be forwarded to the azea Isgislators and Governor. FTEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS -- None. 97 KENAI CITY COUNCIL MEETING SEP"T"EMBER 3, 2008 PAGE 3 ITEM E: PIIBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) E-1. Ordsnaace No. 2314-20Q8 -- Enacting KMC 23.55.080 Pro~riding for Longevity Pay of'l~o Percent (2%) for Certain Employees in Step CC in the City of Kenai Salary Schedule. (Clerk's Note: Ordinance No. 2314-2008 was postponed on June 4, 2008 to the August b, 2008. At'the Augusf 6, 2008 meeting, it was postponed to the September 3, 2008 meeting. The motion to approve is active.) 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: • Administration believed all jobs performed in the city have an appropriate salary range. • Administration suggested adding two additional ranges (DD and EE), with afive-year period between them. • Currently, eight employees would be affected and three would move to the final EE step. • Support stated for athree-year period between the two steps, but not five. • The ordinance, as written, would offer a bonus and would not affect PERS and would not change the market range. • Making a change to the vesting schedule should be discussed during a budget work session. • Concern this would be only a temporary fix, and should be a permanent solution. • Suggestion to postpone action to September 17, 2008 and have a substitute ordinance included on the agenda based on Administration's suggestion. MOTION TO POSTPONE: Council Member Eldridge MOVED to postpone Ordinance No. 2314-2008 to the next meeting. Council Member Ross SECONDED the motion. VOTE ON POSTPONEMENT: *Student Representative Johnson: Yes 98 KENAI CITY COUNCIL MEETING SEPTEMBER 3, 2008 PAGE 4 Bo le No Porter Yes Swarner Yes Smalle ~ No Eldridge Yes Ross ~ Yes Mollo j No MCbTION PASSED. It was noted, the substitute would include two-three year steps. E-2. Ordinance Na. 2338-2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Dock Improvement Capital Project Fund for Culvert Replacement. MOTIf?N: Council Member Swarner ME3VED for approval of Ordinance No. 2338-2008 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. It was noted, the funds would be used to reimburse the Watershed Forum for the culvert. V®TE: M43TION PASSED UNANIMQUSLY. E-3. ordinance No. 2339-2008 -- Finding that Certain City-Owned Land, Identified as Tract A-1, Birch Fields Subdivision, Kenai Well Addifion, According to Plat No. 2008-30 on File in the Kenai Recording District, Third Recording District, State of Alaska, (KPB Parcel No. 041-030-S1), is Dedicated for a Well Site and Other Public Facilities. Mf3TION: Council Member Eldridge M®VED to adopt Ordinance No. 2339-2008 and Council Member Swarner SECONDED the motion, 99 *Student Representative Johnson: Yes KENAS CITY COUNCIL MEETLNG SEPTEMBER 3, 2008 PAGE 5 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. VO2`E: *Student Representafive Johnson: Yes Bovle Yes Porter Yes Swarner Yes Smalley Yes Eldridge Yes Ross Yes Mollay Yes j MOTION PASSED i3NANIMOUSLY. E-~&. Ordinance No. 2340-20®8 -- Amending KMC 14.20.200(a) (Accessory Structures) to Allow Accessory- Structures No Larger Than Two Hundred (200) Square Feet in the Rear Setback and to Define One (1j Story Height. MOTION: Council Member Mollay MOVED to enact Ordinance No. 2340-2008 and Cauncil 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. Discussion followed with comments includuxg: • ,The Planning & Zoning Commission passed its original resolution and took no action on the substitute. • Because the Commission had been receiving a number of applications for variances, the ordinance would allow structures to be placed closer to the property line. MOTION TO AMEND: Council Member Molloy MOVED to amend, page 17, paragraph 3, line 2, after 200 s.f., adding "with no side or end longer than 16 feet,". Council Member Boyle SECONDED the motion. Comments included: • The Commission approved their Substitute A and addressed the 120 s.f. issue. • The Commission's concern was with the "unless the building official grants a waiver for good cause." Most of the discussion was with regard to the variance and was why the substitute was rejected. 100 KEIQAI CITY COUNCIL MEETING SEPTEMBER 3, 2008 PAGE 6 VOTE ON AMENDMENT: *Student Representative Johnson: Yes Bo le 'Yes Porter Yes ' Swarner No Smalley Yes Eldrid e No Ross Yes Mollo Yes MOTION PASSED. MOTION Td AMEND: Council Member Boyle MOVED to amend Item #3, page 19, by deleting "..., and not more than one story in height" and delete Item #7 and add a new #7, "a shed may be tall enough to provide for mezzanine storage, but not be so tall as to have a second story." Council Member Molloy SECONDED the motion. Council comments included: • A 4 x 12' roof would not provide for an upper story for storage, which could be of maximum benefit for the least amount of money. • Concern, if going to allow closer placement to a property line, a 12' height would give reasonable storage and access to an upper level without negatively affecting tl',? neighbors. • The Planning & Zoning Commission found the 12' height satisfactory and an application could be submitted for variance consideration. • Concern the amendment would make a considerable change to the ordinance and the public would not have the ability to speak to it. • Belief the amendment would not allow for unreasonable or unlimited height. VOTE ON AMENDMENT: *Student Representative Johnson: No Bo le Yes Porter No Swarner No ,Smalley - No ,Eldridge __ --- No - - Ross No ! Molloy , ~ No C ~ ~ ~ MOTION FAILED. VOTE ON MA%N AMENDED MOTION: 101 KENAI CITY COUNCIL MEETING SEPTEMBER 3, 2005 PAGE 7 *Student Representative Johnson: Yes Bo le Yes Porter Yes Swarner i Yes ~ Smalley... Yes __ - Eldridge Yes !Ross ~ Yew Molloy ~ Yes MOTION PASSED UNANIMOUSLY. E-5. Ordixtanee No. 2341-208 -- Increasing Estimated Revenues and Appropriations by $19$,000 il~ the Airport Fund and in the Runway Improvement Capital Project Fund for the Design of the Airport Apron Pavement Rehabilitation. MOTION: Council Member Eldridge MOVED to adopt Ordinance No. 2341-2008 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. MOTION TO AMEND: Council Member Swarner MOVED to amend the title, changing "Runway Improvement Capital Project Fund" to "Airport Improvement Capital Project Fund" and, in the appropriations section, change "Runway Improvement Capital Project Fund" to "airport Improvement Capital Project Fund" and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. VOTE ON AMENDMENT: There were no objections. 50 ORDERED. VOTE ON MAIN AMENDED MOTION: *Student Representative Johnson: Yes Bo le Yes Porter Yes Swarner ,Yes Smalley ,Yes Eldrid e Yes Rass ~ Yes ~ Molloy I. Yes I MOTYON 19ASSED UNANIMOUSLY. 102 KENAI CITY COUNCIL MEETING SEPTEMBER 3, 2008 PAGE 8 E-6. Ordinance No. 2342-2008 -- IncreasuZg Estimated Revenues and Appropriations by $65,000 in the Airport Fund and in the Airport Equipment Capital Project Fund for the Purchase of Snow Removal Equipment. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2342-2008 and Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. There were no council comments. VOTE: *Student Representative Johnson: Yes Bo ale Yes Porter Yes Swarner Yes ~ Smalley Yes Eldrid e Yes Ross ~ Yes ~ Molloy I Yes I MOTION PASSED UNANIMOUSLY. E-7< Ordinance No. 2348-2008 -- Appropriating Five Thousand Dollars to Provide far Public Information in Suppart of Ballot Proposition A. E-7a. Motion for Introduction MOTION TO INTRODUCE: Council member Swarner MOVED to introduce Ordinance No. 2348 and Council Member Smalley SECONDED the motion. The floor was opened for public hearing. Bob Peters, OId Town, Kenai -Questioned whether it was appropriate for council to appropriate funds to convince voters on the issue and felt the voter pamphlet would be enough, though he believed there should be an information mail out. VOTE ON INTRODUCTION: *Student Representative Johnson: Yes 103 KENAI CITY COUNCIL MEETIAiG SEPTEMBER 3, 2608 PAGE 9 Bo 1e Yes Porter Yes ~ Swanier Yes Smalley Yes Eldrid e Yes Ross Yes ~ Molloy ;Yes i l MOTIpN PASSED LTNANIMOtJSL'Y. E-7b. Mahon for 5ecand Reading (Requires a Unanimaus Votej MOTION: Council Merpber Swarner MOVED to have the second reading of Ordinance No. 234$- 2008 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. VOTE ON SECOND READING: There were no objections. Sp pRDERED. E-7c. Motion for Adoption MOTION: Council Member Swarner MOVED to adopt Ordinance No. 2348-2008 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. Discussion and. comments followed: • It was explained, State law required appropriation of funds be made specifically if the city would want to influence or take a position on an issue. + Council could send out an informational brochure. • Council was provided a draft of the information written to send to voters of the city. MOTION To AMEND: Council Member Molloy MOVED to remove "in support of in the eighth whereas paragraph, in the third line of the title, and in the "Now, Therefore" paragraph. Council Member Smalley SECONDED the motion. VOTE pN AMENDMENT: *Student Representative Johnson: Yes 104 KENAl CITY COUNCIL MEETING SEPTEMBER 3, 2008 PAGE 10 `TOTE ON MAIN AMENDER MOTION: *Student Representative Johnson: Yes A brief discussion followed related to the draft informational statement provided to council during which severest suggestions were made, i.e. length, additional council review>, etc. Consensus of council was to delegate the imatizafion of the information and proceed with the mailhig. E-$. Resolutian No. 2008-47 -- Terminating the Project Entitled "Ames Road South LID Special Assessment District." (Clerk's Note: Resolution No. 2008-47 was substituted and subsequently postponed to September 3, 2008. The motion to approve is active.) City Manager Koch requested several additional weeks to confinue discussions with the property owners and to investigate other options related to type of construction that could be more appropriate instead of asphalt due to the length of the. road and the number of groperty owners. Koch requested the resolution be postponed to September i7, 2008. The floor was opened for public hearing. ,Jerry Huf, 765 Ames Roac1, Kenai -- Spoke in opposition to the resolution, noting property values were over $4 Million on his side of the road; paving would lessen maintenance far the city; j l% of the property owners were in support of the LID; was willing to work with other property ow~lers with alternatives; the property owners had been working on the LID for three years; believes the city was obligated to the community to pave the road; and, the development of the large properties should pay more than a single property owner. 105 MOTION PASSET? UNANZNYOIISLY. MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING SEPTEMBER 3, 2008 PAGE I1 Greg Davis; 785 Ames Road, Renal -- Spoke in opposition to the resolution, noting it would be an expensive project, the road was needing to be paved, and the latest proposed cost was good (though not included in the packet). Koch noted the initial cost information provided was a year old, costs had changed, acid suggested a new packet of information be mailed to the property owners to see ff the property owners were still in support of the project. Bi11 Bryant, 325 Ames Road, Kenai -- Spoke in opposition to the resolution, noting he had talked with all the property owners who had signed the petition and they were all aware of the updated city manager's proposal, felt two property owners were holding the project hostage, and he would Like to move forward with tYce paving project. Koch again noted he wanted to provide an information packet to the property owners and meet with them. again and suggested the resolution be postponed to the October 1, 2008 meeting. MOTION TO POSTPONEc Council Member Ross MOVED to postpone Resolution No. 2008-47 to the second meeting in October. Council Member Eldridge SECONDED the motion. VOTE ON MOTION TO POSTPONE: Student Representative Johnson: Yes Boyle !Yes Porter Yes Swarner ;Yes Smalle ~ Yes Eldrid e Yes Ross j Yes ~ Molloy ~ Yes ~ ~ _ (_ ~ MOTION PASSED UNANIMOUS&Y. E-3. Resolution No. 2408-55 -- Supporting the Creafion of a U.S. Department of Peace. MOTION: Council Member Swarner MOVED to approve Resolution No. 2008-55 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. Discussion followed Frith comments including: 106 KENAT CITY COUNCIL MEETING SEPTEMBER 3, 2008 PAGE 12 • The resolution was changed by deleting references to HR808, though it would still endorse HR808; the implications of HR808 would not be known until after the bill comes out of committees, etc.; and currently, HR808 involved domestic areas, i.e. gun laws, domestic violence, treatment of animals, etc. • Suggestion the resolution be tabled until HR808 would come out of committees, congressional delegation reviews, and council could review. • Disagree with tabling as council. had voted on other issues in process. • Would prefer tabling in order for a substitute resolution be prepared to support the concept of peace. The floor ~cras reopened for public comment. Jackie Oberg, 406 Rogers Road., Kenai -- Reported on her involvement with the Peace Alliance and supported the resolution being based on the concept of peace. MOTION TO P05TPONE: Council Member Ross MOVED to table Resolution No. 200$-55 until it is reported out of committee and have some input received from the congressional delegation. Council Member Eldridge SECONDED the motion. VOTE ON MOTION TO POSTPONE: MOTION FAILED. MoTamN To PosTPONE: Council Member Smalley MOVED to postpone Resolution No. 2008-55 until such time that Council Member Swarner and perhaps the petitioner Ms. Oberg, meet with City Attorney Graves to draft a resolution that speaks to the intent and basically separates itself from the house bill. Council Member Swarner SECONDED the motion. VOTE ON POSTPONEMENT: *Student Representative Johnson: Yes Boyle ~ No ~ Porter Yes Swarner `Yes 107 *St„dent Representative Johnson: KENAI CITY COUNCIL MEETING SEPTEMBER 3, 2008 PAGE 13 Smalle 'Yes ' Eldrid e ~ Yes !, Ross ~ No i Mollov Yes i I I MOTION PASSED. BREAI£ TAKEN: 9:10 P.M. SACK TO ORDER: 4:2~& F.M. E-SO. Resolutiua No. 2008-56 -- Removing One Wooden Foam-Filled Tire Floating Dock Frnm the List of Surglus or Obsolete Equipment, Supplies, and Materials. MOTION: Council Member Smalley MOVED for adoption of Resolution No. 2008-56 and requested UNANIMOUS CONSENT. 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. A brief discussion followed with comments including: • Additional floats might be needed at the fire *saining grounds. It was not known whether the floats could be used there. • Administration was not opposed to removing all the floats and storing them until next year if not needed. MOTION: Council Member Eldridge MOVED to amend by changing references to "one" float to "five." Council Member Smalley SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Johnson: Yes VOTE ON MAIN AMENDED MOTION: Council Member Smalley requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. 108 MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING SEPTEMBER 3, 2008 PAGE 14 E-11. ,Resolution No. 2008-57 -- Declaring Hurst Brand Extrication Equipment Surplus and Donating Tt to Bear Creek Fire Service Area. MOTION: Council Member Smalley MOVED to adopt Resolution No. 2008-57. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. 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. ITEM F: MINUTES F-1. Regular Meetixag of August 20, 2008 -- Approved by consent agenda. ITEM Cr: UNFINISHED BUSINESS -- None. ITEM H: H-i. Buis to be Rats'ned MOTION: Council Member Smalley MOVED to ratify the bills and Council Member Eldridge SECONDED the motion. CouncIl Member Swarner requested UNANIMOUS CONSENT. . VOTE: There were no objections. SO ORDERED. H-2. Agproval of Purchase Orders Exceeding $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. 109 KENAI CITY COUNCIL MEETING SEPTEMBER 3, 2008 PAGE 15 VOTE: There were no objections. $O ORDERED. H-3. Ordinance No. 2343-2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Dune Rehabilitation & Conservation Capital Project Fund for Dune Rehabilitation, Sxgnage and Fencing. Introduced by approval of the consent agenda. H-4. Ordinance No. 2344-2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Tidal Marsh Rehabilitatian ~ Conservation Capital Project Fund for Tidal Marsh Rehabi>itation. Introduced by approval of consent agenda. H-5. 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. Introduced by approval of consent agenda. H-6. Ordinance No. 2346-200&-- Increasing Estimated Revenues and Appropriations by $73,430 in the Dune Rehabilitation & Conservation Capital Project Fund for Construction of Elevated Walkways and Fencing. Introduced by approval of consent agenda. H-7. Ordinance No. 2347.2008 -- Repealing the Existing KMC 1.15.040 and KMC 1.15.050(c) Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a New Section KMC 1.15.040 Entitled, Agenda and Packet -Development-Preparation-Distributicn- Pubflicatson-Late Materials. Introduced by approval of consent agenda. H-8. Ordinance No. 2349-200$ -- 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 &; Zoxvng Commission More Than Once in Any Nine Month Period. Introduced by approval of consent agenda. H-9. Approved -- Amendments to Library Regulations. 110 KENAI CI'T`Y COUNCIL MEETING SEPTEMBER 3, 2008 PAGE 16 MOTION: Council Member Smalley MOVED for approval of the amendments of the Library Regulations-as specified on pages 95-101 of the packet. Council Member Eldridge SECObTDED the motion and requested UNAPIIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. ITEM I: COMMISSION/COMMITTEE REPORTS I-l. Council on Aging -- Council Member Eldridge reported the next meeting was scheduled to be held on September 11, 2008. I-2. Airport Commission -- Council Member Molloy reported the August 14, 2008 meeting summary was included in the packet and the next meeting was scheduled to be held September 11, 2008. I-3. I3arbor Commission -- Council Member Boyle reported the next meeting was scheduled to be held on Monday, September 8, 2008. I-4. Lilarary Commission -- Council Member Smallay reported on discussions and actions take at the September `2, 2008 Commission meeting, including holding of a library expansion fundraiser and requested administration to work with the Friends of the Library, Library Commission and the City. Koch noted, the city would have to take a leadership role in the fundraising effort for the $400,000 match which needed to be made by June 1, 2009. I-5. Parks & Recreation Commission -- Council Member Eldridge noted a special meeting had been scheduled for September 4 and the next regular meeting would be held October 2, 2008. I-6. Planning 8c Zoning Commission -- Council Member Ross reviewed actions and discussions taken at the August 27, 2008 meeting, noting the meeting minutes were included in the packet. I-?. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- Council Member Swarner reported Mayor Porter would attend the next regular meeting scheduled for September 9, 2008. 111 KENAI CITY COUNCIL MEETING SEPTEMBER 3, 2008 PAGE 17 I~7b. Alaska Municipal League Report -- Council Member SmaIley gave a brief update of discussions/actions taken at the AML summer meeting in Wrangell. I-7c. Mini-Grant Steering Committee -- No report. ITEM J: REPORT OF TIIE MAYOR -- Mayor Porter noted the following: • she attended Industry Appreciation Day and the Old Timers' luncheon. • She traveled to Seward with the Alaska Cruise Associafion. • .She attended the Wal-Mart grand opening. • Attended the luncheon for Bob Springer, the former Building Official. ITEM K: ADMINISTRATION REPORTS K-I. City Manager -- City Manager Koch noted the following: • 'The current fencing on the north and south shores would be removed beginning September 15. For next summer the south side would have similar fencing and the north shore hopefully would have permanent fencing. • Hope to have a dip net report forwarded to council by the second meeting in October. • Requested a work session be scheduled to discuss subsystem water system improvements with the consultant. A work session was scheduled for 5:30 p.m. on October 1, 2008. Alight dinner was requested. • Complimented Building Official Bob Springer on his years of service to the city, riatmg Yie had never received aamplazr-zts from contractors related to hxs working with them; he had been diligent and professional in his applications of building codes, etc.; and, his leaving the employ of the city would be a great loss. Council Member Ross noted, in his relationship with Springer, both professionally and personally over the years, Springer was exceptional with the way he worked with people and he did an outstanding job for the city. Council Member Swarner agreed. K-2. Attorney -- No report. K-3. City Clerk -- Reminded council of the work session scheduled far 5:00 p.m., September 17, 2008 to formulate the city's FY09 capital improvement list. ITEM L: DISCIFSSION L-I. Citizeass -- I3ob Peters, Old Town, Kenai -- Noted the following: • Asked ff there were plans to build a permanent fence to protect dunes on the north beach. Koch answered yes. 112 KENAI CITY COUNCIL MEETING SEPTEMBER 3, 2008 PAGE 18 • Suggested the informational mailing to voters be in letter form and felt the issue may need more of an explanation. L-2. Council Sayie -- No comments. Moiioy -- No comments. Ross -- No comments. Johnson -- Reported the KCHS Homecoming would be held in two weeks. Etdriiige -- Thanked the city for supplying "big toys" for Industry Appreciation Day. Smalley -- Noted the following: • He also attended the Old Timers` luncheon. • ,Library circulation was up five percent from August 2009. + He attended the Springer luncheon and noted, Springer was an asset to the city and would definitely be missed. Swarner -- Noted the following: • She attended the Old +amers' luncheon. Reported she thought the city was looking very good. Reminded all of the Food Bank Soup Supper to be held September 13, 2008. Porter -- Noted the information article related to the Kenai airport. STEM M: PEPiDING LEGISLATION (This item tisfs legislation which will be addressed at a later date as noted.) Resolution Na. 20B$-54 -- Establishing the Lower River Drift $oat Pull-Out as the Highest City of Kenai Priority for Capital Improvement Funding far Fiscal Year 2009 and 2010. (Clerk's Note: At the August 20, 2008 council meeting, Resolution No. 2008- 54 received a motion to approve, a motion to amend, and then was tabled to September 17, 2008. The motions to approve and amend are active.) -- City Manager Employment Agreement MOT%ON: 113 KENAS CITY' COUNCIL MEETING SEPTEMBER 3, 2008 PAGE 19 Council Member Swarner MOVED to convene in an executive session of the Council of the City of Kenai concerning the City Manager Employment Agreement, a matter that would tend to prejudice the reputation and character of another. Council Member Smalley SECONDED the motion.. VOTE: Bo le Yes (Porter Yes Swarner Yes Smalley Yes ~ Eldridge i Yes Ross Yes Malloy Yes MOTION PASSED UNANIMOUSLY. CONVENE IN EXECUTIVE SESSION: 10:20 P.M. BACK TO ORDER: 10:58 P.M. Council Member Swarner reported the council was directing City Attorney Graves to prepare a contract for the city manager after consulting with the mayor. ITEM N: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 11:00 p.m. Minutes submitted by: Carol L. Freas, City Clerk The student may cast advisory votes on alt matters except those subject to executive session discussion. Advisory votes shall be cast prior to the official council vote and shalt not affect the outcome of a vote. Advisory votes shall be recorded in the minutes. Student representatives may not move or second items during a council meeting. 114 ~ M O ® OY 9p W ~ ~ f~ D W U Z z ~ ~ d S Lfl ~ F- (,j J Q ~ j F tti B: (73 N a O Q ' p ~ a a t% .~ is j o ti (,3 ~ Z W A Q ~ ~ ~ ~ ~ y W fA C - U ' S R A. W W o fn o .. ca ~y " .es ~ r ~ t9 W ~ U ~ ~ W ~ J t- ~ =~ ~ W !11 ~ "~ v ~ ~ 0 n . y ¢ z 115 ~ °o ~ O_ 6 M rn z z ~ ~ o w z ¢ w Q ~ 1- ~ ~ Q a o ~ v W 2 p W Z N p W ~ Z ~ ° m a wa o ° g ~ z d ° a en ~ ~ a w ¢ , ~ w ~ N ~ o o h ~ c at as ® ~ " ~ ~ ~ W W ~ J1 J ~ O 2 ~ ~ U ate. c~> z > z ~ 11 a N p 4 N n d m a6 n m N N © O 7 ° m N ~ to ~ N ~' ( ` ,, U ~ K H ~ Q a ' ' ~ `~~ w z z wy a ~~ ~w 0 ° ¢S o~ LL } N 2 U~ 4 o. a W~ ~ ~ D u h iZ ~ A~ ~a f 0~ a ~~ J ~ h ~ ~ Z m Z ~ ~ ~ ~ ~ a~ °z z a W o ao ¢ z m W ~ J d' W _ K ~ w Z p V W ~yj a z a N ~ z •, Suggested by: Administration tyeuh'°F CITY OF KENAI t{ENA~ SKA ORDINANCE NO. 2350-2008 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 Aging 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 $600 less than the original budget; and, WHEREAS, it is in the best interest of the City of Kenai to adjust the Senior Citizen 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 $10,485 State of Alaska Title III Grant 4.336 Decrease Estimated Revenues: United Way <600> $14221 Increase Appropriations Access - Of£ce Supplies $400 Operating Supplies 8,000 Transportation 2,400 Books 221 Congregate Meals -Small Tools 2,000 Repair 8v Maintenance 1,200 14 22 New Text Underlined; [DELETED TEXT BRACI{ETED~ 117 Ordinance No. 2350-2008 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of October, 2008. ATTEST: PAT PORTER, MAYOR Carol L. Freers, City Clerk Introduced: September 17, 2608 Adopted: October I, 2008 Effective: October I, 2008 Approved by Finance:_~~..~, (09/08/2008) hl New Test underlined; DELETED TEXT BRACKETED) 118 -.~ ~„~~~. ~- -~ :-~ ~f//_~/: tlae cityof~ // ri~l/Gle G~'G~6? G~ P~~t, tiGt~ i~/Gr~d1 (.~ a~GttLEY~'®/ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 /Fax: (907} 283-3014 wvvw.ci.kenai.ak.us TO: Mayor and Council Members FROM: Carol L. Freas, Cit Clerk DATE: September 10, 20 RE: OCTOBER 7, 2008 CITY GENERAL ELECTION Precinct Etectian Baadd Approval Canvass Baar€Z Appointment Following are the people who have agreed to work on the Election Boards for Precincts 1, 2, and 3 in the City of Kenai. Kenai loo. 1, 33/210 Kenai lva. 2, 33/220 Kenai rio. 3, 33/730 M Tro Castimore, Chair Lucille Barton, Chair I, Kari Mohn, Chair i Vir 'nia Walters Dallas Armstron i Mary Estes Mary Quesnel ' _ Deborah A. FulIinck Rubv Christopherson Dean Jack Castimore ~ Patricia G. Robinson_ ~ ~ Lila Mae Schroeder Richard Huliber lHiiernate ' Betio J. Glick ~ ^~ iuavid A. lllerriii As required by KMC 6.05.040, all the persons listed are qualified voters of the City. KMC 6.05.040 also states the City Council appoints the members of the election boards. Does Council usish to appoint these persons as election board members,r'or the October ?, 2008 City of Kenai electian? Additional information: KMC 6.05.120 establishes a Canvassing board, designates the City Clerk as its Chair, and consisting of the Chair of each precinct board (or ff needed, another election judge from the same precinct as a substitute), and up to five additional judges selected from among the qualified voters of the City. 119 The Canvass Board will consist of the Following people: EMPLOYMENT AGREEMENT BETWEEN CITY OF KENAI and RICK KOCII This employment agreement, made and entered into this _ day of 2008; by azzd between the City of Kenai, State of Alaska, a municipal corporation, hereinafter called "the City," and Rick Koch, hereinafter called "Employee," both of whom understand as follows. RECITALS 1. The City desires to employ the services of Employee as City Manager of the City; and 2. It is the desire of the City to provide certain benefits, establish certain conditions of employment, and to set working conditions of Employee; and 3. Employee desires to accept employment as the City Manager of the City. NOW, TIIERErORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: SECTION 1: ir<'lRPLOI'EE ENYPLOYMENT AND DtiTIES The City hereby agrees to employ Employee as City Manager of said City to perform the funefion and duties specified in the Charter of the City of Kenai and the Kenai Municipal Code, and to perform such other legally permissible and proper duties and fmzctions as the City Council shall from time to time assign. SECTION 2: TERM, DISCILARGE AND RESIGNATION A. TERM This Employ~raent agreement shall have a term commoneing March 6, 20t?9 and ending March S, 2012, hereinafter the termination date. Employee agrees to remain in the exclusive employment of the City until said termination date mnless this Employnxent agreement is earlier terminated as hereinafter provided. Employee's term of employment shall end. automatically on the termination date of this contract unless the term of employment has been extended by mutual agreement in a duly authorized written contract. Employee acknowledges that he has been provided with and read the case of Ramsey v Sand Point, 936 P.2d 126 (Alaska 1997). Employee acknowledges that as part of the consideration of this contract he has agreed to waive that portion of Section 3-1.{a} of the TCenai City Charter EMPi,OYMEIs"f AGREEMENT -Page 1 of 7 EMPLOYEE CITY -_ 120 which provides that the City Manager is appointed for an indefinite term and accepts the term period of employment as set forth in this Agreement. Nothing in this Agreement prevents the parties from extending the term of this contract by mutual agreement. B. DISCHARGE Employee acknowledges that he has been provided with and read the case of Ramsey v. Sand Point; 936 P.2d l26 (Alaska 1997). The Employee acknowledges that as a part of the consideration of this contract he has agreed Co waive Section 3-1(b) of the Kenai City Charter, Due to the peculiar nature of the City Manager position in that it involves dealing on behalf of the City in various fields and the involvement of the City Manager in many different projecfs, it is agreed that the City's business can only succeed. if the City Manager and the City Council enjoy a working relationship based on mutual respect, trust and positive attitudes. It, therefore, may be impossible to quantify "poor performance" or `just cause" for termination given these complexities, which often involve personality factors, as opposed to legal or contractual factors. It is, therefore, the intent of the parties to provide for termination by the Employer without resort to any determination of cause. The Employee agrees that he is an at-will employee-serving at the pleasure of the Kenai City Council He may be suspended or discharged without advance notice and without cause at any time during a lawfulty scheduled meeting by a vote of at least four members of the Council. No disciplinary action, suspension or termination of the City Manager by the Council may be appealed to the Arbitration PaneUPersonnel Board. C. RESIGNATION Eniployce may terminate thrs Agreement for spy reason, or ne stat/d reason, »per: g.v:ng ninety (90) calendar days written notice to the Employer, In the event the Employee voluntarily terminates employment, the City shall be under no obligation to the Employee except to pay salary and benefits; including accrued leave, to the date the resioonation is effective, less the amount of azry unpaid balance owed to the City by the Employee. SECTIaN 3: SEVERANCE PAY As parC of the consideration given the Employee to waive Section 3-(1) (a) and (b) of the Kenai City Charter as described above in Section 2, the City of Kenai agrees to provide the following severance package. In the event the Employee is terminated by the City Council during such time as the Employee is wffling acid able to perform the duties of City Manager, the City shall give the Manager ninety (90} days of severance pay. Severance pay shall constitute a Iump sum cash payment equal to the monetary value of all pay and benefits provided for the period of severance pay due, except that the City shall pay directly for the Manager's city-sponsored health insurance for sixty (60) calendar days after separation under COBRA. Employee shall be entitled to accrued Leave as of the date of separation. EMPLOYMENT AGREEMENT -Page 2 of"7 EMPLOYEE _ CITY 121 Non-renewal of this contract after expiration of its Perm shall not entitle the Employee to any severance pay. SECTION 4: SALARY AND REVIIEW A. SALARY During the term of the contracf, the Ciiy agrees to pay Employee for services rendered pursuant hereto an annual base salary of one hundred and twenty-five thousand ($125,006) payable in installments at the same time as other employees of the City are paid. B. REVIEW The City'agrees to review Employee's performance annually. SECTION 5: HOURS OF WORK Employee is exempt from the provisions of the Fair Labor Standards Act and. shall not ba bound to a work week of any set number of hours. Employee is expected to work. as many hours as the responsibilities of his position requires. As a result, Employee shall not be paid overtime or allowed to accrue compensatory time. SECTION 6: AUTOMOBILE The City and Employee agree that KMC 23.30.110(c) shall not apply to Employee. The City shall provide an automobile allowance in the amount of four hundred dollars ($400) per month in lieu of a City vehicle. The manager is responsible fox paying fox liability and other insurance and for repairs and rnaintenanoe of his automobile. Employee shall provide a certificate of insuruice showing coverage while using the vehicle in the course of employment with the City. Liability coverage of not less than THREE HUNDRED THOUSAND DOLLARS ($300.000.00) per occurrence and a minimum annual aggregate limit of the same amount shall be provided. The City reserves the right to provide a vehicle for exclusive use of the Employee in lieu of a monthly vehicle allowance. SECTION 7: PROFESSIONAL DEVELOPMENT A. PROFESSIONAL ASSOCIATIONS The City agrees to budget and to pay the travel uid subsistence expenses of Employee for professional and official traueL meetings, and ooaasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other functions for EMPLOYMENT .AGREEMENT -Page 3 of 7 EMPLOYEE CITY 122 the City, including, but not limited to, the annual conference of the International City Management Association, AML, Alaska City Management Association, and such other committees thereof which Employee serves as a member with City Council approval. PROFESSIONAL DEVELOPMENT The City agrees to budget and to pay for fhe travel. and subsistence expenses of Employee for short courses, institutes azid seminars that are necessary for leis professional development and for fhe good of the City as approved by the City Council. SECTION 8: GENERAL EXPENSES The City recognizes that certain general expenses of anon-personal and job-affiliated nature will be incurred by Employee, and hereby agrees to reimburse or to pay said general expenses provided claims supported by receipts (when available} are duly submitted to the City. SECTION 9: CIVIC CLUB MEMBERSHIP The City recognizes the desirability of representation in and before local civic and other organizations, and Employee is authorized to become a member of such civic clubs or organizations as deemed appropriate at Employee's ovum expense. The Employee is eneouxaged to take an active role in the community. SECTIOl\T 10: RETIREMENT & BEl\TEFITS The Employee shall be bound or receive the benefits of the following sections of the Kenai Municipal Code: KMC 23.25.050 (Pay Day); KMC 23.25.060(d) (Exemption from the Fair Labor Standards Act); KMC 23.30.110(b) and {d} (Travel Ex.pense); KMC 23.020 (Holidays); 23.030 (Annual Leave); 23.040 (Terminal Leave); 23.060 (Leave of Absence urith Pay); 23.070 {Eduoational Opportunities); 23.080 (PERS Retirement}; 23.095 {Supplemental Retirement); 23.100 (Social Security); 33.110 (Industrial Accidents); 23.120 (Medical and Hospital Insurance); and 23.130 (Family Leave). SECTION II: RESIDENCY As required in Section 3-1(a) of The City Charter, the Employee shall reside within the city limits of Kenai during her tenure of office. The Employee shall maintain a publicly listed telephone number at home with a device far recording messages when unable to answer the phone. Other telephone equipment may be provided according to need after consultation with the Council. SECTION I2: OTHER TERMS AND CONDITIONS OF EMPLOYMENT EMPLOYMENT AGREEMENT -Page 4 of 7 E'_VtPLOYEE CITY 123 The City shall fix any such terms and conditions of employment, as it may determine from timeto- time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Employment Agreement, the City Code or any othea• applicable law. SECTION' 13: CONFLICTS OF INTEREST The Employee shall be sensitive to both conflicts of interest and the appearance of conflicts of interest between the duties of the City Manager said the Manager's personal conduct and shall be sensitive to the activities of members of the Employee's immediate family that are within his control. When in doubt, the Employee should consult in advance of any problem coming up. SECTION IQ: GENERAL PROVISION'S A. ASSIGNfv1ENTS AND SUBCONTRACTS None of the sums due or to become due, nor atay of the work Co be performed under this Employment Agreement by Employee shall be assigned to any third party without the prior written consent of the City. B. APPLICABLE LAW This Employment Agreement shall be deemed to have been entered into and shall be construed and governed, except with respect to conflict of taws, in accordance with the laws of the State of Alaska. C. WAIVERS Failure of either party to insist, in any one or more instances, upon the performance of any of the terms, covenants, or conditions of this EnaploymenC Agreement or to exercise any right hereunder, shall not be construed as a waiver or relinquishment of the future exercise of such right, but the obligation of the other party with respect to such future performance shall continue in full force and effect. D. SEVERABILITY The invalidity or unenforceability of any particular provision of this Employment Agreement shall not affect the other provisions, and this Employment Agreement shall be construed in all respects as if such invalid or unenforceable provision or provisions were omitted. E. AMENDMENTS EMPLOYMENT AGREEMEI~TT -Page 5 of 7 EMPLOYEE CITY 124 This Employment Agreement may not be amended, modified, released, discharged, supplemented, interpreted or changed in any manner except by written instrument signed by duly authorized. representatives ofboth parties. F. HEADINGS The headings utilized herein are provided as aids in referencing provisions of this Employment Agreement, but shall not be utilized in interpretation, or construction of terms and conditions of it. G. MERGER This Employment Agreement contains the entire and only understanding or agreement between the parties in relation to the subject matter herein. Any representations, provision, undertakings or conditions hereof not contained herein shall be of no effect and shall not be bolding on either P~3'• IN WITNESS WHEREOF, the City of Kenai, on a vote of its City Council, has caused this Employment Agreement to be signed and executed in its behalf by its Mayor and duly attested by its City Clerk, and the Employee has signed this Employment Agreement, on this _ day of 2008. CITY OF KENAI Pat Porter, Mayor ATTEST: Carol L. Frees, City Clerk SEAL: EMPLOYEE Rick Koch APPROVED .AS TO FORM: Cary R. Graves, City Attorney EMPLOYMENT AGREEMENT -Page 6 of 7 125 EMPLOYEE _ CITY KENAL AIRPORT COMMISSION sEPTEMBERaI>~oos KENAL CITY COUNCIL CHAMBERS 7:DD P.M. AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL YTEM 3: APPROVAL OF MEETING SUMMARY -- August 14, 2008 YTEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINE55 a. Discixssion -- Float Plane Basin Development -- Casey Madden of Wince, Corthell 8r, Bryson b. Discussi®sa -- Minimum Standards for Fueling Operations & Fuel Storage ITEM 6: ITEM T: REPORT a. Comrnission Chair b. Airport Manager a City Council Liaison ITEM $: COMMISSYONER COMMENTS AND pUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION YTEMS a. Kenai City Council Meeting Action Agendas for August 20 and September 3, 2008. b. Ordinance No. 2341-2008 c. 'Ordinance No. 2342-2008 d. August 2008 Enplanement e. August 2008 Float Plane Basin Activity Report f. Alaska Business Monthly -- August 2008 -- "Projects Take Off at Rural Airports" ITEM 1P: 126 KENAI AIRPORT COMMYSSION SEPTEMBER 11, 200$ KENAI CITY COUNCYL CHAMBERS 7:00 P.M. MEETING SUMMARY' ITEM 1: CALL TO ORDER AND ROLL CALL The meeting u~as called to order at approximately 7:05 p.m. Roil was confirmed as follows: Commissioners present: J. Zirul, C. Versaw, and E. Mayer Commissioners absent: J. Bielefeld, H. Kanekstedt, D. Haralson, and L. Porter Others present: Airport Manager M. Bondurant No quorum ITEM 2: ITEM 3: YTEM 4: ITEM 5: a. b. ITEM Ei: ITEM 7: a. b. c. ITEM 8: ITEM 3: ITEM 10: AGENDA P_PPRO'VAL APPROFTAL OF MEETING SUMMARI' -- August 14, 2008 PERSONS SCHEDULED TO BE HEARD OLD BUSINESS Discussion -- Flaat Plane Basin Development -- Casey Madden of Wince, Corthell & Bryson Discussion -- Minimum Standards for Fueling Operations 8v Fuel Storage NEW BUSINESS REPORT Commission Chair Airport Manager City Council Liaison PERSONS NOT SCHEDULED TO BE HEARD a. Kenai City Council Meeting Action Agendas For August 20 and September 3, 2008. b. .Ordinance No. 2341-2008 c. Ordinance Na. 2342-2008 d. August 2008 Enplanement 127 e. August 2008 Float Plane Basin Activity Report f. Alaska Easiness MontYzly -- August 2008 -- "Projects Take Off at Rural Airports° ITEM 21: Due to a lack of quorum, the meeting was adjourned at approximately 7:15 p.m. Meeting summary prepared and submitted by: Carol L. Freas, City Clerk AIRPORT COMMISSION MEETING SEPTEMBER 11, 2008 PAGE 2 128 KENAI HARBOR COMMISSION MEETING SEPTEMBER 8,2008 CITY COUNCIL CHAMBERS 7:0o P.M. AGENDA ITEM l: CALL TO ORDER &s ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SU Y -- August 11, 200$ ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS a. Discussion -- Capital Project Recommendation ITEM 7• REPORTS a. Director b. City Council Liaison ITEM 8: COMMISSIONER COMMENTSIOUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEF".:Iv: INFORMATION a. Kenai City Council Action Agendas of August 6 and 20, 2008. ITEM lI: ADJOURNMENT 129 I~ENAI HARBOR MEETING SEPTEMBER $, `LOOS CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR TOM THOMPSON, SIDING MEETING SUMMARY ITEM 1: CALL 'TO ORDER & ROLL CALL Chair Thompson called the meeting to order at approximately 7:00 p.m. Ro11 was confirmed as follows: Commissioners present: P, Morin, B. Osborn, G. Foster, A, Poynor, D. Gregory, T. Thompson, R. Peters Others present: Parks 8, Recreaflon Director B, Frates, Public Works Director W. Ogle, Council Member M. Boyle, Mayor P. Porter A gixorum. was present. ITEM 2: AGENDA APPROVAL The agenda was approved as presented. ITEM 3: APPROVAL OF MEETINrx SUMMARY -- August 11, 2008 The meeting summary of August 11, 2008 u~as approved as submitted. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None ITEM S: OLD BUSINESS -- None ITEM 6: 6-a. Discussson -- Capital Project Recommendation Thompson introduced the 2010 Capital Improvement Project list for discussion. Frates noted the Bluff Erosion/Stabilization Project was a high priority with citizens and administration. MOTION: Commissioner Morin MOVED to rank the projects as follows: 1. Kenai River Bluff Erosion/Stabilization 2. Cathodic Protection System 3. .Lower Kenai River Drift Boat Pull-Out 4. Kenai Dunes Heavy Use Area Protection Project 5. Concrete Ramp Replacement 130 Commissioner Gregory SECONDED the motion. VOTE: Morin YES ;Osborn YES Foster YES Foynor YES Gregory YES Thompson ; YES Peters ~ YES ~ MOTION PASSED UNANIMOUSLY. %TEM 7• REPORTS 7-a. Dnrector -- Frates noted the dock facility was being winterized, buoys were being picked up, and remaining floats would be left out to accommodate duck hunters and sport fishermen. 7-b. City Ccsuneil Lsasson -- Boyle addressed the Kenai River Special Management Area dispute regarding the City boundary in the lower Kenai River and commended the commission fnr their efforts related to the drift boat pull-out. ITEM 8: COMMISSIONER COMMENTS/QUESTIONS -- None ITEM 9: PERSONS NOT SCHEDULED TO EE HEARD -- Nane ITEM 10: 1Q-a. 'Kenai City CauncIl Action Agendas of August 6 and 20, 2008. ITEM 11: ADJOURNMENT MOTION: Commissioner Osborn MOVED to adjourn and Commissioner Morin SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting adjourned at appra::imately 8:00 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Hall HARBOR COMMISSION MEETING SEPTEMBER 8, 2008 PAGE 2 131 I{ENAT LIBRARY COMMISS%ON KENAI COUNCYL CHAMFERS SEPTEMBER 2, 2008 7:00 P.M. AOENDA ITEM I: CALL TO ORDER & ROLL CALL ITEM 2: AOENDA APPROVAL ITEM 3: APPROVAL OF MEETINCx SUMMARY -- August 5, 2008 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion -- Rasmuson Tier II Grant/Fundraising b. Discussion -- Gates Foundation Grant ITEM 6: NEW BUSINESS a. Discussion/Recammendation -- 2010 Capital Project Requests b. Discussion -- UpdateJAutomation System Upgrade c. Discussion -- Invitation to LegislatorsJAttend Commission Meeting ITEM 7: REPORTS a. Director b. Fends of *be Libra~;r c. City Council Liaison ITEM 8; COMMISSION COMMENTS/OUESTIONS YTEM 9: PERSONS NOT SCHEDULED TO BE HEARD YTEM 10: INFORMATION a. Kenai City Council Action Agendas of August 6 and 20, 2008. ITEM 11: ADJOURNMENT 132 KENAI LIBRARY COMMLSSION I{EN~AIyC~OIIggNCIL CryI~i~AypMBpERS 4EY' iEiYYB/~ER~Lgy LV®O 7:®4 P.diA. CHAIR EILEEN BRYSON, PRESII?ING ITEM 1: CALL TO ORDER & ROLL CALL Chair Brysan called the meeting to order at approximately 7:02 p.m. Roll was confirmed as follows: Commissioners present: K. Heus, E. DeForest, E. Bryson, R. Peters (arrived at 7:07 p.m.) M. Graves, C. Brenckle, C. Cook Others present:. Library Director M. Joiner, Council Member H. Smalley A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Commissioner Brenckle MOVED to approve the agenda as presented and Commissioner Cook SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- August 5, 2008 *~IOT.TON: Commissioner Brenckle MOVED to approve the meeting summary of August 5, 2008 and Commissioner Cook SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM S: OLD BUSINESS 5-a. Discussion -- Rasmuson Tier II GrantJFundraising Library Director Joiner reported on the grant applications and fundraising plans to date, noting the City Manager's plan to add a fireplace and sell tiles. Comments included: • A fundraiser was proposed for November and a larger fundraiser perhaps at the Challenger Center. • Draft appeal letters were written, brochures could be created, and the ability to accept credit card donations on a new website. 133 5-b. Ds`scesssion -- Gates Foundation Grant Joiner noted the following: • A condition of the recently received Gates Foundation grant was for her to attend atwo-day workshop. • An invitation was also received for two community representatives to attend the workshop. • The Gates Foundation would pay for all expenses. • After consultation with Mayor Porter, Sal Mattero and Chris Cook would attend. ITEM 6: NEW BUSINESS 6-a. Discussion/Reconamenflafson -- 2010 Capital Project Requests Joiner reported City Council would hold a work session on the Capital Projects list at 5:00 p.m. on September 17, 2008. MOTION: Commissioner Brenckle MOVED the Library Commission request the Library Expansion project be one of the highest priorities on the City, State and Federal Capital Improvements List for 2010. Commissioner Cook SECONDED the motion. There were no objections. SO ORDERED. 6-b. Discussion -- Update/Automation System Upgrade Joiner reported she had received a quote for a migration from Sirsi Dynix Horizon to Sirsi Dynix Symphony that would save the city approximately $5,000 per year. MCS A'Iv18: Commissioner Brenckle MOVED to encourage the Director to pursue purchase of software and hardware to implement a time management system either as a capital improvement or a budget item. Commissioner Cook SECONDED the motion. There were no objections. SO ORDERED. E-c. Discussion -- Invitation to Legislators/Attend Commission Meeting MOTION: Commissioner Brenckle MOVED to request Council Member Smalley to extend an invitation to the Council and the legislators to the December meeting to discuss SB19 as a funding mechanism. Commissioner Cook SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: REPORTS LIBRARY COMMISSION MEETING SEPTEMBER 2, 2008 PAGE 2 134 7-a. Darector -- Joiner reviewed the monthly report and reported an the proposal from Story Corps, Z-b. ,Friends of the Library -- Heus noted all commissioners had received copies of the minutes of the last Friends of the Library meeting. ?-c. City Couraci% Liaison -- Smalley reviewed the action agenda items from the Council meetings on August 6 and 20, 2008. He invited Commissioners to attend a retirement barbecue for Bob Springer an September 3, 2008. %TEM S: COMM%SSION COMMENTSf OLIE'"9T%ONS Cook -- Noted the Commission needed to be more proactive in the capital campaign. Brenek%e -- Agreed with Cook, noting it would be good to include high school students. Peters -- Repeated his recommendation that commissioners attend the Friends of the Library meetings. Graves -- Agreed with Coak, noting a dance fundraiser could be sponsored. DeForest --Would like to see a large kick-off fundraising event. %TEM 4: PERSONS NOT SCHEDULED TO 1~E HEARD %TEM 10: %NFORMATION 10-a. I{enai City Council Action Agendas of August 6 and 20, 2008. %TEM 11: ADJOURNMENT MOT%ON: Commissioner Brenekle MOVED to adjourn and Commissioner Cook SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:20 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk LIBRARY COMMISSION MEETING SEPTEMBER 2, 2008 PAGE 3 135 SPECIAL MEETING KENAI PARKS 8c RECREATION COMMISSION SEPTEMBER 4, 2008 CITY HALL COYTNCIL CHAMBERS 7:OC P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: NEW BITS%NESS a. Discussion/Recommendation -- Capital Improvement Project List Input ITEM 4: ADJOIIRNMENT 136 SPECIAL MEETING KENAI PARKS & RECREATION COMMISSION SEPTEMBER 4, 2008 CITY BALL COUNCIL CFiAMSER5 T:00 P.M. CHAIR DALE SANDAHL, PRESIDING MEETING SUMMARY ITEM I: CALL TO ORDER & ROLL CALL Chair Sandahl called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: D. Sandahl, F. Kiefer, K. McDonald, J. Beeson Commissioners absent: A. Hull, T. Wortham, L. Magiera Others present: Parks 8s Recreation Director B. Frates, Public Works Duector W. Ogle, Mayor P. Porter A quorum was present. ITEM 2: AGENDA APPROVAL The agenda was approved as presented. ITEM 3: NEW BUSINESS 3-a. Discussion/Recommendation -- Capital Improvement Project List Input Sandahl reciuested consideration of Resolution No. 2008-54, requesting the State of Aiaska to establish a laver Kenai Fiver drift boat pull cut as a 1-,igh priority far State/Federal funding. Beeson suggested removing the drift boat pull out from the list as it was supported in Resolution No. 2008-54. The Capital Improvement Project list was reviewed discussed and prioritized as follows: CAPITAL IMPROVEMENT PRIORITY LIST FOR STATE AND FEDERAL FUND%NG Parks & Recreation ZO10 CIP List Draft OnI ' Ranking Project Estimated Description Amount Lower Kenai River Drift ; $500,000 Land acquisition, Removed due Boat Pull-Out engineering and to Resolution ~ ~ development. to State i ~ Kenai Sports Complex ~ $150,000 Funds would provide for Restroom & restrooms and concession 137 2 Concession Facility j facility at the new Kenai ' Sports Complex (soccer I ~ fields . Kenai Recreation $20,000 Project would include Center Built- construction of new counter ' 7 (tie) In Counters &, Central ;space, desks and storage Staff Area i drawers in main lobb area. Campground .$200,000 Project would construct a campground near the Kenai Sports Complex (Sect. 36}. 4 Campground would help ~ relieve some of the parkingJcamping congestion at the north beach during di net. Sr. League/American $300,000 Project would include road, League parking, water/sewer and 1 Baseball field construction of one (I) baseball field Sect.. 361 Kenai Sports Complex $100,000 Project would provide (Soccer Fields) underground irrigation for 3 Irrigation the Kenai Sports Complex soccer fields . Willow St. Landscape I $350,000 Project would provide new Enhancements l street light illumination, 7 (tie) ~ sidewalks, planters, and i i trees and reestablish turf in I ri ht-of-wa s. , Skate Park $50,000 Project will add new skate 6 ' Improvements components to existing _.j __ I ark. ~~ ~ Kenai Dunes Heavy i $445,000 ' Project will include elevated 1 5 Use Area Protection ' walkways (3), ADA Ramps Project - 2008 i i (6}, fencing and revegetation. i Kenai River Bluff $18M Project will provide erosion 7 i ~ Erosion/Stabilization control/stabilization of bluff (t e) Project at the mouth of the Kenai River. M83'1°T®IQ: Commissioner Beeson IVECVED to support the City Council in passing Resolution No. 2008-54 and to encourage the City Council to support the Parks 8v Recreation Capital Improvement Project priority list. Commissioner Kiefer SEC®ATDED the motion. There were no objections. S® CIRDERED. PARKS & RECREATION COMMISSION MEETING SEPTEMBER 4, 2008 PACsE 2 138 arEn~ 4: Ana~v~tNmEram t~c~~rza>u: Commissioner Beeson YVlOVED to adjourn and Commissioner McDonald SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:05 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk PARKS & RECREATIdN COMMISSION MEETING SEPTEMBER 4, 2008 PAGE 3 139 CITY OF KENAI PLANNING t& ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS Septembee 10, 2008 - 7:60 p.m. 1. CALL TO ORDER: a. Rotl Call b. Agenda Appraval c. Consent Agenda d. *Exensed Absences - Phil Bryson *All items Listed with an asterisk {*} are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no sepazate 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. *August 27, 2008 3. SCHEDULED PUBLIC COMMENT: (1.0 Minutes) 4. CONSIDERATION OF PLATS: a. PZ08-50 -Day Subdivision. -Mulholland Addition - A re-subdivision of Lot 2, 3, and 5 Day Subdivision. Plat submitted by Whitford Surveying, P.O. Box 4032, Sotdotna, Alaska. 5. PUBLIC HEARINGS: a. PZ08-49 - An application for a Conditional Use Permit for a professional office for the property known as Lot 2, Block 4, Central Heights Subdivision (211 PortIock Street), Kenai, Alaska. Application submitted by Madigan, LLC, 371 QO Edgewood Drive, Kenai, Alaska. 6. OLD BUSINESS: 7. NER' BUSINESS: a. PZ06-65 - Review of Conditional Use Permit for Cabin Rentals for the property known as Lot 6, Block. 1, Pelch Subdivision Part 1 (350 Ames Road}, Kenai, Alaska. Discussion -Approval Permanent Status. b. Holiday Meeting Schedule -Discussion. 8. PENDING ITEMS: a. PZ07-25 -Recommending Council enact KMC 9.10.015 to require dumpsters be screened on at least three sides. 140 Agenda September 10, 2008 9. REPORTS: a. City Council b. Borough Planning c: Administration 10. PERSONS PRESEliTT NOT SCHEI}ULETE: (3 Minutes} 11. INFORMATION ITEMS: a. Notice of Absence -Commissioner Bryson b. "Zoniisg Bulletin" -August 10 & 25, 2008 12. COMMISSION COMMENTS & QUESTIONTS: 13. AllJOURNMENT: Page 2 141 CITY OF KENAI PLANNING & ZONING COMMISSION SEPTMEBER 10,2008 ?:OQ P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at appro~mately 7:Q2 p.m. 1-a. Ralf Call Roll was confirmed as follows: Commissioners present: K. Koester, S. Romain, R. We11s, J. Twait, K. Rogers, J. Brookman Commissioners absent: P. Bryson (Excused) Others present: City Planner M. Kebschull, Council Member R. Ross A quorum was present. 1-b. Agenda Approval Commissioner Wells noted the following changes: ADD: S-a. Email from Patrick Malone Email from Jody Svec 9-c. 2p10 Capital Improvements Program MOTION: Commissioner Wells MOVED to approve the agenda with the above-mentioned lay down items and Commissioner Brookman SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION': Commissioner Romain MOVED to approve the consent agenda and Commissioner Wells SECONDED the motion. There were no objections. SO ORDERED. 1-d. *Excused Absences • Phil Bryson Approved by consent agenda. 142 *Al1 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. ITEM 2: *APPROVAL OF MINUTES -- August 27, 2008 Approved by consent agenda. ITEM 3: SGHELtULEL1 PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS 4-a. PZOS-50 -Day Subdivision -Mulholland Addition - A re-subdivision of Lat 2, 3, and 5 Bay Subdivision. Plat submitted by Whitford Surveying, P.O. Box 4032, Soldotna, Alaska. Kebschnll reviewed the staff report included in the packet, noting the re-subdivision would put the shed and proposed greenhouse in compliance with the code. Twait reviewed the rules of public hearing and opened the floor to public hearing. There being no comments, the public hearing was closed. VOTE: Koester YES Romain YES Wells YES Twait ~ YES Bryson EXCUSED Rogers .YES Brookmazi ~ YES ~ MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS 5-a. PZ£38-49 - An application for a Conditional Use Permit for a professional office for the property known as Lot 2, Block 4, Central Heights Subdivision (21I Portlock Streetj, Kenai, Alaska,. Application submitted by Madigan, LLC, 37100 Edgewood Drive, Kenai, Alaska. Kebschull reviewed the staff report included in the packet, noting, because the owners would not occupy the house, a conditional use permit was required and stated the Commission had to find the folloudng items to be true: d fihe use would be consistent with the purpose and intent of the zoning district. • .The value of the adjoining property and neighborhood would not be significantly impaired. PLANNING AND ZONING COMMISSION MEETING SEPTEMBER I0, 2008 PAGE 2 143 • Th.e proposed use would be in harmony with the Comprehensive Plan. - Public sen~ices and facilities were adequate to serve the proposed use. • The proposed use would not be harmful to the public safety, health or welfare. • Any and all specific conditions deemed necessary by the Commission to fulfill the above-mentioned conditions should be met by the applicant. Twait opened the meeting to public hearing. RicIxard Aber, 205 Portloek -- Spoke against the permit, noting concern with noise and property values. Debbse Adamson, 209 Portlock -- Spoke against the permit, noting the public notice sign was small and hard to see from the street, and concerned about children in the area. Susan Fore, 213 Partlock -- Spoke against the permit, noting she had been told the house would become an insurance or real estate office and the entire front yard would be paved. Patty Adams, 210 Portlock -- Spoke against the permit, noting she wanted the area to remain residences only. Laurie Sookey, 115 Walker Lame -- Spoke against th.e permit, noting concern for the children in the area. Layla Mitchell, 208 Portlock -- Spoke against the permit, noting she had heard rumors the use of the house had something to do with McDonalds and she did not want a business in a residential area. Dena Curuxingham, Owner of McDoualds, Suyer of 211 PortYoek -- Spoke in favor of the permit, noting there would be no more than two people in the office; there would be no mail service or parcel delivery; they would not pave the gravel driveway; they would fiE: the water damaged area in the back; they would replace the roof and perhaps replace the windows; and, they had no further plans for the house. Cheryl Samples, 802 Sterling Court -- Spoke against the permit, noting she did not want a business in a residential area. Kellse Kelso, 117 Walker Lane -- Spoke against the permit, noting concern with decreased property values. Sheryl Main, 207 Walker Laae -- Spoke against the permit, noting the streets were narrow without curbs and sidewalks, there were many children in the area, and she had concern with the building being empty at night. PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 10, 2008 PAGE 3 144 Kaq Aber, 2®5 Portlock -- Spoke against the permit, noting concern with a business within a residential zone. There being no further comments, the public hearing was closed. MOTION: Commissioner Romain MOVED to approve PZ08-49 with staff recommendations one and two. Commissioner Koester SECONDED the motion. Commissioner comments included: • Residential zoning allowed businesses to operate from a home. • Businesses and homes could coexist within a neighborhood. • Concern with rumors regarding paving, expansion, etc. • The City would enforce Cade violations. • Appreciation of the residents' desire to keep the area residential. • A one-year tirneframe for the permit was suggested with the permit reevaluated (at the end of the year) with a public hearing. • Want the home maintained as a residence, including cutting the grass, snow removal, planting flowers, etc. MOTION TO AMEND: Commissioner Romain MOVED to add the following conditions: • The conditional use permit would be for one year, with a reevaluation at that time. • The house would be maintained as a residential home including yard and home maintenance year round. C:ommissianer Cz7eI1s SECONDED tl:e motion. VOTE ON THE AMENDMENT: VOTE ON THE MOTION AS AMENDED: Koester YES Romain ~ YES Wells YES Twait YES ~ Bryson ~ EXCUSED Rogers ~ YES ~ Brookman YES ~ MOTION PASSED UNANIMOUSLY. PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 10, 2008 PAGE 4 145 MOTION PASSED UNANIMOUSLY. Twait read the procedure for the 15-day appeals process. ITEM 6: OLD BUSINESS -- None ITEM 7: NEAr BUSINESS 7-a. PZ06-fi5 -Discussion -Approval Permanent Status. Review of Conditional Use Permit for Cabin Rentals for the property known as Lot 6, Block 1, Pelch Subdivision Part 1 (S50 Ames Road), Kenai, Alaska. Kebschull reviewed the staff report included in the packet, noting the permit had been used for one year and recommended approval. MOTION: Commissioner Romain MOVED to approve P206-65 and Commissioner Brookman SECONDED the motion. VOTE: Koester YES Romain YES Wells YES Twait YES {Bryson ~ EXCUSED Rogers YES '~ Brookman YES ' i MOTION PASSED UNANIMOUSLY. ?-is. Discussion -- Holiday Meeting Schedule. Kebschul? ~e_ ie,;,ed Lee semcrandum it=eluded ; : u?~e packet. MOTION: Commissioner Wells MOVED t.o request the cancellation of the second meetings in November and December 2008 to the City Clerk. Commissianer Rogers SECONDED the motion. There were no objections. SO ORDERED. ITEM 8: 8-a. PZ07-25 -Recommending Council enact KMC 9.10.015 to require dumpsters be screened on at least three sides. LTEM 9: REPORTS 4-a. ,City Couuoil -- Ross reviewed the action agenda items (included in the packet) of the September 3, 2008 council meeting. PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 10, 2008 PAGE 5 146 9-b. Barough Plauuing -- None. 3-c. Admainlstratian -- Kebsehull reviewed the 2010 Capital Improvement List provided at the beginning of the meeting; noted a council work session scheduled for September 17, 2008, at 5:00 p.m., to formulate the FY 10 Capital Improvement Project list; postponed the Commission work session regarding cell towers to October 8, 2008; and noted she would not be at the September 24, 2008 meeting. ITEM 10: PERSONS 18RESENT NOT SCHEDULED -- None ITEM I I: YNF'ORMATION ITEMS 11-a. Notice of Absence -Commissioner Bryson 11-b. "Zoning Bulletin" -August 10 & 25, 2008 ITEM 12: COMMISSION COMMENT & OUESfiIONS Commissioner Wells noted. he would miss the next two meetings due to travel. 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 before the Commission, the meeting was adjourned at approsdmately 8:15 p.m. Meeting summary prepared and submitted by: Lorene Hali, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING SEPTEMBER I0, 2008 PAGE G 147 KENAI BEAUTIFICATION COMMITTEE SEPTEMBER 9, 2408 7:00 P.M. KENAI COUNCIL CHAMBERS AGENDA ITEM l: CALL TO ORDER. i~ ROLL GALL ITEM 2: AGENDA APPROVAL ITEM S: APPROVAL OF MEETING SUMMARY -- July 8, 2008 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion -- Winter Pole Decorations ITEM 6: NEW IUSINESS a. Discussion -- Leif Hansen Memorial Park ITEM ?: a. b. c. ITEM 8• ITEM 3: ITEM 10: REPORTS Committee Chair Parks & Recreation Director Kenai City Council Liaison dUESTIONS AND COMMENTS PERSONS NEST SCHEDULED TO BE HEARD INFORMATION a. Kenai City Council Meeting Action Agendas of August 6 and 20, 2008. b. Landscape/Site Plan -- GLM c. Landscape/Site Plan -- ALLOR LLC ITEM 11: ADJE)I7RNMENT 148 KENAI BEAUTI&'ICATION COMMITTEE SEPTEMBER 9,2008 7:00 P.M. KENAI COUNCIL CHAIUIBERS CHAYR KAY SHEARER, PRESIDING MEETING SUMMARY ITEM I: CALL TO ORDER 8s ROLL CALL Chair Shearer called the meeting to order at approtamately 7:07 p.m. Roll was confirmed as follows: Committee members present: K. Shearer, S, Hatch, P. Ba~;ter Committee members absent: M. Dimmick, L. Seymour, M. LeFebvre others present: Parks 8r, Recreation Director B, Frates, Council Member L. Swarner, Mayor P. Porter A quorum was not established. ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- July 8, 2008 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS S-a. Discussion -- Winter Pole Decorations iT"EIn 6: NE'Zy BUSINL~'.~'`.i 6-a. Discussion -- Leif Hansen Memorial Park ITEM 7: REPORTS 7-a. Committee Chair 7-}a. Parks & Recreation Director 7-c. Kenai City Council Liaison ITEM 8: QUESTIONS AND COMMENTS ITEM 9: .PERSONS NOT SCHEDULED TO BE HEARD ITEM I0: INFORMATION IO-a. Kenai City Council Meeting Action Agendas of Aixgust 6 and 20, 2008. 149 10-b. Landscape/Site Plan -- GLM IE3-c. Landscape/Site Plan -- ALLOR LLC ITEM 1I: 'ADJOU'RNMENT Due to lack of quorum, the meeting was adjourned at approximately 7:I0 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk BEAUTIFICATION COMMITTEE MEETING SEPTEMBER 9, 2008 PAGE 2 150 X~~ ®®~`fla~°~e ~~`~ a past, ~ u>c`t~t a Fc~tuYe ®, ___ L~FIEEGIy 0~ i(Et~AV SKA 210 Fidaiga Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535, Ext. 236 /FAX: {907) 283-3014 ''[~~i 1997 M~+ MQR.ANDU TO: Rick Koch, City Manager FROM: Wayne Ogle, Public Works Director DRTE: September 10, 26D8 SUBJECT: Mid -Month Repots; Public Works Department The construction season is on-going. Previously reported projects are making good progress: Airport Runway Safety Zone/Extension is finishing work on Change Order 10 through 12 with closeout and as- builts due by fhe end of September. Public Safety Garage Improvement Project (Holden Company) is fnishing up with asphalt paving, a railing installation, electrical and seeding remaining. Airport Urea Storage Building project (Sterchi Corporation} has switched to segmented trusses to help avoid a project delay. Electrical and mechanical is roughed in awaiting the roof-over and final completion by 3D September. Thompson Park LID (Alaska Roadbuilders) is substantially paved with a couple of driveways and man-hole issues and cleaning out culverts remaining. Shamrock Circle LID paving project (Alaska Roadbuilders) is scheduled to be completed in the next week. The Marathon Road Improvement Project (Southcenfrai Construction Ina) is constructing curbs and gutters. Paving is expected next week. Construction on the Leif Hansen Park Sprinklers Installation Project (Alaska Enviroscape} is nearing completion with a walk through and as-built handover scheduled on 1 B Sept. Public Works submitted a draft departmental Capital Improvement Plan to the City Manager for consideration. Parks & Recreation and Harbor Commissions have prioritized their projects for the CIP for Council consideration. The Request for Proposal for professional design services for the expansion of the Kenai Community Library will be released 16 September. Kenai Arsenic Groundwater Study - 2008 continues with the City proposing to drill and evaluate a shallow water test hole (50') near City Well 2 and Beaver Creek. This test hale will evaluate if new water wells can supplement City Well 2. Tri Cities Corporation has been awarded the contract for sidewalk and curb repair work projects around town. The JD Contractors has the contract fo do sidewalk crack repairs in front of Paradiso's Restaurant. Peninsula Asphalt Paving has the contract to repair pavement around various street manholes and other street areas. We expect these projects to move forward shortly. Streets Department is stockpiling sand and gravel for winter use. The various departments are busy finishing up their routine summer maintenance and repair work. They are now preparing for winter operations. Dip Net Season concluded with very favorable comments from community members as welt as Dip Net participants. The Administration is preparing an 'after-action' report. The temporary fencing provided the dune protection that was hoped for. The fencing will be removed next weeK and stored for possible use next year. The City is seeking funding for a permanent fence consisting of posts and two courses of chain, The City has hired a new Building Official: Larry Floyd. Larry comes from Arizona where he was a building inspector for many years for the Arizona cities of Glendale and Surprise. He has extensive commercial and residential building inspection experience as weA as requisite specialty certifications. Larry has also had extensive experience in inspecting Walmart and afher'big box' stores. 151 ±;~ _ / flee city a f ~j' KENAI~ ASKA To; Rietc Koch, City Manager "I/if~a~r e with a Past, Gi~ we"t~ a ~utuv°e" FINANCE DEPARTMENT 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 ext 221 /FAX: 907-283-3014 Prom: Terry Eubank, Finance Director 7 ~' Date: September 10, 2008 Re: Monthly Report Recruitment for City's vacant accountant position is complete. Strong interest was shown in the position with a total of eleven applicants. Five applicants were intedviewed with Robin Adazns being selected for the position. Robin has over nineteen. years experience in public sector accounting and will be a great addition to the City's Finance Department. The implementation of the new airport permanent fund investment policy is nearly complete with the transition expected to be completed soon. The transition has involved close work with the City's trust agent, Wells Fargo, and the investment manager, Alaska Permanent Capital. Analysis ds undez~uay of 2nOR T-}ipnot Fishery from the fi::al:ce departmed:t's perspect.ve. The analysis is being compiled into a report that is to be combined with reports from the other City departments. Prepazation for the City's aruruai audit is ongoing. The audit will take place the week of September 29`x'. In ordex to prepare for the upcoming audit, the finance department has been. drafting the fiscal year 2008 Comprehensive Amoral Financial Report as well as documenting many of the City's systems of internal controls in compliance with the ten new Statements of Auditing Standards being implemented this year. 152 T®: Rick Koch, C'riy Manager From: Gus Sandahl, Police Chief Is5 li?afes 4911 0/20 0 8 Revs Police & Communications Department Activity -August 2008 Police handled 648 calls for service. The Communicatiens Canter received 113 emergency 9-1-1 calls. Officers made 105 arrests and wrote 334 reports. Officers made 3 arrests for 3 separate assaults involving firearms. Officers atso made 2 separate arrests for burglaries in dwellings. Traffic enforcement resulted in 98 warnings, 21 speeding tickets, 18 seatbelt Pickets, 4 citations far equipment violations, and 34 citations far "other" traffic violations. There were 6 DU! arrests. Police investigated 7 vehicle crashes (3 people injured). Police responded to one incident involving a black bear. In earty August, Lt. Wannamaker and Inv. Langham interviewed police applicants for the three vacant officer positions. inv. Ross attended a Crime Stoppers conference in Des Moines, IA. Michael Nusbaum, Communications Supervisor, attended a Seminar for Missing and Exp(ofted Ghildren in Alexandria, VA. Officers Langsetfi, Langham, and Hershberger attended an intensive 3-day Close Quarters Handgun course with law enforcement officers from around the state. The Police Volunteer Coordinator, Lon'aine Clare, moved back to Michigan the week of the 12'x. On August 19`h, City Manager, Rick Kach, named Gus Sandahl as Police Chief. Gus formally took the Oath of Office on August 21 ~` in City Council chambers. School started on August 20~', and that same week Inv. Sen Langham began his daily involvementlpresence of the schools as part of his Youth Services Officer role. On August 28`h, Dispatcher Lindsay Sackman completed thirteen weeks of training. In late August, Dispatcher Stacey Day finished phase 3 of field training. Officer Levi Russell began phase 3 field training this month, The Department continues to participate in traffic enforcement safety grants through the Alaska Highway Safety Office, the "Click it or Ticket" and DUI campaigns. 153 A1R~IIVIAL CONTROL REPORT August 2048 coos aoa7 coos zoos STRAY 90 97 ADOPTED 54 86 Dogs 54 53 Dogs 35 33 Cats 30 44 Cats IS 53 Other Animals 6 0 Other Animals 4 I RELEASED BY OWNER 44 86 CLAIMED 39 30 Dogs 27 41 Dogs 33 30 Cats I3 45 Cats 3 0 Other Animals 4 1 Other Animals 3 0 D.O.A. 17 7 EtiTHA_NIZED 58 65 Dogs 7 5 Doas 21 31 Cats 9 2 Cats 37 34 Other Animals 3 0 Other 3 0 WILDLIFE RELEASE 1 2 Borough Animals 33 49 Field Investigations 123 72 Total Dogs 88 103 Volunteer hours 13.5 100 Total Cats 52 69 Total phone calls 1,013 781 Total Other 13 2 Kennel Permits 0 0 154 fNTEROFFfCE Id!(EMC}RANDUfVI l DEPARTMENT Date: September 10, 2008 To: City Manager Frorn: Fire Chief Tilly Subject: Midrnonth report Runs for the timeframe of 9-14 thru 10-10: Run total for the year 994 requests for service (11 °/nincraase) Total last year at this time 899 requests for service 1) FM WilGOx attended a one week course a# the National Fire Academy for building plan reviews. 2) Hosted a Gar seat check up with Peninsula Safe Kids 3) Did medical stand by for KCHS high school football game (2 weekends) 4} Proctored 2 (two) Level II extinguisher test €or the State of Alaska 5} Proctored a Level III extinguisher test for the State of Alaska b'} PartlGirnatori in ind:.~striai Appreciation days 7) Three members attended a one day training entitled "Pride and Ownership" in Soldotna 8} One member is in training for EMT II course with projected completion in OGtober 9) Hosted the BBQ lunch for retirement of Bob Springer 10) Fire Marshal attended a commercial sprinkler inspection class in Anchorage 155 MEM(3RANDUM To: Rick Koeh, City Manager From: Rachael S. Craig, Senior Center Director Rate: September 9, 2008 Subject: August Monthly Report Total number of days rented in Angnst 2008: 6 August Monthly Meal Count 2008 Served: Total Congregate Meals Served: 20D3 Total Home Meals Served: 1380 Total iVan-Seniors: 10 Monthly 1VTeal Count 2002 Sers~ed: Total Congregate Meals Served: 1322 Total Home Meats Served: 1127 Total Non-Senior Meals: 8 We had a total of 896 volunteer hours for the month of August. Diane Taylor, sponsor of the. Phi Theta Kappa at KPC contacted dre director and stated $500 was raised at the "Band-Aid" concert held last May. Once they have their instillation of new officers, there the group will come to the senior center and present the monetary donation for our home meal program. The director has been working toward completing the Medicaid (Choice Waiver) re- certificarion application, finance has completed the fiscal piece of our NTS grant that needed to be adjusted based upon the funding we received and our grant award has been signed and ratumed. The ~wte has chosen Myers and Stauffer, LC tc ecrnplete a cost survey of all senior agencies that provides home-based services. The cost survey is due September 30. The senior center has a membership in an advocacy organization called AgeNet. Last year, the group succeeded in getting a $1 million increase in senior grant operating funds through their FACES Initiative, the group increased the reimbursement rates for home and community based waiver services for older Alaskans, and we worked with Alaska DSDS to make an ADRD waiver a priority for older Alaskans who do not qualify because they have a primary diagnosis of Alzheimer's disease and or related dementia. This year our priorities will be to promote legislation which would put into statute automatic HCB Waiver rate increases similar to the process that long-term care institutions currently have in place, work with the legislature to adjust grant rates {add $2 million) for Family Caregivers and NTS grants, assist DHSS to develop a special ADRD waiver, and enhance the availability of services under the OIder Adult Waiver for companion services. Senior high students are fulfilling their government requirement through community service volunteering at the senior center. Same of the projects in the "think-tank" are a "setuor prom," designing a senior center web site, and(or craft "gift" project to give to the home meal clients. 156 Kenai Carnmunity Library Report September 2Q(}8 August Circulation Figures Adult. Fiction 2,180 hitarnaC Access 1,557 AdultNon-Fiction 1,537 Music Ii0 Periodicals 88 Puzzles 3 ,luvenile Fiction 601 Videos 474 Juvenile Non-Fiction 229 DVDs 1,936 Easy Fiction 1.,234 Audio books 23$ Easy Non-Fiction 197 Miscellaneous 27 Interlibrary Loan 36 Computer Frograms 12 Total Print 6,1Q2 Total Non-Print 4,397 Total Circulation 14,459 Internet Express IJse 671 Total Catalog Searches 7,361 Library Door Coant..,.... 8,893 In-Flouse circulation 1$9 Downloadable Audio 114 raoae .......... ... .... _ ~. ,. _. _-_ ---- aoo+aa ~ ...: ' } ano4 W y~ '~. fr000 Y _ ~ ~ i r ` i i - ~ at 204;8 'n 2407 auo4 j f ~- ~ ' . ~ ^ ~ ~oou 200 0 a i . f 0 . , _ ~ i . v ':_.. ,, .~ .; - 1 ~~` l ° a~ a~ c~ ~~~ vk lam r£x ~Y' ~aE C~' i Q y S~J ~ ~a ~, pJ~ ~~ ~p ~~ ¢~ 1 C' ` ~ ~i- ........... . ........._. _ ...._. ~~.: ~~ © ~y4 -..._..._. __... f I ...,.1 Circulation figures for August 2008 were 5% higher thazi that for August 2007. Approximately, 297 people waited to use a computer in August. As a condition for receipt of the Bill and McInrda Gates Foundation Opporfturity Online hardware grant, the Public Library Association and the Faandatian have invited three representatives from our library community to attend a iwo day workshop entitled "1"urning the Page." The Foundation pays the expenses for the three members who will attend. One invitation 'is desi~~ated. for'the Library director. 'flse other hwitatians are for up to two cermnrmity members. Sa] Ma~ttero acrd. Chris C:oo'k will travel with me tc~ represent our convxlunity at the workshop that will. be held in Wtrslaington State October 6 -7. StoryCorps Alaska would like to partner w~iflt us to allow Lanai Peninsula residents to participate in this national project. StoryCarps is a national oral history project. The StoryCorps crews will travel this yeaz to Fairbanks, Nome, Barrow, Dillingham, Unalaska and Juneau to record and distribute stories of Alaskans. They are asking libraries in communities that they will not travel. to to interview local residents so that. their stories _ .: maybe included in the archive at the Library of Congress. 157 Airport Manager's Monthly Report September 208 Runway Safety Improvement Project: The remaining projects consisting of Change Orders 10 (runway painting), 11 (switching out the lights) & 12 (runway temperature sensing system} are all currently in progress. The runway marking painting is going well with paint application and the reflectance has a pronounced increase with the bigger beads. The project is scheduled for completion the end of September. Urea Storage Building: As of September 9, this project is 70% complete. The canopy is framed and sheathed as welt as the interior front wall insulated and sheathed. The roof trusses shculd arrive by September 12. The electrical is installed and the gas is roughed into the building. Project is scheduled for completion by September 30. Float Plane Basin: Below are pictures of the new fuel dock at the float plane basin installed by Earl Hicks, Operations Supervisor and Dan Evensen from the Street Department. Additional bumper blocks and an aluminum access ramp are yet to be added; but as the pictures show, the new dock works well and pilots are delighted. 2008-09 158 M¢sreicipai R.irpor4 SLAT P NE ~4StN °TfVt 204 - 2008 C~PERATI®NS Month zoos zoo? 2aas zao5 2ooa APRtL o 0 o z a MAY 66 0 99 114 gg JUNE 118 72 151 317 161 JULY 242 178 265 327 42g AUGUST 192 221 251 238 342 SEPTEMBER 173 136 227 134 OCTOBER I 30 51 100 40 NOVEMBER Closed Closed Closed Glosed m FUE~ALES 9sv s -• ev~~ Month 2008 2007 2005 2005 2084 MAY $561 $0 $0 $1,035 ~ $452 JUNE $3,443 ~ ~ $988 $909 $3,101 $2 209 JULY $3,252 $2,660 $3.138 $3,461 , $2 095 AUGUST $3 506 $2,721 $2,023 $3,365 , $2 041 SEPTEMBER ~ ~ $2,A93 $2,051 ~ $2,811 , $792 OCTOBER ... Manx y ., , , ~ ., , :,. ... :,.,.., .~-. _$162 $297 $693 $26 Slips Rented Private 11 Commerical p Rev 612048 159 F DTI ITEM INFORMATION ITEMS KENAI CYTY COUNCIL MEETING sErTEMSER I7,2oo~ 1. 9/ 1'7/2008 Purchase Orders Between $2,500 and $15,000 for council review. 2. 9 f 16/08 Kenai Peninsula Borough Assembly Meeting Agenda. 3. 9/ 12/08 Kenai Harbor Rate Schedule. 4. 9/ 11/08 D. Carey, KRSMA Baard Meeting Report. 161 Z a° o° o° °o ° o° ~ ~ cd O o d ~~cppi o ~ r M v~ M g[ M <"1 CA 6> Q t N ~ ~ N W W J J ~ 'U g ~ 9 J °"' ~ ec an z xc ( z o ti ~ ~ J a a ~ o ~ o c~ z ~n 0 x W cn r +~ ~u ~ z w ~ ~ o w F.: ra W a ~ y o m U~ as u=i ~ G U O v ~ ~ w ® W w a a c i o ~' ~ ? y a ~ tR H W ~ 2 24 c°v ~ ~ LL ° ti ~ c7 ®r ~, U ~ ti ~ } j ~ W ~ W U7 ~ td J Z 61J ® p W ~ C7 Q' d m ItJ ~ tt! W ~ ® Z d a (3 ~ U ~ ~ F"' VJ d ~ ~. N d 4 ~ ~ ~ Z ., ~ ~ U ~ ~ ~ u? ys ~ ~ ~ F U O °g f7 U d C3 > ay ¢ ¢ ¢ ¢ O ~ ~ 162 I~~na Peninsula B~rauglt September 16, 2008 - ?;00 p.m. Regular Meeting Homer City Council Chambers, Homer, Alaska A. CALL TO ORDER 'race Merkes ssembly Presider# =at 5-Sterling/Funny River erm Expires 2008 ete Sprague ssembly Vice Prestderrt eat 4 - Satdoina erm Expires 2010 au1 Fischer ssembly Member eat 7 - Central erm E..xpires 2010 largaret Gilman ssembly Member eat 2 -Kenai erm Expires 2008 .a. nopp ssembly Member eat 1 - Kattfornsky erm Expires 2009 :on Long ._sembry Iv.%enzber 'eat 6 -East Peninsula erm Expires 2009 gilli Martin !ssembly Member feat 9 -South Penirrsuta erm Expires 2009 3111 Smtth (sseinbty Member teat 8 -Hamer "erm Expires 2008 '>ary Superman assembly Member d¢at 3 - Nikiski !'erm Expires 2010 B. PLEDGE OF ALLEGIANCE C. INVOCATION D. ROLL CALL E. COlVIIvII'I"TEE REPORTS F. APPROVAL OF AGENDA AND CONSENT AGENDA (Atl items listed with an asterisk (*) are considered to be routine and non•controversiat by the Assembly and wilt be approved by one rnodon. There will be no separate discussian of these items unless an Assembly Member so requests, in which case the item will 6e removed fram the Consent Agenda and considered in its normal sequence on the agenda.) G. APPROVAL OF MLNUTES *l. September 2, 2008 Regular Assembly Meeting Minutes ........ 1 Ii. C014rIMENDING RESOLUTIONS AND PROCI.AMATIO.TeTS I. PRESENTATIONS VtrITH PRIOR NOTICE (20 minutes total) 1. South Peninsula FIcspital, lne. Quarterly Report (lo minutes) J. PUBLIC COMIl2ENTS ON ITEMS NO'T` APPEARING ON TIIE AGENDA (3 mimrtes per speaker, 20 minutes aggregate) IC. REPORTS OF COMIVIISSIONS AND COUNCILS L. MAYOR'S REPORT ...................... . ................ I3 1. Agreements and Contracts a. Sole source approval to award contract to Rain Proof Roofing for Sears Elementary School Roof Repair ..... 14 b. Authorization to award contract to Ampro Truck Sales for a used Rall-Off Truck Purchase ............ 1>" September 16, ?008 Page 1 of S 163 o. Approval of contract to Alaska Investigations Dot Com far Investigation Services .......................................16 M. P:. 2. d. Approval of contract to Segesser Surveys for Forest Glen #2 Surveying Project .................................... . .. . ... 17 e. Approval of contract v~th Rob Olchin for Appraisal Services ........ 19 £ Approval of contract to Holden Company for Mountain View and North Staz Wing Walls ....................................... 20 g. Approval to transfer ownership of 1997 Chevy 4x4 Pickup Truck from Central Emergency Services to Anchor Point Fire Service Area ..................... ......,...,......................21 Other a. Budget Revisions -July 2008 ................................. 22 b. Budget Revisions -August 2008 .........................:.... 2S c. Revenue Expenditure Report -July 2008 ........................27 d. Revenue Expenditure Report -August 2008 ............... . .. . ... 30 ` " ITEMS NOT COMPLETED FROM PRIOR AGENAA -None PET;3LIC HEAF~NOS ON OI?. DDINAIETCES (Testimony .LTiited to 3 minutes Pe s~,ea~;er) 1. Ordinance 2008-19-14: Accepting and Appropriating a State Grant in the Amount of $26,500 for the South Kenai Peninsula Hospital Service Area for Diagnostic Hospital Equipment (Mayor) (Referred to Finance Committee) .... 33 2. 'Ordinance 2008-19-15: Appropriating $367,694.73 tothe Special Assessment Fund for Moose Range Meadows South SubdivisionNatural Gas Lino I7tifity Special Assessment District {Mayor) {Referred to Finance Committee} ....... 37 3. Ordinance 2008-19-17: Autharizingthe Acquisition ofCertainReal Pragerty at Mile 26.5 Kenai Spur Hury for Nikiski Fire Station Nc. 2 and Appropriating Funds (Mayor} (Referred to Finance Committee} ..... , ..:... 40 4. Ordinance 2008-19-18: Accepting and Appropriating a Grant of $1,369,125 from the Natural Resource Conservation Service and Appropriating a Local Match of $456,375 for Conducting a Voluntary Buyout Program in the Oid Mill Subdivision Located in the Seward Area {Mayor) (Referred to Finance Committee) .....................................................62 September 16, 2005 Page 2 of 5 164 Ordinance 2008-19.19: Appropriating $120,000 from SouthKenai Penirsula Hospital. Service Area Capital Project Fund far the Purchase of Several Capital Equipment Items Not Previously Budgeted (lvlayor) {First of Two Hearings) (Referred to Finance Committee) ................... . ........ 77 6. Ordinance 2008-26: Authorizing Conveyance of 0.49 Acres More or Less to the City of Homer {Mayor) (Referred to Lands Committee) . ............... 80 Ordinance 2008-27: Allowing for aLate-Filed Real Property Tax Exemption for the Increase in Assessed Value of Improvements Located Within 150 Horizontal Feet from the Mean High Tide Line or Ordinary High Water Line of the Rivers and Streams Listed in KPB 5.14.010 Directly Attributable to Alteration of the Natural Features of the Land, or New Maintenance, Repair or Renovation of an Existing Structure, and That Meets the Criteria for a Fish Habitat and Restoration Project Described in KPB 5.14.440, for Properties Exceeding the $300,000 Senior Citizen Exemption Where Constnzction Began in 2004, 2005, 2006 or 2007 (Mayor) (Refened to Finance Committee) .....................................................89 8. Ordinance 2008-28: Authorizing the. General Law Cities in the Kenai. Peninsula Borough to Leery and Collect Sales Tapes an Nonprepared Food Items (Mayor) (Referred to Finance Committee} ...... . ................. 94 9. Ordinance 2008-29: Amending KPB 2.56.030 to Incorporatethe Homer Non- Motorized Transportation and Trail Plan, the 2005 Homer Area Transportation Plan, and the Homer Town Center Plan into the City of Homer Comprehensive Plan (_Mayor) (First of Two Hearings) (Referred to PGlicics ~ Fracedures Committee) ......... . ................. : .... . .101 C?. UNFINISIiED BLTSI1tiESS -None P. NEW BETSINESS L Bid Awards *a. Resolution 2008-076: Authorizing Project Cost Allocation and Awazd of Contract for the Valley View Road Capital Improvement Project {Mayor} {Referred to Finance Committee) ................121 2. Resolutions *a Resolufion 2008-077: Supporting the Designation of the North and South Sterling Byways as National Scenic Byways (Martin, Smithj (Referred to Policies and Procedures Committee) ............ . ....126 September 16, 2005 Page 3 ox" 5 165 *b. Resolution 2008-078: Supporting a Comprehensive Beluga Weiland Hydrologic Study, and in Support of Coastal Management Program Funding fot the Study (Martin, Smith} {Referred to Policies and ProceduresCaxnmittee) ..............................:......129 3. 4. Ordinances *a. Ordinance 2008-19-20: Appropriating $38,500 in the Equipment Replacement Fund for Purchase of a Heavy-Duty One-Ton Truck Replacement Velvcie for the Maintenance Degartment (Mayor) (Hearing on 10114lOS) (Referred to Finance Committee) . , , ........134 *b. Ordinance 2008-19-21: Authorizing the Purchase of Land from R. Dan Green Adjacent to Heritage Place at the Fair Market Value of $380;000 with Consideration Consisting of Cash in the Amount of $355,500 and the Conveyance to IYlary L. Green of Real Property Located in Mackey Lake Station Subdivision with a Fair Market Value of $24,500 on Behalf of Central Kenai Peaunsula Hospital Service Area, Appropriating Funds for the Purchase, and Classifying the Parcel Purchased by the Borough (Mayor) (Hearing on 10/14/08) .(Referred to Finance Committee) ........:.....................137 Other *a. Approval of Election Boards for the October 7, 2008 Regular Municipal Election {Referred to Policies and Procedures} ..........155 ''b, iollfllrning Appninl_ne_.ntg i_n `v'awirrips Advisarv P1~rrTFrng Commissions {Mayor} {Referred to Policies and Procedures Committee} ..............................................161 Anchor Point Advisory Flaaning Commission: James Gladish Seat A Expires 09/30/11 Earl Breyfogle Seat B Expires 09!30111 Brok Shofar Seat C Expires 09136/11 Cooper Landing Advisory Planning Commission:. Theresa Norris Seat C Expires 09/30/11 Scott Davis Seat D Expires 09/30!11 Hone / Sunrise Advisory Flannin~ Commission: Vacant Seat A Expires 09/30/09 Todd Bureau Seat E Expires 09(30/11 Dave Scanlan Seat F Expires 09130/11 Jim Skogstad Seat G Expires 09/30/11 September 16, 2008 Pege 4 of 5 166 Moose Pass Advisory Planning Commission: Mark Staubte Seat A Expires 09/30/11 Vacant Seat B Expires 09/30lI l Rnth D'Amico Seat C Expires 09/30/11 Vacant Seat F Bxpires 04/30/11 Q. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker} R. ASSEMBLY MEETING ANA BEARING ANNOUNCEMENTS 1. October 14, 2008 Regular Assembly Meeting 7:60 PM Soldotna S. ASSEMBLY COlvIlVIENTS T. PE1V'DII~'G LEGISLATION {This item lists legislation which wilt be addressed at a toter 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 11/20/07 2. Ordinance 2008-19-19: Appropriafing $120,000 from South Kenai Peninsula Hospital Seroiee Area Capital Project Fund far the Purchase of Several Capital EquipmentItemsNotPreviously $udgated (Mayor} (Second Hearing on 10/14!08) (Referred to Finance Committee} Ordinance 20v" 8-2y: Amending KPB 2.56.030 to Incorporate the Homerlvon- Motorszed Transportation and Trail Plan, the 2005 Homer Area Transportation Plan, and the Homer Town Canter Plan into the City of Homer Comprehensive Plan (Mayor) (Second Hearing 10/14/08) (Referred to Policies & Procedures Committee} U. INFORMATIONAL MATERLALS AND REPORTS V. NOTICE OF NEXT MEETING AND AD30URNMENT The next meeting of the Kenai Peninsula Borough Assembly will be held on October 14, 2008; at 7:00 P.M. in the Borough Assembly Chambers, Soldofna, Alaska. This meeting will be broadcast on KDLL-Flvf 91.9 (Central Peninsula), I;BBI-RM 890 (South Peninsula), K2DIA0-FM 88.1 {East Peninsula). Copies of agenda items are available at the Borough Cderk`s pace in the Meeting Room just prior to the meeting. For further information, please call the Clerk's Office ¢t 714-21 b0 nr toll free within the Borough at 1-80D- 478-4441, Ext. 2)60. Visit our website at www.baroughkenai.ak.us for copies of the agenda, meeting summaries, ordinances arzd resolutions. September 16, 2QOS Page 5 of 5 167 CITY OF KENAI -DOCK RATE SCHEDULE J~ "~ Rick R. Koch, City Manager September 12, 2008 KENAf HARBOR RATE SCHEDULE The City Manager shall esfabfish the fees, rates, and charges for the billing and collections for 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 total invoice (3% City and 3% Borough). RATE SCHEDULE SUMMARY 1. Product wharta e w/crane; w/o forklift $ 0.07/Ib. Nan- roduct wharfa e ice, nets, sta les, etc. $ 0.0411b. Purchases Purchases of Purchases Under 500 501 - 2000 Over 2000 Gallons Gallons Gallons 2. Fuel Gasoiine Regular 4.367 4.317 N/A State Marine Tax 0.000 0.000 N/A Federal Tax 0.184 0.184 NIA Total $Igal. 4.55 4.50 NIA Diese! #2 5.452 5.462 5.062 State Marine Tax a.oao 0.000 0.050 Total $/gal. 5.45 5.40 5.13 3. Used Oil Dum in $1,00( aI. 4. Boat Launch Ramp 0-10 min. _ $15.00 Includes Parking with Trailer Each min. over 10 min. _ $1.D0/min. Seasonal ass er boat = $150lseasan 5. Parking Only (If with trailer, must pay launch fee) $10,00/day Seasonal Pass for Parkin $100.00/season 6. Tie Up Fee A. Skiffs tied to land side of concrete dock $7.00/day Seasonal Pass per boat $150/season B. Boat tied to buoy in river $10.00/day Seasonal Pass er boat $150/season 7. Forklift w/O erator 1!2-hr. minimum $50.00thr. 8. Git Labor Char e for call out 2-hr. minimum S40.OOihr. 9. Other Items See Dock Mana er Prior to Use Finance -(. ~. 168 KRSMA Board Meeting of September 11"' By (lave Careyg Berard President On Thursday, September 11"`, the Kenai River Special Management Area Advisory Board (KRSMA) had their first regular meeting of the wark year. The Board dealt with the fallowing itemsg Residents of the area questioned the availability and permissibility of duck hunting in the Kenai River fiats area and the dispositian of the duck Minds that were removed €rom the area. The duck blinds had been in piece for many years and their removal concerned many residents. There were also questions regarding the boundary lines between the City of Kenai and the State°s jurisdiction as shown on different maps. Five local residents gave public comments on this topic. The issue of aver-crowded parking at the Pillars was discussed again and the need far action to facilitate better management regarding parking. The Berard wilt be discussing this issue again at their October meeting. Two local residents came comment on this topic. The issue of protecting public easements along the Kenai River was a topic of discussion. Violations of trespass on private praperty, damage to the habitat and parking was discussed. The Board President is appointmen# an ad-hoc commi#tee to focus on the Zang-term issue of easements. Attempts to work with the Borough on this issue was also a matter of discussion, It was stated that the Borough want DFtR to immediately decide about management of easements issues related to parking, boat launching and restrictions an boats. There are hundreds of easements clang the Kenai River. The nomination process to the Commissioner of Natural Resources regarding apposntments to the KRSMA Board was discussed. At an August 28t'' Special Meeting of fibs Board, the 169 #'1 James Czarnezki #2 George Heim #3 Bruce King #4 Adam Reimer #5 Carol Padgett #6 Angela Richardson #T Andy Lovett The Commissioner of DNR will be present. on October g`", the day of the next Regular KRSMA Board meeting, to interview the applicants. Every person who applied, 'rn a timely fashion, to the KRSMA Board for namination was nominated. The Baard discussed their displeasure and concern regarding a letter received, right before the meeting, from Commissioner .lames King, director, Divisian of Parks and outdoor Recreation regarding the Board's recommendation regarding replacement of Guides during season if an emergency renders an approved Guide unable to complete service to their clientele. The Director's letter denied the KRSMA Board's recommendation stating; A°We must maintain the strength and integrity of the Guide Academy curriculum and ensure that the standards of law are maintained:' The recommendation was made by the KRSMA Guide Committee of the Board which is comprised of four of the nine Directors of the Guide Academy including the College Director, Gary Turner. There has never been an tn-Season emergency of this kind bat the Board is attempting to be pro-active regarding method for dealing with this possibilifiy. 170 And finally, Tim Stevens, agency representative for the Alaska Department of Environmental Conservation {ACiEC} reported the preliminary finding regard'ang hydro-carbon levels in the Kenai River during the 2008 season, Although the numbers must be processed thraugh quality assurance, and therefore are not yet final, there is na reason to believe the numbers do not accurately reflect the lowering of hydra-carbons. The July 19"', 20"'~ and 22"d data far sample locations at Mile 10.1, Mile 5, and Mile 1.5 off the Kenai River reflect a lawering of hydra-carbons from 23 ppb {parts per billion} to 7 ppb at Miie 1.5 from 2007 to 2008. At River Mile 5, the highest hydro- carban level was 5.02 PPB and at River Mlle 10.1 the highest level of hydra-carbons was 4.98 ppb. This is mare than a 2l3rds reductian in recorded hydro-carbons and brings the hydro-carbon level below the impaired water body leve6, If these numbers held for next year, it would allow the KRSMA Board and ethers to seek a removal of the Kenai River fram its' listing on federal registers as an impaired river. Approximately 300 samples were taken. River discharge during the sample period was at an average discharge level for the last thirty years at 14,000 cfs. The highest number of boats during the sample period was 608. This is outstanding news demonstrating that the work done by the KRSMA Board last year slang with the Resolutions of support from the City of Kenai and Saldotna and the agency enforcement appear to have had the desired effect. 171 ~rry~ PUOLIC NOTICE NfNW1.AlG5NG The Kenai City Council will meet in a work session on Wednesday, September 17, 2008 to formulate the FY2009 Capital Improvement Project List. The work session will be held in the Kenai City Council Chambers located at 210 Fidalgo Avenue, Kenai and begin at 5:00 p.m. The work session is open to the public. Contact 4he Kenai City Clerk's office at 210 Fitlalgo Avenue, Kenai, 283-7535, extension 231, with questions. Carol L. Freas, City Clerk D/211 CYTY OF KENAI NOTICE OF PUBLIC HEARING SEPTEMBER 17,2008 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 September 17, 2008. Ordinance 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. {Clerk's Note: At the June 4, 2008 council meeting, Ordinance No. 23]4-2008 was postponed to August 6, 2008. At the August 6, 2008 meeting, the ordinance was postponed to the September 3, 2008 meetng. At the September 3, 2008 meeting, the ordinance was postponed to September 17, 2008. The motion to approve is active.) a. Substitute Ordanance No. 2314-2008 -- amending KMC 23.55.020 Providing for the Addition of Steps DD and EE to the City of Kenai Salary Schedule. 2. Ordinance No. 2343-2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Dune Rehabilitation d, Conservation Capital Project Fund for Dune Rehabilitation, Signage and Fencing. 3. Ordinance No. 2344-2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Tidal Marsh Rehabilitation 8s Conservation Capital Project Fund for Tidal Marsh Rehabilitation. 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. 5. Ordinance No. 2346-2008-- Increasing Estimated Revenues and Appropriations by $73,G3G in the Dune Rehabilitation & Conservation Capitai 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(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. a. 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. Ordinance No. 2349-2008 -- Amending the Kenai Zoning Code at KMC ].4.20.180 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. 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. (Clerk's Note: At the August 2Q 2008 council meeting, Resolution No. 2008-54 received a motion to approve, a motion to amend, and then was tabled to September 17, 2008. The 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. 9. Resolution No. 2008-55 -- Supporting the Creation of a U.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 Locally. 10. Resolution No. 2008-58 -- Rescinding and Replacing the City of Kenai Retention Schedule. The public hearing will commence at 7:00 p.m., or as soon thereat"ter 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. ~~~ C o ~~~~~'esP~U~ Carol L. Freasr Kenai fifty Cierk Posted: September 12; 208 MAKE PACKET COUNCIL PACKET DISTRIBUTION 1 COUNCIL MEETING DATE: q/j~'/n ~ i AGENDA DISTRIBUTION I Sewer Treatment Plant ~ ~ Streets Sho Dock Building Maintenance Animal Control Wnter/Sewer ~ (Counter ` 0 DELIVER Council and Student Representative Pockets to Police Department Dispntch 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 as soon ns possible on pocket dny. The camera-ready agenda c:/myfiles/documents/minutes/agenda form for paper) is emailed to Denise at Peninsu/a C/arion (at email folder Work Session/Specin) Meetings, or Composition in Contacts or IbeIlC~ncsalnska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction} are 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 ns soon ns possible before lenving the office for the weekend.