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HomeMy WebLinkAbout2010-05-05 Council PacketMayor /Council Clerk Police Department Senior Center Library (2) Fire Department Attorney City Manager Finance Airport Parks Recreation Student Rep. Hall Binder Feltman /Floyd Kebschull /Carver Ogle Christine Clarion Mellish Schmidt 4n AGENDA DISTRIBUTION r 8 MAKE 27 PACKETS COUNCIL PACKET DISTRIBUTION Sewer Treatment Plant Shop Building Maintenance W ater /Sewer 5 reets Dock Animal Control Counter DELIVER Council and Student Representative Packets to Police Department Dispatch desk. The Clarion, 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 as possible on packet day. The camera ready agenda c: /myfiles /documents /minutes /agenda form for paper) is emailed to Denise at Peninsula Clarion (at email folder Work Session /Special Meetings, or Composition in Contacts or (bell @acsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) 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 webpage as soon as possible before leaving the office for the weekend. NAME TION RESIDENCE ADDRES PHONJ3 NUMBER t I TESTIMONY SIGN-IN SHEET r 1 ill S LN 1 II III S ©/PZ'- /W7 JOHNSON MARQUIS MOLLOY BOYLE PORTER SMALLEY 3ZIOOW 1 ELDRIDGE 1 IN S II IN S Crr oS I7 .s sino vuu NOSNHOr 5 BOYLE PORTER SMALLEY 3UOOW_f ELDRIDGE JOHNSON SInowew MOLLOY LBOYLE PORTER 1 SMALLEY MOORE ELDRIDGE ›1 A 1 IN S II IN 11111111 S Crr oS I7 .s sino vuu NOSNHOr MOLLOY BOYLE PORTER SMALLEY 3UOOW_f ELDRIDGE co a 0, 5 Z 0 Z 2 5 cc 0 J J 0 J 0 rx H 0 d w 0 0 0, 5 D 0 J 0 2 w J 0 m cc w F- 0 a w J m w 0 0 S�. COUNCIL MEETING OF ELDRIDGE ELDRIDGE 11111111 S IN MI JOHNSON MARQUIS 1 MOLLOY BOYLE 1 PORTER A31TVINSJ MOORE 1 ELDRIDGE co a 0, 5 Z 0 Z 2 5 cc 0 J J 0 J 0 rx H 0 d w 0 0 0, 5 D 0 J 0 2 w J 0 m cc w F- 0 a w J m w 0 0 S�. COUNCIL MEETING OF ELDRIDGE ELDRIDGE ITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING MAY 5, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) *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 (Public comment limited to 10 minutes per speaker) ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) 1. Ordinance No. 2479 2010 Amending KMC Chapter 1.10, The Council, to Add a New Section Establishing Procedures for the Use of Council Chambers and the City Clerk's Conference Room 2. Ordinance No. 2480 2010 Amending KMC Chapter 1.15, Rules of Order, to Establish the Form of the Council Agenda and Set the Order of Business, to Explain the Consent Agenda and List of Pending Legislation, and to Make Conforming Amendments 3. Ordinance No. 2481 2010 Increasing Estimated Revenues and Appropriations by $150,000 in the Personal Use Fishery Capital Projects Fund 13 4. Resolution No. 2010 25 Authorizing Budget Transfers for Costs in Excess of Budgeted Amounts in the City's General Fund 16 5. *Liquor License Renewal Kenai Landing, Inc., d /b /a Kenai Landing Beverage Dispensary Tourism Seasonal (License #4355) 21 ITEM E: MINUTES 1. *Regular Meeting of April 21, 2010 2. *April 19, 2010 Budget Work Session Notes 3. *April 20, 2010 Budget Work Session Notes 4. *Ordinance No. 2483 -2010 Increasing Estimated Revenues and Appropriations by $190,000 in the Congregate Housing Capital Project Fund for Repair of Damage Caused by the Fire Suppression Sprinkler System Failure ITEM H: COMMISSION /COMMITTEE REPORTS 23 40 44 ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 49 3. *Ordinance No. 2482 -2010 Increasing Estimated Revenues and Appropriations by $111.94 in the General Fund for the Police Department to Purchase Equipment From Asset Forfeiture Funds Provided to the City of Kenai 66 68 5. Discussion Schedule Budget Work Session 71 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 74 5. Parks 86 Recreation Commission 75 6. Planning 8s Zoning Commission 76 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municpal League Report c. Mini -Grant Steering Committee d. Kenai Convention Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 85 2. City Attorney 100 3. City Clerk 105 ITEM K: DISCUSSION 1. Citizens (Public comment limited to 5 minutes per speaker) 2. Council EXECUTIVE SESSION None Scheduled. ITEM L: 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. 2009 68 Supporting the Alaska Coastal Communities Global Climate Change Compact and Supporting the State of Alaska Energy Policy as Proposed by the Tri- Borough Commission. (Clerk's Note: At its January 20, 2010 meeting, Council amended Resolution No. 2009 -68 and reconsideration of the resolution was postponed to the May 19, 2010 council meeting.) Resolution No. 2010 15 Opposing House Bill Number 266. (Clerk's Note: At its March 3, 2010 meeting, Resolution No. 2010 -15 was postponed, no time certain.) Resolution No. 2010 23 Opposing "An Initiative Creating an Alaska Anti Corruption Act" Which Will be on the 2010 Alaska Primary Election Ballot. (Clerk's Note: At its April 7, 2010 meeting, Council postponed Resolution No. 2010 -23 to its July 7, 2010 meeting. The motion to adopt is active.) ITEM M: ADJOURNMENT x*: r****************************************************** INFORMATION ITEMS KENAI CITY COUNCIL MEETING MAY 5, 2010 Page No. 5/5/2010 Purchase Orders Between 52,500 and $15,000 for Council Review 108 2. Budget Transfer in Capital Projects in Excess of 5,000 3. Juneau Chamber of Commerce Resolution No. 03 -10, Support of Taking Charge of Alaska's Future 109 4. 4/23 /2010 D. Bannock email transmission regarding Resolution No. 2010 -07 111 5. 4/21/2010 K. Mohn email transmission regarding Kenai Community Library Book Sale /book collection at Fire Department 112 6. 2010 Lease Renegotiations 113 7. V. Hauck letter of thanks to J. Niederhauser, Kenai Community Library regarding Job Shadow Day 114 8. 5/4/2010 Kenai Peninsula Borough Assembly Meeting Agenda 115 the of KENAL.AALLASNA Sponsored by: Council Members Molloy and Boyle CITY OF KENAI ORDINANCE NO. 2479 -2010 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC CHAPTER 1.10, THE COUNCIL, TO ADD A NEW SECTION ESTABLISHING PROCEDURES FOR THE USE OF COUNCIL CHAMBERS AND THE CITY CLERK'S CONFERENCE ROOM. WHEREAS, the City Council Chambers and the conference room in the City Clerk's office are places for the conduct of the City's business, not otherwise open to the public for general use; and, WHEREAS, although these rooms are not available for use by the public, from time -to- time, and as an accommodation to other governmental agencies, the City has allowed limited use of these rooms by other governmental agencies in pursuit of their respective work on behalf of the public; and, WHEREAS, revision of the City's Code regarding the Council's meeting places would clarify the Limited permitted uses of these rooms and conform to current practices; and, WHEREAS, it is in the best interests of the City to clarify the permissible use of these rooms to ensure that the Council's meeting places are reserved for the Council's use while still permitting the City Clerk to accommodate occasional requests for use by other public entities. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form. This is a Code ordinance. Section 2. Amendment of Chapter 1.10 of the Kenai Municipal Code: The City of Kenai Municipal Code is hereby amended by adding a new section, Council chambers and conference rooms, to be numbered 1.10.070 which shall read as follows: 1.10.070. Council chambers and conference rooms. The Council chambers and the Clerk /Council conference room in the City Clerk's office shall be under the supervision and control of the City Clerk. Use of either room shall be scheduled by the City Clerk. The rooms shall be used solely for the transaction of the business of the City except that the Clerk may permit other local. state, and /or federal agencies to use the rooms for public purposes, and at no cost. after request by the entity and approval by the City Clerk. Section 3. Severabilitv: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent New Text Underlined' DELETED TEXT BRACKETED] Ordinance No. 2479 -2010 Page 2 of 2 jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY 2010. ATTEST: Carol L. Freas, City Clerk New Text Underlined DEL 'CIVIC 1.15.070(f), this ordinance shall take OF KENAI, ALASKA, this fifth day of May, PAT PORTER, MAYOR TED TEXT BRACKETED] Introduced: April 21, 2010 Adopted: May 5, 2010 Effective: June 5, 2010 TO: FROM: DATE: SUBJECT: MIKE BOYLE (907) 283-0820 mboyle@alaska.com Mayor Porter Council Members Eldridge, Marquis, Moore, Smalley Mike Boyle Bob Molloy, Council Members April 8, 2010 Ordinance 2479-2010, Amendment to KMC 1.10 Establishing /Clarifying Use of Council Chambers We respectfully request Council's support of Ordinance 2479 -2010. BOB MOLLOY (907) 283-7373 bob Ordinance 2479 -2010 adds a new section to the City's Code at 1.10, The Council. There is no provision in the Code outlining the use of Council Chambers and the conference room in the City Clerk's office. This proposed ordinance reflects existing policy —the rooms are used only for the business of the City with the narrow exception that occasional use by other governmental entities has been allowed as a matter of courtesy and accommodation. Other public facilities exist for members of the public to rent or reserve and to engage in meetings or other expressive activities. Codifying existing policy will provide notice to the public and other agencies that these rooms are not generally available for non -City public use. It is appropriate that Council Chambers and conference room be reserved for the (near) exclusive use of the Council. The Council needs to have the rooms available for official City business and it should not have to compete with other groups who might wish to use these facilities. The Limited use by other governmental entities helps foster good relationships between the City and those entities and often directly serves the general public by creating a convenient meeting place in the City for the public to have access to other governmental agencies visiting the area. Using the rooms only for governmental business preserves the spaces as neutral areas for all members of the public. The City Council would have a priority right to use the rooms; however, it is expected that when another governmental agencies reserves one of the rooms through. the Clerk for a date /time not in conflict with then scheduled use by Council and Commissions, the Council should respect that arrangement. MEMO: TO: City Council FROM: Rick Koch DATE: April 28, 2010 Administration recommends the following: "killage with a Past, Gc with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907- 283 -3014 illlji 1992 SUBJECT: Ordinance No. 2479 -2010, Amending KMC Chapter 1.10, Procedures for the Use of Council Chambers and the City Clerk's Conference Room The purpose of this correspondence is to recommend the Council not approve the above referenced ordinance Presently, the City Clerk schedules the use of Council Chambers and the conference room that is adjacent to the City Clerk's and Mayor's Office. I am unaware of any issues /conflicts that would require the present un- written policy and procedure be memorialized as a matter of law in the City Code. 1. A Written Policy be adopted by Council establishing the City Clerk's responsibility to schedule Council Chambers and the conference room, 2. In a written policy, eliminate the words "and control as contained in the proposed Code amendment. "Control" is undefined, and may result in confusion and unnecessary conflict. 3. In a written policy, clarify what is meant by the proposed amendment which states "The rooms shall be used solely for the transaction of the business of the City except that the Clerk may permit other local, state, and /or federal agencies to use the rooms for public purposes, and at no cost, after request by the entity and approval by the City Clerk." Would this prohibit a KEDS meeting? Would this prohibit a meeting of the Kenai Historical Society, if they needed a place to meet? To the best of my knowledge, the Council has not had to compete with other groups for the Council Chambers other than with conflicts with Commissions, and that conflict would still exist. Administration recommends Ordinance 2479 -2010 not be adopted and that a written policy be established to memorialize the practice currently in effect, that the City Clerk is responsible for scheduling the Council Chambers and Conference Room. Thank you for your attention in this matter. If you have any questions, please contact me at your convenience. the <lt of KENAI, ALASKA Sponsored by: Mayor Porter and Council Members Molloy and Smalley CITY OF KENAI ORDINANCE NO. 2480 -2010 AN ORDINANCE OF THE COUNCIL OP' THE CITY OF KENAI, ALASKA, AMENDING KMC CHAPTER 1.15, RULES OF ORDER, TO ESTABLISH THE FORM OF THE COUNCIL AGENDA AND SET THE ORDER OF BUSINESS, TO EXPLAIN THE CONSENT AGENDA AND LIST OF PENDING LEGISLATION, AND TO MAKE CONFORMING AMENDMENTS. WHEREAS, under Chapter 1.15 of the Kenai Municipal Code the City enacted legislation to detail procedures for exercising the City Council's legislative powers vested to it under its Charter; and, WHEREAS, KMC 1.15.050 sets forth recommended guidelines for conducting the order of business for City Council meetings; but, those guidelines do not reflect current practices of the Council; and, WHEREAS, it is in the best interests of the City to formalize the order of business of City Council meetings, including providing more specific notice to citizens about when they may address the Council at times other than during scheduled public hearings; and, WHEREAS, while the practice of the Council has been to dispose of routine business items through the use of a consent agenda, and while the municipal code references the use of a consent agenda, the Code does not currently outline specific procedures about how the consent agenda works; and, WHEREAS, providing additional information about how the Council manages its consent agenda will clarify the effect of action taken under the consent agenda and, at the same time, will better inform the public about how the business of the City of Kenai is accomplished; and, WHEREAS, the City has no express rules regarding how long items postponed or tabled should be maintained on the agenda and further guidance is necessary to advise the City Clerk in maintaining a list of pending legislation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Section 1.15.040 of the Kenai Municipal Code: The Kenai Municipal Code, Section 1.15.040, Agenda, is hereby amended as follows: New Text Underlined' DELETED TEXT BRACKETED! 6 Ordinance No. 2480 -2010 Page 2 of 5 1.15.040 Agenda. (a) The Mayor or other Council Member, City Clerk, City Attorney, or City Manager may sponsor an ordinance for introduction or a resolution for adoption, and such ordinance or resolution shall be placed on the agenda of the regular Council meeting requested by the sponsor. (b) The Mayor or other Council Member, City Clerk, City Attorney, or City Manager may request that a discussion item be placed on the agenda of a regular Council meeting, and such discussion item shall be placed on the agenda of the regular Council meeting requested by the sponsor. (c) A member of the public may request that a matter be placed on the agenda subject to policies and procedures adopted under subsection (j). Being placed on the agenda on the "Scheduled Public Comment [PERSONS SCHEDULED TO BE HEARD]" portion of the agenda does not limit or restrict the requestor's ability to speak on a different subject for which public comment is allowed. (d) A sponsor, all co- sponsors, proposer or requester may request that an item be removed from the agenda before the agenda is published under the policies and procedures adopted under subsection (j) and such item shall be removed from the agenda, unless the item has been carried over or postponed from a previous agenda. (e) The City Clerk shall prepare the agenda for each Council meeting after consultation with the Mayor and City Manager, subject to subsections (a) through (d). A draft agenda shall be circulated to the Mayor and other Council Members, and the City Manager. (f) Notice of the date, time, place, and [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 website and to the official bulletin board at City Hall under policies and procedures adopted under subsection (j). Additional public notice of meetings may be given by other means. (g) A meeting packet containing the [FINAL] agenda, all legislative items, and [ALL] supporting documentation for all agenda items shall be distributed to the Mayor, Council Members, and the City Manager. (h) The City Clerk shall cause a copy of the meeting packet to be posted on the City's website and to be provided to the Kenai Community Library, in order to be made available for public viewing under policies and procedures adopted under subsection (j). The City Clerk shall cause a paper copy or electronic copy of the meeting packet to be provided to any member of the public, or to any organization, upon request under policies and procedures adopted under subsection (j). At least one paper copy of the meeting packet shall be made available to the public at the meeting. (i) The City Clerk shall provide paper copies of any late materials to the Mayor, each Council Member, City Manager, and City Attorney. The City Clerk shall also make paper copies of late materials available to the public at the meeting. (j) The administration may [WILL] develop policies and procedures to implement this section, subject to review and approval of Council. New Text Underlined DELETED TEXT BR4CKETEDI Ordinance No. 2480 -2010 Page 3 of 5 (k) Failure to comply with the above policies and procedures or with any administrative policies will not invalidate any ordinance or Council action as long as there was a good faith effort at compliance by the City Clerk. Section 3. Amendment of Section 1.1.5.050 of the Kenai. Municipal Code: The Kenai Municipal Code, Section 1.15.050, Order of business, is hereby amended as follows: 1.15.050 Order of business. (a) The order of business for every regular meeting of the City Council shall [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]. (b) The following shall be the order of business at the regular meetings of the City Council [A GUIDE FOR THE COUNCIL'S AGENDA, BUT NOT A MANDATORY FORMAT FOR THE ORDER OF BUSINESS, CAN BE AS FOLLOWS]: (1) Call to Order (ROLL CALL]: pledge of allegiance. roll call, and aFA)genda [APPROVAL,] and consent agenda approval (public comment shall be permitted on items included on the consent agenda); fal Scheduled Public Comment: (3) Unscheduled Public Comment; (4[2]) Public Hearings [(FOR ORDINANCES OR PROGRAMS AS ANNOUNCED)]; 15) Minutes of Previous Meetings; [(3) PERSONS SCHEDULED TO BE HEARD; (4) CORRESPONDENCE (READING VERBATIM NOT REQUIRED IF COPIES DISTRIBUTED TO THE ENTIRE COUNCIL) (6(5]) Unfinished [OLD) Business; (7[6]) New Business; [(7) REPORTS; (8) PERSONS PRESENT BUT NOT SCHEDULED TO BE HEARD.] ff Commission and Committee Reports; f9J Report of the Mayor; (10) Reports from Administration (11) Discussion: citizen discussion and Council Member discussion; (12) Executive Session (when applicable); (13) Pending Legislation; and, (14) Adjournment. New Text Underlined' (DELETED TEXT BRACKETED] 8 Ordinance No. 2480 -2010 Page 4 of 5 (cl Those items on the agenda that are considered routine by the City Manager and the City Clerk shall be identified by an asterisk for similar notation) next to the item as listed on the agenda and thereby included under that portion of the agenda entitled "Consent Agenda." Unless a Council Member requests that an item on the consent agenda be considered under the regular meeting agenda, and thus removed from the consent agenda, items listed as part of the consent agenda shall be considered, introduced adopted, accepted, etcetera, as appropriate for the item listed on the agenda, by motion of the Council and roll call vote under "Call to Order, consent agenda approval." Those items approved under the consent agenda shall appear in the Council minutes as if acted upon individually The Council shall consider an item removed from the consent agenda in its proper numerical order as indicated on the regular agenda, IJ If the Council desires to transact business out of its regular order, it may do so upon approval of a motion to suspend the rules. which motion must be approved by a two thirds vote of the Council members in attendance. In the alternative, as each agenda item comes up. a majority of the Council can at once lay it on the table and thus reach any question which it desires to dispose of first. jet The City Clerk shall maintain a list of tabled and pending items. This list shall be stricken at the end of the meeting at which the certification of a regular election of any Council Member takes place. jf1 The administration may develop policies and procedures to implement this section, subject to review and approval of Council. jgi Failure to comply with the above policies and procedures or with any administrative policies will not invalidate any ordinance or Council action as long as there was a good faith effort at compliance by the City Clerk. Section 4. Severahility: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 5. Effective Date: Pursuant to KMC 1.15.070(f) this ordinance shall take effect one month after adoption. New Text Underlined; [DELETED TEXT BRACKETEDI Ordinance No. 2480 -2010 Page 5 of' 5 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of May, 2010. Af1EST: Carol L. Freas, City Clerk PAT PORTER, MAYOR New Text Underlined; DELETED TEXT BRACKETEDI -10- Introduced: April 21, 2010 Adopted: May 5, 2010 Effective: June 5, 2010 MEMO: TO: Council Members Boyle, Eldridge, Marquis, and Moore FROM: Bob Molloy (joined by Mayor Porter and Council Member Smalley) DATE: April 14, 2010 SUBJECT: Ordinance 2480 -2010, Amending Chapter 1.15, Rules Of Order, To Establish The Form Of The Council Agenda And Set The Order Of Business, To Explain The Consent Agenda And List Of Pending Legislation, And To Make Conforming Amendments Ordinance 2480 -2010 makes clarifications to how the Council's regular agenda is set, and provides Code authority for the new administrative policies and procedures that Council has been working on per Resolution No. 2010 -07, sponsored by Mayor Porter, with Vice Mayor Smalley as a co- initiator. Currently, the City's Code provides only loose guidelines to suggest an order of business. The City Attorney informs me that it is a common for municipal ordinances to mandate a specific order of business rather than just to provide general guidelines. In addition, the existing categories of agenda items listed in KMC 1.15.050(b) do not identify the categories of the City's business as conducted today and do not speak to all of the several opportunities during a Council meeting that members of the public have to address the Council. In addition to public hearings, the Council provides the public three other times to participate in a given Council meeting, including scheduled "scheduled public comment," "unscheduled public comment," and "citizen discussion." Currently, KMC I.1 does not include any reference to "citizen discussion." It is appropriate to codify these opportunities for the public to speak, thereby giving greater assurance to the public that their individual and collective voices can be heard other than only at times of public hearing. The proposed ordinance adds a new subsection (c) to KMC 1.15.050 to better define how the consent agenda process works. It is not intended that the change would alter current practice. The list of agenda items and order of business (discussed above) also clarifies that the public has an opportunity to comment on items included on the consent agenda. This is also consistent with the proposed administrative policies which emerged from the Council work session on Resolution No. 2010 -07. Because the ordinance amends subsection (h) of KMC 1.15.050 to mandate the order of business, rather than merely provide loose guidance, flexibility is needed to permit the Council to take matters out of order, as the Council sees fit. Thus, the ordinance adds a new subsection (d) to provide guidance to the Council about how to call up a matter out of the order published on the agenda. It explains the parliamentary procedure that applies to take up matters out of order without the need to research the rule each tune. The ordinance adds a new subsection (e) that clarifies when pending matters should be removed from the agenda. The procedure identified in the new ordinance reflects accepted practices under Robert's Rules of Order, the City Attorney has said. New subsections (f) and (g) to KIvIC 1.15.050 are added to allow for the development of the administrative policies and procedures that we are working on under Resolution No. 2010 -07 and to caution that a failure to cornply with any code or policy will not invalidate Council action so long as good faith efforts of compliance are made. These sections echo the same provisions in KMC 1.15.040, which we added to the Code last year. Finally, the ordinance changes wording in KMC 1.15.040 and .050 to be consistent with current usage and terminology and to make minor clarifications. For example, today, the Council uses the phrase "scheduled public comment" rather than the phrase "persons scheduled to be heard." Updating the terminology does not change the current practice or process; but, it will provide better notice to members of the public about their right to address the Council. It can be confusing when the Council and the City Clerk use one term, but another term is published in the Code describing the same process. The amended terminology is consistent with the administrative policies and procedures also being considered at the April 21 Council meeting under Resolution No, 2010 -07. I respectfully request your support of proposed Ordinance No. 2480 -2010. -12- city of NENAV ALASKA AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $150,000 IN THE PERSONAL USE FISHERY CAPITAL PROJECTS FUND. WHEREAS, City of Kenai Resolution No. 2010 -20 authorized the City Manager to enter into a cooperative agreement with the State of Alaska Department of Fish and Game for Kenai River Personal Use Fishery North Shore Fishery Improvements; and, WHEREAS, under the agreement, the Alaska Department of Fish and Game, Division of Sport Fish (ADF &G) will contribute funds not to exceed 5150,000 to reimburse the City for accomplishing improvements to include two pre -cast double vault restrooms, pedestrian walkway improvements, permanent signage, and pedestrian barrier fencing; and, WHEREAS, improvements are expected to be completed prior to the 2010 personal use fishery. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Personal Use Fishery Capital Projects Fund Increase Estimated Revenues: State Grant ATTEST: Increase Approp Construction Carol L. Freas, City Clerk Approved by Finance: atio CITY OF KENAI ORDINANCE NO. 2481 -2010 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of May, 2010. PAT PORTER, MAYOR New Text Underlined' DELETED TEXT BRACKETED -13- Suggested by: Administration 150,000 1 50,000 Introduced: April 21, 2010 Adopted: May 5, 2010 Effective: May 5, 2010 MEMO: TO: City Council FROM: Rick Koch DATE: April 28, 2010 "Vil'aye with a Past, Ci y with a Future 210 Fidaigo Avenue, Kenai, Alaska 99611 -7794 A, .V6 Telephone: 907 283 -7535 FAX: 907-283-3014 SUBJECT: Ordinance No. 2481 -2010, Increasing Estimated Revenues and Appropriations by $150,000 in the Personal Use Fishery Capital Project Fund The purpose of this correspondence is to recommend Council approval of the above- referenced ordinance The proposed ordinance establishes a capital project to construct vaulted toilets on Kenai Avenue, improve the Meeks Trail pedestrian pathway, replace the Meeks Trail pedestrian bridge, provide permanent signage in the north shore area, and to construct additional barrier fencing to protect habitat to the west of the City wastewater treatment plant. These expenditures will be reimbursed by the Alaska Department of Fish Game through a previously executed cooperative agreement. Attached please find a description and cost estimate for each project component. If you have any questions, please contact me at your convenience. -14- 1992 KENAI, ALASKA "Village with a Past, Ci with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 Fax: 907-283-3014 www.ci.kenai.ak.us PERSONAL USE FISHERY KENAI RIVER, NORTH SHORE FISHERY SUPPORT IMPROVEMENTS The following described improvements will enhance the existing support facilities for the personal use fishery on the north shore of the mouth of the Kenai River. Pre -Cast Double Vault Restroom $70,000 During the personal use fishery the City of Kenai rents and maintains eight (8) portable toilets at the end of Kenai Avenue. During weekends the portable toilets must be pumped and serviced up to twelve (12) times daily. The installation of two double toilets, each with 2,000 gallons of storage capacity will significantly reduce by a factor of fifty (50) the number of times the facilities must be pumped per weekend. Pedestrian Walkway Improvements- $48,000 A large volume of foot traffic accesses the north shore to participate in the personal use fishery utilizing a pedestrian pathway from Old Town Kenai. The construction of trail improvements would increase capacity and make it easier to carry/pull equipment such as coolers, chairs, nets, etc. Permanent Signage $8,000 Signage is needed to identify and protect environmentally sensitive areas that are damaged during the personal use fishery, These areas include riverbank, a tidal estuary, wetlands, and sand dunes. Pedestrian Barrier $24,000 The City of Kenai has installed over 4,000 lineal feet of pedestrian barrier fence to minimize pedestrian traffic, ATV traffic and four -wheel drive vehicular traffic fmm sand dunes and bird nesting areas on the north shore. Construction of an additional 1,200 lineal feet of pedestrian fence comprised of 6 "x6 "x8' All- Weather Wood (AWW) posts and two strands of galvanized 3/8" chain will protect an upland area consisting of grasses, bird nesting areas, and other habitat. -15- CITY OF KENAI RESOLUTION NO. 2010 -25 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING BUDGET TRANSFERS FOR COSTS IN EXCESS OF BUDGETED AMOUNTS IN THE CITY'S GENERAL FUND. WHEREAS, departments overtime has exceeded the amount budgeted by $69,320 neluding benefits; and, WHEREAS, employee attrition and larger than expected annual leave cash outs have depleted wage accounts in various departments requiring additional funds to complete the fiscal year S 16,000; and, WHEREAS, significant computer system upgrades, modifications, and maintenance projects have exhausted the amount originally budgeted $15,000; and WHEREAS, a greater number of former City employees sought unemployment benefits than originally projected creating shortages in budgeted amounts of $7,462; and, WHEREAS, the Parks Department will undertake a curb and sidewalk edging projected with an estimated cost of $8,000 in temporary wages and equipment that utilizing unspent funds from the previously budgeted Meeks Crossing Bridge Project; and, WHEREAS, the Recreation Department will purchase rental ice skates for the Kenai Multipurpose Facility utilizing excess funds from unused ice maintenance professional services in the amount of $6,000; and, WHEREAS, the Equipment Replacement Fund Payment for the City's new street sweeper was inadvertently omitted from the FY 10 budget in the amount of $7,608; and, WHEREAS, the Fire Department will purchase and repair a fire fighting rescue boat from Nikiski Fire Service area for a total cost of $7,500. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL. OF THE CITY OF KENAI. ALASKA, that the following budget transfers be made: General Fund Decrease Budget: Non Departmental Utilities 25,000 Police Salaries 18,000 Police Utilities 9,260 Animal Control Utilities 15,000 Fire Utilities 15,000 New Text Undernned' (DELETED TEXT BRACKETED] -16- Resolution No. 2010 -25 Page 2 of 2 Shop Utilities 7,608 Fire Professional Services 20,000 Recreation Machinery Equipment 13,522 Recreation Professional Services 6,000 Parks Machinery Equipment 7.500 $1390 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of May, 2010. ATTEST: Increase Budgets: Police Overtime Fire Overtime Fire Medicare Fire PERS Fire Workers Compensation Communications Overtime Communications Medicare Communications PERS Clerk Overtime Clerk Medicare Clerk PERS Recreation Overtime Beautification Overtime Legal Leave Police Leave Non Departmental Professional Services Animal Control Unemployment Insurance Park Unemployment Insurance Beautification Unemployment Insurance Parks Salaries Parks Medicare Parks Social Security Parks Small Tools Recreation Operating Supplies Streets Equipment Fund Payment Fire Machinery Equipment Carol L. Freas, City Clerk Approved by Finance: 7. -17- PAT PORTER, MAYOR 5,00 37,000 428 6,490 1,783 7,500 110 1,650 4,000 58 880 1,000 3,421 6,000 10,000 15,000 5,000 750 1,712 4,645 67 288 3,000 6,000 7,608 7.500 136 890 N< cty o/ KENAI, ALASKA To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: April 27, 2010 Re: Resolution 2010 -25 Tillage with a Past, Gc with a Future FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 ext 221 FAX: 907 283 -3014 Resolution 2010 -25 identifies budget areas where insufficient funds are available to meet current year needs or end of the year projects that are to be undertaken that were not previously budgeted. Resolution 2010 -25 also identifies excess funds in department budgets that are available to fund over budget items as well as new projects. Funds Available for Redirection Utilities. Excess funds are available in department utility accounts as a result of American Recovery and Reinvestment Act (ARRA) distributed to the City by the State of Alaska utilizing the Community Revenue Sharing Grant Program. A total of $214,390.30 in grant funds was appropriated by Ordinance 2460 -2009. Appropriation to utility accounts was recommended by the granting agency as the simplest method to utilize the ARRA fnding. Resolution 2010 -25 utilizes 571,868 of these funds. Police Salaries. Due to vacancies created by officer retirement, excess funds are available within the Police Salaries budget. Resolution 2010 -25 utilizes 518,000 of these funds. Fire Professional Services. $20,000 was originally budgeted for contracting with a third party ambulance billing company. The process of revising the City policy and negotiating with the service provider is near completion. Once completed the planned implementation date is July 1, 2010. Sufficient funds have been requested in the FY11 budget for this implementation. The 520,000 is available to cover the department's overtime overage this fiscal year. Recreation Machinery Equipment. The FY10 budget included 525,000 for a free span bridge over a\4eelcs Crossing. The proposed bridge was no longer available and the available funds were insufficient for a replacement. Subsequently the City has received funding from the State of Alaska Department of Fish and Game for this project. The remaining 513,522 from the original appropriation is available for other projects. Recreation Professional Services. Ice maintenance at the City's Multipurpose Facil than originally budgeted creating the availability of 56,000 for other purposes. -18- y was less April 27, 2010 Resolution 2010 -25 Memo Page 2 of 3 Parks Machinery Equipment. Pending the results of the proposed Parks Study, the administration did not purchase playground equipment previously budgeted leaving $7,500 available for other purposes. Budget Adjustments Requested Police Overtime. Department vacancies have created the need for officers to work overtime to cover all shifts. This also explains the corresponding available funds in Police Salaries. Fire Overtime and Associated Benefits. Over this past fiscal year the department has had some extra ordinary costs associated with responding to emergencies and other associated participatory events. Significant events include the following: Last fall a larger scale forest fire on Marathon road required considerable resources to mitigate. The entire department and a total of sixty -one (61) people were needed to mitigate that wild lands fire, The department responded to a large house fire, that unfortunately needed an additional response to suppress, which was also an unbudgeted incident that took extra staff hours. This past fall the department's participation in the Hl Nt 1 vaccination of all local school was unforeseen and required unbudgeted staff hours. This year the department will participate in the City's Tri- Annual Airport Drill, requiring the entire department's participation for extended periods of time. Lastly, run volumes continue to increase from year to year that ultimately affect overtime for station staffing. Communication Overtime and Associated Benefits. Insufficient overtime budget exists due to the hiring of three new dispatchers in June and July of 2009. Those three dispatchers were in training through September and were unable to work shifts by themselves. As a result, the other four dispatchers had to work significant hours of overtime to adequately cover the shifts (24/7). Clerk Overtime and Associated Benefits. With the Deputy Clerk attending Council meetings to assist the Clerk and attending Planning Zoning Commission meetings as the recorder, a choice of overtime pay was taken as applying compensation time resulted in a shortage of hours (of the four hours a day in the Clerk's Office) to be able to keep up with assigned responsibilities, The FY10 budget did not include funds for overtime pay. Recreation Beautification Overt ime. During FY10 the departments expended overt ime responding to the Dipnet Fishery and installation of protective fencing around beach dunes on the City's North Beach. Overtime is typically expended in response to the Dipnet fishery but in conjunction with the Dunes Fencing Project the department has insufficient funds to sufficiently staff for this summers seasonal activities. Replenishment of these unbudgeted amounts will ensure smooth summer operations and no reduction in the level of service. -19- April 27, 2010 Resolution 2010 -25 Memo Page 2 of 3 Legal Police Leave. Employee attrition and larger than expected annual leave cash outs have depleted wage accounts in these departments, requiring additional funds to complete the fiscal year. Non departmental Professional Services. Significant computer system upgrades, modifications, and maintenance projects have exhausted the amount originally budgeted. In order to meet the needs of City Departments additional support time has been needed. This additional funding will increase the professional services amount to S54,000 for FY10. The FYI budget includes a new position intended to eliminate the need for most external services and increase the effectiveness of the City's IT management. Animal Control. Parks, Beautification Unemployment Insurance. A greater number of former City employees or seasonal temporaries sought unemployment benefits than originally projected creating shortages in budgeted amounts, Parks Salaries. Associated Benefits and Small Tools. The Department plans to undertake a project to remove growth from City curbs and sidewalks. Over time curbs and sidewalks become overgrown. The growth is unsightly but also creates safety concerns as the useable area of sidewalks is reduced. The Parks Department plans to start three seasonal employees early to complete this task. Estimated costs will be $5,000 in wages and benefits and $3,000 in small tools to completed the project. Recreation Operating Supplies. In order to increase usage of the City's Multipurpose Facility, the Department requests funds to purchase rental skates for use during public skate hours. Skate rental will be contracted to the City's tenant at the facility who will manage the care and safe keeping of the skates as well as the actual rental. The planned purchase is for 100 pairs of skates to include both hockey and figure type skates. Streets Equipment Replacement Fund Payments. The Equipment Replacement Fund Payment for the City's new street sweeper was inadvertently omitted from the FY10 budget in the amount of $7,608. Fire Machinery Equipment. The Nikiski Fire Service Area has agreed to sell the Department an emergency response rigid haul, inflatable boat for emergency water responses. The total cost of the boat and needed repairs is $7,500. Purchase of a new boat with similar capabilities is estimated to cost in excess of $40,000. -20- clf cc: May 6, 2010 Ms. Dawn Holland Williams Records Licensing Supervisor Alcoholic Beverage Control Board 5848 East Tudor Road Anchorage, AK 99507 -1286 RE: LIQUOR LICENSE RE Kenai Landing, d Seasonal At its regular meet of the liquor licen.s on unpaid taxes, del Kena If you p§ any quest ons; �i_.se co;o -t me at 283 -7535, extension 231. CITY OF Carol L. Freas City Clerk Kenai Borough Clerk KPB Finance Department Applicant rw. -21- verage Dispensary Tourism Council considered the following renewal ed no objections to the renewal(s) based e premises to the City. Beverage Dispensary Tourism Seasonal (License #4355) April 22, 2010 Ms. Dawn Holland Williams Records Licensing Supervisor Alcoholic Beverage Control Board 5 E. Tudor Road Anchorage, AK 99507/286 Re: Application for Renewal of Liquor License: #4355 Dear Ms. Williams: Please be advised that the Kenai Peninsula Borough has reviewed the following liquor license renewal application and has no objection to the continued operation of the liquor license for the establishment within the City of Kenai, Alaska: Type: Beverage Dispensary Tourism Seasonal License 4355 DBA: Kenai Landing Licensee: Kenai Landing inc. Location: 2101 Bowpicker Lane, Kenai The Kenai Peninsula Borough Finance Department has reviewed its files and has raised no objection based on unpaid or delinquent taxes. Sincerely, John! Blankenship CMC Borough Clerk Applicant City of Kenai KPB Finance Department File KENAI PENINSULA BOROUGH 144 North Binkley Street Soldotna, Alaska 99669 -7520 PHONE: (907) 714 -2160 FAX: (907) 714 -2386 Toll -free within the Borough: 1- 800 478 -4441, Ext 2160 EMAIL: assemblyclerk @borough.kenai.ak.us JOHN! BLANKENSHIP, CMC BOROUGH CLERK -22- CEIVED APR 2 6 2010 KENAI CITY CLERK ITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING APRIL 21, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htty: www. ci.kenai.ak. u s 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) I. Shannon Elsey, Leader, Girl Scout Troop 545 Library Donation /Library Expansion Needs from 7 -8 Age Perspective. 2. Graydon Cowgill Kenai Friendship Mission, Inc. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2478 -2010 Increasing Estimated Revenues and Appropriations by $895 in the General Fund for Training Reimbursements form Internet Crimes Against Children (ICAC). 2. Resolution No. 2010 -07 Amending the Administrative Policies and Procedures for the Preparation, Distribution and Publication of the City Council Agenda and Packet, Including Providing Direction Regarding the Time and Rules for Taking Public Comment. (Clerk's Note: At its March 3, 2010 meeting, Council postponed Resolution No. 2010 -07 to the second council meeting in April, 2010 (April 21, 2010). The motion to adopt is active.) a. Substitute Resolution No. 2010 -07 amending the Administrative Policies and Procedures for the Preparation, Distribution and Publication of the City Council Agenda and Packet, Including Providing Direction Regarding the Time and rules for Taking Public Comment. -23- 3. Resolution No. 2010 -24 Supporting Passage of United States Congressional Bill H.R. 1034 by the 111 Congress, Designating the Honor and Remember Flag as a National Emblem to Recognize and Honor Members of the United States Armed Forces Who Died in the Line of Duty. 4. *Liquor License Renewal MITAK LLC, d /b /a .406 Family Sports Cafe (#4555)/Bcverage Dispensary Tourism. ITEM E: MINUTES 1. *Regular Meeting of April 7, 2010. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2479 -2010 Amending KMC Chapter 1.10, The Council, to Add a New Section Establishing Procedures for the Use of Council Chambers and the City Clerks Conference Room. 4. *Ordinance No. 2480 -2010 Amending KMC Chapter 1.15, Rules of Order, to Establish the Form of the Council Agenda and Set the Order of Business, to Explain the Consent Agenda and List of Pending Legislation, and to Make Conforming Amendments. *ordinance No. 2481 -2010 Increasing Estimated Revenues and Appropriations by $150,000 in the Personal Use Fishery Capital Projects Fund. Action Item Mutual Rescission of Lease ENA, LLC. /Lots 5 6, Block 1, FBO Subdivision (Everts). 7. Action Item Consent to Assignment /Assignment of Lease Ocean Beauty Seafoods, Inc. /Tract C, Kenai Tidelands No. 2. 8. Action Item Consent to Assignment/ Security Assignment Dan O. Pitts /Lot 1A, FBO Subdivision. ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission -24- ITEM I. ITEM J: 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 d. Kenai Convention Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils 1. City Manager 2. Attorney 3. City Clerk ITEM K: DISCUSSION REPORT OF THE MAYOR ADMINISTRATION REPORTS 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION None Scheduled ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Resolution No. 2009-68 Supporting the Alaska Coastal Communities Global Climate Change Compact and Supporting the State of Alaska Energy Policy as Proposed by the Tri- Borough Commission. (Clerk's Note: At the January 20, 2010 Council Meeting, Resolution No. 2009 -68 was amended and reconsideration of the resolution was postponed to the May 19, 2010 council meeting. The motion to adopt is active.) Resolution No. 2010 -15 Opposing House Bill Number 266. (Clerk's Note: At its March 3, 2010 meeting, Council postponed Resolution No. 2010 -15, no time certain. The motion to adopt is active.) Resolution No. 2010 -23 Opposing "An Initiative Creating an Alaska Anti- Corruption Act" Which Will be on the 2010 Alaska Primary Election Ballot. (Clerk's Note: At its April 7, 2010 meeting, Council postponed Resolution No. 2010 -23 to its July 7, 2010 meeting. The motion to adopt is active.) ITEM M: ADJOURNMENT -25- ITEM A: CALL TO ORDER A -2. The City Clerk took roll. Present were: MOTION: KENAI CITY COUNCIL REGULAR MEETING APRIL 21, 2010 7 :00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING Mayor Porter called the meeting to order at approximately 7:00 p.m. in he Council Chambers in the Kenai City Hall Building. A -1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. ROLL CALL ADD TO: ITEM D -2a, Substitute Resolution No. 2010 -07 Councilor Molloy memorandum identifying a proposed amendment. A quorum was present. Also present: Student Representative Maya Johnson A -3. AGENDA APPROVAL The following change was requested: Council Member Molloy MOVED for approval of the agenda with the addition and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: There were no objections. SO ORDERED. A -4. CONSENT AGENDA MINUTES -26- Ryan Marquis Robert Molloy Barry Eldrid :e Mike Boyle Pat Porter, Mayor Hal Smalley, Vice Mayor arrived at 7:54 +.m. Joe Moore ITEM A: CALL TO ORDER A -2. The City Clerk took roll. Present were: MOTION: KENAI CITY COUNCIL REGULAR MEETING APRIL 21, 2010 7 :00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING Mayor Porter called the meeting to order at approximately 7:00 p.m. in he Council Chambers in the Kenai City Hall Building. A -1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. ROLL CALL ADD TO: ITEM D -2a, Substitute Resolution No. 2010 -07 Councilor Molloy memorandum identifying a proposed amendment. A quorum was present. Also present: Student Representative Maya Johnson A -3. AGENDA APPROVAL The following change was requested: Council Member Molloy MOVED for approval of the agenda with the addition and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: There were no objections. SO ORDERED. A -4. CONSENT AGENDA MINUTES -26- KENAI CITY COUNCIL MEETING APRIL 21, 2010 PAGE 2 MOTION: Council Member Eldridge MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE: There were no objections. SO ORDERED. Mayor Porter recognized Deputy City Clerk Lorene Hall for receiving the Certified Municipal Clerk designation from the International Institute of Municipal Clerks. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) B -1. Shannon Elsey, Leader, Girl Scout Troop 545 Library Donation /Library Expansion Needs from 7 -8 Age Perspective. Ms. Elsey explained Girl Scout Troop 545 held a read -a -thon and raised $701.00 for the library expansion project. Girl Scout Troop 545 were in attendance and identified their suggested areas of expansion needs through drawings they showed to the Council. B -2. Graydon Cowgill Kenai Friendship Mission, Inc. Mr. Cowgill gave an update presentation of the remodeling work completed at the Kenai Friendship Mission, Inc. (formerly Eadie's Frontier Club). Cowgill also noted plan for future remodeling. BREAK TAKEN: 7:20 P.M. BACK TO ORDER: 7:24 P.M. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) Natasha Ala, Executive Director, Kenai Visitors Convention Bureau Invited all to the attend the art show opening scheduled for April 23, 2010 and thanked the City Council and Administration for its assistance. ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) D -1. MOTION: Ordinance No. 2478 -2010 Increasing Estimated Revenues and Appropriations by $895 in the General Fund for Training Reimbursements £o,iu Internet Crimes Against Children (ICAC). -27- Eldridge Yes Marquis Yes Molloy Yes Boyle Yes Porter Yes Smalley Absent Moore Yes KENAI CITY COUNCIL MEETING APRIL 21, 2010 PAGE 3 Council Member Eldridge MOVED for adoption of Ordinance No. 2478 -201.0 and Council Member Marquis SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. VOTE: *Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. D -2. Resolution No. 2010 -07 Amending the Administrative Policies and Procedures for the Preparation, Distribution and Publication of the City Council Agenda and Packet, including Providing Direction Regarding the Time and Rules for Taking Public Comment. MOTION: MOTION TO AMEND: (Clerk's Note: At its March 3, 2010 meeting, Council postponed Resolution No. 2010 -07 to the second council meeting in April, 2010 (April 21, 2010). The motion to adopt is active.) D -2a. Substitute Resolution No. 2010 -07 amending the Administrative Policies and Procedures for the Preparation, Distribution and Publication of the City Council Agenda and Packet, Including Providing Direction Regarding the Time and rules for Taking Public Comment. Council Member Molloy MOVED to approve Substitute Resolution No. 2010 -07 and Council Member Eldridge SECONDED the motion. Council Member Marquis MOVED to amend Resolution No. 2010 -07 at Section A, Paragraph 4, ending the second sentence with the addition of "as well as action items.' Council Member Molloy SECONDED the motion. Council comments included: Concern there was no place noted to allow public to speak to action items. -28- Eldridge No Marquis No Molloy Smalley No Absent Boyle No Porter No Moore No KENAI CITY COUNCIL MEETING APRIL 21, 2010 PAGE 4 Suggestion Paragraph 3, "unscheduled public comments" would enable public to speak to any item except those noted. Paragraph 3 would allow public to speak to any topic except those listed. Suggestion another paragraph could be added to allow public comment on action items. Concern everything on the agenda would be opened for public hearing and believed the opportunity to speak was included at Unscheduled Public Comment. Suggestion made to vote the motion down in order to better clarify at a different area. VOTE ON AMENDMENT: *Student Representative Johnson: No MOTION UNANIMOUSLY FAILED. MOTION TO AMEND: Council Member Molloy MOVED to amend Section A, Paragraph 4, adding a subparagraph (c) to state, Any member of the public present may comment on matters listed as action items at the time designated on the agenda. The speaker will be permitted three (3) minutes to address the Council after which the speaker may elect whether to address any questions from the Council. The time limitation should be reflected on the agenda. The speaker shall identify themselves in writing, providing their name, city of residency, and address for the record. Omission of an address will not bar a person from speaking. The person shall speak to the subject of the action item." Council Member Marquis SECONDED the motion. Council comments included: Only items listed as actions items on the agenda would be included. Explanation of action item was given as any motion Council takes action on as a body; could be problematic. Concern that action is sometimes taken during commission and committee reports, purchase order approval, ratification of bills, etc. Because items on the purchase order and bill lists are not advertised, they would not be considered in the amendment. Suggestion the motion be voted down. VOTE ON AMENDMENT: *Student Representative Johnson: No -29- Eldridge No Marquis No Molloy No Boyle No Porter No Smalley Absent Moore No Yes Eldridge Yes Marquis Yes Molloy Yes Boyle Yes Porter Yes Smalley Absent Moore Yes KENAI CITY COUNCIL MEETING APRIL 21, 2010 PAGE 5 MOTION UNANIMOUSLY FAILED. MOTION TO AMEND: Council Member Molloy MOVED to amend Resolution No. 2010 -07, Substitute A, by inserting a new subsection B in Attachment A to read as follows: B. Council Packet Preparation 1, All reports, ordinances, resolutions, contracts, documents, or other matters to be submitted to the Council for a regular meeting shall be submitted to the City Clerk not later than four p.m. on the Thursday preceding the Wednesday meeting. The City Clerk shall prepare the agenda for all of these matters according to the order of business, numbering each item consecutively. .,.with the remaining subsections B and C, to be re- lettered accordingly as C and D. Council Member Marquis SECONDED the motion. Council comments included: Explanation for the amendment: To identify deadline as a Council policy. The amendment was consistent with the current practice. VOTE ON AMENDMENT: *Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Molloy MOVED to amend by adding a subparagraph B -2 to read: 2. Council Members and administration are each encouraged to submit explanatory memoranda for any action item that person requests be placed on the agenda. -30- Eldridge Yes Yes Marquis Porter Yes Yes Molloy Smalley Yes Absent Boyle Moore Yes Smalley j Yes Moore Yes Eldridge Yes Marquis Yes Molloy Yes Boyle No Porter Yes Smalley j Yes Moore Yes KENAI CITY COUNCIL MEETING APRIL 21, 2010 PAGE 6 Council Member Marquis SECONDED the motion. Council comments included: Intent of the amendment was to encourage inclusion of an explanatory memoranda with action items, as well as others as the added explanation was helpful to Council as well as the public. The memoranda would be encouraged and would not be mandatory. VOTE ON AMENDMENT: *Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. Discussion followed related to a suggested grammatical error in Paragraphs B -1 and B -2, i.e. "Notice of the date, time and place, and of the agenda..." as it was suggested it may have been thought to read, "date, time and place of the agenda." COUNCIL MEMBER SMALLEY ARRIVED AT 7:54 P.M. MOTION TO AMEND: Council Member Moore MOVED to remove the word "of' in items B -1 and B -2 to read, "Notice of the date, time and place, and the agenda..." Council Member Moore requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. Council Member Boyle objected to the request for unanimous consent. VOTE ON AMENDMENT: *Student Representative Johnson: Yes MOTION PASSED. MOTION TO AMEND: Council Member Molloy MOVED to amend the new Paragraph ID, entitled Special Meetings in the second line, changing "sections A B` to "sections A, B, and C." -31- Eldridge Yes Yes Marquis Porter Yes Yes Molloy Smalley Yes Yes Boyle Moore Yes KENAI CITY COUNCIL MEETING APRIL 21, 2010 PAGE 7 Council Member Moore SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. VOTE ON MAIN MOTION AS AMENDED: *Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. D -3. Resolution No. 2010 -24 Supporting Passage of United States Congressional Bill H.R. 1034 by the 111th Congress, Designating the Honor and Remember Flag as a National Emblem to Recognize and Honor Members of the United States Armed Forces Who Died in the Line of Duty. MOTION: Council Member Eldridge MOVED for adoption of Resolution No, 2010 -24 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. Council Member Marquis objected to the request for unanimous consent. MOTION TO AMEND: Council Member Marquis MOVED to delete Section 2 of the resolution and renumber Section 3 as Section 2. Council Member Molloy SECONDED the motion. Marquis explained he felt the wording in Section 2 was premature until HR 1034 was passed by Congress. Other Council comments included: The flag would be flown below the U S flag and POW /MIA flag and supported the resolution as presented. Because Congress had not yet passed the bill, felt it appropriate to remove the section. Recognizing the flag by the City of Kenai could be done at a later date. VOTE ON AMENDMENT: *Student Representative Johnson: Yes -32- Eldridge Yes Marquis Yes Molloy i Yes Boyle No Porter Yes Smalley Yes Moore Yes 1 1 Eldridge No Marquis 1Yes Molloy Yes I Boyle Yes Porter I No Smalley Yes 1 Moore Yes 1 KENAI CITY COUNCIL MEETING APRIL 21, 2010 PAGE 8 MOTION PASSED. Comments on the main amended motion included: Could not support a resolution that would replace the national flag. VOTE ON MAIN MOTION AS AMENDED: *Student Representative Johnson: Yes MOTION PASSED. D -4. *Liquor License Renewal MITAK LLC, d /b /a .406 Family Sports Cafe #4555) /Beverage Dispensary Tourism. Approved by consent agenda. ITEM E: MINUTES E -1. *Regular Meeting of April 7, 2010 Approved by consent agenda. ITEM F: UNFINISHED. BUSINESS ITEM G: NEW BUSINESS G -1. Ratification of Bills MOTION: Council Member Smalley MOVED to ratify the bills. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. G -2. Approval of Purchase Orders Exceeding $15,000 -33- KENAI CITY COUNCIL MEETING APRIL 21, 2010 PAGE 9 MOTION: Council Member Smalley MOVED to approve the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -3. *Ordinance No. 2479 -2010 Amending KMC Chapter 1.10, The Council, to Add a New Section Establishing Procedures for the Use of Council Chambers and the City Clerk's Conference Room. Introduced by approval of consent agenda. G -4. *Ordinance No. 2480 -2010 Amending KMC Chapter 1.15, Rules of Order, to Establish the Form of the Council Agenda and Set the Order of Business, to Explain the Consent Agenda and List of Pending Legislation, and to Make Conforming Amendments. Introduced by approval of consent agenda. G -5. *Ordinance No. 2481 -2010 Increasing Estimated Revenues and Appropriations by $150,000 in the Personal Use Fishery Capital Projects Fund. Introduced by approval of consent agenda.. G -6. Action Item Mutual Rescission of Lease ENA, LLC. /Lots 5 6, Block 1, FBO Subdivision (Everts). There were no public comments. When asked if it was known why the desire for the rescission, City Manager Koch reported the lots were not large enough for their aircraft, however the lessee expressed interest in acquiring another space. He added, it would be an approximate $8,000 -a -year loss of income to the airport. MOTION: Council Member Eldridge MOVED to approve the mutual rescission of lease for ENA, LLC, Lots 5 6, Block 1, FBO Subdivision. Council Member Molloy SECONDED the motion. VOTE: *Student Representative Johnson: Yes -34- Eldridge Yes 1 Marquis Yes I Molloy Yes Boyle Yes I Porter Yes Smalley Yes Moore Yes KENAI CITY COUNCIL MEETING APRIL 21, 2010 PAGE 10 MOTION PASSED UNANIMOUSLY. G -7. Action Item Consent to Assignment /Assignment of Lease Ocean Beauty Seafoods, Inc. /Tract C, Kenai Tidelands No. 2. MOTION: Council Member Eldridge MOVED to approve the Consent to Assignment/Assignment of Lease for Ocean Beauty Seafoods, Inc., Tract 0, Kenai Tidelands No. 2 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. G -8. Action Item Consent to Assignment/ Security Assignment Dan O. Pitts /Lot 1A, FBO Subdivision. MOTION: Council Member Eldridge MOVED to approve the Consent to Assignment/Security Assignment for Dan O. Pitts, Lot 1A, FBO Subdivision and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging No meeting H -2. Airport Commission Council Member Moore noted the Commission held a very informative work session prior to its April 15, 2010 meeting. He reviewed the April 15, 2010 meeting summary which was included in the packet. 11-3. Harbor Commission Council Member Smalley reviewed the April 12, 2010 meeting summary which was included in the packet. -35- KENAI CITY COUNCIL MEETING APRIL 21, 2010 PAGE 11 11-4. Library Commission Council Member Marquis reported the next meeting was scheduled for May 4 and Council Member Boyle would attend the meeting for him. 11-5. Parks Recreation Commission No meeting. 11-6. Planning Zoning Commission Council Member Eldridge reviewed the minutes of the April 14, 2010 meeting which were included in the packet. 11-7. Miscellaneous Commissions and Committees H -7a. Beautification Committee No meeting. H -7b. Alaska Municipal League Report No report. H -7c. Mini -Grant Steering Committee No report. H -7d. Kenai Convention Visitors Bureau Council Member Smalley reported the next meeting would be held on April 26, 2010. H -7e. Reports of KPB Assembly, Legislators and Councils Assembly Member Smalley reviewed actions taken at the April 20, 2010 meeting. ITEM I: REPORT OF THE MAYOR Mayor Porter noted the following: She presented a proclamation for Public Safety Telecommnicators Week. She and Council Member Marquis would meet with members of the Kenai Historical Society on May 15, 2010 to discuss events to celebrate the City's 50th Anniversary of Incorporation. A full -page ad for the May 30 anniversary was suggested at a cost of $650. Council had no objections. She welcomed participants of the American Legion Convention. She held a Coffee with the Mayor and had five people discuss concerns. She attended the Kenai Chambers' bowling tournament. The library expansion's groundbreaking would be held on May 3, 2010 at 10:00 a.m. Referred to the resolution passed by Council related to use of cell phones during Council meetings which was included in the packet; she stated concerns she had that members were using cell phones during meetings at inappropriate times; and, she would call "at eases" when cell phones were being used by Council members. A brief discussion followed with comments including: No objection to members using their cell phone calendars. Suggestion members put their phones on "airplane mode" which would not allow transmitting or receiving messages, calls, etc. No objection to inputting data into phone. Agreement to call an at ease to cure the perception members could be texting. -36- KENAI CITY COUNCIL MEETING APRIL 21, 2010 PAGE 12 There had not been a problem. ITEM J: ADMINISTRATION REPORTS J -1. City Manager City Manager Koch reported the following: He reviewed capital budget information. A public meeting to discuss development of a park along Marathon Road was planned to be held on May 20. A change of contractor for the dog hazing program had been made. The dog would arrive the latter part of May. He would include historical information of the Daubenspeck donations made to the City in the next meeting packet. A draft ambulance billing and collection policy was included in the packet. Koch was asked if the Council would be approving the contract with regard to the hazing program. Koch noted, he did not expect the contract to be different; at the last meeting, Council was asked if there was any objection to committing to the replacement value of the dog; and, liability insurance was in place to that respect. J -2. Attorney City Attorney Stearns noted the following: She would be attending the Alaska Bar Convention in Anchorage during the next week. Though she would be out of the office, she would be checking messages, etc. Stated her appreciation of Lee Salisbury, her Administrative Assistant. J -3. City Clerk City Clerk Freas congratulated Deputy Clerk Hall with regard to her receiving the Certified Municipal Clerk designation and thanked Council for including funding in the Clerk's budget to make it possible for Hall to attend conferences, etc. needed in acquiring the designation. ITEM K: DISCUSSION K -1. Citizens (five minutes) Bob Peters, Old Town, Kenai Peters commended on Resolution No. 2010 -07. K -2. Council Smalley Thanked Council for indulging his late arrival to the meeting. Reported Don McLeod was ill and in the hospital. He would be serving at the Senior Center's fundraiser on Saturday. Moore Wished City Clerk Freas happy administrative assistant day. Questioned what was being done with moving the gas pumps at the airport. Koch stated he would find out and report back. -37- KENAI CITY COUNCIL MEETING APRIL 21, 2010 PAGE 13 Questioned whether another public hearing should have been held with regard to Resolution No. 2010 -07 as the amendments made to it could be considered substantial. City Attorney Stearns was requested to prepare a memorandum of explanation for the next packet Eldridge Congratulated Deputy Clerk Hall. Noted surveying being done on one of the out properties from Walmart. Johnson Congratulated Deputy Clerk Hall. Noted the After Graduation Committee were accepting donations, Provided an update of scholastic and sports activities taking place at the high school. Noted Freya Chay had won the Caring for the Kenai contest. Her last meeting would be May 5. Marquis Congratulated Deputy Clerk Hall. Molloy Congratulated Deputy Clerk Hall. He would move to postpone consideration on Ordinates No. 2479 and 2480 at the May 5, 2010 Council meeting in order to hold a second public hearing, and because Council Member Moore and Mayor Porter would he absent from that meeting. Requested additional information related to staff in the Clerk's Office with regard to the personnel request discussed at the budget work sessions. He requested additional information for the number of meetings in which the Clerks Office is involved, estimated meetings for the upcoming year, and staffing information from Seward, Homer, Soldotna, etc. Boyle Congratulated Deputy Clerk Hall. Encouraged everyone to attend the mystery dinner at the Senior Center and the art show at the Kenai Visitors Convention Center. EXECUTIVE SESSION None Scheduled ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Resolution No. 2009 -68 Supporting the Alaska Coastal Communities Global Climate Change Compact and Supporting the State of Alaska Energy Policy as Proposed by the Tri- Borough Commission. (Clerk's Note: At the January 20, 2010 Council Meeting, Resolution No. 2009 -68 was amended and reconsideration of the resolution was postponed to the May 19, 2010 council meeting. The motion to adopt is active.) -38- KENAI CITY COUNCIL MEETING APRIL 21, 2010 PAGE 14 Resolution No. 2010 -15 Opposing House Bill Number 266. (Clerk's Note: At its March 3, 2010 meeting, Council postponed Resolution No. 2010 -15, no time certain. The motion to adopt is active.) Resolution No. 2010 -23 Opposing "An Initiative Creating an Alaska Anti Corruption Act" Which Will be on the 2010 Alaska Primary Election Ballot. (Clerk's Note: At its April 7 2010 meeting, Council postponed Resolution No. 2010 -23 to its July 7, 2010 meeting. The motion to adopt is active.) ITEM M: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 8:55 p.m. Minutes submitted by: Carol L. Freas, City Clerk '"The student may cast advisory votes on all matters except those subject to executive session discussion, Advisory votes shall be cast prior to the official council vote and shall not affect the outcome of a vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. -39- Council present: Council absent: Staff present: Also present: INTRODUCTION The work session was opened at approximately 6:00 p.m. with a brief statement from City Manager Koch, noting there was a mill rate reduction of .15 in the proposed budget; currently there was a General Fund surplus of approximately $200,000; the draft budget did not include three firefighter positions (and application for grant funding had been submitted that would pay for the positions for two years if grant funding was not awarded, the budget would need to be increased by approximately $275,000- $300,000, leading to a $70,000 deficit; and, there was a 15% increase in health care included. OVERVIEW Finance Director Eubank presented an overview of the draft budget, provided a handout of his presentation and a memorandum indicating changes from the FY 2010 budget, etc. BREAK TAKEN: 7:14 p.m. BACK TO ORDER: 7:23 p.m. BUDGET REVIEW KENAI CITY COUNCIL BUDGET WORK SESSION APRIL 19, 2010 KENAI COUNCIL CHAMBERS 6:00 P.M. MAYOR PAT PORTER, PRESIDING NOTES P. Porter, B. Eldridge, J. Moore, M. Boyle, R. Molloy, H. Smalley and R. Marquis None City Clerk C. Freas, W. Ogle, M. Bondurant, R. Craig, M. Joiner, B. Frates, G. Sandahl, M. Tilly, R. Koch, T. Eubank, K. Stearns Student Representatives M. Johnson and H. Coffman Council reviewed the City Manager's suggested changes in staffing which were included in his budget memo. IT manager w/ salaries and benefits no objection Animal Control /seasonal employee no objection Streets /Airport /Reclassification of lead operator no objection Library Director /Range increase no objection Senior Center Director /Range increase request by mayor /no objection Planning Zoning, Administrative Assistant II /Reclassification to Range 10 Qualification Pay /Certified Municipal Clerk designation no objection -40- COUNCIL BUDGET WORK SESSION APRIL 19, 2010 PAGE 2 City Manager /Reclassify Administrative Assistant III to "Assistant to the City Manager no objection Police /Extend seasonal officer position no objection Request was made to include change of Deputy Clerk position to full time more information /justification was requested. Review of department budgets Clerk No change. Visitor Center No changes. Legislative Revisit Economic Diversity Ad Add $3,500 for 50th anniversary events no objection Request to add $5,000 Food Bank donation denied Legal No change. City Manager No changes. Finance No change. Land Administration No changes. Non Departmental No changes. Planning Zoning No changes. Safety No changes. Police No changes. Fire No changes. Communications No changes. Animal Control No changes. Public Works Administration No changes. Shop No changes. Streets No changes. -41- COUNCIL BUDGET WORK SESSION APRIL 19, 2010 PAGE 3 Buildings Request to include $90,000 in the budget for a wind turbine project (grant funds could be acquired). Comments included waiting to see if the firefighter positions would be grant funded; support for including a project, but not site- specific; a project to debate; support, with data to support it; and, discuss further at next work session after receiving additional information. No changes (discussion to follow regarding wind turbine project inclusion) Street Lighting No changes. Library No changes. Recreation No changes. Parks No changes. Request to include funding for a comprehensive study of city parks (requested by Parks Recreation Commission), including pocket parks, neighborhood parks, retirement of parks, etc. Comments included: Funding was included to work with the public and Commission to develop a large playground, but was not site specific, A park comprehensive plan could be done by staff. Suggestion to have an employee certified to install playground equipment better liability protection for the city. Beautification. Suggestion to move the $300 noted for brochure and put into purchase of flowers no objections. No changes. Boating No changes. Water /Sewer Water No changes. Water /Sewer Sewer No changes. Wastewater Treatment Plant No changes. Airport No changes. -42- COUNCIL BUDGET WORK SESSION APRIL 19, 2010 PAGE 4 Terminal Discussion took place related to request of Airport Commission to have the fuel dispensing system at the float plane basin upgraded at a cost of 525,000 no objections. Concern there was not sufficient qualified personnel for snow removal in the winter months. It would require a permanent part -time seasonal position for winter months at a cost of $43,000 with benefits and would save S9,200 of overtime. The position would be full-time during the winter months. Item to be revisited at the April 20, 2010 budget work session. The work session ended at 9:00 p.m. Notes prepared by: Carol L. Freas, City Clerk -43- Attached are the following items: KENAI CITY COUNCIL BUDGET WORK SESSION APRIL 20, 2010 KENAI CITY COUNCIL CHAMBERS LAYDOWN INFORMATION 4/19/2010 Budget Work Session Notes Deputy City Clerk Position Reclassification Information Wind Turbine Project Alaska Energy Authority Weather Station Wind Resource Summary for Kenai, AK article and email of Nadia Daggett, Alaska Wind Industries Alaskan Wind Industries In.formation Packet -44- Council present: R. Molloy, M. Boyle, R. Marquis, J. Moore, B. Eldridge, P. Porter Council absent: H. Smalley Staff present: C. Freas, M. Bondurant, E. Hicks, R. Craig, K. Stearns, K. Lyon, B. Frates, W. Ogle, M. Joiner, T. Eubank, R. Koch, M. Tilly, and G. Sandahl The work session began at 6 :00 p.m., continuing from the April 19, 2010 work session. Continued review of department budgets: No changes. KENAI CITY COUNCIL BUDGET WORK SESSION APRIL 20, 2010 KENAI CITY COUNCIL CHAMBERS 6:00 P.M. MAYOR PAT PORTER, PRESIDING Airport snow removal comments: No additional staff needed. Can be handled in house using staff from Streets, etc. Concern expressed using staff from other departments could be a detriment to that department. It would not be a detriment to the other department. Concern taking resources away from staff on Streets would degrade the services in subdivisions. Would not degrade service to the streets, job sharing can be done with other departments as well, and by winter, will work out internal policies. Float Plane Basin fuel dispensing system comments: April 19 comments noted it would not be a significant amount to replace the system this year, however hoped to find a concessionaire. Change Replace the fuel dispensing system at the Float Plane Basin (estimated cost of $12,500). Capital Management No changes. Pe anent Funds No changes. Debt Service Funds No changes. Council was asked if there would be objections to investigating putting the General Fund Permanent Fund into an investment vehicle. There were no objections stated. Building Maintenance Schedule Comments included: The city manager would be making some changes on the schedule in the near future; repairs were needed on all the city facilities; the purchase of asset -45- KENAI CITY COUNCIL BUDGET WORK SESSION APRIL 20, 2010 PAGE 2 management system software was anticipated to assist in capturing all the cit assets; and, the software would automate the replacement schedule, etc. No changes. Senior Center New windows for the solarium were intended to be purchased from the current budget. No changes. Multipurpose Facility No changes. Recreation Center Comments included: Many repairs were needed, i.e. restrooms, walls, dirty, Teen Center repairs, etc. Concern there will be operational issues and regular monthly inspections may need to be planned. No changes. Street /Road Improvements comments included: Koch will make a list of the road condition survey available to Council. A work session would be held later in the year related to lighting projects (Central Heights and Mumson's Subdivision). No changes. Training Facility Comment included: Carpet in the staff area was needing to be replaced; Administration was investigating replacing the carpet with a different covering; and, Koch would provide an answer of how the replacement would be addressed before the budget goes before Council for consideration. Equipment Schedule Comments included: Desire to change how the amounts are collected; structure it so the true replacement costs (or 90 are captured. There is no inflation proofing for the Fund and it was not self sustaining as it is currently. No changes. Wind Turbine Information distributed to Council Members. Comments included: No S.N.A.P. program would be available through HEA. $90,000 would fund a project; grants are available for a portion of a project; and, pay back could take 7.5 years or Less. -46- KENAI CITY COUNCIL BUDGET WORK SESSION APRIL 20, 2010 PAGE 3 Interest in moving ahead with including $90,000 in the budget for a project. Interest in including $20,000 for a study; depending on what study provides, then consider a project and location for project. Favor to conduct a study first. No one at the table was qualified to discuss wind turbine projects; the report was biased; concern the Visitor Center site would be a tourist attraction; and, interest in funding a study first. A study would take a couple of months to get back from contractor. Support for exploring wind generated power. An 82' height would require a variance. The City needs to rely on expertise of someone with expertise to review the information and make a recommendation. Supports the concept and supports putting funds in the budget for a project at a later time based on a qualified engineering study. Funding for a study was included in the draft budget. The idea is being fiscally responsible; it was not a tourist attraction; and, Council makes a lot of decisions for which they are not qualified. Changes No on adding $90,000 for a wind project. Senior Center Budget Comments included: In the future, more and more General Fund monies will be put in the Senior Center budget and that will be dangerous. Belief there was more to do that would be income producing. Administration was prepared investigate it. Legislative Budget Comments included: Suggestion Council consider having computers at the dais and do less paper packets, etc. for use by Council and commissions /committees. Administration was requested to investigate the issue. City Attorney should be included in the discussions as doing so could implicate lots of public record issues. The Clerk and IT person should be involved in the discussions. Building Repair Maintenance Comments included: Concern with $50,000 amount. Want to include enough to cover costs. Daubenspeck Fland Comments included: Change references in the budget to identify Daubenspeck Fund. Administration would be investigating how to make it a fund on its own. With all the improvements provided by monies from the Daubenspeck donation, felt naming a park should be considered, i.e. the new soccer fields. Old Town Study Comments included: -47- KENAI CITY COUNCIL BUDGET WORK SESSION APRIL 20, 2010 PAGE 4 Suggestion to include $40,000 in the budget to have a study or plan done for development of Old Town. Reestablish the Townsite Historic Committee concurrently and include discussion /review of a study as one of its goals and objectives. BREAK TAKEN: 7:06 P.M. BACK TO ORDER: 7:12 P.M. awarded. Suggestion to wait until after it is learned whether the firefighter grant is Update of budget changes. Full -Time Deputy Clerk Position Request Additional information provided as requested. Comments included: Review of Clerk's justification for need to redirect the full -tithe split position to full time in the Clerk's Department. Scenario offered of replacing the split position in the Finance Department with a part -time, no benefits position. Request rejected by manager was based on his observation of Clerk's Office and he did not believe a full -time position was warranted. Should there be a Deputy Clerk. A half -time position without benefits would be hard to keep filled; the Finance portion of the position currently fills in for two others in the department; if approved, would need two full -time positions. Request to consider both positions. Request for cost information to fund both positions. The projected revenue was an estimate and conservative. Suggestion to wait a year and add both positions or take money from other areas of the budget and balance. Suggested to wait until September when it will be known if the two firefighter positions are funded by grant and then have a budget review. Request to see the impact, including more information from Administration of costs to the budget if both positions are added (adding one full -time position and moving the full -time split position to full time in Clerks Department). Include the Airport position in the cost information. Additional cost information to be provided to Council prior to the budget ordinance coming forward. Suggestion to hold another budget work session. Suggestion to hold another work session later. The work session ended at 7:54 p.m. Notes prepared by: Carol L. Freas, City Clerk -48- 0 0 U a F z 0 z 0 0.' J Q 9 0 CC a d J 0 z 0 0 U 0 w w z z Z 2 O Y U I II 2 W W) w o r 0 0 0 o N a 0 w r w tC W O li co O w Z 0 C• O W U. W 0 W J W U It 6 ce D v 0 0. 0 N rn -49- 0 0 0 CV 0 0 0j 0 t6 N Z 0,' W H d H 7 J a =E- ii: co 0 I— W w m N 0 W q U D a M z co J W Z Z J 0 w 0 w 0 J J Z Z O U (9 w Z r O Z z W Z W H z the tityof KENA� SKA 'Village with a Past, Gc with a Ftdtare 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 TO: Finance Department THRU: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: April 27, 2010 SUBJECT: Arsenic Groundwater Study The increase is for: ADECApproval: y 7/20r MEMO NDUM Please increase PO 90933 to HDL by $86,263.00 for Amendment No. 13 to the contract for Arsenic Groundwater Study as per proposal dated April 21, 2010. Task 13 Conducting an aquifer evaluation of Well 2 including drilling of monitoring well to determine aquifers ultimate yield and capacity for additional production wells. $82,753,00 Task 14 Analysis and evaluation of the ion exchange pilot study. $3,510.00 For Council Approval: May 5, 2010 TOP 1992 AMENDMENT NO. 13 PROFESSIONAL SERVICES AGREEMENT ARSENIC GROUNDWATER STUDY, CITY OF KENAI, ALASKA The City of Kenai (CITY) and Hattenberg Dilley Linnell Engineering (CONSULTANT) amend the Professional Services Agreement (Arsenic Ground Water Study, City of Kenai, Alaska) (Agreement), dated July 6, 2006, as follows. 1. The scope of the services is expanded to Tasks 13 evaluating the Well 2 aquifer and Task 14 assisting the City in the pilot study of the Tonka ion exchange equipment as detailed in the proposal dated April21, 2010 2, Section 5 of the agreement Time of Performance shall be amended by extending the Consultants time of performance to August 1, 2010. 3. Except as modified herein, all other terms and conditions of the Agreement remain in full force and effect. 4. The following is a summary of the contract price history of the Agreement as amended: The original contract price $35,850.00 The net change by previously authorized Amendments $346,191.00 The contract price prior to this Amendment $362,041.00 The increase in contract price by this Amendment $86,263.00 The new contract price including this Amendment $486,304.00 CITY OF KENAI HATTENBURG DILLEY LINNELL ENG. By: By: Rick R. Koch, City Manager Lorie M. Dilley, P.E. /C.P.G, State of Alaska State of Alaska Third Judicial District Third Judicial District The foregoing instrument was acknowledged before me this day of May, 2010, by Rick R. Koch, City Manager for the City of Kenai, (Signature of Person Taking Acknowledgment) (Signature of Person Taking Acknowledgment) (Title) (Serial Number, if arty) Approved by Legal: Approved by Finance: -51- The foregoing instrument was acknowledged before me this day of May, 2010, by Lorie M. Dilley, P.E. /C.P.G. (Title) (Serial Number, if any) Scott Hattenburg. PE Louis Di'ley. PECPG Dennis Linnell, PE David Lundtn, PE April 21, 2010 Mr. Kevin Lyon, Capital Projects Manager City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 -7794 Re: Fee Proposal for Engineering Services Task 13 Well 2 Aquifer Evaluation and Task 14 Additional Ion Exchange Pilot Study Dear Mr. Koch: HA1TENBLIR4; DILLEY' Engineer ng Cars As requested, Hattenburg Dilley Linnell (HDL) has prepared and submits herewith this revised fee proposal to evaluate the City of Kenai's Water Well 2 aquifer (Task 13) and to assist the City with the pilot study of the Tonka Equipment Company (Tonka) ion exchange water treatment system (Task 14). BACKGROUND Well 2 Aquifer Evaluation. Kenai's current water supply is primarily from a sole source aquifer located at the City of Kenai's Water Well 2 (Well 2). Well 2 is currently supplying nearly all of Kenai's water and a backup water supply is needed. Previously, HDL performed an extensive groundwater study to find a new water supply with low concentrations of arsenic and color. The study results indicated that the best alternative for an additional water supply was to expand production at Well 2. Other aquifers are available, but were found to have high arsenic, high color, or low production rates. Well 2 has reliably produced relatively high quality water with low arsenic <10 ppb) and moderate color (50 color units) at rates of 600 to 1000 gallons per minute (gpm) for 30 years, yet little is known about the aquifer. Questions of the aquifer's ultimate yield, capacity for additional production wells, and whether arsenic or color will increase as pumping rates are increased need to be answered. Ion Exchange Pilot Study. We understand Tonka has offered to provide a free ion exchange pilot test unit, FOB Kenai; and the City wishes to pilot test the equipment and evaluate the results for the removal of color. We understand Tonka will be providing the equipment, and the City staff will operate and evaluate the ion exchange equipment. In the initial phase of the HDR medial filtration water treatment pilot study for color removal at Well 2 (January 2010) the ion exchange water treatment process was reviewed and dismissed. It was dismissed because of concerns over corrosion in the City's sewer system from the brine 3335 Arch c Souleva 808 South Bailey St Suite 100 Anchorage Alesl:a 99503 Phone: 907.584.2120 Pax: 907.564.2122 Suite 102 Palmer Alaska 99645 Phone: 907.746.5230 Fax: 907/46.5231 -52- RE: Kenai Water System Improvements April21, 2010 Page 2 of 6 backwash; the effect of brine on the wastewater treatment system's biological process; and the estimated high volumes of salt required to regenerate media. However, the unit is being provided free of charge, the City wishes to use the opportunity to evaluate the treatment process on the Well 2 color. SCOPE OF WORK Task 13 Well 2 Aquifer Evaluation The purpose of Task 13 is to analyze the Well 2 aquifer before initiating a water treatment facility project and adding production wells. Task 13 includes: 1. reworking and instrumenting the nearby USGS well, 2. drilling and instrumenting two new 6 -inch observation wells near Well 2 3. surveying monitoring wells, 4. developing and implementing a testing plan based on the City's operating patterns, 5. analyzing data collected to determine aquifer capacity, yield rate and future well spacing, and 6. preparing a report that estimates the aquifer's long term capacity including recommendations for new production well size, pumping rates, spacing and depths. We anticipate that the pump and recharge tests will occur over a 17 day period and the field instrumentation and observation work will be completed by HDL staff. Drilling of the new monitoring well will be performed by Kraxberger Drilling; aquifer test program oversight, and data analysis will be performed by J.A. Munter Consulting, Inc. 13.1 Aquifer Test Plan Development a. Evaluate, Rework and Instrument USGS Well. There is an existing "USGS Beaver Creek Well" (USGS Well) located south of Well 2 near the Kenai Spur Highway right -of -way. If it is hydraulically connected to the Well 2 aquifer, we would like to reuse this well as an observation well to avoid the cost of drilling another well. We understand the well is under artesian pressure and the top 40 feet is filled with mineral oil. -53- RE: Kenai Water System Improvements April21, 2010 Page 3 of 6 For this subtask, HDL staff will coordinate with USGS to determine any requirements for the use of the well. City staff will remove the mineral oil, and we will hire Kraxberger Drilling to remove the welded dome cap and replace it with a bolted flange for access. We will then instrument Well 2 with a pressure transducer and data recorder and gather data for a couple of days to confirm that the well is hydraulically connected to the Well 2 aquifer and that it can be used as an observation well. While onsite, we will also meet with the City and set up the optimum timing for the test program. HDL will gather field information to determine the viability of using other wells, water system operating procedures, and City of Kenai daily usage patterns. We will also review as -built drawings of the pump house piping and equipment layouts. We will investigate Jack Lashot's residential well located south of Well 2 for possible inclusion into the aquifer test program. We understand this well apparently responds when the Well 2 is running. If it is deemed viable for monitoring, it will be instrumented and ncorporated into the final aquifer test plan as a fourth monitoring well. b. Drill New 6 -inch Observation Wells. After locations for new monitoring wells have been established, we propose to advance two 6 -inch wells approximately 20 -40 feet from Well 2 so that the upper and lower screened zones can be monitored. One observation well, termed the "shallow well will be approximately 160 -170 feet deep. The other observation well, termed the "deep well will be approximately 200 -210 feet deep. Both wells will be drilled by air rotary equipment. Our cost proposal assumes that an additional 8-inch casing will be required in the top 25 feet of each well so that artesian pressures in the flowing sands can be controlled. Well logs will be prepared for both observation wells based on the soil cuttings that are retrieved. We will collect several soil samples during the drilling in order to evaluate the subsurface conditions and bette, understand the nature of the aquifer. We will notify the City at least 24 -hours in advance of the drilling days so that a representative may be present during drilling operations. An engineering geologist from our office will be on -site during drilling operations to evaluate the nature of the soils, collect samples, and to observe the drilling action. c. Survey Monitoring Wells. HDL's survey crew will perform a field survey to establish horizontal positions and vertical elevations of Well 2, the USGS well, and the two new monitoring wells. If Jack Lashot's well becomes the fourth monitoring well, this will also be surveyed. We intend to reuse the Nelson survey control for the Lawton Drive water main extension project. This will ensure that the vertical datum is consistent with previous design work and current construction. If we are unable to recover the Nelson -54- glok; RE: Kenai Water System Improvements April 21, 2010 Page 4 of 6 control we will establish a NAVD 88 benchmark using a GPS OPUS solution. We will deliver a spread sheet with the reduced elevation data. d. Install Transducers Monitor Well 2 Activity. HDL will install pressure transducers and data loggers on the following observation wells. 1. USGS well 2. 2 monitor wells onsite 3. 1 residential well offsite The City will operate and monitor Well 2 activity during its normal operation for one week. HDL will gather pressure transducer data and well flow information at the end of one week. After this period, data will be downloaded and analyzed by Jim Munter. e, Prepare Aquifer Testing Plan Based on the initial monitoring of Well 2 activity, an aquifer testing plan and water sampling schedule will be prepared and submitted to the City for review and approval. HDL will review existing Alaska Department of Natural Resources (ADNR) water rights for Well 2 to ensure that there are no violations in the allowable extraction limits. The following preliminary aquifer test program is anticipated and will be refined after monitoring Well 2 activity: PRELIMINARY AQUIFER TEST PROGRAM 1. Monitor USGS well activity (3 days) 2. Monitor Well 2 activity, normal usage pattern (one week) 3. Pre Pumping Aquifer Recovery Time, Well 2 Off ±48 hours) 4. Continuously pump Well 2 aquifer, Well 2 On continuously ±72 hours) 5. Post Pumping Aquifer Recovery, Well 2 Off ±48 hours) 13.2 Aquifer Testing and Analysis a. Aquifer Test. After review and approval of the aquifer testing plan, HDL will commence testing. We anticipate that aquifer testing will occur for about 7 days, HDL staff will participate 8 hours per day during the continuous run phase of aquifer testing. We anticipate collecting water quality samples from Well 2 and from the newly drilled monitoring wells at approximately 6 hour intervals while Well 2 is running to determine whether there is some pump rate at which intrusion of additional arsenic, iron, manganese, chlorides or color would be problematic. -55- Wk. RE: Kenai Water System Improvements April 21, 2010 Page 5 of 6 Aquifer Analysis. We will analyze the field data collected using conventional well hydraulic analysis to determine aquifer capacity, b. Letter Report. A letter report will be submitted to the City of Kenai. The letter report will estimate the aquifer's capacity and will provide recommendations for new production well size, spacing, pumping rates, and depths. HDL will provide field data, report graphics and peer review on the report. Please see the attached fee proposal from J.A. Munter Consulting for additional details, Task 14— Additional Ion Exchange Pilot Study The purpose of Task 14 is to assist the City with oversight and evaluation of Tonka's pilot testing equipment, The scope of this task is to make available Pierre Kwan, water quality specialist at HDR to answer questions and interpret results. The pilot test will be operated by City staff. BASIC ASSUMPTIONS The following basic assumptions were used to prepare this estimate: 1. The USGS well is outside the DOT right -of -way and will not require DOT permits. 2. Excludes studies to determine if the ground water is under the direct influence of surface water. 3. Assumes reuse of the USGS Beaver Creek well (the USGS well is hydraulically connected to same aquifer as Well 2. 4. Well 2 will be used as the pump test well. The City will control the operation of the well during the pump test program. 5. City will provide historical records on water use rates and daily usage patterns. 6. City will provide calibrated meters accurate to ±5% and will gather instantaneous and total flow rates 7. The test will occur in early May. All excess water produced during the continuous flow testing will be discharged to Beaver Creek surface waters, or another approved receiving water. Discharge permits will be provided by the City. -56- A RE: Kenai Water System improvements April 2010 Page 6 of 6 Upon notice to proceed we will commence field work as soon as possible, Based on an NTP of about April 1, 2010, we would anticipate performing additional drilling and aquifer testing as soon as the driller is available. Aquifer evaluation and water treatment pilot studies would be completed by late May or early June, 2010. We propose to provide the aforementioned services on a time and expenses basis at our published hourly labor rates and standard 5% mark -up on subcontractors and reimbursable expenses for a not to exceed amount of $82 753 for Task 13 and $3 510 for Task 14, as detailed on the attached fee estimate sheet. We appreciate the opportunity to provide this proposal and look forward to assisting the City with these important projects. If you have any questions, you can contact me at 564 -2120. Sincerely, HATTENBURG DILLEY LINNELL, LLC c Scott Hattenburg, PE Principal Engineer SCHEDULE FEE Attachments: Fee Estimate dated 21 Apr 10 (2 pages) J.A. Munter revised proposal dated 12 Feb 10 (2 pages) H: \proposals180 -014 Kenai Water Treatment Plant \Kenai Water Well Analysis \Kenai Well Analysis Proposal 21 Apr 10 (FINAL).doc -57- FAITENBUR( GIIL Enq inexrinr C ITEM ACTIVITY 13,1 Aquifer Test Plan Development USGS Well Evaluation Rework (3 days) Principal 12 hrs $165 1,980 Staff Engineer Well Driller Airfare Per Diem (staff) Press Trans./ Dataloggers Mob& Demob Drill 6" Well Drill 8" Casing Develop Wells Per Diem (staff) Airfare Misc. Survey Monitoring Wells Survey Manager 2 -Man Crew 2-Man Crew OT Transportation /Equipment Aquifer Testing Principal Staff Engineer Lab Analysis (Water) Airfare Per Diem Project: Engineer: Scope: Date Prepared: Kenai Water Well Analysis Hattenburg Dilley Linneil Engineering 04/21/10 QTY RATE LABOR 24 hrs $95 1 Allow. $5,000 1 ea $250 3 days $150 1 ea $1,228 Prepare Test Plan Principal 4 hrs $165 J.A. Munter 1 fee $1,690 1 ea $1,000 330 ft $42 50 ft $75 16 hrs $400 6 days $150 1 ea $250 1 ea $300 Drill Instrument 2 New Wells (3 days per well including flushing and testing) Geotechnicai Engineer 4 hrs $165 660 Staff Scientist 90 hrs $85 7,650 Press Trans./ Dataloggers 3 ea $1,228 Airfare 1 ea $250 6 hrs $130 8 hrs $185 2 11s $215 1 ea $1,000 Data Analysis and Report Principal 2 hrs $165 J.A. Munter 1 fee $5,520 2,280 780 1,480 430 660 12 hrs $165 1,980 60 hrs $95 5,700 36 ea $240 2 ea $250 9 days $150 330 REIMB 5,000 250 450 1,228 3,684 250 1,000 13,860 3,750 6,400 900 250 300 1,000 8,640 500 1,350 SUB 1,690 13.2 Aquifer Testing and Analysis 5,520 ITEM TOTAL TOTAL 11,188 38,704 3,690 2,350 18,170 5,850 $55,932 $24,020 4(21/2010 Page 1 of 2 Kenai Water Well Analysis -58- ITEM ACTIVITY CITY RATE LABOR REIMB SUB TOTAL TOTAL Council Presentations 0 J.A. Munter 1 fee $0 Subtotal 5% Markup TOTAL, TASK 13 14.0 Tonka Ion Exchange Water Treatment Pilot Testing 53,390 Technical Assistance Principal 6 hrs $165 HDR Water Specialist 20 hrs $120 23,930 48,812 7,210 579,952 52,441 5361 $2,801 523,930 551,253 57,571 $82,753 990 2,400 3,390 Subtotal 990 2,400 53,390 5% Markup 50 5120 $120 TOTAL, TASK 14 5990 50 52,520 53,510 4/21/2010 Page 2 of 2 Kenai Water Well Analysis -59- February 12. 2010 Ms Lorie Dil ley, PE /CPG Principal Engineer Hattenhurg Dilley K Linnell 3335 Arctic Boulevard, Suite 100 Anchorage AK 99503 Re: Proposal for aquifer test and analysis, City of Kenai, Alaska Dear Ms. Dilley: -60- J. A. MUNTER CONSULTING, INC. This letter is to present a scope of services and costs to provide professional services to assist with design and data analysis of an aquifer test in the vicinity of City Well No. 2 at Kenai, Alaska. The objective of the work is to determine whether the aquifer tapped by City Well No. 2 is potentially capable of yielding up to approximately 1.5 million gallons per day (MGD) of water. Further groundwater development activities will also be recommended to secure the needed water. The testing will also include further water quality testing and analysis. The work is divided into tasks as follows, some of which will be performed by others: Task 1. Existing well evaluation. Determine whether the "USGS w&11" several hundred feet away taps into the same aquifer as Well No. 2 and that the water level responds to pumping and is otherwise suitable for use as an observation well, or if other suitable wells may exist. Assumption: You (HDL) or others will perform this task. Task 2. Drill new wells. If the USGS well is usable as an observation well. then two other observation wells (termed "deep and shallow observation wells" for this proposal) should be installed approximately 20 -40 ft f,om Well No. 2. The shallow well should be approximately 160 -170 ft deep and the deep well approximately 200 -210 it deep, depending on formations encountered. Survey elevations should be obtained for all measuring points on well tops (including the well described below). Assumption: HDL or others will perform this task. Task 3. Prepare aquifer test plan. Pressure transducers and data loggers should be installed in the USGS well and the observation wells. There is another reported well a half -mile or so away, that reportedly responds when the city well is turned on. This should be investigated and instrumented with a pressure transducer if the well head can be configured so that the well does not flow artesian during any phase of the testing and will not freeze. Automatic water -level data collection should proceed for a week without changing the current pattern of water production from Well No. 2. These data should be retrieved and analyzed, the city water production and storage capabilities should be investigated, and a test pumping plan and water sampling plan should be developed and provided to the City of Kenai for review. The City's water rights should be examined to make sure that allowable extractions are not exceeded. Assumptions: I will make one trip to Kenai during this task. Ground transportation will be provided by HDL or others. HDL or others will perform all other field activities, examine water rights, provide data to me, and assist preparation of the plans. 5701 PENNY CIRCLE, ANCHORAGE., AK, 99516 Lam interaxrctic.net PH ONE (907)345-0165; FAX (907)345-S592 Task Estimated hours Estimated labor costs ($120'ir) Estimated travel and other costs Total Estimated costs S 12 $1,440 $250 $1,690 7 46 $5,520 $5, 520 2 ,900 totals 72 $8,640 $750 810,110 i I Task 4. Pre- pumping recovery. Temporarily shut down City Well No. 2 and record recovery of aquifer water levels with data loggers. This shut -down period should be for as long as possible, hopefully 24 to 48 hours. Preparations should be made for possible flowing artesian conditions. Assumption: HDL or others will perform this task. Task 5. Pumping and monitoring. At the planned tune, start the pump in Well No. 2 and record water levels in all observation wells and the pumping rate and total pumpage. The test should be continued for 24 -72 hours, as defined by the test plan. This may involve discharging water somewhere in the system. Collect water samples during the pumping period as planned. Task 6. Recovery. At the planned time, stop pumping. Record water -level recovery in all wells for as long as possible without further pumping, hopefully for 24 -48 hours. When pumping resumes for normal city water operations, retrieve all data loggers and pressure transducers, secure the wellheads, and download the data. HDL or others will perform this task. Task 7. Data analysis and reporting. Plot and analyze the data using standard well hydraulics methods and prepare draft and final letter reports summarizing findings and recommendations. Assumptions: .HDL will provide field data, prepare report graphics, and review and provide comments on draft report. i Par DaserE. D* 8 Task 8. ens. 1 will prepare and travel to r. attend two work sessions to review the aquifer test plan and a s. di commendations. Assumptions: HDL will prepare any power poin it input a from me, and provide ground transportation. (note: I an y be unavailable for travel to Kenai t e fMarch 8 -12). Following are estimated efforts and costs for J. A. Munter Consulting, Inc., activities only (tasks not listed have no such costs). Should you have any questions, please call me at 345 -0165 or 727-6310 (cell). it' 7, ZtQ Sincerely, 1 A. Mnntcr Consulting, Inc. James A. Munter Principal Hydrogeologist Certified Ground Water Professional No. 119481 Alaska Licensed Professional Geologist No. 568 Aquifer testing proposal, City of Kenai, Alaska Page 2 of 2 Feb. 12, 2010 -61- J. A. HUNTER CONSULTING, INC. theciyaf KENAI. ALASKA The increase is for: "Village with a Past Gc with a Mare 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 lIIt 1992 MEMO L DUM TO: Finance Department THRU: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: April 27, 2010 SUBJECT: Marathon Road Improvements Project 2008 Please increase 86417 to HDL by $9,992.00 for Amendment No. 3 to the contract for Marathon Road Improvements Projects 2008 as per proposal dated April 21, 2010. Task 8 Design Effort for re- submitting the final Plans, Specifications and Estimate to reflect the deletion of the water line extension and updating the specifications to the most recent special provisions, and design modifications for HEA. This does not include any changes to the Erosion and Sediment Control Plans. For Council Approval: May 5, 2010 The City of Kenai (CITY) and Hattenberg Dilley Linnell Engineering (CONSULTANT) amend the Professional Services Agreement (MARATHON ROAD IMPROVEMENTS PROJECT 2008) (Agreement), dated July 6, 2006, as follows: 1. The scope of the services is expanded to Contract is amended to include: resubmitting the Final Plans, Specifications and Estimate to reflect deletion of the water line extension, updating the specifications to the most recent special provisions, and design modifications and includes the design requests from Horner Electric. This amendment does not include any changes to the Erosion and Sediment control Plans. The total not -to- exceed amount is $9,992 as per proposal dated April 21, 2010. 2. Except as modified herein, all other terms and conditions of the Agreement remain in full force and effect. 3. Section 5 of the agreement Time of Performance shall be amended by extending the Consultants time of performance to December 31, 2010. 4. The following is a summary of the contract price history of the Agreement as amended: The original contract price $164,856.00 The net change by previously authorized Amendments $272,647.00 The contract price prior to this Amendment $437,503.00 The increase in contract price by this Amendment $9,992.00 The new contract price including this Amendment $447,495.00 CITY OF KENAI By: Rick R. Koch, City Manager State of Alaska Third Judicial District The foregoing instrument was acknowledged before me this day of May, 2010, by Rick R. Koch, City Manager for the City of Kenai. (Signature of Person Taking Acknowledgment) (Title) (Serial Number, if any) Approved by Legal: Approved by Finance: AMENDMENT NO. 3 PROFESSIONAL SERVICES AGREEMENT MARATHON ROAD IMPROVEMENTS PROJECT 2008 -63- HATTENBURG DILLEY LINNELL ENG. By: Dennis R. Linnell, P.E. State of Alaska Third Judicial District The foregoing instrument was acknowledged before me this day of May, 2010, by Dennis R. Linnell, P.E., (Signature of Person Taking Acknowledgment) (Title) (Serial Number, if any) CIVIL ENGINEERING GEOTECHNICAL ENGINEERING TRANSPORTATION ENGINEERING ENVIRONMENTAL SERVICES PLANNING SURVEYING CONSTRUCTION ADMINISTRATION MATERIAL TESTING April 21, 2010 Mr. Rick Koch City Manager City of Kenai 210 Adalgo Avenue Kenai, Alaska 99611 -7794 Dear Mr, Koch: Sincerely, HATTENBURG DILLEY LINNELL Jeff M. Fuglestad, P.E. Senior Civil Engineer Encl: HDL Fee Estimate Amendment 3 -64- HATTENBURG DILLEY LINNELL Eng eerin© Consultants Fife: 07 -032 Re: Marathon Road Improvement Project Phase 2; Baron Park Lane /HEA Access Road Improvements Per our discussions, additional work has been incurred for the Marathon Road Improvement Project, Phase 2; Baron Park LaneIHEA Access Road. This additional work includes: Task 8 out of scope: Design effort for re- submitting the final Plans, Specifications, and Estimate to reflect the deletion of the waterline extension from this project. Additional work also includes the updating of the specifications to the most recent special provisions, and design modifications to include the design requests from Homer Electric Association, ADOT is updating the environmental checklist to reflect the deletion of the waterline from this project. The ADOT requirements and format for Erosion and Sediment Control Plans (ESCP) have been recently changed, however the ADOT project manager, Jim Amundsen, is advocating for utilizing the previously submitted ESCP. As such, this fee estimate assumes that a new ESCP will not be required. An atnendment should be issued to our contract in the amount of $9,992 for this additional work. Please contact me if you have any questions regarding this matter. 3335 Arctic Eoelevard Suite 100 Anchorage Alaska 99503 Phone'. 907.564.2120 202 W. Elmwood Avenue Suite 1 Palmer Alaska 99645 Phone: 907.746.5230 907.504.2122 x: 907 746.5231 Project; HEA Access /Baron Park Improvements Engineer: HATTENBURG DILLEY LINNELL Plans, Specifications, and Estimate Amendment 3 Date Prepared: 04/21/10 SUB SUB TASK ACTIVITY OTY RATE LABOR REIMS CONTR TOTAL TOTAL 8.0 Plans, Specifications, and Estimates $9,992 8.1 DOT &PF TORA Assistance Project Manager 0 hrs 140 0 Designer /Engineer 0 hrs 90 0 8.3 Design Study Report Project Manager 0 hrs 140 0 Designer /Engineer 0 hrs 90 0 Drafting Technician 0 hrs 90 0 Clerical 0 hrs 75 0 Reproduction 0 Sum 500 8.6.1 Fnal PS &E Plans (Baron HEA1 Project Manager 36 hrs 140 5,040 Designer /Engineer 20 hrs 90 1,800 Drafting Technician 20 hrs 90 1,800 Clerical 5 hrs 75 375 EDC Electrical Engineer 1 Sum 430 Reproduction 1 Sum 500 8.8 Bidding Assistance Project Manager 0 hrs 140 0 Designer /Engineer 0 hrs 90 0 -65- 0 500 430 5 0 50 $9,945 5 0 Subtotal 9,015 500 430 9,945 5% Markup 25 22 $47 TOTAL TASK 6 9,015 525 452 $9,992 1 of 1 4/21/2010 123 PM CITY OF KENAI ORDINANCE NO. 2482 -2010 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $111.94 IN THE GENERAL FUND FOR THE POLICE DEPARTMENT TO PURCHASE EQUIPMENT FROM ASSET FORFEITURE FUNDS PROVIDED TO THE CITY OF KENAI. WHEREAS, the Kenai Police Department works cooperatively with the Alaska State Troopers, Alaska Bureau of Alcohol and Drug Enforcement ABADE) in statewide drug enforcement efforts that directly impact the City of Kenai; and, WHEREAS, in April 2010, the City of Kenai received an asset forfeiture sharing check, totaling $111.94 from the State of Alaska ABADE unit; and, WHEREAS, acceptance of the funds obligates the City to expend the funds for law enforcement purposes only; and, WHEREAS, to meet its obligation, the Department intends to purchase investigative equipment, including a digital camera or camera accessories. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Grant Increase Appropriations: Police Small Tools $111.94 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of May 2010. Al PEST: Carol L. Freas, City Clerk Approved by Finance: G� -66- PAT PORTER, MAYOR New Text Underlined; (DELETED TEXT BRACKETED] 111.94 Introduced: May 5, 2010 Adopted: May 19, 2010 Effective: May 19, 2010 the C4y KENAI, ALASKA "Village with a Past, Ci y with a Fa6tre" I�fl 4�N t l1lr 1992 210 Fidalgo Avenue, Kenai, Alaska 9 961 1 -7794 Telephone: 907 -283 -7535 FAX: 907 -283 -3014 TO: Rick Koch City Manager FROM: Gus Sandahl Police Chief DATE: 4128/10 SUBJECT: Request ordinance appropriating drug seizure funds. In April 2010, the Alaska State Troopers, Alaska Bureau of Alcohol and Drug Enforcement (ABADE) made an Equitable Sharing payment in the amount of $1 11.94 to the Kenai Police Department. These funds were related to asset forfeitures from two Kenai Peninsula defendants on a 2008 criminal case, Per the 2009, U.S. Department of Justice Equitable Sharing Guide, equitable sharing funds used by law enforcement shall be used for law enforcement purposes only. Permissible uses of the funds include, but are not limited to, law enforcement investigations, training, and equipment. We are permitted to purchase equipment which is used by law enforcement personnel that supports law enforcement activities. I am requesting an ordinance to appropriate these funds to the General Fund, Police Small Tools to help pay for police investigative equipment. The police department intends combine this check with previous asset forfeiture funds to purchase digital cameras and digital camera accessories. ee:cy CITY OF KENAI KENAI. ALASKA AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $190,000 IN THE CONGREGATE HOUSING CAPITAL PROJECT FUND FOR REPAIR OF DAMAGE CAUSED BY THE FIRE SUPPRESSION SPRINKLER SYSTEM FAILURE, WHEREAS, the dry pipe fire suppression system at the Congregate Housing facility experienced a failure in December 2009, and WHEREAS, repairs to the facility are expected to total $190,000; and, WHEREAS, the City has received a notice of coverage from the installing contractor's insurance carrier; and, WHEREAS, the full cost of repairs is expected to be recovered through the installing contractor's insurance or the City's own insurance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Congregate Housing Capital Proiects Fund Increase Estimated Revenues: Insurance Restitution crease Appropriations: Construction $190,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of May, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: f ORDINANCE NO. 2483 -2010 New Text Underlined: [DELETED TEXT BRACKETED; -68- Suggested by; Administration PAT PORTER, MAYOR $190,000 Introduced: May 5, 2010 Adopted: May 19, 2010 Effective: May 19, 2010 the c% KENAA� SKA TO: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: April 27, 2010 SUBJECT: Ordinance No. 2483 -2010 Rick, Tillage with a Past City with a Fistare 210 FideIgo Avenue, Kenai, Alaska 99611 -7794 ,6 Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 lie ?992 —69— MEMO DL This Ordinance is to provide the funding to repair the insured water damage to the Vintage Pointe Senior housing. The damage was caused by a broken pipe fitting on December 21, 2009 in the dry sprinkler system. The leak occurred in the attic of the facility so damage occurred on three floors in both the hallways and apartments. A detailed damage assessment was completed on January 7, 2010. The project includes funds to develop bid documents so the construction may he competitively bid as required by the insurance company. Initial response charges have been included in the estimate, The full cost to complete the repair is expected to be recovered from insurance. Project Name: Vintage Point Sprinkler Damage Repair Funding: Insurance Claim Account Number: 2. Construction Construction Costs Construction Title 36 General Requirements Crawl Space Hall 1st Floor Hall 2nd Floor Hall 3rd Floor Apartment 102 Apartment 103 Apartment 104 Apartment 105 Apartment 203 Inspection Apartment 205 Apartment 206 Apartment 303 Apartment 304 Contingency 15% Total Construction Cost: 3. Other Project Costs A. Inspection Const. Management (CA by Engineer) B. Administration Contract Admin. Const. Mngt, C. Construction Permits Inspections: E. Administration Advertising, Printing Public Notices Total Other Costs: STATEMENT OF PROBABLE COST CITY OF KENAI CAPITAL PROJECTS Description: Repair Sprinkler Water Damage on three floors and crawl space including: 1st floor Hall, 2nd Floor Hall, 3rd Floor Hall, Apartment 102, Apartment 103, Apartment 104, Apartment 105, Apartment 205, Apartment 206, Apartment 303, and Apartment 304. Apartment 203 will be re- inspected but it appears that the Apartment was dried out w/o permanent damage A/E Firm: Klauder Company Project Manager: Kevin Lyon PROJECT COST ESTIMATE Status 1. Repair Costs Preliminary Damage Report Blazy Construction $1,500.00 Done Initial Response Mizera's Steam Way $6,633.00 Done Initial Response Soiie Construction replace waterlogged insulation $415.72 Done City Hours Estimated 62,797.20 Develop B!d Documents for Repair $15,000.00 Estimated Total $26,545.92 -70- $15,485.06 $1,044.00 $22,290.10 $22,309.65 $22,310.25 66,678.50 $3,079.95 67,476.15 $3,075.00 $243.00 $16,162.85 $2,909.12 32,861 .74 $1,999.63 32,640.33 $10,700.00 $0.00 63,000.00 Date: 4/20/2010 619,188.75 $127,925.00 6147,113.75 5127,925.00 Estimate; Blazy $16,340.33 Total Project Cost: $190,000.00 eety KENALASKA TO: FROM: DATE: faye with a Past, G 210 Fidaigo Avenue, Kenai, Telephone: (907) 283 -7535 www.ci.kenai. MEMORANDUM Mayor and Council Members Carol L. Freas, City Clerk April 29, 2010 SCHEDULE BUDGET WORK SESSION Following are dates indicated as available by Mayor /Council Members. Council Chambers are available on the following dates: C1f Attachment May 18 May 19 (prior to council meeting) May 21 May 24 May 25 May 27 May 28 A copy of the Chamber calendar is attached for your information. -71- with a Future" Alaska 99611 -7794 Fax: (907) 283 -3014 ak.us Council Member Date Available Smalley I May 14, 19, 20, 21 and 24 Eldridge i May 18, 19, 20, 24, and 25 Molloy 1 May 18, 19, 20, 21, 24, 25 Moore I May 18, 19, 20, 21, 24, and 25 Porter May 1 19 20, 21, 24, and 25 Marquis Boyle eety KENALASKA TO: FROM: DATE: faye with a Past, G 210 Fidaigo Avenue, Kenai, Telephone: (907) 283 -7535 www.ci.kenai. MEMORANDUM Mayor and Council Members Carol L. Freas, City Clerk April 29, 2010 SCHEDULE BUDGET WORK SESSION Following are dates indicated as available by Mayor /Council Members. Council Chambers are available on the following dates: C1f Attachment May 18 May 19 (prior to council meeting) May 21 May 24 May 25 May 27 May 28 A copy of the Chamber calendar is attached for your information. -71- with a Future" Alaska 99611 -7794 Fax: (907) 283 -3014 ak.us Sad -.Y. 1Vio ay `f esttay Wednesda 7b day ':FratlaY �TaYbr7laS' (II 1mt_01 o 1- `4 9 !o Il 12 13 14 18 19 2t1 «1 r -25 :4 25 2tt 27 IF 2( '30 1 2.3 4 7 v Tito 1! j, t 14 K 16 17 20 ?3 2: 23'24 25 )6:'i 27 28 20 30 L Library Commission Meeting, 7g, Council Chambers 5 CITY COUNCIL MEETING, 7P, COUNCIL CHAMBERS 6 J Councjl Work Sese bp, Cnunca ..rh:`FIIU&FS Town Hall Meeting, 8:30a, Challenger center Harbor Commission Meeting, 7p, Council Chambers 1I Beautification Committee Meeting, 7p, Council Chambers 12 PLANNING ZONING COMMISSION MEETING, 71I, COUNCIL CHAMBERS I Airport Commission Mee Chambers Couneli on Aging Meeting, 7p, Sento, enter 14 1. Historical Society Meeting /50th Anniversary, 3p, Council Chambers 6 17 18 19 CITY COUNCIL MEETING, 7P, COUNCIL CHAMBERS Parks Recreation Commission Work Session, 7p, Council Chambers I 25 26 PLANNING ZONING COMMISSION MEETING, 7P, COUNCIL CHAMBERS 27 28 29 13 C/ HOLIDAYICtTY OFFICES CLOSED May 2010 COUNCIL/ )MMISSION MEETING CALENDAR -72- CITY OF KENAI PROPOSED REVISION TO FY 2011 BUDGET CALENDAR May 13 Administration submits budget ordinance (incorporating Council directed changes to date) for introduction at May 19 City Council meeting May 19 Budget ordinance is introduced May 18 -25 Council Work Session May 26 Publish Notice 7 days prior to Public Hearing May 26 -27 Administration drafts amendment /substitute for budget ordinance incorporating any additional Council directed changes May 27 Administration submits amendment /substitute for budget ordinance for action at June 2 Council Meeting June 2 Public Hearing for budget ordinance June 2 Mill rate resolution adopted, must be provided to Borough by June 15 June 16 Motion to set Salaries City Attorney Would need motion to increase salary for COLA, salary increase after one -year is in employment contract City Clerk Would need motion to increase salar for COLA and/or increase to compensation City Manager —Would need motion for increase to compensation, based on satisfactory evaluation COLA increase is in employment contract. June 18 Publication distribution of adopted budget, Finance website updated -73- -74- RS" tientri ‘70 as Ce-51t rf MMS. st! ipt )Po kik aLpr Porter nTee en 0 nu time rz- 0, *\e s N\ 0, "e' 0 tOLYilli Q_Ar_ 4 Qv oi vThe co\ _L \-Aao -75- zit( \CD -2_0\0 1. CALL TO ORDER: a. Roll CaII b. Agenda Approval c. Consent Agenda d. *Excused Absences Commissioner Roy Wells 2. *APPROVAL OF MINUTES: a. *April 14, 2010 CITY OF KENAI PLANNING ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS April 28, 2010 7:00 p.m. *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 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. 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: a. PZ10 -09 Preliminary Plat Jackson Subdivision. A replat of Government Lots 131 and 150 (201 and 207 Highbush Lane). Plat submitted by Segesser Surveys, 30485 Rosland Street, Soldotna, Alaska. 5. PUBLIC HEARINGS: a. PZ10 -07 An application for a Conditional Use Permit to operate a Guide Business and Cabin Rentals from the property known as Tract A, Wild Rose Subdivision, Kenai River Addition (1403 Barabara Drive). Application submitted by David Goggia, Hooky Charters, 2915 Clipper Circle, Kenai, Alaska. b. PZIO -08 An application for a Variance Permit for Principal Structures for the property known as Tract A, Wild Rose Subdivision, Kenai River Addition (1403 Barabara Drive). Application submitted by David Goggia, Hooky Charters, 2915 Clipper Circle, Kenai, Alaska. 6. UNFINISHED BUSINESS: a. PZ 10 -06 A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending Council Adopt the City of Kenai Annex to The Kenai Peninsula Borough All Hazard Mitigation Plan. 7. NEW BUSINESS: a. Land Use Table Kennels Discussion /Schedule Work Session -76- b. KMC 14.20.115 Limited. Commercial Zone Discussion S. PENDING ITEMS: 9. REPORTS: a. City Council h. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED. (3 Minutes) 11. INFORMATION ITEMS: a. Zoning Bulletin (3/10/10) b. Kenai. River Center Project Applications Mullowney (Kenai River) Gabriel (Kenai River) 12. COMMISSION COMMENTS QUESTIONS: 13. ADJOURNMENT: -77- ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at approximately 7:00 p.m. 1 -a. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. 1 -b. Commissioner Bryson read the following changes to the agenda: ADD TO: MOTION: Agenda Approval 5 -a. PZ10 -07 Letter received from Kal and Alice Klingenstein, Lot 3, Wild Rose Subdivision, Kenai. River Addition 1302 Cunningham Court 5 -a. PZ10 -07 Area Property Map showing owner names and street addresses 1 -d. Excused Absences Scott Romain Commissioner Bryson MOVED to approve the agenda as presented and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. 1 -c. Consent Agenda MOTION: CITY OF KENAI PLANNING ZONING COMMISSION APRIL 28, 2010 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING MINUTES K. Rogers, J. Brookman, K. Koester, J. Twait, P. Bryson S. Romain, R. Wells (excused) City Planner M. Kebschull, City Planning Administrative Assistant N. Carver, Council Member B. EIdridge, Deputy City Clerk C. Hall Commissioner Brookman MOVED to approve the consent agenda and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. 14. *Excused Absences Roy Wells -78- Rogers YES Brookman YES F Koester 1 YES Romain EXCUSED Wells EXCUSED Twait YES I Bryson YES j Approved by consent agenda. *All items listed with an asterisk are considered to be routine and non- controversial by the Commission and will be approved by one motion. There 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 or MINUTES April 14, 2010 Scott Romain (added to agenda) Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT None ITEM 4: CONSIDERATION OF PLATS 4 -a. PZ10 -09 Preliminary Plat Jackson Subdivision. A replat of Government Lots 131 and 150 (201 and 207 Highhush Lane). Plat submitted by Segesser Surveys, 30485 Rosland Street, Soldotna, Alaska. MOTION: Commissioner Bryson MOVED to approve PZ10 -09 with the incorporation of staff recommendations. Commissioner Brookman SECONDED the motion. City Planner Kebschull reviewed the staff report included in the packet and recommended approval with no contingencies. Twait read the rules of public hearing and opened the meeting to public comment. There being no comments, the public hearing was closed. There were no Commissioner comments. VOTE: MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS 5 -a. PZ10 -07 An application for a Conditional Use Permit to operate a Guide Business and Cabin Rentals from the property known as Tract A, PLANNING AND ZONING COMMISSION MEETING APRIL 28, 2010 PAGE 2 -79- MOTION: Wild Rose Subdivision, Kenai River Addition (1403 Barabara Drive). Application submitted by David Goggia, Hooky Charters, 2915 Clipper Circle, Kenai, Alaska. Commissioner Bryson MOVED to approve PZ10 -07 and Commissioner Brookman SECONDED the motion. Kebschull reviewed the staff report included in the packet and recommended approval with the following requirements: 1. The water and wastewater systems must be approved by the State of Alaska Department of Environmental Conservation for the proposed use(s). A copy of the approved systems must be provided to the City of Kenai. 2. The guiding business is limited to two boats as described in the application. 3. House rules for the cabin rentals must be developed which are compatible with residential zoning including quiet hours. 4. All trash and fish remains must be properly disposed. Bear proof containers which meet Alaska Fish and Game standards must be used for any trash kept at the property. 5. The Fire Marshall must inspect the cabins prior to occupancy and every two years thereafter to insure they are in compliance with fire safety codes. Twait opened the meeting to public hearing. Henry Knackstedt, 1602 Barabara Drive, Kenai Spoke in opposition to the cabins on the property and wanted to keep the neighborhood residential. Sharalyn Wright, 1412 Barabara Drive, Kenai Spoke in opposition to the permit, noting poor road conditions, young children in the neighborhood, and noise issues. Terri Elliott, 1500 Barabara Drive, Kenai Spoke in opposition to the permit, noting road conditions, water and septic issues and noise issues. Greg Zorbas, 1308 Barabara Drive, Kenai Spoke in opposition to the permit, noting traffic issues and road conditions. Niki Schemanski, 1402 Barabara Drive, Kenai Spoke in opposition to the permit, noting traffic, increased road use and safety issues. Tom Wright, 1412 Barabara Drive, Kenai Spoke in opposition to the permit, noting an issue with river access. PLANNING AND ZONING COMMISSION MEETING APRIL 28, 2010 PAGE 3 -80- Rogers NO Brookman I NO Koester NO Romain EXCUSED Wells EXCUSED Twait NO Bryson NO Tyler Goggia, 2915 Clipper Court, Kenai Spoke in support of the permit, noting the guide service had been in business for ten years. David Goggia, 2915 Clipper Court, Kenai Applicant spoke in support of the permit, noting the cabin rental and guide service would be seasonal, not year round. Brenda Fowler, 1504 Barabara Drive, Kenai Spoke in opposition to the permit. Lanny Honaker, 1500 Barabara Drive, Kenai Spoke in opposition to the permit. There being no further comments, the public hearing was closed. Commissioner comments included: VOTE: C Could not support the permit after seeing the property. Felt the road would need upgrading if the peiiuit was approved. Had issues with traffic and noise. MOTION FAILED. Twait read the rules regarding the 15 day appeal process. 5 -b. PZ10 -08 An application for a Variance Permit for Principal Structures for the property known as Tract A, Wild Rose Subdivision, Kenai River Addition (1403 Barabara Drive). Application submitted by David Loggia, Hooky Charters, 2915 Clipper Circle, Kenai, Alaska. Mr. Goggia made a formal request to remove his application. No action was taken. ITEM 6: UNFINISHED BUSINESS 6 -a. PZ10 -06 A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending Council Adopt the City of Kenai Annex to The Kenai Peninsula Borough All Hazard Mitigation Plan (Clerk's Note: At its April 14, 2010 meeting, Commission postponed PZ10 -06 to the April 28, 2010 meeting. The motion to approve is active.) Gus Sandahl, Kenai Chief of Police Chief Sandahl reviewed the All Hazard Mitigation Plan included in the packet and requested comments from the Commission. PLANNING AND ZONING COMMISSION MEETING APRIL 28, 2010 PAGE 4 -81- Rogers I YES Brookman YES Koester I YES Romain EXCUSED Wells EXCUSED Twait YES Bryson 1YES Rogers YES Brookman ;YES Koester YES Romain EXCUSED Wells I EXCUSED Twait NO Bryson NO Rogers YES Brookman YES Koester YES Romain EXCUSED We EXCUSED Twwait YES Bryson RECUSED Commissioner Bryson recused himself as the Plan would come before the Borough Planning Commission, VOTE: MOTION PASSED UNANIMOUSLY. ITEM 7: VOTE: 7 -b. VOTE: NEW BUSINESS 7 -a. Discussion Land Use Table Kennels Schedule Work Session Kebschull reviewed the memorandum included in the packet. MOTION: Commissioner Rogers MOVED to bring back the issue in a work session and Commissioner Brookman SECONDED the motion. MOTION PASSED UNANIMOUSLY. Discussion KMC 14,20.115 Limited Commercial Zone Kebschull reviewed the memorandum included in the packet. MOTION: Commissioner Rogers MOVED to bring back the issue in a work session and Commissioner Brookman SECONDED the motion. PLANNING AND ZONING COMMISSION MEETING APRIL 28, 2010 PAGE 5 -82- MOTION FAILED. ITEM 8: ITEM 9: PENDING ITEMS None REPORTS 9 -a. City Council Council Member Eldridge reviewed the action agenda items of the April 21, 2010 Council meeting which was included in the packet. 9 -b. Borough Planning Commissioner Bryson reviewed the agenda of the April 12, 2010 Borough Planning Commission meeting (not included in packet) and the April 26, 2010 Borough Planning Commission meeting which was included in the packet. 9 -c. Administration Kebschull thanked the Commissioners for their testimony during PZ10 -07 and reminded them of the Town Hall meeting on May 8, 2010. ITEM 10: ITEM 11: Minutes prepared and submitted by: Corene Hall, Deputy City Clerk PERSONS PRESENT NOT SCHEDULED None INFORMATION ITEMS 11 -a. Zoning Bulletin (3/10/10) 11 -b. Kenai River Center Project Applications Mullowney (Kenai River) Gabriel (Kenai River) ITEM 12: COMMISSION COMMENTS QUESTIONS Brookman noted he would not be attending the next meeting (May 12, 2010). ITEM 13: ADJOURNMENT MOTION: Commissioner Rogers MOVED to adjourn and Commissioner Brookman SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:36 p.m. PLANNING AND ZONING COMMISSION MEETING APRIL 28, 2010 PAGE 6 -83- REPORT OF CITY MANAGER MEMO: Attached please find the following: 'Village with a Past, Ci y with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 TO: City Council FROM: Rick Koch DATE: April 29, 2010 SUBJECT: Status and History of Daubenspeck Donation The purpose of this correspondence is to provide information requested by the Council regarding the history and present status of funding generated by the donation of surface and sub surface properties to the City by Harold Rita Daubenspeck. 1. My memorandum to the Council dated April 13, 2010 and attachments which provides the history of the donation. 2. Plat No. KN79 -49 depicting in bold the surface property donation 3. Plat No. KN 79 -49 depicting in bold the subsurface property donation 4. Financial Accounting of Receipts from Oil Gas Revenues and Land Sales, and Expenditures to Athletic Programs from Daubenspeck Donation In summary, the total earnings since inception, from oil gas revenues and land sales from properties (surface sub surface) donated by the Daubenspecks is $2,170,329.66. The expenditures to athletic programs has been $1,884,700.58 resulting in a balance of $285,629.08 contained within the general fund. Beginning in FY 2012 budget it is Administration's intent to include in the budget presentation a discussion of revenues and expenses associated with the Daubenspeck donation. If you have any questions, please contact me at your convenience. -85- I �II II 1992 Daubenspeck Oil Gas Royalty Receipts and Expenditures Fiscal 011 Gas Land Sales Year Royalties Land Sales Interest Interest 16 3.5% Total Earnings Expenditures Descriptions Balance 980 981 982 983 984 78,237.07 78237,07 78,237.07 985 27,540.71 22,167.19 2,738.30 52,446.20 130,683.27 986 8,127.64 41,560.27 4,573.91 54,261.82 184,965.09 987 8,940.40 40,767.51 6,473,78 56,181.69 241,146.78 988 621.00 9,834.44 39,873.46 8,440.14 58,769.04 299,915.82 989 31,924.00 10,817.88 38,890.02 10,497.05 92,128.95 392,044.77 990 27,583.00 11,899.67 37,808.23 13.721.57 91,012,97 483,057.24 991 29,501.00 13,089.64 36,618.26 16,907.00 96,115.90 38,295.00 Ordinance 1425 -91 540,878.14 992 26,705.00 14,398.60 35,309.30 18,930.73 95,343.63 36,000.00 Ordinance 1483 -92 600,221.77 (8,246,19) To Balance 608,467.96 993 22,512,00 15,838.46 33,869.44 21,296.38 93,516.28 701,984.24 Ordinances 1559 -93, 1560 -93, 1582 -94, 994 19,921.00 17,422.31 32,285.59 24,569.45 94,198.35 43,726.10 1583 -94 &1614.94 752,456.49 (5,132.10) To Balance 757,586,59 995 16,975.00 19,164.54 30,543.37 26,515.60 93,198.51 24,000.00 Ordinance 1644 -95 826,787.10 996 159,375,74 33,407.61 28,937.55 221,720.90 23,000.00 Ordinance 1678-96 1699 -1996 1,025,508.00 997 39,133.88 10,574.02 35,892.78 85,600.68 1,111,108.68 998 40931.96 8,775.95 38,888.80 88,596.71 1,199,705.39 999 46,827.52 4,662.75 41,989,69 93,499.96 1,293,205.35 32,246.81 To Baiance 1,293,205,35 000 46,262.19 45,262,19 1,338,467.54 Kenai Multipurpose Facility Ordinance 2001 23,390.67 23390.67 1,329,069.21 1914-2001 (Total Cost was $1,710,000) 32,789.00 2002 23,390.66 1,147,61 24,538.27 57,327.27 2003 23,390.66 2,006.45 25,397.11 32,000.00 Ordinance 2003.2003 50,724,38 15,440.56 To Balance 35,283.82 2004 18,536.05 1,234,93 19,770.98 55,054.80 2005 80,656.76 1,926.92 82,583.68 137,638.48 2006 109,092.17 4,817.35 113,909.52 251,548.00 Ordinance 2118-2005 (0.00) 2007 124,084.07 124,084.07 105,000.00 Reso 2007.17 Ordinance 2223 -2007 19,084.07 2008 95,925.16 667.94 96,593.10 115,677.17 2009 97,688.04 4,048.70 101,736.74 217,413.91 2010 YID 68,215.17 68.215.17 285,629.08 Total 872, 521,580.46 447,1 361,484.82 2,170,329.66 1,884,700.58 2 -86- r.N 79+- fl IS AC' 2 C 7 4.4(L CALI AT5 Et fg9G FC °Z 74467 7454) E LEGEND AND NOTES AD fl -Jr.- II 5 tlf44 C e _87_ jjjjj OAU&EFJSPECK PROPERTY SUSDIV SIO:, .7ereo:Y7re 7 or .ani— c Not Jnc 7 ACT— WACI 4442 PC c I .5 coug S b Sad r aca SINlialliffsaittaeleeMISISINIS cEiEMO arvo NOrrc 92. 79.49 (CERAL, ALASKA V MEMO: TO: City Council FROM: Rick Koch DATE: April 13, 2010 SUBJECT: Daubenspeck Revenues Attached please find the following: 'Village with a Past, a with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907 283 -3014 The purpose of this correspondence is to provide information requested by the Council regarding the donation of oil gas rights and property to the City of Kenai by Harold Rita Daubenspeck. 1. Letter dated December 12, 1980 from Wallace Skidmore (Daubenspeck's Attorney) to Ben Delahay (City of Kenai Attorney). 2. City of Kenai Resolution 80 -178 accepting donation from Harold Rita Daubenspeck. 3. Minutes from Council meeting of December 17, 1980 regarding adoption of Resolution 80 -178. Resolution 80 -178 contains the following language, "BE IT FURTHER RESOLVED that the City honor the request of Mr. Mrs. Daubenspeck that the oil, gas, and mineral rights, including sales proceeds, royalties, revenue, or rental income therefrom, from Tracts C, D, and E of the Daubenspeck Property Subdivision as well as from Alaska Tidelands Survey No. 98, are to be dedicated to athletic programs sponsored by the City of Kenai." The Finance Department is researching the history of revenues derived from the Daubenspeck donation from 1980 to present. We will also attempt to provide a record that tracks expenditures supporting athletic programs during that same time period. Administration will provide this information to Council when completed. If you have any questions, please contact me at your convenience. -89- WALLACE. AmMeM Woscndt BY. 6owa CO:Mita C. Sttaeo ARIA020 e Mc,$AM GEORGE B. MAWR% DOLIOLAS wC. HicaUNtO WALLACE C. SWf8P0tS TE. JR SUSAN IN CARLSON OM /RORY L. B=07 MAIM STEVEN %IONA Aij n1, Sr. LOUIS N�SLd6� ATTORNEYS AT LAW z2je MOf0YOW suIL01NO s EA4YO.G.WA9Po SNO T ON. 95104 Mr. Ben Delahay City Attorney City of Kenai Kenai, AK 99611 Re: Lifts f rom Harold and Rita Daubenspeck Dear Mr. Delahay: Enclosed herewith you will find the following documents which use have prepared in connection with the captioned matter: 1. Quit Claim Deed conveying all oil and gas rights in Tract E of the Daubenspeck property Subdivision, and Alaska Tide land Survey No. 98; and 20 Quit Claim Deed for Tract C and D of the Daubenspeck Property Subdivision and the remainder of their interest in Alaska Tideland Survey No. 980 Mr. and Mrs. Daubenspeck have authorized us to deliver these Deeds to you as their agent. It is the intention of Mr. and Mrs. Daubenspeck that these properties be conveyed to the City exclu- sively for public purposes. You are to hold these Deeds until the City Council of Kenai passes a resolution appropriately accepting the Daubenspeck gifts. Upon receipt of a certified copy of the resolution, you are to deliver these Deeds to the Mayor and return the certified copy of said resolution to our office. If this reso- lution is not passed during the December 17, 1980 City Council meeting, please call this office immediately in order to receive further instructions. ?1r. and Mrs. Daubenspeck request that all sales, proceeds, royalty, revenue or rental income from oil, gas and mineral rights to Tract C, D, and E of the Daubenspeck Property Subdivision and Alaska Tideland Survey 98, be dedicated and given to city organiza- tions, sponsoring athletic programs within the City of Kenai. REceiv D °cr 1 7198th GE LEGAL ®td. MY OF nw December 12, 1980 -90- NeLayNONE ea.e.aeea ARPA oo= aa® Air. Den Deiahay Page 2 December 12, 19 80 Will you please call immediately upon receipt of this letter to advise us of the arrival of the ea e. Also, will you please review these legal descriptions with the surveyor to be certain they are accurate and proper in all respects. Further, will you please call following the Council meeting on December 17, 1980, to advise ue of the delivery and acceptance of this gift. Farther, if there are any complications whatsoever in connection with the delivery and /riff recording of theme Deeds, please advise us immediately. V S ®pw Enclosures Very truly yours, KEN, 8T, LOUIS &C SLUM -91- eee CITY OF KENAE RESOLUTION NU. SC ®ITS A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASRA ACCEPTING THE DONATION or LANDS AND OIL AND GAS RIGHTS IN ADJACENT LANDS FROM HAROLD A. DAUBENSPECK MW RITA DAUBEWSPECR. WHEREAS, Harold A. Daubenspeck has foe many years owned and operated the Kenai Salmon Packing Company in the City of Kenai and has always been a positive force in the development and stabilization of the economy of said City, and MICAS, the summer employment furnished by the Kenai Salmon Packing Company has not only contributed to the financial well being of the community, but has in many cases furnished the opportunity for youth of this City to earn high wages with which they have been able to continue their pursuit of higher education, which has resulted not only in the advancement and enrichment of said youth but has worked to the benefit of every community in which said youth have later settled, including the City of Kenai and. WHEREAS, the said Harold A. Daubenspeck has always followed the of lending funds to local inhabitants for purposes of the puechase of fishing eitee, fishing vessels, and fishing gear, which has contributed not only to the well being of the individuals involved but to the development of the Cook inlet fishery and the community as a whole, and WHEREAS, Harold A. Rita Daubenspeck have executed a Deed by which they have offered to donate to the City of Kenai very valuable riverside and road frontage properties within the City of Renal, including all oil, gas, and mineral rights therein which property is not only very valuable property in itself, but is even more so to the City of Kenai because it is adjacent to land already owned by the City of Kenai, and WHEREAS; Nr. Mrs° Daubenspeck have also executed a Deed and offered to donate to the City of Kenai all oil and gas rights previously reserved by them in adjacent tracts to those conveyed and donated to the City at this time and REAR, it is understo that significant quantities of gas have been discovered in a well drilled just across the Kenai giver from the land in question and the pool of gas may well extend under said lands, -92- THEREFORE, DE IT RESOLVED by the Council of the City of Kenai, Alaska that the City of Kenai hereby accepts from n,iWLD A, a RITA DAVHEW$PECE the gift of land, together with the cil gas, and mineral rights therein and the gift of oil and gas rights in adjacent lands referred to in the deeds of December 12 1980, to be used exclusively for public purposes, We further recognize that the value of this gift may exceed THREE MILLION DOLLARS (S3,000,000.00. SE IT FURTHER RESOLVED that the City honor the request of We a Mrs. Daubenspeck that the oil, gas, and mineral rights, including sales proceeds, royalties, revenue, or rental income therefrom, from Tracts C, D, and E of the Daubenspeck Property Subdivision as well as from Alaska Tidelands Survey Mc, 98, are to be dedicated to athletic programs sponsored by the City of Kenai. The distributions of such funds will be at the full and sole discretion of the City Council of the City of Kenai, Alaska, to the Parks a Recreation Commission or such other City agency or city official as the City Council may from time to time authorize to use such distributions, BE IT FURTHER RESOLVED that as a gesture of our appreciation we hereby recommend that in the event a marina or park or other public facility be developed on any of the donated property that such facility be named after the Daubenspecks, PASSED ET TSE COUNCIL OP TEE CITY OF K cf December, 1980 et D elano City Clerk VINCENT O REILLs this 17th day e KENAI CITY CCU$CIL DECEMBER 17, 19&O Page 17 Gm23 Resolution 00-17 m Awarding Contract for Engineering Design Tinker, Lawton walker Mike Taurianinen I Councilman aleton moved, seconded by Councilman Measles, to approve the resolution. There was no public comment. Councilwoman Glick said the Public Works Committee reviewed this. This; ion theix unanimous recommendation, tion passed unanimously by roll cell vote. G Resolution 90-176 Awarding Contract for Engineering Design ®Stain St. Loop m Wince, Corthell e Bryson Councilman Heavies moved., seconded by Councilman Walston, to approve the resolution. There wee no public comment, Councilman Mueller aaked, we have lower bids, do they not meet requirement°$? Councilwoman G1iek replied, Public Works Director Rornelia gave them a matrix to determine the way to go. The low pro sale were too low. Councilman Mueller noted Mike Taurianinet recommendation for Lawton Dr. is Lower than Wince, Corthell Bryson is and was not recommended for this, Councilwoman dick replied true, but we considered the local firm. The acceptable bidder was mars aware of problems involved. Also these are not to exceed figures, Motion passed with Councilman Mueller voting no, G'17 Resolution 60 -1:-R; Accepting Donation of La from Harold A. Daubenepeck Councilman 9e les moved, seconded by councilman Mueller, to approve the resolution. There was no public comment, Atty. Delahay reviewed the donation, and added amendments passed cut at the meeting. He explained -94- SEM l Cln' CODICIL DECE EP 17, ll®C Page 10 the restrictions age necessary for Daubenrpscks to have a tax deduction. The deeds themselves are unrestricted, We do not know the complete issue of the land as to gas 6 oil reserves, MOTION, Amendments Councilwoman Glick moved, seconded by Coun milman Measles, to amend the motion by substituting for adoption Resolution SO -178 as presented to Council and amendments by the City Attorney this date, Deco 17, 1980. Where was no public comment. Mayor O'Reilly noted the City is honoring the request of Daubenspecks that sales of oil gas revenues be dedicated to City athletic programs, Motion, as amended, passed unanimously by roll call vote, MOTIONt Councilman Measles moved that a letter be anent to Deubeaaspecks expressing our thanks There was no second, Motion passed unanimously by roll call vote. Mayor O'Reilly requested Atty, Delahtay follow through with their attorney. Councilwoman Glick asked, we are seeing that we will dedicate the proceeds to athletic programs by rera- olution, this can be undone. Do wo need something more binding? Atty, Delahay replied, this is what their attorneYs have suggested, We are accepting subject to this provision. If we violate, the Daubenepecks could violate or withdraw. If another Council tries to use it otherwise, they could coma back and withdraw or protest. Councilman Wagoner asked, this does not prevent us from the sale, Atty. Delabay replied, right, era G-1J Resolution SC l79 Calling Special Election tot Citizen Support of Small Boat Harbor Councilmen Mueller moved, seconGed by councilman Malston, to approve the revolution. -95- To_ Riek Koch, City Manager From Terry Eubank, Finance Director Date: April 27, 2010 Re: Councilman Moore's request for FY10 Supplemental Appropriations involving General Fund, Fund Balance. Attached please find a detailed listing by Ordinance, the supplemental appropriations enacted by Council during FY10 that involved at least some portion of Fund Balance from the City's General Fund. Various other supplemental appropriations occurred that were funded with other revenue sources such as State and Federal Grants. Ordinance No: Revenue Source: Expenditure: Description of Purpose: Ordinance No: Revenue Source: Expenditure: Description of Purpose: Ordinance No: Revenue Source: Expenditure: Description of Purpose: Ordinance No: Revenue 'Source: Expenditure: Description of Purpose: 2398 -2009 General Fund -Fund Balance Library Expansion CP- Construction Increasing the Library Expansion Capital Project Fund 5250,000. 2420 -2009 General Fund -Fund Balance Police Machinery Equipment Replacement of a police cruiser destroyed during pursuit of a suspect 2423-2009 General Fund -Fund Balance Legislative-Advertising Providing public information of Ballot Proposition A. "Village with a Past, C# with a Fgtare" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 ext 221 FAX: 907 283 -3014 2426 -2009 General Fund -Fund Balance Clerk Salaries Clerk -Leave Clerk -PERS Clerk Unemployment Insurance Clerk- Workers Compensation Increase the City Clerk's wage and benefits to cover the 2.5% merit increase beyond the FY10 budgeted 4.5% COLA increase. -96- Revenue Source General Fund Other Fund Balance Revenues 5250,000.00 530,000.00 $15,000.00 52,281 00 Expenditures $250,000.00 $30,000.00 515,000.00 51,780.00 589.00 5391.00 $12.00 $9.00 Ordinance No: Revenue Source: Expenditure: Description of Purpose: Ordinance No: Revenue Source: Expenditure: Description of Purpose: Ordinance No: Revenue Source: Expenditure: Description of Purpose: Ordinance No:2444 2009 Revenue Source: General Fund -Fund Balance State Grant Expenditure: PoliceSmall Tools Description of Purpose: Purchase nine in -car video cameras and nine portable breath test instruments. Ordinance No: Revenue Source: Expenditure: Description of Purpose: Ordinance No: Revenue Source: Expenditure: Description of Purpose: Desc 2439 2009 General Fund -Fund Balance City Manager Salaries City Manager-Leave City Manager- Medicare City Manager -PERS City Manager-Unemployment Insurance City Manager- Workers Compensation FY 2010 4.5% COLA increase for the City Manager. 2440 2009 General Fund -Fund Balance Communications Machinery Equipment Purchase of a replacement Stencil Recording Server that has failed unexpectedly. 2442 2009 General Fund -Fund Balance Federal Grant Police- Machinery Equipment Non- Departmental- Grants to Agencies The City received a Justice Assistance Grant for the Cities of Kenai, Soldotna, and Homer. Kenafs portion. plus 55,3001ocai funds, will be used for upgrades to its dispatch center and the remaining portion will be administered by the City as a pass through grant to the Cities of Soldotna and Homer. 2457 2009 General Fund -Fund Balance Communications Repair and Maintenance Repairs made to the departments police records managements system that failed unexpectedly. 2959 2009 General Fund -Fund Balance Visitor Center Professional Services Increase the compensation for Maintenance and Operations at the Kenai Convention and Visitors Bureau. Ordinance No:2466 2010 Revenue Source: General Fund -Fund Balance Expenditure: City Manager Travel Transportation ption of Purpose: City's application process for the 2011 Ali- America Cit travel by a staff member to this year's competition. Ordinance No:2969.2010 Revenue Source: General Fund -Fund Balance Expenditure: Non Departmental- Grants to Agencies Description of Purpose: The restoration of the Holy Assumption of the Virgin Mary Russian Orthodox Church, a National Historic landmark, located in Old Town Kenai. -97- :ard including Revenue Source General Fund Other Fund Balance Revenues Expenditures $7,163.00 $9,000,00 $5,300.00 $1,893.82 $8,715.15 $31,000.00 51,500.00 510,000.00 5103,356.00 $44,757.18 55,625.00 5152.00 584.00 51,238.00 529.00 $35.00 59,000.00 53 $72,618.00 $46,551.00 $8,719.15 531,000.00 $1,500.00 $10,000.00 Ordinance No: 2471.2010 Revenue Source: General Fund -Fund Balance Expenditure: Police- Machinery Equipment Description of Purpose'. Purchase a new all- terrain vehicle for use during the dip net fishery for patrols on the beach areas, and aid the Department in year round operations. Ordinance No, 2474 2020 Revenue Source: General Fund Capital Improvement Reserve {Designated Fund Balance) General Fund- Fund Balance Expenditure: Transfer to library Expansion Capital Project Fund Description of Purpose:Local Funding for library Expansion Project. -98- Revenue Source General Fund Other Fund Balance Revenues Expenditures $15,000.00 $250,000.00 $602,605.00 $15 5853,605.00 $1,230,461.97 $148,113.18 51,388,575.15 REPORT OF THE CITY ATTORNEY MEMO: TO: Mayor Porter and City Councilors FROM: Krista S. Stearns, City Attorney\' DATE: April 24, 2010 SUBJECT: Public Hearing Requirements At the April 21 City Council meeting, Mayor Porter requested that 1 provide the City Council with additional information concerning the scope of the public hearing requirement for passage of ordinances and resolutions. Specifically, the Mayor requested a memorandum explaining when the Council must hold an additional public hearing after it makes amendments to proposed resolutions and ordinances. A. Legal background Public hearings are required before the City Council may adopt an ordinance or a resolution. Kenai Municipal Code section 1.15.070 sets forth the procedures for adopting ordinances. The City of Kenai's public notice ordinances require only one public hearing to adopt an ordinance. Typically, the ordinance is first read at one meeting after which a public hearing is scheduled for a subsequent meeting.' After the first reading of the ordinance, notice of the time and place of a public hearing must be posted. All persons "who appear at the hearing shall be given an opportunity to be heard." After the hearing, the Council may pass the ordinance "with or without amendment. KMC 1.15.070. 2 KMC 1.15.070(b)._ "Vidaye with a Past, Ci y with a Futbtre 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 911F 1992 3 KMC 1.15.070(c) (emphasis added). With the exception of emergency ordinances and certain appropriation ordinances, the Council may not adopt any ordinance on the same day it is introduced. Regardless, the Council must still conduct a hearing. The foundation for this requirement is found in the City's Charter at section 2 -12: "No ordinance except an emergency ordinance or an ordinance making, repealing, April 24, 2010 Public Hearing Requirements Page 2 of 4 The City's procedure regarding resolutions is similar; however, the public hearing may be held at the first introduction of the resolution. The Code reads: "On any vote for passage of a resolution, all persons interested who appear shall be given an opportunity to be heard. After such hearing, the Council may finally pass such resolution with or without amendments. First reading of any resolution shall he final and no further passage shall be required. B. Analysis As described above, City Code permits the Council to make amendments to proposed ordinances and resolutions after a public hearing without the necessity of the Council holding a new hearing. But, occasionally, the validity of an ordinance has been challenged due to an alleged inadequacy of the public hearing. The general rule is that where a governing body makes amendments to an ordinance after the public hearing, and those amendments fall within the descriptive summary of the ordinance as published, no new hearing is required. For example, a slight alteration in the title of the ordinance that does not affect the construction of the ordinance has been held to be immaterial and would not require a new hearing. In contrast, changes to an ordinance that are so substantial as to alter the basic character of the ordinance require that the public hearing process be repeated. Whether an amendment is so substantial as to alter the character of the ordinance is evaluated on a case -by -case basis by the courts. In Alaska, courts view the powers of local govemment broadly and the supreme court has typically held in favor of municipalities with respect to challenges to ordinances based upon the sufficiency of the public hearing. Unfortunately, there is no bright line rule for municipalities to follow. The best one can do is to evaluate what the court decided in other, similar cases. transferring, or otherwise changing appropriations, may be finally passed on the same day that it is introduced." 4 KMC 1.15.080(b) (emphasis added). 5 Liberti v. Bristol Bay Borough, 584 P.2d 1115, 1119 (Alaska 1978). 5 McQuillan's Mun. Corp, 16:86 (3rd ed.) (citing one out -of -state case where a court held that the substitution of the word "dealers" for "retailers" in the title of an ordinance concerning taverns did not require a new hearing). 7 Liberati, 584 P.2d at 1119. -101- April 24, 2010 Public Hearing Requirements Page 3 of 4 For example, in Liberati v. Bristol Bay Borough, the court upheld an ordinance where, as introduced, the ordinance proposed to tax only red salmon and required the buyer to pay and collect the tax, but, as enacted, the ordinance created a tax on all raw fish and changed the requirements to pay and collect the tax. The court reasoned that the summary of the ordinance was broad enough to signal that fish products (not just salmon) could be discussed at the hearing. Further, the court did not find any significant added burden to the plaintiffs as a result of the post- hearing amendments. The tax rate did not change between the originally published ordinance and the amended ordinance, and the obligation to pay the tax did not shift; only the responsibilities to collect the tax shifted. In a. more recent Alaska case, McCormick and Hillbilly Enterprises, Inc. v. City of Dillingham, the supreme court also upheld an ordinance after changes were made to the ordinance after the hearing." The city council adopted amendments to the ordinance as originally published to exempt home businesses and non- profits from paying the fee. The court held that no new public hearing was required. Unfortunately, the court did not provide much of an explanation about why the amendments did not require a new hearing. The court summarily stated that the amendments did not alter the basic character of the ordinance. Implicit in the court's opinion, however, is that the ordinance provided notice that the business license ordinance would he discussed and the amendments directly related to the summary of the ordinance, even if that summary was fairly general. And, in another Alaska case, an ordinance setting a mayor's full -time salary, and that was subsequently amended to set a lower salary if the mayor worked part-time instead of full time, also did not require a new hearing. With respect to resolutions, the Alaska. Supreme Court has not specifically addressed what changes to a resolution, as opposed to an ordinance, would be tolerated without 8 Id. at 1118 -1119. 9 Id. at 1119, n. 13 (citing an out of state case that suggesting that a court might look to whether the amendments to an ordinance made after the public hearing imposed a "significant added burden" to the persons challenging the ordinance as one factor in its analysis). 10 Id. at 1119. 11 McCormick and Hillbilly Enterprises, Inc. v. City of Dillingham, 16 P.3d 735, 741 (Alaska 2001). Id. 13 Jefferson v City of Anchorage, 513 P.2d 1099, 1100 -01 (Alaska 1973). -102- April 24, 2010 Public Hearing Requirements Page 4 of 4 requiring a new public hearing. There is no express public hearing requirement for the adoption of resolutions under state law. 14 Thus, one could reasonably conclude that a governing body has more leeway in making changes to resolutions after any public hearing is held, at least where a governing body holds a hearing as an additional process and not because the hearing is legally required. Even though state laws do not require a public hearing before a governing body adopts a resolution, as discussed above, the City of Kenai's laws do. Kenai Code states that the City Council must hold a hearing when considering resolutions." Accordingly, I would generally recommend using the same standard for resolutions as applies to ordinances when considering whether a new hearing must take place. The Council should consider holding an additional hearing if it makes changes that significantly alter the basic character of the resolution. C. Summary The determination about when an additional public hearing is legally required is fact sensitive and must be made on a case -by -case basis, Some factors that should inform a decision about whether or not to hold another hearing are how broadly the public notice of the legislation is drafted and whether new burdens are placed on parties who might not have been on notice that the general subject would be discussed. These are not exclusive considerations, however. The Council should also keep in mind that Alaska courts tend to defer to determinations of local government. The courts have consistently applied a presumption that the proceedings of local government have been conducted in accordance with the law. That presumption applies to challenges to the validity of ordinances, such as challenges to the hearing process. Regardless, it bears mentioning that the Council may always determine to hold additional hearings if it desires, even if an additional hearing is not legally required. Co un c i I.memo.p ub I i cmtg04231. 0 14 For general law municipalities, the statutes include a hearing requirement for the adoption of ordinances, AS 29.25.020, but not resolutions. That statutory requirement does not apply to home rule municipalities such as Kenai. Instead, as discussed above, the City's public hearing requirements for ordinances and resolutions stem from the City Charter and Code. 15 KMC 1.15.080(b). 16 Liberati, 584 P.2d at 1118; City of St. Mary's v. Si. Mary's Native Corp., 9 P.3d 1002, 1009 (Alaska 2000). -103- REPORT OF THE CITY CLERK ur MMtcry KEMAv SKA e with a Past, Gity with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 Fax: (907) 283 -3014 www.ci.kenaiak.us MEMORANDUM TO: Mayor and Council Members FROM: Carol L. Freas, City C erk DATE: April 30, 2010 RE: 2010 Public Official Financial Disclosure Statement clf KMC 1.85.010 requires municipal officers to file an annual Public Official Financial Disclosure Statement with the City Clerk "not later than April 15th of each year." Municipal officers are defined in KMC 1.85.070(a) as "...the Mayor, City Manager, Members of the Council, Members of the Planning and Zoning Commission, City Attorney and City Clerk." The 2010 Statement was distributed on January 11, 2010 and a reminder was issued on March 29, 2010 to those who had not submitted Statements by that date. The Statements of Planning 8; Zoning Commissioners Roy Wells and Scott Romain have not been submitted. Another reminder was forwarded to these commissioners on April 21, 2010. KMC 1.85.050(c) states, "A person who refuses or knowlingly fails to make a required disclosure of information as provided in this chapter or who files a statement containing false or misleading information knowing it to be false or misleading, shall be guilty of a violation and upon conviction is punishable by a. fine as provided for violations in KMC 13.06.010." -105- INFORMATION ITEMS 10C 6. 2010 Lease Renegotiations. INFORMATION ITEMS KENAI CITY COUNCIL MEETING MAYS,2010 1. 5/5/2010 Purchase Orders Between $2,500 and $15,000 for council review. 2. Budget Transfer in Capital Projects in excess of 5,000. 3. Juneau Chamber of Commerce Resolution No. 03 -10, Support of Taking Charge of Alaska's Future. 4. 4/23/2010 D. Bannock email transmission regarding Resolution No. 2010 -07. 5. 4/21/2010 K. Mohn email transmission regarding Kenai Community Library Book Sale /book collection at Fire Department. 7. V. Hauck letter of thanks to J. Niederhauser, Kenai Community Library regarding Job Shadow Day. 8. 5/4/2010 Kenai Peninsula Borough Assembly Meeting Agenda. -107- 0 0 a Z a. O w J 1- O LL 0 0 0 L' to 0 0 w J 0 LL O 0 LL w w 2 u. Q 0 w N U W co C O x 0 Y- LL -108- CHAMBER Of COMMERCE RECEIVED APR 122010 KEN AI CITY CLERK 3100 Channel Drive, Suite 300 Juneau AK 99801 (907) 463 -3488 Fax (907)463-3489 E -mail: iuneauchamherThecLnet iec(Iualaska,com Web site: htm: /Iwww.iuneauchemuer.00m A RESOLUTION OF THE JUNEAU CHAMBER OF COMMERCE IN SUPPORT OF TAKING CHARGE OF ALASKA'S FUTURE 03 -10 WHEREAS, the Juneau Chamber of Commerce supports and endorses responsible, sustainable resource development to maintain economic vitality for all of Alaska, and WHEREAS, the objective is to improve the business climate while stimulating growth and quality of life, and WHEREAS, in these pursuits, the Chamber seeks to provide leadership for political action; and WHEREAS, Alaska's seasonally adjusted unemployment rate was 8.8% in December 2009, up 2% from 2008; and WHEREAS, Alaska Department of Labor data clearly shows that Alaska employment in most every industry has dramatically fallen since the last four months of 2008 including 1,500 lost oil and gas industry jobs; and WHEREAS, Alaska's economy is built mainly on the sale of natural resources and inflows of cash from the federal government; and C WHEREAS, oil gas investment, development and production in Alaska is by itself one of the three major supports of our economy; and WHEREAS, more than one -third of Alaskans owe their livelihood to resource exploration and development in Alaska, including not only jobs within the petroleum and mining sectors but also jobs in the State and local government, finance, infrastructure, trade, construction, small business, and service sectors; and WHEREAS, oil production in Alaska has declined from 2.1 million barrels per day in 1988 to about 600,000 barrels per day today, and is expected to decline by five and one half percent per year` and more investment is needed to stem that decline; and WHEREAS, the Alberta government will cut royalty rates for oil and gas industry in a bid to increase local industry investment; and WHEREAS, other areas in the world encourage oil and gas investment with fiscal terms and incentives not offered by Alaska's existing policies; and -109- WHEREAS: North Slope oil development activity has declined Total Alaska drilling activity has decreased 14% while Lower 48 oil drilling activity has increased Exploration drilling activity is down nearly 64 e.g. one major producer will not be drilling an exploration well for the first time in 45 years Over $2.5 billion in North Slope oil and gas projects have been deferred Outer continental shelf (OCS) permitting delays are limiting offshore oil development in Alaska WHEREAS, Aiaskans are in a position to positively affect our state's economic future and to reverse the current momentum of decline by creation a more competitive environment for continued investment and reinvestment by the resource extraction industries that sustain the economy and state revenues of Alaska; NOW THEREFORE BE IT RESOLVED, the Juneau Chamber of Commerce urges the Alaska State Legislature to act in the 2010 regular legislative session to halt the loss of jobs for Alaskans and to reduce Alaska's unemployment rate by establishing policy and/or amending law to further incentivize investment and increase the competitiveness of Alaska relative to other oil and minerals producing areas, so that creation of jobs for Alaskans and opportunities for Alaska businesses may sustain our state's economy for generations of Alaskans to come. AND BE IT FURTHER RESOLVED, that copies of this resolution be sent to Juneau Chamber members, Governor Sean Parnell, the Alaska Legislature, statewide chambers of commerce and statewide media. PASSED AND APPROVED by th On this date: April 1, 2010 Cathie Roemmich, CEO Juneau Chamber of Commerce Representing Nearly 400 Member Businesses kept government, health and manufactmring dish procesrsing), categories that were excluded because Iheir growth Is not clos het underlying strength or Health of the Alaska economy. Alyeeha Pipeline Service Company to the Alaska Department of Revenue. uneau Chamber of Commerce Board of Directors -110- Carol Freas From: Duane Bannock [d_bannock @hotmail.com] Sent: Friday, April 23, 2010 6:53 PM To: Mayor Porter; mboyle @ataska.com; bob @molloyforcouncil,com; hvsmalley @yahoo.com; barry_eldridge @yahoo.com; cpajoe @altrogco.com; ryan @marquisforkenai.com Cc: Carol Freas Subject: Resolution 2010 -07 Dear Mayor Porter and Council members: Please accept my most sincere "thank you" for your unanimous support of Resolution 2010 -07. Since I had spoken to this issue earlier, I didn't feel the need to repeat my comments. However, I failed to thank you for addressing the situation and identifying a positive solution. I know that you hear from the public when were not happy, and often times the public (including myself) fail to give the kudos when due. Thank you for your tireless efforts to make the City of Kenai a great place to live! Duane Bannock The New Busy is not the old busy. Search, chat and e -mail from your inbox. Get started. Carol Freas rrom: Rick Koch Sent: Wednesday, April 21, 2010 6:41 PM To: Carol Freas Subject: FW: Thanks to the Fire Department Carol, An Info Item for the next Council Packet. Thanks Rick R. Koch City Manager City of Kenai 210 FFideIgo Ave. Kenai, AK 99611 (907)283 -8222 (907)398 -0190 From: Kari Mohn [mailto:kari @alaska.net] Sent: Wednesday, April 21, 2010 4:20 PM To: Sal Mattero; M3 Loveland; Loveland, MJ; Brendyn Shiflea; Kim Denesen; Anita Necessary; nedra evenson; Mary Jo. Joiner; Craig Jung; Paul Turner; Sandra Lewis; barb christian :c: vicki johnston freese; donna peterson; Rick Koch; Ryan Marquis; carol brenckle; bob peters; Linda Swarner; heather rioyd; Dee Gaddis; kathy heus Subject: Thanks to the Fire Department Greetings Friends of the Kenai Commmunity Library Board and Supporters, Due to the Library construction, we were asked to find another place where folks could drop off donations fo our June Friends of the Kenai Community Library Book Sale. 1 talked with Fire Chief Mike Tilly. The Kenai Fire Department is happy to accept donations for our book sale. They have the contact telephone number for Vicki Freese. When a number of containers of donations have accumulated, they will call Vicki and she will take the books, videos, puzzles, etc out to EDD where they will be sorted, boxed and labeled for the sale. Thanks for your help in spreading the word Book Sale donations to the Fire Department. Kari Mohn Book Sale tri -chair along with MJ Loveland and Kim Denesen t -112- -'see N Legal Description Effective Date Expiration Date Term Current Annual Rent -Last Appraised Value fast Rate of Return 2014 Lease App raisal 2010 Rate of Return Rate IEtt eniveauiv1} Arctic Barnabas Ministries, Inc. Lot 5, Block 5, General Aviation Apron 5/23/1967 6/30/2052 85 53,720.00 $62,000.00 6% 56,160.17 577,002.20 8% 65.60% Crowley Marine Services, Inc." Lot 4, Block 1, F.B.O. Subdivision 7/30/1990 6 30 2020 30 53,750.00 $62,500.00 6% $4,351.20 $72,520.00 6% 16.03% Jacqueline Ann Swanson Lot 7, Block 5, General Aviation Apron 5/1/1976 6/30/2031 6/30 55 $3,570.00 $59,500.00 6% $6,150.17 $77,002.20 8% 72.55% Kenai Aviation Leasing Company, LLC Lot 2, Block 2, General Aviation Apron 5/1/1976 6/30/2031 55 $5,400.00 $90,000.00 6% 510,000.00 5125,000,00 8% 85.19% Kenai Aviation Leasing Company, LLC Lot 2, Block 4, General Aviation Apron 6/15/1976 6/30/2031 55 $3,420.00 557,000.00 6% 55,400.00 $67,500.00 8% 57.89% Kenai Aviation Services, Inc. d/b/a Aviation Services* Lot 1A, Block 1, General Aviation Apron No. 6 1 4/23/1985 6/30/2020 35 56,540.00 5109,000.00 6% $8,278.02 $137,967,00 6% 26.58% Loroc, LLC* Lot 7A, Block 1, F,B.O. Sub, Fed Ex Addn 6/5/1980 6/30/2079 99 $6,840.00 $114000,00 6% $8,232.84 $137,214.00 6% 20.36% ,h 1Pa Alaskan Treasures, Inc, Lot 2, Block 1, Gusty Subdivision 8/20/1970 6/30/2025 55 56,450.00 5107,500.00 6% 511,070.44 5138,380.50 8% 71.63% Ocean Beauty Seafoods, Inc.* Tract C, Kenai Tidelands Survey #2 6/20/1990 6/30/2045 55 53,270.00 562,000.00 6% $3,720.00 $62,000.00 6% 13.76% Schilling Rentals, LLC' Lot 3, Block 2, General Aviation Apron 7/1/1995 6 30 2025 3U 55,400.00 $90,000.00 6% 57,500 00 5125,000.00 6% 38.89% Sidney Morris y Lot 1A, Deshka Subdivision 8/7/1975 6/30/2030 56 516,150.00 5161,500.00 1D% $20,914.25 5232,000.00 9% 29.50% SOAR International Ministries, Inc.* Lot 3, Block 1, General Aviation Apron 7/1/1985 6/30/2040 55 $6,570.00 5109,500.00 6% 510,687.50 $178,125.00 6% 62.67% Sun Sims* Lot 1, Block 1, Gusty Subdivision 8/19/1970 6/30/2025 55 55,134.00 5114,000,00 4% 58,812.68 5146,878.00 690 71.65% 2010 Lease Renegotiations Appraisals Performed by Derry Associates Lease states rent is 6% of FMV, KMC 21.10.100(b)(2) applies. Lease states rental redetermination based on Consumer Price index and shall not be in excess of 10 %of FMV. KMC21.10.100(b)( -113- 2705 Seine Ct. Kenai, AK 99611 March 9, 2010 Ms. Julie Niederhauser Kenai Public Library 163 Main Street Loop Kenai, AK 99611 Dear Ms. Niederhauser: Thank you for letting me shadow you on job shadow day. I really had a great time at the Kenai Public Library. I had an immensely good time finding the flimsies and learning about how to take books and put them on or pull them out of the system that you showed me. I loved learning from all the different librarians such as Mary White and Jenia Efta. The two both showed me different types of jobs that taught me a lot. I would also like to thank Ms. Joiner for taking the time to see me before she had to go to her meeting in Anchorage. I really feel lucky that I was able to get paired up with you and your staff this job shadow day. I know that I will definitely want to look into a career in the library because of the wonderful experience I have had at the Kenai library. I think my childhood idea of the library was correct; the library seems to be a great place to work! I would love if one day I could volunteer to work with your great staff. Sincerely, 7 /adek Victoria Hauck Y'una -101 @hotmail. coin 907 -283 -6476 -114- Kenai Peninsula Borough May 4,2010- 7:00 PM Pete Sprague Assembly President Seat 4 Soldotna Term Expires 2010 Hal Smalley Assembly Vice President Seat 2 Kenai Term Expires 2011 Paul Fischer Assembly Member Seat 7 Central Term Expires 2010 Mako Haggerty Assembly Member South. Peninsula Expires 2012 Gory Knopp Assembly Member Seat 1 Kalifornsky Term Expires 2012 Sue McClure Assembly Member Seat 6 East Peninsula Term Expires 2012 Charlie Pierce Assembly Member Seat 5-Sterling/Funny River Term Expires 2011 Bill Smirlt Assembly Member Seat 8 Homer Term Expires 2011 Gary Superman Assembly Member Sear 3 Nikiski Term Expires 2010 A. C. E. F. G. 1. J. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL COMMITTEE REPORTS APPROVAL OF AGENDA AND CONSENT AGENDA (All items listed with an asterisk are considered to be routine and non controversial by the Assembly and will be approved by one motion, There will be no separate discussion of these items unless an Assembly Member so reques, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.) APPROVAL OF MLNUTES 1, 1. April 20, 201.0 Regular Assembly Meeting Minutes 1 COMMENDING RESfLITTICt;NS AND PROCLAMATIONS 1. Mayor's Proclamations Declaring the Week of May 9 15, 2010 as "National Hospital Week" 13 PRESENTATIONS WITH PRIOR NOTICE (20 minutes total) PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (3 minutes per speaker; 20 minutes aggregate) MAYOR'S REPORT 15 1. Agreements and Contracts Assembly Agenda Regular Meeting Seward City Council Chambers, Seward, Alaska a. Approval of Request for Waiver of Formal Bidding Procedures for Bear Proof Container Retrofits with Kenai Welding 16 May 4, 2010 Page 1 of 5 -115- May 4, 2010 Authorization to Award Contract for Playground Equipment Modules to SiteLines Park Playground 18 c. Authorization to Award Contract for Paul Banks Elementary and Chapman Elementary Abatement of Asbestos Containing Flooring Materials to Alaska Abatement Corp. 19 d. Update to previously approved Sole Source Standardization Request Gym. Floor Refinishing Products from West Coast Paper 21 e. Approval of Sole Source Request for Aerial Photography and Surveying of the Homer Landfill from Aero Metric, Inc. 23 2. Other August 2007 to March 2010 NACo Prescription Card Usage Statistic for Kenai Peninsula Borough 24 b. Investment Portfolio Report as of March 31, 2010 26 L. ITEMS NOT COMPLE I'!k D FROM PRIOR AGENDA None M. PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker) 1. Ordinance 2010 -15: Amending KPB 5.04.110 to Increase the Amount that the Assembly May Spend on Capital Improvement Projects without Voter Approval in Order to Account for Increasing Costs of Construction (Smith) (Referred to Finance Corr n ttee) 2. Ordinance 2010 -1.6: Amending KPB 21.18.010, .020, .135, and .140, and Enacting KPB 21.18.145, to Clarify the Findings, Purposes, and Emergency Exemptions of the Chapter, and to Provide a Reference to a Variance Procedure (Mayor) (Referred to Lands Committee) 30 3. Ordinance 2010 -17: Extending the Sunset Provision of Ordinance 2009 -09 (Long) Substitute, Amending Provisions of KPB Chapter 21.06 Regulating Flood Hazard Areas in the Seward -Bear Creek Flood Service Area, and Confirming the Administration's Efforts to Further the intent of Resolution 2009 -070 to Pursue Various Solutions to Facilitate Moving Residents Voluntarily Away from Flood Hazard Areas (McClure, Mayor) (Referred to Lands Committee) 54 -116- Page 2 of 5 4. Ordinance 2010 -18: Authorizing a Subsurface Oil Gas Lease to Marathon Alaska Production, LLC, in the Ninilchik Unit at 12.5 Percent Royalty under Township I South, Range 13 West, Seward Meridian, Section 7 in Tract "A" of Aurora Vista Subdivision and the Minerals Underlying a Portion of the Sterling Highway Right -of -Way (Mayor) (Referred to Lands Committee) 66 UN''FINISILED BUSINESS 1. Notices of Reconsider/Rescind 0. NEW BUSINESS a. Resolution 20] 0 -030 (Smith. Superman) Substitute: Determining the Amount to be Provided from Local Sources for School Purposes During Fiscal Year 2011(Mayor) Notice to Rescind Action. Filed by Smalley 75 Resolutions *a. Resolution 2010 -027: Decertifying an Unnamed Road that Extends Approximately 200 Feet Beyond the Westerly End of White Spruce Avenue (Mayor) (Referred to Lands Committee) 77 *b. Resolution 2010 -033: Requesting that Functional Assessments be Completed for Kenai Peninsula Wetlands As Soon As Possible (Haggerty, McClure, Smith) (Referred to Lands Committee) 84 *c. Resolution 2010- 034: Urging the United States Department ofEnergy to Expeditiously Approve a Two -Year Extension of the Kenai Liquid Natural Gas (LNG) Export License (Pierce, Sprague, Superman, Mayor) (Referred to Legislative Committee) 89 Resolution 2010 -035: Approving Unincorporated Communities for Participation in the State's Fiscal Year 2011 Community Revenue Sharing Program (Mayor) (Referred to Legislative Committee) 91 Resolution 2010 -036: Authorizing the Borough to Extend the Contract for Health Benefits Consulting Services with Alaska USA Insurance Brokers (Mayor) (Referred to Policies and Procedures Committee) 94 Resolution 2010 -037: Authorizing the Borough to Extend the Contract for Property and Casualty and Workers' Compensation Insurance Broker of Record Services with Alaska USA Insurance Brokers (Mayor) (Referred to Policies and Procedures Committee) 97 May 4, 2010 Page 3 of 5 -117- *g. Resolution 2010 -038: Authorizing the Administration and the Seward -Bear Creek Flood Service Area Board to Take the Necessary Steps Toward Developing a Flood Risk Assessment Study Plan with the U.S. Anny Corps of Engineers within the Seward -Bear Creek Flood Service Area (Mayor) (Referred to Lands Committee) 100 *h. Resolution 2010 -039: Approving a Mutual Aid Agreement and the Initial Annual Operations Plan Between the Kachemak Emergency Service Area and the City of Homer (Mayor) (Referred to Policies and Procedures Committee) 107 Ordinances *a. Ordinance 2009- 19 -32: Appropriating $750,000 in. the Borough's School Revenue Capital Project Funds for Improvements to School Facilities (Mayor) (Shortened Hearing on 05/18/1.0) (Referred to Finance Committee) 116 *b. Ordinance 2009- 19 -33: Transferring Fund Balance of Various Funds to the General Fund to Comply with New Government Accounting Standards Board Requirement (Mayor) (Hearing on 06/08/10) (Referred to Finance Committee) 119 *c. Ordinance 2009- 19 -34: Appropriating: $55,000 for Riverbank Restoration at the River Center (Mayor) (Hearing on 06/08/10) (Referred to Finance Committee) 123 *e. Ordinance 2010 -19: Appropriating Funds for Fiscal Year 2010 -2011 (Mayor) (Hearings on 05/18/10 and 06/08/10) (Referred to Finance Committee) 137 *f. Ordinance 2009- 19 -35: Annronriating $119,100 in the School Fund to Supplement. the Maintenance Department Budget (Mayor) (Hearing on 06/08/10) (Referred to Finance Committee) 134 Ordinance 2010 -22: Authorizing CES to Use Grant Funds Appropriated in Ordinance 2008 -19 -06 to Complete Garages at the Ciechanski and Forest Lane Water Supply Sites (Mayor) (Shortened Hearing on 05/18/10) (Referred to Finance Committee) 142 P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker) Q. ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS 1. May 18, 2010 Regular Assembly Meeting 7:00 PM. Soldotna May 4, 2010 Page 4 of 5 -118- R. ASSEMBLY COMMENTS PENDING LEGISLATION (mis item lists legislation wtuch will be addressed at a later date as noted.) I. Ordinance 2009- 19 -30: Appropriating $336,09724 to the Special Assessment Fund for Ashton Park/Brumlow Park Subdivision Road Improvement Special Assessment District (Mayor) (Hearing on 05/18/10) (Referred to Finance Committee) 2, Ordinance 2009- 19 -31: Appropriating $77,950.78 in Supplemental Funding to Initiate Phase II of the Mine Engineering and Management Plan for the Seward Quarry (Mayor) (Hearing on 05/18/10) (Referred to Finance Committee) 3. Ordinance 2010 -20: Amending KPB Title 2 and KPB 5.28.020 to Establish the General Services Department, Emergency Management Department, Capital Projects Department, Purchasing and Contracting Department, and the River Center Department (Mayor) (Hearing on 05 /18/10) (Referred to Policies and Procedures Committee) 4. Ordinance 2010 -21: Amending 123 Chapter 21.18 Regarding Prohibited Uses and Structures, Conditional Use Permits, and Prior Existing Uses and Structures in the Anadromous Stream Habitat Protection District (Mayor) (Hearing on 05/18/10) (Referred to Lands Cotnmittee) T. INFORMATIONAL MATERIALS AND REPORTS U. NOTICE OF NEXT MEETING AND ADJOURNMENT The next meeting of the Kenai Peninsula Borough Assembly will be held on May 18, 2010, at 7:00 P.M. in the Borough Assembly Chambers, Soldotna, Alaska. This meeting will be broadcast on KDLL -FM 91.9 (Central Peninsula), KBBI -AM 890 (South Peninsula), K201A0 -FM 88.1 (East Peninsula). Copies of agenda items are available at the Borough Clerk's Office in the Meeting Room just prior to the meeting. For further information, please call the Clerk's Office at 714 -2160 or toll free within the Borough al 1-800 478 -4441, Ext. 2160. Visit our websire at www.borough.kenat.ak.us for copies of the agenda, meeting summaries, ordinances and resolutions, May 4, 2010 Page 5 of 5 -1 19- AGENDA KENAI CITY COUNCIL REGULAR MEETING s MAY 5, 2010 7:00 P.M. ti KENAI CITY COUNCIL CHAMBERS http://www.ci.kenaisk.us ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) ITEM 0: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 1. Ordinance No. 2479 -2010 Amending KMC Chapter 1.10, The Council, to Add a New Section Establishing Procedures for the Use of Council Chambers and the City Clerk's Conference Room. 2. Ordinance No. 2480 -2010 Amending KMC Chapter 1.15, Rules of Order, to Establish the Form of the Council Agenda and Set the Order of Business, to Explain the Consent Agenda and List of Pending Legislation, and to Make Conforming Amendments. 3. Ordinance No. 2481 -2010 Increasing Estimated Revenues and Appropriations by $150,000 in the Personal Use Fishery Capital Projects Fund. 4. Resolution No. 2010 -25 Authorizing Budget Transfers for Costs in Excess of Budgeted Amounts in the City's General Fund. 5. *Liquor License Renewal Kenai Landing, Inc., d /b /a Kenai Landing Beverage Dispensary Tourism Seasonal (License #4355) ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000. 3. *Ordinance No. 2482 -2010 Increasing Estimated Revenues and Appropriations by 3111.94 in the General Fund for the Police Department to Purchase Equipment From Asset Forfeiture Funds Provided to the City of Kenai. 4. *Ordinance No. 2483 -2010 Increasing Estimated Revenues and Appropriations by $190,000 in the Congregate Housing Capital Project Fund for Repair of Damage Caused by the Fire Suppression Sprinkler System Failure. 5. Discussion Schedule Budget Work Session EXECUTIVE SESSION None Scheduled. ITEM M: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 FideIgo Avenue, or visit our website at htto: /www.ci.kenai.ak.us. Carol L. Freas, City Clerk D/211 NOTICE OF PUBLIC HEARING MAY 5, 2010 CITY OF KENAI COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and /or Resolution(s) on the above -noted meeting date. 1. Ordinance No. 2479 -2010 Amending KMC Chapter 1.10, The Council, to Add a New Section Establishing Procedures for the Use of Council Chambers and the City Clerks Conference Room. 2. Ordinance No. 2480 -2010 Amending KMC Chapter 1.15, Rules of Order, to Establish the Form of the Council Agenda and Set the Order of Business, to Explain the Consent Agenda and List of Pending Legislation, and to Make Conforming Amendments. 3. Ordinance No. 2481 -2010 Increasing Estimated Revenues and Appropriations by $150,000 in the Personal Use Fishery Capital Projects Fund. 4. Resolution No. 2010 -25 Authorizing Budget Transfers for Costs in Excess of Budgeted Amounts in the City's General Fund. 5. *Liquor License Renewal Kenai Landing, Inc., d /b /a Kenai Landing Beverage Dispensary Tourism Seasonal (License #4355) The public hearing will commence at 7:00 p.m., or as soon thereafter as business permits, in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. All interested persons are invited to attend the meeting and participate in the public discussion. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances and /or resolutions may be amended by the Council prior to adoption without further public notice. Carol L. Freas, City Clerk Posted: April 30, 2010 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE KENAI CITY COUNCIL MEETING OF MAY 5, 2010 NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and /or Resolution(s) at the above referenced meeting. 1. Ordinance No. 2481 -2010 Increasing Estimated Revenues and Appropriations by $150,000 in the Personal Use Fishery Capital Projects Fund. 2. Resolution No. 2010 -25 Authorizing Budget Transfers for Costs in Excess of Budgeted Amounts in the City's General Fund. 5. *Liquor License Renewal Kenai Landing, Inc., d /b /a Kenai Landing Beverage Dispensary Tourism Seasonal (License #4355) Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk. Please be advised, subject to legal limitations, ordinances and /or resolutions may have been amended by the Council prior to adoption without further public notice. Carol L. Freas, City Clerk Posted: May 5, 2010 UNITED STATES OF AMERICA, STATE OF ALASKA Denise Reece every day consecutive following dates: May 3 2010 PUBLISHER'S AFFIDAVIT 'avor f s 26 beine day in the issues on the Au the 2 SS: rst duly sworn, on oath deposes and says: That I am and was at all times here in this affidavit mentions, Supervisor of Legais of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the Council Agenda PO #90976 a printed copy of which is hereto annexed was published in said paper one each and for one successive and SUBSCRIBED AND SWORN to me before th,.i r da of May 7010 NOTARY PUBLIC State of Alaska. My Commission expir AGENDA OUNCIL- REGULAR MEETING MAY 5, 20 10 7:00 KENAI CITY COUNCI CHAMBERS /www cL kenai ak.us ITEM 13 SCHEDULED PUBLIC COMMENTS (Public tonne limited to 10 minutes per speaker) ITEM D: :PUBLIC HEARINGS (Testimony limited to 3 minutes per, speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) 1. Ordinance No. 2479 -2010 Amending KMC Chapter 110, The Council, to Add a New Section Es Procedures for the Use o Donna Chambers and the City Clerk's Conference: Room. 2: Ordinance No. 2480-2010 Amending KMC Chapter 1.15, Rules of Order, to Establish the Form of the Council Agenda and Set the Order of Business, to Explain the Consent Agenda and List of Pending' L egislation, and to Make Conforming Amendments.. 3: Ordinance No 2481 -2010 Increasing Estimated Revenues and Appropriations by $150,000 in the Personal Use Fishery Capital Fund. 4. Resolution No. 2010 -25 Authorizing Budget Transfers for Costs in Excess of Budgeted Amounts in the City's General Fund. "Liquor License Renewal Kenai Landing, Inc p /b /a Kenai Landing Beverage Dispensary Tourism Seasonal (License 1t4355) ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1 Ratification of Bills 2. Approval of Purchase Orders Exceeding $1 5,000. 3 *Ordinance No. 2482.2010 Increasing Estimated Revenues and Appropriations by $111.94 in the. General Fund for the Police Department to Purchase Equipment From Asset Forfeitures Funds Provided to the Gdy of Kenai. `Ordinance No 2483-2010 Increasing Estimated Revenues and Appropriations by $190;000 in the Congregate Housing Capital Project Fund for Repair of Damage Caused by the Are Suppression Sprinkler. System Failure Discussion Schedule Budget Work Session Carol L. Frees, City Clerk EXECUTIVE SESSION None Scheduled. ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at http://www.ci.kenatak.us. ITEM M: D22E \1 1111g111911g,t o y NOTAR r'UBLIG OF