Loading...
HomeMy WebLinkAbout2010-05-19 Council PacketI COUNCIL MEETING DATE: I Mayor/Council Clerk i Police Department Senior Center Library (2) Fire Department Attorney City Manager "Ogle Christine Parks (Sc Recreation Student Rep. Hall Binder Feltman /Floyd Kebschull /Carver Clarion Mellish Schmidt AGENDA DISTRIBUTION As MAKE 27 PACKETS COUNCIL PACKET DISTRIBUTION Sewer Treatment Plant Shop Building Maintenance W ater /Se 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. 1 I A s I' n 4 [fl E i I //V I_ITT S I II 1111 I II uThi 71 4 Z/9 4 y 44 I FMAN I MOLLOY III BOYLE PORTER SMALLEY MOORE ELDRIDGE MOLLOY 31AOB PORTER SMALLEY 321OOWI I ELDRIDGE j slnr» FMAN ELDRIDGE A Lt.II n 4 [fl I_ITT S I II 1111 L N 44 l FMAN I MOLLOY III BOYLE PORTER SMALLEY MOORE ELDRIDGE MARQUIS 0/ ae FFMAN MOLLOY IBOYLE 2i31HOd 3HOON J.3llVWS ELDRIDGE SinO }JVN A g i I ‘0 S I 1111 L 5 I l FMAN I MOLLOY III BOYLE PORTER SMALLEY MOORE ELDRIDGE MARQUIS co co U- 2 U 0 0 J J 0 2 w J 0 CC w H CC 0 w J J Q 2 w 0 0 2 w 0 0 0 J w co 0 Q 2 4 0 0 J J 0 2 w J 0 m a w cC H 0 a w J J 2 U) w 0 0 2 co 0 Q 2 COUNCIL MEETING 0 A1 Fro7 11171// /v ffir e/ 1 EMI 2 1 11 11 1 I MOLLOY I BOYLE PORTER I SMALLEY 3HO I ELDRIDGE sincHvw Fro7 11171// 1 1=_ 11 1 11 1 1111111 I MOLLOY I BOYLE I PORTER I SMALLEY H I ELDRIDGE sinmAivu MAIN ca O. 0 0 0 0 c 0 m 0 0 0 2 a ƒ m 4 ƒ 0 0 -J u 0 0 CO 0 ƒ 0 0 a C 0 0 3 0 0 E 0 0 2 a 7 2 6 0 0 j 0 on 0 m 0 0 u 0 0 u co a COUNCIL MEETING OF: ELDRIDGE A MO ri L7 I P -z I I I S II dioze_ MOLLOY BOYLE PORTER SMALLEY IN MARQUIS I FIVIAN L VIAN l I MOLLOY I I BOYLE I I PORTER I SMALLEY I B2i00w I I ELDRIDGE MARQUIS IAN A MO ri L7 I P -z I S II dioze_ MOLLOY BOYLE PORTER SMALLEY 5 MARQUIS I FIVIAN Off'° O /fl N MOLLOY BOYLE I PORTER I SMALLEY 3JOOw I I ELDRIDGE slnOUdw IAN MO L7 I /v/i I II I dioze_ MOLLOY BOYLE PORTER SMALLEY 5 MARQUIS I FIVIAN N MOLLOY 31A08 I 2J31210d I SMALLEY 3a)OVV I ELDRIDGE slnOHew IAN MO S IMM I S I dioze_ MOLLOY BOYLE PORTER SMALLEY 5 MARQUIS I FIVIAN MOLLOY alA08 PORTER SMALLEY 32i00w I ELDRIDGE MARQUIS IAN A MO S IMM I I dioze_ MOLLOY BOYLE PORTER SMALLEY 0 MOORE ELDRIDGE MARQUIS I FIVIAN LL W J 0 m w H 0 a w 0 O 2 a cc Q 2 COUNCIL MEETING OF: ELDRIDGE TESTIMONY SIGN -IN SHEET T1Tx /10c-10)1 cz 39Lg c 1 l e t uciII cecwe ex b- e l Y- ft rn Ke- i'1t,,,. ,l1 I f (elo l.) -19 x. 0'51 7) I h lyir kvi, /I fc-c t Aro vd,'c cf, Teupn 't up frl,,,,,,,/, Izi lte GI-, 1c. 4k td 7 3 Of I KO. on K 3i lei sc o K c�4' icgou„cJ 'T ,j E ta-nti ti Deepo cc% CL- 1'1eki P1-1-AN-'1,, c9zail t L \1: \sue C ��fY?L it �kfri l/ Lre'"t 1 TESTIMONY SIGN -IN SHEET Based upon the statements of Council Member Molloy that he and his law firm represent the Kenai River Professional Guides Association and that the Appellant, David Goggia, is the President of that entity with whom Council Member Molloy's business regularly consults in that capacity, I determine that Council Member Molloy has should not sit as a member of the Board of Adjustment on the appeal of PZ 10 -07 to the Board of Adjustment. While any financial interest of Council Member Molloy's is indirect and is not substantial with respect to his overall income and business, it would create an appearance of impropriety if Council Member Molloy were to participate in the appeal. Council Member Molloy and his business have a business relationship with Mr. Goggia through Mr. Goggia's position as President of the non profit organization. Further, that organization promotes the activities commercial guide businesses for which Mr. Goggia seeks approval in his appeal. This relationship is the type of relationship that a person might reasonably expect to impair Council Member Molloy's objectivity and judgment as a decision maker. Accordingly, he should not participate. ITEM A: CALL TO ORDER ITEM C: ITEM D: AGENDA KENAI CITY COUNCIL REGULAR MEETING MAY 19, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) *All items listed with an asterisk are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 1. 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 UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 1. Ordinance No. 2479 -2010 Amending KMC Chapter 1.10, The Council, to Add a New Section Establishing Procedures for the Use of Council Chambers and the City Clerk's Conference Room. (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 Conforming 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 S111.94 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 S190,000 in the Congregate Housing Capital Project Fund for Repair of Damage Caused by the Fire Suppression Sprinkler System Failure 5. 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.) 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 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 15 22 24 68 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.. 31 36 38 40 42 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 44 11. *Liquor License Renewal Matson Winery, Inc., d /b /a Matson Winery Supply /Winery, License #4676 47 ITEM E: MINUTES 1. *Regular Meeting of May 5, 2010 49 2. *May 8, 2010 Council Work Session Notes ITEM F: UNFINISHED BUSINESS 61 ITEM G: NEW BUSINESS 1. Bills to be Ratified 63 2. Approval of Purchase Orders Exceeding $15,000 64 3. *Ordinance No. 2484 -2010 Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2010 and Ending June 30, 2011 67 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 $8,569.75 in the General Fund for State Traffic Grant Overtime Expenditures ITEM H: COMMISSION /COMMITTEE REPORTS 69 72 74 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 76 8. Action Schedule Board of Adjustment Hearing 82 9. Discussion Town Hall Meeting Collaborative Leadership Training 85 1. Council on Aging 2. Airport Commission 3. Harbor Commission 102 4. Library Commission 105 5. Parks Recreation Commission 6. Planning Zoning Commission 109 7. Miscellaneous Commissions and Committees a. Beautification Committee 117 b. Alaska Municpal League Report c. Mini -Grant Steering Committee d. Kenai Convention Yz Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 132 2. City Attorney 146 3. City Clerk ITEM K: DISCUSSION 1. Citizens (Public comment limited to 5 minutes per speaker) 2. Council EXECUTIVE SESSION None Scheduled. 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. 2010 15 Opposing House Bill Number 266. (Clerk's Note: At its March 3, 2010 meeting, Resolution No. 2010 15 was postponed, no time certain.) Resolution No. 2010 -23 Opposing "An Initiative Creating an Alaska Anti Corruption Act" Which Will be on the 2010 Alaska Primary Election Ballot. (Clerk's Note: At its April 7, 2010 meeting, Council postponed Resolution No. 2010 -23 to its July 7, 2010 meeting. The motion to adopt is active.) INFORMATION ITEMS KENAI CITY COUNCIL MEETING MAY 19, 2010 Page No. 5/19/2010 Purchase Orders Between 52,500 and $15,000 for Council Review 155 2. Budget Transfer in Capital Projects in Excess of 5,000 156 3. 5/13/2010 Kenai River special Management Area Advisory Board meeting Agenda and minutes of the 4/8/2010 meeting 157 4. 4/30/2010 Senator Mark Begich letter of congratulations related to the library expansion groundbreaking 164 5. 4/30/2010 L. Nauta, Principal, Aurora Borealis Charter School letter thanking the City for snow removal along Frontage Road 165 6. 5/18/2010 Kenai Peninsula Borough Assembly Meeting Agenda 166 MAY 19, 2010 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET REQUESTED BY: ADD TO: ITEM D -la, Substitute Ordinance No. 2479 -2010 Councilors Molloy and Boyle memorandum identifying the differences between the original ordinance and substitute. CITY CLERK ADD TO: None. ITEM D -2, Ordinance No. 2480 -2010 D. Bannock email transmission with comments related to Ordinance No. 2480 -2010. CONSENT AGENDA CITY CLERK Three reasons to partner with the Kenai Chamber for the 2010 July 4 Parade Festivities 1. Not only will we be celebrating America, but we will be celebrating our All- American City and 50 years of incorporation. 2. Partnering with the Chamber to promote the day and the theme of the i finances Parade Festivities by providing the nuances Paz the $2500 level) will incorporate the City's logo on all advertising. see samples 3. Partnering to encourage the unity in commUNITY Please join us in this winning partnership! Thank you, Carol Bannock Executive Director Kenai Chamber of Commerce The Firecracker Stars Your Company Name: Description of your compan Be a Firecracker Sponsor and help support Kenai's 4th of July festivities $250.00 Company logo on mid —way banner Company logo on Poster o Company logo on advertising Be a Stars Stripes Sponsor and gain some great exposure for your business! $1500.00 Company logo on mid —way banner Company logo on Poster e Company logo on advertising e Company logo on Grand Stand Banner Private Reserved Seating at Parade 500 4th of July toys with your logo displayed Lil' Sparkler Sponsor the carnival area games and prizes for the kids! $600.000 Company logo on mid —way banner Company logo on Poster Company logo on advertising Company logo on banner "Under the Big Top" carnival area Patrio $2500.00 J Company Logo on Mid -Way Banner Company Logo on posters Company Logo on advertising Company Logo on banner Grand Stand Banner Private Reserved Seating at Parade Your company vehicle leading the parade 1500 Thunderstix with your logo 2000 Candy Bags with your logo Please email your logo (EPS, JPEG, GIF preferred) to carol @kenaichamber.org along with contact details for the person responsible for proofing. E AI'S Ji SPONSORS Company Name: Coniad Person: Mailing Address: Phone: Email: Sponsorship Level Firecracker JL 4 PARADE FT.S1 WIT lL S" 20_10 THEME: "Celebrating Kenai 19602010" LII' Sparkler 0 Fax: OPPOR `j lES Stars Stripes 0 Patriotic Ci Bill Me (Payment due within 30 days of receiving invoice) Check Enclosed 0 Credit Card CI Credit Card Expiration Date: (We accept Visa or Mastercard) Please Fax to 283 -7183 or mail to Kenai Chamber of Commerce, 402 Overland, Kenai, AK 99611 BROUGHT TO YOU BY THE KENAI CHAMBER OF COMMERCE the rift'1" KENAI. ALASKA Sponsored by: Council Members Molloy and Boyle CITY OF KENAI ORDINANCE NO. 2479-2010 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC CHAPTER 1.10, THE COUNCIL, TO ADD A NEW SECTION ESTABLISHING PROCEDURES FOR THE USE OF COUNCIL CHAMBERS AND THE CITY CLERK'S CONFERENCE ROOM. WHEREAS, the City Council Chambers and the conference room in the City Clerk's office are places for the conduct of the City's business, not otherwise open to the public for general use; and, WHEREAS, although these rooms are not available for use by the public, from time -to- time, and as an accommodation to other governmental agencies, the City has allowed limited use of these rooms by other governmental agencies in pursuit of their respective work on behalf of the public; and, WHEREAS, revision of the City's Code regarding the Council's meeting places would clarify the limited permitted uses of these rooms and conform to current practices; and, WHEREAS, it is in the best interests of the City to clarify the permissible use of these rooms to ensure that the Council's meeting places are reserved for the Council's use while still permitting the City Clerk to accommodate occasional requests for use by other public entities. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Chapter 1.10 of the Kenai Municipal Code: The City of Kenai Municipal Code is hereby amended by adding a new section, Council chambers and conference rooms, to be numbered 1.10.070 which shall read as follows: 1.10.070. Council chambers and conference rooms. The Council chambers and the Clerk /Council conference room in the City Clerk's office shall be under the supervision and control of the City Clerk. Use of either room shall be scheduled by the City Clerk. The rooms shall be used solely for the transaction of the business of the City except that the Clerk may permit other local, state, and /or federal agencies to use the rooms for public purposes, and at no cost, after request by the entity and approval by the City Clerk. Section 3. 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] Ordinance No. 2479 -2010 Page 2 of 2 jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to 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 fifth day of May, 2010. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR New Text Underlined [DELETED TEXT BRACKETED Introduced: April 21, 2010 Adopted: May 5, 2010 Effective: June 5, 2010 TO: FROM: DATE: SUBJECT: MIKE BOYLE (907) 283-0820 mboyle alaska.com Mayor Porter Council Members Eldridge, Marquis, Moore, Smalley Mike Boyle Bob Molloy, Council Members April 8, 2010 Ordinance 2479 2010, Amendment to KMC 1.10 Establishing /Clarifying Use of Council Chambers BOB MOLLOY (907) 283-7373 bob@molloyforcouncil.com Ordinance 2479 -2010 adds a new section to the City's Code at 1.10, The Council. There is no provision in the Code outlining the use of Council Chambers and the conference room in the City Clerk's office. This proposed ordinance reflects existing policy —the rooms are used only for the business of the City with the narrow exception that occasional use by other governmental entities has been allowed as a matter of courtesy and accommodation. Other public facilities exist for members of the public to rent or reserve and to engage in meetings or other expressive activities. Codifying existing policy will provide notice to the public and other agencies that these rooms are not generally available for non -City public use. It is appropriate that Council Chambers and conference room be reserved for the (near) exclusive use of the Council. The Council needs to have the rOOMS available for official City business and it should not have to compete with other groups who might wish to use these facilities. The limited use by other governmental entities helps foster good relationships between the City and those entities and often directly serves the general public by creating a convenient meeting place in the City for the public to have access to other governmental agencies visiting the area. Using the rooms only for governmental business preserves the spaces as neutral areas for all members of the public. The City Council would have a priority right to use the rooms; however, it is expected that when another governmental agencies reserves one of the rooms through the Clerk for a date /time not in conflict with then scheduled use by Council and Commissions, the Council should respect that arrangement. We respectfully request Council's support of Ordinance 2479 -2010. KENAI, ALASKA MEMO: TO: City Council FROM: Rick Koch DATE: April 28, 2010 Administration recommends the following: "Village with a Past, City with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907-283-7535 FAX: 907 283 -3014 1 1111 7 1992 SUBJECT: Ordinance No. 2479 -2010, Amending KMC Chapter 1.10, Procedures for the Use of Council Chambers and the City Clerk's Conference Room The purpose of this correspondence is to recommend the Council not approve the above referenced ordinance Presently, the City Clerk schedules the use of Council Chambers and the conference room that is adjacent to the City Clerk's and Mayor's Office. I am unaware of any issues /conflicts that would require the present un- written policy and procedure be memorialized as a matter of law in the City Code. 1. A Written Policy be adopted by Council establishing the City Clerk's responsibility to schedule Council Chambers and the conference room. 2. In a written policy, eliminate the words "and control as contained in the proposed Code amendment. "Control" is undefined, and may result in confusion and unnecessary conflict. 3. In a written policy, clarify what is meant by the proposed amendment which states "The rooms shall be used solely for the transaction of the business of the City except that the Clerk may permit other local, state, and /or federal agencies to use the rooms for public purposes, and at no cost, after request by the entity and approval by the City Clerk." Would this prohibit a KEDS meeting? Would this prohibit a meeting of the Kenai Historical Society, if they needed a place to meet? To the best of my knowledge, the Council has not had to compete with other groups for the Council Chambers other than with conflicts with Commissions, and that conflict would still exist. Administration recommends Ordinance 2479 -2010 not be adopted and that a written policy be established to memorialize the practice currently in effect, that the City Clerk is responsible for scheduling the Council Chambers and Conference Room. Thank you for your attention in this matter. if you have any questions, please contact me at your convenience. the u'[y of AA KENAI, S SUBSTITUTE Sponsored by: Council Members Molloy and Boyle CITY OF KENAI ORDINANCE NO. 2479 -2010 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC CHAPTER 1.10, THE COUNCIL, TO ADD A NEW SECTION ESTABLISHING PROCEDURES FOR THE USE OF COUNCIL CHAMBERS AND THE CITY CLERK'S CONFERENCE ROOM. WHEREAS, the City Council Chambers and the conference room in the City Clerk's office are places for the conduct of the City's business, not otherwise open to the public for general use; and, WHEREAS, although these rooms are not available for use by the public, from time to time, and as an accommodation to other governmental agencies and to facilitate the work of other groups working on City related business, the City has allowed limited use of these rooms in pursuit of work on behalf of the public; and, WHEREAS, revision of the City's Code regarding the Council's meeting places would clarify the limited permitted uses of these rooms and conform to current practices; and, WHEREAS, it is in the best interests of the City to clarify the permissible use of these rooms to ensure the Council's meeting places are reserved for the Council's use while still permitting the City Clerk to accommodate occasional requests for use by other public entities, by membership groups to which the City belongs to advance its public purposes, and by entities with whom the City is working to advance public purposes of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Chapter 1.10 of the Kenai Municipal Code: The City of Kenai Municipal Code is hereby amended by adding a new section entitled, Council chambers and conference rooms, to be numbered 1.10.070 which shall read as follows: 1.10.070. Council chambers and conference rooms. Use of the Council chambers and the Clerk /Council conference room in the City Clerk's office shall be under the supervision of the City Clerk. Use of either room shall be scheduled by the City Clerk. The rooms shall be used solely for the transaction of the business of the City except that the CIerk may permit groups working with City staff on a City- related issue groups of whom the City is a member, and other local, state, and /or federal agencies New Text Underlined• [DELETED TEXT BRACKETED; -6- SUBSTITUTE Ordinance No. 2479 -2010 Page 2 of 2 to use the rooms for public purposes, and at no cost, after request by the entity and approval by the City Clerk. 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 19th day of May, 2010. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR New Text Underlined' {DELETED TEXT BRACKETED Introduced: April 21, 2010 First Reading: May 5, 2010 Second Reading: May 19, 2010 Adopted: May 19, 2010 Effective: June 19, 2010 MEMO: Thank you for your attention in this matter. "I/il(aye with a Past, Ci y with a Future n 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907- 283 -3014 O I TO: City Council FROM: City Manager DATE: May 13, 2010 SUBJECT: Ordinance No. 2479 -2010 The purpose of this correspondence is to supplement my previous memo and providing comments for your consideration regarding the above proposed ordinance. "Supervise" is nearly the same word as `control The definition of supervise as contained in Webster's is, "To direct and watch over I suggest the replacement of "supervise" with either, "coordinate use of or "schedule" both much clearer as to intent. Again, I am still unaware of a problem requiring a solution that is addressed by this ordinance, and my opinion is that this should be a policy, not a matter of law. -8- 1992 the ecYy o( KENAI, ALASKA Mayor and Council Members TO: FROM: Carol L. Freas, Cit, jerk DATE: May 13, 2010 The responses are ntt rbed. 'Village with a Past, Ci with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 Fax: (907) 283 -3014 vwvw.ci.kenai.ak.us MEMO NDUM RE: ORDINANCE NO. 2479 -2010 EstabIishing Procedures for the Use of Council Chambers and City Clerk's Conference Room At the request of Council Member Molloy, I contacted other Clerks with regard to usage of Council /Assembly Chambers and, Conference Rooms. The questions asked were: Does your city /borough have an ordinance or policy /procedure for use of council /assembly chambers and conference rooms? If you do, how is it implemented? Are reservations for use of the chambers /conference rooms made through the City /Borough Clerk? This City Clerk supports the adoption of Ordinance No. 2479 -2010. Historically, use of the Chambers has been for `governmental entities only.' In searching for other information many years ago, reference to limiting the use of the Chambers to governmental entities only was found in old minutes. Finding that reference again has been unsuccessful however. So, the only attestation of the current policy /procedure is identification in a "Use of Chambers" information document used by the previous Clerk and over the past 20+ years of this City Clerk's service to the City of Kenai. Why codification of what has been the practice for approximately 30 years? This is not a territorial issue. It is simply placing what has been common practice for perhaps 30 years into a form which is easily recognized and searchable by city employees, public, and future holders of this office. Codification will also give substance and credibility to the City Clerk when questioned why the Chambers and /or Conference Room is not available for general public use. We have no general compilation of various City department policies and procedures. If a policy or procedure is not used frequently, it is very easy for it to be filed and forgotten. Over the past 20+ years, there have been many times when persons have been told the Chambers was not available because the person or group requesting the use was not a governmental entity. Of those many, there have been some more problematic than others. To date, there have been no discussions with regard to issues /conflicts with the current City Manager. When there have been concerns, it has been the City Attorney with whom discussions took place. No reasons have been given why including a paragraph defining the 30*- year practice in the Kenai Municipal Code would be detrimental. A question was asked whether the ordinance would prohibit KEDS or the Kenai Historical Society from using the room. The answer provided was: As long as there is involvement by the City in either of the entities, there would be no problem in either of the entities using the room. If one non governmental group (profit or non- profit) is given permission for the use of the room, it opens the use of the room to any group, regardless of what the views and/or beliefs of the group may be. Codifying the rule would be black and white and would give legs to saying no if the entity did not fit within the parameters of the ordinance. Clf Attachment -1 0- City of Kodiak Rents space from the Kodiak Island Borough. (The City of Kodiak offices are housed in the Kodiak Island Borough Building.) Kodiak Island Borough No written policy /procedure for conference room or Assembly Chambers, Clerk decides who may use them, but is mainly available for Borough, City, School District, and non-profits. Kenai Peninsula Borough Recently passed Ordinance No. 2010 -09 amended the KPB Code to restrict to government use only, including State, Federal and Local governments (upon approval of the Assembly President). Reservations made through the Borough Clerk. City of Homer No formal ordinance. Room may be rented: Government agencies are generally exempt; use by non- governmental agency $15.00 /hour fee, minimum of two hours and maximum fee of $75.00 /day. Cleaning fee of $30.00 may be applied. Reservations for use of chambers and conference rooms are made through the City Clerk. City of Wasilla No policy or ordinance lise allowed for City Departments and Staff; State of Alaska; and, groups working directly with staff on a city related issue. Reservations I for use of chambers and conference rooms are made through the City Clerk. City of Seward No ordinance, no written policy. Governmental use only. Some businesses who have conference rooms available feel the City is competing with private business. Reservations made through the City Clerk. City of Soldotna Written policy with formal request form which is submitted to the City Clerk (copy attached). Reservations made through the City Clerk. City of Valdez No response. COUNCIL /ASSEMBLY CHAMBER USE POLICY FOR USE OF CITY MEETING ROOMS As a public facility, the city offers the use of its meeting rooms for civic, educational and cultural purposes. Permission to use the meeting rooms will be granted to groups fulfilling the requirements listed. Preference in scheduling of rooms will be given to city and other municipal government programs. Permission to use the rooms will be denied any group whose purpose is illegal; is solely of a commercial or personal family nature; or, where satisfactory adult sponsorship is not provided. Permission to use the meeting rooms may be denied if any of the stated regulations are not observed. Use of city meeting rooms for the purpose of influencing the outcome of an election of a candidate for federal, state or municipal office is prohibited. A commitment for meetings in sequence results in a rigid schedule which limits the use of the facilities for city programs and is not encouraged. Except under special circumstances approved by the City Clerk, rooms will be scheduled no more than one month in advance. APPLICATION FOR USE Users are to complete an application furnished by the City Clerk's Office. It must be signed by the representative responsible for the planned activity. The signature indicates that the regulations have been read and will be observed. The purpose, date and time of meeting(s) should be stated explicitly on the application. CONFIRMATION OF USE Reservations are not confirmed until the application form has been signed by the City Clerk or her /his representative. Organizations must check with the Clerk's Office for permission to change the purpose or type of meeting originally approved. CANCELLATION NOTICE If a scheduled meeting is not to be held, the applicant has the obligation to inform the City Clerk's Office. Failure to do so can result in the city denying future use of the activity. The city reserves the right to cancel permission to use a meeting room or to substitute facilities. REGULATIONS Groups whose sole membership is under the legal age (21 years) must be sponsored, and the request to use city meeting space must be requested in conjunction with, and supervised by, an adult. The person designated as 'responsible" on the application will be responsible for maintaining order and ensuring that all individuals are restricted to the reserved area. Care of the room and the cost of any damages is the responsibility of the user group. Areas used must be cleaned and returned to their original layout. Failure to do so will result in the requirement of a cleaning deposit prior to further use. Per AS 18.35.030, smoking in public places is prohibited. S: \Clerk107 City Departments \ClerkDept \MTG_RM_POLICY.dec Rev. 01/09 -12- No telephone calls, mail or messages will be handled by the city for individuals or organizations meeting in the building. It is the responsibility of the designated contact person to relay this information. The city cannot provide extended storage of materials for programs presented in the meeting rooms. No printed materials may be prepared using city computers, printers, or copy machines. No printed materials may be distributed on city property without the consent of the City Clerk. Posters pertinent to meetings and materials distributed during the meeting must be removed following the meeting. Neither the name nor address of the city may be used as the official address or headquarters of an organization. No admission fee, solicitation or donation of money may be charged or requested for a meeting or program unless prior arrangements have been made with the City Clerk. The public -at -large shall be allowed admission. There is no charge for use of the meeting rooms. HOURS Rooms will be available from 8:00 a.m. to 5:00 p.m., Monday through Friday. Functions may be scheduled on holidays, Saturday, Sunday, and evenings with prior approval by the City Clerk. A key will be available to the event's representative at the Clerk's Office. A lost key will result in a $100.00 charge. The representative will be responsible for maintaining proper security before, during and after the function. Arrangements can be made with the Clerk's Office for early room setup (audio /video equipment, etc.) on an individual basis. REFRESHMENTS AND CLEAN UP Refreshments may be served with prior approval by the City Clerk. No city facilities or supplies may be used in the preparation and /or serving of refreshments. The bottled water at City Hall is paid for by city employees for their own personal use and is not available for the public or meeting attendees. It is your responsibility to clean the area used. Absolutely no alcoholic beverages are permitted. Remember that you are not the only people using city meeting room facilities. Please be respectful of others when entering and leaving the building and confine your activities to the room you have reserved. 5:\Clerk \07 City Departments \ClerkDepttMTG_RM_POLICY.doc Rev. 01/09 -13- DATE Soldotna City Clerk's Office 177 N. Birch St. Soldotna, Alaska 99669 907- 262 -9107 Fax 907- 2624389 Room Reservation Request Form Please complete and return to the City Clerk's Office prior to room use, NAME OF ORGANIZATION: Representative Responsible /Contact Person: Mailing Address: Phone No. Fax No. E -Mail Subject, purpose or type of meeting: Posted: 1* Yes Title of Meeting: Check room(s) requested: ED Council Chamber fl Conferenpe Room (downstairs) Meeting Date: in Attendance: Beginning Time: Ending Time: The undersigned agrees that he /she and the organization that will use the room will indemnify, defend and hold harmless the City of Soldotna, its employees and officers from any and all claims for injuries or damages of any nature arising out of the use of the rooms or facilities granted under this application. The undersigned and the organization for whom the application is made accept all responsibility and obligation for use of the and determining their condition premises for y t121r dCi c� nt,�uii a5 being safe for use by applicants' organization or group and assumes all responsibilities /duties of the City of Soldotna to maintain the premises in a safe condition during applicants' use and to insure that the premises are used in a proper safe manner and in accordance with all laws and regulations pertaining to use of the facility. Remember that you are not the only people using city meeting room facilities. Please be respectful of others when entering and leaving the building and please confine your activities to the room you have reserved, Signature indicates that regulations have been read and the user agrees to all conditions and terms set forth therein. PRINT NAME SIGNATURE S: \Clerk\47 City DepartmentsiCierkDept \MTG_RM_POLICY,doc -14- Print Form Rev. 01109 MIKE BOYLE BOB MOLLOY (907) 283-0820 (907) 283-7373 mboyle@a,alaska.com bob TO: Mayor Porter Council Members Eldridge, Marquis, Moore, Smalley FROM: Mike Boyle Bob Molloy, Council Members DATE: May 13, 2010 SUBJECT: Ordinance 2479 2010 Substitute, Amendment to KMC 1.10 Establishing /Clarifying Use of Council Chambers Ordinance 2479 -2010 Substitute differs from the original in these ways: 1. Deletes the word "control" and restates the first sentence of proposed KMC 1.10.070 to read as follows: "Use of the Council chambers and the Clerk/Council conference room in the City Clerk's office shall be under the supervision of the City Clerk." 2. Modifies the categories of permitted users to include "groups working with City staff on a City- related issue" and "groups of whom the City is a member." These proposed modifications address the recommendations nos. 2 and 3 made in the City Manager's memo dated April 28, 2010, and other comments objecting to the word "control." The City Clerk has obtained information from other municipalities for Council's consideration. We respectfully request Council's support of Ordinance 2479 -2010 Substitute. \!lie rr'ly of UW11,1L�ASNA Sponsored by: Mayor Porter and Council Members Molloy and Smalley CITY OF KENAI ORDINANCE NO. 2480 -2010 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC CHAPTER 1.15, RULES OF ORDER, TO ESTABLISH THE FORM OF THE COUNCIL AGENDA AND SET THE ORDER OF BUSINESS, TO EXPLAIN THE CONSENT AGENDA AND LIST OF PENDING LEGISLATION, AND TO MAKE CONFORMING AMENDMENTS. WHEREAS, under Chapter 1.15 of the Kenai Municipal Code the City enacted legislation to detail procedures for exercising the City Council's legislative powers vested to it under its Charter; and, WHEREAS, KMC 1.15.050 sets forth recommended guidelines for conducting the order of business for City Council meetings; but, those guidelines do not reflect current practices of the Council; and, WHEREAS, it is in the best interests of the City to formalize the order of business of City Council meetings, including providing more specific notice to citizens about when they may address the Council at times other than during scheduled public hearings; and, WHEREAS, while the practice of the Council has been to dispose of routine business items through the use of a consent agenda, and while the municipal code references the use of a consent agenda, the Code does not currently outline specific procedures about how the consent agenda works; and, WHEREAS, providing additional information about how the Council manages its consent agenda will clarify the effect of action taken under the consent agenda and, at the same time, will better inform the public about how the business of the City of Kenai is accomplished; and, WHEREAS, the City has no express rules regarding how long items postponed or tabled should be maintained on the agenda and further guidance is necessary to advise the City Clerk in maintaining a list of pending legislation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Section 1.15.040 of the Kenai Municipal Code: The Kenai Municipal Code, Section 1.15.040, Agenda, is hereby amended as follows: New Text Underlined; [DELETED TEXT BRACKETED] -15- Ordinance No. 2480 -2010 Page 2 of 5 1.15.040 Agenda. (a) The Mayor or other Council Member, City Clerk, City Attorney, or City Manager may sponsor an ordinance for introduction or a resolution for adoption, and such ordinance or resolution shall be placed on the agenda of the regular Council meeting requested by the sponsor. (b) The Mayor or other Council Member, City Clerk, City Attorney, or City Manager may request that a discussion item be placed on the agenda of a regular Council meeting, and such discussion item shall he placed on the agenda of the regular Council meeting requested by the sponsor. (c) A member of the public may request that a matter be placed on the agenda subject to policies and procedures adopted under subsection (j). Being placed on the agenda on the "Scheduled Public Comment [PERSONS SCHEDULED TO BE HEARDJ" portion of the agenda does not limit or restrict the requestor's ability to speak on a different subject for which public comment is allowed. (d) A sponsor, all co- sponsors, proposer or requester may request that an item be removed from the agenda before the agenda is published under the policies and procedures adopted under subsection (j) and such item shall be removed from the agenda, unless the item has been carried over or postponed from a previous agenda. (e) The City Clerk shall prepare the agenda for each Council meeting after consultation with the Mayor and City Manager, subject to subsections (a) through (d). A draft agenda shall be circulated to the Mayor and other Council Members, and the City Manager. (I) Notice of the date, time, place, and [FINAL] agenda for each Council meeting shall be given to the public by publication in a newspaper of general circulation and by posting to the City's website and to the official bulletin board at City Hall under policies and procedures adopted under subsection (j). Additional public notice of meetings may be given by other means. (g) A meeting packet containing the [FINAL] agenda, all legislative items, and [ALL] supporting documentation for all agenda items shall be distributed to the Mayor, Council Members, and the City Manager. (h) The City Clerk shall cause a copy of the meeting packet to be posted on the City's website and to be provided to the Kenai Community Library, in order to be made available for public viewing under policies and procedures adopted under subsection 0). The City Clerk shall cause a paper copy or electronic copy of the meeting packet to be provided to any member of the public, or to any organization, upon request under policies and procedures adopted under subsection (j). At least one paper copy of the meeting packet shall be made available to the public at the meeting. (i) The City Clerk shall provide paper copies of any late materials to the Mayor, each Council Member, City Manager, and City Attorney. The City Clerk shall also make paper copies of late materials available to the public at the meeting. (j) The administration may [WILL] develop policies and procedures to implement this section, subject to review and approval of Council. New Text. Underlined; (DELETED TEXT BRACKETED -16- Ordinance No, 2480 -2010 Page 4 of 5 1�1 Those items on the agenda that are considered routine by the City Manager and the City Clerk shall be identified by an asterisk (or similar notation) next to the item as listed on the agenda and thereby included under that portion of the agenda. entitled "Consent Agenda." Unless a Council Member requests that an item, on the consent agenda be considered under the regular meeting agenda, and thus removed from the consent agenda, items listed as part of the consent agenda shall be considered, introduced, adopted, accepted, etcetera, as appropriate for the item listed on the agenda. by motion of the Council and roll call vote under "Call to Order, consent agenda approval." Those items approved under the consent agenda shall appear in the Council minutes as if acted upon individually. The Council shall consider an item removed from the consent agenda in its proper numerical order as indicated on the regular agenda. Ica If the Council desires to transact business out of its regular order, it may do so upon approval of a motion to suspend the rules, which motion must be approved by a two thirds vote of the Council members in attendance. In the alternative, as each agenda item comes up, a majority of the Council can at once lay it on the table and thus reach any question which it desires to dispose of first. (e) The City Clerk shall maintain a list of tabled and pending items. This list shall be stricken at the end of the meeting at which the certification of a regular election of any Council Member takes place. llf The administration may develop policies and procedures to implement this section, subject to review and approval of Council. fg) Failure to comply with the above policies and procedures or with any administrative policies will not invalidate any ordinance or Council action as long as there was a good faith effort at compliance by the City Clerk. Section 4. 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 5. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. New Text Underlined; [DELETED TEXT BRACKETED] -18- Ordinance No. 2480 -2010 Page 3 of 5 (k) Failure to comply with the above policies and procedures or with any administrative policies will not invalidate any ordinance or Council action as long as there was a good faith effort at compliance by the City Clerk. Section 3. Amendment of Section 1.15.050 of the Kenai Municipal Code: The Kenai Municipal Code, Section 1.15.050, Order of business, is hereby amended as follows: 1.15.050 Order of business. (a) The order of business for every regular meeting of the City Council shall [MAY] be outlined on an agenda [DEEMED TO BE MOST EFFECTIVE FOR REGULAR COUNCIL MEETINGS. THE ORDER OF BUSINESS MAY BE SPECIFIED BY A WRITTEN AGENDA OR CALENDAR OR OTHER CUSTOMARY DESIGNATION FOR SCHEDULING OF THE ORDER OF BUSINESS]. (b) The following shall be the order of business at the regular meetings of the City Council [A GUIDE FOR THE COUNCIL'S AGENDA, BUT NOT A MANDATORY FORMAT FOR THE ORDER OF BUSINESS, CAN BE AS FOLLOWS]: (1) Call to Order [ROLL CALL]: pledge of allegiance, roll call, and a[A]genda [APPROVAL,) and consent agenda approval (public comment shall be permitted on items included on the consent agenda); f21 Scheduled Public Comment (3) Unscheduled Public Comment; (4[2]) Public Hearings [(FOR ORDINANCES OR PROGRAMS AS ANNOUNCED)); 1_5_1 Minutes of Previous Meetings; [(3) PERSONS SCHEDULED TO BE HEARD; (4) CORRESPONDENCE (READING VERBATIM NOT REQUIRED IF COPIES DISTRIBUTED TO THE ENTIRE COUNCIL);] (6[5]) Unfinished [OLDI Business; (7[6]) New Business; [(7) REPORTS; (8) PERSONS PRESENT BUT NOT SCHEDULED TO BE HEARD.] 1_8_1 Commission and Committee Reports; f21 Report of the Mayor; (101 Reports from Administration; (111 Discussion: citizen discussion and Council Member discussion; (12) Executive Session (when applicable); (13) Pending Legislation; and, (14) Adjournment. New Text Underlined; (DELETED TEXT BRACKETED -17- Ordinance No. 2480 -2010 Page 5 of 5 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of May, 2010. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR New Text Underlined [DELETED TEXT BRACKETED] -19- Introduced: April 21, 2010 First Reading: May 5, 2010 Second Reading: May 19, 2010 Adopted: May 19, 2010 Effective: June 19, 2010 MEMO: TO: Council Members Boyle, Eldridge, Marquis, and Moore FROM: Bob Molloy (joined by Mayor Porter and Council Member Smalley) DATE: April 14, 2010 SUBJECT: Ordinance 2480 -2010, Amending Chapter 1.1 5, Rules Of Order, To Establish The Form Of The Council Agenda And Set The Order Of Business, To Explain The Consent Agenda And List Of Pending Legislation, And To Make Conforming Amendments Ordinance 2480 -2010 makes clarifications to how the Council's regular agenda is set, and provides Code authority for the new administrative policies and procedures that Council has been working on per Resolution No. 2010 -07, sponsored by Mayor Porter, with Vice Mayor Smalley as a co- initiator. Currently, the City's Code provides only loose guidelines to suggest an order of business. The City Attorney informs me that it is a common for municipal ordinances to mandate a specific order of business rather than just to provide general guidelines. In addition, the existing categories of agenda items listed in KMC 1.15.050(6) do not identify the categories of the City's business as conducted today and do not speak to all of the several opportunities during a Council meeting that members of the public have to address the Council. In addition to public hearings, the Council provides the public three other times to participate in a given Council meeting, including scheduled "scheduled public comment," "unscheduled public comment," and "citizen discussion." Currently, KMC 1.15.050(b) does not include any reference to "citizen discussion." It is appropriate to codify these opportunities for the public to speak, thereby giving greater assurance to the public that their individual and collective voices can be heard other than only at times of public hearing. The proposed ordinance adds a new subsection (c) to KMC 1.15.050 to better define how the consent agenda process works. It is not intended that the change would alter current practice. The list of agenda items and order of business (discussed above) also clarifies that the public has an opportunity to comment on items included on the consent agenda. This is also consistent with the proposed administrative policies which emerged from the Council work session on Resolution No. 2010 -07. -20- Because the ordinance amends subsection (b) of KMC 1..1.5.050 to mandate the order of business, rather than merely provide loose guidance, flexibility is needed to permit the Council to take matters out of order, as the Council sees fit. Thus, the ordinance adds a new subsection (d) to provide guidance to the Council about how to call up a matter out of the order published on the agenda. It explains the parliamentary procedure that applies to take up matters out of order without the need to research the rule each time. The ordinance adds a new subsection (e) that clarifies when pending matters should be removed from the agenda. The procedure identified in the new ordinance reflects accepted practices under Robert's Rules of Order, the City Attorney has said New subsections (f) and (g) to KMC L 1.5.050 are added to allow for the development of the administrative policies and procedures that we are working on under Resolution No. 2010 -07 and to caution that a failure to comply with any code or policy will not invalidate Council action so long as good faith efforts of compliance are made. These sections echo the same provisions in KMC 1.15.040, which we added to the Code last year. Finally, the ordinance changes wording in KMC 1.15.040 and .050 to be consistent with current usage and terminology and to make minor clarifications. For example, today, the Council uses the phrase "scheduled public comment" rather than the phrase `persons scheduled to be heard." Updating the terminology does not change the current practice or process; but, it will provide better notice to members of the public about their right to address the Council. It can be confusing when the Council and the City Clerk use one term, but another term is published in the Code describing the same process. The amended terminology is consistent with the administrative policies and procedures also being considered at the April 21 Council meeting under Resolution No, 2010 -07. I respectfully request your support of proposed Ordinance No. 2480 -2010. -21- Carol Freas From: Duane Bannock [d_bannock @hotmail.com] Sent: Tuesday, May 18, 2010 11:41 PM To: Mayor Porter; mboyle @alaska.com; bob©molloyforcouncil.com; hvsmalley©yahoo.com; barry_eldridge©yahoo.com; cpajoe©altrogco.com; ryan @marquisforkenai.com Cc: Carol Freas Subject: Ordinance 2480 -2010 Dear Mayor Porter and Council members, Thank you, again, for the time and consideration you've given to developing good policies for the Council Meeting and associated agenda. I have only one small comment on Ordinance 2480 -2010: Section 1.15.050 (b)(11) Discussion: citizen discussion and Council Member discussion When I think of the word "discussion" I envision a conversation between the citizen and Council member; is this what you had in mind? A type of back and -forth conversation? Perhaps my reading of "discussion" is wrong, but I believe that would be a new protocol from prior Council's direction. Please note: I have no objection to "discussion" as I've suggested, and if the Council chooses to move to that type of exchange, I'd welcome it and believe others would too. Perhaps the correct description might be 11 a. Additional Public Comments. In that context the citizen may address the Council but there is no expectation of a "Q&A Also 11 b. Council Member Comments may be appropriate. Thank you for allowing my 0.02 worth! Your dedication to good government is deeply appreciated. Duane Bannock 398 2316 Hotmail is redefining busy with tools for the New Busy. Get more from your inbox. See how. &,c 1 KENAI, ALASKA AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $111.94 IN THE GENERAL FUND FOR THE POLICE DEPARTMENT TO PURCHASE EQUIPMENT FROM ASSET FORFEITURE FUNDS PROVIDED TO THE CITY OF KEN?AI. WHEREAS, the Kenai Police Department works cooperatively with the Alaska State Troopers, Alaska Bureau of Alcohol and Drug Enforcement ABADE) in statewide drug enforcement efforts that directly impact the City of Kenai; and, WHEREAS, in April 2010, the City of Kenai received an asset forfeiture sharing check, totaling $111.94 from the State of Alaska ABADE unit; and, WHEREAS, acceptance of the funds obligates the City to expend the funds for law enforcement purposes only; and, WHEREAS, to meet its obligation, the Department intends to purchase investigative equipment, including a digital camera or camera accessories. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Grant PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of May, 2010. AI 1'EST: Increase Appropriations: Police Small Tools $111.94 Carol L. Freas, City Clerk Approved by Finance: CITY OF KENAI ORDINANCE NO. 2482 -2010 -22- Suggested by: Administration PAT PORTER, MAYOR New Text Underlined [DELETED TEXT BRACKETED] $11.1.94 Introduced: May S, 2010 Adopted: May 19, 2010 Effective: May 19, 2010 the KENAI. ALASKA M EMO: "Village with a Past, a 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: 4/28/10 SUBJECT: Request ordinance appropriating drug seizure funds. In April 2010, the Alaska State Troopers, Alaska Bureau of Alcohol and Drug Enforcement (ABADE) made an Equitable Sharing payment in the amount of $111.94 to the Kenai Police Department. These funds were related to asset forfeitures from two Kenai Peninsula defendants on a 2008 criminal case. Per the 2009, U.S. Department of Justice Equitable Sharing Guide, equitable sharing funds used by law enforcement shall be used for law enforcement purposes only. Permissible uses of the funds include, but are not limited to, law enforcement investigations, training, and equipment. We are permitted to purchase equipment which is used by law enforcement personnel that supports law enforcement activities. I am requesting an ordinance to appropriate these funds to the General Fund, Police Small Tools to help pay for police investigative equipment. The police department intends combine this check with previous asset forfeiture funds to purchase digital cameras and digital camera accessories. 1992 M «i7 of HENM.AALASIKA CITY OF KENAI ORDINANCE NO. 2453 -2010 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $190,000 IN THE CONGREGATE HOUSING CAPITAL PROJECT FUND FOR REPAIR OF DAMAGE CAUSED BY THE FIRE SUPPRESSION SPRINKLER SYSTEM FAILURE. WHEREAS, the dry pipe fire suppression system at the Congregate Housing facility experienced a failure in December 2009, and WHEREAS, repairs to the facility are expected to total $190,000; and, WHEREAS, the City has received a notice of coverage from the installing contractor's insurance carrier; and, WHEREAS, the full cost of repairs is expected to be recovered through the installing contractor's insurance or the City's own insurance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Congregate Housing Capital Projects Fund Increase Estimated Revenues: Insurance Restitution Increase Appropriations: Construction $190,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of May, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: j PAT PORTER, MAYOR New Text Underlined' [DELETED TEXT BRACKETED -24- $190,000 Introduced: May 5, 2010 Adopted: May 19, 2010 Effective: May 19, 2010 the eiYy of KENAI, ALASKA Rick, "Village with a Past, Ci' with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 I I I MEMO NM, M TO: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: April 27, 2010 SUBJECT: Ordinance No. 2483-2010 This Ordinance is to provide the funding to repair the insured water damage to the Vintage Pointe Senior housing. The damage was caused by a broken pipe fitting on December 21, 2009 in the dry sprinkler system, The leak occurred in the attic of the facility so damage occurred on three floors in both the hallways and apartments. A detailed damage assessment was completed on January 7, 2010. The project includes funds to develop bid documents so the construction may be competitively bid as required by the insurance company. Initial response charges have been included in the estimate. The full cost to complete the repair is expected to be recovered from insurance. -25- 1992 Project Name: Vintage Point Sprinkler Damage Repair Funding: Insurance Claim Account Number: 2. Construction Construction Costs Construction Title 36 General Requirements Crawl Space Hall 1st Floor Hall 2nd Floor Hall 3rd Floor Apartment 102 Apartment 103 Apartment 104 Apartment 105 Apartment 203 Inspection Apartment 205 Apartment 206 Apartment 303 Apartment 304 Contingency 15% Total Construction Cost: 3. Other Project Costs A. Inspection Const. Management (CA by Engineer) B. Administration Contract Admin. Const. Mngt. C. Construction Permits Inspections: E. Administration Advertising, Printing Public Notices Total Other Costs: STATEMENT OF PROBABLE COST CITY OF KENAI CAPITAL PROJECTS Description: Repair Sprinkler Water Damage on three floors and crawl space including: 1st floor Hall, 2nd Floor Hall, 3rd Floor Hall, Apartment 102, Apartment 103, Apartment 104, Apartment 105, Apartment 205, Apartment 206, Apartment 303, and Apartment 304. Apartment 203 will be re- inspected but it appears that the Apartment was dried out w/o permanent damage A/E Firm: Klauder Company Project Manager: Kevin Lyon PROJECT COST ESTIMATE Status 1. Repair Costs Preliminary Damage Report- Blazy Construction $1,500.00 Done initial Response Mizera's Steam Way $6,833.00 Done Initial Response Solie Construction replace waterlogged insulation $415.72 Done City Hours Estimated $2,797.20 Develop Bid Documents for Repair $15,000.00 Estimated Total $26,545.92 Total Project Cost: $190,000.00 -26- $15,485.06 $127,925.00 Estimate Blazy $1,044.00 $22,290.10 $22,309.65 $22,310.25 $6,678.50 $3,079.95 $7,476.15 $3,075.00 $243.00 $16,162.85 $2,909.12 $2,861.74 $1,999.63 $19,188.75 $127,925.00 $147,113.75 $2,640.33 $10,700.00 $0.00 $3,000.00 Date: 4120/2010 $16,340.33 mcca KENAI.ALA SKA CITY OF KENAI RESOLUTION NO. 2009 -68 Sponsored by: Council Member Molloy A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING THE ALASKA COASTAL COMMUNITIES GLOBAL CLIMATE CHANGE COMPACT AND SUPPORTING THE STATE OF ALASKA ENERGY POLICY AS PROPOSED BY THE TRI- BOROUGH COMMISSION. WHEREAS, people from Alaska coastal communities came together for the Alaska Coastal Gathering held in Homer, Alaska, on February 24 -26, 2009; and, WHEREAS, participants in the Alaska Coastal Gathering received presentations from scientists and experts regarding the causes and effects of global climate change and ocean acidification, and discussed with presenters the recommendations of the Intergovernmental Panel on Climate Change, one of the leading scientific bodies on global climate change; and, WHEREAS, presenters and participants in the Alaska Coastal Gathering discussed in detail the problem of ocean acidification and its impact on people living in Alaska's coastal communities whose economic life depends on a healthy ocean through the fisheries that provide food, jobs, and cultural identity to many Alaskans; and, WHEREAS, congressional staff gave a presentation to Alaska Coastal Gathering participants regarding pending legislation in Congress that could assist Alaska communities in reducing greenhouse gas emissions, saving money, and developing sustainable economies; and, WHEREAS Alaska Coastal Gathering participants also received presentations from experts regarding the potential for development of renewable energy in Alaska, such as wind, solar, geothermal, hydro, and ocean energy generation, and regarding the economic opportunities for Alaska's coastal communities in making a transition from "business as usual" to a more sustainable economy; and, WHEREAS, participants in the Alaska Coastal Gathering also developed statements, positions, and recommendations by consensus to form the content of the Alaska Coastal Communities Global Climate Change Compact; and, WHEREAS, several Alaska municipal governments have adopted resolutions supporting the Alaska Coastal Communities Global Climate Change Compact (Compact), including the Kenai Peninsula Borough, the City of Homer, the City of Seward, the City and Borough of Sitka, the City of Petersburg, the City of Dillingham, and the City of Gustavus; and, WHEREAS, the City of Kenai recognizes the importance of the oil and gas industry as an integral part of the energy sector of the global economy, and further supports that all renewable and non renewable energy sources remain on the table for policymakers -27- Resolution No. 2009 -68 Page 2 of 4 in the development of viable energy plans as part of any long -term approach to mitigate the adverse effects of climate change while maintaining a vibrant economy; and, WHEREAS, the Tri- Borough Commission, comprised of the Mayors of the Kenai Peninsula Borough, Matanuska Susitna Borough, and Municipality of Anchorage, established a task force in September 2007 to develop an energy policy and strategic goals document; and, WHEREAS, the task force met repeatedly from September 2007 through January 2008 to develop, through a consensus process, a proposed State Energy Policy; and, WHEREAS, the State of Alaska Energy Policy, as proposed by the Tri- Borough Commission, asks the State of Alaska actively to: ann promote the development of nonrenewable energy resources, including natural gas, coal, oil, gas hydrates, heavy oil and nuclear; promote the development of renewable energy resources, including tidal, wave, hydropower, geothermal, solar, wind, and biomass; pursue, promote and reward energy efficiency; promote the rational development of resources and infrastructure sufficient to meet the state's growing energy demand, while contributing to the national energy supply, thus reducing dependence on international energy sources; promote energy security for its economy; seek solutions that address global climate change; and, seek to develop flat priced, zero fuel cost energy resources as part of a diversified supply portfolio; WHEREAS, the Tri- Borough Commission set specific goals and criteria for energy efficiency in public construction, for use of zero -fuel renewable energy resources, and for per capita residential energy conservation; and, WHEREAS, the City of Kenai recognizes that Homer Electric Association's Sustainable Natural Alternative Power program called "SNAP" makes small -scale solar, wind, geothe ial or biomass power more cost effective for customers, and connects customers who want to produce alternative power with other local members who want to support the development of new, renewable energy and that this is a type of local program that contributes to a sustainable local economy and that is encouraged by the Compact; and, WHEREAS, the City of Kenai has initiated its own efforts to support a sustainable local economy by enacting an ordinance allowing for the construction and siting of wind energy systems in the City of Kenai, thereby supporting the development of renewable wind energy in the City of Kenai, a type of local initiative that the Compact encourages; and, -28- Resolution No. 2009 -68 Page 3 of 4 WHEREAS, the City of Kenai also has initiated a lighting system replacement program to replace older lights in the City's streetlights with LED lights to improve the City's energy efficiency, a type of local program that the Compact encourages; and, WHEREAS, the City of Kenai applied for and was awarded a grant under the Energy Conservation Block Grant Program to fund a lighting system replacement project at the City's Multipurpose Facility to improve energy efficiency in that building and to reduce energy consumption, again a project that the Compact encourages; and, WHEREAS, the City of Kenai has recognized the importance of a clean Kenai River to its cultural identity and to the economic health of commercial, sport and subsistence fishing activities, tourism, and recreation and, therefore, the City has supported limitations on the use of two stroke engines on river boats in the Kenai River, another type of local action that the Compact encourages; and., WHEREAS, the City of Kenai also recognizes that its cultural identity and economic health depend in part on healthy ocean resources that support commercial, sport and subsistence fishing activities, tourism, and recreation; and, WHEREAS, the City of Kenai received a presentation by Dr. Ian Dutton, President and CEO of the Alaska SeaLife Center, concerning the adverse effects of climate change and ocean acidification, the importance of support of the Compact by Alaska coastal communities such as the City of Kenai, and the energy industry's need for any new laws imposing carbon taxes or "cap and trade" requirements to apply universally to all producers, both foreign and domestic; and, WHEREAS, any federal 'cap and trade" or carbon tax legislation should apply universally to all oil and gas producers, foreign and domestic, and not solely to domestic producers in Alaska and elsewhere in the United States, so that jobs are preserved and so that domestic refineries do not re- locate to foreign countries; and, WHEREAS, the Compact supports the utilization of proceeds from any federal "cap and trade" or carbon tax legislation that may be adopted by the U.S. Congress to fund initiatives in Alaska, but does not endorse specific bills pending in the U.S. Congress; and, WHEREAS, the City of Kenai recognizes the benefits of networking with other Alaska coastal communities on issues of climate change and ocean acidification, including lobbying Alaska's congressional delegation to help influence the content of any federal legislation. NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the City of Kenai supports the Alaska Coastal Communities Global Climate Change Compact and supports the State of Alaska Energy Policy as proposed by the Tri- Borough Commission. -29- Resolution No. 2009 -68 Page 4 of 4 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 19th day of May, 2010. ATTEST: Carol Freas, City Clerk -30- PAT PORTER, MAYOR °h'°/ KEKfs ALASKA CITY OF KENAI RESOLUTION NO. 2009 -68 SUBSTITUTE Sponsored by: Council Member Molloy A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING ACTIONS BUILDING AND MAINTAINING A SUSTAINABLE COMMUNITY WITHIN THE CITY OF KENAI, AND SUPPORTING NETWORKING WITH LOCAL GOVERNMENTS ON THE KENAI PENINSULA. WHEREAS, participants from several Alaska coastal communities developed statements, positions, and recommendations by consensus to form the content of the Alaska Coastal Communities Global Climate Change Compact (Compact) in order to address issues of climate change, ocean acidification, renewable energy, work -force development, and infrastructure affecting Alaska coastal communities; and, WHEREAS, several Alaska municipal governments adopted resolutions supporting, and became signatories to, the Compact, including the City of Homer, the City of Seward, the City and Borough of Sitka, the City of Petersburg, the City of Dillingham, and the City of Gustavus; and, WHEREAS, the City Council of the City of Kenai held several public hearings on the issues of signing the Compact and supporting the State of Alaska Energy Policy as proposed by the Tri- Borough Commission, and heard numerous public comments that were made by many persons during these hearings; and, WHEREAS, testimony taken during the public hearings regarding the Compact, and the Council discussions thereafter, demonstrated general concerns that other statements in the Compact implied its support of cap and -trade legislation that might be harmful to the oil- and -gas industry, which industry is an important component of the City's economic health and of the economic welfare of many of the City's citizens; and, WHEREAS, while there was vigorous disagreement about other statements in the Compact and about climate change and its causes, testimony taken during the public hearings generally supported the State of Alaska Energy Policy as proposed by the Tri- Borough Commission; and, WHEREAS, in Resolution No. 2010 -16, the Council of the City of Kenai, Alaska then supported Senate Bill Number 220, the Alaska Sustainable Energy Act; and, WHEREAS, testimony taken during the public hearings on the Compact and the State of Alaska Energy Policy recommended that the City of Kenai network with other communities while supporting its current economic base; focus on local action to diversify the local economy; support energy efficiency; and take advantage of emerging -31- Substitute Resolution No. 2009 -68 Page 2 of 3 economic opportunities (renewable energy and others) in order to provide a continuing and new source of personal livelihoods for the City's residents for the future; and, WHEREAS, after hearing vigorous debate of the issues, and following the Council discussions thereafter, the Kenai City Council determined on January 20, 2010, the City of Kenai would not sign the Compact; and postponed the amended resolution presenting the issues in order to develop an additional public process for further public input on these public policy issues; and, WHEREAS, in order to develop that additional public input, the City of Kenai held a Town Hall Meeting on May 8, 2010, to address the question of what policies, initiatives, and actions the City of Kenai should support in order to continue building a sustainable community able to facilitate employment opportunities, economic stability, environmental responsibility, energy efficiency, and quality of life for its residents; and, WHEREAS, the major recommendations from the public at the Town Hall Meeting included recommendations that the City: Foster communication through collaborative, engaged decision making processes; Explore and encourage efficient use of energy, including renewable sources; and, Promote and facilitate economic development. NOW, THEREFORE BE IT RESOLVED. BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that 1. The City of Kenai supports the development of renewable wind energy in the City of Kenai in accordance with its ordinance allowing for the construction and siting of wind energy systems, and encourages ideas for other local renewable energy applications; and, 2. The City of Kenai will review, discover, and, subject to the policy directions of the Council, pursue reasonable opportunities available to the City under the Alaska Sustainable Energy Act or other State of Alaska energy policies, including grants for energy efficiency projects for city buildings where appropriate; technical assistance related to appropriate residential and commercial building energy codes and energy efficiency standards; opportunity for participation in a statewide fuel purchasing cooperative; and other opportunities relevant to maintaining a sustainable City of Kenai; and, 3. The City of Kenai supports the development of a process for joint meetings of leaders of local governments on the Kenai Peninsula, which joint meetings should -32- Substitute Resolution No. 2009 -68 Page 3 of 3 foster communication through a collaborative, engaged decision making process as recommended by public testimony at the public hearings and by the citizens at the Town Hall Meeting; and, 4. The City of Kenai will continue its efforts to support community dialogue on building and maintaining a sustainable community in the City of Kenai, able to facilitate employment opportunities, economic stability, environmental responsibility, energy efficiency, and quality of life for its residents. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 19th day of May, 2010. ATTEST: Carol Freas, City Clerk -33- PAT PORTER, MAYOR TO: }ROM: DATE: SUBJECT: BOB MOLLOY (907) 283 -7373 (VOICE) 283 -2835 (FAX) bob @molloyforcouncil.com Mayor Porter, Council Members Boyle, Eldridge, Marquis, Moore, Smalley Bob Molloy 05-13-10 Resolution. No. 2009 -68 Substitute: A Resolution Of The Council Of The City Of Kenai, Supporting Actions Building And Maintaining A Sustainable Community Within The City Of Kenai, And Supporting Networking With Local Governments On The Kenai Peninsula Resolution No. 2009 -68 Substitute is a proposed substitute for the former amended resolution supporting the Alaska. Coastal Communities Global Climate Change Compact (Compact) and the State of Alaska Energy Policy as proposed by the Tri- Borough Commission. The City Council heard substantial and numerous public comments, both written and in- person, at council meetings on 12- 02 -09, 12- 16 -09, 01- 06 -10, and 1- 20 -10. What emerged from public hearings was a movement to find common ground and points of agreement relating to the debate and discussion over these important public policy issues of mutual concern. After hearing vigorous debate of the issues, and following the Council discussions thereafter, the City Council determined on January 20, 2010 that the City of Kenai would not sign the Compact; and postponed the amended resolution in order to develop an additional public process for further public input on these public policy issues. In order to develop that additional public input, the City of Kenai held a Town Hall Meeting on May 8, 2010, to address the question of what policies, initiatives, and actions the City of Kenai should support in order to continue building a sustainable community able to facilitate employment opportunities, economic stability, environmental responsibility, energy efficiency, and quality of life for its residents. The major recommendations from the public at the Town Hall Meeting included recommendations that the City; Foster communication through collaborative, engaged decision making processes; Explore and encourage efficient use of energy, including renewable sources; -34- and, Promote and facilitate economic development. This proposed substitute resolution references the substantial and numerous public comments received at the public hearings and the public input from the Town Hall Meeting. If approved, by this substitute resolution, the City of Kenai would make the following policy statements: 1. The City of Kenai supports the development of renewable wind energy in the City of Kenai in accordance with its ordinance allowing for the construction and siting of wind energy systems, and encourages ideas for other local renewable energy applications; and, 2. The City of Kenai will review, discover, and, subject to the policy directions of the Council, will pursue reasonable opportunities available to the City under the Alaska Sustainable Energy Act or other State of Alaska energy policy, including grants for energy efficiency projects for city buildings where appropriate; technical assistance related to appropriate residential and commercial building energy codes and energy efficiency standards; opportunity for participation in a statewide fuel purchasing cooperative; and other opportunities relevant to maintaining a sustainable City of Kenai; and, 3. The City of Kenai supports the development of a process for joint meetings of leaders of local governments on the Kenai Peninsula, which joint meetings should foster communication through a collaborative, engaged decision- making process as recommended by public testimony at the public hearings and by the citizens at the Town Hall Meeting; and, 4. The City of Kenai will continue its efforts to support community dialogue on building and maintaining a sustainable community in the City of Kenai, able to facilitate employment opportunities, economic stability, environmental responsibility, energy efficiency, and quality of life for its residents. This Substitute differs from the amended resolution, and there has been significant public interest in these issues. After the public hearing and council debate on 5- 19 -10, my intent is to ask Council to support a postponement of Resolution No. 2009 -68 Substitute to a meeting in July 2010 for additional public hearing. Postponement will allow sufficient time for additional public comment. I respectfully request that Council support a postponement and Resolution No. 2009 -68 Substitute. -35- CITY OF KENAI RESOLUTION NO. 2010 -26 Suggested by: City Council A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, URGING THE UNITED STATES DEPARTMENT OF ENERGY TO EXPEDITIONSLY APPROVE A TWO YEAR EXTENSION OF THE KENAI LIQUID NATURAL GAS (LNG) EXPORT LICENSE. WHEREAS, the Kenai LNG Plant has been operating safely and efficiently for more than. 40 years and is currently the only significant industrial user of natural gas in southcentral Alaska; and, WHEREAS, the Kenai LNG Plant received a two -year extension of its export license in March 2009, which will expire in March 2011; and, WHEREAS, there is ample room under the current export license volume limit of 99 trillion BTUs such that no additional authorization for volumes is needed, only additional time; and, WHEREAS, the Kenai LNG Plant is a significant economic engine for the Kenai Peninsula Borough and the cities of the Kenai Peninsula, and it generates approximately $130 million in economic benefits to the state and local economies each year; and, WHEREAS, the LNG facility supports about 60 direct jobs and is estimated to support 50 indirect jobs, all of which account for an estimated $17 million in personal income; and, WHEREAS, the production of gas for feedstock to the LNG facility and the sale of LNG generate about $60 million in royalties and taxes for the State of Alaska and the Kenai Peninsula Borough; and, WHEREAS, the LNG plant provides gas supply stability for Southcentral Alaska by backing up gas supplies, thereby serving as a virtual storage facility for local utilities during periods of peak demand on cold days or when disruptions occur in the gas supply system; and, WHEREAS, currently, there is no real alternative to the back -up gas supply provided by the LNG plant although additional storage options are being investigated, encouraged, and pursued, but to date these remain potential options for the future; and, WHEREAS, the LNG plant helps drive investment in resource development in Alaska; resources developed for the LNG plant can and will be used during the life of the LNG plant and may continue even if exports are discontinued in the future to meet local demand; and, maintaining natural gas demand is vital to the economics of gas exploration and development throughout Alaska; and, -36- Resolution No. 2010 -26 Page 2 of 2 WHEREAS, preservation of the LNG plant infrastructure maintains options for use of the plant in the future to help meet natural gas demands of Southcentral Alaska; and, WHEREAS, there is an excess of gas deliverability beyond local needs, which if not exported, may be shut in likely resulting in lost reserves and lost deliverability further jeopardizing the ability to meet peak winter demands; and, WHEREAS, the Alaska Department of Natural Resources, on March 15, 2010, declared it has committed, under the terms of the LNG settlement agreement, of 2007, to work with the Kenai LNG Plant owners and stated it recognizes the importance of the LNG export facility for the market and economy of the Cook Inlet and wants to see the facility stay in operation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: SECTION 1. The Kenai City Council supports a two -year extension of the Kenai LNG export license. SECTION 2. The Kenai City Council urges the United States Department of Energy to expeditiously approve a two -year extension of the Kenai LNG export license. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of May, 2010. ATTEST: Carol L. Freas, City Clerk -37- PAT PORTER, MAYOR Bidder Base Bid Alt Price 100' Total Bid D L Construction $58,576.80. $2,343.00 $117,151.80 G H Construction $56,000.00 $1,755.00 $99,875.00 Holden Com.an. $46,476.00 $1,944.00 $96,076.00 WHEREAS, the following bids were received on May 12, 2010: ann, CITY OF KENAI RESOLUTION NO. 2010 -27 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT TO HOLDEN COMPANY FOR THE PROJECT ENTITLED KENAI SOUTH BEACH DUNES PROTECTION 2010 FOR THE TOTAL AMOUNT OF $62,028.00. WHEREAS, Holden Company's bid is the lowest responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, the recommendation from the City Administration is to award the contract to Holden Company for the total cost of 62,028.00; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the contract for the project entitled Kenai South Beach Dunes Protection 2010 is awarded to Holden Company for the total amount of $62,028.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of May, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: -38- PAT PORTER, MAYOR KENAJI AA L ASKA Rick, Tillage with a Past, Gi y with a Fatare 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 II Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 II It MEMO 1 NDUM TO: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: May 12, 2010 SUBJECT: AWARD OF CONTRACT; Kenai South Beach Dunes Protection 2010 This project will provide for 3,300 LF of dune protection on the south beach of the Kenai River. This project is funded by the American Recovery and Reinvestment Act and is administered by the U.S. Department of the Interior Fish and Wildlife Service. The project was bid with a base bid of 2500 LF and a price for each additional 100 LF. On May 12, 2010 bids for the project were opened and 3 bids were received. These bids have been reviewed and it has been determined that Holden Commpany was the lowest responsive bidder. The bid documents were complete and responsive and sufficient funds are available to award the Base Bid of 2,500 LF and an additional 800 LF of dunes protection to the project: The attached is Resolution 2010 -27 recommending award of the contract to Holden Company for the total cost of $62,028.00. -39- 1992 the IC NALAALASKA CITY OF KENAI RESOLUTION NO. 2010-28 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, RECOGNIZING THE ACHIEVEMENTS OF GOVERNOR WALTER "WALLY" J. HICKEL, HIS CONTRIBUTIONS TO ALASKA, AND EXPRESSING SINCERE CONDOLENCES TO HIS FAMILY. WHEREAS, Governor Walter J. Hickel died at the age of 90 on May 7, 2010; and, WHEREAS, Walter "Wally" Hickel, nearly penniless, arrived in Anchorage in 1940 and taking advantage of the State's rapid growth following World War II founded a successful construction company and amassed significant real estate holdings; and, WHEREAS, Walter Hickel was a staunch supporter of Statehood and was instrumental in the State receiving 104 million acres of Alaska from the Federal Government as a component of the Statehood Agreement; and, WHEREAS, Governor Hickel was elected to his first term as Alaska's Governor in 1966 and during his term, he worked to improve relations with Alaska Natives by supporting the resolution of Native Land Claims and he oversaw the discovery of oil at Prudhoe Bay; and, WHEREAS, Governor Hickel was confirmed by the U.S. Senate as Secretary of the Interior on January 23, 1969 and proved to be a strong environmentalist, supporting laws that placed liabilities on oil companies operating offshore oil production facilities as well as demanding strict environmental safeguards on Alaska's growing oil industry; and, WHEREAS, Governor Hickel was again elected as Alaska's Governor in 1990 and during his term oversaw the clean-up and response to the Exxon "Valdez" oil spill; and, WHEREAS, Walter Hickel campaigned tirelessly for the rights of, and opportunities for, all Alaskans, including the provision in the Alaska Constitution stating, "It is the policy of the State to encourage settlement of its land and the development of its resources by making them available for maximum use consistent with public interest."; and, WHEREAS, Governor Hickel was an Alaskan leader and visionary, whose presence will be forever missed; and, WHEREAS, Governor Hickel is survived by his wife Ermalee (Strutz) Hickel, six sons, 21 grandchildren, and seven great grandchildren. -40- Resolution No. 2010 -28 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the City of Kenai, Alaska recognizes the achievements of Governor Walter "Wally" J. Hickel, his contributions to Alaska, and expresses its sincere condolences to his family PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of May, 2010. ATTEST: Carol L. Freas, City Clerk -41- PAT PORTER, MAYOR Bidder Annual Lease Fee Fuel Flowage Fee Jackson Enterprise, Inc $250.00 $0.05 /Gallon the arty of KENA ALASKA A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, 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. WHEREAS, one responsive bid was received on May 12, 2010 from Jackson Enterprises, Inc. for the period May 26, 2010 through September 30, 2012; and, WHEREAS, the bid amount received was as follows: WHEREAS, the City Administration has determined that this bid met all requirements. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City Manager is authorized to enter into an agreement for the Lease and Operations of Fuel Dispensing Equipment at the Kenai Municipal Dock with Jackson Enterprises, Inc., for the period May 26, 2010 through September 30, 2012. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19TH day of May, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: CITY OF KENAI RESOLUTION NO. 2010-29 -42- Suggested by: Administration PAT PORTER, MAYOR the c i t y af KENAI, ALASKA "K /laye with a Past, Ci y with a Futisre FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 ext 221 FAX: 907- 283 -3014 To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: May 13, 2010 Re: Lease and Operation of Fuel Dispensing Equipment Agreement for the Kenai Municipal Dock. The Administration solicited bids for vendors to lease and operate the fuel dispensing equipment and the Kenai Municipal Dock for the period May 26, 2010 through September 30, 2012, An invitation to bid was published in the Peninsula Clarion on April 30, 2010 and May 4, 2010 and Anchorage Daily News on April 29, 2010 and May 4, 2010. The City received one responsive bid from Jackson Enterprises, Inc. The bid amounts by Jackson Enterprises, Inc. were the City established minimum values. Those values were a minimum annual lease fee of $250.00 and a minimum concession fee of $0.05 per gallon of fuel sold. As part of the agreement, Jackson Enterprises, Inc. shall purchase the existing fuel in the tanks at a price equal to the market value on May 26, 2010. Having met the City established minimums it is recommended the City enter into the agreement. -43- the nYy of KENA ALASKA CITY OF KENAI RESOLUTION NO. 2010 -30 Suggested by: City Attorney A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, 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 VIOLATON OF SAME. WHEREAS, under Alaska Statute 29.35.010, municipalities have the general power to enforce ordinances, to prescribe a penalty for violation of an ordinance, and to sue and be sued; and, WHEREAS, from time to time, the City has assessed a civil penalty for violations of its Codes but the violator refuses to pay the penalties; and, WHEREAS, the City of Kenai has enacted ordinances for the protection of health and safety and to regulate land use in the City, including KMC, Chapter 9.10 relating to garbage and other refuse, Chapter 12.10 relating to nuisances, Chapter 12.20 relating to miscellaneous offenses such as deposit of refuse, debris and junk, noxious weeds, excavations and ice boxes, Chapter 12.25 relating to abandoned vehicles, and Chapter 13.05 relating to imposition of general penalties for violation of City codes; and, WHEREAS, the City of Kenai, though KMC Chapter 14.20, Kenai Zoning Code, has also adopted ordinances regulating land use and providing for imposition of enforcement and abatements orders for violation of that chapter and providing for assessment of civil penalties for violations of KMC 14.20 and 12.20 and 12,25; and, WHEREAS, from time to time, the City is presented with violations of its Code and despite attempts to obtain compliance, persons refuse to voluntarily comply with the Code and with the City's requests and demands for compliance; and, WHEREAS, violations of these ordinances have a negative impact on the property, health, and safety of the citizens of the City of Kenai and this impact is immediate and ongoing; and, WHEREAS, the City Attorney must sometimes react quickly to violations of these ordinances to prevent loss to property and to reduce the impact to the health and safety of the City of Kenai citizens and visitors to the area; and, WHEREAS, legal action by the City can include asking a court to enjoin behavior or compel action to remedy the violation and /or to order payment of penalties imposed; and, -44- Resolution No. 2010 -30 Page 2 of 2 WHEREAS, although formal legal action is not the City's preferred method of collection and Code enforcement, the Council recognizes that it is occasionally necessary to institute suit where the City's efforts to obtain compliance with the Code and/or to obtain payment have been unsuccessful. NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT, The City Attorney is hereby authorized to institute a suit or suits in the name of the City of Kenai for the enforcement of the City's health, safety, and related land use codes (KMC Chapters 9.10, 12.10, 12.20, 12.25, 13.05, 14.20) and is further authorized to do any and all things necessary to prosecute such suit or suits to final judgment by settlement or adjudication and without seeking further City Council approval. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 19th day of May, 2010. ATTEST: Carol Freas, City Clerk -45- PAT PORTER, MAYOR LA KEENAI, ALASKA MEMO: TO: Mayor Porter and City Councilors FROM: Krista S. Stearns, City Attorney DATE: May 13, 2010 SUBJECT: Resolution 2010-30 CouncilMemoAuthSuit051210 "VU/aye with a Past; Gi y with a Future 210 Fidalgo Avenue Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 FAX: 907 -283 -3014 IV 1992 At the April 7, 2010 City Council meeting, the Council authorized the City Attorney to file suit against Chester Soares and Gus and Janice Rodes to enforce City land use codes and to collect penalty assessed for violation of City Code. As part of that discussion, the Council expressed a preference to provide the City Attorney with a general authorization to file such suits without bringing what are routine collection and enforcement matters to Council each time legal action may be necessary. Accordingly, I have presented a draft resolution for your consideration. Council should keep in mind that with any lawsuit, there is always a possibility that the C could become responsible City cuulu uccuinc responsrorc for payment of a cost and fee award to the opposing party if it brings a lawsuit and is not successful. The Legal Department, of course, screens matters to examine the merits of any matter referred by administration and whether formal legal action is warranted or likely to he successful; but, it is impossible to predict with certainty the outcome of a lawsuit. Please also recognize that formal legal action is not the preferred method of collection or enforcement. By the time the administration refers these matters to the Legal Department, administration has typically made a considerable effort in trying to obtain the owner's or the occupant's voluntary compliance with the Code. The Legal Department may also renew requests for voluntary compliance before filing suit, as determined on a case -by -case basis depending upon the facts presented. Finally, I will continue to keep the Council apprised of legal action through periodic communications to Council about ongoing work of the Department. May 20, 2010 Ms. Dawn Holland Williams Records {'a Licensing Supervisor Alcoholic Beverage Control Board 5848 East Tudor Road Anchorage, AK 99507 -1286 RE: LIQUOR LICENSE RENEWAL Matson Winery, I y a Ma At its regular meetin of the liquor licen on unpaid taxes, d Matson Winery, Inc. P,c Supp CI Carol L. Freas City Clerk clf cc: Kenai Borough Clerk KPB Finance Department Applicant Council considered the following renewal d no objections to the renewal(s) based premises to the City. nery (License #4676) at 283 -7535, extension 231. -47- May 3, 2010 Ms. Dawn Holland Williams Records Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, Alaska 99507 -1286 Re: Application for Renewal of Dear Ms. Williams: Type: Winery License 4676 DBA: Matson Winery Supply Owner: Matson Winery Inc, Location: 6383 Kenai Spur Hwy., Kenai, AK Sincerely, Johni Blankenship CMC Borough Clerk c: Applicant City of Kenai KPB Finance Department KENA! PENINSULA BOROUGH 144 North Binkiey Street 0 Soldotna, Alaska 99669 -7520 PHONE: (907) 714 -2160 FAX: (907) 714 -2356 Toll-free within he Borough: 1-600-47B-4441, Ext 2160 EMAIL: assermhiyrlerk .@horough.Kerwi.ak,es JOHN¢ BLANKENSHIP, CMC BOROUGH CLERK uor License -48- 4676 REC EivE MAY -3 ?010 Y cLe Please be advised that the Kenai Peninsula Borough has reviewed the following liquor license renewal application and has no abjection to the continued operation of the liquor license for the establishment within the City of Kenai, Alaska: The Kenai Peninsula Borough Finance Department has reviewed Its files and has raised no objection based on unpaid or delinquent taxes. ITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING MAY 5, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http:/ /www.ci.kenai.ak.LIS 1. Pledge of Allegiance 2, Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) *All items listed with an asterisk are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 1. Ordinance No. 2479 -2010 Amending KMC Chapter 1.10, The Council, to Add a New Section Establishing Procedures for the Use of Council Chambers and the City Clerk's Conference Room. 2. Ordinance No. 24-80 -2010 Amending KMC Chapter 1.15, Rules of Order, to Establish the Form of the Council Agenda and Set the Order of Business, to Explain the Consent Agenda and List of Pending Legislation, and to Make Conforming Amendments. Ordinance No. 2481 -2010 Increasing Estimated Revenues and Appropriations by $150,000 in the Personal Use Fishery Capital Projects Fund. 4. Resolution No. 2010 -25 Authorizing Budget Transfers for Costs in Excess of Budgeted Amounts in the City's General Fund. -49- 5. *Liquor License Renewal Kenai Landing, Inc., d /b /a Kenai Landing Beverage Dispensary Tourism Seasonal (License #4355) ITEM E: MINUTES 1. *Regular Meeting of April 21, 2010. 2. *April 19, 2010 Budget Work Session Notes 3. *April 20, 2010 Budget Work Session Notes ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2482 -2010 Increasing Estimated Revenues and Appropriations by $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. 5. Discussion Schedule Budget Work Session 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 -50- 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. 2009 -68 Supporting the Alaska Coastal Communities Global Climate Change Compact. and Supporting the State of Alaska Energy Policy as Proposed by the Tri- Borough Commission. (Clerk's Note: At the January 20, 2010 Council Meeting, Resolution No. 2009 -68 was amended and reconsideration of the resolution was postponed to the May 19, 2010 council meeting. The motion to adopt is active.) Resolution No. 2010 -15 Opposing House Bill Number 266. (Clerk's Note: At its March 3, 2010 meeting, Council postponed Resolution No. 2010 -I5, 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 -51- Ryan Marquis Robert Molloy Mike Boyle Hal Smalley, Vice Mayor Barry Eldridge ITEM A: CALL TO ORDER VOTE: VOTE: KENAI CITY COUNCIL REGULAR MEETING MAY 5, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us VICE MAYOR HAL SMALLEY, PRESIDING Vice Mayor Smalley 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 Vice Mayor Smalley led those assembled in the Pledge of Allegiance. A -2. ROLL CALL The City Clerk took roll. Present were: Absent were: Mayor Pat Porter and Council Member Joe Moore. A quorum was present. Also present: Student Representative Maya Johnson A 3. AGENDA APPROVAL MOTION: Council Member Eldridge MOVED to approve the agenda as presented and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. There were no objections. SO ORDERED. A -4. CONSENT AGENDA MOTION: Council Member Eldridge MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. MINUTES -52- KENAI CITY COUNCIL MEETING MAY 5, 2010 PAGE 2 There were no objections. SO ORDERED. Vice Mayor Smalley congratulated Council Member Marquis on his graduation from Kenai Peninsula College on May 4, 2010. Vice Mayor Smalley presented a proclamation to Student Representative Maya Johnson for Mayor Porter thanldng her for her work on the Council and wishing her good luck at Dartmouth College. ITEM B: SCHEDULED PUBLIC COMMENTS None ITEM C: UNSCHEDULED PUBLIC COMMENTS None Vice Mayor Smalley recognized Soldotna City Council Member Peggy Mullen. ITEM 0: D -1. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2479 -201.0 and Council Member Boyle SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Council Member Molloy indicated his intent to postpone Ordinance No. 2479 -2010 to the May 19, 2010 meeting to allow for full council consideration, and noted the following suggestions: Wanted a code rather than a written policy to increase transparency and support the Clerk in allowing conference room use. Would like to clarify "control" in a discussion with the full council. Would like to clarify restriction on usage. Requested the Clerk bring a memo to the next meeting regarding usage in other cities. 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 KMC Chapter 1.10, The Council, to Add a New Section Establishing Procedures for the Use of Council Chambers and the City Clerks Conference Room. -53- Marquis Yes Molloy Yes Bo le Yes Porter ABSENT It Yes Moore ABSENT Eldrid:e Yes Marquis Yes 1 Molloy Yes Yes Boyle Moore Yes ABSENT I Porter ABSENT Smalley Eldridge Yes I KENAI CITY COUNCIL MEETING MAY 5, 2010 PAGE 3 Council Member Molloy MOVED to postpone Ordinance No. 2479 -2010 to the May 19, 2010 meeting for a second public hearing. Council Member Marquis SECONDED the motion. VOTE TO POSTPONE: *Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. D -2. Ordinance No. 2480 -2010 Amending KIM 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. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2480 -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. Student Representative Johnson spoke in support of the ordinance. MOTION: Council Member Molloy MOVED to postpone Ordinance No. 2480 -2010 to the May 19, 2010 meeting for a second public hearing. Council Member Marquis SECONDED the motion. VOTE TO POSTPONE: *Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. -54- Marquis Yes Molloy Yes Boyle Yes Porter ABSENT Smalley Yes Moore ABSENT Eldridge Yes KENAI CITY COUNCIL MEETING MAY 5, 2010 PAGE 4 D -3. Ordinance No. 2481 -2010 Increasing Estimated Revenues and Appropriations by $150,000 in the Personal Use Fishery Capital Projects Fund, MOTION: Council Member Eldridge MOVED to adopt Ordinance No. 2481-2010 and Council Member Marquis SECONDED the motion. The floor was opened for public hearing. Robert Peters, Old Town, Kenai Spoke in favor of the ordinance and recommended a plaque be placed near the bridge at Meeks Crossing. There being no one else wishing to speak, the public hearing was closed. City Manager Koch noted Administration would be replacing the bridge at Meeks Crossing, welcomed information to be used for a sign, and noted Representative Kurt Olson was the catalyst for acquiring the funding for the project. VOTE: *Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. D -4. Resolution No. 2010 -25 Authorizing Budget Transfers for Costs in Excess of Budgeted Amounts in the City's General Fund. MOTION: Council Member Eldridge MOVED to approve Resolution. No. 2010 -25 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. It was noted the resolution would not affect budget planning. VOTE: There were no objections. SO ORDERED. D -5. *Liquor License Renewal Kenai Landing, Inc., d /b /a Kenai Landing Beverage Dispensary Tourism Seasonal (License #4355) -55- KENAI CITY COUNCIL MEETING MAY 5, 2010 PAGE 5 Approved by consent agenda. ITEM E: MINUTES E-1. *Regular Meeting of April 21, 2010 Approved by consent agenda. E-2. *April 19, 2010 Budget Work Session Notes Approved by consent agenda. E -3. *April 20, 2010 Budget Work Session Notes Approved by consent agenda. ITEM F: BREAK TAKEN: 7:26 P.M. BACK TO ORDER: 7:40 P.M. VOTE: UNFINISHED BUSINESS None ITEM G: NEW BUSINESS 0-1. Ratification of Bills None G-2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Eldridge MOVED to approve the purchase orders exceeding $15,000 and requested UNANIMOUS CONS Council Member Marquis SECONDED the motion. There were no objections. SO ORDERED. G -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. Introduced by approval of the consent agenda. G -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, -56- KENAI CITY COUNCIL MEETING MAY 5,2010 PAGE 6 Introduced by approval of the consent agenda. G -5. Discussion Schedule Budget Work Session General discussion took place. A budget work session was scheduled for Monday, May 24, 2010 at 6:00 p.m. in Council chambers. A light meal was requested. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging Council Member Boyle reported the meeting would be held May 13, 2010. H -2. Airport Commission Airport Manager Bondurant reported the meeting would be held May 13, 2010. H -3. Harbor Commission Council Member Smalley reported the next meeting would be held May 10, 2010. H -4. Library Commission Council Member Boyle reported the Library would be closed for three weeks starting June 6, 2010, the groundbreaking ceremony was a success, code policy would be drafted and the meeting schedule would not change. H.5. Parks Recreation Commission Council Member Boyle reported there would be a work session on the park on Marathon Road. Planning Zoning Commission Council Member Eldridge reviewed the minutes from the April 28, 2010 meeting included in the packet. 11-7. Miscellaneous Commissions and Committees H -7a. Beautification Committee Parks and Recreation Director Frates reported the Committee would meet on May 11, 2010. H -7b. Alaska Municipal League Report Vice Mayor Smalley reported meetings would be held in Juneau on May 7 and 8, 2010. H -7c. Mini -Grant Steering Committee No report H -7d. Kenai Convention Visitors Bureau Council Member Boyle reported on the May 3, 2010 Board meeting, the commendation received by Laura Forbes and the Board was investigating cell phone tour possibilities for Old Town. H -7e. Reports of KPB Assembly, Legislators and Councils Vice Mayor Smalley invited Soldotna Council Member Peggy Mullen to speak. -57- KENAI CITY COUNCIL MEETING MAY 5, 2010 PAGE 7 Peggy Mullen, 355 Lingonberry, Soldotna Noted she was attending to investigate web streaming for Soldotna City Council meetings, and suggested the Kenai and Soldotna Councils meet see twice yearly to discuss regional issues. Vice Mayor Smalley reported on the May 5, 2010 Kenai Peninsula Borough Assembly meeting held in Seward. ITEM I: REPORT OF THE MAYOR Vice Mayor Smalley noted the following: Read a memorandum from Mayor Porter requesting the park on Marathon Road be named Daubenspeck Park. Reported on the Library Expansion groundbreaking ceremony, noting representatives from the offices of Senator Begich, Congressman Young, Senator Murkowski, Representative Olson; and Representative Wagoner attended, along with representatives from the Rasmuson Foundation and family. ITEM J: ADMINISTRATION REPORTS J -1. City Manager Koch reported the following: The packet included a history of the Daubenspeck donations to the City. Senators Begich and Murkowski were working with him on the Water Resource Development Act for funding on the Bluff Erosion project. He was working on a lease for the flight service station. Representatives from the Rasmuson Foundation visited the Kenai Visitors and Convention Bureau, the Russian Orthodox Church, Senior Center Vintage Pointe Manor, the historical cabins, and the Lee Shore Center on May 3, 2010. Senate Bill 230, which included $1.5 million dollars for the Kenai Community Library, would be forwarded to the Governor for consideration. Noted interest in the Float Plane Basin at the recent Air Show in Anchorage. Noted Administration would be proceeding with platting surrounding the Float Plane Basin in phases. J -2. Attorney City Attorney Stearns noted the following: She reviewed her memorandum included in the packet related to public hearing requirements. She would be proceeding with a non judicial foreclosure due to non- payment since 2008. She attended the Alaska Bar Convention, receiving over ten hours of continuing education, and attended the Board of Governors meeting where she was elected its Vice President. -58- KENAI CITY COUNCIL MEETING MAY 5,2010 PAGE 8 J -3. City Clerk City Clerk Freas noted the following items: She reviewed the memorandum included in the packet related to members of the Planning Zoning Commission who had not yet submitted the 2010 Public Official Financial Disclosure Statement. She noted, since preparation of the memorandum, Commissioner Romain had submitted his form. Commissioner Wells had not yet submitted his foini. Thanked the Mayor and Council for the flowers received by Freas and Deputy City Clerk Hall celebrating Municipal Clerk's Week. She met with the Region i Division of Elections Supervisor Alyce Houston during the week where she learned schools were no longer being used for precincts, which would not affect any City precinct locations. Houston was scoping out other locations for several Peninsula precincts. Because of preliminary discussions at the Borough level related to by- mail elections, the discussion would come to the Council in the future. She noted, if it was decided to move to Borough by -mail elections only, it would affect the City elections. She would keep Council informed of the progress of the discussions. ITEM K: DISCUSSION K -1. Citizens Robert Peters, Old Town, Kenai Thanked Student Representative Johnson for her service to the community. K -2. Council Eldridge Wished Student Representative Johnson well in the future. Johnson Noted she enjoyed the learning experience of working with Council and noted Kenai Central High School graduation would be May 17, 2010. Marquis Congratulated City Attorney Stearns on her election' thanked Peggy Mullen for attending; congratulated the graduates of Kenai Peninsula College, noting 2010 was the largest graduating class to date; and, noted May 10, 2010 would be the 50th birthday of the City of Kenai. Molloy Congratulated Marquis on graduation, thanked Peggy Mullen for attending, and read a poem to Student Representative Johnson. Boyle Congratulated Stearns, Marquis and Johnson. Smalley Congratulated Stearns, Marquis and Johnson, and thanked Peggy Mullen for attending. EXECUTIVE SESSION None Scheduled -59- KENAI CITY COUNCIL MEETING MAY 5, 2010 PAGE 9 ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Resolution No. 2009 -68 Supporting the Alaska Coastal Communities Global Climate Change Compact and Supporting the State of Alaska Energy Policy as Proposed by the Tri- Borough Commission. (Clerk's Note: At the January 20, 2010 Council Meeting, Resolution No. 2009 -68 was amended and reconsideration of the resolution was postponed to the May 19, 2010 council meeting. The motion to adopt is active.) Resolution No. 2010 -15 Opposing House Bill Number 266. (Clerk's Note: At its March 3, 2010 meeting, Council postponed Resolution No. 2010 -15, no time certain. The motion to adopt i is active.) Resolution No. 2010 -23 Opposing "An Initiative Creating an Alaska Anti Corruption Act" Which Will be on the 2010 Alaska Primary Election Ballot. (Clerk's Note: At its April 7, 2010 meeting, Council postponed Resolution No. 2010 -23 to its July 7, 2010 meeting. The motion to adopt is active.) ITEM M: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 8:40 p.m. Minutes submitted by: D Garin T 4. rtca S, '..1Ly L4cLil *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, -60- Council present: Council absent: Staff present: COUNCIL WORK SESSION MAY 8, 2010 5:00 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR PAT PORTER, PRESIDING NOTES P. Porter, M. Boyle, R. Molloy, B. Eldridge, R. Marquis J. Moore, H. Smalley R. Koch, K. Stearns, M. Bondurant, R. Craig, R. Prates, W. Ogle, K. Lyon, M. Kebschull, N. Carver, C. Hall, T. Eubank, C. Cunningham, G. Sandahl Open Work Session Mayor Porter called the work session to order at approximately 5:00 p.m. Discussion To Hall Meeting Facilitator Susan Glaser introduced herself and her partner, Peter Glaser, and reviewed the process that was followed in the Town Hall meeting at the Challenger Learning Center beginning at 9:00 a.m. that day. She noted approximately 24 citizens attended the meeting from 9:00 12 :00 and brainstormed many ideas on the question: "What policies, initiatives and actions should the City of Kenai support in order to continue building a sustainable community that is able to facilitate employment opportunities, economic stability, environmental responsibility, energy efficiency and quality of life for its residents?" Glaser then noted from 1:00 5:00, staff worked to consolidate those ideas into 5 7 bullets to present to Council. The seven bullet points follow: I. Foster Communication through Collaborative, Engaged Decision Maldng Processes Bring Organizations Together to Problem Solve 2. Promote and Facilitate Economic Development Promote a Sustainable Tax Base by Encouraging Business and Industry Support Year -Round Industry that Employs Residents of All Ages. Promote Tourism 3. Facilitate the Redevelopment of a Downtown City Center Including Quality Pedestrian Access Build -up /Repair Existing Infrastructure Encourage Utilization of Vacant Buildings 4. Explore and Encourage Efficient Use of Energv, Including Renewable Sources Wind /Tides Geothermal -61- Curbside Recycling 5. Promote and Facilitate Community Health, Wellbeing and Wellness Community Gathering Spaces Indoor Sports Facility /Playground Water Quality Healthy Activities for Kids Enhance Senior Environment 6. Protect Residential Neighborhoods and Green Spaces Buffer Strips Between Residential and Commercial 7. Support Public Transportation Initiatives Including Bike Paths, Ride Share, Mass Transit Beaver Loop Bike Trail (Pedestrian Pathway) Once these were presented, Council requested the seven bullet points be included in the packet for the May 19, 2010 Council meeting. Adjournment The work session ended at approximately 6:25 p.m. Notes prepared hy: Corene Hall, CMC, Deputy City Clerk -62- f Z 0 J U z 7 0 U W Z o z N U O LL v a rz z w O w co z ILI z I� a c p i U a z W cn to w co co 4 05 10 co co W h. 0) 0 U) 0 0 7 7 7 O O O O E E K 2 -63- 0 a O z w J w CC w 0 0 Co CD z C 5 co C7 z U- 0 0 Co CC Sc w 0 p x N W 0 F U in o 06 m 0 0 0 0 CD 0 0 a. a -64- I- a 0 0 0 ar M 0 0 0 U) 0 a w 1Y h c# f KENA� SKA MEMO: "Village with a Past, Ci with a Futw'e 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 TO: Rick Koch, City Manager FROM Wayne Ogle, Public Works Director/ DATE: May 13, 2010 SUBJECT: Fine Arts Building (816 Cook Avenue) Roof Repair Rick, The Fine Arts Building has experienced significant roof leaks this spring. The Fine Arts Guild had contracted for roof repairs in 2005. Apparently this repair did not fully address leak issues. There was no warranty given for this work. We have requested proposals for roof repairs from local roofing contractors. Two roofing contractors submitted quotes for repairs. One contractor, after examining the job site, declined to submit a quote. The lowest quote was offered by a local roofing contractor, Dam Roofing. Dam Roofing offers a comprehensive roof repair that will eliminate water ingress from the roof. They also offer a 10 year warranty for the repair. The Building Official and I believe that the roofing repair proposal to the Fine Arts Building by Dam Roofing is an excellent value to the City. We have worked with Dam Roofing previously and have been impressed with the quality of their work. lac city of KENAl, ALASKA TO: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: May 13, 2010 Rick, "Village with a Past, Gc with a Mare -66- 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 I I 1992 MEMO DUM SUBJECT: PURCHACE ORDER OVER $15,000; Personal Use Fishery Capital Project Meeks Trail This project is funded by Ordinance 2481 -2010. The Youth Restoration Corps is a nonprofit cooperative partner and involves local youth in service learning, conservation /restoration projects which benefit communities. As such the Meeks trail portion of the project is eligible for their participation. The proposal by the Youth Restoration Corps to improve the 750 lineal foot trail includes building a 48" wide crown gravel trail bordered by 3" x 4" side board wood base and includes culvers water bars to t future trail includes uca Culrvc�a and SiJa t ici bars w prevent iilii3re ril ua erGSiGii. All materials have been donated to the Youth Restoration Corps for use on their projects including the typar fabric, PVC culverts, water bars and side boards for this project. This PO is to cover the $3,100 daily cost for the projected timeline of seven days and provides all labor and equipment required to place the material. KENAI, ALASKA AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 201D 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 12,938,848 Enterprise Funds: Congregate Housing Capital Projects Management Fund CITY OF KENAI ORDINANCE NO. 2484 -2010 New Text Underlined [DELETED TEXT BRACKETED] -67- Suggested by: Administration 585,070 162,342 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 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: PAT PORTER, MAYOR New Text Underlined' [DELETED TEXT BRACKETED] -68- Introduced: May 19, 2010 Adopted: June 2, 2010 Effective: July 1, 2010 hcc 'c/ KENAV u CITY OF KENAI 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 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] -69- 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: Lc PAT PORTER, MAYOR New Text Underlined; DELETED TEXT BRACKETEDI -70- $591,268 Introduced: May 19, 2010 Adopted: June 2, 2010 Effective: June 2, 2010 heu'yof KENAALASKA To: Rick Koch, City Manager X From: Terry Eubank, Finance Director Date: May 11, 2010 Re: Ordinance 2485 -2010 "Tillage with a Past, Ci i with a Future if 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 be 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, or the incre 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 $3,871,91826, 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 °d Council Meeting. A suggested amendment will be prepared for the June 2 Council Meeting to fill in the two blanks. The suggested amendment is not anticipated to include any change to the appropriation amount. -71- he c of KE ALAIASKII 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 $8,552.95 ($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: General Fund Increase Estimated Revenues: State Grant Police PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of June, 2010. A'I'i'EST: Increase Appropriations: Police Overtime $8,552.95 Carol L. Freas, City Clerk Approved by Finance: CITY OF KENAI ORDINANCE NO. 2486 -2010 -72- Suggested by: Administration PAT PORTER, MAYOR $8,552.95 Introduced: May 19, 2010 Adopted: June 2, 2010 Effective: June 2, 2010 the city of KENAI, ALASKA MEMO: "Village with a Past, Ci y with a Mare" 111r•I 1997 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: 5/12110 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. (lie cit of KENAI. ALASKA 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 54,569.75 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, RE 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 ATTEST: $8,569.75 Increase Appropriations: Police Overtime $8,569.75 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of June, 2010. Carol L. Freas, City Clerk Approved by Finance: -74- PAT PORTER, MAYOR Introduced: May 19, 2010 Adopted: June 2, 2010 Effective: June 2, 2010 the c of KEN \ALASKA MEMO: "Kilaye with a Past, Ci y with a Future I `�IL I 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 1992 the ciH or 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 confirmation 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} -76- 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 board 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.] 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 d Canvassing Board recommend of the the Vculr cto Jlll�,. uVCU to reCGiuillZr♦ a recount ui u ie results Vl Ltle precinct or precincts for that portion of the returns in question. (c) In order to be counted, absentee ballots which are mailed must he 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 BRACKETED] _77_ 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. fc) 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] _78_ Ordinance No. 2488 -2010 Page 4 of S 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. Jf) 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 -79- Ordinance No. 2488 -2010 Page 5 of 5 (c) The Clerk 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 (1) 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 _80- PAT PORTER, MAYOR Introduced: May 19, 2010 Adopted: June 2, 2010 Effective: 2010 RE: the city c f KENAI ALASKA voting. Mayor and Council. Members TO: FROM: Carol L. Freas, C Clerk DATE: May 14, 2010 MEMO *.NDUM Ordinance No. 2488.20I0 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 fo 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 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 will affect voting rights, will require the review of the Department of Justice. Upon adoption of the ordinance, a copy of the ordinance, along with required back -up documents will be promptly forwarded to the Department for its review. The Department will have 60 days to conduct its review and, if there is no additional information requested, forward a non objection letter back to this office. Upon receipt of the non objection letter from the Department, 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 the non objection letter is not received prior to mid September (when absentee voting mailings begin), the current election materials will be used (return envelopes, number of witnesses required, etc.) for the October election. If you have any questions, please contact me. "frViaye with a Past, Cc with a Futare 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 Fax: (907) 283 -3014 www.ci.kenai.ak.us -81- THIRTY -DAY END DATE Saturday, June 12, 2010 (move to Monday, June 14, 2010) COUNCIL MEETING DATE (within 30 -day requirement) Wednesday, June 2, 2010 NOT WITHIN THE 15 -DAY NOTICE PERIOD. SIXTY -DAY END DATE Monday, July 12, 2010 June /July Council Meeting Dates within the 60 -day period* June 2, June 16 and July 7, 2010 TO: t/e city oil KENAALASKA FROM: Carol L. Freas, Cit Clerk City of Kenai DATE: May 13, 2010 RE: Mayor and Council. Members "Village with a Past, CL y with a Future' 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 Fax: (907) 283 -3014 www.ci.kenai.ak.us MEMORANDUM Appeal of Planning 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. A letter was filed with this office on Thursday, May 13, 2010 appealing the Planning Zoning Commission's denial of PZ1.0 -07 at its April 28, 2010 meeting. Although the Letter of Appeal also refers to PZ10 -08 (request for a variance permit), that item had been withdrawn by the applicant at the Commission meeting. KMC 14.20.290(b)(1), "Appeals Board of Adjustment" provides, (1) The Board of Adjustment shall ordinarily set a date for and hold a hearing on all appeals within thirty (30) days of the filing of the appeal. However, should the thirtieth day fall on a weekend or a municipal holiday, the hearing may be scheduled for the next following weekday which is not a municipal holiday under KMC 23.40,020(a)(l) (10) and (b), For good cause, the Board of Adjustment may hold the hearing up to sixty (60) days after the filing of the appeal. Notice of the time and place of such hearing shall be mailed to all parties interested and to all property owners within 300 feet of the property involved at least fifteen (15) days prior to the hearing. Notices to the appellant and /or applicant for the action or determination must be sent by certified mail, return receipt requested. Please set a Board of Adjustment hearing for the above referenced matter using the following information: *Attorney Steams will be out of the office from June 1 -11, 2010. Note: There were comments from council after the last more controversial hearings that future hearings of more controversial nature should be held separate from council meeting dates. cif -82- Sunday:_ Monday Tuesday Wednesday Thursday Niday Saturda 1 Library Commission Meeting, 7p, Council Chambers 7 CITY COUNCIL MEETING. 7P, COUNCIL CHAMBERS 3 5 6 7 Harbor Commission Meeting, 7p, Council Chambers 8 9 PLANNING ZONING COMMISSION MEETING, 7P, COUNCIL CHAMBERS 1 0 Airport Commission Meeting, 7p, Council Chambers Council an Aging Neeting, 7p, Senior Center 11 12 13 14 15 A, p 1_ 0 1 1 y( 16 CITY COUNCIL MEETING, 7P, COUNCIL CHAMBERS 17 18 1.4 20 21 22 23 PLANNING ZONING COMMISSION MEETING, 7P, COUNCIL CHAMBERS 24 25 26 27 28 29 30 May 2010 S NUT W T G S Jul 2010 S M T y' T P 5 I 2 3 4 5 -6 7 9 10 II .12 t3 14 15 16 17 IS 19 2l) 21 22 23 24 25 20 27 21 29 30 3l 1 2 3 4 5 6 7 8 9 II 11 12 IS 14 15 16 J7 18 19 20 21. 22 23 24 25 26 27 28 29 30 31 June 2010 COUNCIL /COMMISSION MEETING CALENDAR -83- Sunday Monday Tuesday 'Wednesday y R� Saturday Parks Recreation Commission Meeting,7p, Council Chambers Jun 201 S M T W T p Ann2111 r 7 3 4 6 7 5 4 10 II i2 ;3 14 15 16 17 It 19 20 21 22 23 24 2926 2728 29 311 3 4 5 6? 0 4 10 ;I 12 17 13 15 10 17 18 19 20 2i 22 23242525 29 30 it 4 1 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 Center 9 10 11 12 Harbor Commission Meeting, 7p, Council Chambers 13 Beautification Committee Meeting, 7p, Council Chambers 14 PLANNING ft ZONING COMMISS MEETING, 7P, COUNCIL CHAMBERS 15 Advisory Cemetery re— NO MEETING SCHEDULED. 16 17 18 19 20 21 CITY COUNCIL MEETING. 7P, COUNCIL CHAMBERS 22 cNI N 24 C�j 26 27 28 PLANNING S ZONING COMMISSION MEETING, 7P, COUNCIL CHAMBERS ?9 30 31 July 2 COUNCIL /COMMISSION MEETING CALENDAR -84- KENAI,ALASKA MEMO: "Village with a Past, Gr. with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 �lo, Telephone: 907 283 -7535 FAX: 907 283 -3014 lip! I I 1992 TO: City Council V" i FROM: Rick Koch DATE: May 13, 2010 SUBJECT: Town Hall Meeting Collaborative Leadership Training The purpose of this correspondence is to submit information for your review and discussion regarding the two items referenced above. Town Hall Meeting The Town Hall Meeting was held at the Challenger Learning Center on Saturday, May 8 There were 27 participants attending which were not Council members or City staff. Of the 27 participants, 17 (63 reside in the City of Kenai, and 10 (37 reside outside the municipal boundaries. Also attending were five Council members. Dr S and Peter Glaser provided a g e ne ral o of the process designed to foster broad communication resulting in the identification of items /areas of consensus. Following the Glaser's introduction City staff members facilitated discussion in the individual groups. We were able to have four discussion groups, three groups with seven participants and one group with six participants. Staff did an outstanding job. The work was meaningful and the process resulted in the majority of the participants feeling their issues and comments were heard and considered. Following individual group discussion and the formulation of consensus points, staff and the Glaser's worked through the product from the individual group discussions to identify the overall consensus items, which were presented to the Kenai City Council at a work session that evening. It is my intent to hold a minimum of one meeting per year to engage the community in this type of collaborative process, as well as employing other processes to solicit additional community -85- input. It is also my intent to enhance the distribution of information to the public. The additional methods to solicit and distribute information may include: 1. Scientific telephonic public opinion poll (annual) 2. Facebook Page 3. Feature on City Website encouraging individuals to ask the city manager questions Collaborative Leadership Training The training was held on Friday May 7` at the Challenger Learning Center. Training began at 9AM and was completed at approximately 3PM. Three Council members also participated in the training. With little or no modification, City Staff will utilize the process we learned to include the community in the formation of the new comprehensive plan. Attached please find the following information for your review: 1. Town Hall Meeting Consensus Topic /Suggestions 2. Town Hall Meeting Results from Group Discussions 3. Info Item Dittman Research Poll 2007, What do you consider the most important issue facing the City of Kenai today? 4. Memo from Cunningham to Koch Collaborative Leadership Outcomes from Staff Training S. Staff Comments regarding Training Town Hall Meeting -86- TOWN HALL MEETING May 8, 2010 "What policies, initiatives and actions should the City of Kenai support in order to continue building a sustainable community that is able to facilitate employment opportunities, economic stability, environmental responsibility, energy efficiency and quality of life for its residents Consensus Topics /Suggestions 1. Foster Communication through Collaborative, Engaged Decision Making Processes Bring Organizations Together to Problem Solve 2. Promote and Facilitate Economic Development Promote a Sustainable Tax Base by Encouraging Business and Industry Support Year -Round Industry that Employs Residents of All Ages. Promote Tourism 3. Facilitate the Redevelopment of a Downtown City Center Including Quality Pedestrian Access Build -up /Repair Existing Infrastructure Encourage Utilization of Vacant Buildings 4. Explore and Encourage Efficient Use of Energy, Including Renewable Sources Wind /Tides Geothermal Curbside Recycling 5. Prom Otcc and Facilitate Community Health, vveil`ueing and vvellrless Community Gathering Spaces Indoor Sports Facility /Playground Water Quality Healthy Activities for Kids Enhance Senior Environment 6, Protect Residential Neighborhoods and Green Spaces Buffer Strips Between Residential and Commercial 7, Support Public Transportation Initiatives Including Bike Paths, Ride Share, Mass Transit Beaver Loop Bike Trail (Pedestrian Pathway) -87- GROUP #1 Other Brainstorming Ideas: TOWN HALL MEETING May 8, 2010 "What policies, initiatives and actions should the City of Kenai support in order to continue building a sustainable community that is able to facilitate employment opportunities, economic stability, environmental responsibility, energy efficiency and quality of life for its residents Results from Individual Group Discussions 1. Prioritize Renewable Energy 16 Points Renewable Energy Wind /Tides Set Goal for Renewable Energy Encourage Alternative Fuels Using Biomass Support Homeowners with Alternative Energy Systems Geothermal Development 2. Residential Buffered from Commercial —8 Points Green Buffer Strips Between Residential and Commercial Initiate Zoning to Protect Communities 3. Sports Stadium/ Community Gathering with Focus on Teen Activities 4 Points Covered Sports Stadium for Community and Schools Kids Gathering Places for Teens 4. Water Quality —3 Points Rainwater Catchment and Filtering for Home U Water Quality S. Natural Gas for Vehicles 3 Points 6. Develop City Center —3 Points 7. Promote Agriculture, Greenhouses and Education 2 Points City /Borough Polity Promote Agriculture Community Green House Greenhouses and Nutrition Education in All Schools 8. Encourage Local Food Classes for Hunter /Gathering —1 Point 9. Support Production and Manufacturing, not Just Retail 10. Manufacturing Using Recyclable Materials —1 Point 1. Transportation Continue Bike Trails: Sterling, Kasilof, Nikiski Provide Public Transportation: Kenai /Soldotna Loop -88- Passenger Rail Anchorage to Homer Through Nikiski and Kenai 2. Utilize Facilities for Added Financial Security 3. Less Government 4. Continue Bike Trails 5. Support Artists 6. Encourage Youth Employment 7. Develop Personal Use Fishery 8. Handle Crime 9. Daylighting in Buildings 10. Beautify City to Promote Tourism 11. Develop Electric Motors for Boats and Manufacture Locally 12. Emergency Preparedness Food /Water GROUP #2 1. Make the City a Model of Energy Efficiency 9 Points Start Curb Side Recycling Services Protect the Kenai River and Watershed Expand Fire Wise Program and Re -use Materials as Marketable Products Reducing Un- necessary Commercial Lighting Improve Quality of Water 2. Economic Development -9 Points Support Year -Round Industry that Employs Residents of All Ages Support Private Enterprise and Entrepreneurs Through Services, Incentives and Financing Have a Longer View of Economic Base Promote Sustainable Tax Base by Encouraging Business and Industry "Drive the Top Line" 3. Programs That Promote Health and Well- Being 7 Points Improve Senior Housing District Planning. Assisted Living Support Public Health Process for Strategic Approach to Community Health and Improvements. MAPP Mobilizing Action through Planning and Partnership Healthy Activities for Kids 4. Planned Zoning 6 Points Plan Zoning with Public Input Encouraging Green Strips and Conservation Land within City Stop Sprawl Towards Soldotna Improve Communication on Zoning Issues to the Public Promote the Attractiveness of our City by Removing and Eliminating the Burned Out Buildings, Derelict Trailers and Abandoned Office Buildings 5. Transportation All Modes —3 Points Increase Public Transportation Including Year -Round Opport unities to Walk and Bike Beaver Loop Bike Trail or Reduced Speed Limit 6. Utilize the Strong School System and College 2 Points -89- Other Brainstorming Ideas: 1. More Financial Support for Boys Girls Club 2. Focus on Dip Net Parking Situation, Beach Access 3. Prepare for the Opportunities on the West Side of Inlet 4. Support Food Self Sufficiency 5. Encourage Economic Growth Through Utilizing Airport Facilities, Fire Training Ground, Challenger Facility and by Partnering with Chamber 6. Support Initiative for Building Dome (Inside Exercise Facility) 7. Things that Encourage People to know their Neighbors 8. City Community Center GROUP #3 1. Develop A Downtown Kenai City Center with Walking Mall 6 Points Develop a City Center that includes a Walking Mall Develop Downtown Kenai into City Center 2. Responsibility for Health at a Personal and Community Level 6 Points Help People Take Responsibilities for their Personal Health and Recognize the Importance of it Access to Mental Health Care for the Un- Insured and Medicare People 3. Change Culture of City Government from Closed /Adversarial to Open and Collaborative 5 Points 4. Create City Commission for Sustainability 3 Points 5. Look for Ways to Say "Yes" 3 Points 6. Teamwork Resources (Bring Organizations Together to Problem Solve) 3 Points 7. City Perform Energy Audit to Reduce Carbon Footprint and increase Sources (Uses) of Renewable Energy 2 Points 8. More Green Spaces, More Trees Leave More Wild Spaces Plant More Trees 9. Promote Industry with Small Locally Owned Businesses -2 Points Promote Education from Preschool to Upper Ed 10. Better Balance Between Economic Development and Quality of Life 1 Point 11. Be more Aware of Environmental Toxins -1 Point Other Brainstorming Ideas: 1. Development 2. Preserve Farm Land for Food Security 3. Analyze the Entire Effect of the Dipnet Fishery on the City of Kenai 4. Seek Retail and Industry Development 5. Provide Recycling Stations in Various Locations 6. Promote Sustainable and Regulated Public Transportation from Taxis to Large Systems -90- 7. Increase Public Understanding of Energy, Security Challenges and Opportunities {Renewable Energy) 8. Enact Small no- Electric Sign Ordinance 9. Promote Green Jobs 10. Encourage Taxpayer Shopping in Kenai 11. City Partner with HEA to Hold Energy Sustainability Fair 12. Think 100 Years in Policy Statement 13. Promoting Older and Neglected Industries Such as Canneries and Commercial Fishing 14. Promote Public Awareness of Global and Local Climate Change and Ocean Acidification 15. Focus on Quality of Life Issues Such As: Impact of Airport on Neighborhoods, Green Space Not Parks, Water, Community Building GROUP #4 1. Collaboration in Decision Making Process —12 Points Correct Balance between Business and Residential Interests Encourage Collaborative Decision Making Process Draw Police into Community Building Process 2. Repair Existing Infrastructure, Buildings and Businesses before Expanding -8 Points Build -up and Repair Existing Infrastructure Focus on Incentives to Utilize Vacant Buildings Supporting Existing Businesses /Organizations before Expanding and Seeking New Ones 3. Public Transportation 7 Points 4 Lane Highway Kenai to Soldotna Ride /Share Public Transportation Bus System 4. Health arnd'v"vcifarc 3 Points Multi- Purpose Family /Community inside Playground Safe Places for People to Be Enhance Senior Environment Walkable /Bikeable Environment, Encourage Kids Fitness Campaign to Reduce /Eliminate Drug Use and Domestic Violence Pedestrian Friendly City for Kids/ Street -Safe More Vibrant Neighborhood Block Parties Neighborhood Watch 5. Tourism -3 Points Tourism Promote Walking Tour of Old Kenai Keep Kenai Landing Open Year Round 6. Encourage Beautification 2 Points Encourage an aesthetics More Parks Beautify Old Town and Honor Historical Kenai -91- More Flowers Through -Out Kenai 7. Attract Clean Industry —1 Point Other Brainstorming Ideas: 1. Don't Change Anything 2. Stress Educational Opportunities for All Age Groups 3. Transition to an New Energy Economy 4. What Can Be Produced Locally Instead of Buying from China Local Foods 5. Minimize Outsourcing 6. Encourage Education in State and Graduates to Stay 7. All Property in City Limits to be City or Privately Owned 8. Better Control of Dipnet Crowd -92- Economic considerations (41 such as "economic growth "jobs "lack of shopping","taxes", and "cost of living" topped the list of concerns of the residents of the City of Kenai. "Education" (9 "social concerns" (7 and "bluff erosion /Kenai River" concerns were also often mentioned (7 followed by "roads" (5 On the other hand, one out of twenty respondents (5 could not come up with an issue and said "everything is good now f1 Question: What do you consider the most important issue facing the Ciq of Kenai today? 41% 24% Economy; economic growth; need more businesses /industry 6% Lack of shopping opportunities 5% Need more jobs 4% Tax issues (i.e. no increases, loss of tax base, taxes too high, revenue from Borough not enough) 2% Cost of living (Le. high fuel prices, gas cost increases, electric costs up) 9% Education 7% Social concerns (i.e. drugs /alcohol, senior care, lack of youth activities, crime, healthcare, low income services needed) 7% Bluff erosion /Kenai River concerns 5% Roads (Le. paving, finish bridge, traffic, sidewalk plowing) 4% Fishing issues 4% Negative regarding city government (i.e, lack of zoning, unfair mobile home inspections, misuse of resources) 3% Clean -up; city beautification; Old Town 2% PERS/TERS 2% Water; poor quality of city drinking water 2% Miscellaneous (bear safety, brain injury awareness, public transportation, population increase) 9% Unsure 5% Nothing; Doing a good job now iN -93- MEMO: Department Cross Training Information Technology Employee Involvement "Tillage with a Past, a with a Future" ilslla •�.auan 992 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 FAX: 907 283 -3014 TO: Rick Koch, City Manager FROM: Christine Cunningham, Assistant to City Manager DATE: May 12, 2010 SUBJECT: Collaborative Leadership Outcomes The purpose of this correspondence is to provide the attached outcomes from the Collaborative Problem Solving Model practiced by City Staff and Council Members as part of the Glasers' Hardwiring Teamwork Program in our Friday, May 7 Training. As with the Town Hall Meeting, many of the top ideas were across the board and could fall into one of the following categories: Attached is a survey, in draft form, that could be sent to employees to further involve staff in the development of many of the suggested improvements that emerged as a result of the Glasers' training. -94- Question: What actions can we take to create greater integration across our organization and foster better delivery of services to our community? GROUP #1 1. Work Shops for Team Building and Learning Other Departments —15 Points 2. Public Survey 6 Points 3. Public Information Systems 6 Points Improve Information Systems Networks Add Public Comment Link to Website 4. Wellness Program 4 Points 5. Involve Staff in Formation of Comp Plan -4 Points 6. Creation of Department Operation Manual /CPM and Staffing Charts —4 Points 7. Involve More Employees in Processes 2 Points 8. Department Heads Rotate Departments —1 Point Other Brainstorming ideas: 1. After Hours Activity Group /Coordinator 2. Development of Mission Statement 3. Color Logo /Branding 4. Re- Evaluate Position Descriptions and Update Goals 5. Improve Council Meeting Process 6. Department Contests 7. Social Activities -95- GROUP #2 1. Crossfertilization —14 Points Develop Understanding of What Each Other Does Have Managers Spend Time Learning Other Departments Understand Interfaces Between Departments 2. Promote Best Practicable Level of Services to City (as within City and Out) 7 Points 3. Continuing Education 6 Points Training Education 4. Monthly Department Head Meetings -3 Points 5. Collect Best Practices 2 Points 6. Empower Through Existing Resources— 2 Points 7. More Frequent Newsletters —1 Point 8. Technologies —1 Point Other Brainstorming Ideas: 1. Inventory of what is done well and not well 2. Share Common Resources Co- Operatively 3. Combine Resources 4. Assess Job Requirements/ Needs 5. Strive to Identify Needs of All Stakeholders 6. Efficiency 7. Goal Rated Performance -96- GROUP #3 1. Cross Training —11 Points Teamwork Cross Training (Departments /Council Admin.) Employee /Departmental Cross Train 2. Electronic Distribution of Information 10 Points Listsery Blog for Employees Better Integration of Server Info. Systems Post Organizational Docs. on Website (can be password protected) City Web -Page Team (Personnel /Council /Admin.) Electronic Docs Legacy Files 3. Empowered Work Force -9 Points Foster Morale Flexible Work Schedules Provide Sense of Ownership Ask Employees for Suggestions Telecomute Employee Recognition and Incentive 4. Annual Collaborative Leadership In- service -2 Points 5. Involve Community 2 Points 6. Post City and Dept. Mission and Purpose Statements Once Developed —1 Point 7. Develop Neighborhood Groups (i.e. Watch, Clean -Up, Parks) —1 Point Other Brainstorming Ideas: 1. Open Communication 2. Prioritize Community Board Involvement 3. Increase Communication Across Departments 4. Be Creative 5. Streamline Services (i.e. Kenai River Center) 6. Communicate Expectations 7. Increase Informational Interaction between Personnel and Council 8. Realistic City Disaster Drills that Involve All 9. Try New Ideas 10. Team with Other Govt. Agencies to Reduce Redundancy -97- EMPLOYEE SURVEY To help us provide greater integration across our organization and foster better delivery of services to our community, please complete this survey and return it to Christine Cunningham in the City Manager's Office at City Hall by June 15, 2010. Strongly Department Cross Training Cross-training would help me to gain a better understanding of what each department does. Cross-training should be limited to within departments and should not be City-wide. JI Cross-training should be limited to Department Heads. I would support the idea of employees rotating duties to better learn other departments. Creation of staffing charts and department operation manuals would be more beneficial than cross-training to help me understand what each department does. I would support a Team Building Work Shop for Learning Other Departments. I am satisfied with how well other departments know the duties and responsibilities of my department. I am satisfied with my knowledge of other departments. Information Technology I currently have access to the internet at work. I currently access City documents from a server. I currently have access to City forms electronically. I currently access the City's web page to obtain information regarding Council/Commission Meetings. Employee Involvement I support the development of a Wellness Program for employees. I am asked for and provide suggestions which could improve the City's delivery of services to the community. I am aware of the City of Kenai's Mission Statement. I feel I am recognized for the work I do for the City. I have been involved with or understand the City's Comprehensive Plan and Safety Plan. I support the creation of mission and purpose statements for the Department in vvhich I work. Additional Comments: -98- Staff Comments Collaborative Leadership Training and Community Dialogue "Continuing to Build a Sustainable Community" facilitated by Drs. Peter and Susan Glaser Thank you Glasers for providing us with some tangible tools for collaborative decision making. Simply outlining the three decision- making models will help clarify my work in management. I can definitely see how explaining how a decision will be made in advance is one easy step to take for better results, The PRES method would seem to be way too obvious and way too easy, but t am convinced that it can work to help build consensus. The methods you outline that include silent thought and the time each person gets to speak uninterrupted are ones t plan to employ right away. I wasn't looking forward to another management training, but both days proved to be fun, valuable and went by way too fast. I don't know if I just facilitated a very easy and congenial group, but telling them they seemed to agree on a lot really did pave the way to a respectful and deliberative process. I feel very fortunate to have been given the opportunity to attend your workshop. It was probably the most enlightening training I have ever experienced. I walked away confident that I could actually make use of these skills and have an impact on performance. The desire for the public to be `heard' regarding issues to be decided by their elected public officials is strong. Sometimes the public input process becomes as significant as the issue itself. Susan and Peter have taught us a collaborative process that enables community members to fully express their issues publically and feel that they have been fairly considered. The strength of the Glaserprocess is that it takes these emotionally charged issues, finds common threads and then summarizes them in concise concepts. These concepts can then be considered by their elected officials for decision making. The Glaser process avoids public input meetings being dominated by the most vocal and polished speakers. Thank you for an amazing action- packed and fun session on Collaborative Leadership Training. found the training and tools presented to bo both evidence-based and practical for e'v'erlda use. The content was presented with such enthusiasm and energy I cannot help but be inspired. The Town Hall meeting was no exception...thanks for keeping us all on track! The training and workshop were a wonderful opportunity to learn easy to implement techniques in a respectful atmosphere, and it was great to see everyone working together for the betterment of our city. Thank you for coming to Kenai to present an entertaining and fun Collaborative Leadership Training! I could see the results of the process immediately and felt confident that the group I facilitated the next day was encouraged by the atmosphere of real collaboration. For me, the best part of the two days we spent together was learning not just that we should listen but how to listen, which confirmed that if we can agree on nothing else, we were able to see through our work with you how important our city is to its council, employees and citizens. i believe our experience with the Glaser model will prove to be a positive catalyst toward future collaborative problem solving! I feel the town hall meeting was a very positive experience for the City administration and for the community. This was a very efficient method for all attendees to provide their recommendations, and to subsequently work together to prioritize those recommendations. -99- look forward to future town half meetings with greater attendance and broader representation of the community (i.e, small business owners, industry, educators, city /borough /state employees). The City administration worked well together, and I think the department heads appreciate each other more. I really appreciate the Glaser models for collaborative problem solving. I plan to have a goal setting meeting involving supervisors and officers where we prioritize equipment, training, building, and community service needs. By utilizing the collaborative problem solving model, the meeting will be more efficient, organized, and everyone will be heard. Pete and Susan: Thank you so much for coming to Kenai! The lessons learned have already inspired great discussion between those of us who attended the class and town hall meeting. 1 am personally excited to put the lessons learned into practice. I know we only had a sip from the fountain of Glaser knowledge. So, hopefully, perhaps we will be lucky enough to see you here again one day!! I was impressed with the training. Thought it worthwhile and useful and the skills learned can be used in day -to -day activities as well as worthwhile as we go through development of the new Comprehensive Plan. I enjoyed meeting them and was amazed at how comfortable they made the group exercises. It was encouraging to see the process work. In general, a thumbs up! Thanks for taking the time to explain these communication methods. I really appreciated the training especially the concept of allowing participants time to think, prior to responding I think that adds a whole new dimension to the discussion. -100- Description of Ongoing City of Kenai Activities THREE LEGGED STOOL Economic Social Environmental Kenai River Bluff Erosion Control Project X X X Purchase of Environmentally Sensitive Properties X X Replace Convential Street Lights with Energy Efficient LED Lighting X X Construct New Soccer Fields X Operate Maintain Sports Fields X Construct, Operate Maintain Kenai Recreation Center X Construct New Park on Marathon Road X X Adopt wind power generation code (First on Kenai Peninsula) X X Support High School Other Educational Programs X Construct Facilities to Support Personal Use Fishery X X Construct Fencing to Protect North Shore South Shore Dunes X Support Reasonable Responsible Resource Development X X Support Reasonable Responsible E Regulation X Own, Operate Maintain Independent Living Senior Facility X Own, Operate Maintain Kenai Senior Center X Operate Congregate Meals Home Delivered Meals Programs X Encourage Business Development X Operate Maintain Emergency Services Department (Fire Ambulance) X Opearate Maintain the Kenai Police Department X Operate Maintain Bird Viewing Platform X X Own, Operate Maintain Kenai Municipal Dock Boat Launch X X Own, Operate Maintain the Kenai Visitors Convention Center X Own, Operate Maintain the Kenai Multi Purpose Facility X A City of Kenai Community Dialogue on "Continuing to Build a Sustainable Community" The "Three Legged Stool" of Community Sustainability -101- KENAI HARBOR COMMISSION MEETING MAY 10, 2010 CITY COUNCIL CHAMBERS 7:00 P.M. PENDING APPROVAL AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY April 12 2010 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS a. Discussion 2010 Goals and Objectives b. Discussion Restroom Painting ITEM 7: REPORTS a. Director b. City Council Liaison ITEM 8: COMMISSIONER COMMENTS /QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a, Kenai City Council Action Agendas of April 7 and 21, 2010. ITEM 11: ADJOURNMENT -102- KENAI HARBOR COMMISSION MEETING MAY 10, 2010 CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR PRO TEMPORE PHIL MORIN, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER ROLL CALL Due to the absence of Chair Thompson and Vice Chair Osborn, the meeting was called to order by Commissioner Morin at approximately 7 :05 p.m. The Commission elected Morin as the Chair Pro Tempore. Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. ITEM 2: MOTION: AGENDA APPROVAL P. Morin, G. Foster, It Peters, W. Nelson B. Osborn, W. Niederhauser, T. Thompson Parks and Recreation Director B. Frates, Public Works Director W. Ogle, Council Member H Smalley Commissioner Foster MOVED to approve the agenda as submitted and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY April 12, 2010 MOTION: Commissioner Peters MOVED to approve the meeting summary of April 12, 2010 and Commissioner Nelson SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD None ITEM 5: OLD BUSINESS None ITEM 6: NEW BUSINESS 6 -a. Discussion 2010 Goals and Objectives Parks and Recreation Director Frates reviewed the memorandum included in the packet and general discussion followed. Frates noted several changes were suggested and a draft would be presented at the next meeting -103- 6 -b. Discussion Restroom Painting Frates reported dock staff were interested in painting the restroom at the dock and requested feedback on color choices. Recommendation was made to consult with a vendor specializing in painting of brick and masonry and noted no objection to tan or blue as color suggestions. ITEM 7: REPORTS 7 -a. Director Frates reported on upcoming events and status of projects including the Kenai Birding Festival, spotting scopes, concrete ramp project, installation of floats and planned North Shore improvements. 7 -b. City Council Liaison Council Member Smalley reviewed the action agendas of the April 7 and 21, 2010 City Council meetings which were included in the packet. ITEM 8: COMMISSIONER COMMENTS /QUESTIONS Commissioner Nelson suggested an additional gate at Boat Launch Road be included as a short term goal. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION 10 -a. Kenai City Council Action Agendas of April 7 and 21, 2010. ITEM 11: ADJOURNMENT MOTION: Commissioner Peters MOVED to adjourn and Commissioner Foster SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 9:23 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk -104- HARBOR COMMISSION MEETING MAY 10, 2010 PAGE 2 KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS MAY 4, 2010 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY April 6, 2010 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion Library Expansion Update ITEM 6: NEW BUSINESS a. Discussion Code of Conduct Policy b. Discussion Meeting Schedule ITEM 7: REPORTS a. Director b. City Council Liaison ITEM 8: COMMISSION COMMENTS /QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ITEM 11: ADJOURNMENT -105- PENDING APPROVAL a. Kenai City Council Action Agenda Items from April 7 and 21, 2010. b. Friends of the Kenai Community Library Board Meeting Minutes of April 13, 2010. ITEM 1: KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS MAY 4, 2010 7:00 P.M. CHAIR EILEEN BRYSON, PRESIDING MEETING SUMMARY CALL TO ORDER ROLL CALL Chair Bryson called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. ITEM 2: MOTION: Commissioner Peters MOVED to approve the agenda as presented and Commissioner Harris SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY April 6, 2010 MOTION: Commissioner Peters MOVED to approve the meeting summary of April 6, 2010 and Commissioner Bookey SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: ITEM 5: 5 -a. AGENDA APPROVAL ITEM 6: NEW BUSINESS 6 -a. Discussion Code of Conduct Policy E. Bryson, C. Brenckle, J. Bookey, R. Peters, S. Harris K. Glidden Library Director M. Joiner, Council Member M. Boyle PERSONS SCHEDULED TO BE HEARD None OLD BUSINESS Discussion Library Expansion Update Library Director Joiner reviewed the project and noted the library would be closed three weeks in June. Joiner summarized the progress of the line item in the capital budget that goes to the Governor and urged commissioners to voice their support for the $1.5 million grant. -106- Bryson YES Brenckle YES Bookey YES Peters YES Harris NO Bryson YES Brenckle YES Bookey YES Peters NO Harris YES Bryson NO 1 Brenckle NO Bookey NO Peters NO j Harris NO Joiner reviewed sample policies and general discussion took place. Commission requested the Director bring a draft policy to the next meeting. 6 -b. Discussion Meeting Schedule Joiner reviewed the current policy and requested input on meeting concerns. General discussion followed. MOTION: Commissioner Brenckle MOVED to request the meetings for the Library Commission be monthly, with no meetings in July. Commissioner Harris SECONDED the motion. VOTE: MOTION PASSED. MOTION: Commissioner Brenckle MOVED to reconsider and Commissioner Bookey SECONDED the motion. VOTE TO RECONSIDER: MOTION PASSED. VOTE ON ORIGINAL MOTION: MOTION UNANIMOUSLY FAILED. ITEM 7: REPORTS 7 -a. Director Joiner reported on her presentation at the Chamber of Commerce; noted she would be traveling to Kansas City for the All- America City finals in June and to Colorado to visit libraries that have done innovative projects with Dewey. -107- LIBRARY COMMISSION MEETING MAY 4, 2010 PAGE 2 7 -b. City Council Liaison Council Member Boyle announced the Town Hall meeting would be held May 8, 2010. ITEM 8: COMMISSION COMMENTS /QUESTIONS Bookey reported the groundbreaking ceremony was wonderful with heartfelt speeches. Brenckle reported she had traveled to Washington, D. C. and Juneau to discuss funding with Legislators. Peters reported he would not be at the June meeting Bryson reported she would be gone for the June and July meetings and complimented the Director on the groundbreaking ceremony. Harris complimented the Director on the groundbreaking ceremony. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD None ITEM 10: INFORMATION 10 -a. Kenai City Council Action Agenda Items from April 7 and 21, 2010. 10 -b. Friends of the Kenai Community Library Board Meeting Minutes of April 13, 2010. ITEM 11: MOTION: ADJOURNMENT Commissioner Peters MOVED to adjourn and Commissioner Brenckle SECONDED the notion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:38 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk -108- LIBRARY COMMISSION MEETING MAY 4, 2010 PAGE 3 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences H Commissioner Gerald Brookman H Commissioner Roy Wells 2. *APPROVAL OF MINUTES: a. *April 28, 2010 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: 6. UNFINISHED BUSINESS: 7. NEW BUSINESS: 8. PENDING I'1 EMS: 9 REPORTS: a. City Council b. Borough Planning c. Administration 11. INFORMATION ITEMS: CITY OF KENAI PLANNING ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS May 12, 2010 7:00 p.m. 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) -109- 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. 5. PUBLIC HEARINGS: a. PZ10 -10 An application for an Encroachment Permit for a 3.3 -Foot front yard setback encroachment for the property known as 1.04 Deepwood Court (Lot 2, Block 3, Deepwood Park Subdivision Amended). Application submitted by Patrick S. Reilly, Alaska New Home Builders, 1302. Lawton Drive, Kenai, r "laka. h. PZI0 -12 —An application for a Conditional Use Permit for a Professional Office (Dental Clinic) for the property known as 9520 Kenai Spur Highway (Tract A, Papa Joe's Subdivision, Chumley Replat). Application. Submitted by Franklin T. Wortham, DDS, River City Dental, P.O. Box 1029, Kenai, Alaska. Zoning Bulletin (3/25/10) Kenai River Center Project #8267 Kenai Landing PZ10 -11 Landscape /Site Plan Kenai Community Library Addition 12. COMMISSION COMMENTS QUESTIONS: 13. ADJOURNMENT: -110- ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at approximately 7:00 p.m. 1 -a. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. 1 -b. REMOVE FROM: ADD TO: ADD TO: MOTION: MOTION: Agenda Approval CITY OF KENAI PLANNING ZONING COMMISSION MAY 12, 2010 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING MINUTES The following changes to the agenda were requested: Commissioner Bryson MOVED to approve the agenda with the listed changes and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED 1 -c. Consent Agenda K. Koester, S. Romain, R. Wells, J. Twait, P. Bryson, K. Rogers G. Brookman (excused) City Planner M. Kebschull, City Planning Administrative Assistant N. Carver, Council Member R. Molloy, Deputy City Clerk C. Hall Item 1 -d: Excused Absences Roy Wells Item 5 -a: PZ10 -10 Area property map showing owner names and street addresses Item 5 -b: PZ10 -12 Corrected resolution with staff recommendations and area property map showing owner names and street addresses Commissioner Romain MOVED to approve the consent agenda as presented and Commissioner Wells SECONDED the motion. There were no objections. SO ORDERED. Brookman EXCUSED Koester YES Romain YES Wells YES Twait YES Bryson YES 1 -d. *Excused Absences Gerald Brookman Approved by consent agenda. *All items listed with an asterisk are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM 2: *APPROVAL OF MINUTES April 28, 2010 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT None ITEM 4: CONSIDERATION OF PLATS None ITEM 5: PUBLIC HEARINGS 5 -a. PZ10 -10 An application for an Encroachment Permit for a 3.3 -Foot front yard setback encroachment for the property known as 104 Deepwood Court (Lot 2, Block 3, Deepwood Park Subdivision Amended). Application submitted by Patrick S. Reilly, Alaska New Home Builders, 1302 Lawton Drive, Kenai, Alaska. MOTION: Commissioner Bryson MOVED to approve PZ10 -10 wi staf recommendations and Commissioner Rogers SECONDED the motion. City Planner KebschulI reviewed the staff report included in the packet recommending approval with no conditions. Twait read the rules for public hearing and opened the meeting to public comment. There being no one wishing to speak, the public hearing was closed, Kebschull noted the encroachment was measured from the foundation and the bay window would not affect the encroachment. VOTE: PLANNING AND ZONING COMMISSION MEETING MAY 12, 2010 PAGE 2 -112- Rogers MOTION PASSED UNANIMOUSLY. Twait read the 15 -day appeal process procedure. 5 -b. PZ10 -12 An application for a Conditional Use Permit for a Professional Office (Dental Clinic) for the property known as 9520 Kenai Spur Highway (Tract A, Papa Joe's Subdivision, Chumley Replat). Application Submitted by Franklin T Wortham, DDS, River City Dental, P.O. Box 1029, Kenai, Alaska. MOTION: YES Commissioner Bryson MOVED to approve PZ10 -12 and Commissioner Wells SECONDED the motion. Kebschull reviewed the staff report included in the packet, noting the permit was required to meet the following criteria: 1. The use must be consistent with the purpose of the chapter (KMC 14.20) and the purposes and intent of the zoning district. 2. The value of the adjoining property and neighborhood would not be significantly impaired. 3. The proposed use would be in harmony with the Comprehensive Plan. 4. Public services and facilities were adequate to serve the proposed use. 5. The proposed use would not be harmful to the public safety, health or welfare, 6. Any and all specific conditions deemed necessary by the Commission to fulfill the above mentioned conditions should be met by the applicant and could include, but would not be limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Kebschull recommended approval with the following requirement: 1. Landscape /site plan must be submitted with the building permit that meets the requirements for commercial development as required in KMC 14.25. Landscaping, as required by code, would be limited to the area involved in the development. Twait opened the meeting to public hearing. Charles Winegarden, 309 Princess, Kenai Spoke in support of the permit. Rory Espy, 903 Magic, Kenai Spoke in support of the permit, noting concern that the entire lot be landscaped and building size be limited. PLANNING AND ZONING COMMISSION MEETING MAY 12, 2010 PAGE 3 -113- Brookman EXCUSED Koester YES Romain YES Wells YES Twait YES Bryson YES Rogers YES Brookman EXCUSED Koester YES Romain YES Wells YES Twait YES Bryson YES Becky Espy, 903 Magic, Kenai Spoke in support of the permit, noting concern with traffic off Cinderella. Patricia Falkenberg, 399 McCollum, Kenai Spoke in support of the peinxit, noting concern with traffic in the area and building size. Todd Wortham, 1110 Channel Way, Kenai Applicant thanked the neighbors for their support, noting the apartment above the dental office would be single family, not multi family Kristine Schmidt, 513 Ash, Kenai Suggested the Planning Department require building plans and landscape /site plans be submitted prior to the issue of the conditional use permit, and wanted limits on building size included in the permit. There being no further comments, the public hearing was closed. MOTION TO AMEND: Commissioner Bryson MOVED to amend the motion by including General Information, Recommendations, and Attachments in the original motion. Commissioner Romain SECONDED the motion. VOTE ON AMENDMENT: MOTION PASSED UNANIMOUSLY. It was noted that great deviation from the site plan would need to be returned to the Commission for another public hearing. Commissioner comments included: It would be a waste of money if plans were prepared before the conditional use pe, wit was approved. Concerns would be addressed by analysis and recommendations by staff. The permit met all six criteria and would be supported. Looked forward to the site not being vacant, and thought the dental office would be an asset to the community. VOTE ON MOTION AS AMENDED: PLANNING AND ZONING COMMISSION MEETING MAY 12, 2010 PAGE 4 -114- Rogers YES MOTION PASSED UNANIMOUSLY. Twait read the 15 -day appeal process procedure. ITEM 6: UNFINISHED BUSINESS None ITEM 7: NEW BUSINESS None ITEM 8: PENDING ITEMS None ITEM 9: REPORTS 9 -a. City Council Council Member Molloy reviewed the action agenda items of the May 5, 2010 City Council meeting and gave an overview of the training and Town Hall Meeting held on May 7 and 8, 2010. 9 -b. Borough Planning Commissioner Bryson reviewed the agenda of the May 10, 2010 Borough Planning Commission meeting. Administration Kebschull reviewed the memorandum included in the packet regarding the June 9, 2010 public hearing on the Comprehensive Plan and noted there would be a work session regarding kennels on June 23, 2010. ITEM 10: PERSONS PRESENT NOT SCHEDULED Kristine Schmidt, 513 Ash, Kenai Noted she believed permits should include the landscape /site plan and building plans Rory Espy, 903 Manic, Kenai Thanked the Cornni scion for listening to the public and requested the commissioners police themselves regarding their attention to public comment. ITEM 11: INFORMATION ITEMS Zoning Bulletin (3/25/10) Kenai River Center Project #8267 Kenai Landing PZ10 -11 Landscape /Site Plan Kenai Community Library Addition ITEM 12: COMMISSION COMMENTS QUESTIONS Koester thanked the public for their comments. ITEM 13: ADJOURNMENT PLANNING AND ZONING COMMISSION MEETING MAY 12, 2010 PAGE 5 -115- MOTION: Commissioner Bryson MOVED to adjourn and Commissioner Romain SECONDED the motion. There were no objections, SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:07 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING MAY 12, 2010 PAGE 6 -116- AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: ELECTION OF CHAIR AND VICE CHAIR ITEM 4: APPROVAL OF MEETING SUMMARY March 9, 2010 ITEM 5: PERSONS SCHEDULED TO BE HEARD ITEM 6: OLD BUSINESS a. Discussion Flower Bed Designs ITEM 7: NEW BUSINESS a. Discussion Banners b. Discussion Volunteer Plant Day c. Discussion Meeting Schedule ITEM 8: REPORTS KENAI BEAUTIFICATION COMMITTEE MAY 11, 2010 7:00 P.M. KENAI COUNCIL CHAMBERS a. Committee Chair b. Parks Recreation Director c. Kenai City Council Liaison PENDING APPROVAL ITEM 9: COMMITTEE MEMBER QUESTIONS AND COMMENTS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION a. Kenai City Council Action Agendas of April 7 and 21, 2010. b. Landscape /Site Plan O'Reilly Auto Parts c. Landscape /Site Plan Kenai Community Library Expansion ITEM 12: ADJOURNMENT -117- MEETING SUMMARY ITEM 1: CALL TO ORDER ROLL CALL Chair Baxter called the meeting to order at approximately 7:12 p.m. Roll was confirmed as follows: Members present: Members absent: Staff /Council Liaison present: A quorum was present. ITEM 2: MOTION: ITEM 3: MOTION: ITEM 4: ITEM 5: 5 -a. KENAI BEAUTIFICATION COMMITTEE MAY 11, 2010 7:00 P.M. KENAI COUNCIL CHAMBERS CHAIR PEGGY BAXTER, PRESIDING AGENDA APPROVAL Member Lovett read the following changes: M. Coleman, L Gabriel, T. Canady, P. Baxter, S. Lovett, M. Manzek M. Dimmick Parks and Recreation Director R. Frates, Mayor P. Porter REMOVE: ITEM 3: Election of Chair and Vice Chair ADD: ITEM 6 -d: Blue Star Sidewalk Member Lovett MOVED to approve the agenda with the changes listed above. Member Canady SECONDED the motion. There were no objections. SO ORDERED. APPROVAL OF MEETING SUMMARY March 9, 2010 Member Manzek MOVED to approve the meeting summary of March 9, 2010 and Member Coleman SECONDED the motion. There were no objections. SO ORDERED. PERSONS SCHEDULED TO BE HEARD None OLD BUSINESS Discussion Flower Bed Designs Parks and Recreation Director Frates reported on current and planned flower purchases, asked for recommendations for the six concrete planters along the Spur Highway, and requested other issues be forwarded to him early next week. -118- ITEM 6: NEW BUSINESS 6 -a. Discussion Banners Frates reported banners had been ordered, and noted some would be placed at the Visitors Center, Caviar Street and the corner of the Spur Highway and Spruce Street, and noted the Airport had ordered four banners for the airport parking lot. 6 -b. Discussion Volunteer Plant Day Frates reviewed the memorandum included in the packet, noting beds would be prepped as much as possible and a barbeque would follow for participants. Committee comments included: Member Spalding requested to assist at Leif Hansen Park. Suggested the Kenai Community Care Center be contacted to enlist help again this year. Frates noted groups should be encouraged to assist and requested anyone interested contact his office. 6 -c. Discussion Meeting Schedule General discussion was held regarding meeting schedule. MOTION: Member Coleman MOVED to set meetings for January, April, May, September and October. Member Manzek SECONDED the motion. There were no objections. SO ORDERED. 64. Discussion Blue Star Sidewalk Chair Baxter reported, as discussed during the Committee's work session and as a member of the American Legion Post 20 Auxiliary, she approached the Auxiliary and the 40/8 to fund a sidewalk project for the existing Blue Star Memorial as an Auxiliary project. She reported, there was interest and a request that, if approved, the Auxiliary be permitted to place a plaque along the sidewalk Member Lovett presented a possible site concept for consideration and discussion followed. It was suggested Baxter get three quotes from local contractors to present back to the Auxiliary for their consideration. MOTION: -119- BEAUTIFICATION COMMITTEE MEETING MAY 11, 2010 PAGE 2 Member Lovett MOVED to accept the conceptual plan and support the American Legion's effort toward funding the project. Member Gabriel SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: REPORTS 7 -a. Committee Chair None 7 -b. Parks Recreation Director Frates reported on current projects and activities including beach fencing, locker room remodeling at the Recreation Center, harbor activities, pre- season activities and staff training. 7 -c. Kenai City Council Liaison Mayor Porter reviewed Action Agenda Items of the City Council meetings of April 7 and 21, 2010 in addition to budget matters, Daubenspeck funds, community playground ideas and the Town Hall meeting on May 8, 2010. ITEM 8: COMMITTEE MEMBER QUESTIONS AND COMMENTS Baxter reported Kenai River Nursery was in foreclosure and it was unknown what would happen to the existing plant material. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD None ITEM 10: INFORMATION 10 -a. Kenai City Council Action Agendas of April 7 and 21, 2010. 10 -b. Landscape /Site Plan O'Reilly Auto Parts 10 -e. Landscape /Site Plan Kenai Community Library Expansion ITEM 11: ADJOURNMENT MOTION: Member Lovett MOVED to adjourn and Member Gabriel SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Committee, the meeting was adjourned at approximately 9:35 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk -120- BEAUTIFICATION COMMITTEE MEETING MAY 11, 2010 PAGE 3 REPORT OF CITY MANAGER CAPITAL PROJECT MANAGER MID -MONTH REPORT t hc city e l r MAY 2010 KENAI, ALASKA V The status of the projects is as follows: Kenai Community Library Expansion Project Architecture by ECIIHyer, inc. Construction contract was awarded to Blazy Construction, Inc Notice to proceed was issued on April 19. Construction is currently underway with site clearing complete, temporary construction walls complete, block reinforcement on gridline "E" nearing completion, mass excavation under way, and footings for the children's area expansion complete, The library is scheduled to be closed for three weeks starting June 6 During this shut down work will occur in both the front parking lot and Main Street for utility tie -in as well as in the core of the building. Bridge Access Road Water Sewer Main Extension Engineered by Wm. J. Nelson Associates. The Construction Contract was awarded to North Star Paving and Construction Inc. The notice to proceed was signed on January 18, 2010. The submittal process is underway, with extra focus placed on the Buy American documentation compliance, Contractor is currently under way with focus on station 32.50 to station 34.75 which includes the directional boring below the wetlands and the lift station. Both the borings for directional borings for the wetland crossing and bridge access road have been completed Installation of both water sewer piping are currently underway; project will be complete in September. Lawton Drive Water Extension'Proiect Engineered by Wm. J. Nelson Associates. The Construction Contract was awarded to North Star Paving and Construction Inc. The Notice to Proceed was issued on February 16, 2010. All piping is installed and road reconstruction is complete, the area has been seeded and is awaiting spring growth. Arsenic Ground Water Study Engineered by HDL with Pilot studies by HDR. Amendment 13 was approved by ADEC and the City Council on May 5. Well 2 Aquifer Study is currently under way. South Beach Dunes Fencing This is an American Recovery and Reinvestment Act (ARRA) funded project administered by U.S. Fish and Wildlife Service. Permit letters were received from both Donald E. Gilman River Center and the U.S. Army Corps of Engineers. The project was advertised on April 30 and on May 12 three bids were received. The low bid will install 3,300 lineal feet of dunes protection. The contract to Holden Company for $62,028.00 is up for council award at the May 19 Meeting. Multi Use Facility Lighting Upgrade Registration with the Department of Energy's (DOE) PAGE system is complete. Coordination with the DOE is under way for development of documents compliant with the ARRA funding. The remaining funds necessary for completion were appropriated at the April 7 council meeting. Documents are scheduled to be released for bid in May. Water and Sewer Rate Study Update —The Notice to Proceed was issued on March 15, 2010. Togiak to Beaver Loop Water Extension Project Engineering by Win..1. Nelson Associates. This is the continuing extension of the Lawton Drive Project. Currently the NEPA process is underway; as required by the State and Tribal Assistance Grant (STAG), with the design scheduled for completion in early June with Council award scheduled for August this was extended due to utility conflicts and permitting issues. Personal Use Fisheries Capital Project Funded by approval of Ordinance 2481 -2010 on May 5, 2010. Project plan and scheduling are underway to get the upgrades in place for the 2010 Set Net Season. -122- tilt m of RENAL ALASKA April Circulation Figures LIBRARY MID -MONTH REPORT MAY 2010 Adult Fiction 2,206 Internet Access 1,597 Adult Non- Fiction 1,461 Music 130 Periodicals 82 Puzzles 0 Juvenile Fiction 686 Videos 371 Juvenile Non Fiction 265 DVDs 2,568 Easy Fiction 1,113 Audio books 177 Easy Non Fiction 259 Miscellaneous 27 Interlibrary Loan 70 Computer Programs 14 Total Print 6,142 Total Non -Print 4,884 Total Circulation 11,026 In -House circulation Library Door Count 8,598 Downloadable Audio e -books The library director did a presentation at the Chamber of Commerce luncheon on April 14 on the library expansion project and fundraising efforts. With the help of the Eagle Scouts, shelves from the EDD have been moved to the library and much of the collection has been re- located to on site storage. The groundbreaking on May 1 was a stellar event, thanks to the picture perfect day that nature provided. We were honored to have representation from the Rasmuson Foundation with Diane Kaplan, President and CEO and Cathy Rasmuson, Vice Chair of their Board. Michelle Blackwell read a letter from Senator Murkowski and Kim Howard read one from Senator Begich. The library will be closed due to construction for three weeks beginning June 6. The staff will be working inside under less than ideal conditions, but we do have some major projects that will occupy people. Everyone has been encouraged to take annual leave and they will only be available during normal business hours. —123— 168 286 Library Cards Issued May 2010 Internet Only Kasilof 9 Kenai 48 Nikiski 8 Ninilchik 1 Soldotna 15 Sterling 4 Non Resident 3 Oreanization Other 8 Total 97 the ufrof KENAI, ALASKA No To: Rich Koch, City Manager From: Rachael S. Craig, Senior Center Director Date: 05/1272010 Subject: May Monthly Report Total April Meal Count 2010 Served: Total Congregate Meals Served: 1,201 Total Home Meals Served: 1.691 Total April Meal Count 2009 Served: Total Congregate Meals Served: 1,405 Total Home Meals Served: 1,920 KENAI SENIOR CENTER MAY REPORT We are very fortunate to have access to the Kenai Peninsula Food Bank. We have been able to reap many food items this past month that we can incorporate into our menu. There were no rentals this month. Besides the normal senior center schedule, the Center was used for a senior's 80 Birthday Celebration, a senior friend's goin.g away party, the Mystery Dinner Fundraiser and KCHS Prom Breakfast. There were 1,250 volunteer hours during the month of April. Staff participated in CPR/First Aid classes through the American Heart Association. Ten staff and two MASST employees participated. Each employee that participated is certified for two years. On April 18, 160 KCHS junior and seniors, their dates, and chaperones came to the senior center and attended the "early" morning buffet breakfast served by senior volunteers and staff. This is a highlight for the seniors to provide the breakfast at the end of after prom activities. With the Kenai Performers and Senior Connection, we held a successful two night Mystery Dinner Theater. We sold out for the dinner and the play. Dave Merrill, a driver for the Center participated in the disaster drill on the 28 of April. He is a CERT volunteer for the Borough. -124- then of KENAI. ALASKA POLICE DEPARTMENT MID -MONTH REPORT -125- APRIL 2010 TO: Rick Koch City Manager FROM: Gus Sandahl Police Chief /14- DATE: 5/12/10 SUBJECT: Police Communications Department Activity April 2010 Police handled 609 calls for service, down 2.3% from April 2009. The Communications Center received 265 emergency 9 -1 -1 calls (123 from cell phones). 3,361 administrative calls were processed by Communications personnel. Officers made 45 arrests and wrote 347 reports. Officers worked on many felony investigations including: sexual assault, felony assaults, felony theft, and burglary. Traffic enforcement resulted in 131 warnings, 33 speeding tickets, 8 seatbelt tickets, 5 citations for equipment violations, and 26 citations for "other" traffic violations. There were 5 DUI arrests (one felony). Police investigated 10 vehicle crashes (3 injury crashes). Two of the crashes were DUI related. None of the crashes involved a moose. There were no bear incidents /sightings reported to the Kenai Police Department. In the schools, SRO Mitch Langseth handled 14 police related calls for service. Officer Langseth and Officer Douthit concluded the 7 grade DARE program at KMS. Officer Langseth gave presentations on internet safety, alcohol awareness, and radar (science class). On April 7 Lt. Ross, Sgt. McBride, and Sgt. Langham attended a one day course in Anchorage on Amber Alerts. On April 8 Chief Sandahl and Lt. Ross attended a 2 -day course on advanced Incident Command Structure (ICS -400) at the Soldotna Emergency Response Center. On April 16"', Kelly George was promoted to police sergeant. On April 19 Inv. Whannell attended a 5- day course in Anchorage on electronic evidence collection (costs reimbursed to the City of Kenai by Internet Crimes Against Children ICAC). On April 27 Dispatcher Danielle Braun attended a 3 -day course on Uniform Crime Reporting in Anchorage. During the week of April 26 Police and Communications personnel participated in week -long earthquake disaster training with Military Guard, Military Civil Support, Kenai Fire Department, Kenai Airport, State Department of Corrections, and other emergency responder agencies in the state. This was very worthwhile practical training involving the coordination of multiple agencies during a disaster. Police resources were most utilized for a chemical lab scenario on April 29 near the Beacon Training Center. The training was an overall success. the city of KENAI ALASKA ANIMAL CONTROL MID -MONTH REPORT April 2010 2010 2009 2010 2009 STRAY 63 51 ADOPTED 64 30 Dogs 43 38 Dogs 42 17 Cats 19 11 Cats 21 10 Other Species 1 2 Other Species 1 3 RELEASED BY OWNER 53 28 CLAIMED 22 16 Dogs 40 18 Dogs 20 23 Cats 13 9 Cats 2 0 Other Species 0 1 Other Species 0 0 D.O.A. 12 15 ELTHANIZED 28 33 Dogs 8 8 Dogs 21 23 Cats 3 7 Cats 7 10 Other Species 1. 0 Other Species 0 0 TOTAL ANIMALS 128 94 Other Disposition 2 0 Borough Animals 45 11 Field Investigations 171 82 Total Dogs 91 64 Volunteer hours 77 52 Total Cats 35 27 Total phone 709 613 Total Other Species 2 3 Kennel Permits 0 0 Community Involvement Projects: 4/14/2010 7 Girl Scouts from Troop 623 received animal care instruction 4/28/2010 ALL the students from Redoubt Elementary School assembled for animal care instruction (Kenai Animal Control's largest educational event to date!) -126- alyuf KENill TO: Rick Koch, City Manager FROM: Wayne Ogle, Public Works Director DATE: May 12, 2010 SUBJECT: Mid Month Report; Public Works Department PUBLIC WORKS DEPARTMENT MAY 2010 REPORT Public Works Operations: The Streets Department continues to work on sweeping sand from streets, sidewalks, curbs, bike paths and grass. This is an on -going process. We are nearing completion of the sweeping operations. The Water Sewer Department continues to assist our engineering consultants test programs for water treatment methods. The 2009 Drinking Water Quality Report is being prepared. This annual report is required to be sent to all mailing addresses in the area served by the public water system of Kenai by 1 July regarding the previous year. The report is currently is under review by the Department of Environmental Conservation. Status of Projects: Kenai Municipal Airport Rehabilitate Apron 2009 -2010; Planning sessions are being conducted with contractors, airport users FAA regarding the airport operations during construction. Kenai: Various Road Improvements 2009 (Baron Park Lane HEA Access). State will put project out to bid after their final review. Historical Cabin Relocation Proiect. Historical Society volunteers are busy leveling the cabins, constructing wooden walkways and installing fencing. The plan is to complete work by Memorial Day in order to dedicate the site during the 4 of July celebration. The Historical Society is still looking for donations for items which will be used to furnish the cabins. Kenai Recreation Center Locker Room Upgrade 2010. This project includes upgrades to the gym side locker rooms located at the Kenai Recreation Center. Project will repair and painting of ceilings and walls, replacement of partitions, fixtures, counter top, base molding, mirror, and boiler room doors along with electrical upgrades. One set of lockers in the men's locker room will be replaced as well. The contract is Blazy Construction, Inc. and is nearing completion. Kenai Recreation Center Gym Lighting Replacement. The project will remove all existing HID gym lighting and install 24 more energy efficient fixtures in the existing ceiling openings. The project will also include replacing the existing lights in the two racquetball courts nearest the lobby. The contract was awarded to Kachemak Electric. Fourth Avenue Culvert Replacement This project to be funded by a grant to the Kenai Watershed Forum will replace a failing culvert on Fourth Avenue. This failed culvert is inhibiting the passage of fish. Project documents are nearing completion by Bill Nelson. Provide and Dispense Fuel for City Vehicles Bid documents have been prepared with bid opening schedule for 2PM on May 26, 2010 Used 8.000lb high reach Rough Terrain Telehandler Lift 2010 City is inviting proposals to purchase a used 'extend -a -boom' forklift for various Public Works uses. Kenai Visitor's Center The project by Blazy Construction, Inc. to upgrade storage cabinet fronts and replace door handles and hinges in the copy machine room is complete. Small Projects: Kenai Visitors Center: City is accepting quotes for installation of a window treatment system that will help protect exhibits from UV light and also window blinds in certain windows. Recreation Center: Repair damage to gym walls, replaced worn out floor mats, minor roof leak. Senior Center: repairs to leaking windows and replace windows that have lost their seals. Fine Arts Center: roof repairs are being considered. -127- the ctfy of KENAI. ALASKA PARKS RECREATION MID -MONTH REPORT May 2010 The department currently has five seasonal employees hired. Pre- season activities are in full swing starting with removal of winter decorations, removal of tree wrap, site inspections, facility cleaning, turning water on at various locations, edging, sport field maintenance, preparation and planning. Volume of calls has dramatically increased. Park reservations and inquiries are up and plenty of folks scouting summer youth sport opportunities. Community gardens have generated interest with about 10 gardeners to date signed up. G &H Construction completed the concrete ramp project for the Kenai City Dock facility. Additionally, Blazey Construction is wrapping up the Rec. Center locker room remodeling project. Skate park equipment has been on order and should arrive in about 3 more weeks. Date for delivery on the bird viewing scopes will be June 6 Director attended the Collaborative Leadership Training presented by the Gl.asers in addition to the Town Hall Meeting. Director also attended a two -day training session on Microsoft Excel. Volunteer Plant Day is scheduled for June 5` Next week staff will begin prepping beds for summer plantings. Staff will begin installing dock floats May 13 Additional banners have been ordered with target areas being Caviar St., Visitors Center, Marathon Road and corner of Spur Hwy and Spruce St. Kenai Central High School will be using the new soccer fields for their Regional Soccer Tournament beginning May 2152. 2010 -05 -129- Airport Manager's Report For May 2010 Airport Projects: Taxiway F, G, H Lighting, Grading, Drainage Improvement: Project is complete and City Administration is finalizing the closeout documents. Apron Rehabilitation: A second tenant meeting was April 29 to discuss the summer construction schedule and the impact to operations. This meeting was also well attended and the contractor is very willing to work with each tenant and ensure there is little impact to their operations. Work is scheduled to start the week of May 10 KMA Proposed Float Plane Basin Facility Improvement Project: The draft Supplemental Environmental Assessment has been prepared in accordance with the National Environmental Policy Act (NEPA) and FM guidelines. Copies are available at City Hall, Airport Administrative Office, and the Library for review. Comments may be received until May 21, 2010. 10 Annual KPAF Update: June 5, 2010. The committee is continuing their work for the event. They are still very much in need of volunteers to help with a variety of jobs, including cooks, table setup, poker table, traffic control, etc., so if you have a couple of free hours let us know. The poster, t- shirts and postcards are complete. The next planning meeting is Thursday, April 29, at4.30pm in the Airport Managers office. Airport Full Scale Disaster Exercise: On Wednesday, April 28'", the Airport and KFD held a FAR 139 required full -scale emergency exercise. The doll involved an ERA Beech 1900 which was supplied by Era Alaska and emergency response agencies around the peninsula. Thank you to the KFD and all responding agencies. Alaska Airmen's Trade Show: The Airport Manager and Assistant to the City Manager attended the trade show on May 1 and 2 marketing the airport and the Kenai Peninsula Air Fair. The trade show was a huge success. A lot of interest was expressed for the development of lease bts and the air fair. Airport Operations Training: Matt Landry and Dan Evenson attended the Brainseed Global Aviation Services and Alaska Airports Association Airport Practicum training course at Ted Stevens International Airport from May 3-5, 2010. They reported back that this was excellent operations training and were very appreciative of the opportunity to attend. Caring for the Kenai Airport Bird Dog: The lease has been finalized and Dog Whistle Goose Control will arrive in Kenai on Monday, June 7"'. Dog Whistle Goose Control Serving Greater Sacramento Page 1 of 2 http /www.dogandwhistlegoo secontrol.com/ How do we clear your property of nuisance Canada geese? We direct our trained Border Collie dogs to safely move them. This type of goose control, known as hazing or harassment, does not harm geese but it does unsettle them. If the geese go to water, we move them out of the water. The result is geese fly away from your property. Repetitive canine patrols instill a predator fear in geese and convince them to find safer places to forage and nest. The results are immediate and long lasting. Two important notes on how our Border Collies work: 1) the dogs are always accompanied by a handler and never dropped off and left to work on their own and 2) they do not bark at the geese, but work as predators do, with stealth, speed and vigilance. Hazing is recognized by government agencies and animal rights groups as a humane and effective method of goose control. Federal or State permits are not required to perform this work as no chemicals, traps, or other harmful techniques are used to dissuade the geese from taking up residence on your property. Safety is key to our work. Some procedures we employ to work safely include: Waiting for people to clear an area or complete their activities before allowing the dogs to run, -130- 5/6/2010 Dog Whistle Goose Control Serving Greater Sacramento Page 2 of 2 Driving slowly with service lights on and giving pedestrians a wide berth. o Coordinating hazing with air traffic when working in the vicinity of airports. We advise airport authorities in advance of our hazing work and at non controlled airports we radio broadcast to pilots where and when geese are about to take flight. Wearing life vests when accessing water by kayak or other watercraft. Hazing with canines is paws off nuisance geese removal or abatement. The dogs chase after the geese, but do not catch up to them. When geese are unable to fly during molt, gosling maturation, or if injured, the dogs are not allowed to pursue them, Our dogs are friendly and love to interact with your patrons and employees. All of our goose dogs have achieved the American Kennel Club Canine Good Citizen (CGC) certificate. http://www.dogandwhistlegooseconvol.com/ Brett and 3ane Erogan are the owners and dog handlers of Dog Whistle Goose Control. We have raised and trained working dogs for over 25 years. We service the Valley and Foothill communities of Sacramento, Yolo, Placer, El Dorado and Nevada County. From Grass Valley /Nevada City to Elk Grove, from Roseville /Rocklin to Davis we can reclaim your green space. Work sites include agricultural fields, parks, schools, golf courses, cemeteries virtually any residential, commercial or institutional location where geese gather. To provide a cost for our service, we need to review your site to determine the best hazing strategy. Please call to schedule a no-cost site review and geese clearing demonstration. Our Collies put a git -along in problem geese or honkers as they are sometimes called. Our dogs' drive, ability to respond to our commands, and boundless energy make them the best dogs for the job. Nick, Tess, Rose Slip are ready to clear your property of nuisance Canada geese, wild turkeys and other wildlife pests. Call today for a geese clearing demonstration! (530) 823 -3628 -131- Top of Page 5/6/2010 ERA GRANT Change KENAI Combined Month AVIATION AVIATION Total 2009 from AVIATION Month Total 2009 January 4,466 1,797 6,263 6.824 -561 129 6.392 February 4,142 1,805 5,947 5,971 -24 110 6,057 March 4266 2,018. 6,384 6,029 355 126 6,510 April 5,804 May 6,611 June 6,857 July 9.612 August 9,153 September 7,379 October J 6.919 November 6,714 December 6,260 Totals 12,974 5,620 18,594 84,133 230 365 18,959 Municipal airport 31.61% GRANT 2,018 68.39% April 20 6,384 April FY09 $11,282 FY10 $13,035 I 1 22500 20000 17500 15000 12500 10000 7500 5000 2500 Terminal Vehicle Parking Revenues Vehicle Parking Revenues Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun -132- FY09 e FY10 To: Rick Koch, City Manager f From: Terry Eubank, Finance Director Date: April 15, 2010 Re: Monthly Report FINANCE DEPARTMENT MID -MONTH REPORT May 2010 The past month has been a busy one with much of the department's focus on the preparation of the FY2011 Budget. A new draft has been prepared incorporating Council changes made during budget work sessions, corrections of errors found in the first draft, as well as revisions of estimates that now have firm values. Health insurance renewal rates for the upcoming plan year were received on Mary 11` Renewal premiums will increase 6.8% and if far below the original projection of 15 Renewal at a 6.8% increase reduced health premiums by $91,782 for all City Funds from the previously budgeted 15% renewal increase. The department continues working with Chief Tilly on final implementation of the contracted ambulance billing service. A draft policy has been included in this Council Packet. Completion of that process is expected in the next 30 to 60 days. As year -end approaches a review of the current year budget has been completed with areas of adjustment identified. Discussions have also taken place with departments regarding items that remain in their FY2010 budgets. As the budget process approaches completion the department will shift its focus to fiscal year end and preparation for the FY2010 audit and financial statement preparation processes. Memo Attachment "Seyvivt,ythe qv ^Kends p enivtwula7 305 N. WILLOW ST. SUITE 200 KENAI,ALASKA 99611 TELEPWONE907. 283.7951 FAX 907- 2833737 To: Rick R. Koch City Manager From: Mary Bondurant Airport Manager Date: May 13, 2010 Subject: Airport Bird Dog Wildlife Control Dog Lease This memo is a progress report on Olivia Pfeiffer's bird hazing project at the Kenai Airport. The Wildlife Control Dog Lease between the City and Brett and Jane Brogan, d /b /a/ Dog Whistle Goose Control has been finalized and is attached. The Brogan's and the airport bird dog called `Rose "will arrive in Kenai on Monday, June 7 The Brogan's will then provide 32 hours of instructions and training to Ms. Pfeiffer and airport staff. Ms. Pfeiffer will be the primary handler with airport staff as substitutes. If all training goes well, Ms. Pfeiffer and the dog will continue the bird hazing project through the summer until Ms. Pfeiffer returns to school in August. Ms. Pfeiffer's budget is very close to being reached and a report will be submitted for the June 2 ntl Council meeting. Please contact me if you have any questions or need any additional information. www.ci.kenai.ak.us. -134- WIL.DL.IFEE CONTROL DOG i., KENAI MUNICIPAL AIRPORT TiIIS LEASE AGREEMENT (Agreement) is made this JQ clay of May, 2010, by and between f3.RETT BROGAN A.ND JANE BROGAN d /b /a Dog Whistle Goose Control (Lessors), whose address is 1431 Merry Knoll Road, Auburn, CA 95603 -7708, and the CITY Oh .KENAI (Lessee), whose address is 210 Fi.dalgo Avenue, Kenai, Alaska 99611-7794, upon the following terms and conditions. 1. Wildlife Control Dog Leased. Lessors agree to lease to Lessee, and Lessee agrees to lease from Lessors, one or the following Wildlife Control Dogs, subject to the parties' respective rights of cancel.laiion in paragraph 8, below: Wildlife Control Dog 1: Legal Name of Dog: Rose Call Name of Dog: Rose Owners of Dog: Brett Brogan and Jane Brogan I..D. Number of Dog: Placer County California Dog License No. 64579 Microchip 1.0, 0006PP616 Lessors represent and agree that the Wildlife Control Dog identified above is trained as a working dog specializing in bird control and hazing. Lessors warrant and promise that the Wildlife Control Dog is in good health and has received all necessary immunizations /shots and, upon request, shall provide Lessee with written documentation of exam and shots records of the Wildlife Control Dog. shall i for routine and regular n immunization Lessors shall tirtati�;e and lia j% any 1'L e lln. or vaccination needs of the Wildlife Control Dog dudng the Lease Tenn. Replacement Dog. to the event the Wildlife Control Dog fails to or is unable to perform its ditties, if 'requested by Lessee and at Lessee's sol.e discretion, Lessors shall provide a replacement Wildlife Control Dog if one of the following conditions occurs. A. If, after two weeks from the end of the Training Period, the selected Wildlife Control Dog fails to perform its duties, Lessors shall replace the animal. Lessors shall pay for all costs of transportation of the replacement animal to Ted Stevens Anchorage International Airport (ANC) and Lessee shall pay for all costs of transportation of the replacement Wildlife Control Dog between ANC and the City of Kenai, Lessee shall pay for all costs of transportation to return the initial Wildlife Control Dog to Sacramento International Airport (SMF). Wildlife Control Dog Lease Page I I&ngt &aoglene0507I0 -135- L3, l:f the Wildlife Control Dog becomes injured or ill, and after two weeks of rest and rehabilitation the Wildlife Control Dog is still unable to physically perform its duties, Lessors shall replace the animal, Lessees shall pay for all costs of transportation of the replacement animal to Ted Stevens Anchorage international Airport (A.NC) and Lessee shall pay for all costs of transportation of t'he replacement animal between ANC and the City of Kenai. Lessee shall pay for all costs of transportation to return the initial Wildlife Control Dog to SMF. Lessee shall also pay to Lessors $250.00 for Lessors' as compensation for Lessors' additional expenses in retrieving the returned animal, Lessors shall be obligated. to provide only one replacement animal during the Lease Term and replacement is contingent upon availahil'ity of a suitable animal at the discretion of Lessors. The term Wildlife Control Dog as used herein is intended to also refer to any replacement animal provided to Lessee. Rent shall not be due to Lessors for any time during which. the Wildlife Control Dog or its replacement is in transit. 3. Rent, Lessee shall pay to Lessors five hundred dollars ($500) per calendar month as rem for one Wildlife Control Dog, prorated on a per clay basis of $16.13 for a partial in oath 's rent, Rent shall be paid within 30 calendar days of invoice by Lessors, If at any time a party terminates this Agreement as permitted herein, Rent shell be prorated up to the day of the notice of termination. Rent shall begin to accrue on the first day of the Lease Term or on the first day of the Training Period, whichever is later. 4. Lease'ferm. The Lease Term is from June 8, 2010, to August 2010. This Lease Term may be extended by written agreement of the parties at the same rent set out in paragraph 3, above, for up to and additional 30 clays. 5. Use of Wildlife Control Dog. The parties expect that the Wildlife Control Dog will he used as a working dog for the purposes of bird control at the Kenai Municipal Airport. Lessee shall not permit the dog to work alone, such as by patrolling the airport grounds independently without working with the primary handler. Lessee shall not permit the Wildlife Control Dog to be unattended outside of a secure enclosure, 6. Handlers. Lessee shall designate a primary handler to work with the Wildlife Control Dog, Lessors agree to accept and consent to the appointment of Ms. Olivia Pfiefer as Lessee's primary handler of the Wildlife Control Dog, Lessors recognize that Ms. Pfeifer is a minor and currently a student at Kenai Central High Wildlife Control Dog Lease Page 2 I siagtataogleasc0507 ID -136- School, Lessee may substitute other handlers for Ms. Pfeifer upon consent of Lessors which consent shall not be unreasonably withheld. The primary handler shall be an employee of Lessee during any period where the handler is working the Wildlife Control Dog. In addition, other employees of Lessee may assist the primary handler, Ms. Kiefer, with her duties and act as her supervisor. Training Period, Lessors shall provide 32 hours of training and instruction to Lessee and /or its designated primary handler, Olivia Pfeifer, at an additional cost of 52,000 to Lessee, Training will take place in the City of Kenai. between .tune 8 I I, 2010 (Training Period). The hours of training per day, and the location of training, shall be at the mutual agreement of Lessee and Lessors, depending upon weather, airport needs, and availability of Lessee's employees. Training will not be for more than 8 hours per clay (consecutive or split shifts) or cause the City to incur costs for overtime pay of its employees. It is the general expectation of the parties that training will take place at the Kenai Municipal Airport where Lessee intends to use the Wildlife Control Dog during the Lease Term and at other locations in the Kenai area. Because bird hazing activities can conclude rather quickly in one area and hazing may not be required for some period of time thereafter, the parties agree that some of the training activities may need to occur in locations other than at the Kenai Municipal Airport, Lessee is responsible for obtaining .any and all authorizations necessary to conduct training activities at additional bird hazing locations for training purposes. if the full 32 hours of the Training Period canner be accomplished on or between June 8 11, the Training Period shall be extended for up to two additional days at no additional cost except, however, that Lessee shall provide additional nights' lodging, payment of any fees required to change Lessors' airline ticket reservations, and $40 per slay for meals. If the Training Period still cannot be completed by that time, Lessee may waive the remainder of the Training Period with no reduction or pro- ration of the training fee or pay additional training fee of $250 per day (pins lodging, airline ticket changes, and $40 per clay for meals) thereafter to complete the training hours. 8, Training "Transportation and Travel Expenses. A.. Lessee shall pay $1,000 (total) toward round -trip airfare for one person to participate in the Training Period.. Except as may otherwise be expressly provided for herein, any travel cost or expense over and above L,000 shall be the responsibility of Lesson's. Lessors shall be responsible for purchasing airline ticket(s) for Lessors from their point of origination to ANC. Lessee shall pay for the cost of transportation for one person Wildlife Control Dog Lease Page. 3 I+/agaJdoglcose0.5o7 tp -137- between ANC and the City of Kenai on an air cattier selected by Lessee. Lessors arc aware that Lessee intends to provide this transportation through receipt of a donation of transportation services from a local Alaska. air carrier. 3. Lessee shall pay for the cost of accommodations for one person for 5 nights ioclgiitg at. a local bed and breakfast selected by Lessee. Lessors are aware that Lessee intends to provide this accommodation through receipt of a donation of accommodation services from a. local bed and breakfast. Accommodations will be provided by donation and arranged for by Lessee, Accommodations will be one room with all en suite bath and breakfast provided. Travel Expenses for Wildlife Control Dogs. A. Lessors shall. be responsible for purchasing, airline ticket(s) for the Wildlife Control Dog from its point of origination 10 ANC. Lessee agrees to pay for the cost of transportation for one Wildlife Control Dog between A.NC and the City of Kenai, Lessors are aware that Lessee intends to provide this transportation through receipt of a donation of transportation services from a local Alaska air carrier. R. Upon termination of this Agreement and /or at the end of the Lease Term, Lessee shall pay for the cost of transportation between the City of Kenai and SMF for the return of the Wildlife Control Dog. 10, Examination of Wildlife Control Dog. Lessee may, at its sole discretion and the during elect to have Lne Wildlife t.0.nt Control Dog examined by a 'Vetet n iai ratt ant "iii the Training Period and prior to return of the Wildlife Control Dog to Lessors. 11. Cancellation erminatinn, During the Training Period, Lessee shall have a full and fair opportunity to inspect the Wildlife Control Dog and to observe the Wildlife Control Dog's behavior and skills, Lessee, at any time during the course of the Training Period, may cancel this Lease. Upon such cancellation by Lessee, Lessee shall pay to Lessors any unpaid balance of the 1,000 transportation costs and, as prorated through the date of cancellation, any unpaid balance of the $2,000 training fee and accrued Rent. If, during the Training Period, Lessors reasonably detern7ine that Lessee cannot adequate shelter, care for, and accommodate the Wildlife Control Dog, Lessors may cancel this Lease. Upon such cancellation by Lessee, Lessee shall pay to Lessors any unpaid balance of the $1,000 transportation costs and, as prorated Wildlife Control Dog Lease Page 4 I ilugnx /doglen.Mi050710 -138- through the date o'et dation, any unpaid balance of the $2,000 training fee and accrued Rent. -139- Lf, Lessors do not cancel the Lease during the Training Period, Lessors shall be deemed. each to have accepted the sheltering and ewe arrangements made by Lessee for the Wildlife Control Dog. A fter the Training Period, Lessee may at any time terminate this Agreement upon 10 days' written notice. Unless termination is due to the failure of the dog to perform its duties, Lessee shall pay all Rent due (prorated. through the date of the notice of tennination) and pay for the return transportation costs of the Wildlife Control Dog from the City of Kenai to Sta. Likewise, after the Training Period, Lessors may at any time terminate this Agreement upon 10 days' written notice. Unless termination is due to a breach of this Agreement which remains uncured for five days, :Lessors shall pay for the return transportation costs of the Wildlife Control Dog from the City of Kenai to SM.F' or to another location selected by Lessors. 12, Care for Wildlife Control Dog. 'Lessee shall: A. provide for all food and nutritional requirements of the Wildlife Control Dog; B. provide adequate shelter and accommodations for the Wildlife Control Dog, including shelter from weather and cold, which sheltering and accommodations for the Wildlife Control Dog shall be subject to the reasonable approval of Lessors during the Training Period; C. provide for all the hydration needs for the Wildlife Control Dog; D. comply with any local licensing requirements (State or local) for the Wildlife Control Dog; f allow Lessors, or any one of them, access to the Wildlife Control Dog upon 24 -how' notice in order for Lessors to inspect tice Wildlife Control Dog and /or the shelter and other accommodations provided for the am'nal; h. permit only the primary handler of the Wildlife Control Dog to use the clog for bird control and hazing activities (this does not limit Lessee or the handler from providing non working interaction between the Wildlife Control Dog and other humans in a separate, non working environment, which interaction is specifically encouraged by Lessors); Wildlife Control Dog Lease Page 5 Islagr dopkmu05G7Io Ci. take steps to prevent the Wildlife Control Dog (if female) from becoming pregnant; pay for all veterinary bills associated with the Wildlife Control Dog arising out of any illness or damage caused to the Wildlife Control Dog during the term of the ].ease (excepting any prior existing or chronic illness diagnosed during the Lease Term); notify Lessors of any concerns or problems with the Wildlife Control Dog, including health and behavioral problems; and, return the Wildlife Control Dog, at Lessee's expense, to Lessors in substantially the same condition as the animal was received at the beginning of the Lease Term, normal aging expected. Indemnification by Lessee of Lessors. Lessee hereby agrees that Lessors, and their respective agents, heirs, executors, successors, and assigns, shall have no liability to Lessee for claims for personal injury, death, or property damages arising out of this Agreement. Lessee hereby agrees to waive, release, and forever discharge Lessors, and their respective agents heirs, executors, successors, and assigns, from any and. all such claims (whether known or unknown), demands, judgments, or awards for any personal injury, death, or property damage and coy consequential damages arising out of or related to the Wildlife Control Dog's actions during the term of this Agreement:. Lessee agrees to indemnify, defend and hold harmless Lessors, their employees and agents, and defend. any action brought against same with respect to any claim, demand, cause of action, debt or liability,(excluding, however, claims or demands arising out of the intentional misconduct or sole negligence of Lessors), including reasonable attorneys' fees, to the extent that such acl:io» is based upon a claim that: (1) if true, would constitute a breach of any of Lessee representations, warranties, or agreements hereunder; (ii) arises out of the negligence or willful misconduct of Lessee; or (iii) arises directly or indirectly out of or in connection with the operation of the Lessee. In no event shall Lessors be liable for any lost profits, lost savings, or other special, indirect, incidental, or consequential damages to Lessee, however caused, whether for breach of warranty, breach of contract, tort negligence, professional liability, strict liability or otherwise, arising out of or related to use of the Wildlife Control Dog for bird hazing activities. Wildlife Control Dog Lease Page 6 lyinglJdngleusioo5G7 it) -140- 14, Disclaimer by Lessors. Lessors assume no responsibility for determining when it is safe to conduct bird hazing activities. All bird hazing activities are conducted exclusively at the direction of City of Kenai personnel. Lesson recommend that no hazing be performed while aircraft are landing or taking off and that the dog handler be equipped with a. portable aircraft transceiver or in some manner be in direct radio contact with air/ground traffic control to obtain information and receive directions about when i.t is safe to conduct hazing work, No wildlife control assessments, certifications, plans or designs have been requested of Lessors by Lessee. it is the responsibility of Lessee to determine whether such planning is warranted and /or required by the Federal Aviation Administration. 15. Loss, Damage or Reath of Wildlife Control Dog— Agreed Value. If, during the Lease Term, any of the following events occur, then Lessee shall pay to Lessors a total of $10,000 which sum shall represent the agreed -upon fair market value of the Wildlife Control Dog. This sum shall be due to Lessors regardless of whether or not any of the following events were the result in whole or port of Me negligence of Lessee. A. The Wildlife Control Dog is physically damaged in a manner that adversely impacts its ability to perform bird hazing work at a level similar to that as existed at the dine of delivery of the Wildlife Control Dog to Lessee. B, The Wildlife Control Dog is lost or stolen. C. The Wildlife Control Dog becomes pregnant. 0. The Wildlife Control Dog dies by any reason other than by natural causes. any of the above events occur, and Lessee makes payment of the agreed -upon fair market value of $10,000, then in no event shall Lessee be liable to Lessors, their agents, heirs, executors, successors, and assigns, for any damages whatsoever in excess of the amount of the agreed -upon gain market value of die Wildlife Control Dog. 16, Entire Agreement. This Agreement constitutes the entire agreement between the parties, No modification or amendment of this Agreement is effective unless in writing and signed by both parties. 17. No Joint Venture. This Lease is not intended to create, end nothing in this Agreement should convey, or be construed to create, a joint venture between the Lessee and Lessors. Wildlife Control Dog Lease Page 7 IWa t kglcan 0507It) -141- 18, Interpretation, Headings of paragraphs herein are solely for con vt:uicaice of reference and. shall not affect meaning, construction, or effect of this Lease. Unless the context otherwise indicates, words expressed in the singular shall include the plural and vice versa. Unless the context otherwise indicates, the use of the neuter, masculine, or feminine gender shall include the others as well and the plural shall. include the singular. 1.9. Validity of Parts, if any term, condition., or provision of this Agreement is declared void or unen'for'ceable, or limited in its application or effect, such event shall not affect any other provisions hereof and all, other provisions shall remam F.ul.ly enforceable. 20. Time of Essence. Tune is of the essence in the performance of all rights and obligations of the parties to this Agreement. 21. No Waiver. IT either Lessee or Lessors does not insist in any one or more instances on the strict performance by the other party of any provision or article under this Agreement, it is not a waiver or relinquishment for the future; the provision or article will continue in full force. Any waiver of any provision of this Agreement cannot be enforced or relied upon unless the waiver is in writing and signed by the parties. 22. Rights or Remedies. No right or remedy herein conferred upon or reserved to each respective party is intended to be exclusive of any other right or remedy, Each and every right and remedy shall be ennuilative and in addition to any other right or remedy given hereunder, or now or hereafter existing at Law or in equity. 23. Governing Law. The laws of State of Alaska will determine the ineeI of this Agreement and the performance thereof. 24. Disputes. in any dispute between the parties, the laws of the State of Alaska will govern. If any such dispute results in a lawsuit, the parties will bring the lawsuit before the superior court of the State of Alaska, "third Judicial District at Kenai, 25. Attorney's Fees and Costs. if any legal proceeding is brought for the enforcement of this Agreement, or because of a dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover from the other party, in addition to any other relief to which such party may he entitled to, attorney's fees and costs pursuant to Alaska. R. C'iv. P. 79 and 82. Wildlife Control Dog Lease Page 8 I Bengt Jdo gi ea se0507 I 0 -142- 26, Effective Date, This Agreement and all of its terms shall be effective upo the M of signature of both parties. 27. Duplicate Originals. This Agreement may be executed in duplicate originals. :LESSORS; STATE OF CALIFORNIA CAMERON CUNNINGHAM COMM, #1'800029 NOTARY PUBLIC CALIFORNIA PLACER COUNTY COmnl, Expires June I, 2012 STATE OF CALIFORNIA COUN'IY OF PLAC..ER Wildlife Control Dog Lease I,, dugisidogle9SC0i07 10 )ss -143- l3rett Brogan, Own J,Zme Brogan, Owner Li ick R, Koch, City Manager COUNTY OF PLACER THIS l5 TO CERTIFY that an this 10 day of May, 2010 Brett 13rouaa 144.4s-ar having produced satsfactory evic c of identification, appeared before me and acknowledged the voluntary and au t ut .ed execution of the foregoing instrument:. Notary Public ''r :alifomin My Commissio xiaires: 3 p e1 Lcr1 THIS IS TO CERTIFY that on this J,b. day of May, 2010, Jane Brogan *known to aye -c+s having produced satisfactory evidence of identification, appeared before Page 9 me and acknowledged the voluntary and instrument. 3AMGRGN CUNNINGIEAM COMM. 0,800029 NOTARY niauC CAUBORNIA PLACER worm y Cassia. Expires JUNI i, 20;2 r r ro r• o r .r )ss THIRD JUDICIAL DISTRICT STATE OF ALASKA Wildlife Control Dog lease lezipl iloglotisc0507 I0 -144- zed execution of the foregoing Notary Pub for California My Commission Expires: 3vne t'' to I This IS TO CERTIFY that o.n this {u„„ clay of May, 2010, LUCK R. KOCH, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary lrr, d execution of the foregoing instrument on behalf of said City, Agir perr -r Approved as for fern 1<vista S. Stearns, City'Attoi`t Notary Public for Alaska My Commission Expires: W_ ill{ Q ClCp Page 1 REPORT OF THE CITY ATTORNEY KENAI ALASKA V MEMO: "Vinlaye with a Past, Ci y with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907- 283 -3014 TO: Mayor Porter and City Councilors FROM: Krista S. Stearns, City Attorney DATE: May 12, 2010 SUBJECT: Alaska Bar Association Board of Governors This memo is to give you an update on my activities during the Alaska Bar Association's Board of Governors (BOG) meeting and the Annual Bar Convention that I attended at the end of April. On April26 and 27 I attended my first meeting in my new role as a member of the BOG. I attended the meeting as an observer only as my term as a member of the BOG did not begin until May 1, 2010. I previously served on the BOG between 2007 and 2010, and am pleased to renew my service to the profession in this role. The agenda for the BOG meeting is give a flavor of t h e items of a n_a below- ..a t u to 6v y:,.. ..a v u... um vi business presented. ..i:u, .0 is a more general explanation of the function of the BOG. The Alaska Bar Association (Bar) regulates the practice of law in Alaska for over 3,900 members. It is an instrumentality of the state and every person licensed to practice law in Alaska must be a member of the Bar. Pursuant to state statute, the Bar is governed by a Board of Governors, with nine attorneys elected by the membership of the Bar and three public members appointed by the governor. The primary function of the BOG is the protection of the public though regulation of attorneys and member and public service. The Bar is responsible to the Alaska Supreme Court for the admission of attorneys and the attorney discipline process. (The BOG typically meets yearly with the Alaska Supreme Court during one of its quarterly meetings.) The BOG approves and recommends to the Alaska Supreme Court rules concerning admission, discipline, licensing, continuing education and defining the practice of law. Attorney discipline is probably the most significant function of the BOG 1 1111. 1992 as it directly affects delivery of services to the public as well as a lawyer's ability to earn a living and support themself /and their family. I am one of only two lawyers working in the public sector currently sitting on the BOG, and the only City Attorney (although one other attorney member does some municipal law work through his private practice). I have heard that I am the only attorney from the Peninsula to have been elected to the BOG and I am proud to represent the City and the Kenai Peninsula in this role. I am also pleased to report that during this upcoming year, I will serve as the Vice President of the Bar, having been elected to that position by the members of the BOG and of the Bar. The BOG will meet four times in the next year. I have attached a schedule of the meetings, along with a list of the other members of the BOG. The Bar pays for my travel expenses to attend the meetings. There may also be a few telephone conferences that I will participate in throughout the year as matters arise. For example, I expect to soon participate in a telephone conference to discuss whether special testing accommodation requests (extra time, private rooms, computer usage, etc...) by persons taking the bar exam in July can, or should, be granted. The April BOG meeting was held immediately before the Bar Annual Convention. During the Convention, I attended more than ten hours of continuing legal education seminars as well as scheduled social events that allowed me to meet members of the judiciary and with my colleagues. I was also able to meet informally with other public attorneys and learn from their experience. The collegiality of the municipal attorney bar is extraordinary in Alaska and we all benefit from opportunities to meet, both formally and informally, to exchange ideas. I feel truly fortunate to have had the support of the Council in attending both the BOG meeting and the Alaska Bar's Annual meeting and I thank you. oouncilMemoBOG05121.0 -147- Board of Governors Meeting 550 W. 7th Ave, Ste. 1900 Anchorage, AK 99501 April 26 27, 2010 Monday, April 26, 2010 10:30 Roll Call President's remarks: introductions 10:35 (1) Rules A. Status of Proposed Rules Chart. B. Alaska Rule of Professional Conduct 3.8: Amendment adding new subparagraphs to the rule. Forwarded by ARPC Committee for consideration by the Board. Published Oct /Dec 2009 Bar Rag. Tabled at January 2010 Meeting. Republished Jan/Mar 2010 Bar Rag. Final consideration. C. Bar Rule 65(g)(11): Addition adding service on the Area Discipline Divisions, and Area Fee Dispute Resolution Divisions as qualifying for MECLE credit. Published Jan /Mar 2010 Bar Rag. Final consideration. D. Bar Rule 10(f): Amendment providing for the appointment of more than one Board Discipline Liaison. First consideration. 4:30 Recess E. Bar Rule 36(a): Amendment correcting appointing authority language. First consideration. F. Bar Rule 40(0(11): Amendment changing fee arbitration proceedings recorded "on tape" to recorded "electronically," First consideration. G. Bar Rule 34(b): Amendment requiring fee arbitration when client has agreed to arbitration in an agreement. Further consideration. H. Bar Rule 39(d)(2): Amendment clarifying waiver of right to request or maintain arbitration. First consideration. 11 :30 Lunch (working lunch) 12:00 (2) In the Disciplinary Matter Involving John Rice, ABA File Nos. 2006D 188, 2007D006, and 2007D260. (Public Proceeding) -148- Tuesday, April 27, 2010 9:00 (3) Elections polls A. Online voting B. Alaska Judicial Council appointment 1st District C. ALSC appointments 9:15 (4) Court system request for funding fall conference 9:45 (5) Admissions A. Reciprocity applicants B. Bar exam results or set meeting date for bar exam results 10:00 (6) LRE grants 10:30 (7) In the Disciplinary Matter Involving Ra Shipps, ABA File No. 2005D114, 2005D 164, 2007D087. (Public proceeding) 12:00 Lunch (working lunch if necessary) 1:00 Public Comment 1:15 (8) Ethics Opinion 2010 Ability of Lawyer Not Admitted in Alaska to Maintain Alaska Office for Federal Immigration Practice 1:45 (9). In the Reinstatement Matter involving Mark Nunn, ABA File No. 2009R001 (Public Proceeding) 2:45 (10) Discipline and Fee Arbitration Report A. Statistics: Quarterly Reports, 15 Quarter 2010 B. Summaries C. Update: McLaughlin v. Alaska Bar Association, et al. (Executive Session) 3:00 (11) Lawyers' Fund for Client Protection Committee: Committee Reports in ABA File No. XX (Confidential Proceedings) 3:30 (12) Pro bond report 3:45 (13) CLE Convention report 4:00 (14) MCLE report -149- 4:15 (15) Information Consent A. Approval of January meeting minutes B. Financial information 4:30 (16) Resolutions for annual business meeting 4:45 (17) Election of officers 5:00 Adjourn 0: \ADM[N EXDSR \BOG \MEPTTINGS \AGENDA 10-4.dcc -150- To: Board of Governors From: Deborah O'Regan, Executive Director Date: March 5, 2010 Subject: Board Meeting Schedule for 2010 2011 Here are the Board of Governors meeting dates during Jason Weiner's term as president. September 9 10, 2010 (Thursday Friday) October 28 29, 2010 (Thursday Friday: July Bar Exam results budget) January 27 28, 2011 (Thursday Friday) May 2 3, 2011 (Monday Tuesday) May 4 6, 2011 (Wed. Friday: Annual Convention Fairbanks) cc: Bar Staff G; \ADMIN \EXDIR \BOO \MEETINGS \MTODATES.DOC -151- Jason A. Weiner, President PO Box 71671 Fairbanks, AK 99701-1671 Phone: (907) 4524255 Fax: (907) 456-1480 Email: jweiner @fairbankslaw.com Term Expires: May 2011 Donald W. McClintock, President -Elect 1227 W. 9th Ave., Ste 200 Anchorage, AK 99501 Phone: (907) 276 -4331 Fax: (907) 277 -8235 Email: dwm @anchorlaw.com Term Expires: May 2011 Krista S. Stearns, Vice President City Attorney's Office Kenai 210 Fidalgo Ave Kenai, AK 99611 -7794 Phone: (907)- 283 -7535 Fax: (907) 283 3014 Email: kstearns @ci.kenai.ak.us Term Expires: May 2013 Peter J. Maassen, Treasurer 813 W. 3rd Ave Anchorage, AK 99504 -2001 Phone: (907) 258 -8750 Fax: (907) 258 -8751 Email: peter @impc law.com Term Expires: May 2012 Don McLean, Secretary (Public Member) 3719 E. Meridian Lp., Ste. B Wasi laa, AK 99654 Phone: (907) 373 -2440 Fax: (907) 373 -1920 Email: farm @mtaonline.net Term Expires: March 2013 Loren P. Hildebrandt, New Lawyer Liaison Alaska Court System 4th floor 825 W 4th Ave Anchorage, AK 99501 Phone: (907) 264 -0648 Fax: (907) 264 -0710 Email: loreh ild @gmail. com Term Expires: May 2012 prruu ntEi 'I ALASKA BAR ASSOCIATION BOARD OF GOVERNORS 2010 -2011 Mark Andrews 1648 Cushman, Ste 300 Fairbanks, AK 99701 -6228 Phone: (907) 452 -5181 Fax: (907) 456 -6359 Email: mandrews @alsc- iaw.org Term Expires: May 2012 Updated May Alexander 0. Bryner Feldman Orlansky Sanders 500 L St 4th Floor Anchorage, AK 99501 Phone: (907) 272 -3538 Fax: (907) 274 -0819 Email: bryner @frozenlaw.com Term Expires: May 2013 David Eichler (Public Member) 3375 Badger Road #1 North Pole, Alaska 99705 Phone: (907) 488 -0978 Fax: (907) 488 -4421 Email: northpoledentist @gci.net Term Expires: March 2012 Carl Ekstrom (Public Member) 6689 ChangePoint Dr. Anchorage, AK 99518 Phone: (907) 646 -4887 Fax: (907) 646 -4886 Email: carle @changepointalaska.com Term Expires: March 2011 Michael A. Moberly 310 K St Ste 405 Anchorage, AK 99501 Phone: (907) 339 -7200 Fax: (907) 339 9005 Email: moberlylaw @alaska.com Term Expires: May 2013 Mitch Seaver Ziegler Law Firm 307 Bawden St. Ketchikan, AK 99901 Phone: (907) 225 -9401 Fax: (907) 225 -5513 Email: seaver @kpunet.net Term Expires: May 2012 Hanna Sebold PO Box 110300 Juneau, AK 99811 Phone: (907) 465 -3600 Fax: (907) 465 -2539 Email: hanna.sebold @alaska.gov Term Expires: May 2011 ZB' �".g�} les Cent n..CYU „t'iI +,CT 1rB INFORMATION ITEMS INFORMATION ITEMS KENAI CITY COUNCIL MEETING MAY 19, 2010 1. 5/19/2010 Purchase Orders Between $2,500 and $15,000 for council review. 2. Budget Transfer in Capital Projects in excess of 5,000. 3. 5/13/2010 Kenai River special Management Area Advisory Board meeting Agenda and minutes of the 4/8/2010 meeting 4. 4/30/2010 Senator Mark Begich letter of congratulations related to the library expansion groundbreaking. 5. 4/30/2010 L. Nauta, Principal, Aurora Borealis Charter School letter thanking the City for snow removal along Frontage Road. 6. 5/18/2010 Kenai Peninsula Borough Assembly Meeting Agenda. -154- 0 0 0 0 0 rsi W z m 0 0 0 0 ti r 0 0 0 0 U) 0 0 0 O O W a. 0 O w Project: Wellhouse #4 'Vi 'aye with a Past, with a Rttare 210 Fidelgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 Fax: 907- 283 -3014 www.ci.kenai.ak.us Budget transfers in Capital Projects in excess of five thousand dollars ($5,000). Transfer From Transfer To Amount Explanation 621 -8098 Construction 621 -8095 Engineering $58,738.00 Funds needed for Tasks 13 14 -156- KENAI RIVER Special Management Area "Working together... for the dyer" CALL TO ORDER A. Roll Call B. Minutes Approval C. Agenda Changes and Approval Ih Public Comments /Presentations III. REPORTS A. Agency and Government Reports a. State Parks Sinclair, Russell b. DEC- Stevens c. ADF &G- Vania/ Begich/ d. USF &WS- Schmidt e. USFS /Chugach- Skibo f. City of Kenai- Ogle g. City of Soldotna- Micciche h. Kenai Peninsula Borough- Carey B. Committee Reports a. President's Report b. Guide Advisory c. Habitat d. River Use e. Permits f. Legislative /Government Activities g. Board Development h. Agenda /Board Structure /Housekeeping IV. OLD BUSINESS A. Tabled for discussion: The Pillars parking and access V. NEW BUSINESS VI. CORRESPONDENCE VII- PUBLIC COMMENT Kenai River Special Management Area Advisory Board Meeting Agendaet" Thursday, May 13, 2010 5:30 p.m. Gilman River Center Speaker Series Presentations: Megan Murphy, Kachemak Bay Estuarine Research Reserve VIII. ADJOURNMENT A. Board Comments B. Dale /Agenda of Next Meeting September 9, 2010 5:30 p.m. Kenai Area Office, PO Box 1247, Soldotna, AK 99669, 907- 262 -5581 Kenai Peninsula Borough, 144 N. Binkiey, Soldotna, AK 99669 907-252-4441 Oilman River center 514 Funny River Road, Soldotna, AK 99669, 907-260-4882 Alaska OivSion of Parka an Outdoor Recreation, Department atural Resources, in cooperation witn the Kenai Pannonia aorouph r`�c 7 Ila' n /tr -1 '�lJ`ii L.I N)r�. .N, L fr'u �i 21.18.060 21.18.080 21.18.090 21.18,091 Kenai River Special Management Area Advisory Board Minutes Gilman River Center Thursday, April 8, 2010 5:30 p.m. Call to Order A. Members Present: Joe Connors, Carol Padgett, James Czarnezki, Bruce King, David Carey, Jason Pawluk, Tim Stevens, Andy Loranger, Jack Sinclair, Brenda Trefon, Steve Bonebrake. B. The Minutes for March 11, 2010 were approved as written. C. Agenda Changes and Approval: Agenda was approved as written. 1!. Public Comments /Presentations Ron Isaacs expressed his support for the signage at Eagle Rock and commented that he would like to see the similar signage near high bluffs by the fish counting station, Speaker Series Presentations: Mark Willette, ADF &G, gave history of non-commercial fish within the Kenai River Special Management Area. John Mohorcich, KPB Planner, gave a power point presentation over HPO 21.18 Ordinance recommendation set four and the timeline. Copies of the presentation can be found on the Donald E. Gilman River Center Website: http: /fv✓ww. kenairivercenter .ora /workingarouo /set4. html. The fourth set of recommendations included the following: Prohibited Activity within the Protection Area Conditional Use Permit Prior Existing Uses and Structures Mitigation Measures The following questions and answers were presented for the second set of recommendations: Wayne Ogle asked what the reasonable use of a property was and if it was discussed? John M. stated it ',c =d and we airiPrl definitions to the ordinance, we defined an accessory structure, a principal structure, and an abandoned structure. We tried to define what the principal or intent use of the property is and some of these were obviously subdivision lots intended for development of residences. Some of them were recreational lots and in the original subdivision and convents it says that they are not suppose to have quote residential cabins on them, they are only suppose to have a boathouse or something like that on it. So what we tried-to do in this code is to define that so that it would give guidance to our planning commission when we are looking at the conditional use to be able to authorize the proper activity or structure based on the principal use of that property. You will see that through all 4 sections of our code. Jim Czarnezki stated there were specific guidelines in the borough code for fish cleaning stations and private boat launches. Jim C, asked if there were similar guidelines for fences and signs in the borough code. John M. stated there is some guidance but no specifics. It's a balancing act, when you write code there are times when you want to try to give the planning commission staff some leeway to try to make good decisions, but at the same time to provide that guidance. We felt that some of those more difficult areas that we've dealt with, specifically boat launches, also we looked at the potential impact that the size of footprint of that type used compared to some of the others, we felt that we should probably try to some more specific guidance for both, for all 3, the applicant, staff, and the planning commission. So, a boat launch is quite a removal of the habitat riparian area versus a fence, where you just have a 4' X 4' post every 8 feet or a 2 inch diameter metal chain link fence, Joe Connors asked about the significance of lifts within the conditional use section. John M. stated we have had a few applications for lifts in two different areas. Again, we defined those in the definitions, we have two areas that you see those being applied for are people who have ADA or have handicap issues. Applicants basically take a power lift, similar to those you would see in a home going up and down the stairs, from the Kenai River Specia1Management Area Advisory Board Minutes April 8, 2010 Page 1 of 6 -158- top of the bank to the river and back. The other lift we have seen is the ability to pick up a boat or an airplane out of the river and basically have it suspended or move it up to a trailer. Tend to see more of these lifts on Skilak Lake where you have a lot of chop water, the lift helps keep the boat from being beat up. Also, the saltwater areas where you have the big tides use the lifts. Tim Stevens asked if there was usually a roadway associated with the lifts John M. commented that the few times we have issued permits for lifts the roadway was not allowed within the 50 toot. The lift had to be able to suspend the boat or air plane out over the 50 foot mark. Joe Connors asked if a private boat launch on the Kenai River is changed to public, can improvements then be made to the boat launch. John M. stated that according to borough code as long as you stay within the 50 foot and the same footprint you could, however, other agencies may not approve of such improvements. Steve Bonebrake asked if the river center anticipates or seen any increase in boat launch applications for improvements? John M. stated he won't say an increase, but the river center has about 2 or 3 people come in a year and talk about improvements, a couple are normally older boat launches that haven't been used for quite a while. Bruce King asked for an explanation of what water dependent means related to the fences, John M. stated the fences were to manage trespass and bank trampling issues. One of the uses was for those property owners who were out of state, who used the fences as a method to manage their property to prevent bank vegetation trampling. The other area is when the agencies and even some private land owners do a new riparian fix, we have that time period where we have to teach people how to properly use it and so we put up orange temporary fencing. Joe Connors asked if it would be appropriate if an individual wanted to put a fence down each side of the property to the river were the grass stops. Is that water dependent if an individual just wanted to put a fence up? John M said no because the individual would have to meet the other criteria. So they would have to expand more on their reason for wanting to put up the fence or else the planning commission would have the ability to deny the application. What we usually try to tell applicants is to put up a vegetation barrier rather than a fence. Bruce King suggested the borough code read water 'activity' dependent rather than water dependent. Tim Stevens asked how wells fall into the criteria. John M. stated wells are probably the biggest stretch on the list. Where we get into that situation is only when DEC regulates septic and well separation and also the separate from a water body. So, to by to fit someone's well and septic on their lot, or lots that are already developed, sometimes they cannot meet those separations and stay out of the 50 foot. So, as we know they have the ability to go to DEC and sometimes they can get a lesser distance of separation because of issues or they can come to the River Center and ask to put it in the 50 foot. We have not authorized any septic in the 50 foot, but we have done a few wells because through engineering drawings and working with DEC that seemed to be the resolution or solution to the issue. The water dependent is that to develop that piece of property and have well and septic on site that it needs to be there. Again, we would go back to the definitions of the intent of that parcel, was it intended initially sold and purchased for the intent to have a residence on it versus just a recreation use, such as a picnic table. Jim Czarnezki asked if "reasonable use" was taken out of the borough code for the conditional use permits. If so. what did the planning commission say about it? John M. said that the "reasonable use" portion was removed from the borough code under conditional use permits section. The planning commission was pretty happy with the conditional use section. Bruce King asked if the borough has the ability to stop work immediately if they see a serious violation, John said it is listed under Borough Ordinance Code 21.24, which is the compliance section. If you look in the total code of 21.18, it says that compliance will be managed under borough code 21.24. Tim Stevens asked about variances and if it was discussed already. Kenai River Special Management Area Advisory Board Minutes April 8, 2010 Page 2 of 6 -159- John M. stated it was discussed and included in set 3 of the recommendations, Steve Bonebrake asked if they had a wavier possibility. John stated no, we have a staff permit, conditional use, and variance. Steve Bonebrake asked on some of the older walkways that don't meet the current standards, even though you have the exact same footprint, do you have to meet the new standards? John M. stated that in set 2 recommendations the height and light requirements were changed. If it is 60% or greater light penetrating you can have the legs 4 inches off the ground. This set of recommendations did pass last Tuesday night. Joe Connors asked what happens when someone has a structure that is totally out of compliance, do we have a concern that somewhere down the line we need to bring it into compliance. John M. stated the staff wanted to go in that direction. We think the grandfather clause or prior existing clause is there to utilize the life of that structure and once that is gone it should be phased out. We got a resounding no way from the planning commission, they felt it was very important to the economy and to the people's use of their property; they used the example of the river house in Soldotna, The planning commission said that if the structure burned down or if it was transferred and someone had to move it out of the 50 foot it would be an economic hardship and the building should be allowed right where it is at. They asked specifically for quite a bit of changes in this section. Under this section we are not going there. Joe Connors asked if if would come up later in the ordinance in a different section. John M. stated that it might come up in phase 2 or phase 3 discussions, but it would probably have to come back to this section and re -open it. Joe Connors asked a question on abandonment. Is the structure abandoned or the premises the piece of property? What has to be abandoned? John M. stated we have 'abandonment' defined as to stop the use of property intentionally. When the use of a property has ceased and the property has been vacant for 24 months, abandonment of use will be presumed unless the owner can show that a diligent effort has been made to sell, rent, or continue the prior existing use of the property. Steve Bonebrake asked if any of the abandoned structures have a historical value. John M. stated the only ones he could think of were some structures around Cooper Landing, where some of the old caches are. We would find some way to deal with those appropriately. Joe Connors asked what happens if the property owner doesn't want to work with you? John M. stated that we would go to the compliance section 21.24 of the borough ordinance code. Jim Czarnezki asked when the borough assembly would meet for this set of recommendations. John stated April 20` it will be introduced to the assembly and then on May 18 the assembly will have their first hearing on this ordinance. III. Reports A. Agency and Government Reports a. State Parks, Jack Sinclair, 3 construction projects that were started several weeks ago. One was the Pillars boat launch extension, which was started on Monday April 5 and will be complete by the end of this week. Steve Russell, with DEC has monitored that for contamination. Morgan's Landing is another project and we've been driving pile, over 1 DD new pilings their for replacing walkway that was taken out during the 2007 flood and to replace those we've been wanting to replace for some time now. At Funny River, we also replaced some piling there as well. The rest of the structures will be put in before July 1, 2010. The pilings needed to be in when the ground was still frozen. Ranger's have ranger training next week. Pillars will probably be open starting May 1, 2010. Kenai River Special Management Area Advisory Board Minutes April 8, 2010 Page 3 of 6 -160- b. DEC, Tim Stevens, hoping to make decisions on ACWA (Alaska Clean Water Act) grants by the week of April 15 2010. c. ADF &G, Jason Rawtuk, deadline for board of fish proposals is April 9 2010 at 5:00 p.m. d. USF &WS, Andy Loranger, introduced himself as the new manager of the Kenai National Wildlife Refuge e. USES/Chugach, Bobbi Jo Skibo, no report. City of Kenai, Wayne Ogle, last night at the Kenai City Council meeting, the Kenai Municipal Library building project was awarded to Blazy Construction Company. South beach fencing project will put same type of permanent fencing as we have down on the North beach, the only change is we have to buy American. A couple water sewer projects along bridge access road. Water extension project on Lawton. City of Soldotna, Steve Bonebrake, Kenai River stair project at the bridge is basically complete now. The downstream trail project at Centennial Park, the one that is downstream from the boat ramp is in process. The gravel portion is in and the foundation is in the ground. They will have elevated walkway that will look different and anticipate it being done in the next 2 -3 weeks. Clearing project next to the Gilman River Center is for relocating the Funny River Road, plus an extra 100 feet of clearing between the old road and new road for more airplane tie downs and lease lots. At the Soldotna Creek Park, we have 2 projects that will be starting up within the next couple of weeks. One is expanding the existing playground at Soldotna Creek Park, we have a lot of volunteers on this project, and it will be a very high quality kid's park. This is not a City of Soldotna project; it is an all volunteer project. The other is improvements to Soldotna Creek Park, regarding the parking area, drainage improvements, the entry, and the veteran's memorial. The land has been acquired there; all easements are now in place. Design is now complete; we are now in permitting process. We will postpone starting the project until August timeframe, due to events held there throughout the summer. We have two water distribution projects coming up, which are primarily well projects. Cleaning up our lift station, these are also ARRA projects. The City of Soldotna has several other projects planned, Banner Street, is going to be advertised next week. Also West Redoubt, going past Redoubt Elementary into the new subdivision will be paved shortly. 9 h. Kenai Peninsula Borough, David Carey, waiting budget wise, downloaded 160+ pages of the senate capital projects this afternoon. We are just watching all the projects. B. Committee Reports a. President's Report, Joe thanked everyone for all the work they are doing. Hope that everyone can make it on the KRSMA river trip. b. Guide Advisory, did not meet. Will have a meeting next Thursday, April 15th at 1:00 pm. c. Habitat, met this morning at 10:00 am. Would like to withdraw the action item concerning the letter to the borough assembly for recommendation sets 1 and 2 of the borough ordinance 21.18. We did not reach a quorum during the email vote. The assembly did pass those 2 items. d. River Use, did not meet. e. Permits, did not meet. f. Legislative /Government Activities did not meet. David Carey stated working hard to support Park service and those programs. g. Board Development, met with Bobbie Jo Skibo and Janet Schmidt to discuss the KRSMA river trip. h. Agenda /Board Structure /Housekeeping did not meet. IV. Old Business Action Items A. Action Item: Voluntary Drift Area -Lower River Jim C. made the motion to bring the Voluntary Drift Area action item to the board. Kenai River Special Management Area Advisory Board Minutes April 8, 2010 Page 4 of 6 -161- Carol Padgett seconded. A discussion of the Voluntary Drift Area action item was held. Jack Sinclair made the suggestion to include the word 'fishing' in the signage and recommended using green lettering on white background for the signs. By including the word 'fishing', the sign would then read, "Eagle Rock Traditional Drift Fishing Area where before it read "Eagle Rock Traditional Drift Area". The appropriate permits for the signs would need to be obtained from the borough and parks Jim C. made the motion to amend the sign to read "Eagle Rock Traditional Drift Fishing Area adding the word 'Fishing' between the words 'Drift and Area'. Bruce King seconded Amendment to Voluntary Drift Area signage passed unanimously. Bruce made motion to amend sign to read'driffting' rather than 'drift'. The wording would change from "(Please yield to drift anglers when present) to "(Please yield to drifting anglers when present) Joe Connors seconded Amendment to Voluntary Drift Area signage passed unanimously. Vote was taken on the amended Voluntary Drift Area signage action item. Amended motion passed unanimously B. Action Item: Boating Education Carol made motion to bring the boater education item to the board. Jim C. seconded. Wayne Ogle made the motion to change all 6 instances of the word "boater" to `boating" in the language. Bruce King seconded. Amendment passed unanimously. Vote was taken on amended boating education action item. Amended motion passed unanimously. C. Tabled for discussion: The Pillars parking and access Jack Sinclair said the Pillars parking and access was tabled until further discussion with Peter Micciche. V. New Business A. KRSMA River Trip, Jim C. spoke regarding the river trip and getting KRSMA board members out. Plan to have a 2 day trip on the Kenai River and along the way have people give a presentation about the different areas and their jurisdictions. It would be an opportunity to see the new things put in along the river. Jack Sinclair suggested taking single days rather than a 2 -day trip to see the upper and lower Kenai River. Take one day to see the Upper Kenai and one day to see Lower River. August g and July 11' were the dates decided for the KRSMA River Trip. B. E -Mail Voting Process, Jim C. stated this went out from the habitat committee to the entire KRSMA board. Had a discussion on how to determine a quorum and how to count non responsive emaiis. Decision was made not to have a voting process by email. Kenai River Special Management Area Advisory Board Minutes April 8, 2010 Page 5 of 6 -162- VI. Correspondence none VII. Public Comment none VIII. Adjournment A. Board Comments Jim C. stated he joined in the statewide advisory board conference call with James King. April 26" 27'" is the Kenai River baseline water sampling. Dave Carey thanked the borough river center employees for all their hard work in looking at borough ordinance 21.18. Jack Sinclair thanked everyone for all their hard work. B. Date /Agenda of Next Meeting May 13, 2010 5:30 p.m. Kenai River Special Management Area Advisory Board Minutes —April 8, 2010 Page 6 of 6 -163- COMMITTEE ON ARMED SERVICES MARK BEGICH ALASKA COMMITTEE ON COMM! I I EE ON THE BUDGET COMMERCE, SCIENCE, AND TRANSPORTATION SUITE 750 510 L STREET ANCHORAGE, AK 99501 Mayor Pat Porter City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Dear Mayor Porter: United *tatez *mate WASHINGTON, DC 20510 April 30, 2010 r RECEIVED MAY 5 2010 KENAI.. CITY CLERK Congratulations to you and the city council on making the Kenai Community Library expansion a reality. I understand the library recently celebrated its 60th anniversary. Through your commitment and strong community involvement this facility will now double in size and have space to meet the community's library needs, COMMITTEE ON VE I ERANS' AFFAIRS It is my favorite season in Alaska: construction season. This summer will be an especially busy construction season as federal funding comes into the state for hundreds of infrastructure projects. Many Alaska projects including the Kenai library, on the shelf for years, are now moving ahead and creating good jobs. This project is one of many you will see as you travel around Alaska this summer. Over $1.6 billion in federal dollars will be invested, much on the Kenai Peninsula, including airport improvements, local water and sewer upgrades, and road improvements on the Sterling Highway. I am a big supporter of public libraries and value programs enhancing learning. Thank you for your commitment and dedication. I know there will be some short-term pain for library users during construction; but a long term gain in a nicer facility.' Thank you, Mayor Porter, the Kenai City Council, city staff, the Library Commission, and. Friends of the Kenai Community Library for facing challenges, championing your cause, and seeing this through I know you have worked on this for a long time. Congratulations. SUITE 206 101 12TH AVENUE FAIRBANKS, AK 99701 19071 -5915 19071456 -0261 Since ly, ark Begich United States Senator SUITE 308 SUITE 101 ONE SEALASKA PLAZA 805 FRONTAGE ROAD JUNEAU, AK 99801 KENAI, AK 99611 19071586 -7700 1 64_ (9071 282-4000 SUITE 230 1300 FIRST AVENUE KETCNIKAN, AK 99901 SUITE SR -144 RUSSELL BUILDING WASHINGTON, CC 20510 19071225 -3000 (2021224 -3004 e k t 5,6,' 1 6,cho /4 61 att CeL s/te nottvt att0-13 et SS C taTI:ecit Aurora.. =Pk rea13 elheLictel :3c le.bo Lt)ct sr ctn C e t1:1 ±h YLL t4 ,s0k or.). (1) t 3 LU r U I RC) 020 -11115 1,0 T Dniu OA, eV) A tat, 4 t U -165- kirt 1>i;CIC (11T L.,L) p fesai LckO (..,LyL\D eree c;.:r ilko- Kenai Peninsula Borough May 18, 2010 7:00 I'M Pete Sprague Assembly President Seat 4 Soldotna Term Expires 2010 Hal Smalley Assembly Vice President Seat 2 Kenai Term Expires 2011 Paul Fischer Assembly Member Seat 7 Central Term Expires 2010 Make Haggerty Assembly Member Seat 9 South Peninsula in Expires 2012 Gary Knopp Assembly Member Seat 1 Kalifornslcy Terre Expires 2012 Sue McClure Assembly Member Seat 6 East Peninsula Term Expires 2012 Charlie Pierce Assembly Member Sett 5- Sterling /Funny Slyer Term. Expires 2011 Bill Smith Assembly Member Seas d Homer Term Expires 2011 Gary Superman Assembly Member Seat 3 Alikiski Term Expires 2010 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. INVOCATION D. ROLL CALL E. COMMITTEE REPORTS G. APPROVAL OF MINUTES 1. May 4, 2010 Regular Assembly Meeting Minutes l H. COMMENDING RESOLUTIONS AND PROCLAMATIONS I PRESENTATIONS WITH PRIOR NOTICE (20 minutes total) 1. Kenai. Peninsula Borough School District Quarterly Report 0 minutes) F. APPROVAL OF AGENDA AND CONSENT AGENDA (All items listed with an asterisk are considered. to be routine and non -controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.) PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (3 minutes per speaker; 20 minutes aggregate) MAYOR'S REPORT Regular Meeting Borough Assembly Chambers, Soldotna, Alaska Agreements and Contracts Assembly Agenda a. Approval ofWavier of Formal Bidding Procedures for the Purchase of Landscape Fertilizer for Alaska Garden and Pet Supply Alaska Mill and Feed 14 May 18, 2010 Page 1 of 6 -166- 13 h. Authorization to Award Contract for Central Peninsula Landfill Baler Facility Lighting Upgrade for Solid Waste by Cook Inlet Lighting 16 c. Authorization to Award Contract to Rain Proof Roofing, LLC for Ninilchik Elementary High School. Re -Roof and Window 1 Door Replacement 18 d. Authorization to Award Contract to Peninsula Construction for Crooked Creek State Recreation Area River Bank Restoration 20 2. Other a. Summary of 911 Revenues and Expenditures 21 b. Spruce Bark Beetle Mitigation Monthly Status Report from April 1., 2010 to April 30, 2010 23 c. Letter Appointing Mayor to Kenai Peninsula. Anchorage Borough Resource Advisory Committee ti7 d. Revenue Expenditure Report April. 2010 28 e. Budget Revisions April 201.0 31 Litigation Status Report 35 L. ITEMS NOT COMPLETED FROM PRIOR AGENDA None M. PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker) Ordinance 2009- 19 -30: Appropriating $336,097.24 to the Special Assessment Fund for Ashton Park; Brumlow Park Subdivision Road Improvement Special Assessment District (Mayor) (Referred to Finance Committee) 38 Ordinance 2009- 19 -31: Appropriating $77,950.78 in Supplemental Funding to Initiate Phase II of the Mine Engineering and Management Plan for the Seward Quarry (Mayor)(Referred to Finance Committee) 45 3. Ordinance 2009- 19 -32: Appropriating $750,000 in the Borough's School Revenue Capital Project Funds for Improvements to School Facilities (Mayor) (Referred to Finance Committee) 54 4. Ordinance 2009- 19 -34: Appropriating S55,000 for Riverbank Restoration at the River Center (Mayor) (Referred to Finance Committee) 59 May 18, 2010 Paget of -167- 5. Ordinance 2010 -19: Appropriating Funds for Fiscal Year 2010 -2011 (Mayor) (Second Hearing on 06/08/10) (Referred to Finance Committee) 70 6. Ordinance 2010 -20: Amending KPB Title 2 and KPB 5.28.020 to Establish the General. Services Department, Emergency Management Department, Capital Projects Department, Purchasing and Contracting Department, and the River Center Department (Mayor) (Referred to Policies and Procedures Committee) 75 7. Ordinance 2010 -21: Amending KPB Chapter 21.18 Regarding Prohibited Uses and Structures, Conditional Use Permits, and Prior Existing Uses and Structures in the Anadromous Stream Habitat Protection District (Mayor) (Referred to Lands Committee) 83 8. Ordinance 2010 -22: Authorizing CBS to Use Grant Funds Appropriated in. Ordinance 2008 -19 -06 to Complete Garages at the Ciechanski and Forest Lane Water Supply Sites (Mayor) (Referred to Finance Committee) 132 N. UNFINISHED BUSINESS Postponed Item G. NEW BUSINESS a. Resolution 2010 -039: Approving a Mutual Aid Agreement and the Initial Annual Operations Plan Between the Kachemak Emergency Service Area and the City of Homer (Mayor) (Referred to Policies and Procedures Committee) 135 I. Bid Awards *a. Resolution 2010- 040: Authorizing Capital Improvement Project Cost Allocation and Award of a Contract for the 2010 Birchwood Drive and Jeffery Avenue Capital Improvement Project N3BIR (Mayor) (Referred to Finance Committee) 144 Resolution 2010 -041: Authorizing Capital Improvement Project Cost Allocation and Award of a Contract for the 2010 Sunshine Drive Capital Improvement Project W4SUN (Mayor) (Referred to Finance Committee) 149 *c. Resolution 2010- 042: Authorizing Capital Improvement Project Cost Allocation and. Award of a Contract for the 2010 Irons Street, Petroul.ias Drive and Rasmussen Court Capital Improvement Project CHIRO (Mayor) (Referred to Finance Committee) 154 May 1t, 2010 Page 3 of 6 -168- 2. Resolutions *a. Resolution 2010 -026: A Resolution to Form the Ashton Park Brumlow Park Road Improvement Assessment District and Proceed with the Improvement (Mayor) (Referred to Finance Committee) 162 *b. Resolution 2010 -043: Increasing the Amount to be Provided from Local Sources for School Purposes During Fiscal Year 2011 (Smith, Mayor) (Referred to Finance Committee) 187 *c. Resolution 2010 -044: Adopting the 2009 Population Determination (FYI l Population Determination) of the Borough as Revised by the Department of Commerce, Community, and Economic Development (Mayor) (Referred to Policies and Procedures Committee) 190 td 3. Ordinances Resolution 2010 -045: Approving the Job Descriptions for Legal Assistant and Legal Assistant- Collections Positions (Mayor) (Referred to Policies and Procedures Committee) 194 Ordinance 2009- 19 -36: Appropriating $22,000 in Supplemental Funding for the ICachemak Emergency Service Area (Mayor) (Hearing on 06/22/10) (Referred to Finance Committee) 203 *b. Ordinance 2009- 19 -37: Accepting and Appropriating a Grant from the State of Alaska in the Amount of $20,900 for the Borough Coastal Management Program's Coastal Erosion Study (Mayor) (Hearing on 06/22/10) (Referred to Finance Committee) Ordinance 2009- 19 -38: Making Changes to Previous Appropriations (Mayor) (Hearing on 06/22/1.0) (Referred to Finance Committee) 209 Ordinance 2010 -23: Amending Certain Sections of KPB Chapter 21.44 by Approving an R -W, Residential Waterfront, Local Option Zoning District, Adding Certain Definitions, and Clarifying Language (Mayor) (Hearing on 06/22/10) (Referred to Lands Committee) 213 Ordinance 2010 -24: Adopting the City of Homer Comprehensive Plan as the Official Comprehensive Plan for that Portion of the Borough within the Boundaries of the City of Homer (Mayor) (Hearing on 06/22/10) (Referred to Policies and Procedures Committee) 224 May 18, 2010 Page 4 of 6 -169- %06 f. 4. Other Ordinance 2010 -25: Enacting KPB 14.31.145, Deferral of Payments, to Authorize Economically Disadvantaged Residents to Defer Payments for Road Improvement. Assessments (Mayor) (Hearing on 06/22/10) (Referred to Policies and Procedures Committee) 404 Petition to Vacate a Portion of Buck Avenue, a60 -Foot Right -of -Way and Associated Utility Easements Adjacent to Lot 6 Block 3, Dedicated by Hanille Subdivision Amended (Plat KN 93 -43); Within Section 15, Township 4 North, Range 11 West, Seward Meridian, Alaska; and Within the Kenai Peninsula Borough; KPB File 2010- 030; Location: On Buck Avenue and Magic Dragon Lane in Soldotna (Referred to Lands Committee) 407 [Clerk's Note: The Planning Commission approved the referenced vacation by unanimous consent during its regularly scheduled April 26, 2010 meeting.] *b. Authorizing an Application for Restaurant Designation Filed. by Discovery LLC dha Tito's Discovery Cafe (Referred to Policies and Procedures Committee) 438 Requesting a Formal Assembly Protest to the Renewal of the Following Liquor License Due to Unpaid Taxes (Referred to Finance Committee) 441 Business Name Location Starvin Marvin 's Homer, Alaska P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker) Q. ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS 1. June 8, 2010 Regular Assembly Meeting 7:00 PM Soldotna R. ASSEMBLY COMMENTS S. PENDING LEGISLATION (This item lists legislation which will be ad as noted.) -170- sed at a later dat Ordinance 2009- 19 -33: Transferring Fund Balance of Various Funds to the General Fund to Comply with New Government Accounting Standards Board. Requirement (Mayor) (Hearing on 06/08/I0) (Referred to Finance Committee) May 18, 2010 Page 5 of 6 2. Ordinance 2009- 19 -35: Appropriating $119,100 in the School Fund to Supplement the Maintenance Department Budget (Mayor) (Hearing on 06/08/10) (Referred to Finance Committee) 3. Ordinance 2010 -19: Appropriating Funds for Fiscal Year 2010 -2011 (Mayor) (Second Hearing on. 06 /08/10) (Referred to Finance Committee) T. INFORMATIONAL MATERIALS AND REPORTS U. NOTICE OF NEXT MEETING AND ADJOURNMENT The next meeting of the Kenai Peninsula Borough Assembly will be held on June 8, 2010, at 7:00 P.M. in the Borough Assembly Chambers, Soldotna, Alaska This meeting will be broadcast on KELL -FM 9I.9 (Central Peninsula), KBBI -AM 890 (South Peninsula), K201,4.0-FM 88,1 (East Peninsula). Copies of agenda items are available at the Borough Clerk's Office in the Meeting Room just prior to the meeting. For further information, please call the Clerk's Office at 714 -2160 or toll free within the Borough at 1 -800- 478 -4441, Ext. 2160, Visit our wehsite at www.horough.kenai.ak.us for copies of the agenda, meeting .summaries, ordinances and resolutions. May 18, 2010 Page 6 of 6 -171- Carol L. Freas, City Clerk Posted: May 21, 2010 CITY OF KENAI NOTICE OF' ORDINANCES AND RESOLUTIONS ADOPTED AT THE KENAI CITY COUNCIL MEETING OF MAY 19, 2010 NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and /or Resolution(s) at the above referenced meeting. 1. Substitute and Amended 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. As Amended, Ordinance No. 2480 -2010 Amending KMC Chapter 1.15, Rules of Order, to Establish the Form of the Council Agenda and Set the Order of Business, to Explain the Consent Agenda and List of Pending Legislation, and to Make Conforming Amendments. 3. Ordinance No. 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. 5, 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. 6. 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. Resolution No. 2010 28 Recognizing the Achievements of Governor Walter "Wally" J. Hickel, His Contributions to Alaska, and Expressing Sincere Condolences to His Family. 8. 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. 9. 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. 10. *Liquor License Renewal Matson Winery, Inc., d /b /a Matson Winery Supply /Winery, License #4676 Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk. Please be advised, subject to legal limitations, ordinances and /or resolutions may have been ame ded by the Council prior to adoption Without further public notice. NOTICE OF PUBLIC HEARING MAY 19, 2010 CITY OF KENAI COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and /or Resolution(s) on the above -noted meeting date. 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 Conforming 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 $11. 1.94 in the General Fund for the Police Department to Purchase Equipment From Asset Forfeiture Funds Provided to the City of Kenai. 4. Ordinance No. 2483 -2010 Increasing Estimated Revenues and Appropriations by $190,000 in the Congregate Housing Capital Project Fund for Repair of Damage Caused by the Fire Suppression Sprinkler System Failure. 5. 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. Please be advised, subject to legal limitations, ordinances and /or resolutions may be amended by the Council prior to adoption without further public notice. 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. 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 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. Carol L. Freas; City Clerk osted: v ;=r 2010 AGENDA KENAI CITY COUNCIL REGULAR MEETING MAY 19, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak.us ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 1. 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 D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) 1. Ordinance No. 2479 -2010 Amending KMC Chapter 1.10, The Council, to Add a New Section Establishing Procedures for the Use of Council Chambers and the City Clerk's Conference Room. (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 Conforming 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. 5. 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. 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., dlb /a Matson Winery Supply/Winery, License #4676 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 $8,569.75 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. 9. Discussion Town Hall Meeting Collaborative Leadership Training. EXECUTIVE SESSION None Scheduled. ITEM M: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at http: /www.ci.kenai.ak.us. Carol L. Freas, City Clerk D/211 PUBLISHER'S AFFIDAVIT_ UNITED STATES OF AMERICA, STATE OF ALASKA se: Denise Reece 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 A-enda PO #90976 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 dales: May 17, 2010 SUBSCRIBED AND SWORN to me before 17th da of Maav 2010 NOTARY PUBLIC in favor for the State of Alaska. My Commission expires 26- Aug -12 AGENDA KENAI CITY COUNCIL REGULAR MEETING MAY 19, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http'llwww ci kenai ak.us ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 1. 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 D: PUBLIC PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 1. Ordinance No. 2479 2010 Amending KMC Chapter 1.10, The Council, to Add a New Section Establishing Procedures for the Use of Council Chambers and the City Clerk's Conference Room. (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 Amending KMC Chapter 1.10, The Council, to Add a New Section Establishing Procedures for the Use of Council Chambers and the city Clerk's Conference Room. 2. Ordinance No. 2480 2010 Amending KMC Chapter 1.15, Rules of Order, to Establish the Form of the Council Agenda and Set the Order of Business, to Explain the Consent Agenda and List of Pending Legislation, and to Make Conforming Amendments. (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.) 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 ct Appropriations by $190,000 in the Congregate Housing Capital al Project Fund for Repair of Damage Caused by the Fire Suppression P System Failure. 5. Resolution No. 2009-68 Su••ortin• the Alaska Coastal Ste of Alaska Energy Climate by the Supporting the Trii -Bo ough 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 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 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 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. Hickei, His Contributions to Alaska, and Expressing Sincere.Condolences to His Family. 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 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 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. 2 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 $8,569.75 in the General Fund for State Traffic Grant Overtime Expenditures. 7. *Ordinance No. 2488 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. 9. Discussion Town Hall Meeting Collaborative Leadership Training, EXECUTIVE SESSION None Scheduled. ITEM M: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at mil /www.ci.kenai.ak.us. Carol L. Freas, City Clerk D248/211 UNITED STATES OF AMERICA, STATE OF ALASKA Denise Reece being first duly sworn, on oath deposes and says: That 1 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 PO #90976 a printed copy of which is hereto annexed was published in said paper one each and every day for one consecutive day in following dates May 17, 2010 X PUBLISHER'S AF successive and the issues on the SUBSCRIBED AND SWORN to me before s 17th day of May 2010 NOTARY PUBLIC in favor for the State of Alaska. My Commission expires 26- Aug -12 FIDAVIT_ AGENDA KENAI CITY COUNCIL REGULAR MEETING MAY 19, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS httu'llwww ci kenai ak.us ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 1. 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 D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 1. Ordinance No. 2479 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 Conforming 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. 5. Resolution No. 2009 Su..ortin. the Alaska Coastal Sta e of Comunities Climate Pol cy Change Proposed by and Supporting Bo ough 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. Nickel, His Contributions to Alaska, and Expressing Sincere,Condolences to His Family. 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 F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000. 3. *Ordinance No. 2484 Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2010 and Ending June 30, 2011. 4. *Ordinance No. 2485 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 Increasing Estimated Revenues and Appropriations by $8,569.75 in the General Fund for State Traffic Grant Overtime Expenditures. 7. *Ordinance No. 2488 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. 9. Discussion Town Hall Meeting Collaborative Leadership Training. EXECUTIVE SESSION None Scheduled. ITEM M: ADJOURNMENT The public is invited to attend and participate. Additional information is Available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at httoUlwww.ci.kenai.ak.us. Carol L. Freas, City Clerk 0248211