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HomeMy WebLinkAbout2010-06-02 Council PacketI COUNCIL MEETING DATE: 1 Mayor/Council Clerk Police Department Attorney Feltman /Floyd City Manager Finance Senior Center Library (2) Fire Department V Airport Parks Recreation Student Rep. Hall Binder Kebschull /Carver Ogle Christine Clarion Mellish Schmidt 7 AGENDA DISTRIBUTION a� MAKE 27 PACKETS COUNCIL PACKET DISTRIBUTION Sewer Treatment Plant Shop Building Maintenance Water /Sewer Streets 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 lbell@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. 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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. 2484 -2010 Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2010 and Ending June 30, 2011 2. Ordinance No. 2485 -2010 Increasing Estimated Revenues and Appropriations by $591,268 in the Airport Land Sales Permanent Fund and Both Increasing and Decreasing Estimated Revenues in the Airport Fund for Funds Received from the Airport Land Sales Permanent Fund 3. Ordinance No. 2486 -2010 Increasing Estimated Revenues and Appropriations by $8,552.95 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures 4. Ordinance No. 2487 -2010 Increasing Estimated Revenues and Appropriations by S8,569.75 in the General Fund for State Traffic Grant Overtime Expenditures 1 1 13 5. Ordinance No. 2488 -2010 Amending KMC Chapter 6.05, Voting Qualifications and Procedures, to Change the Time for the Meeting of the Canvassing Board, to Amend the Process for Absentee Voting by Directing the Use of Pre -Paid Postage Return Envelopes and Reducing the Number of Witnesses Required, to Expand Certain Records Retention Requirements, and to Make Conforming Amendments 6. Resolution No. 2010 -31 Requesting the Kenai Peninsula Borough to Allocate S2,000,000 of its Volume Cap of Recovery Zone Facility Bonds to the City of Kenai for the Issuance of Revenue Bonds to Fund the Construction of a Commercial Building in the City 7. Resolution No. 2010 -32 Awarding a Contract to Harbor Enterprises, Inc , d /b /a Alaska Oil Sales, for Furnishing and Dispensing of Diesel and Unleaded Fuel ITEM E: MINUTES 3. *Ordinance No. 2489 -2010 Local Amendments to the 2006 Uniform Plumbing Code, to Delete the Local Requirement That Underground Water Service Pipe Less Than Two Inches in Diameter Must be in Copper 4. *Ordinance No. 2490 -2010 Increasing Estimated Revenues and Appropriations by $4,255 in the Airport Fund for a Donation Received From the Kenai Watershed Forum for the City's Summer Bird Hazing Program at the Kenai Airport 5. *Ordinance No. 2491 -2010 Increasing Estimated Revenues and Appropriations by $1,500,000 in the Library Improvements Capital Project Fund 6. *Ordinance No. 2492 -2010 Reducing Estimated Revenues and Appropriations by $1,500,000 in the General Fund and Library Improvements Capital Project Fund 7. *Ordinance No. 2493 -2010 Amending KMC 13.40.040 to Provide for a Speed Limit of Fifteen (15) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai and Making Technical Corrections 15 21 24 1. *Regular Meeting of May 19, 2010 2. *May 24, 2010 Council Work Session Notes ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Bills to be Ratified 55 27 51 2. Approval of Purchase Orders Exceeding $15,000 56 61 66 68 69 72 8. Action Item Appointment to Kenai Peninsula Borough Planning Commission 75 9. Action Item Schedule Work Session /Town Hall Meeting Collaborative Leadership Training Review 78 ITEM Ii: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 85 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks Recreation Commission 6. Planning Zoning Commission 89 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municpal League Report c. Mini -Grant Steering Committee 94 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 97 2. City Attorney 3. City Clerk 102 ITEM K: DISCUSSION 1. Citizens (Public comment limited to 5 minutes per speaker) 2. Council EXECUTIVE SESSION Annual Evaluations of City Manager and City Clerk ITEM L: ITEM M: ADJOURNMENT 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 Actions Building and Maintaining a Sustainable community Within the City of Kenai, and Supporting Networking with Local Governments on the Kenai Peninsula. (Clerk's Note: At its May 19, 2010 meeting, Resolution No. 2009- 68 was substituted and then postponed to July 7, 2010 for consideration and an additional public hearing.) 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.) INFORMATION ITEMS KENAI CITY COUNCIL MEETING JUNE 2, 2010 6/2/2010 Purchase Orders Between $2,500 and $15,000 for Council Review 106 2. Budget Transfer in Capital Projects in Excess of 5,000 3. Minutes of the May 24, 1960 Kenai City Council meeting (the first) and minutes of July 19, 1960 Kenai City Council meeting 107 4. 5/15/2010 AML letter regarding FY2011 dues 112 5. 5/16/2010 Peninsula Clarion article entitled, "Municipal League warns of 'gag' initiative" 114 6. 5/17/2010 M. Johnson thank you note Page No. 7. 5/20/2010 B. Janorschke, General Manager, HEA, related to Grant Lake Hydroelectric Project 116 8. Articles of Incorporation, Kenai Peninsula Municipal Conference 118 ADD TO: ADD TO: None. JUNE 2, 2010 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET ITEM D -1, Ordinance No. 2484 -2010 6/2/2010 T. Eubank memorandum /FY11 Budgeted Revenues from Property Taxes 6/1/2010 T. Anderson, Director of Assessing, Kenai Peninsula Borough letter related to 2010 Certified Main Roll Values ITEM 13-2, Ordinance No. 2485 -2010 6/1/ T. Eubank Memorandum identifying required amendments and Suggested amendment language. CONSENT AGENDA REQUESTED BY: FINANCE DIRECTOR FINANCE DIRECTOR der ci of KENAI ALASKA CITY OF KENAI ORDINANCE NO. 2484 -2010 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2010 AND ENDING JUNE 30, 2011. WHEREAS, it is a requirement of the Code of the City of Kenai, Alaska, that the City Council, not later than the tenth day of June, adopt a budget for the following fiscal year and make appropriation of the monies needed. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Section 1: That certain document entitled "City of Kenai Fiscal Year 2011 Annual Budget" which is available for examination by the public in the Office of the City Clerk, the City's website and is incorporated herein by reference is hereby adopted as the budget for the City of Kenai for the fiscal year commencing July 1, 2010 and ending June 30, 2011. Section 2: The following sums of money are hereby appropriated for the operations of the City of Kenai for the fiscal year commencing on the first day of July, 2010, and ending the 30th day of June, 2011, to be expended consistent with and subject to the restrictions, procedures, and purposes set forth in the Code of the City of Kenai and to be expended substantially by line item in the manner shown in the budget adopted by Section 1 hereof: General Fund Enterprise Funds: Congregate Housing Capital Projects Management Fund Special Revenue Funds: Airport Land Sales Permanent Fund 968,157 General Land Sales Permanent Fund 3,000 Water and Sewer Fund 1,959,437 Airport Fund 2,607,579 Senior Citizen Title III 576,628 Senior Citizens Fund 175,742 Debt Service Fund 175,963 New Text Underlined (DELETED TEXT BPACKETEDJ 12,938,848 585,070 162,342 Ordinance No. 2484 -2010 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of June, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: 7 PAT PORTER, MAYOR New Text Underlined (DELETED TEXT BRACKETED) -2- Introduced: May 19, 2010 Adopted: June 2, 2010 Effective: July 1, 2010 2008 Meetings City Clerk Involvement No. Council, including work sessions and special meetings City Clerk's Office generally collected, assembled, copied, and provided packets; caused public notices; uploaded to City webpage; attended. all; recorded and generated minutes /notes; necessary follow -up processed 31 Planning Zoning Commission City Clerk's Office uploaded packet to City webpage; attended all; recorded and generated minutes. 22 Commissions /Committees City Clerk's Office collected, assembled, copied and provided packets; caused public notice; uploaded to City webpage; generated meeting summaries from Department Staff notes. 55 Cemetery Task Force City Clerk's Office collected, assembled, copied and provided packets; caused public notice; uploaded to City webpage; generated meeting summaries from Department Staff notes. 1 Staff M eetings City Clerk's Office attended and provided draft agenda to staff; subsequently provided draft agenda to Council. 24 Nth KENAI, ALASKA ME NDUM 'Wage with a Past, Ci y with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 FAX: (907) 283 -3014 www.ci.kenai.ak.us TO: Mayor /Council Members FROM: Carol L. Freas, Ci DATE: May 27, 2010 RE: REQUESTED ADDITIONAL INFORMATION At the April 21, 2010 council meeting, additional information was requested related to the FY11 budget and including a full -time Deputy Clerk to the Clerk's Department, reclassifying the current full -time shared position (50/50 to Finance and City Clerk). Information requested was: Clerk's involvement /Number of meetings Staffing in other Clerk offices 2009 Meetings Council (including Work Sessions and special meetings) City Clerk's Office generally collected, assembled, copied, and provided packets; uploaded to City webpage; prepared and posted meeting notices, advertisements, etc.; attended all; recorded and generated minutes /notes; necessary follow -up processed. 33 Planning Zoning Commission City Clerk's Office uploaded packet to City webpage; posted meeting notices; attended all; recorded and :enerated minutes. 22 Commission /Committees City Clerk's Office generally collected, assembled I and provided packets; uploaded to City webpage; prepared and ted meeting notices; generated meeting summaries from Department Staff notes. 58 Staff Meetings City Clerk's Office attended and provided draft agenda to staff; subsequently provided draft aenda to Council. 24 Salmon Task Force City Clerk's Office generally collected, assembled, copied and provided packets; uploaded to City webpage; prepared and posted meeting notices; attended all; recorded and generated meeting summaries. LO Cemetery Task Force City Clerk's Office generally collected, assembled, copied and provided packets; uploaded to City webpage; prepared and posted meeting notices; generated meeting summaries. i 1 2010 Meetings Council (including Work Sessions, Special Meetings, Board of Adjustment Hearings) (held to date and scheduled) City Clerk's Office generally collects, assembles, copies, and provides packets; uploads to City webpage; prepares and posts meeting notices, advertisements, etc.; attends all; records and generates minutes /notes; necessary follow -up processed. City Clerk's Office uploads packet to City webpage; attends all; records and generates minutes. 37 23 Planning Zoning Commission. (held to date and scheduled) MEMORANDUM /REQUESTED ADDITIONAL INFORMATION PAGE 2 OF Commission /Committees (held to date and scheduled) City Clerks Office collects, assembles, copies and provides packets; causes public notice; uploads to City webpage; generates meeting summaries from Department Staff notes. 57 Appreciation Dinner City Clerk and Deputy City Clerk attended. Collaborative Leadership Training City Clerks Office attended and participated. 1 Town Hall Meeting City Clerks Office attended and .artici ated. Clerk Office Staffi Cit Po =ulation Staffin_ Cit of Homer 5,435 Full time Clerk, Deputy Clerk I, Deputy Clerk II (the 1 /2 time clerical .osition was lost FX1.0 City of Seward 2,619 Full -Time Clerk, Full -Time Assistant Clerk, and Full -Time Office Assistant City of Wasilla 7,028 Full -Time Clerk and Full -Time De ut Clerk City of Ketchikan I 7,685 Full -Time Clerk, Full -Time Deputy Clerk City of Soldotna 4,061 Full -time Clerk, Deputy City Clerk (split between City Manager and City Clerk, approximately 80% Clerk -20% City Manager. Kenai Peninsula Borough 53,017 Full -time Clerk, Deputy Clerk, Borough Clerk Assistant, and 2.5 additional employees. MEMORANDUM /REQUESTED ADDITIONAL INFORMATION PAGE 3 OF 5 ADDITIONAL COMMENTS: 1. At the April 20, 2010 budget work session, a question was asked if there would be a need for as much overtime if a full-time Deputy Clerk position was provided. It was noted, it is the employee's preference of whether to be paid overtime or take compensation time. With further consideration, the work schedule could be split in order to avoid overtime hours. 2. Reasons articulated of why a part -time position in Finance is not adequate (activities, breadth of knowledge, etc.) support concerns expressed for the full -time Deputy Clerk position: The half -time position only provides limited time to become truly acquainted with the details and sheer number of various functions the Clerks office performs. 3. Currently, due to the part -time nature of the Deputy Clerk position, task assignment is coordinated with. the timeframe available, i.e. record maintenance, that while is an important and significant function of the office, can be done at any time. In contrast, it is more difficult 5 Departments Administrative Staffing Title City Clerk .50 Administrative Assistant II City Attorney 1 Legal Administrative Assistant I City Manager 1 .50 Assistant to City Manager Department Assistant I Finance Department Planning Zoning Department 1 Administrative Assistant III Police Department 1 Administrative Assistant I Fire Department 1 Administrative Assistant I Pu blic Works Administration i Administrative Assistan t III L ibrary 1 Administrative Assistan [I Airport Administration /Terminal 1 Administrative Assistan II Senior Center 1 Administrative Assistant III MEMORANDUM /REQUESTED ADDITIONAL INFORMATION PAGE 4 OF 5 to assign areas such as sale of cemetery plots, maintenance of cemetery files, issuing investigator or taxicab license, and responding to public records inquiries, because these issues can arise any time of the day. 4. The position requires a lot of detailed knowledge about professional standards and legal requirements. Half-time status in the office is not advantageous to training the Deputy Clerk in all functions of the job. 5. Without familiarity of all the functions of the clerk's Office, when. the Clerk is away, the Deputy is necessarily on a steep learning curve. Because the Deputy Clerk often has to perform duties or answer questions that have not come up before in her presence, she relies heavily upon the Clerk to answer questions, even when out of the office. This delays service to the public with the Clerk is not immediately available. 6. In July, during dip net season, the Deputy Clerk has been assigned mostly full time to the Finance Department, typically to count money from the fishery, as well as other daily duties (including filling in for other positions in the Finance Department if necessary. Counting money is done all week long with the heaviest activity on Mondays due to weekend intake of parking fees, launch fees, etc. The amount of income and time out of the Clerk Department is commensurate with the dip net fishery activity and whether the fishery is extended or shortened. During the fishery season, the Clerk has only taken leave twice (due to special family obligations) as it is very difficult to do so without checking in at least daily both by phone and via email transmissions. It is also difficult to take sick leave or engage in other professional activities outside of the office without closing the door and leaving a sign to direct the public upstairs or leave a clipboard for leaving messages in order for the Clerk to respond later. 7. In light of some of the functional problems with only having a half -time Deputy Clerk, there is a lot of work that becomes delayed and not addressed due to lack of support. The records project with Laserfiche has been monumental and required a significant investment of time by the Clerk's Office to begin the process of electronic archiving and providing wonderful new form of public access to City documents. The work still continues. Advantages with having an active and viable record management program are earlier destruction of paper records; less storage space needed, cheaper document production and disclosure upon requests due to electronic searching. 8. The 2011 Budget "Authorized Personnel Staffing Table" indicates the following: MEMORANDUM /REQUESTED ADDITIONAL INFORMATION PAGE 5 OF 5 9. The Clerk's Office is the public face of the City of Kenai and the City Council. This is often the first point of contact from members of the general public who need something from the City or who are interested in something the City is doing. The City Clerk is normally the first to arrive to a meeting, work session, etc. and the last to leave. If you have any additional questions, please ask me. As always, I will be happy to help you. clf theciyof KENAI, ALASKA Village 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 To: Rick Koch, City Manager i Terry Eubank, Finance Director Date: June 2, 2010 Re: Ordinance 2484 -2010 FY11 Budgeted Revenues from Property Taxes Attached, please find a copy of a letter received from the Borough Assessor communicating the City's 2010 certified main roll taxable values as of June 1, 2010, These certified values will be the basis for FY11 Property Tax Revenue for the City. The taxable values in the letter are $6,754,349 less than projected in the FYI I Budget the Council will be considering this evening. The result of lower than projected property values is a decrease in the City's anticipated Property Tax Revenue by $28,855 for FY11. A reduction in revenue of $28,855 will reduce the proposed Adjusted Surplus (Deficit) to $269,658 from the previous projection of $298,513. Attachment 1/ 78- 444 June 1, 2010 Mr. Rick Koch, City Manager City of Kenai 210 Fidalgo Avenue #200 Kenai, AK 99611 Sincerely, Tom Anderson Director of Assessing TA /see `Tax Authority Group RE: 2010 Certified Main Roll Values Dear Mr. Koch: Following are the 2010 certified main roll taxable values (TAG* 30) as of June 1, 2010: REAL PROPERTY OIL GAS PROPERTY PERSONAL PROPERTY TOTAL 2010 CE ".TIFIED MAIN ROLL TAXABLE VALUE for the City of Kenai $594,792,000 22,469,620 37,521.751 $654,753,3711 If you have any questions, please do not hesitate to contact this office. R'.\ Director \Word \Certification \2010 CITY CERT LETTERS \2010 MAIN REAL PROP KENALdoc roavlra Bonounhq the city v� KENA SKA CITY OF I{ENAI ORDINANCE NO. 2485 -2010 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $591,268 IN THE AIRPORT LAND SALES PERMANENT FUND AND BOTH INCREASING AND DECREASING ESTIMATED REVENUES IN THE AIRPORT FUND FOR FUNDS RECEIVED FROM THE AIRPORT LAND SALES PERMANENT FUND. WHEREAS, Ordinance No. 2326 -2008, KMC 7.30,020, changed the investment methodology for the Airport Land Sales Permanent Fund; and, WHEREAS, Ordinance No. 2326 -2008, KMC 7.30.020, requires all investment earnings to be reported in the Airport Land Sales Permanent Fund and then allows for a percent of market value of the fund to be transferred annually to the Airport Fund for operations; and, WHEREAS, the allowable transfer amount for the policy's second year (FY10) is restricted to 5% of the funds market value at December 31, 2008 (5% of $17,825,369 $891,268) or the increase in the market value of the fund from the effective date of Ordinance No. 2326 -2008 to May 31, 2010, less appropriated transfer amount for FY09 ($283,044.08), which ever is less; and, WHEREAS, the increase in market value since adoption of Ordinance No. 2326 -2008 of less $283,044.08, the amount appropriated in FY09, is S and, WHEREAS, as $891,268 is the lesser of the calculated amount, and is the maximum allowable transfer for FY10 requiring an increase to the budget of $658,157. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Airport Land Sales Permanent Fund Increase Estimated Revenues: Investment Earnings $591,268 Increase Appropriations Transfer to Airport Fund $591,268 New Text Underlined' [DELETED TEXT BRACKETED[ -8- Ordinance No. 2485 -2010 Page 2 of 2 Airport Fund Increase Estimated Revenues: Transfer From Airport Land Sales Permanent Fund Decrease Estimated Revenues: Appropriation of Fund Balance $591,268 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of June, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: PAT PORTER, MAYOR New Text Underlined' [DELETED TEXT BRACKETED] -9- 591,268 Introduced: May 19, 2010 Adopted: June 2, 2010 Effective: June 2, 2010 the cit NA ALASKA To: Rick Koch, City Manager 7 From: Terry Eubank, Finance Director Date: May 11, 2010 Re: Ordinance 2485 -2010 Village with a Past, Gi y with a Future FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 ext 221 FAX: 907 -283 -3014 Ordinance 2326 -2008 modified the investment parameters (KMC 7.30.020) for the Airport Permanent Fund with the expectation of generating higher returns on a long -term basis and to provide more consistent cash flows to the Airport. Ordinance 2326 -2008 established a percent of market value method for determining the amount of Airport Land Sales Permanent Funds balance to he made available annually to fund airport operations. The policy allows 5% of the Airport Land Sales Permanent Fund balance to be made available for Airport operations regardless of investment performance. To protect the funds initial investment from unexpected investment losses in the first two years after conversion, transfer in FY10 is restricted to 5% of the funds market value at December 31, 2008 (5% of $17,8 $891,268) or the increase in the market value of the fund from the effective date of Ordinance No. 2326 -2008 to May 31, 2010, less the amount appropriated for FY09 ($283,044), which ever is less. The market value of the fund on May 10, 2010 was $20,993,280.18. The increase in market value since adoption of Ordinance 2326 -2008 has been $3,871,918.26. FY09 transfers were $283,044.08. KMC limits the transfer to the lesser of $891,268 and $3,588,874. Absent significant declines in the market value of the portfolio in the remainder of May 2010, the transfer amount for FY10 will be $891,268. The FY10 Budget estimated earning of the fund would be $300,000 requiring a budget amendment of $591,268. Blanks have been inserted in the Ordinance as the actual fund value at May 31. 2010 will not be available until just prior to the June 2 Council Meeting. A suggested amendment will be prepared for the June 2 Council Meeting to till in the two blanks. The suggested amendment is not anticipated to include any change to the appropriation amount. —10— the n #of KEN I, ALASKA To: Rick Koch, City Manager 71 From: Terry Eubank, Finance Director Date: June 1, 2010 Re: Amendment information for Ordinance 2485 -2010. As indicated at introduction of Ordinance 2485 -2010 the following amendments are recommended to fill in the blanks of the Ordinance. Fourth WHEREAS, first blank. The amount of $3,305,567 should be inserted representing the earnings of the Airport Permanent Fund since adoption of Ordinance 2326 -2008. Fourth WHEREAS, second blank. The amount of $3,022,522.92 should be inserted representing earnings to date less the FY09 transfer amount. Fifth WHEREAS. The amount $658,157 should be replaced with $591,268. "Village with a Past, Gtr/ with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 ext 221 FAX: 907 283 -3014 These amendments are required as valuation of the portfolio at May 31, 2010 was not available until June 1. Suggested Amendment: I move to amend Ordinance No. 2485 -2010 by inserting $3,305,567 in the first blank of the Fourth Whereas; inserting $3,022,522.92 in the second blank of the Fourth Whereas; and by replacing $658,157 with $591,268 in the Fifth Whereas. a"y ar RE Al. SKA General Fund Increase Estimated Revenues: State Grant Police ATTEST: Carol L. Freas, City Clerk Approved by Finance: CITY OF KENAI ORDINANCE NO. 2486 -2010 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $8,552.95 IN THE GENERAL FUND FOR STATE BUREAU OF HIGHWAY PATROL OVERTIME EXPENDITURES. WHEREAS, since July 1, 2009, a Kenai Police Department officer has worked on the Alaska State Troopers, Bureau of Highway Patrol (BHP) traffic team; and, WHEREAS, through Alaska Highway Safety Office funding, the State of Alaska has reimbursed the City of Kenai for the officer's salary and overtime; and, WHEREAS, actual overtime expenditures for the Kenai officer on the BHP traffic team have totaled $5,052.95 for the time period of January 1, 2010 to April 30, 2010, and those funds are paid out of the Police Overtime account; and, WHEREAS, it is estimated the Kenai officer on the BHP traffic team will work an additional $3,500 in BHP overtime for May and June of 2010; and, WHEREAS, the Kenai Police Department is requesting the appropriation of 58,552.95 ($5,052.95 actual plus $3,500 estimated) to the General Fund, Police Overtime account to cover overtime costs of Bureau of Highway Patrol participation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: $8,552.95 Increase Appropriations: Police Overtime $8,552.95 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of June, 2010. PAT PORTER, MAYOR Introduced: May 19, 2010 Adopted: June 2, 2010 Effective; June 2, 2010 e city Ut KEW Al, ALASKA MEMO: "Vt laye with a Past, Ci y with a Future" 1992 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907- 283 -3014 TO: Rick Koch City Manager FROM: Gus Sandahl Police Chief DATE: 5/12/10 SUBJECT: Ordinance 2486-2010 requesting appropriation for Police Overtime Since July 1, 2009, a Kenai police officer has worked on the Alaska State Trooper, Bureau of Highway Patrol (BHP) traffic team. The State of Alaska, through Alaska Highway Safety Office grant funding, reimburses the City of Kenai for the officer's salary and overtime. The officer's overtime is paid out of the City of Kenai police overtime account, which is now significantly depleted. BHP overtime reimbursements, from the State of Alaska, are deposited into the City of Kenai general fund. Actual BHP overtime costs for the Kenai BHP officer from January 1 to April 30, 2010 are $$5,052.95. The FY2010 budget estimated overtime expenditures and revenue from the BHP Grant at $3,302 for the officer. That budgeted overtime amount was exceeded in the first half of the year (July to December 2009). As a result, the $5,052.95 in overtime expended from January to April of 2010 is entirely unbudgeted. Additionally, the Kenai officer on the BHP traffic team is expected to work increased overtime for May and June of 2010, due to increased traffic safety patrols on Memorial Day weekend, and also due to training that the BHP is sending the officer to. The officer is expected to work an additional $3,500 in overtime for May and June of 2010. I am requesting an ordinance appropriating $8,552.95 ($5,502.95 actual plus $3,500 estimated) to the general fund, police overtime account to cover the costs of BHP overtime from January to June of 2010. r ct*of KEMA SI% CITY OF KENAI ORDINANCE NO. 2487 -2010 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $8,569.75 IN THE GENERAL FUND FOR STATE TRAFFIC GRANT OVERTIME EXPENDITURES. WHEREAS, the Kenai Police Department joins with other law enforcement agencies statewide to support Alaska Highway Safety Office (AHSO) traffic safety programs to reduce fatalities and injuries on roadways; and, WHEREAS, AHSO traffic- related overtime funds require no local match and allow the Department to show a strong traffic presence, as well as allowing a Kenai Police Department officer to work overtime hours as a regional Law Enforcement Liaison (LEL) between AHSO and other law enforcement agencies; and, WHEREAS, actual AHSO overtime expenditures for traffic safety patrols and law enforcement liaison duties totaled $4,569.75 from January 1 to April 30 of 2010; and, WHEREAS, it is estimated that Kenai police officers will work $4,000 in additional AHSO traffic- related overtime for May and June of 2010; and, WHEREAS, the Kenai Police Department is requesting the appropriation of $8,569.75 ($4,569.75 actual plus $4,000 estimated) to the General Fund, Police Overtime Account to cover actual and estimated costs of traffic safety program participation. 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 Appropriatio Police Overtime $8,569.75 8,569.75 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of June, 2010. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Approved by Finance: 7-44 Introduced: May 19, 2010 Adopted: June 2, 2010 Effective: June 2, 2010 -13- the citof KEN I. ALASKA MEMO: Village with a Past, City with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 TO: Rick Koch City Manager FROM: Gus Sandahl Police Chief DATE: 5/12/10 SUBJECT: Ordinance 2487 -2010 requesting appropriation Police Overtime The Kenai Police Department continues to participate in seatbelt and DUI overtime patrols, reimbursed to the City of Kenai through a grant by the Alaska Highway Safety Office (AHSO). Additionally, the Kenai Police Department continues to have Officer Jay Sjogren participating in the Law Enforcement Liaison (LEL) program, in which he is a regional liaison between the Alaska Highway Safety Office and law enforcement agencies. As an LEL he facilitates and coordinates traffic safety programs which help keep Kenai Peninsula highways safer. The City of Kenai is reimbursed for any overtime he works as part of his LEL duties. Actual overtime costs for the above programs from January to April of 2010 are $4,569.75. It is estimated that participation in these programs for May and June of 2010 will total an additional $4,000. Officers traditionally work additional traffic safety overtime patrols in May and June, especially with the national click it or ticket campaign surrounding Memorial Day weekend. All of the above AHSO- overtime reimbursements are deposited into the general fund. The police overtime account has a significant depletion, and I am requesting an appropriation of $8,569.75 ($4,569.75 actual plus $4,000 estimated) into the general fund, police overtime account for AHSO- related overtime costs for the second half of this budget year (January to June 2010). The actual and estimated overtime costs for the AHSO related programs for the first 6 months of this budget year are as follows: Actual Overtime (DUI $1,368.17; Seatbelt $2,452.06; LEL $749.52) Total $4,569.75 Estimated Overtime for May and June $4,000.00 Total Requested Appropriation $8,569.75 ;riff 1992 theci[yzy KENAI, ALASKA CITY OF KENAI ORDINANCE NO. 2488 -2010 Suggested by: City Clerk AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC CHAPTER 6.05, VOTING QUALIFICATIONS AND PROCEDURES, TO CHANGE THE TIME FOR THE MEETING OF THE CANVASSING BOARD, TO AMEND THE PROCESS FOR ABSENTEE VOTING BY DIRECTING THE USE OF PRE -PAID POSTAGE RETURN ENVELOPES AND REDUCING THE NUMBER OF WITNESSES REQUIRED, TO EXPAND CERTAIN RECORD RETENTION REQUIREMENTS, AND TO MAKE CONFORMING AMENDMENTS. WHEREAS, the Canvassing Board currently meets on the first Tuesday following every City election to canvass the returns of the election, and begins its work at 10:00 a.m.; and, WHEREAS, over the years, the convenience of absentee voting, which includes voting absentee in person, by mail, by facsimile transmission, and through a personal representative has become more popular and, in turn, has increased the workload of the Board; and, WHEREAS, the process of canvassing returns is time consuming, involving confn oration of voter registration, making decisions as to validity of questioned ballots, counting absentee ballots, reviewing tallies of precinct election boards, and declaring the results of the election; and, WHEREAS, because of the increase in absentee and questioned voting, beginning the canvassing of City elections at an earlier time of the day will assist in the process by providing more time for the Canvassing Board to perform its work; and, WHEREAS, State law requires only one witness to attest to the absentee voting in State elections and it is more clear to the public to keep the procedures for City and State elections consistent where possible to ease the voting process; and, WHEREAS, because of the general increase in the absentee voting process, it is desirable to look at ways to help promote voting in City elections and assist the voters in expressing their views; and, WHEREAS, the use of pre -paid postage for the return envelops for ballots will save voters money and encourage voting. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. New Text Underlined; [DELETED TEXT BRACKETED -15- Ordinance No. 2488 -2010 Page 2 of 5 Section 2. Amendment of Section 6.04.120 of the Kenai Municipal Code: The Kenai Municipal Code, Section 6.04.120, Establishment of Canvassing Board and Procedures, is hereby amended as follows: 6.05.120 Establishment of Canvassing Board and procedures. (a) Pursuant to the provisions of Section 10 -9 of the Charter of the City of Kenai, there is hereby established a Canvassing Board for the canvassing of all City elections; regular and special, and to ascertain and declare the results thereof, as follows: (1) The City Clerk is hereby designated as the Chair of the Canvassing Board. (2) The Canvassing Board shall consist of the City Clerk, Chair of each precinct election hoard within the City, and up to five additional judges selected from among the qualified voters of the City. In the event any such appointed member of the Board is absent from the City, ill, or otherwise unable to attend at the time set for canvassing the ballot, the City Clerk is hereby authorized to appoint another election judge from the same precinct to substitute for the appointed member. (b) The Canvassing Board shall meet in public session on the Tuesday following every City election, regular or special, at [10:00 A.M.1 8:30 a.m. and, if necessary, continue through the following day and shall promptly proceed to canvass the returns of said election, making decisions as to validity of questioned ballots, counting absentee ballots, and ascertaining and declaring the results of said election. The canvass of the ballot vote counted by the precinct election boards shall be accomplished by reviewing the tallies of the recorded vote to check for mathematical error by comparing totals with the precincts certificate of results. All obvious errors found by the election canvass in the transfer of totals from the precinct tally sheets to the precinct certificate of results shall be corrected by the Canvassing Board. A mistake which has been made in precinct returns that is not clearly an error in the transfer of the results from the tallies to the certificate of results empowers the Canvassing Board to recommend a recount of the results of the precinct or precincts for that portion of the returns in question. (c) In order to be counted, absentee ballots which are mailed must be mailed on or before the date of the election, and if the envelope containing the ballot is postmarked, the post mark date must be on or before the date of election, and said ballot must be received in the City of Kenai's mail by noon on the seventh (7th) day after the election. (d) The City Clerk, as Chair of the Canvassing Board, shall report the results of the election to the City Council as the first order of business following the roll call at the next regular Council meeting following the meeting of the Canvassing Board. Section 3. Amendment of Section 6.05.140 of the Kenai Municipal Code: The Kenai Municipal Code, Section 6.05.140, Absentee Voting, is hereby amended as follows: 6.05.140 Absentee voting Any qualified voter who may secure and cast an absentee ballot in a State election may secure and cast an absentee ballot in a City election. The City Clerk shall supervise absentee voting, and shall issue necessary instructions regarding the procedure for absentee voting to qualified applicants for absentee ballots. The City New Text Underlined DELETED TEXT BRACXETEDI -16- Ordinance No. 2488 -2010 Page 3 of 5 Clerk shall provide the absentee ballots, the [INNER] secrecy envelopes for the ballots, and [OUTER] the postage -paid return envelopes therefor, and any other forms and supplies required for the use of absentee voters. Section 4. Amendment of Section 6.05.160 of the Kenai Municipal Code: The Kenai Municipal Code, Section 6.05.160, Absentee Voting Ballots, is hereby amended as follows: 6.05.160 Absentee voting Ballots. Voters casting absentee ballots shall mark the ballot, place the ballot in the [INNER] secrecy envelope and [OUTER] then place the secrecy envelope with the marked ballot inside the postage -paid return envelope[S], and return the[M] documents to the City Clerk in the same manner and under the same regulations, as nearly as may be, as required by law in State elections. Section 5. Amendment of Chapter 6.05 of the Kenai Municipal Code: The City of Kenai Municipal Code is hereby amended by adding a new section, Absentee voting By Mail, to be numbered 6.05.170 which shall read as follows: 6.05.170 Absentee voting —By Mail. (a) A qualified voter may apply for an absentee ballot by mail if postmarked not earlier than the first of the year in which the election is to be held nor less than seven days before an election. A voter may request his name be placed on permanent absentee by mail status. The application shall include the address to which the absentee ballot is to be returned, the applicant's full Alaska residence address, and the applicant's signature. (b) After receipt of an application by mail, the City Clerk shall send the absentee ballot and other absentee voting material to the applicant by first class mail The materials shall be sent as soon as they are ready for distribution. The postage paid return envelope sent with the materials shall be addressed to the City Clerk. (c) Upon receipt of an absentee ballot by mail, the voter, in the presence of a notary public, commissioned officer of the armed forces including the National Guard, district judge or magistrate, United States postal official, or other person qualified to administer oaths, may proceed to mark the ballot in secret, to place the ballot in the secrecy envelope, to place the secrecy envelope in the postage paid envelope, and to sign the voter's certificate on the back of the postage -paid return envelope in the presence of an official listed in this subsection who shall sign as attesting official and shall date his signature. If none of the officials listed in this subjection are reasonably accessible an absentee voter shall have the ballot witnessed by a person over the age of 18 years. (d) An absentee ballot must be marked and attested on or before the date of the election. If the voter returns the ballot by mail.. he shall use the most expeditious mail service and mail the ballot not later than the day of the election to the City Clerk. It must be postmarked on or before midnight of election day and received by the City Clerk no later than the Tuesday following the election. Ballot envelopes received after New Text Underlined' (DELETED TEXT BRACKETED) -17- Ordinance No, 2488 -2010 Page 4 of 5 that time shall not be opened but shall be marked "invalid," with the date of receipt noted thereon, and shall be preserved with other ballots of the election. (e) The City Clerk may require a voter casting an absentee ballot by mail to provide proof of identification or other information to aid in the establishment of his identity. (f) The City Clerk shall maintain a record of the name of each voter to whom an absentee ballot it sent by mail. The record must list the date on which the ballot is mailed and the date on which the ballot is received by the City Clerk and the dates on which the ballot was executed and postmarked. Section 6. Amendment of Section 6.05.280 of the Kenai Municipal Code: The Kenai Municipal Code, Section 6.05.280, Record retention, is hereby amended as follows: 6.05.280 Record retention. a) The certificate of returns of the Canvass Board shall be maintained permanently, and descriptions of election boundaries, precincts, and polling places shall be maintained until they are revised. (b) Other election records shall be maintained for the period set forth below: Conflict of Interest Six years Candidate Affidavit of expense and contributions Five years Election Registers Four years Nominating Petitions. [THREE] Four years Declaration of Candidacy [ONE YEAR, UNLESS ELECTION CONTESTED] Four years Rejected Ballots One year, unless election contested Certificates of Election Return Reports One year after recorded in minutes c) The City Clerk shall inform the City Council prior to destruction of any records, specifying the type of record and the date of the election in which it was involved. Section 7. Amendment of Section 6.05.300 of the Kenai Municipal Code: The Kenai Municipal Code, Section 6.05.300, Voting by mail, ballots, ballot review, ballot envelopes, is hereby amended as follows: 6.05.300 Voting by mail, ballots, ballot review, ballot envelopes. (a) The City Clerk may conduct a special election by mail. (b) When the Clerk conducts a special election by mail, the Clerk shall send a ballot to each person whose name appears on the official voter registration list prepared under AS 15.07.125 for that election. The Clerk shall send the ballot [SHALL BE SENT] to the address stated on the official registration list unless the voter has notified the Clerk in writing of a different address to which the ballot should be sent. The Clerk shall send ballots by first class, nonforwardable mail on or before the twenty- second (22nd) day before the election. New Text Underlined [DELETED TEXT BRACKETED -18- Ordinance No. 2488 -2010 Page 5 of 5 (c) The Cleric shall review ballots voted under this section under procedures established for the review of absentee ballots. (d) There shall be a small blank envelope and a postage -paid return envelope supplied to each by -mail voter. The postage -paid return envelope shall have printed on it an affidavit by which the voter shall declare [HIS] the voter's qualification to vote, followed by provision for attestation by [TWO (2)] one (11 attesting witness[ES], who [ARE] is at least eighteen (18) years of age. Specific instructions for voting a by -mail ballot and a list of the appointed absentee voting officials, their hours and locations, [WILL( shall be mailed to each voter with the ballot. Section 8. Severability: 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 9. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption and upon approval of the United States Department of Justice. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of June, 2010. ATTEST: Carol L. Freas, City Clerk New Text Underlined: (DELETED TEXT BRACKETED' -19- PAT PORTER, MAYOR Introduced: May 19, 2010 Adopted: June 2, 2010 Effective: 2010 TO: Mayor and Council Members FROM: Carol L. Freas, City Clerk DATE: May 27, 2010 RE: clf "Village with a Past, y with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 FAX: (907) 283 -3014 www.ci.kenai.ak.us MEMO NDUM Ordinance No. 2488.2010 Amending KMC Chapter 6.05, Voting Qualifications and Procedures, to Change the Time for the Meeting of the Canvassing Board, to Amend the Process for Absentee Voting by Directing the Use of Pre -Paid Postage Return Envelopes and Reducing the Number of Witnesses Required, to Expand Certain Record Retention Requirements, and to Make Conforming Amendments. The amendments proposed in Ordinance No. 2488 -2010, if adopted, will do the following: Update our present elections code to allow for additional work time for the Canvassing Board. Direct that pre -paid return envelopes be provided for City of Kenai absentee by- mail voters. Reduce the number of witnesses required related to by -mail absentee voting. Update the retention requirements of election documents to correspond with the City of Kenai Records Retention Schedule. Include more defined direction with regard to absentee voting by mail. These amendments, if adopted, will affect voting rights and because they win affect voting rights, will require the review of the Department of Justice /Attorney General. Upon adoption of the ordinance, a copy of the ordinance, along with required back -up documents will be promptly forwarded to the Attorney General for review. The Attorney General has 60 days to conduct its review and, if there is no additional information requested, will forward a non- objection letter back to this office. If the 60 days runs and no letter of non objection has been received, the failure of the Attorney General to make a written response constitutes preclearance of the submitted change. Upon receipt of the non objection. letter (or at the end of the 60 -day period and no letter is received) from the Attorney General, the ordinance will become effective and that date will be added to the ordinance. (Council will be notified of the receipt of the letter and the effective date.) If you have any questions, please contact me. -20- int Ci p' KENM, ALASKA CITY OF I{ENAI RESOLUTION NO. 2010-31 Suggested by: Administration A RESOLUTION OF THE CITY OF KENAI, ALASKA, REQUESTING THE KENAI PENINSULA BOROUGH TO ALLOCATE 52,000,000 OF ITS VOLUME CAP OF RECOVERY ZONE FACILITY BONDS TO THE CITY OF KENAI FOR THE ISSUANCE OF REVENUE BONDS TO FUND THE CONSTRUCTION OF A COMMERCIAL BUILDING IN THE CITY. WHEREAS, the American Recovery and Reinvestment Act of 2009 added 1400U -1 through 1400U -3 to the Internal Revenue Code authorizing state and local governments to issue up to $15 billion in Recovery Zone Facility Bonds "RZFB and, WHEREAS, the Internal Revenue Service has allocated RZFBs among the states and counties and large municipalities; and, WHEREAS, the Internal Revenue Service by Announcement 50 -2009 has allocated $7,315,000 of RZFB volume cap to the Kenai Peninsula Borough (the "Borough and, WHEREAS, the Internal Revenue Service has determined that counties and large municipalities to which RZFB volume cap has been allocated may allocate such volume cap to ultimate beneficiaries in any reasonable manner as they shall determine in good faith in their discretion; and, WHEREAS, the City of Kenai (the "City was declared an Economic Recovery Zone by Resolution No. 2010 -06 on February 3, 2010 in connection with issuance or Recovery Zone Economic Development Bonds for expansion of the Kenai Community Library; an d, WHEREAS, the City is requesting the Borough reallocate $2,000,000 of the Borough's RZFB volume cap to the City for the City's conduit revenue bond financing of a commercial building in the City (the `Project and, WHEREAS, it appears that the Project would qualify for financing with RZFBs, and allocation of $2,000,000 of the Borough's RZFB volume cap to the City for that purpose would be in the best interest of the City and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: SECTION 1. The City requests the Borough to allocate $2,000,000 of the Borough's RZFB volume cap to the City of Kenai for the City's conduit revenue bond financing of the Project. SECTION 2. The City Manager hereby is authorized, empowered and directed to do all acts and things and to execute all documents as may be necessary to carry out and comply with the provisions of this Resolution. -21- Resolution No. 2010 -31 Page 2 of 2 SECTION 3. This Resolution shall become effective upon adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of June 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: -22- PAT PORTER, MAYOR the "y KENAII ALASKA To: Rick Koch, City Manager "Viilaye with a Past, Ci y with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 ext 221 FAX: 907 283 -3014 From: Terry Eubank, Finance Director Date: May 26, 2010 Re: Recovery Zone Facility Bonds As part of the American Recovery and Reinvestment Act (ARRA) the Kenai Peninsula Borough has been allocated the right to issue up to $7,315,000 of Recovery Zone Facility Bonds. The entire State of Alaska was allocated 5135,000,000. The allocation areas were determined by the Internal Revenue Service. As a jurisdiction within the Kenai Peninsula Borough, the Borough can allocate all or a portion of its bond allocation to City. Recovery Zone Economic Facility Bonds allow private entities to borrow at tax exempt rates utilizing conduit debt programs through public entities. Tax exempt borrowing rates are expected to reduce the cost of capital by 1.5% to the private entity. The City has been approached by Pfeffer Development, LLC who has plans to purchase one of WalMart's out lots for construction of retail space. Pfeffer Development, LLC has requested $2,000,000 in conduit financing through the Recovery Zone Facility Bond Program. Issuance of conduit debt by the City will not obligate the City for repayment of the debt at any time. The City simply acts as the vehicle for a borrower to obtain financing at a reduced cost. Traditionally conduit financing has only been available to not- for profit entities but was expanded under the ARRA legislation to include private entities. Pfeffer Development, LLC has agreed to reimburse the City for all cost associated with the financing including die cost of the City's bond counsel. -23- Furnish Dispense at Contractor's Service Station Price per gallon to be deducted from the retail price on the day of purchase Price per gallon to be deducted from the retail price on the day of purchase Bidder Diesel Unleaded Holiday Companies $.06 $.07 Tesoro Northstore Company $.065 $.065 Alaska Oil Sales $0.10 $0.10 /&dy of KENAv SKA CITY OF KENAI RESOLUTION NO. 2010 -32 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT TO HARBOR ENTERPRISES, INC., D /B /A ALASKA OIL SALES, FOR FURNISHING AND DISPENSING OF DIESEL AND UNLEADED FUEL WHEREAS, the following bids were received on May 26, 2010: Suggested by: Administration ;and, WHEREAS, Alaska Oil Sales' bid for diesel and unleaded fuel is the lowest responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, the recommendation from the City Administration is to award a contract to Alaska Oil Sales for diesel and unleaded fuel for prices quoted in their bid; and, WHEREAS, the City's price per gallon for fuel will be the retail price per gallon on the day of purchase less $0.10 for diesel and $0.10 for unleaded; and, WHEREAS, the term of the contract will be from July 1, 2010 to June 30, 2011 and may be extended upon mutual agreement for up to four additional one -year periods; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract is awarded to Harbor Enterprises, Inc., d /b /a Alaska Oil Sales for furnishing and dispensing diesel and unleaded fuel at the contractor's service station for the retail price per gallon on the day of purchase less $0.10 for diesel and $0.10 for unleaded. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of June, 2010. -24- Resolution No. 2010 -32 Page 2 of 2 ATTEST: Carol L. Freas, City Clerk Approved by Finance: -25- PAT PORTER, MAYOR Furnish Dispense Fuel at Contractor's Service Station Price per gallon to be deducted from the retail price on the day of purchase Price per gallon to be deducted from the retail price on the day of purchase Bidder Diesel Unleaded Holiday Companies $.06 $.07 Tesoro Northstore Company 8.065 $.065 Alaska Oil Sales $.10 $.10 the 4# of KEN AI, ALASKA (TO: Rick Koch, City Manager FROM: Wayne Ogle, Public Works Director 0 5 DATE: May 27, 2010 Rick, Village with a Past Cc with a Future -26- 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 IIjII! MEMO NDUM SUBJECT: AWARD OF BID; FURNISH AND DISPENSE FUEL AT CONTRACTOR'S SERVICE STATION The following sealed bids were received at City Hall at 2PM on May 26. 2010 for the subject project: The purpose of this bid is for the furnishing and dispensing of fuel at the contractor's service station for City vehicles. Alaska Oil Sales is the lowest responsible bidder. The term of this contract will be from July 1, 2010 to June 30, 2010 and may be extended upon mutual agreement for up to four additional one -year periods. I recommend City Council approve Resolution No. 2010 -32 to award this contract to Alaska Oil Sales. 1992 ITEM A: CALL TO ORDER 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: RENAI CITY COUNCIL REGULAR MEETING MAY 19, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: wv w. ci. kenai. ak. u.s 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.) SCHEDULED PUBLIC COMMENTS (Public comments minutes per speaker) _27_ ited to 10 Brad Nyquist /D'Anna Gibson, Kenai Central High School Nordic Ski Team Beach Cleanup Presentation. 2. Carol Bannock, Executive Director, Kenai Chamber of Commerce Sponsorship of July 4 Event, 3. Rachael Craig, Kenai Senior Center Director Older American's Month Presentation ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public com ment lim ited 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.) 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. (Clerk's Note: At the May 5, 2010 meeting, Council postponed Ordinance No. 2479 -2010 to the May 19, 2010 Council Meeting. The motion to adopt is active.) a. Substitute 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 Confo wing Amendments. (Clerk's Note: At the May 5, 2010 meeting, Council postponed Ordinance No. 2480 -2010 to the May 19, 2010 Council Meeting. The motion to adopt is active.) 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. 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. 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.) a. Substitute Resolution No. 2009 -68 Supporting Actions Building and Maintaining a Sustainable community Within the City of Kenai, and Supporting Networking with Local Governments on the Kenai Peninsula. 6. Resolution No. 2010 -26 Urging the United States Department of Energy to Expeditiously Approve a Two -Year Extension of the Kenai Liquid Natural Gas (LNG) Export License. 7. Resolution No. 2010 -27 Awarding a Contract to Holden Company for the Project Entitled Kenai South Beach Dunes Protection 2010 for the total Amount of $62,028.00. 8. Resolution No. 2010 -28 Recognizing the Achievements of Governor Walter "Wally" J. Hickel, His Contributions to Alaska, and Expressing Sincere Condolences to His Family. -28- 9. Resolution No. 2010 -29 Authorizing the City Manager to Enter Into an Agreement to Lease and Operate Fuel Dispensing Equipment at the Kenai Municipal Dock with Jackson Enterprises, Inc. 10. Resolution No. 2010 -30 Authorizing the City Attorney to File Suits on Behalf of the City to Enforce the City's Codes Regarding Health and Safety, Nuisance, Garbage, Refuse and Debris, Junk and Abandoned Vehicles, and related Land Use Ordinances and to Collect Civil Penalties for Violation of Same. 11. *Liquor License Renewal Matson Winery, Inc., d /b /a Matson Winery Supply /Winery, License #4676 ITEM E: MINUTES 1. *Regular Meeting of May 5, 2010. 2. *May 8, 2010 Council Work Session Notes. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2484 -2010 Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2010 and Ending June 30, 2011. 4. *Ordinance No. 2485 -2010 Increasing Estimated Revenues and Appropriations by $591,268 in the Airport Land Sales Permanent Fund and Both Increasing and Decreasing Estimated Revenues in the Airport Fund for Funds Received from the Airport Land Sales Permanent Fund. 5. *Ordinance No. 2486 -2010 Increasing Estimated Revenues and Appropriations by $8,552.95 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures. 6. *Ordinance No. 2487 -2010 Increasing Estimated Revenues and Appropriations by S8,569.75 in the General Fund for State Traffic Grant Overtime Expenditures. 7. *Ordinance No. 2488 -2010 Amending KMC Chapter 6.05, Voting Qualifications and Procedures, to Change the Time for the Meeting of the Canvassing Board, to Amend the Process for Absentee Voting by Directing the Use of Pre -Paid Postage Return Envelopes and Reducing the Number of Witnesses Required, to Expand Certain Records Retention Requirements, and to Make Conforming Amendments. 8. Action Schedule Board of Adjustment Hearing. -29- 9. Discussion Town Hall Meeting Collaborative Leadership Training ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks Recreation Commission 6, Planning Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee 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 2. Attorney 3. City Clerk ITEM K: DISCUSSION 1. Citizens (Public comment limited to .5 minutes per speaker) 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. 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 -30- Robert Molloy Mike Boyle (arrived at 7:16 p.m.) Pat Porter, Mayor Hal Smalley, Vice Mayor Joe Moore Barry Eldridge Ryan Marquis ITEM A: CALL TO ORDER KENAI CITY COUNCIL REGULAR MEETING MAY 19, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: www. ci. kenai. ak. u s MAYOR PAT PORTER, PRESIDING MINUTES Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A -1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A -2. ADD TO: ADD TO: MOTION: ROLL CALL The City Clerk took roll. Present were: A quorum was present. Also present: Student Representative Hannah Coffman A -3. AGENDA APPROVAL The following changes were requested: ITEM D -la, Substitute Ordinance No. 2479 -2010 Councilors Molloy and Boyle memorandum identifying the differences between the original ordinance and substitute. ITEM D -2, Ordinance No. 2480 -2010 D. Bannock email transmission with comments related to Ordinance No. 2480 -2010. Council Member Smalley MOVED for approval of the agenda with the requested additions. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. -31- KENAI CITY COUNCIL MEETING MAY 19, 2010 PAGE 2 A -4. CONSENT AGENDA MOTION: Council Member Smalley MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no public comments. VOTE: There were no objections. SO ORDERED. Hannah Coffman was confirmed as the Council's Student Representative. ITEM B: SCHEDULED PUBLIC COMMENTS (Public cnmmerits limited to 10 minutes per speaker) B -1. Brad Nyquist /D'Anna Gibson, Kenai Central High School Nordic Ski Team Beach Cleanup Presentation. Mr. Nyquist, Ms. Gibson, and members of the Kenai Central High School Nordic Ski Team gave a brief presentation of the Teams beach cleanup efforts, along with other photos of Team competitions and fundraising. Mayor Porter noted the arrival of Council Member Mike Boyle at 7:16 p.m. 3-2. Carol Bannock, Executive Director, Kenai Chamber of Commerce Sponsorship of July 4 Event, Bannock requested the City of Kenai partner with the Chamber for the Fourth of July parade and events at the Patriotic level of $2,500. She noted, along with celebrating the Fourth, they would be celebrating the incorporation of the City. MOTION: Council Member Marquis MOVED to provide the Chamber with $2,500 to be a Patriotic sponsor for the Fourth of July celebration and directed Administration to find the money in the current budget. Council Member Eldridge SECONDED the motion. There were no public or council comments. VOTE: *Student Representative Coffman: Yes -32- Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Marquis Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Marquis Yes KENAI CITY COUNCIL MEETING MAY 19, 2010 PAGE 3 MOTION PASSED UNANIMOUSLY. B -3. Rachael Craig, Kenai Senior Center Director Older American's Month Presentation Craig presented a video in honor of Older American's Month which highlighted programs offered to seniors at the Kenai Senior Center. ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) None. ITEM D: D -1. D -la. MOTION: 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.) Ordinance No. 2479 -2010 Amending KlbIC Chapter 1.10, The Council, to Add a New Section Establishing Procedures for the Use of Council Chambers and the City Clerks Conference Room. (Clerk's Note: At the May 5, 2010 meeting, Council postponed Ordinance No. 2479 -2010 to the May 19, 2010 Council Meeting. The motion to adopt is tile) Substitute Ordinance No. 2479 -2010 Amending KMC Chapter 1.1D, The Council, to Add a New Section Establishing Procedures for the Use of Council Chambers and the City Clerks Conference Room. Council Member Boyle MOVED to substitute Ordinance No. 2479 -2010 with Ordinance No. 2479 -2010, the substitute. Council Member Molloy SECONDED the motion. VOTE ON MOTION TO SUBSTITUTE: *Student Representative Coffman: Yes -33- Mollo Yes Bo le Yes Porter Yes Smalley Yes Yes Moore Eldrid:e No Marquis KENAI CITY COUNCIL MEETING MAY 19, 2010 PAGE 4 MOTION PASSED UNANIMOUSLY. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Council comments included: Support for the ordinance and codification of what had been a policy and procedure used for many years. Having the item codified would allow easy access for the public and staff to review, as well as giving support to the City Clerk when addressing requests for use of the rooms. Did not feel codification of the policy was necessary. Codification of the informal policy would back the Clerk; a policy is a regulation and could be a simple statement in the Code and would make the information more transparent for the public; and, believed a statement regarding the use of the Chambers and the Clerk's Conference Room would give more authority if codified. A policy did not have teeth and saw the codification as a tool. Suggestion the ordinance be amended to state "shall be under direction of the City Clerk" instead of "supervision." MOTION TO AMEND: Council Member Molloy MOVED to amend Ordinance No. 2479 -2010, first sentence of 1.10.070, to read "Scheduling the use of the Council chambers and the Clerk /Council conference room in the City Clerk's office, shall be under the direction of the City Clerk." Council Member Marquis SECONDED the motion. There were no council comments. VOTE ON AMENDMENT: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. Council comments on the amended motion: Support of the amended motion. Penalty of violation information was requested with Attorney Stearns reviewing what was allowed by Code and noted there were always appeal rights. Belief the intent of the ordinance was vague and ambiguous and would not support. -34- Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge No Marquis Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes I Moore No Eldridge No Marquis Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore No Eldridge No Marquis Yes KENAI CITY COUNCIL MEETING MAY 19, 2010 PAGE 5 VOTE ON MAIN AMENDED MOTION: *Student Representative Coffman: No MOTION PASSED. MOTION TO AMEND: Council Member Molloy MOVED to amend the ordinance at 1.10.070 by deleting the second sentence and Council Member Marquis SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Coffman: No MOTION PASSED. VOTE ON MAIN AMENDED MOTION: *Student Representative Coffman: No MOTION PASSED. BREAK TAKEN: 8:00 P.M. BACK TO ORDER: 8:06 P.M. D -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. -35- Molloy 1 Yes Boyle Yes Porter Yes Smalley j Yes Moore Yes Eldridge Yes Marquis Yes KENAI CITY COUNCIL MEETING MAY 19, 2010 PAGE 6 The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Council comments included: Reference to D. Bannock email transmission submission with regard to 1.15.050(b)(11), Discussion and agreement the word "discussion" could be considered as a dialog between the public and council. MOTION TO AMEND: (Clerk's Note: At the May 5, 2010 meeting, Council postponed Ordinance No. 2480 -2010 to the May 19, 2010 Council Meeting. The motion to adopt is active.) Council Member Molloy MOVED to amend 1.15.050(b)(11) to be "Additional Public Comments." Council Member Smalley SECONDED the motion. Council comments included: Concern the ability for Council comments had been removed with the motion. WITHDRAWAL OF MOTION: Council Member Molloy withdrew his motion stating it was not his intent to circumvent the Council from making comments at the end of the meeting. Council Member Smalley, as the second, agreed with the withdrawal. MOTION TO AMEND: Council Member Molloy MOVED to amend 1.15.050(b)(11), Section 3, by replacing "Discussion: citizen discussion and Council Member discussion" with "Additional Public Comments: citizen comments and Council comments." Council Member Smalley SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. Discussion continued with a question related to Section 3, Paragraph (d), suspending the rules. It was noted, the language of suspending the rules with the approval of a -36- Molloy No Boyle Yes Porter No Smalley No Moore No Eldridge No Marquis Yes Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Marquis Yes KENAI CITY COUNCIL MEETING MAY 19, 2010 PAGE 7 motion with two- thirds vote of the Council members in attendance was a reflection of Robert's Rules of Order and would apply unless the City had its own rule to that regard. MOTION TO AMEND: Council Member Boyle MOVED to amend Section 3, 1.15.050(e) to read: The City Clerk shall maintain a list of tabled and pending items. These items shall he reviewed and acted upon at the next meeting following that which the certification of a. regular election of any Council Member takes place. Council Member Marquis SECONDED the motion. Comments included: Section 3, 1.15.050(e) was also a reflection of Robert's Rules which would apply unless the City had its own rule. Would prefer having the Council review each pending item individually. How long items remain pending depended on the body, i.e. at the end of the second legislative session, pending items are removed with no action, Assembly removed after certification of each election, etc. With each election, the membership of the Council could be different and if items remained as pending after an election, new members could be acting on items of which they had no part in developing, etc. When an ordinance /resolution is removed after the certification of an election, a new ordinance /resolution could be prepared for Council's consideration. Have deviated from Robert's Rules previously; would disagree with acting on pending items individually; and, would prefer items remain on the pending list. Pending items list is a reminder and believed it easier to leave an ordinance /resolution on the list than to return with a new ordinance /resolution. VOTE ON AMENDMENT: *Student Representative Coffman: No MOTION FAILED. VOTE ON MOTION AS AMENDED: *Student Representative Coffman: No -37- Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore I Yes Eldridge Yes Marquis Yes KENAI CITY COUNCIL MEETING MAY 19, 2010 PAGE 8 MOTION PASSED UNANIMOUSLY. D -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. MOTION: Council Member Marquis MOVED to adopt Ordinance No. 2482 -2010 and Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Comments included: The City Manager would bring forth an ordinance to allow appropriation of funds under $500 to be done administratively. VOTE: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. D -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. MOTION: Council Member Smalley MOVED to adopt Ordinance No. 2483 -2010 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, Comments included: The reimbursement process would take between 30 and 60 days. -38- Molly Yes Yes Boyle 1. Yes Moore 'Yes Porter Eldridge Yes Yes Smalley Marquis Yes KENAI CITY COUNCIL MEETING MAY 19, 2010 PAGE 9 The fire suppression equipment failed in the attic area of the Congregate Housing Facility because not all the water used to test the system had been drained; during the winter, the pipes froze and then burst; and, there was damage to all three floors in the building. The contractor's insurance company directed the City to move forward and hire out the repair work, VOTE: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. D -5. Resolution No. 2009 -68 Supporting the Alaska Coastal Communitie Global Climate Change Compact and Supporting the State of Alaska Energ}' Policy as Proposed by the Tri- Borough Commission. D.5a_ (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.) Substitute Resolution. No. 20n9 -6A Supporting Actio Building and Maintaining a Sustainable Community Within the City of Kenai, and Supporting Networking with Local. Governments on the Kenai Peninsula. MOTION TO SUBSTITUTE: Council Member Molloy MOVED to substitute Resolution No. 2009 -68 with Resolution No. 209 -68, the substitute, supporting actions building and maintaining a sustainable community within the City of Kenai, and supporting networking with local governments on the Kenai Peninsula. 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. Council comments included: Review of the memorandum in the packet, which included the history of the original resolution and changes included in the substitute resolution. Because of -39- Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge No Molloy Yes Yes Boyle Moore Yes No Porter Eldridge Yes No Smalley Marquis Yes KENAI CITY COUNCIL MEETING MAY 19, 2010 PAGE 10 the substantial changes to the resolution, intent was to postpone action on the resolution to the first meeting in July and to hold a second public hearing. Surprise the resolution came back and belief more time was needed to digest what was discussed and processed at the Town Hall Meeting before attending to the resolution. The substitute resolution still referred to the Compact which referred to "cap and trade." As long as reference was made to the Compact, would not support. Would like a new resolution including information discussed at the Town Hall Meeting. Would not support the substitute resolution and would prefer voting it down and develop a new resolution including results of the Town Hall Meeting. There was only mention of the Compact in a "whereas" paragraph as a reference to where the resolution began. The substitute resolution did not support the original resolution. The substitute resolution clearly stated the City would be taking a different position. If postponed to July, there would be a lot of time for developing amendments, etc. The substitute or original resolutions were not anti- business or anti -oil and gas. The substitute gave a history of how the substitute was developed and referenced the original resolution for that purpose and incorporated public comments from the January public hearing on the original resolution. A separate resolution could come from the discussions of the Town Hall Meeting. VOTE ON SUBSTITUTION: *Student Representative Coffman: No MOTION PASSED. MOTION TO POSTPONE: Council Member Molloy MOVED to postpone Resolution No. 2009 -68 to the first meeting in July, 2010 for an additional public hearing. Council Member Boyle SECONDED the motion. VOTE ON POSTPONEMENT: *Student Representative Coffman: Yes -40- KENAI CITY COUNCIL MEETING MAY 19, 2010 PAGE 1.1 Marquis MOTION PASSED. D -6. Resolution No. 2010 -26 Urging the United States Department of Energy to Expeditiously Approve a Two -Year Extension of the Kenai Liquid Natural Gas (LNG) Export License. MOTION: Council Member Eldridge MOVED for adoption of Resolution No. 2010 -26 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. VOTE: There were no objections. SO ORDERED. D -7. Resolution No. 2010 -27 Awarding a Contract to Holden Company for the Project Entitled Kenai South Beach Dunes Protection 2010 for the Total Amount of $62,028.00. MOTION: MOTION: Yes Council Member Eldridge MOVED for approval of Resolution No, 2010 -27 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. VOTE: There were no objections. SO ORDERED. D -8. Resolution No. 2010 -28 Recognizing the Achievements of Governor Walter "Wally" J. Hickel, His Contributions to Alaska, and Expressing Sincere Condolences to His Family Council Member Eldridge MOVED for approval of Resolution No. 2010 -28 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. -41- KENAI CITY COUNCIL MEETING MAY 19, 2010 PAGE 12 The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments, VOTE: There were no objections. SO ORDERED. D -9. Resolution No. 2010 -29 Authorizing the City Manager to Enter Into an Agreement to Lease and Operate Fuel Dispensing Equipment at the Kenai Municipal Dock with Jackson Enterprises, Inc. MOTION: Council Member Smalley MOVED for approval of Resolution No. 2010 -29. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. Council Member Boyle objected to the request for unanimous consent and explained his concern the City could be perceived as privatizing City services; asked what the legal ramifications would be for such a process; and, there was now a situation for competition and the City would be privatizing the process. City Manager Koch explained the City had been dispensing fuel for a significant time; there was no profit when factoring in the price of fuel and salaries of employees; and, the concessionaire would be responsible for installation of a dispensing pump. Boyle withdrew his objection to unanimous consent. A brief discussion continued with comments including: The fiscal revenue difference between the City dispensing fuel or a contractor was estimated to be $30,000 (the salary to service the dispensing of the fuel would not go away and with the value of the salaries). Before the City was competing with private businesses to dispense the fuel. The City would save some liability and risk from not pumping fuel, but in the end, it remained a City facility. Instead of a lease, the dispensing of fuel would be through a Concessionaire Agreement which defined the annual fees and who owned what. If Council was to give authority for the City Manager to sign agreements, the Council should see the agreements. VOTE: There were no objections. SO ORDERED. -42- Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Marquis Yes KENAI CITY COUNCIL MEETING MAY 19, 2010 PAGE 13 D -10. Resolution No. 2010 -30 Authorizing the City Attorney to File Suits on Behalf of the City to Enforce the City's Codes Regarding Health and Safety, Nuisance, Garbage, Refuse and Debris, Junk and Abandoned Vehicles, and related. Land Use Ordinances and to Collect Civil Penalties for Violation of Same. MOTION: Council Member Eldridge MOVED to approve Resolution No. 2010 -30 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. Council Member Molloy objected to unanimous consent and explained his concern with the and without seeking further City Council approval" in the "Now, Therefore" paragraph as he believed there should be parameters. Discussion followed with comments including: Agreement with Molloy's concern and the Council should be informed of any settlement. Negotiations may not allow time to report back to Council. Did not object to deleting that portion of the paragraph as the City Attorney should have the latitude without coming back to Council. Concern with the reference to "health and safety' in the same paragraph. Explanation that the City Attorney would not filing suits without bringing them to Council and proposed settlements, etc. would be discussed with Administration to be sure it was comfortable with proposals. MOTION TO AMEND: Council Member Molloy MOVED to amend Resolution No. 2010 -30 by deleting from the "Be it Resolved" clause, "and without seeking further City Council approval." Council Member Eldridge SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. -43- KENAI CITY COUNCIL MEETING MAY 19, 2010 PAGE 14 VOTE ON MAIN MOTION AS AMENDED: Council Member Smalley requested UNANIMOUS CONSENT. There were no objections, SO ORDERED. D -11. *Liquor License Renewal Matson Winery, Inc., d /b /a Matson Winery Supply /Winery, License #4676 Approved by consent agenda. ITEM E: MINUTES E -1. *Regular Meeting of May 5, 2010 Approved by consent agenda. E -2. agenda. *May 8, 2010 Council Work Session Notes Approved by consent ITEM F: UNFINISHED BUSINESS None. 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. There were no public or Council comments. VOTE: There were no objections. SO ORDERED. G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Smalley MOVED for approval of the purchase orders exceeding $15,000. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. There were no public or Council comments. VOTE: -44- KENAI CITY COUNCIL MEETING MAY 19, 2010 PAGE 15 There were no objections. SO ORDERED. G -3. *Ordinance No. 2484 -2010 Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2010 and Ending June 30, 2011. Introduced by approval of the consent agenda. G -4. *Ordinance No. 2485 -2010 Increasing Estimated Revenues and Appropriations by $591,268 in the Airport Land Sales Permanent Fund and Both Increasing and Decreasing Estimated Revenues in the Airport Fund for Funds Received from the Airport Land Sales Permanent Fund. Introduced by approval of the consent agenda. G -5. *Ordinance No. 2486 -2010 Increasing Estimated Revenues and Appropriations by $8,552.95 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures. Introduced by approval of the consent agenda. G -6. *Ordinance No. 2487 -2010 Increasing Estimated Revenues and Appropriations by $8,569.75 in the General Fund for State Traffic Grant Overtime Expenditures. Introduced by approval of the consent agenda. G -7. *Ordinance No. 2488 -2010 Amending KMC Chapter 6.05, Voting Qualifications and Procedures, to Change the Time for the Meeting of the Canvassing Board, to Amend the Process for Absentee Voting by Directing the Use of Pre -Paid Postage Return Envelopes and Reducing the Number of Witnesses Required, to Expand Certain Records Retention Requirements, and to Make Conforming Amendments. Introduced by approval of the consent agenda. G -8. Action Schedule Board of Adjustment Hearing. Council Member Molloy indicated he and his law firm represented the Kenai River Professional Guides Association; the appellant was President of the organization; the appellant consulted with his business as president of the organization; the compensation was less than the amount required to report on the City's Financial Statement; and, because of the fact the appellant was the president of the Guide Association, it could be perceived as an impropriety and (Molloy) requested to recuse himself from any discussions with regard to the issue. -45- KENAI CITY COUNCIL MEETING MAY 19, 2010 PAGE 16 Mayor Porter explained that based upon Molloy's statements that he and his law firm represented the Kenai River Professional Guides Association and the Appellant, David Goggia, was the President of the Association with whom Molloy's business regularly consults in that capacity, she determined Council Member Molloy should not sit as a member of the Board of Adjustment on the appeal of PZ10 -07 to the Board of Adjustment. The Board of Adjustment hearing was scheduled for June 15, 2010 in the Council Chambers, beginning at 6:00 p.m. G -9. Discussion Town Hall Meeting Collaborative Leadership Training. Koch reviewed the information included in the packet related to the attendance and programs of both the leadership training and the Town Hall meeting. A brief discussion took place related to appreciation of the programs, positive impressions, excellent participation and preparation by all the employees, suggestion to hold on a regular yearly basis, and suggestion a work session be held to review the information. Council was asked to bring suggestions of dates for holding a work session on the issue to the next council meeting. Prior to the work session, it was noted Administration would forward a document to all those who participated indicating what projects were being processed and /or steps already taken with regard to the suggested items gathered at the Town Hall Meeting. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging Council Member Boyle reviewed discussions held at the May 13, 2010 meeting. H -2. Airport Commission Council Member Moore reported the May 13, 2010 meeting had been cancelled. H -3. Harbor Commission Council Member Smalley viewed the May 10, 2010 meeting summary which was included in the packet. H -4. Library Commission Council Member Marquis reviewed the May 4, 2010 meeting summary which was included in the packet and noted, the next meeting was scheduled for June 1, 2010. H -5. Parks Recreation Commission Council Member Boyle reported a work session would be held on May 27, 2010 to gather comments and ideas for the park on Marathon Road. 11-6. Planning Zoning Commission Council Member Molloy reviewed the May 12, 2010 meeting minutes which were included in the packet. -46- KENAI CITY COUNCIL MEETING MAY 19, 2010 PAGE 17 H -7. Miscellaneous Commissions and Committees H -7a. Beautification Committee Mayor Porter reviewed the May 11, 2010 meeting summary which was included in the packet. H -7b. Alaska Municipal League Report Council Member Smalley reported on the Board meeting held May 7 -8, 2010, noting the following: Annual conference would be held November 15 -19 in Juneau. The summer meeting would be held in Kodiak, August 18 -20, 2010. There would be no dues increase this year. Other items discussed at the meeting were a legislative wrap -up; the gag law issue; and the policy statement would be streamlined to two pages. 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 May 20, 2010. H -7e. Reports of KPB Assembly, Legislators and Councils Assembly Member Smalley reported on Borough budget work sessions held and the May 18, 2010 Borough Assembly Meeting. ITEM I: REPORT OF THE MAYOR Mayor Porter noted the following: She attended the Kenai Central High School awards ceremony and presented Student Representative Johnson with a gift from the City. She presented thank you certificates to Molly Graves, Lee Ann Magiera, and Maya Johnson at the Kenai Chamber meeting. She attended the British Petroleum Teacher Awards dinner. She a nd Council Member Marquis met with members of the Kenai Historic Society to discuss some events for the 50th anniversary, noting the major event would be around the Fourth of July; and, she would be ordering some balloons, pins, etc. for the event from the Legislative budget. Suggested purchase of a smart board for the Council Chambers. The City Clerk and City Manager were requested to investigate costs, etc. She distributed evaluation forms for the Clerk and City Manager evaluations scheduled for the June 2, 2010 meeting Reminded all of the Soap Box Derby and the Little League Opening Ceremony that were scheduled for the weekend. ITEM J: ADMINISTRATION REPORTS J -1. City Manager City Manager Koch reported the following: Referred to the bird hazing dog reported included in the packet. Requested a work session be held at 5:30 on June 2, 2010 to discuss water treatment options. There were no objections. Requested Council make Administration aware of any budget items not already discussed that may come up with the public hearing of the budget ordinance. -47- KENAI CITY COUNCIL MEETING MAY 19, 2010 PAGE 18 Reported Senators Begich and Murkowski would be reading at the library on July 8 at 2:00 p.m. He planned to attend the Municipal Managers meeting in Kodiak PERS was recalculated and could be a cost of $600,000- 700,000 a year for the City if the State did not contribute. J -2. Attorney City Attorney Stearns reported the following. A report on the Alaska Bar Association Conference was included in the packet. She would be filing suits on two Planning Zoning issues in the near future. She would be out of the office the afternoon of May 26 to attend an event in Anchorage where jurists from Russia would be attending. She would be back in the office the afternoon of May 27. She would be on vacation beginning May 28. Suggested removing Resolution No. 2010 -15 (related to HB 266) from Pending Litigation because the bill died with the ending of the second session of the Legislature. There were no objections from Council. Stearns was thanked for her coordination and assistance in developing Ordinance No. 2480 -2010. J -3. City Clerk City Clerk Freas reported the following: Reminder of the Budget work session scheduled for Monday, May 24, 2010 at 6:00 p.m. A packet would be prepared and available Friday afternoon, She and Deputy Clerk Hall had hosted a kindergarten class from Aurora Borealis Charter School who visited to talk about elections. A ballot was prepared to determine a favorite fruit. Students presented the City w ith a birthday c recognizing the City's 50th anniversary of its incorporation. ITEM K: DISCUSSION K -1. Citizens (Public comment limited to 5 mi per speaker) Mark Schrag, 312 Princess Lane, Kenai Thanked the City for holding the Town Hall meeting and work session and hoped the process would be continued. Carol Bannock, 1908 Aliak Street, Kenai Congratulated Student Representative Coffman and thanked Council for partnering with the Chamber for the Fourth of July celebration. K -2. Council Boyle No comments. Molloy Welcomed Student Representative Coffman. -48- KENAI CITY COUNCIL MEETING MAY 19, 2010 PAGE 19 Marquis Referred to a recent letter to the editor appearing in the newspaper in which it had been implied the facilitators of the Town Hall Meeting presented ideas to the City when in reality, the ideas gathered at the meeting were from the public, not the facilitators. Asked who placed the wind energy article in the Council Members' mailboxes. Mayor Porter noted the article had been given to her and she was asked to distribute it to the Council. Welcomed Coffman. Coffman Gave an update of activities at school, including finals were completed, last day of school would be on Friday, and the soccer, softball, and track programs would complete their seasons over the weekend. Eldridge The EDD would hold a retreat and annual meeting on Friday, May 21, 2010. Welcomed Coffman. Questioned if a groundbreaking for O'Reilly's had been scheduled. Answer was no, Moore Welcomed Coffman. Congratulated Council and Administration on coordination and development of Ordinance No. 2480 -2010. Challenged Council to get back on track serving the citizens and added, he thought Council should be working on the list from the Town Hall meeting. Smalley Welcomed Coffman. During the summer AML meeting in Kodiak, a to of the wind turbine project in Kodiak would be available. EXECUTIVE SESSION None Scheduled ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) 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 -49- KENAI CITY COUNCIL MEETING MAY 19, 2010 PAGE 20 There being no further business to come before the Council, the meeting was adjourned at approximately 10:40 p.m. Minutes submitted by: Carol L. Freas, City Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes 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. -50- PACKET ITEMS INCLUDED: a. 5/19/2010 T. Eubank Memorandum /Proposed Changes to FY2011 Draft Budget b. 4/19/2010 Budget Work Session Notes c. 4/20/2010 Budget Work Session Notes d. "Analysis of Council Work Session. Directions /Discussions for FY 2011 General Fund Budget" prepared by R. Koch at request of Council. e. 5/21/2010 C. Freas Memorandum /Memorandum with requested additional information related to request to upgrade the Deputy Clerk position to a Range 9F (currently a Range 7) and be a full -time Deputy Clerk position in the Office of the City Clerk. f. Kenai Peninsula Food Bank Distribution Information (Submitted by Council Member Smalley). g. BUDGET WORK SESSION MAY 24, 2010 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 3/30/2010 Kenai Senior Center Members /Petition Related to Benefits to Credit Card Use at Senior Center. -51- BUDGET WORK SESSION MAY 24, 2010 6:00 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR PAT PORTER, PRESIDING NOTES Council present: P. Porter, R. Molloy, R. Marquis, J. Moore, M. Boyle Council absent: H. Smalley, B. Eldridge Staff present: C. Freas, r. Koch, T. Eubank, K. Stearns The work session was called to order at approximately 6:00 p.m. Revenues: Discussion took place related to increases in the General Fund and why the 5600,000 increase from the 2010 projection did not show as $800,000 in the FY11 budget. Finance Director Eubank distributed and reviewed a document entitled, "FY11 Sales Tax Revenue Estimate." Discussion indicated the net impact of Walmart opening was based on what was lost when Kmart closed. The revenue projection of Walmart was $800,000; $200,000 of it was included in the 2011 projections; and, $800,000 was a net figure. Questions of Council to Koch: Daubenspeck money why was it used instead of General Fund monies? It was all the same, i.e. the Daubenspeck funds are contained in the General Fund and the use is restricted relative to the donation agreement. If the IT position is cut, it would free up $40,000 and not $101,000 because $60,000 would be needed for the IT contractor costs. Cutting the F450 truck and attachments mechanics say the frame is bent (though any truck would have a bent frame due to what it is being used for) and should be replaced and not replacing would have a negative effect on snow removal. Cutting large playground fixture would free $10,000 for other items. Adding sidewalks in Leif Hansen Park would provide additional spaces for sales of plaques, plantings, etc. Clerk Freas noted, there were only 11 spaces left for sale in the park. A request was made to include a donation to the Kenai Peninsula Food Bank of $7,500 (later corrected to $5,000). Suggestion to add money to the Comprehensive Plan Update or have a separate amount of money for a development plan for Old Town the Plan should drive the goals related to development of Old Town and $100,000 was available for the update of the Plan Could the Animal Control Seasonal. Employee be paid from airport funding there was a misconception that seasonal employee would be the handler for the bird hazing dog. It was two separate items. The seasonal employee would assist in summer workload. -52- BUDGET WORK SESSION MAY 24, 2010 PAGE 2 Could the State be asked for reimbursement to cover the $7,500 cost of the beach clean-up the City continues to request reimbursement for costs from State. Ryan's Creek Fence Would be behind Safeway and was needed; the snow removal (pushing onto City property) was discussed with the property owner who stated his agreement with the contractor was the snow was to be hauled away; $11,000 should be in the budget to provide for a new barrier. 520,000 for a wind turbine engineering study A "best spot" for placement of a turbine could be decided upon after the study is completed. Administration supported a wind project, but after the study is developed. Removal of $1,000 toward Oiler Park water /sewer the amount the City puts toward the Oiler's water and sewer was a part of the agreement with them. Clerk Freas noted, one of the two $1,500 amounts included in the Legislative budget related to the virtual tour could be removed. Reference was made to the paragraph «6 of the Clerk's memorandum which was included in the packet. Koch stated information included in the paragraph was not accurate, i.e. the dip net fishery did not last the entire month of July, money taken in from the fishery was counted only on Mondays. Other comments included: There was credibility of both positions. Two full -time positions in the Clerk Department was needed. Not enough time in four hours a day to train well due to the varied responsibilities of the Department. Reference was made to a document distributed by Porter identifying role of a Clerk by Title 29 of the Alaska Statutes. Suggestion some of the responsibilities now held by the Clerk Department could be transferred to other departments. Suggestion the draft Deputy Clerk Job Description should be rewritten and identify specific duties. If some duties are divided, it would leave the Clerk with plenty of time and the full -time position would not be needed. Council should be more responsible by signing its employee's leave slips and time sheets. Suggestion Memorial Park sales, website maintenance, could be transferred to other departments. Discussion continued with comments including: A rewrite of the Deputy Clerk job description and identifying specific job duties was needed. The half -time position in the Finance Department should be clearly defined. The Deputy Clerk position would be hired by the City Clerk. A job description should be developed by the City Attorney and City Clerk with the City Manager review, but approved by the Council. -53- BUDGET WORK SESSION MAY 24, 2010 PAGE 3 A list of duties that could be divided to other departments should be developed by the City Clerk and City Manager. The Cleric, as the City record keeper, would be working very closely with the IT person (if the position is approved) and that the position would be more specific to the Clerk. Concern the budget was being held hostage by whether the Fire Department personnel would be paid for with grant funds or not. There was approximately $70,000 available if the truck was not replaced (it was noted earlier any truck would have a bent frame in using it as it, is used). Reference was made to the handout related to benefits to the Senior Center through use of the Kenai Peninsula Food Bank. It was noted, amendments to the budget ordinance could be made from the floor to consider adjustments to the FY11 proposed budget. It was explained, the $400 limit to single charges to the credit card was because the fee to accept is based on the percentage of the transaction. The work session ended at approximately 7:43 p.m. Notes prepared by: Carol L. Freas, City Clerk -54- z 0 0 U z 0 U 0 W W Z o o h O O 0 w 0 CC Z F O wj F- E z J W U E z n< 0 0 F z 3 0 U z 0 W 0 Z 1- z 0 f ca CO 03 0 O 0 0 0 K E K E ct U) W 0. co w d N to ui N- ui P. C¢ to o co to M o R ra r 0 z -55- 0 O w w 3 0 0 a. R Q J U 0 U W z 0 0 o 0 ai w O ii O w z cG O w w N u 7 O CL. 0 0 0 0 0 0 0 0 0 Z 7) 0 2 0 Z 0 0 J T W H y r H 0 LL' 0< LL cc 00 0 LL 00 CO 0 It w 0 It 0 w U, r z 0 z 0 ik a: a z co W w 0 w Q 0 cc 0 0 U Z µI Z -56- the of KENAIAALASKA Villaye with a Past, Cc with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 t>� Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 1992 MEMO IS DUM TO: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: May 27, 2010 SUBJECT: PO in Excess of $15,000 Rick, This PO awards the development of bid documents 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. These documents are necessary so the project can be competitively bid as required by the insurance company. These funds were budgeted in Ordinance 2483 -2010. -57- Klauder Company Architects, Inc. 606 Petersen Way. Kenai, AK., 99611 (907) 283 -1919 Fax 283 -0450 Vintage Point, Architectural Documents for Water Damage Repair Project Scope of Work and Fee Proposal Project 1018 Date 5 -12 -2010 Kevin Lyon City of Kenai 210 Fidalgo Street Kenai, AK 99611 RE: Vintage Point, Architectural Documents for Water Damage Repair Attention Kevin Lyon, Klauder Company is pleased to submit the following proposal for the Vintage Point, Architectural Documents for Water Damage Repair Project. After carefully reviewing all the information gathered to date, talking with Randy Nelson of Blazy Construction to review his report and visiting the site, I have compiled a Scope of Work and Fee Proposal for this project as follows. Scope of Work Klauder Company Architects shall provide coordination with the City of Kenai Project Manager, Kevin Lyon, Director of the Senior Center, Rachael Craig, and Building Maintenance Contractor Bill Sadler. We understand that the proposed scope of work involves demolition and replacement of finish flooring, wood and rubber base, sheet rock, electric light fixture(s), cabinets and countertops as needed in Crawl Space, three (3) Hallway locations and eight (8) Apartments. The architectural drawings shall include floor plans, interior elevations and reflected ceiling plans of all flooded areas as needed to define the extents of work. Concealed spaces that have not been inspected may increase the overall extent of the work and will need to be addressed once they are uncovered in a timely manner. Fee Proposal Architectural Coordination by Klauder Company TOTAL PROPOSED FEE $15,000 Should you choose to accept this proposal, a 20% retainer fee in the amount of $3,000 shall be required. klauder @alaska,net -58- Vintage Point, Architectural Documents for Water Damage Repair Exclusions and Clarifications: This Fee Proposal specifically excludes the following services and expenses: No Engineering Disciplines are included in this proposal. It is our understanding that all engineering disciplines shall be coordinated and performed by others. No Cost Estimating service is included in this proposal. All Permit and Plan Review Fees are excluded from this proposal and shall be paid by others. No book type Specifications are included in this proposal. Fire Sprinkler Protection System is not included in this proposal. Fire Alarm System is not included in this proposal. No Construction Administration Services are included in this proposal. We can provide these services on an as- needed hourly basis or as a separate lump sum fee proposal for CA services if desired. No As -Built documentation is included in this proposal. This contract is for Limited Architectural Services only. All architectural design, drafting and coordination beyond the Scope of Work described shall be provided on an hourly rate basis. Additional sub consultant services shall be billed at cost plus 10% to cover coordination and handling expense for Prime Consultant. We shall provide 11 x 17 review sets as needed and three (3) sets of 11 x 17 For Construction documents. All additional sets and any and all 22 x 34 sets shall be billed separately as a Reimbursable Charge for Time and Expense incurred. Expen89s f copies, "in_hniuse" review sett, telephone hills, and shipping are included in the fee. If you have any questions, please do not hesitate to contact me. I appreciate this opportunity to be of service. Sincerely, Klauder Company Architects Peter Klauder President, Principal Architect Page 2 of 3 -59- Vintage Point, Architectural Documents for Water Damage Repair Agreement: Your signature below represents the understanding between you and Klauder Company Architects with respect to Klauder Company Architects providing architectural services to you. If you agree with the terms and conditions, please indicate so by signing in the space provided below and returning this document to Klauder Company Architects, Accepted By: Date: Signature Print name of signature above Page 3 of 3 -60- lhr. ti(y of HENG \vj SKA Sponsored by: Administration and Building Official CITY OF KENAI ORDINANCE NO. 2489 -2010 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC CHAPTER 4.15.015, LOCAL AMENDMENTS TO THE 2006 UNIFORM PLUMBING CODE, TO DELETE THE LOCAL REQUIREMENT THAT UNDERGROUND WATER SERVICE PIPE LESS THAN TWO INCHES IN DIAMETER MUST BE IN COPPER. WHEREAS, the City has adopted the Uniform Plumbing Code, 2006 Edition, of the International Association of Plumbing and Mechanical Officials, including the appendices; and, WHEREAS, as part of the process of adopting the 2006 Uniform Plumbing Code, the City made certain additions, deletions, and amendments to better suit the needs of the City and the unique building and construction circumstances present in a subarctic building and maintenance environment; and, WHEREAS, upon further review, the City's Building Official recommends that the local requirement imposed by the City to requiring that underground water service piping of less than two inches be copper is not a necessary standard in Kenai and that retention of that local amendment could unnecessarily increase building costs in the City while providing no discernable benefit or protection of the public better than the standards already included in the 2006 Uniform Plumbing Code as drafted. 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 4.25.015 of the Kenai Municipal Code: The Kenai Municipal Code, Section 4.25.015, Local amendments to the 2006 Uniform Plumbing Code, is hereby amended as follows: 4.25.015 Local amendments to the 2006 Uniform Plumbing Code. 413.1 Fixture Count. Revise by deleting "Table 4 -1" and inserting 2006 Inte Chapter 29 and Table 2902.1. 508.5 Relief Valve Discharge. Delete Section 508.5. 603.4.8 Water Cooled Compressors, Degreasers. New Text Underlined' [DELETED TEXT BRACKETED] -61- anon Building Code, Ordinance No. 2489 -2010 Page 2 of 2 Amend section by adding a second paragraph to read as follows: Installation, operation or use of air conditioning or cooling units employing water or other fluid as a cooling agent without a recovery and recirculation unit is prohibited. [604.0 MATERIALS. ADD THE FOLLOWING TO SECTION 604.1: "UNDERGROUND WATER SERVICE PIPING LESS THAN 2" IN SIZE MUST BE COPPER." 604.2 Materials Copper Tube. Delete the words "or underground outside of structures" in the Exception. 608.7 Vacuum relief valves. Add the following after "elevation "more than one story." 701.1.2 Sanitary drainage. Delete the words "Chapter 15, Firestop Protection" and replace with the words "the building code as adopted by KMC." 704.3 Fixture connections (drainage). Delete the second and third sentences. 801.3 Bar and Fountain Sink Traps. Delete the words "5 feet" from the last sentence and substitute the words "15 feet." 811.9 Chemical Wastes Dental Vacuum Systems. Add a new section as follows: 811.9 Vacuum dental systems may be installed with Schedule 40 PVC pipe and fittings, above and below grade. Piping and fittings installed in plenums or penetrating fire rated assemblies shall have a flame spread index of not more than 25 and a smoke developed rating of not more than 50 when tested in accordance with the test for Surface Burning Characteristics of Building Materials, or to be protected by an approved fire and smoke rated material. 903.1.2 Vents; materials. Delete reference to "Chapter 15 Firestop Protection" and replace with "the Building Code as adopted by KMC." New Text Underlined; [DELETED TEXT BRACKETEDI -62- Ordinance No. 2489 -2010 Page 2 of 2 TABLE 10 -1 Horizontal Distance of Trap Arms. Add and after Horizontal Distance of Trap Arms and add the following below Table 10 -1. Trap arms for residential floor drains may be extended beyond the Iimits of Table 10 -1 to where they pass under the nearest wall before installing the required vent. A maximum of two (2) unvented floor drains may be installed in residential garages. Each drain shall have a two -inch (2 minimum trap and trap arm and two -inch (2 floor drain. The tail piece need not be vented. Both traps must tie into the main building drain separately. 1007.0 Trap Seal Protection. Amend section by adding the following exception: Exception: R -3 occupancies (one- and two- family dwelling units). 1101.5 Subsoil Drains. Amend Section 1101.5.1 by adding to the beginning of the paragraph: When required by the administrative authority... 1101.9 Filling Stations and Motor Vehicle Washing Establishments. Amend Section 1 by adding to the beginning of the paragraph: When required by the administrative authority... 1101.11.1 Primary Roof Drainage. Delete the first sentence and replace with the following, to read as follows: Roof areas of a building shall be drained by roof drains, gutters, scuppers, or sheet flow off the edge of the roof. CHAPTER 12 Fuel Piping. Chapter 12 has not been adopted. Refer to the International Fuel Gas Code. The sizing methods in Section 1217 shall be considered acceptable methods of sizing gas piping. 1316.0 Materials Medical Gas Systems. Amend Section 1316.4 by adding a second paragraph as follows: Vacuum dental systems may be installed with Schedule 40 PVC pipe and fittings, above and below grade. Piping and fittings installed in plenums or penetrating fire rated assemblies shall have a flame spread index of not more New Text Underlined; [DELETED TEXT BRACKETED] -63- Ordinance No. 2489 -2010 Page 2 of 2 than 25 and a smoke developed rating of not more than 50 when tested in accordance with the test for Surface Burning Characteristics of Building Materials, or to be protected by an approved fire and smoke rated material. Section 3. Severability: 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 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of June, 2010. ATTEST: Carol L. Freas, City Clerk New Text Underlined [DELETED TEXT BRACKETED -64- PAT PORTER, MAYOR Introduced: June 2, 2010 Adopted: June16, 2010 Effective: July 16, 2010 KENAI, ALA NV MEMO: TO: City Council FROM: Rick Koch DATE: May 27, 2010 SUBJECT: Ordinance 2489 -2010 The purpose of this correspondence is to request your approval of the above referenced Ordinance. The effect of your approval will be to delete a local amendment to the Uniform Plumbing Code which requires all water service piping under 2" in size to be copper. There are a number of alternative materials that are allowed under the Uniform Plumbing Code, HDPE (high density polyethylene) piping is one that is commonly used. Thank you for your attention in this matter. Village with a Past, a w a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 7794 I II Telephone: 907 -283 -7535 FAX: 907 283 -3014 III 1992 -65- tte KENAI. ALASKA U AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY 54,255 IN THE AIRPORT FUND FOR A DONATION RECEIVED FROM THE KENAI WATERSHED FORUM FOR THE CITY'S SUMMER BIRD HAZING PROGRAM AT THE KENAI AIRPORT. WHEREAS, the City has received a donation from the Kenai Watershed Forum in the amount of $4,255 for expenditures of the City related to its summer bird hazing program; and, WHEREAS, the 2009 Caring for the Kenai Program winner developed a bird hazing program utilizing a trained dog to discourage birds from landing at the airport; and, WHEREAS, the City plans to implement the winner's plan this summer utilizing a dog leased from a kennel specializing in this type of training and has received support from the Kenai Watershed Forum for the project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Airport Fund Airport Airfield Increase Estimated Revenues: Miscellaneous Donations Increase Appropriations: Rentals $4,255 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of June, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: CITY OF KENAI ORDINANCE NO. 2490 -2010 -66- Suggested by: Administration PAT PORTER, MAYOR New Text Underlined (DELETED TEXT BRACKETED! 4,255 Introduced: June 2, 2010 Adopted: June 16, 2010 Effective: June 16, 2010 Memo n r C' To: Rick R. Koch City Manager From: Mary Bondurant Airport Manager Date: May 26, 2010 Subject: Airport Bird Control Dog Project "Se.+ vCn4' the/Grectt r Kenai/ PenbAsuua7 305 N.WILLOWST. SUITE 200 KENAI, ALASKA 99611 TELEPHONE 9072837951 FAX 907- 2833737 This memo is notification that the City has received a check from the Kenai Watershed Forum in the amount of $4,255. This is the total amount Ms. Olivia Pfeiffer has received through her fundraising efforts. The funds will be applied to the above mentioned project at the Kenai Airport. The airport bird control dog will arrive in Kenai on Monday, June 7`" with training to start on Tuesday, June 8`". Please contact me if you have any questions or need any additional information. www.ci.kenai.ak.us. -67- he fl' K NAL ALASKA CITY OF KENAI ORDINANCE NO. 2491 -2010 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,500,000 IN THE LIBRARY IMPROVEMENTS CAPITAL PROJECT FUND. WHEREAS, SB230 granted the City $1,500,000 for the expansion of the Kenai Community Library; and, WHEREAS, SB230 was signed. by Governor Parnell on and will become effective July 1, 2010; and, WHEREAS, receipt of the grant will facilitate the repayment of City General Fund, Fund Balance in the amount of $1,103,605 previously appropriated to the project; and, WHEREAS, Ordinance 2492 -2010 reduces the amount previously appropriated utilizing a transfer from the City's General Fund by $1,103,605; and, WHEREAS, the remaining $396,395 will allow for replacement of the aging roof on the existing library building and construction of a new circulation desk for the expanded facility; and, WHEREAS, the new project budget for the Library Expansion project will be $5,711,911. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Library Improvements Capital Project Fund Increase Estimated Revenues: State Grants $1,500,000 Increase Appropriations: Construction $1,500,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of June, 2010. ATTEST: Carol L. Freas, City Clerk -68- PAT PORTER, MAYOR Introduced: June 2, 2010 Approved by Finance' 7L °y Adopted: June 16, 2010 Effective: June 16, 2010 the tiff e( KENAI, ALASKA u AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REDUCING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,500,000 IN THE GENERAL FUND AND LIBRARY IMPROVEMENTS CAPITAL PROJECT FUND. WHEREAS, SB230 granted the City $1,500,000 for the expansion of the Kenai Community Library; and, WHEREAS, SB230 was signed by Governor Parnell on and will become effective July 1, 2010; and, WHEREAS, receipt of the grant will allow for the reduction of $1,103,605 in transfers previously appropriated from the General Fund in fiscal year 2010 for the construction project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Library Improvements Capital Project Fund Decrease Estimated Revenues: Transfer from General Fund $1,103,605 Decrease Appropriations: Construction General Fund Decrease Estimated Revenues: Appropriation of Fund Balance CITY OF KENAI ORDINANCE NO. 2492.2010 Decrease Appropriations: Transfer to Library Construction Capital Project Fund PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of June, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: New Text Underlinrth: DELETED TEXT BRACKETED] -69- Suggested by: Administration PAT PORTER, MAYOR $1,103,605 $1,103,605 $1,103,605 Introduced: June 2, 2010 Adopted: June 16, 2010 Effective: June 16, 2010 Far KENAI, ALASKA MEMO: "Village with a Past, Cc 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -75351 FAX: 907 283 -3014 -70- with a Future" TO: City Council FROM: Rick Koch DATE: May 27, 2010 SUBJECT: Ordinance 2491 -2010 Ordinance 2492 -2010 The purpose of this correspondence is to recommend approval of the above referenced ordinances. The effect of your approvals is to appropriate a State Grant in the amount of $1,500,000 to the Kenai Community Library Improvements Capital Fund and to re- appropriate $1,103,605 from the Kenai Community Library Expansion Project to the General Fund. If Ordinances 2491 -2010 and 2492 -2010 are approved the effect to the Kenai Community Library Improvements Project Budget and to the Projected FY2010 General Fund Budget are as follows: Library The Library Expansion Budget would simultaneously be increased by $1,500,000 and reduced by $1,103,605. This results in a net increase of $396,395 which will provide additional funding for the complete replacement of the roof on the existing Library and the construction of a new circulation desk. General Fund The latest year -end projection for FY 2010 General Fund financial performance did not include a re- appropriation (re- payment) to the General Fund. As a result of appropriations during FY2010 to the Library project, the projected General Fund performance is a deficit of $1,050,304. The re- appropriation of $1,103,605 to the General fund will result in a projected year -end surplus of $53,301. ricir 1992 Governor Parnell will have signed SB 230, the State Capital Budget, prior to the scheduled public hearing (June 16 for these two ordinances. In the event the Governor vetoes the $1,500,000 appropriation for the Kenai Community Library Expansion Project, Administration will request the Ordinances be pulled or voted down. -71- hers of KENAI. ALASKA CITY OF KENAI ORDINANCE NO. 2493 -2010 Suggested by: Council Member Boyle AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 13.40.040 TO PROVIDE FORA SPEED LIMIT OF FIFTEEN (15) MILES PER HOUR WHILE DRIVING MOTORIZED VEHICLES ON A PORTION OF THE NORTH SHORE PUBLIC BEACH WITHIN THE CITY OF KENAI AND MAKING TECHNICAL CORRECTIONS. WHEREAS, the City of Kenai is the owner of significant areas of public beach within its city limits, including the North Shore public beach; and, WHEREAS, use of the North Shore public beach area is increasing and is a mixed use area; including walking, picnicking, horseback riding, dip netting, and motorized vehicle use; and, WHEREAS, use of motorized vehicles travelling in excess of fifteen (15) miles per hour on the North Shore public beach can conflict with mixed use of the beach; and, WHEREAS, use of motorized vehicles travelling in excess of fifteen (15) miles per hour can endanger other public beach users; and, WHEREAS, it is in the best interest of the citizens of the City of Kenai to enact a speed limit of fifteen (15) miles per hour for motorized vehicles on the most used portion of the North Shore public beach within the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Kenai Municipal Code 13.40.040 is hereby amended as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Section 13.40.040 of the Kenai Municipal Code: The Kenai Municipal Code, Section 13.40.040, Speed limits, is hereby amended as shown on Attachment A to this ordinance and as follows: 13.40.040 Speed limits. The speed limit shall be ten (10) [MPH] miles per hour while [RIDING] driving in a right -of -way of a residential or business area, a parking lot, as authorized in 13.40.020(c), or in close proximity of another person(s). The speed limit shall be fifteen (15) miles per hour while driving on public beaches as shown on Appendix IV of this chapter. Section 3. Severability: 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) -72- Ordinance No. 2493 -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 KMC 1.15.070(1), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of June, 2010. ATTEST: Carol L. Freas, City Clerk New Text Underlined; [DELETED TEXT BRACKETED] -73- PAT PORTER, MAYOR Introduced: June 2, 2010 Adopted: June 16, 2010 Effective: July 16, 2010 C 13,40 0 0 15 MILE PER HOUR SPEED ON A A T6N, R11W, Section 3 ward Meridian Alaska 5N, R11W, Sections 1 award Meridian Alaska No Motorized Vehicles Appendix IV Atta" t4 ent as Ordinance No. 2493 -2010 then of RENAL AL SKA TO: FROM: DATE: Clf Attachments Mayor and Council Members Carol L. Freas May 19, 2010 "Village with a Past, City with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 Fax: (907) 283 -3014 www.ci.kenai.ak.us MEMORANDUM RE: KENAI PENINSULA BOROUGH PLANNING COMNIISSION APPOINTMENT In response to Mayor Carey's May 17, 2010 letter, and at the request of Mayor Porter, I contacted Phil Bryson and asked him if he was willing to continue to he the City of Kenai s representative to the Borough Planning Commission. Mr. Bryson said he would like to continue on the Commission. Attached is a draft letter addressed to Mayor Carey indicating the City's recommendation to have Mr. Bryson reappointed. Does Council wish to recommend Phil Bryson be reappointed to the Kenai Peninsula Borough Planning Commission? -75- May 17, 2010 Dear Mayor Porter, The Honorable Mayor Patricia Porter 210 Fidalgo Avenue, Suite 200 Kenai, AK 99611 KENAI PENINSULA BOROUGH 144 North Binkley Street Soldotna, Alaska 99669 7520 Toll -free within the Borough: 1 B00 478 4441 PHONE: (907) 262 -4441 FAX: (907) 262 -1892 www.borough.kenai.ak. us RECEIVED MAY 192010 k ENAI CITY CLERK DAVID It CAREY BOROUGH MAYOR Mr. Philip Bryson has represented the City of Kenai on the Kenai Peninsula Borough Planning Commission for the past three years. Mr. Bryson's term expires on July 31, 2010. In accordance with AS 29.40.020, appointments to the Kenai Peninsula Borough Planning Commission are made by the Borough Mayor. Commission members from a home rule city shall be selected by the Borough Mayor form a list of recommendation made by the City Council. I would appreciate a list of recommended candidates, which may include Mr. Bryson, to fill the vacancy for this post. Candidates must be qualified voters of the Kenai Peninsula Borough who reside within the City of Kenai. It would be most helpful if I could receive your council approved suggestions by June 18` 2010. Assembly confirmations of appointments to the Kenai Peninsula Borough Planning Commission is tentatively scheduled for July 6 2010. Thank you for your time and attention with this request. I look forward to receiving your list of candidates for this service. Sincerely, David R. Carey Mayor cc: Planning Commission Chair KPB Planning Department Kenai City Clerk —via fax -76- June 3, 2010 Mayor David R. Carey Kenai Peninsula Borough 144 North Binklev Street Soldotna, AK 99669 RE: CITY OF KENAI REPRESE PLANNING COMMISSION P At its regular meeting o 2010 letter in which which a selection the Kenai Peninsu Because of hi accompl Counc requ We look meeting o Pat Porter Mayor clf cc: Philip W. Bryson s of servic extensive knowledge expertise, d, and unquestionable integrity, the Kenai City candidates include only Philip W. Bryson and of Kenai s representative to the Commission. bly's confirmation of Mr. Bryson's appointment at its -77- enai Cite ouncil reviewed your May 17, ubmit a "list of candidates" from the City of Kenai representative to on. Sunday Tuesday Wednesday Thurstlay Friday Saturday 1 Library Commission Meeting, 7p, Council Chambers 2 CITY COUNCIL MEETING, 7P, COUNCIL CHAMBERS 3 4 5 Harbor Commission Meeting,7p, Council Chambers cc 9 PLANNING ZONING COMMISSION MEETING, 7P, COUNCIL CHAMBERS 10 Airport Commission Meeting, 7p, Council Chambers Council on Aging Meeting, 7p, Senior Center 11 'taza/ 12 13 14 115 16 CITY COUNCIL MEETING, 7P, COUNCIL CHAMBERS 17 18 19 20 21 22 23 PLANNING ZONING COMMISSION MEETING, TP, COUNCIL CHAMBERS 24 25 26 27 28 29 30 Ma)/ 2 IQ 19 T F S Jul 010 S M 7 y✓ T F S 6 1 1 M 1 3 1 4 1 3 16 I'7 `78 19 20 11 s2 23 2a 2S 26 27 28 X29 iC 3i' l ,1 3 7 8 9 10:... 7 7 1 4 1 5 1 6 115 16 17 l8 19.20 21 22 23 2i�. 25 26 ,"%7 28 29 3119 E.I June 2010 COUNCIL /COMMISSION MEETING CALENDAR -78- Sunday Monday Tuesday ad day F 1 Perks Recreation Commission Meeting, 7p, Council Chambers Jun 2010 S M "I W T I' S Avg 2010 S M T W T P S 2 3 4 S G 7 8 4 10 I i. 12 13 14 15 16 17 18 19 20 2122 23 24 25 26 27 28 29 10 1 2 3 4 5 6 7 8 9 10 12 13 14 11 15 I6 17 18 19 20 21 22 23 24 25 262728 29 30 31 4 5 HOLIDAY City Offices Closed 6 Library Commission Meeting, 7p, Council Chambers 7 CITY COUNCIL MEETING, 7P, COUNCIL CHAMBERS 8 Airport Commission Meeting, 7p, Council Chambers Council on Aging Meeting, 7p, Senior Canter 9 10 11 12 Harbor Commission Meeting, 7p, Council Chambers 13 Beautification Committee Meeting, 7p, Council Chambers 14 PLANNING ZONING COMMISSION MEETING, 7P, COUNCIL CHAMBERS 1 5 Advisory Cemetery Committee NO MEETING SCHEDULED. 16 17 18 19 20 21 CITY COUNCIL MEETING, 7P, COUNCIL CHAMBERS 22 23 24 26 27 28 PLANNING ZONING COMMISSION MEETING, 7P, COUNCIL CHAMBERS 29 30 31 July 20 COUNCIL /COMMISSION MEETING CALENDAR -79- August 2010 COUNCIL /COMMISSION MEETING CALENDAR -80- q iNt TI*bday 3 Library Commission Meeting, 7p, Council Chambers Wednesdays 4 CITY COUNCIL MEETING, 7P, COUNCIL CHAMBERS Thorseiay 5 Friday 6 Saturday 7 8 9 Harbor Commission Meeting, 7p, Council Chambers ,62 fy lleoe 10 11 PLANNING ZONING COMMISSION MEETING, 7P, COUNCIL CHAMBERS 7 /44 96rv/te f!' {iei 12 Airport Commission Meeting, 7p, Council Chambers Council on Aging, 7p, Senior Center 13 14 I 15 16 17 18 CITY COUNCIL MEETING, 77, COUNCIL CHAMBERS 19 Cemetery Committee NO MEETING SCHEDULED. 20 21 1 22 I 23 24 25 PLANNING ZONING r COMMISSION /�'Rr4 MEETING, 7N C ET NG, O C e__�LL COUNCIL 6p/I CHAMBERS 26 27 ia.r 28 29 30 31 Ju32 S M 2 R"'. 7 p Sep2010 5 131 T W T r 1 2 3. 4 5 6 7 '8 9 90- II 12 13 14 IS '16 17' 15 10 20 21 22 23 24 25 26 27 28.'29 30 31 t 2 3.4 5 6, 8 9 10 il 72 I9 14 15 16 17 1 l4 20 21 22 23 24 '25: 26 27 26 29 30 August 2010 COUNCIL /COMMISSION MEETING CALENDAR -80- Sunday Monday Tuesday Wednesday Thursday Friday 1 2 3 Aug 2010 0642010 S M 'C W T F S S M T W l' F' S CITY COUNCIL MEETING, 7P, 1 2 3 4 5 5 7 2 COUNCIL 8 9 10 11 12 13 14 3 4 5 6 7 8 9 CHAMBERS 15 Ib 17 I8 19 20 21 10 11 H 13 14 15 16 22 23 24 25 26 27 28 17 18 19 20 21 22 23 29 30 3t 24 25 26 27 28 29 30 31 6 7 8 9 10 1 HOLIDAYICITY Library PLANNING Airport OFFICES Commission ZONING Commission CLOSED Meeting, 7p, Council Chambers COMMISSION MEETING, 7P, COUNCIL Meeting, 7p, Council Chambers CHAMBERS Councli on Aging Meeting, 7p, Senior Center 12 X13 14 15 16 17 18 Harbor Beautification CITY COUNCIL Advisory Commission Committee MEETING, 7P, Cemetery Meeting, 7p, Meeting, 7p, COUNCIL Committee- Council Council CHAMBERS NO MEETING y Chambers Chambers SCHEDULED. 19 20 21 22 23 24 25 PLANNING ZONING COMMISSION MEETING, 7P, COUNCIL CHAMBERS frnv, +Mien/ ,gl On M 26 27 28 29 30 September 201 COUNCIL /COMMISSION MEETING CALENDAR -81- Sunday Monday T esday Wednesday Thursday Friday 1 I (N, Sep2010 S M T W T V S Nov 2010 S k1 T W T F S. I_ 3 4 5 6 1 8 9 10 n 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 2 3 4 5 6 7 8 9 10 II i2 13 14 li I6 17 18 19 20 21 22 23 24 25 26 27 28 29 20 let— 3 4 5 Library Commission Meeting, 7p, Council Chambers ekiWorn fancm —H 6 CITY COUNCIL MEETING, 7P, COUNCIL CHAMBERS 7 Parks Recreation Commission Meeting, 7p, Council Chambers 8 9 10 11 Harbor Commission Meeting, 7p, Council Chambers 12 13 PLANNING ZONING COMMISSION MEETING, 7P, COUNCIL CHAMBERS 14 Airport Commieslon co C Council on Aging Meeting, 4:30P, Senior Center 15 16 r 17 18 h �tl 19 20 CITY COUNCIL SS C HAMBE CHAMBERS COUNCIL RS o 21 Advisory Cometerj NO MEETING I G• SCHEDULED 23 24 25 26 27 PLANNING ZONING COMMISSION MEETING, 7P, COUNCIL CHAMBERS 28 29 30 Sea 31 October 2010 COUNCIL /COMMISSION MEETING CALENDAR -82- Sunday Monday Tuesday Wednesday 0. 1 2 ELECTION DAY 3 CITY COUNCIL MEETING, 7P, COUNCIL CHAMBERS 4 Library Commission Meeting, 7p, Council Chambers 9 t Harbor Commission Meeting, 7p, Council Chambers 10 PLANNING ZONING COMMISSION MEETING, 7P, COUNCIL CHAMBERS 11 HOLIDAYICITY OFFICES CLOSED 12 13 14 15 I6 17 CITY COUNCIL MEETING, 7P, COUNCIL CHAMBERS 18 Aa "^niniitla^ m curs� weweeniw� swmuwn Coma f.AVM Mw(ng,'' -p, se.. Canter 19 20 21 22 23 24 PLANNING ZONING COMMISSION MEETING, 7P, COUNCIL CHAMBERS 25 HOLIDAY /CRY OFFICES CLOSED 26 HOLIDAY /CITY OFFICES CLOSED 27 28 29 30 Oa 2( S M T W T F S Dec2010 S M T W': S 12 3 4 5 6 7 8 9 70 11 1 2 73 14 I5 1G 17 18 19 7U.2L 22 23. 24 25 26 27 28 29 311 31 12 3 4 5 6 7 8 9 10 111 12 13 14 15 16 17 181 19 20 21 22 23 24 25 26 27 28 29 30 31 November COUNCIL /COMMISSION MEE7ING CALENDAR -83- Sunday Monday Tuesday Wednesday Thu day F I CITY COUNCIL MEETING, 7P, COUNCIL CHAMBERS 2 S No, 2010 S M T W 'I' P Inn 2011 S M T W T P S 1 2 3 4 5 6 7 R 9 ID II L 19 14 IS IS 17 IS 19 20 21 222 :3 24 25 26 27 I 2 0. 5„ 7 g 9 10 II 12 13 14 f5 16 17 IS 19 20 21 22 23 24 25 26 27 26 29 0 3. tr) 6 Harbor Commission Meeting, 7p, Council Chambers 7 8 PLANNING ZONING COMMISSION MEETING, 7P, COUNCIL CHAMBERS 9 Airport commission Meeting. 7P. Council chambers Counts on Aging Meeting, 4:30p, Senior Center 10 fi lielY 1 I2 13 14 15 PLANNING ZONING COMMISSION, 7P, COUNCIL CHAMBERS 16 Cemetery Committee NO MEETING SCHEDULED. 17 18 19 20 21 22 PLANNING ZONING COMMISSION MEETING, 7P, COUNCIL CHAMBERS 23 24 HOLIDAY/CITY OFFICES CLOSED 25 O G.ep U'� 26 27 28 29 30 31 December 201 COUNCIL /COMMISSION MEETING CALENDAR -84- COUNCIL ON AGING MAY 13, 2010 KENAI SENIOR CENTER 7:00 P.M. ITEM 7: REPORTS a. Council on Aging Chair b. Director c. Council Liaison ITEM 8: QUESTIONS COMMENTS -85- PENDING APPROVAL AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY March 11, 2010 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion 2010 Goals ITEM 6: NEW BUSINESS a. Discussion Fees for Services ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Kenai City Council Action Agendas of April 21 and May 5, 2010, ITEM 11: ADJOURNMENT MEETING SUMMARY ITEM 1: CALL TO ORDER ROLL CALL Chair Fullinck called the meeting to order at approximately 7:00 pm. Roll was confirmed as follows: Members present: J. Horner, L. Flowers, E. Jones, V. Geller, L. Nelson, R. Fullinck Members absent: R. Jurgensen, B. Osborn, M. Milewski Staff /Council Liaison present: Director R Craig, Council Member M. Boyle ITEM 2: AGENDA APPROVAL. MOTION: COUNCIL ON AGING MAY 13, 2010 KENAI SENIOR CENTER 7:00 P.M. CHAIR RON FULLINCK, PRESIDING Member Jones MOVED to approve the agenda with the addition of watching the DVD from Director Craig under Persons Scheduled to Be Heard, and Member Geller SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: MOTION: ITEM 5: OLD BUSINESS 5 -a. Discussion 2010 Goals APPROVAL OF MEETING SUMMARY March 11, 2010 Member Hollier MOVED to approve the meeting summary of March 11, 2010 and Member Geller SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD Director Craig played a DVD emphasizing the meal program, made for the "March for Meals" fundraiser, noting she sent a copy to the National Meals on Wheels Association. General discussion occurred and the following ideas were listed: Painting, drawing, music and quilting classes. General upgrades (i.e. bathrooms, wallpaper, painting) throughout the Senior Center. Garage for Senior Center. Heated sidewalks. More storage room. -86- Expand senior housing. Nurse for manicures and pedicures, Outdoor covered area. Better bingo prizes. Greenhouse. Computer classes. Someone to do taxes. Walkways with seating areas. Better advertising. Garage or carport for Vintage Pointe, Member Flowers requested the list come back to the next meeting (June 10, 2010) for review and finalization. ITEM 6: NEW BUSINESS 6 -a. Discussion Fees for Services General discussion occurred and it was requested the item be discussed again at the June 10, 2010 meeting. ITEM 7: REPORTS 7 -a. Council on Aging Chair None 7 -b. Director None 7 -c. Council Liaison Council Member Boyle reviewed the action agendas from the April 21 and May 5, 2010 council meetings which were included in the packet. ITEM 8: QUESTIONS COMMENTS None ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD None ITEM 10: INFORMATION 10 -a. Kenai City Council Action Agendas of April 21 and May 5, 2010. ITEM 11: MOTION: ADJOURNMENT Member Jones MOVED to adjourn and Member Nelson SECONDED the motion. There were no objections. SO ORDERED. -87- COUNCIL ON AGING MEETING MAY 13, 2010 PAGE 2 There being no further business before the Committee, the meeting was adjourned at approximately 8:55 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk -88- COUNCIL ON AGING MEETING MAY 13, 2010 PAGE 3 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences 2. *APPROVAL OF MLNUTES: a. *May [2, 2010 5. PUBLIC BEARINGS: 6. UNFINISHED BUSINESS: S. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough maiming c. Administration CITY OF KENAI PLANNING ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS May 26, 2010 7:00 p.m. 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. Zoning Bulletin (4/1010 4/25/10) 12. COMMISSION COMMENTS QUESTIONS: 13. ADJOURNMENT: -89- PENDING APPROVAL *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. 4. CONSIDERATION OF PLATS: a. PZ'10 -14 Redoubt Terrace Subdivision Stockdale Replat (A resubdivision. of Lots 15 and 16, Block. 6, Redoubt Terrace Subdivision Addition No.). Plat submitted by Segesser Surveys, 30485 Rosland Street, Soldotna, Alaska. 7. NEW BUSLNESS: a. Lease Application Kenai Nikiski Pipe Line LLC (KNPL) Portion of Tract A, Kenai Spur Airport Lease Property Discussion /Recommendation CITY OF KENAI PLANNING ZONING COMMISSION MAY 26, 2010 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING MINUTES 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: K. Koester, S. Romain, R. Wells, J. Twait, P. Bryson, K. Rogers, G. Brookman Staff /Council Liaison present: Assistant City Planner N. Carver, Council Member R. Molloy, Deputy City Clerk C. Hall A quorum was present. 1 -b. Agenda Approval MOTION: Commissioner Romain MOVED to approve the agenda as presented and Commissioner Brookman SECONDED the motion. There were no objections. SO ORDERED. 1 -c. Consent Agenda MOTION: Commissioner Wells MOVED to approve the consent agenda and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. 1 -d. *Excused Absences *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. Approved by consent agenda. ITEM 2: *APPROVAL OF MINUTES May 12, 2010 -90- Koester YES Romain YES Wells YES Twait YES Bryson YES Rogers YES Brookman YES Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT None ITEM 4: CONSIDERATION OF PLATS 4 -a. PEIO -I4 Redoubt Terrace Subdivision Stockdale Replat (A resubdivision of Lots 15 and 16, Block 6, Redoubt Terrace Subdivision Addition No.). Plat submitted by Segesser Surveys, 30485 Rosland Street, Soldotna, Alaska. MOTION: Commissioner Romain MOVED to approve PZ10 -14 and Commissioner Wells SECONDED the motion. Acting City Planner Carver reviewed the staff report included in the packet which recommended approval of the plat with no contingencies. Twait read the rules of public hearing and opened the meeting to public comment. There being no one wishing to be heard, the public hearing was closed. There were no Commissioner comments. VOTE: MOTION PASSED UNANIMOUSLY. ITEM 3 ITEM 6: ITEM 7: 7 a. Carver reviewed the memorandum included in the packet. MOTION: PUBLIC HEARINGS None UNFINISHED BUSINESS None NEW BUSINESS Discussion /Recommendation Lease Application Kenai Nikiski Pipe Line LLC (KNPL) Portion of Tract A, Kenai Spur Airport Lease Property. Commissioner Wells MOVED to recommend approval of the lease and Commission Rogers SECONDED the motion. PLANNING AND ZONING COMMISSION MEETING MAY 26, 2010 PAGE 2 -91- Koester 1 YES Romain YES Wells YES Twait YES Bryson YES Rogers YES Brookman j YES I Commissioner comments included: Timing was critical for this lease. The lease was for a portion of the property, not the whole. The lease replaced a Special Use Permit previously held. The Special Use Permit had expired and the code had changed. The lease was a housekeeping measure to bring the property into compliance. VOTE: MOTION PASSED UNANIMOUSLY. ITEM 8: ITEM 9: REPORTS 9 -a. City Council Council Member Molloy noted the following: He reviewed the May 19, 2010 City Council meeting action agenda which was included in the packet. He reviewed the budget work session of May 24, 2010, noting the ordinance to approve the FY2011 budget would be up for public hearing at the June 2, 2010 City Council meeting. A work session on water treatment methodology would be held at 5:30 p.m. on June 2, 2010 before the council meeting. An appeal of the Commission's decision on the Conditional Use Permit filed by David Goggia was submitted. Deputy City Clerk Hail noted the appeal by David Loggia had been witileurawn earlie in the day. PENDING ITEMS None 9 -b. Borough Planning Commissioner Bryson reviewed the agenda items of the May 24, 2010 Borough Planning Commission meeting, noting the City of Homer's Comprehensive Plan had been submitted for acceptance and approval. 9 -c. Administration Carver thanked Council Member Molloy for information on the lease process and noted there would be a Parks Recreation Commission Work Session on May 27, 2010 to discuss plans for the park on Marathon Road. ITEM 10: PERSONS PRESENT NOT SCHEDULED None ITEM 11: INFORMATION ITEMS 11 -a. Zoning Bulletin (4/10/ 10 4/25/ 10) PLANNING AND ZONING COMMISSION MEETING MAY 26, 2010 PAGE 3 -92- ITEM 12: ITEM 13: MOTION: Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk COMMISSION COMMENTS QUESTIONS None ADJOURNMENT Commissioner Romain MOVED to adjourn and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 7:17 p.m. PLANNING AND ZONING COMMISSION MEETING MAY 26, 2010 PAGE 4 -93- MINI -GRANT STEERING COMMITTEE MEETING MAY 21, 2010 4:00 P.M. CLERK /COUNCIL CONFERENCE ROOM KENAI CITY HALL -94- PENDING APPROVAL AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: MEETING SUMMARY January 29, 2010 ITEM 4: OLD BUSINESS ITEM 5: NEW BUSINESS a. Review of Applications Donna Niebauer /Sprucewood Beautification ITEM 6: ANNOUNCEMENTS ITEM 7: ADJOURNMENT A quorum was present. ITEM 2: MOTION: MINI -GRANT STEERING COMMITTEE MEETING MAY 21, 2010 4:00 P.M. CLERK /COUNCIL CONFERENCE ROOM KENAI CITY HALL CHAIR PAT PORTER, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER ROLL CALL Chair Porter called the meeting to order at approximately 4 :05 p.m. Roll was confirmed as follows: Members present: P. Porter, C. Bannock, P. Carty Members absent: T. Wisniewski, J. Beeson Liaison present: Council Member J. Moore AGENDA APPROVAL Member Carty MOVED for approval of the agenda as presented and Member Bannock SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: MEETING SUMMARY January 29, 2010 MOTION: Member Carty MOVED for approval of the January 29, 2010 meeting summary as presented and Member Bannock SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: OLD BUSINESS None. ITEM 5: NEW BUSINESS 5 -a. Review of Applications Donna Niebauer /Sprucewood Beautification The membership reviewed the application which was included in the packet. Comments were positive. MOTION: Member Carty MOVED to approve the Sprucewood Beautification project, to be completed by August 15 and receipts be from local Kenai businesses. Member Bannock SECONDED the motion. There were no objections. SO ORDERED. -95- ITEM 6: ITEM 7: MOTION: Meeting Summary prepared by: Carol L. Freas, City Clerk ANNOUNCEMENTS None. ADJOURNMENT Member Bannock MOVED to adjourn and Member Carty SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Committee, the meeting was adjourned at approximately 4:15 p.m. MINI -GRANT STEERING COMMITTEE MEETING MAY 21, 2010 PAGE 2 -96- REPORT OF CITY MANAGER Q7 1 Rapid City, SD 2) Pocatello ID 3 Page. AZ Lewiston, in 5 Kanab. UT 6' Bend, OR 7 Mountain Home, AR 8 Saratoga, WY 91 Rawlins, W 10; Pierre, SD 11 Bismantk, ND 12, Rochester MN 13 Marquette, MI 1 Marais* MN 15 Cody, WY 16, Heber Springs. AR 17 Lander, WY 18 Sheridan, WY 19 Sioux Falls, SD 20 Cooper Landing, AK 21, Granby, CO 22: Devils Lake, ND 23 Bemidji, MN 24 3 Clendive, MT 25 Roseau, MN 26 Kodiak, AK 27 Ashland. WI 28 Sandpoint II) 29 Idaho Falls ID 30. Williston, ND 31 Phillips, WI 32, Kenai, AK 33 Colorado Springs, CO 34 Glasgow, MT 35 Boonville, MO Carbondale, CO 37 Easton. MD 38, Helena, MT 39' Richfield, UT 40 MOMMS '0, CO (tie) 40 Butte. MT (tie) Visit outdoorlife.comj best towns to see all scares and data. Did we )'Savo out your favorite town? Let US R11019 It an online comment and well consider it for next year's list. 12: Chantherlain, SD 43. Trinidad.. CO Sopu ijat, WI 48 in bank m AK 46 Prairie du Chitin WI .17 Rug t. AR 48 Rifle, CO 49 Klamath Falls, OR Belie 1.hurt ho. (ID 51 Veinal. UT Eitt 'Muldoon NM Wei 52 Logan 01' (tie) Hebor, 01 Lugime, Oh So Cedin Bozeman, IT (tie) '37 Hoses lake, WA (ie) G9 Settee& SC 60 EntaPiotown, MT M(4' G21 John Day. OR (,8 Mautlin. OR 54; Slmvi I ova 65; Misboulh. Mt b6 con collinriC0 Rhanelandoi. 08 (X a".. CO 69 Coeur "olD 0 13915181.1.1 77 kige, (tie) .todford OR Liviil tjtltnt'M'F 22' Harbor. AK 7:1 Fayette. ID (tic) 78 Casper, WY tile) 80 igkin. TX 81 Pteseott, AZ Hood Rive:, OR tie) 823 Erie, PA (tie) 84 Tiverineen. Co 85 Wallinop, WA 80 Flagstaff, AZ Mel Sc, Cumberland ME (tie) as,: Ogallala. NE 891 Penske:v.MI VO Chaim°. ID 91 Grand Junction, CO Tillamoolt.OR 93 Pall 01131:011. OH 94 Gillette, WY 951 Sal atoga Springs. NY 1 46 Nobrdslta City. NE 97' Canuien, Ml. if Red Wmg MN 99 Salmon, ID 300 Dillon, MT 101 OR 102 Miloen City. MT I03 Lcbanoa. MO 104 51,3101111:192 I 03 Clear tale:L1A 10, Port Angeles, WA 107: Newport, l'i IOS Uvalcat. TX 10 vsrefibift, 110 Alexandria MN I 11 Durango, CO 1 en'iliay WI 32 tamestewl). ND 11 Hayden CO 115 1 rca ,t <'Isle HF' t It. New Bern. NC f Del Rio TX 1 I to Los 11.11111195. NM I r Kookuk IA '13 Ia tILl h .11 121 Diigy.4, ID 122. Kb Me, MO 12.t Rettnuith ID 'Kea] 'tit, NE WO '24, Cthadestown. P. (tie( Ii hvad,)/ 88 121 Manistee. Ml 1"8' Behind AR L 130 ',uti. 11 SD 18 I Noliebrat. NH 182 Naples Mt 118 931De ma City. FL 184 Di ire ND Ms: Co ivi (tie) Reserve, pi' (tie) 137 Redding, LA 138 Osivegit, NY 139 Kingman, AZ 410 (Jana nu' Lake. NY 141 Toccoa. OA 42 SD 142 Marlin:10th Latins, CA 144 1(e CI LA Hi I Grand Island. NE 148 Susanville. CA 1411 Circa Bend. KS (tie) 147 Huntsville, TX (tie) 149 Pativag outaMs 150 INIU111171 Falls, TN 151 Ashtabula. OH 152 At I con IS 153 Gonnison, GO 1 1, a t' OR Abe] decal, SD tto Poteau, OK 157( Rona, h10 141 Wilmington NC (tie) 189 Stevens Point, WI Viritsborg. MS 'Mei in Baker City, OR (tie) 162 hurl ington, hi- a shaom WA led IiimetnNid City NC 1 (i5 Kingsville TX lii een Rwej, W Paducah, KY Greetwiliv MS 169! Weed, CA it/011'8,mb' irt, CA 171 Cleveland TN 17? Gen bi KY 171 Madintm, IN (lie) 1'43 I, Spurn IAllis] Peale, MD (tie) 178 Scolishinfi„ NE (Int) 177 Itliscanaba,Ml t Sin till ffidici NO 17911'18o, HI ISO Yrelta. CA 181 Ralon NM (tie) 183 MIM:AID. KY 84 Elk City, OR. 185 Stuttgart. All (ia) 185 1 Houma, LA. (tie) 187 ()edge City KS 188 'Vast:Gaon:h. AL 18 Enid 01(1 190 Marshall. MN 191 Dalton, GA 302, Jamestown, Ni ;98. Cornwall, NY 184 Truckee, CA 105 Junction Div KS (tie) 195 Grants Pass, OR (tie) 1 Price, UT 0 198 Knoxville TN 1991 Lake Worth, FL 2001 Waynesboro. VA 74 It OUTDOOR LIFE -98- Remote Possi a THESE 10 TOWNS HAVE POPULATION DENSITIES OF fewer than 300 people per square mile. Cooper Landing, AK Situated along the Sterling id Highway and on the banks of the Kenai River, inside a trian- gle created by the cities of Anchorage (two and a half hours a to the north), Seward (two hours east and south) and Kenai o (an hour and a half to the west), ill Cooper Landing is in a world of its own. With a I population ofjust g 349 people and a population den o sity of 6 people per square mile, there's plenty of room to roam for the denizens of The Landing. .'S figantee n S ,Av mss MINN Best Towns or Ki THESE SEVEN TOWNS EARNED a score of 9 or 10 (10 being highest) from great schools.org, which evaluates towns' public schools based on their performance on standardized tests. 2' Los Alamos, NM As the location of the Los Alamos National Lab, the town of Los Alamos is home to some of the country's most brilliant minds —and their equally brilliant offspring. Los Alamos is located smack in the middle of the Santa Fe National Forest l Cumberland, MEJust 15 minutes from the city of Portland, Cumberland 6 Cooper Landing )%R 20 10 Old Harbor, AK 77 45 Butte, MT �a 119 Presque Isle M 218 Charlestown Kenai AK 2701 Kanab, 288 Poteau, OK 15t 290; Cumberland, ME I 86 299 i Mammoth Lakes, CA 143 nil Shores, AL o, i'T1 Kingsville, TX Lake Worth, FL Naples, FL Page, AZ Panama City, FL. Prescott, AZ Uvalde, TX Wilmington, NC -99- is a picturesque coastal New England town of just over 7,500 people. Casco Bay's saltwater fishing and Sebago Lake's legendary salmon, bass and trout fisheries are at the town's doorstep. 10 Los Alamos, NM. 1 t 8 10 Evergreen, CO II 10 Cumberland, ME 86 9 Kenai, AX: 33- 9 Cat2',`: 97 9 Rill 9 157 9 1 Co 1` NY 193 SAY GOOD -BYE TO THE DAILY GRIND IN ONE OF THESE 10 towns, all of which boast great weather year- round. e Prescott, AZ Tucked away in the Bradshaw Mountains of central Arizona, Prescott is a city of about 45,000 people (with a median age of 47.8), large enough to offer all the necessary amenities, yet not so large that it lacks a sense of community. It enjoys a mild, four season climate, but withoutthe intense heatof southern Arizona or the immense snowfalls seen at higher elevations. Several lakes and ponds in and around th= town offer bass, trout, panfish and catfish. The Prescott and Tonto national forests, which sur- round Prescott, fea- ture elk, mule deer, Coues whitetails and quail. /JULY ZOSO 69 Bozeman, MT Carbondale, CO Coops Landing, AK Eugene, OR Grants Pass, OR Haney, ITt' Kenai, AK Knoxville," N Manistee, Mt Marquette MI 3 2 198 127 13 Maupm, OR 63 Mountain Home. AR 7 Oswcgb Pocatello, ID Port Angeles, WA Redding, CA Salmon, ID Tillamook, OR 1 9 2 Truckee, CA 194 Winthrop, WA 85 Top Trout Towns IF ITS SALMONIDS THAT GET YOUR juices flowing, check out these towns. They offer the best opportunities for trout, salmon and steelhead. l' Bozelm&an> MT The Big Hole, The Bighorn. The Gallatin. The Missouri. The Yellowstone. The Madison. The Stillwater. The Springs Creeks. The list of legendary trout waters available to Bozeman anglers is staggering. Trout THESE TOWNS ARE WELL KNOWN for their upland bird or waterfowl hunt ing—or both. 6 Jatttestoverxty ND While South Dakota deservedly gets much of the col- lective attention of pheasant hunters every fall, its sister state to the north doesn't receive nearly the respect it deserves. And given its location in the middle of the Prairie Pothole Region, Jamestown not only hosts tremendous upland hunting, but is a hot spot for waterfowlers as well. fishing here is a year -round endeav- or, and these are technical rivers and streams with educated fish. Serious trout anglers only need apply, Kztoxviile, TN When folks dis- cuss the perfect towns for trout bums, talk usually turns to sleepy little Rocky Mountain hamlets that sit at the con- fluence of two or three blue ribbon streams. But east of the Mississippi, that conversation needs to include Knoxville. Home to the University of Tennessee, Knoxville is not quaint, but it's within a short drive of more than 1,000 miles of fishable trout waters in the Smoky Mountains and eastern Tennessee. Aberdeen, SD 155 Ashtabula, OH 151 Bismarck, ND 11 Elk City, OK r 184 Grand Island, NE 1 45 Grand Marais, MN 14 Jamestown, ND 113 Mitchell, SD 142 Moses Lake, WA 57 Naples, FL 132 Pierre. SD 10 Rochester, MN 12 Scottsbluff, NE 175 Stuttgart, AR 185 Tillamook, OR 92 For eBir Stuttgart, No town in the U.S. is as synonymous with duck hunting at Stuttgart. Its flooded timber and rice fields have long been magnets for Mississippi Flyway mallards, earning it the title The Rice and Duck Capital of the World." Stuttgart is also home to Mack's Prairie Wings, the legendary sporting -goods store and waterfowl emporium, and the Stuttgart Chamber of Commerce lists more than 40 waterfowl- related businesses (guides, outfitters, etc.) as members. 70 It OUTDOOR LIFE -100- THE TOWNS ON THIS LIST FEATURE high median household incomes and a low cost of living. Essentially, your hard -earned money will go furthest in these locations. VRochester,MN With a medi- an household income of more than $66,000 and a cost of living index rating of 78.6, according to city data.coni (the U.S. average is 100), Rochesterians are able to spend lots of disposable income on a number of excellent hunting and fishing opportunities. Local outdoorsmen enjoy tre- mendous Canada goose hunt- ing in the crop fields outside of town. (In fact, goose hunting is so much a part of the local tradition, Rochester's minor league baseball team is named the Honkers.) The Driftless Area, to the east —a swath of land characterized by its deeply carved river valleys— boasts great g trout fishing and deer, turkey and grouse hunting. PP'Greerr River, WY Tucked away in the southwestern corner of Wyoming, Green River enjoys a robust median household income of more than $73,000 and a cost of liv- ing index rating of 83.6, well under the national average. The Green River, which flows through town, marries breathtaking scenery and some of the West's best trout fishing. 1 0 1 IF SALTY AIR. SANDY BEACHES AND killer saltwater fishing are what you seek, give these 15 towns a look. Jamestown, RI No matter where you live in Rhode Island, you're never far from the water, and that's espe- cially true in Jamestown, which is situated on Conanicut Island in Narragansett Bay. The summer and fall striped -bass migrations get top billing from local anglers, but all of the northern Atlantic's fishing is eas- ily accessible. And if you don't own a boat, there is no shortage of charters available for hire. Cllainl?c ruin. SI3 <f3' 3 Piei'l`c, ;ill 10. 5 Dodge City, KS 181 Wichita 1 154 U I artle grille„ OK 71 Sioux Falls, SD 19 6 Houma, LA ISti. 9 B N ck 11 a Green River, WY I ru 11 Nebraska City NE 96 12 Gait, CO 68 13 Red Wing. MN 98 I'i Quincy, IL 35 15 Rawlins. IVY io Bay, WI 17 Grand Island, NE 18 Gillette, WY 19 Devils Lake. ND 1 22 20 Phillips, 1 31 Beaufort, SC 126 Cambria, CA 170 Camden ML 97 Charlestown, RI 124 Deals, MD Gulf Shores, AL 72. Fl o, J 171 estown,RI 192 ISenai,1114 31 Lake Worth. FL 199 Morehead City, NC 164 Naples, ILL 132 Panama City, FL Pascagoula, MS 159 Port Angeles, WA 106 JUNE/JULY 2010 N 73 REPORT OF THE CITY CLERK 1OC TO: Board of Adjustment FROM: Carol L. Freas, Cit Clerk DATE: May 26, 2010 RE: clf cc: M. Kebschull, City Planner K. Stearns, City Attorney It Koch, City Manager 'Village with a Past, Gc y with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 FAX: (907) 283 -3014 www.ci.kenai.ak.us MEMO A; NDUM Appeal of Planning at Zoning Commission Denial of 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. This afternoon I received a letter from Appellant David Goggia, Hooky Charters withdrawing his appeal of the above- referenced matter. -103- INFORMATION ITEMS 101 INFORMATION ITEMS KENAI CITY COUNCIL MEETING JUNE 2, 2010 1. 6/2/2010 Purchase Orders Between $2,500 and $15,000 for council review. 2. Budget Transfer in Capital Projects in excess of $5,000. 3. Minutes of the May 24, 1960 Kenai City Council meeting (the first) and minutes of July 19, 1960 Kenai City Council meeting. 4. 5/15/2010 AML letter regarding FY2011 dues. 5. 5/16/2010 Peninsula Clarion article entitled, "Municipal League warns of 'gag' initiative." 6. 5/17/2010 M, Johnson thank you note. 7. 5/20/2010 B. Janorschke, General Manager, HEA, related to Grant Lake Hydroelectric Project, 8. Articles of Incorporation, Kenai Peninsula Municipal Conference. -105- z 0 U 0 LL O O G O O N Z 0 O O o N N Z N IL W Y W m LL O W O Z 1 O W Ill 2 J U tc o� v 0 0 2 2 U O z 0 F co z W W U rn 0 U W y 0 0 co C CO ci b O O O M K W co W U W Co CO O Q O Y CO w U. O 0. m F- H O tb 7 !Ir r. r i eyx l .Ae^ w�st j a.•`.. e'!'. +yJr 9 �r JP a, l�' l ,f r, I y r� I c T f fe v t r i .I�rT t JJ lY }f 7 c h Y. 1 x S' lF T' /4 pie F r 1 n sr/ ..f �4 Jy -R.. 'j e" i' .i,' 3t fi .l Y am °f `F te r' LUJA J S r r Ifirp. f. :e st -107- /I/ 'i The Rig Conference Room May 24, 1960 The first meeting of the first Council of the City of Kenai took place at the Rig Conference Room on May 24, 1960 with the following members in attendance: John Swanson, Helen Jones, Chester Cone, Emil Dolchok, Carl Swanson Fw Dick Morgan. Oaths of office were signed and turned over to the district Magistrate. By general agreement, the election for the Mayor was postponed due to the absence of the seventh council member, Tom Hayes. By general acclaim, Dick Morgan was put in the office of temporary chairman for the evening's proceedings due to the lack of a Mayor. Motion was made by John Swanson and seconded by Helen Jones that council meetings be held in the Civic League Building (if available) from 7:30 to 10:30 every Tuesday evening. Motion passed unanimously. Helen Jones was appointed to contact the Civic League about use of the building for council meetings. A discussion of land both for use by the City and for the benefit of the City was held and Chester Cone was appointed to contact Mr. Roscoe Bell of the State Land Office to require his appearance before the council. A meeting with personnel of the Department of Education, which the local School Superintendent Mr. Cordrey, had set upfor Thursday afternoon was discussed. The functions of th T nrnl Affair. Division of the State of Alaska was discussed aid Dick Morgan was self appointed to contact that office. A discussion of City Clerk was held but no action could be taken until the Mayor is elected. A discussion of a City Attorney followed and Dick Morgan was self- appointed to contact Burton C. Biss, Lawyer of the Incorporation Committee about financial arrangements. Money held in trust by the Bureau of land Management was discussed and John Swanson was appointed to look into this matter. The function of the League of Alaskan Cities and possible assistance Kenai might gain from this organization were discussed and Carl Swanson was appointed to contact them. Meeting was adjourned at 10:30. Richard I Morgan Temporary Chai uan -109- r 1",,,q44.0 ALASKA MUNICIPAL LEAGUE �7i�t {.�rtafer�,r 2 _17 Second Str Tel (907) 586 -132 May 15, 2010 To: Mayor and Assembly /Council Members From: Alaska Municipal League Dear Mayor and Assembly /Council Members, uite 200 Juneau, Alaska 99801 Fax (907) 463 -5480 www.akml.org RECEIVED MAY 2 6 HID KENAY CITY CLERK Enclosed, please find the invoice for your FY2011 AML membership dues. These dues enable you to join 162 other boroughs and cities which are comprised of 97% of Alaska's entire population, in affecting the health, viability and success of all of Alaska's municipalities. There is much to be done to make sure our voice is heard at the state and federal level. It is crucial that we all work together in order to influence the Alaska Legislature and the U.S. Congress. We continue to put much of our effort into maintaining the Revenue Sharing checks that we have enjoyed over the last three years. Even though all municipalities have seen rising costs in fuel, insurance and payrolls, I think we all agree that the Revenue Sharing has been extremely helpful in providing basic services to our residents. We spent a great deal of time on transportation issues this past session and plan to spend more time on that issue in the future. Energy is always something to which we provide much input, many suggestions and hopefully, suggestions. Over the next few months, we will be putting in many hours to fight back the "Gag Law" which will prohibit municipalities from hiring lobbyists or from spending borough or city money from sending anyone to Juneau for lobbying purposes. This initiative will be on August primary ballot, so make sure you allow all of your constituents to vote, "NO" on Proposition #1. Call us if you have any questions about this initiative and we can send you as much information as you can stand. We are working hard to find training funds so that we can help municipalities in the many training needs they have identified to us. Please bear with us until we have secured some way to help municipalities become more sustainable. We have provided you with a quarterly newsletter, a weekly legislative ebulletin during session, and periodic emails allowing you to get information on the "happenings" throughout the State and Washington, D.C. We offer our three conferences which help keep you informed on legislation and lead to the selection of our priorities and give you the opportunity to network with your peers. Member of the National League of Cities and the National Association of Counties -112- We offer an insurance pool and an investment pool, as well as a national purchasing cooperative. We publish, annually, a Municipal Officials Directory and a Municipal Salary Survey. The staff is small, but our desire to help all municipalities thrive is huge. We commit to helping ALL municipalities from Betties to Bethel, from Wainwright to Whittier. Your membership gives you the opportunity to have a strong voice in all we do and to take advantage of all we offer. It also helps us, through your dues, affect and advocate for that legislation that makes your community stronger and more successful. Please, stay involved. We need your input in order to provide a united front. We still have much to accomplish. Sincerely, C' Kathie Wasserman Executive Director Enclosure -113- Jlunicipal League warns of `gag' initiative By PAT FORGEY Morris News Service Alaska Juneau Empire A ballot measure facing Alaska voters in August claims to be opposed to corruption, but Alaska Municipal League's Kathie Wasserman says it is ac- tually an attack on citizen par- ticipation in their government. Wasserman told the Ju- neau Chamber of Commerce Thursday that a ballot measure deemed the "anti- corruption" initiative isn't what it appears. "This initiative sounds on the outside Iike something we'd all back," she said. Gag Continued from page A -1 a workable in practice, because a candidate going door -to -door would have to know whether someone they accepted a $5 campaign contribution from might be th niece or grandfa- ther of someone holding a pub- lic contract. Included in the definition of contracts are collective bar- gaining agreements with labor When you look inside it, she said, you find a New York based activist using Alaska to carry on an anti government attack. The measure bars use of tax revenues for lobbying, and does so by limiting lobbying rights from an expansive list of people and groups. Among those barred from lobbying would be the local governments that make up her organization, as well as a host of individuals who have even tenuous connections to govern- ment. "This has some horrible re- percussions," she said. organizations. "It will hamper almost any- one in this room from taking part in government," Wasser- man said, The initiative was approved for the ballot by then -Lt. Gov. Sean Parnell in 2007, but Was- serman said that given Alaska's weak initiative laws, he had lit- tle choice but to approve i tion with enough signatures. That's despite multiple legal opinions that have concluded While the measure is for- mally called "An Initiative Cre- ating and Alaska Anti- Corrup- tion Act," the municipal group is calling it the "Gag Law," and has labeled its campaign as "Stop the Gag Law:' Wasserman said that the measure might not be so had in Juneau, because Mayor Bruce Botelho could walk up the street to the Capitol to lobby the leg- islature on Juneau's behalf. But for other cities' officials, they'd have to spend their own money to travel to Juneau because they wouldn't he allowed to spend public funds to do so. But, she warned, the city much of it is unconstitutional, she said. Wasserman said the measure was backed by Howard Rich, a New York multi- millionaire who has targeted states with weak initiative laws to back his libertarian views. He then finds local sponsors to submit initiative petitions and hires signature gatherers to qualify the initiatives for the ballot, she said. The three local sponsors in -114- 5 Ai couldn't use its money to lobby against a capital move zither. "We would have no voice up in the Legislature about that," she said The initiative would bar the use of public funds for election eering, and bars those holding public contracts from making contributions to campaigns. The initiative makes it ille- gal for those holding contracts and the definition of who that would apply to appears expansive to contribute to candidates. That's something that Was- serman said would likely prove See GAG, page A -2 Alaska are all registered Liber tarians. "Let people know, `please,: don't vote for this thing," Wass serman said. Attorney Ben Brown asked Wasserman what the law was, expected to cost the state to' enforce. She said a similap question had been asked of an initiative supporter at a re; cent Resources Development Council and he had not an- swered. o ry Yne�pir�� F(�ci (In T Tr ft) Jone_ au T- Ie nee\ a, 5 \c■.\wr e aAck, 4AoLs o. beta l '^'ve5 IQ/� r tV m oc r r U l d re Qc s anct inact Q I 0 ruin Tye c-ea. �a� ed beams on ci l-y count; l t- -n U 'A VV U o.kfp Vb- bos;rno r cc.Kz \u ShiC�, l ko.�r Lv�c� Flo-mi N1�'1 C -115- May 20, 2010 Sincerely, Dear Mr. Connors: Bradley P. Janorschke General Manager onier Elect/el Association Elect/e In Corporate Office 3977 Lake Street Homer, Alaska 99603 -7630 Phone (907) 2:35 -8551 PAX (907) 235 -3313 Mr. Joe Connors Kenai River Special Management Area Advisory Board President 51.4 Funny River Road Soldotna, AK 99669 cc: Alaska Department of Environmental Conservation Commissioner Alaska Department of Fish Game Commissioner Alaska Department of Natural Resources Commissioner -116- Central Peninsula Service Center 280 Airport Way. Kenai, Alaska 99611- 5280 Phone (9071283 -5831 FAX 907) 283 -7122 We understand that the Kenai River Special Management Area (KRSMA) Advisory Board is being asked to reconsider a decision to oppose the Grant Lake hydroelectric project. HEA urges the KRSMA Board to agree to reconsider the vote taken on May 13 and table the issue until further information is available. It is important to note that HEA is committed to developing the project in compliance with the KRSMA Comprehensive Management Plan. The project will not block fish movements (there are no salmon. in Grant Lake) and an in- stream flow study is being conducted to ensure that essential stream flows in Grant Creek that support aquatic life are not reduced. As some agency representatives have publically recognized, the project holds the potential to improve the Grant Creek fishery by increasing winter flows. It is HEA's belief that the most prudent action for the KRSMA Advisory Board to take is to postpone any decision on the Grant Lake project until the aquatic resources studies have been completed. A draft license application will be prepared for public, tribes and agency review and comments next spring (2011). At that time, there will be quantifiable information that can be used to make a fully informed decision on the potential impacts of the project and any appropriate protection, mitigation and enhancement measures to address those impacts. Homer Electric will be happy to attend any meeting of the ,KRSMA Advisory Board to offer information regarding the Grant Lake Project. I look forward to continuing to work with you and the KRSMA Advisory Board on this issue. A Touchstone Energy' Cooperative �r- KSR:vMA Grant Lake Hydroelectric Project Page 2 of 2 City of Kenai Mayor City of Soldotna Mayor Kenai Peninsula Borough Assembly Kenai Peninsula Borough Mayor Kenai Peninsula State Legislative Delegation Kenai Watershed Forum Gilman River Center HDR Alaska, Inc. -117- ARTICLES OF INCORPORATION KENAI PENINSULA MUNICIPAL CONFERENCE (A municipal /business organization within the geographic area of the Kenai Peninsula Borough) The undersigned hereby adopt the following Articles of Incorporation pursuant to AS 10.20, the Alaska Nonprofit Corporation Act. ARTICLE I NAME OF THE CORPORATION The name of the Corporation is the KENAI PENINSULA MUNICIPAL CONFERENCE. ARTICLE II PERIOD OF DURATION The period of duration the corporation shall be perpetual, unless dissolved pursuant to AS 10.20.290. ARTICLE III PURPOSES The Corporation is organized for the general purpose of promoting the physical, social and economic well being of the Kenai Peninsula Borough, The Cities therein and it's residents. Its specific purposes may include, but shall not be limited tot charitable; benevolent; educational; civic; patriotic; political; social and cultural activities. ARTICLE IV INTERNAL AFFAIRS Subject to specific limitations imposed by law, in furtherance of, but not in addition to, the purposes set forth in Article III of these Articles of Incorporation; the following provisions for the regulation of its internal affairs shall govern the Corporation: 1. Voting Members. Members with voting privileges shall be limited to representatives of federally recognized tribes, municipal corporations and chambers of commerce of the Kenai Peninsula Borough. Voting Members shall be: the Mayor of the Kenai Peninsula Borough; one (1) representative of the Kenai Peninsula Borough Assembly; one (1) elected official from each of the first and second class cities of the Kenai Peninsula Borough; and one (1) representative from each chamber -118- of commerce located within the Kenai Peninsula Borough and (1) one voting member from each Federally recognized Tribe. Each voting member shall be entitled to one (1) vote by payment of dues prescribed by the Board of Directors. 2. Associate Members. Any person, individual, business, corporation, association or governmental agency may become a non voting Associate Member of the Corporation by payment of the dues prescribed by the Board of Directors. Any a date Member of the Kenai Peninsula Municipal Conference shall be accorded voting privileges at the committee level of the organization. 3. Board of Directors. The governing body of the Kenai Peninsula Caucus shall be a Board of Directors. The Board of Directors shall consist of at least eleven (11) voting members of the Corporation. Any voting member may send a representative to vote at meetings of the Board of Directors. Each member of the Board of Directors shall serve for an indefinite term at the pleasure of the organization he or she represents, except that the Mayor of the Kenai Peninsula Borough shall serve for a term of office on the Board of Directors consistent with the term of the Mayor's office. 4. Executive Committee. An Executive Committee shall be elected from and by the Board of Directors. It shall consist of a President, a Vice President, a Secretary and a Treasurer. 5. Interim Vacancy. Any interim vacancy on the Executive Committee shall be filled by appointment of the Board of Directors for the remainder of the vacated term. 6. Bylaws. The Board of Directors shall adopt the initial bylaws of the Corporation. The power to adopt, alter, amend or repeal bylaws is vested in the Board of Direc The bylaws may contain provisions for the regulation and management of the affairs of the corporation not inconsistent with law or these articles of incorporation. 7, Dissolution. In the event of dissolution of the Corporation, all assets owned by the Corporation shall be distributed for educational and /or charitable purposes, which shall be designated by the Board of Directors. ARTICLE V ADDRESS OF REGISTERED OFFICE AND NAME OF REGISTERED AGENT The address of the initial registered office of the Corporation is: 14896 Kenai Spur Highway #103A Kenai, Alaska, 99611 -119- The name of the initial registered agent of the Corporation is: John Torgerson ARTICLE VI INITIAL BOARD OF DIRECTORS Seventeen (17) persons shall constitute the initial Board of Directors. The names and addresses of the persons who are to serve as the initial directors are: Add names of those present who want to be listed. ARTICLE VII INCORPORATORS The names and mailing addresses of the persons designated to act as the incorporators of this Corporation are: Four Names President Vice President Secretary Treasurer Subscribed and sworn to before me this day of 1987 Notary Public of Alaska My Commission Expires: -120- BY LAWS KENAI PENINSULA MUNICIPAL CONFERENCE ARTICLE I IDENTIFICATION Section 1 Name. This association, incorporated under the Alaska Nonprofit Corporation Act, shall be known as the KENAI PENINSULA MUNICIPAL CONFERENCE. SECTION 2 Registered Office and Registered Agent. A. Obligation to Maintain. The Corporation shall have and maintain in the Kenai Peninsula Borough, State of Alaska 1. A registered office, which may be, but need not be, the same as its place of business. 2. A registered agent, which agent may be either an individual resident of the State of Alaska, whose business office is identical with such registered office, or a domestic corporation, or a foreign corporation authorized to transact business in the State of Alaska, having a business office identical with such registered office. B. Registered Office. The address of the initial registered office of the corporation is: 14896 Kenai Spur Highway #103A Kenai, Alaska 99611 C. Registered Aaent. The name of the initial registered agent of the Corporation is: John Torgerson D. Change of Registered Office or Registered Agent. The Corporation may change its registered office or change its registered agent, or both upon filing in the office of the State of Alaska, Department of Commerce and Economic Development, Division of Corporations, a statement setting forth the facts required by law, and executed by the Corporation by its President or Vice President, upon a vote by the majority of the Board of Directors, and verified by him, and delivered to the Division of Corporations. Section 3. Principal Business Office. The principal business office of the Corporation is: 14896 Kenai Spur Highway #103A -121- Kenai, Alaska 99611 The Corporation may have such other offices within the Kenai Peninsula Borough as the Board of Directors may from time to time establish. Section 4. Seal. The seal of the Corporation shall be circular in form and mounted upon a metal disc, suitable for impressing the same upon paper. About the upper periphery of the seal shall appear the words "KENAI PENINSULA MUNICIPAL CONFERENCE and about the lower periphery thereof the work "Alaska In the center of the seal shall appear the works "CORPORATE SEAL "2009 ARTICLE II PURPOSES, OBJECTIVES AND ISSUES Section 1. Purposes. The Corporation is organized for the general purpose of promoting the physical, social and economic well -being of the Kenai Peninsula Borough. Its specific purposes may include, but shall not be limited: charitable, benevolent, educational civic, patriotic, commerce, political, social and cultural activities. Section 2. Objectives. The objectives of this corporation are: A. Regional Cooperative Organization. To develop and perpetuate the Kenai Peninsula Caucus as an agency for municipalities chambers of commerce and federally recognized tribes to join together on a periodic basis for the practical study of issues of common importance to the residents of the Kenai Peninsula Borough. B. Information Sharing. To gather and circulate information and to share ideas and experiences concerning matters designed to improve the quality of life on the Kenai Peninsula. C. Consensus Building. To mold consensus on the preferred method of approach for resolving problems of common importance to the residents of the Kenai Peninsula Borough. D. Annual Conference. To develop and promote application of the best methods of good government at all levels by holding an annual conference for the discussion of concerns of common importance to the physical, social and economic well being of the residents of the Kenai Peninsula Borough. E. Non Partisan Political Action. To secure legislation at the local, state and federal levels which will be beneficial to inhabitants of the Kenai Peninsula and to oppose legislation injurious thereto; but to remain non partisan in the conduct of its affairs. -122- F. Promotion. To promote the general welfare of the Kenai Peninsula Borough and the general improvement and facilitation of services provided by all levels of government within the Borough. Section 3. Issues. The initial issues of common importance, which the Kenai Peninsula Caucus intends to address shall include, but are not limited to the following topics. These issues are not listed in any order of priority and shall be updated on a periodic basis as necessary. Regional Transportation Project Priorities Sterling Highway Improvements Seward Highway Projects Location of the North Slope Natural Gas Pipeline Enstar Bullet Line Alternative /Renewable Energy Projects North Peninsula Industrial Complex Economic Development and Diversification Borough Wide Bond Issue Propositions Local Government Taxes Tourism Promotion School Funding State Legislative Affairs University of Alaska (Peninsula Campuses) Funding Vocation Education ARTICLE III MEMBERSHIP AND OWNERSHIP Section 1. Voting Members. 1. Members with voting privileges shall be limited to representatives of federally recognized tribes, municipal corporations and chambers of commerce of the Kenai Peninsula Borough. Voting Members shall be: the Mayor of the Kenai Peninsula Borough; one (1) representative of the Kenai Peninsula Borough Assembly; One (1) member from each federally recognized tribe, one (1) elected official from each of the first and second class cities of the Kenai Peninsula Borough; and one (1) representative from each chamber of commerce located within the Kenai Peninsula Borough. Each voting member shall be entitled to one (1) vote by payment of dues prescribed by the Board of Directors. 2. Associate Members. Any person, individual, business, corporation, association or governmental agency may become a nonvoting Associate Member of the Corporation by payment of the dues prescribed by the Board of Directors. Any Associate Member of the Kenai Peninsula Municipal Conference shall be accorded voting privileges at the committee level of the organization. -123- Section 2. Membership Roll. Any member which is in arrears for more than one year's dues shall be stricken from the membership roll until the dues are paid in full. Section 3. Ownership. Shares of stock evidencing ownership in the Corporation may not be issued. Section 4. Transfer. Transfer of membership is prohibited. Section 5. Term. Each member of the Board of Directors shall serve for an indefinite term at the pleasure of the organization he or she represents, except that the Mayor of the Kenai Peninsula Borough shall serve for a term of office on the Board of Directors consistent with the term of Mayor's office, Each Director shall hold office for the term for which he is appointed, and until his successor shall be appointed and qualified. Section 6. Vacancies. Any vacancy occurring in the Board of Directors shall be filled by an appointment of the organization represented. Section 7. Place of Meeting. Meetings of the Board of Directors of the Corporation, annual regular or special, may be held only within the Kenai Peninsula Borough. Section 8. Annual Meetings. The Board of Directors shall meet each year for the purpose of organization, election of officers and consideration of any other business that may properly be brought before the meeting. Notice of the annual meeting shall be delivered either personally or by mail, not less than 10 nor more than 50 days before the meeting. Section 9. Special Meetings. Special meetings of the Board of Directors shall be held upon notice by letter, telegram, cable or radiogram, delivered for transmission not later than during the seventh day immediately preceding the day of such meeting, or by word of mouth, telephone or radiophone received not later than during the fifth day immediately preceding the day of such meeting. Notice of special meetings of the Board of Directors may be waived in writing signed by the person or persons entitled to such notice, whether before or after notice. Attendance of a Director at a special meeting shall constitute a waiver of notice of such meeting, except where a Director attends a meeting for the express purpose of objecting to the transaction of any business, because such special meeting is not lawfully convened. Neither the business to be transacted, nor the purpose if, any special meeting of the Board of Directors, need be specified in the notice, or waiver of notice, of such meeting. Section 10. Quorum. A quorum for the transaction of business shall consist of a simple majority of the voting members. The act of the majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors for internal business affairs. On public policy issues; two weeks written notice must be given to each -124- voting member and an act of the Board must be approved by at least 75% of the Directors present at a meeting. ARTICLE IV DUES The Board of Directors shall establish annual dues for each class of member. Dues shall be payable on the first day of January for that calendar year. Dues may be prorated for a partial year of membership. ARTICLE V MEETINGS OF MEMBERSHIP Action required to be taken by the membership may be taken at the annual meeting or at a special meeting. A special meeting may be called by a majority of the Board of Directors. ARTICLE VI THE BOARD OF DIRECTORS Section 1. Number and Qualifications. A Board of Directors, who must be residents of the Kenai Peninsula Borough, shall manage the business and affairs of the Corporation. The Board of Directors shall consist of at least seven (7) voting members of the Corporation. Any voting member may send a representative to vote at meetings of the Board of Directors. Any voting board member may send a designated alternate representative of his organization to vote in his place. The maximum board members shall be 15, divided equally by the following categories; municipal representatives, tribal /cities under 1000 and chambers of commerce /community councils. Vacancies will be filled as an at -large seat by the board until the next annual meeting. At the next annual meeting the seat will revert to the original category. In the event there is no candidate from the specified category at the annual meeting, the seat will continue to be filled at large by the board until the next annual meeting. Section 2. Parliamentary Rules. All questions of parliamentary procedure shall be decided according to Roberts Rules of Order. Section 3. Dissolution. Upon dissolution and liquidation of the Corporation, the assets of the Corporation available for distribution may only be distributed to a public or governmental agency, or to a non profit corporation other than the membership, subject to -125- the transferee's acceptance of the responsibility of using said assets in a manner compatible with the purposes for which this Corporation was organized. ARTICLE VII THE OFFICERS Section 1. Executive Committee. The Executive Committee of the Corporation shall consist of a President, Vice President, Secretary and Treasurer, elected from and by the Board of Directors. Officers must be Directors of the Corporation. Section 2. Vacancies. Whenever any vacancies shall occur in any office by death, resignation, increase in the number of offices of the Corporation or otherwise, the same shall be filled by the Board of Directors, and the officer so elected shall hold office until his successor is chosen. Section 3. President. The President shall preside at all meetings of the Directors, discharge all the duties, which revolve upon a presiding officer, and perform such other duties as these Bylaws provide or the Board of Directors may prescribe. The President shall have full authority to execute proxies on behalf of the Corporation, to vote stock owned by it in any other corporation, and to execute with the Secretary, powers attorney appointing other corporations, partnerships or individuals the gent of the Corporation, all subject to the provisions of law. Section 4. Vice President. The Vice President shall perform all duties incumbent upon the President during the absence or disability of the President, and shall perform such other duties as these Bylaws may require or the Board of Directors may prescribe. Section S. Secretary. The Secretary shall attend all meetings of the members and the Board of Directors, and shall keep, or cause to be kept in a book provided for the purpose, a true and complete record of the proceedings of such meetings, and shall perform a like duty for all standing committees appointed by the Board of Directors, when required. The Secretary shall attend to the giving and serving of all notices of the Corporation, and shall perform such other duties as these Bylaws may require or the Board of Directors may prescribe. Section 6. Treasurer. The Treasurer shall keep, or cause to be kept, the books of the Corporation, shall have authority to write checks from the Corporation account pursuant to the approved budget, to collect and deposit dues or other payments to the Corporation, shall prepare a financial report prior to each meeting of the Board of Directors, and shall perform such other duties as these Bylaws may require or the Board of Directors may prescribe. Section 7. Delegation of Authority. In case of the absence of any officer of the Corporation, or for any other reason that the Board may deem sufficient, the Board may delegate the powers or duties of such officer to any other officer or to any Director or -126- employee of this Corporation, for the time being, provided a majority of the entire Board concurs therein. ATTEST: ARTICLE VIII SPECIAL CORPORATE ACTS, NEGOTIABLE INSTRUMENTS, DEEDS, CONTRACTS AND MEMBERS' MEETING. All checks, drafts, notes, bonds, bills of exchange and orders for the payment of money of the Corporation, all deeds, mortgages and other written contracts and agreements to which the Corporation shall be a party, and all assignments or endorsements of stock certificates, registered bonds, or other securities owned by the Corporation, shall, unless otherwise required by law, be signed by any two (2) of the following officers who are different persons: President, Vice President, Secretary, and Treasurer. The Board of Directors may, however, authorize any one of such officers to sign any of such instruments, for and in behalf of the Corporation, without necessity of countersignature, and may designate officers or employees of the Corporation, other than those named above, who may, in the name of the Corporation, sign such instruments. Any shares of stock issued by any other corporation and owned or controlled by the Corporation may be voted at any members' meeting of such other corporation by the President of the Corporation, if he be present, or, in his absence, by the Vice President of the Corporation; and if both the President and Vice President are absent, then such stock may be voted by whomever the President and Secretary of the Corporation may designate by duly executed proxy to represent the Corporation at such members' meeting. ARTICLE IX AMENDMENTS The power to alter, amend or repeal the Bylaws or to adopt a new code of bylaws is reserved to the Directors, the affirmative vote of not less than seventy -five (75 percent of which is necessary to exercise such reserved power. APPROVED The Board of Directors thereof in Soldotna, Alaska this day of 2009 duly approved the foregoing Code of Bylaws of the Kenai Peninsula Municipal Conference. -127- President Secretary Subscribed and sworn to before me this day of 2009. -128- Kenai Peninsula Municipal League Suggest Dues Structure Municipalities over 1000 Kenai Borough 750 City Of Kenai 750 City Of Soldotna 750 City of Homer 750 City of Seward 750 Cities Under 1000 City of Seldovia 300 Kachemak City 300 Tribal Entities Port Graham Native 300 Seldovia Native Tribe 300 Nanwalek Native Tribe 300 Ninilchik Native Tribe 300 Kenaitze Native Tribe 300 Salamatof Native Tribe 300 Tyonek Native Tribe 300 Quetekcak Native Tribe 300 Community Councils Hope 200 Moose Pass 200 Sterling 200 Nikiski 200 Kasilof 200 Chambers Seldovia Chamber of Commerce 200 Homer Chamber of Commerce 200 Anchor Point Chamber of Commerce 200 Ninilchik Chamber of Commerce 200 Funny River Chamber of Commerce 200 Soldotna Chamber of Commerce 200 Kenai Chamber of Commerce 200 Nikiski Chamber of Commerce 200 Cooper Landing Chamber of Commerce 200 Hope Community Council 200 Moose Pass Sportsman Club 200 Seward Chamber of Commerce 200 Business, Agency, Non-profit or Individual Members Business, Agency, Non profit or Individual Members $100.00 5,000 Total Revenue Total 15,150 Expenses Office Supplies $600.00 Phone /teleconferencing $1,200.00 Bank Charges $100.00 Clerical Services(transcribe minutes) $850.00 -129- Postage $1,200.00 Copying Charges $600.00 Annual Meeting $600.00 Dues $1,000.00 Travel and Subsistence $5,000.00 Printed Materials 2,000 Web site expenses 2,000 Total expenses $15,150.00 -130- 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. 2. Ordinance No. 2485 -2010 Increasing Estimated Revenues and Appropriations by $591,268 in the Airport Land Sales Permanent Fund and Both Increasing and Decreasing Estimated Revenues in the Airport Fund for Funds Received from the Airport Land Sales Permanent Fund. 3. Ordinance No. 2486 -2010 Increasing Estimated Revenues and Appropriations by $8,552.95 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures. 4. Ordinance No. 2487 -2010 Increasing Estimated Revenues and Appropriations by $8,569.75 in the General Fund for State Traffic Grant Overtime Expenditures. 5. Ordinance No. 2488 -2010 Amending KMC Chapter 6.05, Voting Qualifications and Procedures, to Change the Time for the Meeting of the Canvassing Board, to Amend the Process for Absentee Voting by Directing the Use of Pre -Paid Postage Return Envelopes and Reducing the Number of Witnesses Required, to Expand Certain Records Retention Requirements, and to Make Conforming Amendments. 6. Resolution No. 2010 -31 Requesting the Kenai Peninsula Borough to Allocate $2,000,000 of its Volume Cap of Recovery Zone Facility Bonds to the City of Kenai for the Issuance of Revenue Bonds to Fund the Construction of a Commercial Building in the City. 7. Resolution No. 2010 -32 Awarding a Contract to Harbor Enterprises, Inc., d /b /a Alaska Oil Sales, for Furnishing and Dispensing of Diesel and. Unleaded Fuel. 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: May 28, 2010 NOTICE OF PUBLIC HEARING JUNE 2, 2010 CITY OF KENAI COUNCIL MEETING Ordinance No. 2484 -2010 Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2010 and Ending June 30, 2011. AGENDA KENAI CITY COUNCIL REGULAR MEETING JUNE 2, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ctkenatak.us ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment 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. 2484 -2010 Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2010 and Ending June 30, 2011. 2. Ordinance No. 2485 -2010 Increasing Estimated Revenues and Appropriations by $591,268 in the Airport Land Sales Permanent Fund and Both Increasing and Decreasing Estimated Revenues in the Airport Fund for Funds Received from the Airport Land Sales Permanent Fund. 3. Ordinance No. 2486 -2010 Increasing Estimated Revenues and Appropriations by $8,552.95 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures. 4. Ordinance No. 2487 -2010 Increasing Estimated Revenues and Appropriations by $8,569.75 in the General Fund for State Traffic Grant Overtime Expenditures. 5. Ordinance No. 2488 -2010 Amending KMC Chapter 6.05, Voting Qualifications and Procedures, to Change the Time for the Meeting of the Canvassing Board, to Amend the Process for Absentee Voting by Directing the Use of Pre -Paid Postage Return Envelopes and Reducing the Number of Witnesses Required, to Expand Certain Records Retention Requirements, and to Make Conforming Amendments. 6. Resolution No. 2010 -31 Requesting the Kenai Peninsula Borough to Allocate $2,000,000 of its Volume Cap of Recovery Zone Facility Bonds to the City of Kenai for the Issuance of Revenue Bonds to Fund the Construction of a Commercial Building in the City. 7. Resolution No. 2010 -32 Awarding a Contract to Harbor Enterprises, Inc., d /b /a Alaska Oil Sales, for Furnishing and Dispensing of Diesel and Unleaded Fuel. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1, Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000. 3. *Ordinance No. 2489 -2010 Local Amendments to the 2006 Uniform Plumbing Code, to Delete the Local Requirement That Underground Water Service Pipe Loss Than T Inches in Diameter Must be in Copper. 4. *Ordinance No. 2490 -2010 Increasing Estimated Revenues and Appropriations by $4,255 in the Airport Fund for a Donation Received From the Kenai Watershed Forum for the City's Summer Bird Hazing Program at the Kenai Airport. 5. *Ordinance No. 2491 -2010 Increasing Estimated Revenues and Appropriations by $1,500,000 in the Library Improvements Capital Project Fund. 6. *Ordinance No. 2492 -2010 Reducing Estimated Revenues and Appropriations by $1,500,000 in the General Fund and Library Improvements Capital Project Fund. 7. *Ordinance No. 2493 -2010 Amending KMC 13.40.040 to Provide for a Speed Limit of Fifteen (15) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai and Making Technical Corrections. 8. Action Item Appointment to Kenai Peninsula Borough Planning Commission. 9. Action Item Schedule Work Session/Town Hall Meeting Collaborative Leadership Training Review. EXECUTIVE SESSION Annual Evaluations of City Manager and City Clerk ITEM M: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at http: /www.ci.kenai,ak.us. Carol L. Freas, City Clerk D/211 UNITED STATES OF AMERICA, STATE OF ALASKA Denise Reece PO #90976 4th day of NOTARY PUBLIC in favor for the State of Alaska. My Commission expires 26- Aug -12 PUBLISHER'S AFFIDAVIT SS: being first duly sworn, on oath deposes and says: That I am and was at all times here in this affidavit mentions, Supervisor of Legals of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the Council Agenda a printed copy of which is hereto annexed was published in said paper one each and every day for one successive and consecutive day in the issues on the following dates: Mav 31, 2010 SUBSCRIBED AND SWORN to me before June 20+0 r AGENDA KENAI CITY COUNCIL REGULAR MEETING JUNE 2,2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS h o' /www ci.kenai ak us ITEM B. SCHEDULED PUBLIC COMMENTS (Public comment t. 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. 2484 -2010 Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2010 and Ending June 30, 2011. 2. Ordinance No. 2485-2010 Increasing Estimated Revenues and Appropriations by $591,268 in the Airport Land Sales Permanent Fund and Both Increasing and Decreasing Estimated Revenues in the Airport Fund for Funds Received from the Airport Land 'Sales Permanent Fund 3. Ordinance No. 2486 -2010 Increasing Estimated Revenues and Appropriations by $8,552.95 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures 4. Ordinance No. 2487=2010 Increasing Estimated Revenues and Appropriations by $8,569.75 in the General Fund for State Traffic Grant Overtime Expenditures 5. Ordinance No 2488 -2010 Amending KMC Chapter 6.05, Votin Qualifications and Procedures, to Change the Time for the Meeting the Canvassing Board to Amend the Process for Absentee Voting by Directing the Use of Pre-Paid Postage Return Envelopes and Reducing the Number of Witnesses Required, to Expand Certain Records Retention Requirements, and to Make Conforming Amendments. 6. Resolution No. 2010.31 Requesting the Kenai Peninsula Borough Allocate $2000000 000 -of its Volume Cap of Recovery Zone Facility Bonds to the City of Kenai for the Issuance of Revenue Bonds to Fund_ the Construction of a Commercial Building in the City. 7. Resolution No. 2010.32 Awarding a Contract to Harbor Enterprises, Inc, d /b /a`.Alaska Oil Sales, for Furnishing and. Dispensing of Diesel and Unleaded Fuel ITEM F. UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000. 3. *Ordinance No 2489 -2010 Local Amendments to the 2006 Uniform ":Code, to Delete the Local Requirement That Underground Water Service Pipe Less Than Two Inches in Diameter Must be in Copper. 4. *Ordinance No 2490 -2010 Increasing Estimated Revenues and by $4255 in the Airport Fund for a Donation Received From the Kenai Watershed Forum for the City's Summer Bird Hazing Program at the Kenai Airport. 5 'Ordinance No. 2491 -2010 Increasing Estimated Revenues and Appropriations by $1,500,000 in the Library Improvements Capital Project Fund. 6. *Ordinance No. 2492 -2010 Reducing Estimated Revenues and Appropriations by $1,500,000 in the General Fund and Library Improvements Capital Project Fund. 7. *Ordinance No. 2493.2010 Amending K MC 13:40.040 to Provide for a Speed Limit of Fifteen (15) Miles Per Hour While Driving Motorized i. Vehicles on a Portion of the North Shore Public Beach Within the City' of Kenai. and Making Technical Corrections. 8: Action Item Appointment'to Kenai Peninsula Borough Planning r7 'Commission. 9. Action -,Item Schedule Work ISession/T Hail Meeting Collaborative Leadership `Training Review. EXECUTIVE SESSION Annual Evaluations of City Manager and City; Clerk ITEM M: 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://wivw.cLkenatak.us. kenai.ak.us Carol L. Freas, City Clerk UNITED STATES OF AMERICA, STATE OF ALASKA Denise Reece being first duly sworn, on oath deposes and says: That I am and was at all times heke in this affidavit mentions, Supervisor of Legal.s of the Peninsula Clarion, a news-, paper of general circulation and published at Kenai, Alaska, that the Work Session a printed copy of which is hereto annexed was published in said paper one each and every day for one successive and consecutive day in the issues on the following dates: May 31, 2010 X PO #90976 PUBLISHER'S AFFIDAVIT ss: SUBSCRIBED AND SWORN to me before this 8th thy July_ 2010 NOTARY PUBLIC in favor for the State of Alaska. My Commission expires 26- Aug -12 PUBLIC NOTICE Notice is hereby given, the Renal City. Council will meet in a work session on Wednesday, June 2, 2010 at 5:30 p.m. to discuss water treatment options. The work session will be held in the City Council Chambers located at 210 Fidalgo Avenue, Kenai, Alaska and is open to the public. Contact the Kenai City Clerk's office at 263 -7535, extension 231 with questions. Carol L. Frees, City Clerk D265/211 Publish: May 31, 2010