Loading...
HomeMy WebLinkAbout2010-07-07 Council Packetag MAKE 27 PACKETS COUNCIL PACKET DISTRIBUTION COUNCIL MEETING DATE: `l— 1 —V.) lu Mayor/Council Clerk Police Department Senior Center Library (2) Fire Department Attorney Feltman /Floyd City Manager Kebschull /Carver Finance Airport Parks Recreation Student Rep. Hall Binder Ogle Christine Clarion Mellish Schmidt AGENDA 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 (bell @acsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and I hold them in my HTML file. Place information (meeting e- packet and agenda, resolutions and ordinances for public hearing, etc. on the city's webpage as soon as possible before leaving the office for the weekend. rSII�E lID3�8 c u3 Y.n E thi L I f 21( i) MA 07`" is -c, LI,L,M f 107 7-3- :ri TO I u L Y c c 9 0 `x _;4 3 '7g 63 /44i# s roe r ,e:CA IA 4 11 S d5d. tk 0 7 ,ka t .c1. ASAta €t•• 0 r ,.,t 7 1 /0 7e5 J "z— r C 41 2 104 0/ i Ell 1 v r� le tam J TESTIMONY SIGN -IN SHEET A II 11 I "i 1 s 1 1 s I w IN 1 5 1 111 II I 11 WAN 1 ELDRIDGE SInOHVW 1 MOLLOY 1 BOYLE 2:13Th0c1 SMALLEY 2:1312:1Od 1 ll MAN A 1 I l �a 1 1 Iefl 1 i'`il I Ill s I w 1 11 5 1 II IAI 1 COFFMAN 1 1MOORE 1 III 1 MARQUIS MOLLOY J 1 BOYLE J 2:1312:1Od 1 ll MAN 0 3001H013 2100W MARQUIS MOLLOY IBOYLE 2j312iOd 1 SMALLEY A S 1 1 r l �a 1 1 111 1 I Ill I w 1 11 5 1 II 1 1 COFFMAN 1 1MOORE 1 1 ELDRIDGE J 1 MARQUIS MOLLOY J 1 BOYLE J 2:1312:1Od 1 SMALLEY 1 BOYLE A 1111 1('/ l �a I [9 S I Ill 11 5 1 II 1 COFFMAN MOORE 1 ELDRIDGE MARQUIS MOLLOY N`dINJ 3HOOW ELDRIDGE sin0 1 MOLLOY 1 BOYLE 1 PORTER SMALLEY I l A I [9 1 11 1 1 COFFMAN MOORE 1 ELDRIDGE MARQUIS MOLLOY 1 BOYLE 1 PORTER SMALLEY Ns z LL 0 V 0 0 0 J J 0 w -J 0 CO w cc 0 d w J -J co COUNCIL MEETING OF: ELDRIDGE 1 II II 11 I 11 1 i 1 I MI Ili 11 i 1 a MI Ili MI I co o. MI I co o. Council meeting 07 -07 -2010 A short time ago, I made a promise that it would not be necessary for me to go to any more council meetings. I broke it, as I have done to much watching how they operate in Washington D.C. Before I start talking about wind generation, I would like to comment on a picture taken at the Mt Marathon Race. It appeared that a photographer could not fine a better picture of a young athlete to put in the ADN news paper about one of the most difficult races in the world.. I'm sure he will be an athlete playing H.S sports and every team he plays, there will be comments (I saw your picture in the paper relieving yourself on a rock. Firing the photographer and Editor who permitted this is not too good for them; #1 On wind generation, I understand that, We had wind generators on some fauns in the 1930's but they had battery storage for power, with only electric lights but not enough power to run appliances etc. We never lived in a house with running water until after I graduated from H.S.. The 5 children provided the running water. Our trip outside to Iowa for my 55 class reunion, north of Bismarck. N.D. there was a large power plant which appeared to be adjacent to a coal mine. A short distance away, was about 20 wind generators. What I think is that if the wind doesn't blow, the power plant would have to be fired up and my memory tells me that with a windmill for water on the farm, there were times that we had to use the hand pump to get water; That hints to me that a full time power plant system has to be operational at all times. We have lakes and water here in Alaska, but we also have a bunch of not in my back yard people living here I believe that people in the villages and the western coast of Alaska and the Aleutians would all benefit from Wind turbines and cut down on the use of such expensive fuels, but they would still have to have their standby power plants available at all times when the wind does not blow. "Az-- e 9t #3 Joint meetings with other communities is an absolute positive. The possibility of earth quakes and other kinds of natural disasters make it imperative that the Peninsula has full communications with each other. After all, we all pay Borough and City taxes so if there is need to help each others communities, if there is cost involved, bicker over that after the situation has been solved. But if you send money to D.C. to join any thing, they have the largest Money Shredder on the whole planet. Cap and Trade; Buy and sell clean air in exchange for dirty air; Who will handle the money in these trades; Soros; Al Gore; Other Chicago millionaires including Obama when he was president of a company before he was elected president, making him a shareholder. What happens is an agent in this consortium in South Africa, where they do not have any manufacturing will sell clean air shares to Say Tesoro and however much polution this group claims they have will determine how much money Tesoro will pay; there will be no exchange of anything except money by these money vultures. f✓I,r -kib L 1 have had an unusual happening to my computer. I did discuss this with a lawyer and he said if I had a lot of money, it could be found out who sent that reply. Over a period of time 1 have sent E -mails to Pat Hawkins and Karen Mcgahan with political and sometimes humorous items and on March 6 I sent a letter that had been circulating the internet for at least a year and 1 /z, and major television networks. On March 7 I received a reply that the delivery of the message had been delayed by the "Postmaster @radiokenai.com and that I did not need to reply. The following morning upon turning my computer, the Hotmail account had been blocked from sending or receiving mail. I did receive 1 E -mail later and upon trying to forward it, they said I could not send to more than 10 people at one time. So I got out of the account Canceled it and later when trying again, found that the Hotmail account had been totally stripped from my computer. Everything, In box, sent items all files, address book, Everything I had to start from scratch and totally renew my account. I feel that our Politicians have been totally neglectful in not providing a Smaller Gas line from Prudhoe bay to South Central Alaska. Everybody knew of a coming time of shortage. When you exchange politics for business, you end up with nothing which we have now. It it had been built 10 to 15 years ago, the North Road would possibly still have Agrium, and no problems for the Gas plant; In 1976, prior to moving to Alaska, I attended a three day expo put on by Southern Counties Gas Co about our Hydrocarbons They showed an Infrared Film of hydrocarbons in Alaska. That picture was not green, or white like in the winter, but almost solid RED. I think we have too many people in Juneau who do not know this or understand it. Thank you Paul D. Morrison 805 Auk Ave. Apt #2 Kenai, AK. 99611 907 -283 3451 f s. 3 c.� u u 2 u m y z,7y L .a�� GI Q 'c cC ig T'Z'' 3 0 M w }..O O O O O Q tlG u CO nn 4 6 a •gN ;s.c7 0 R.2 0_2'0 o°s_ i L N f° y I el 4.) c L N 6 N dL •o u� 4) "a a �c a)E RE C° Es L6 .°no 0 00 y m E Lv' o° uw a 3 m S r ao v a o 5 0 0 °am o a c 2 v .r a `.§s Li./ n t B s m�s y O 0 c E 'O❑ so o 3 e a p a,y a �P?°- c. y am, �onnR 03i r it) u'c v �i o t° c Ill NMI it O °um 3 c° o t.'S E O M R c�mdya 0.0 et; S y 1—e' c o s m R' FiX o m to c C V. or ti a> kk i K L 41. o m O w co tt66 U N o F p MO l R r ar O c u ti tl O t 4 f m c o pp L r o° v 0 ,e p SIP f I 9 E T� m ♦rr ,+x..d' x F o s. tt i c o E •c hri o cu co 45 co roS t J." C .a OGmyR N SL C p�yw d n pl (a O W o a+., E art N E t O R: V.`...? I 'C L N- U 1.0 'V $,'6ou v;v °m y c. do O oou u 'v u?�o Ur Z C F. '0 >1 i0 al oy a3�•fl °a a'c S >w T. E c °1 .z 7 a a >.EN=°p o° v FO ism et --a u °o u CC R zN o s 6nc u) it Y p O y.0 u) N d bD3 U t pp'.. v N i n tg op 1• 'L' O _a >o O i 8 O'y .o3 o v c o ay� z C6 O N Y 3. 0 y ii c.. 0 1 ,C 0'- A >u -0r4 (6. 0 C "c O. SON U.' V' C O as -0 7 p c'a F Pa 8 C C� o N S 3 C cbyc t. RmS R.. cam` toa22 t ITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING JULY 7, 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 three (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 ten (10) minutes per speaker) 1. Mary Jo Joiner /Christine Cunningham All- America City 2011 Application Status 1 2. Judy Doherty, State of Alaska, Department of Transportation Kalifornsky Beach Road Pathway Project Update 3. Paul Morrison Wind Generation, Cap in Trade, Email Concerns 5 ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to three (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. 2494 -2010 Amending the Kenai Municipal Code, Chapter 23.55 Entitled "Personnel," Including 23.55.030 Entitled "Qualification Pay 23.50.010 Entitled, "Employee Classification and, 23.55 Fiscal Year 2010 Operating Budget Salary Schedule 2. Ordinance No. 2495 -2010 Increasing Estimated Revenues and Appropriations by S50,000 in the Water, Sewer and Streets Capital Project Fund for Public Road, Water, and Sewer Improvements 7 12 3. Resolution No. 2009 -68 Supporting Actions Building and Maintaining a Sustainable community Within the City of Kenai, and Supporting Networking with Local Governments on the Kenai Peninsula (Clerk's Note: At the May 19, 2010 meeting, Resolution No. 2009 -68 was substituted and then postponed to July 7, 2010 for consideration and an additional public hearing.) 4. Resolution No. 2010 -23 Opposing "An Initiative Creating an Alaska Anti Corruption Act" Which Will be on the 2010 Alaska Primary Election Ballot 22 (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.) 5. Resolution No. 2010 -40 Awarding the Bid for Portable Restrooms Rental and South Beach Dumpsters 2010 for the Total Amount Up to 6. Resolution No. 2010 -41 Approving the Purchase of Two Police Vehicles Through State of Alaska Equipment Fleet Contract Pricing at a Total Cost of $50,838 7. Resolution No. 2010 -42 Declaring the 1982 T6 Oshkosh Crash /Fire /Rescue Truck to be Surplus or Obsolete, and to Be Sold as Provided in Kenai Municipal Code 7.15.060 8. Resolution No. 2010 -43 Requesting the Kenai Peninsula Borough to Allocate $2,500,000 of Its Recovery Zone Facility Bond Volume Cap to the City of Kenai for the Issuance of Revenue Bonds to Fund the Construction of Commercial Hangars at the City's Airport 14 51 53 55 58 9. *Restaurant Designation Application Pizza Paradisos (License #3032) 63 ITEM E: MINUTES 1. *Regular Meeting of June 16, 2010 66 ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Bills to be Ratified 84 2. Approval of Purchase Orders Exceeding $15,000 85 3. *Ordinance No. 2496 -2010 Adopting Updated Ownership, Zoning, and Land Use Maps for the Comprehensive Plan for the City of Kenai 89 4. *Ordinance No. 2497 -2010 Amending KMC Chapter 1.10 Entitled "The Council," in Its Entirety and Specifically Addressing the Procedures for Special Meetings of the City Council and Making Technical Corrections 109 5. Action /Approval Special Use Permit /Kenai Chamber of Commerce 114 6. Discussion Credit Card Use Schedule of Fees 121 7. Discussion Agreement /Chugiak Baptist Organization 127 8. Discussion Schedule Board of Adjustment Hearing 137 ITEM 11: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 140 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks Recreation Commission 6. Planning Zoning Commission 144 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municpal League Report c. Mini -Grant Steering Committee d. Kenai Convention Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 152 3. City Clerk 155 ITEM K: ADDITIONAL PUBLIC COMMENTS (Public comment limited to five (5) minutes per speaker) 1. Citizens 2. Council EXECUTIVE SESSION None Scheduled. ITEM L: PENDING LEGISLATION (Items listed below are legislation which will be addressed at a later date as noted and are not action items for this meeting.) Ordinance No. 2493 -2010 Amending KMC 13.40.040 to Provide for a Speed Limit of Fifteen (15) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai and Making Technical Corrections. (At its June 2, 2010 meeting, Council introduced Ordinance No. 2493 -2010 and subsequently postponed the public hearing to the first meeting in August, 2010 (August 4, 2010).) ITEM M: ADJOURNMENT INFORMATION ITEMS KENAI CITY COUNCIL MEETING JULY 7, 2010 1. 7/7/2010 Purchase Orders Between $2,500 and $15,000 for Council Review 164 2. Budget Transfer in Capital Projects in Excess of 3. 4. 5,000 Page No. Public Notice /Emergency Declaration of Bear Problem Area 165 7/1/2010 RK memorandum regarding a draft substitute Ordinance No. 2943- 2010 for Council review and requesting comments 167 5. 6/22/2010 J. Mason, Grants Administrator, Alaska Department of Commerce Community and Economic Development State funding appropriation notification /FY2011 Designated Legislative Grant for the purpose of Kenai River Bluff Stabilization in the amount of $250,000.00 173 6. 7/6/2010 Kenai Peninsula Borough Assembly Meeting Agenda. 174 ADD TO: ADD TO: None. JULY 7, 2010 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET REQUESTED BY: Item D -3, Resolution No. 2009 -68 An email transmission submitted by Kate Veh in support of Resolution No. 2009 -68. CITY CLERK Item D -5, Resolution No. 2010 -40 W. Ogle memorandum providing information for amendments to identify the bidder and amounts. ADD TO: Item I, Mayor's Report C. Fanning application for appointment to commission /committee. MAYOR CONSENT AGENDA PUBLIC WORKS H O A n 0 0 x n M r Cif E 0 do th of KENAL ALASKA MEMO: TO: City Council FROM: Christine Cunningham, Assistant to City Manage with a Past, Cc with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907 283 -3014 Mary Jo Joiner, Library Director '2vt JJ DATE: June 30, 2010 SUBJECT: 2011 All- America City Award The purpose of this correspondence is to provide a report on the progress of the 2011 All- America City Award Working Group, currently comprised of 12 members representing various sectors of the community who are committed to work over the next year on an application for the City of Kenai to receive the 2011 AII- America City Award. Listed in alphabetical order by state, the 2010 All- America Cities are: As members of the working group, we attended the 2010 Ail America City Awards June 1648 in Kansas City, Missouri, where we observed the juried presentations of the 25 finalist communities and attended the Civic Action Fair and awards ceremony and celebration. During the presentation phase, each of us took detailed notes and check marked what was felt to be a "winning presentation" to compare with the actual winners as decided by the judges based on the entire application package. The results were that 8 out of the 10 winners as selected by the judges matched our selections. Chandler, Arizona Lynwood, California Rancho Cordova, California North Miami, Florida Acworth, Georgia Des Moines, Iowa Salisbury, Maryland Gastonia, North Carolina Mount Pleasant, South Carolina El Paso, Texas The 2010 All- America City winners were marked by enthusiasm, sincerity and involvement of diverse groups in their communities. Winning delegations did not need to be large contingents, as demonstrated by the success of North Miami with only four people on stage. At the awards ceremony, Gloria Rubio Cortes, President of the National Civil League noted, "Love, courage, tears and commitment...tell the best things about each community." Participants on stage that represented diverse age groups, especially youth and seniors, were judge favorites. The actual projects and challenges were very important. More important was for cities to admit faults or problems and highlight the ways these were overcome or corrected. Judges applauded cities that embraced other communities and shared the value of their achievements. The questions posed by the judges reflected research and were often targeted to the "weak point" in the particular city. The judges did not rely solely on submitted information, but had discovered problems within the city that had not been addressed and they asked "point blank" how the city was addressing these. The AII- America City Awards were an opportunity for many cities to share their stories, solutions and challenges. Cities who did not "win" expressed that attending the Awards had given them a deepened faith in our democracy and in the effectiveness of communities. They applauded the City of Kenai for sending observers as many cities said they wished they had done to better prepare for the event. The City of Kenai's 2011 All- America City Award Working Group has identified 25 projects which meet the award criteria, which requires projects involving civic engagement and collaboration, inclusiveness of diverse segments and perspectives, innovation and creative use of community resources and an impact on our community's most important needs. We're working hard to identify projects which highlight the City's greatest challenges and successes. All- America City Awards FAQs Q) What is the National Civic League's definition of a community in regards to AAC? A community can be a city, town, neighborhood, county or region. Q) Are there a set number of awards given for each designation (city, neighborhood, region, etc.)? No. The A11- America City Award honors communities of all sizes (cities, towns, neighborhoods, counties and regions) in which citizens, government, businesses, and voluntary organizations work together to address their local challenges. Q) What kind of projects can we submit in our application? The three recent community driven projects should be ones that have significantly improved the community in the last five years addressing the community's challenges and one addressing a critical issue facing children and youth. A project may be older than five years, but it must show tangible results in the last five years. They can either be proactive or responsive efforts to improve the community. Q) Can we submit photos to NCL as an applicant? No, we do not accept photos, videotapes, or any other supplemental materials with the application. Q) Is there a fee to apply for becoming an All America City? There is an 5 100 application fee per community. The fee includes 5 free registrations to the All America City Awards and a one year membership with the National Civic League (or extension of current membership by one year). Q) How do finalists determine the make up of their delegation? A cross section of the community leaders from the public, private and nonprofit sectors community members who participate in or benefit from the three projects in the application. Q) How many people attend from each finalist community? 6 to 200+ delegates have attended the event from any given community; in 2009, the average delegation size was 26. Q) What type of presentation will be allowed? Each finalist community will be given 10 minutes to make a presentation before the AAC Jury explaining why it should be named an A11- America City. The presentations may follow any format. The Jury will then take 10 minutes to question the presenters. Q) Should our presentation focus on our three projects or on the community as a whole? The presentation should focus on both topics the three projects and the community as a whole Q) To whom is the presentation addressed? The presentation will be addressed to the jury panel; delegations will not be facing the audience. Q) In the past, communities have used video backgrounds for their presentations. Will this not be allowed this year? We want to get back to the real stories within the communities not having the presentation focused solely on the flash and glitter of technology. Neither video nor PowerPoint presentations will be allowed. Q) Can visual images on posters be used during the presentation? Yes, visual images on posters can be used, just not electrical equipment Council meeting 07 -07 -201.0 A short time ago, I made a promise that it would not be necessary for me to go to any more council meetings. I broke it, as I have been watching how they operate in Washington D.C. #1 On wind generation, I understand. that, We had wind generators on some farms but they had battery storage for power. We never lived in a house with running water until after I graduated from H.S.. My brothers, sisters and myself were the running water, you see, when the water reservoir on our wood cook stove got low, we would grab a bucket and run out to the windmill or pump it and carry water in to fill it. Our trip outside to Iowa for my 55 class reunion, north of Bismarck N.D. there was a large power plant which appeared to be adjacent to a coal mine. A short distance away, was about 20 wind generators. What I think is that if the wind doesn't blow, the power plant would have to be fired up and my memory tells me that with a windmill for water on the farm, there were tines that we had to use the hand pump to get water; That hints to me that a full time power plant system has to be operational at all times I saw t m ore wind generator places in Iowa and Minnesota. We have lakes and water here in Alaska, but we also have a bunch of not in my back yard people Living here also. #3 Joint meetings with other communities is an absolute positive. The possibility of earth quakes and other kinds of natural disasters make it imperative that the Peninsula has full communications with each other. Cap and Trade; Buy and sell clean air in exchange for dirty air; Who will handle the money in these trades; Soros; Al Gore; Other Chicago millionaires including Obama when he was president of a company, making him a shareholder. What happens is an agent in this consortium in South Africa, where they do not have any manufacturing will sell clean air shares to Say Tesoro and however much polution this group claims they have will determine how much money Tesoro will pay; there will be no exchange of anything except money by these money vultures. I have had an unusual happening to my computer. I did discuss this with a lawyer and he said if I had a lot of money, it could be found out who send that reply. Over a period of time I have sent E- mails to Pat Hawkins and Karen Mcgahan with political and sometimes humorous items and on March 6 I sent a letter that had been circulating the internet for at least a year and 'h, and major television networks. On March 7 I received a reply that the delivery of the message had been delayed by the "Postmaster @radiokenai.com and that I did not need to reply. The following morning upon turning my computer, the Hotmail account had been blocked from sending or receiving mail. I did receive 1 E -mail and upon trying to forward it, they said I could not send to more than 10 people at one time So I got out of the account and later when trying again, found that the Hotmail account had been totally stripped from my computer. Everything, In box, sent items all files, address book, Everything. I had to start from scratch and totally renew my account. Paul D. Morrison 805 Auk Ave. Apt #2 Kenai, AK. 99611 907 -283 3451 CITY OF KENAI KENAI, ALASKA ORDINANCE NO. 2494 -2 010 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE, CHAPTER 23.55 ENTITLED "PERSONNEL" INCLUDING, 23.55.030 ENTITLED, "QUALIFICATION PAY 23.50.010 ENTITLED, "EMPLOYEE CLASSIFICATION AND, 23.55 FISCAL YEAR 2011 OPERATING BUDGET SALARY SCHEDULE. WHEREAS, designation of Certified Municipal Clerk, awarded by the International Institute of Municipal Clerks, is offered to employees within the Office of the City Clerk and by the approval of the FY201.1 Annual Budget, employees possessing this credential shall receive certification pay equal to 2.5% of the employee's base pay; and, WHEREAS, with the approval of the FY2011 Annual Budget, the class titles and /or ranges of Public Works Administrative Assistant, Parks and Recreation Administrative Assistant, Senior Center Administrative Assistant, and Library and Senior Directors were changed and the Fiscal Year 2011 Operating Budget Salary Schedule was established. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF' THE CITY OF KENAI, ALASKA, KMC Chapter 23.55 entitled, "Personnel'' is amended as follows: Section 1. Form: This is a Code Ordinance. Section 2. Amendment of Section 23.50.010(h) of the Kenai Municipal Code: The Kenai Municipal Code, Section 23.50.010(b), Employee Classification, is hereby amended as follows: (b) ADMINISTRATIVE SUPPORT CLASS CODE CLASS TITLE RANGE 201 Department Assistant I 3 202 Department Assistant II 7 203 Administrative Assistant I 8 204 Accounting Technician I 10 205 Accounting Technician II 11 206 Accountant 16 207 Legal Administrative Assistant I 9 208 Legal Administrative Assistant 11 11 209 Legal Assistant 15 210 Administrative Assistant II 9 211 Administrative Assistant III [12j 10 212 Department Aide 1 213 [PARKS AND RECREATION [10] ADMINISTRATIVE ASSISTANT] Assistant to the City Manager 12 New Text Underlined` [DELETED TEXT BRACKETED] Ordinance No. 2494 -2010 Page 2 of 4 214 Library Assistant I[ 6 [215] [SENIOR CENTER ADMINISTRATIVE [10] ASSISTANT] [216] 215 Parks and Recreation Supervisor 6 [217] 216 Parks and Recreation Operator 9 [218] [PUBLIC WORKS ADMINISTRATIVE [10] ASSISTANT] Section 3. Amendment of Section 23.50.010(d) of the Kenai Municipal Code: The Kenai Municipal Code, Section 23.50.010(d), Employee Classification, is hereby amended as follows: (d) PUBLIC WORKS CLASS CODE CLASS TITLE RANGE 401 Building Official 15 402 Shop Foreman 16 403 Street Foreman 15 404 Sewer Treatment Plant Operator 13 405 Water and Sewer Operator 13 406 Mechanic I 12 407 Equipment Operator I 1. 1 408 Mechanic 1I 14 409 Street and Airport Lead Operator [12] 14 410 Water and Sewer Foreman 15 4 12 Building Maintenance Technician 11 413 Sewer Treatment Plant Lead Operator 14 414 Sewer Treatment Plant Foreman 15 416 Engineering/ Safety Technician 12 417 Airport Operations Specialist 11 418 Airport Operations Supervisor 15 419 Building Maintenance Lead Technician 12 420 Water and Sewer Lead Operator 14 Section 4. Amendment of Section 23.50.010(e) of the Kenai Municipal Code: The Kenai Municipal Code, Section 23.50,010(e), Employee Classification, is hereby amended as follows: (e) SOCIAL SERVICES 501 Library Director* [171 18 502 Senior Citizen Program Director* [17j 18 503 Parks Recreation Director* 17 New Text Underlined• [DELETED TEXT BRACKETED) 8 Ordinance No. 2494 -2010 Page 3 of 4 Section 5. Amendment of Section 23,55 of the Kenai Municipal Code entitled Fiscal Year 2011 Operating Budget Salary Schedule: The Kenai Municipal Code, Section 23.55 Fiscal. Year 2011 Operating Budget Salary Schedule, is hereby amended as follows: FISCAL YEAR 2011 OPERATING BUDGET SALARY SCHEDULE Range A B C 0 E F AA BB CC Step 1 18,917 19,390 19,863 20,336 20,808 21,281 21,754 22,227 22,700 1.1 19,831 20,327 20,822 21,318 21,814 22,310 22,806 23,303 23,799 2 21,118 21,646 22,174 22,702 23,230 23,758 24,286 24,814 25,342 2,1 22,241 22,798 23,353 23,909 24,465 25,021 25,577 26,133 26,689 2.2 23,529 24,117 24,706 25,293 25,881 26,468 27,056 27,644 28,231 2.3 24,706 25,323 25,941 26,559 27,177 27,795 28,413 29,032 29,650 2.4 28,870 29,592 30,314 31,035 31,756 32,477 33,199 33,920 34,641 2.5 32,677 33,494 34,311 35,128 35,945 36,761 37,578 38,395 39,211 3 32,896 33,717 34,539 35,361 36,183 37,004 37,826 38,648 39,469 4 34,540 35,404 36,268 37,132 37,996 38,860 39,724 40,587 41,451 5 36,269 37,177 38,084 38,991 39,899 40,806 41,713 42,621 43,528 6 38,085 39,037 39,990 40,942 41,894 42,846 43,798 44,750 45,702 7 39,997 40,997 41,996 42,996 43,995 44,995 45,994 46,994 47,993 8 42,014 43,064 44,115 45,166 46,217 47,268 48,319 49,370 50,420 9 44,097 45,199 46,301 47,404 48,506 49,608 50,710 51,812 52,915 10 46,289 47,447 48,605 49,762 50,920 52,077 53,235 54,392 55,550 11 48,599 49,815 51,030 52,246 53,461 54,677 55,892 57,108 58,323 12 51,051 52,327 53,603 54,879 56,155 57,432 58,708 59,984 61,260 13 53,569 54,908 56,248 57,587 58,926 60,265 61,605 62,944 64,283 14 56,283 57,691 59,099 60,506 61,914 63,322 64,730 66,137 67,545 15 59,099 60,576 62,054 63,531 65,009 66,486 67,964 69,441 70,919 16 6 2,025 63, 65,125 66,675 6 8, 22 5 69 7 75 71,325 72,875 74,424 17 65,137 66,766 68,394 70,023 71,652 73,281 74,910 76,539 78,168 18 68,393 70,102 71,812 73,521 75,230 76,940 78,649 80,358 82,068 19 71,796 73,59I 75,386 77,181 78,976 80,770 82,565 84,360 86,155 20 75,419 77,304 79,190 81,076 82,962 84,848 86,733 88,619 90,505 21 79,193 81,172 83,151 85,131 87,110 89,089 91,068 93,048 95,027 22 83,104 85,182 87,260 89,338 91,416 93,494 95,572 97,650 99,728 23 87,272 89,454 91,636 93,818 96,000 98,182 100,364 102,546 104,728 24 91,753 94,047 96,341 98,635 100,929 103,223 105,517 107,811 110,105 Section 6. Amendment of Section 23.55.030 of the Kenai Municipal Code: The Kenai Municipal Code, Section 23.55.030, Qualification Pay, is hereby amended as follows: 23.55.030 Qualification Pay (4) City Clerk's Office: Certification in accordance with International Institute of Municipal Clerks. Certified Municipal Clerk 2.5% of the employee's base pay New Text Underlined (DELETED TEXT BRACKETED] Ordinance No. 2494 -2010 Page 4 of 4 Section 7. 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 8, 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 seventh day of July, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: New Text Underlined; ,DELETED TEXT B RACKETED] -10- PAT PORTER, MAYOR Introduced: June 16, 2010 Adopted: July 7, 2010 Effective: August 7, 2010 fhc city o f KENA� SKA "Village with a Past, CL with a Fatarre FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 ext 221 FAX: 907 283 -3014 Rick Koch, City Manager 1 From: Terry Eubank, Finance Director Date: June 10, 2010 Re: Ordinance 2494 -2010 Ordinance 2494 -2010 codifies the changes to the personnel section of the Kenai Municipal Code that were adopted with the passage of the FY11 City of Kenai Budget. Changes included: 1. Elimination of department specific administrative assistants (Public Works, Parks and Recreation, and Senior Center) at a range 10 and classification of the employees in those jobs as administrative assistant III range 10. There was no financial impact as a result of this change. 2. Creation of the Assistant to the City Manager position at range 12, The City Manager's Assistant was previously the only Administrative Assistant 1.II range 12 employee of the City. With the reclassification of the Administrative Assistant to range 10 the need existed to create a new position for the City Manager's Assistant to maintain the positions current pay range of 12. There was no financial impact as a result of this change. 3. Reclassify the Street and Airport Lead Operator position from range 12 to range 14. The reclassification will align all lead positions at the City at a range 14 as all have similar job requirements. FY11 estimated cost of the change is $1,759. 4. Reclassify the Library and Senior Citizen Program Directors from range 17 to range 18. FYI 1 estimated cost of the change is 52,609 and 52,150 respectively. 5. Adoption of the FY11 Salary Schedule that incorporated a 1.1% Cost of Living Allowance (COLA) increase. The COLA increase has an estimated FY I 1 salary and benefit cost to the City of $95,556 for all funds. 6. Added qualification pay for employees earning the designation of Certified Municipal Clerk from the International Institute of Municipal Clerks. The increase is 2.5% of the employee's base salary. FY11 estimated cost of the change is 51,488. Inc C[ Of NENA� SNA CITY OF KENAI ORDINANCE NO. 2495-2010 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $50,000 IN THE WATER, SEWER AND STREETS CAPITAL PROJECT FUND FOR PUBLIC ROAD, WATER, AND SEWER IMPROVEMENTS. WHEREAS, the State of Alaska Department of Commerce, Community, and Economic Development awarded a grant of $50,000 to the City of Kenai for water, sewer and street improvements; and, WHEREAS, it is in the best interest of the City of Kenai to utilize these grant funds for these improvements. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Water, Sewer and Street Improvements Capital Project Fund Increase Estimated Revenues: State Grant Increase Appropriations: Construction $50,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of July, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: 1. PAT PORTER, MAYOR -12- $50,000 Introduced: June 16, 2010 Adopted: July 7, 2010 Effective: July 7, 2010 KENAAALASKA "Village with a Past, Gi y with a Ftare" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 ext 221 FAX: 907 283 -3014 Rick Koch, City Manager Terry Eubank, Finance Director Date: June 10, 2010 Re: Ordinance 2495 -2010, 4 Avenue water upgrade project funding. As described in Public Works Director Wayne Ogle's memo, the City in conjunction with a Kenai Watershed Forum project will be upgrading the water system in the area of 4 (11 Avenue. Total projected cost for the City is 550,000 with $6,448 in contingency. The project was competitively bid by the Kenai Watershed Forum with Foster Construction, Inc. being the lowest responsive bidder for construction and Nelson Engineering providing design and construction inspection services. Funding for the project will be from a State of Alaska, Department of Commerce, Community, and Economic Development Grant for Water, Sewer, and Street Improvements. The grant was awarded in FY08 and has not been appropriated to a project. Ordinance 2495 -2010 appropriates the r...._ iuc fonds i0 this project. -13- the eiti NENAI. ALASKA CITY OF KENAI RESOLUTION NO. 2009 -68 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 Horner, 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 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, -14- Resolution No. 2009 -68 Page 2 of 3 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, will 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 meetin.gs 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, -15- Resolution No. 2009 -68 Page 3 of 3 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 seventh day of July, 2010. ATTEST: Carol Freas, City Clerk -16- PAT PORTER, MAYOR BOB MOLLOY (907) 283 -7373 (VOICE) 283 -2835 (FAX) bob@molloyforcouncil.com TO: Mayor Porter, Council Members Boyle, Eldridge, Marquis, Moore, Smalley FROM: Bob Molloy DATE: 05 -13 -10 SUBJECT: 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; -17- 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 conunercial 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. -18- BOB MOLLOY (907) 283 -7373 (VOICE) 283 -2835 (FAX) bob @molloyforcouncil.com TO: Pat Porter, Mayor; Hal Smalley, Vice Mayor; Council Members Boyle, Eldridge, Marquis, Moore IROM: Bob Molloy DATE: 07 -01 -10 SUBJECT: Resolution No. 2009 -68 My staff and I developed a list of 83 members of the public who had either commented in person or submitted comments in writing, regarding the several previous versions of Resolution No, 2009 -68, or had participated in the Town Hall Meeting held on 05 -08 -10 regarding building a sustainable community in Kenai, Alaska. We sent either email or letters to all 83 individuals, and enclosed with each letter or attached to each email a copy of proposed replacement Resolution No. 2009 -68 and my supporting memo dated 05- 13 -10. An example of each type of letter is enclosed; the emails had the same content. To date, I have not received any comments in response to the email and letter packets. Your support of proposed replacement Resolution .No. 2009 -68 is respectfully requested. -19- BOB MOLLOY 110 S. WILLOW ST., SUITE 101 KENA1, AK 99611 (907) 283 -7373 (volcE) 283 -2835 (FAX) bob @molloyforcouncil.com June 15,2010 Dear yid: jr Your past comments regarding earlier versions of City of Kenai Resolution No, 2009 -68 were much appreciated. Enclosed for your information are my proposed replacement Resolution No. 2009 -68 and my supporting memo dated 05- 13 -10. My proposed replacement Resolution No. 2009 -68 is entitled "A Resolution Of The Council OfThc- City Of Kenai, Alaska, Supporting Actions Building And MaintainingA Sustainable Community Within The City Of Kenai, And Supporting Networking With Local Governments On The Kenai Peninsula." Under this proposed resolution, the City of Kenai would adopt the four (4) policy statements numbered 1 through 4 on pages 2 -3 of the replacement resolution. At the 5/19/10 meeting, on my motion, the Kenai City Council voted to postpone replacement Resolution No. 2009 -68 to the City Council's 07 -07 -10 meeting for additional public hearing. Your comments are welcome, either in person at Council's 07 -07 -10 meeting, or by email or letter. If you wish to comment by letter or email, and want to have your comments in the record and Council packet for the 07 -07 -10 meeting, please email your comments before Noon on Thursday July 1, 2010 to the Kenai City Clerk, Carol Freas, at: cfreas!a�ci.kenai.ak.us; or by mail to the City Clerk, City of Kenai, 210 Fidalgo SL, Kenai, AK 99611. If you are unable to do so by that date/time, but can do so before 3 pm on the meeting day of 07- 07-10, then your written comments can be added to the record as a lay down at the meeting, You are also welcome to email or mail your comments to other Council members at their addresses listed on the City's web site, or to me at: bob(Tmolloyforcouncil.com; or you may mail your comments to me at the above address. Thank you for your interest and your consideration. Bob Molloy, Council Member Kenai. City Council -20- BOB MOLLOY 110 S. WILLOW ST., SUITE 101 KENAI, AK 99611 (907) 283 -7373 (volcE) 283 -2835 (FAX) bob @molloyforcouncil.com June 15, 2010 Your participation in and comments at the City of Kenai's TOM. Hall Meeting on 05 -08 -10 regarding building a sustainable community in Kenai were much appreciated. This Town Hall Meeting was a continuation and expansion of the community dialogue following the four (4) earlier public hearings on earlier versions of City of Kenai Resolution No. 2009 -68. Enclosed for your information are my proposed replacement Resolution No. 2009 -68 and my supporting memo dated 05- 13 -10. My proposed replacement Resolution No, 2009 -68 is entitled "A Resolution Of the Council Of The City OfKenai, Alaska, Supporting Actions Building And MaintainingA Sustainable Community Within The City Of Kenai, And Supporting Networking With Local Governments On The Kenai Peninsula." Under this proposed resolution, the City of Kenai would adopt the four (4) policy statements numbered 1 through 4 on pages 2 -3 of the replacement resolution. At the 5/19/10 meeting, on my motion, the Kenai City Council voted to postpone replacement Resolution No, 2009 -68 to the City Council's 07 -07 -10 meeting for additional public hearing. Your comments are welcome, either in person at Council's 07 -07 -10 meeting, or by email or letter. If you wish to comment by letter or email, and want to have your comments in the record and Council packet for the 07 -07 -10 meeting, please email your comments before Noon on Thursday July 1, 2010 to the Kenai City Clerk, Carol Freas, at: cfreas(@ci.kenai.ak.us; or by mail to the City Clerk, City of Kenai, 210 Pidalgo St, Kenai, AK 99611. If you are unable to do so by that date /time, but can do so before 3 pm on the meeting day of 07- 07 -10, then your written comments can be added to the record as a lay down at the meeting. You are also welcome to email or mail your comments to other Council members at their addresses listed on the City's web site, or to me at: bob@mollovforcounciLoom; or you may mail your comments to me at the above address. Thank you for your interest and your consideration. ry e Bob Mo oy, Council Mem Kenai City Council -21- Confirmation Job number Date To Number of pages Start time End time Pages sent Status Job number To: From: Subjec Phone: teats: Pages: REMARKS Report 386 Jul-09 01:15pm 52833299 002 Jul -09 01:15pm Jul -09 01:16pm 002 OK Memory Send Page 001 Date Time: Ju1-09 -10 01:16pm Line 1 907 283 5068 Machine ID City of KenailCity Clerk 386 SEND SUCCESSFUL OFFICE' OF THE CrrY CLERK CrrV OF KENAI 210 FtGALGO AVENUE, SUSTE 200 KENAZ, AK 99611 -7794 Telephone: 283 -7535, Extension 231 Fax: 907 -283 -5068 (907)283 -7535, ext. 232, Fax: (907)283 -5068 Carol Freas From: Familie Veh [heyoyveh @yahoo.com] Sent: Saturday, July 03, 2010 9:49 AM To: Carol Freas Subject: Resolution 2009 -68 Dear Kenai City Council; I urge you to pass the current Resolution No. 2009 -68. I drove to the council meetings four times to support this resolution, which has changed over time. I participated in the Kenai City Town Hall Meeting on sustainability. I've put my time into this issue, and my time is more valuable than silver or gold. Please pass this resolution. Thank you for taking the time to discuss sustainability. Sustainability covers many areas city zoning, walkabililty of cities, energy, local foods, transportation, waste management, etc. Personally, this is a real passion of mine. Thanks for paying attention to this issue. Enjoy your fleeting days of Summer! Sincerely, Kate Veh Suggested by: Councilors Marquis and Smalley CITY OF KENAI RESOLUTION NO. 2010 -23 A RESOLUTION OF THE COUNCIL OF' THE CITY OF KENAI, ALASKA, OPPOSING 'AN INITIATIVE CREATING AN ALASKA ANTI CORRUPTION ACT' WHICH WILL BE ON THE 2010 ALASKA PRIMARY ELECTION BALLOT. WHEREAS, on August 24, 2010, an initiative will. be on the Alaska primary ballot which will ask the voters to decide if public funds can be used for election campaigns; an d, WHEREAS, the Kenai City Council believes this law goes much deeper than is stated; and, WHEREAS, municipalities would be affected in the following way: Municipalities will NOT be able to hire lobbyists for capital projects or for help with Legislation; Elected officials will not be able to travel to Juneau to talk with the Legislature unless they pay for their travel and lodging with their own money; and, Municipalities will NOT be able to have ANY person lobby unless they are specifically invited by a Legislator. WHEREAS, the City of Kenai depends on a close worldng relationship with the state legislature; and, WHEREAS, this initiative would seriously disrupt that relationship, to the detriment of all Alaskans; and, WHEREAS, this initiative would seriously infringe upon the citizens' right to communicate with their elected officials; and, WHEREAS, holders of state or local government contracts of over $500 a year would be prohibited from making political contributions, as well as would their family members; and, WHEREAS, if your sister's husband sells office supplies to any local government, (a purchase order can be construed as a contract), you and the rest of your family will be prohibited from taking part in individual campaigns initiatives and ballot propositions; and, WHEREAS, non profits who receive local or state funds or grants would find their board members and their immediate family could no Ionger take part in government issues; and, WHEREAS, this bill will bring government in the State of Alaska to a virtual stop; and, -22- Resolution No. 2010 -23 Page 2 WHEREAS, Alaska's recent corruption issues did not involve the campaign finance structure and this initiative would NOT have prohibited legislators from taking cash bribes; and, WHEREAS, the term "anti- corruption" is a very misleading term used by the proponents of the initiative, as in reality it is a basic attack on our Constitutional rights of free speech and our right to petition our government for redress; and, WHEREAS, this initiative has been submitted and funded by a man from New York City who has also filed this initiative in at least three other states; and, WHEREAS, this initiative has passed in only one of those states (Colorado) three years ago and was just recently struck down as unconstitutional NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, the City of Kenai stands opposed to the "Initiative Creating an Alaska Anti Corruption Act. PASSED BY THE COUNCIL, OF THE CITY OF' KENAI, ALASKA, this seventh day of July, 2010. ATTEST: Carol L. Freas, City Clerk -23- PAT PORTER, MAYOR RYAN MARQUIS (907) 283 -7405 Ph. (907) 398 -8058 Cell y an.(m arqui s fo rkena i. c o m To: Mayor Porter, Council Members Boyle, Eldridge, From: Council Member Ryan ■arquis%? Date: 4 -01 -2010 -24- oore, Smalley Subject: Resolution No. 2010 -23: A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, OPPOSING "AN INITIATIVE CREATING AN ALASKAANTI- CORRUPTION ACT" WHICH WILL BE ON THE 2010 ALASKA PRIMARY ELECTION BALLOT I'm respectfully requesting your support on this resolution to oppose this unconstitutional and misleading initiative that strikes at the very heart of our right to free speech. 1 fear that this initiative may solicit significant voter approval based on it being dubbed "Anti- Corruption It is my belief that the crafter of this initiative was being intentionally deceiving, in an effort to secure passage. One example of the negative impacts passage of this proposition would have is that it would take the voice away from our community's small business owners. For example, if a local business sold anything to a government and received more than $500, they, as well as their family members, would then be prohibited by law from making any political contributions. If, say a local seamstress repaired a theatre curtain at one of our schools and was compensated more than $500, that seamstress is no longer allowed to contribute to political campaigns and this ban extends to their families. This is just the tip of the iceberg of the harm that this proposition could cause our citizens, local businesses, and local governments. The Honorable Sean R. Parnell Lieutenant Governor P.O. Box 110015 Juneau, Alaska 99811 -0015 December 18, 2007 Re: Review of 07ANCO Initiative Application A.G. file no: 663 -08 -0057 Dear Lieutenant Governor Parnell: I. INTRODUCTION You have asked us to review an application for an initiative entitled "An Initiative Creating An Alaska Anti Corruption Act." We find no legal problems with the bill that warrant denial of certification and so we recommend that you certify the application. II. SUMMARY OF THE PROPOSED BILL The bill is comprised of two sections with the stated objective of reducing the appearance of corruption in government. Section 1 is essentially a prohibition on use of public funds for electioneering, repeating the prohibition against the use of public funds in candidate campaigns that appears in AS 15.13.145, and adding a prohibition against the use of public funds to advocate in ballot measure campaigns. The section also supplements penalties for violating prohibitions against government spending in campaigns. Section 2 prohibits contractors on public works construction projects from making contributions to candidates. It also provides for civil and criminal penalties for violations. Section 1 prohibits the use of tax revenues or public resources for campaign, lobbying or partisan purposes. The law now permits the use of public funds in a ballot measure campaign if the legislature or local legislative body appropriates funds for that purpose but prohibits public spending in candidate campaigns. See AS 15.13.145. Section 1 would prohibit any advocacy in a campaign without regard to legislative authorization. This section prohibits the acceptance of contributions of public funds, duplicating a similar provision in AS 15.13.072, which prohibits the solicitation or -25- Hon. Sean R. Parnell December 18, 2007 A.G. file no: 663 -08 -0057 Page 2 acceptance of unlawful contributions. Section 1 also prohibits the use of public funds to lobby. Current law exempts state public officials from the definition of "lobbyist" in recognition of the need for executive and legislative branches to confer on legislation and budget issues. The prohibition probably was not intended to cover this conferral but, instead, was directed at spending for a professional lobbyist. This section provides that a violation of the section is a class A misdemeanor, duplicating AS 15.56.012, which makes a knowing violation of AS 15.13 a class A misdemeanor, and provides the additional remedy of restitution. It also provides that, if a person violates this section more than once, that person is barred from holding public office or employment with the state or any political subdivision for 10 years. There is no administrative remedy or procedure provided in the section, although current law provides an administrative procedure for conduct that already is a violation under AS 15.13. AS 15.13 380. Subsection (C) of section 1 provides that section 1 does not apply to communications between a legislator and legislative staff or public officer, communications by an elected official with constituents, appearances by a public officer or employee before a public body to provide information, a public employee acting in a personal capacity, or certain public employees who assess the impact of proposals that affect the administration of government. Because communications are not prohibited in the section, it is unclear what subsection (C) means except to ensure that the prohibition against public spending for lobbying is not interpreted to prohibit communication by public officials with legislators and their staff. Subsection (D) of section 1 contains definitions. The definitions are quite broad. For instance, the "use of tax revenues or any other public resources" is defined such that the prohibition against the use of such funds for campaign, lobbying or partisan purposes encompasses uses of public funds in support of or in opposition to legislation or ballot measures. It would also prohibit incurring any expense for public employee paycheck designations for donations to an organization that engages in lobbying activities, unless such organization is a qualified 501(c)(3) entity under the Internal Revenue Code. This prohibition would need to be reconciled with AS 23.40.220, which requires a public employer, including the state, to deduct from payroll the monthly dues and other fees and pay them to a union when authorized by a public employee. The definitions section also contains an applicability section extending the applicability of the section to all state and local government in Alaska, as well as their officers, agents and employees. Section 2 contains a number of prohibitions designed to eliminate the involvement in campaigns of persons who contract with a government entity. Subsection (A) prohibits a person from entering into a government contract if the person employs a current or -26- Hon. Sean R. Parnell December 18, 2007 A.G. file no: 663 -08 -0057 Page 3 four:ier legislator or legislative staff person who is less than two years removed from that position. Violation of this provision is a class A misdemeanor. Additionally, the contract may be forfeited and any amounts paid under the contract returned as restitution. The provision makes an exception for legislators and legislative staff that engaged or were certified in the profession or occupation "within one year" prior to becoming a legislator or legislative staff person. The section does not provide procedures for certification. Because it also fails to authorize regulations, it is unclear how the state would implement the cen:ification. provision. Subsection (B) prohibits a legislator, candidate, or public official from soliciting or accepting a campaign contribution from a holder of a government contract. Violation of this provision is a class A. misdemeanor. Amounts received in violation of this section must be returned as restitution to the contributor and an equal amount paid as restitution to the state. Repeat violators are barred from holding public office or employment with the state or any political subdivision for two years. Subsection (C) provides that a person holding "no -bid" government contracts is a "holder of a government contract" (likely meaning that a legislator, candidate, or public official may not receive contributions from them under subsection (B)). Persons holding no -bid government contracts also are contractually bound to stop making or soliciting contributions and to stop making independent expenditures (a term used and defined in AS 15.13) to elect or defeat candidates during the term of the contract and for two years after it terminates. Because the prohibitions appear limited to holders of "no -bid" contracts, presumably, other persons who became public contractors after participation in a bidding procedure, can make contributions and independent expenditures regarding candidates for public office. The provision requires double restitution for violations. Repeat violators are barred from holding public office, entering into a contract, or employment with the state or any political subdivision for a period of three years. Subsection (D) provides that subsection (C) may be enforced in superior court by anyone, and that such person is immune from any legal action for so doing. Subsection (E) contains the definitions for section 2. Like the definitions for section 1, they are broad. For instance, the definition of "government contract" also includes a collective bargaining agreement with a labor organization. "Holder" of a government contract includes any person that has a five percent interest in a party to the contract. The definitions section also contains an applicability section extending the applicability of the section to all state and local government in Alaska, as well as their officers, agents and employees. -27- Hon. Sean R. Parnell December 18, 2007 A.G. file no: 663 -08 -0057 Page 4 Subsection (H) requires the State of Alaska to publish a summary of all government contracts on its website. The summary must contain details of the contract, including the parties, the term, and estimated amount to be paid. Section 3 provides that if there is existing law that is less protective than this bill, the provisions of the bill will apply. Section 4 is a severability provision similar to AS 01.10.030. 1II. ANALYSIS Under AS 15.45.070, the lieutenant governor is required to review an application for a proposed initiative and either "certify it or notify the initiative committee of the grounds for denial" within 60 days of receipt, The grounds for denial of an application are that (1) the proposed bill is not in the required form; (2) the application is not substantially in the required form; or (3) there is an insufficient number of qualified sponsors. AS 15.45.080. We discuss these next. A. FORM OF THE PROPOSED BILL The form of a proposed initiative bill is prescribed by AS 15.45.040, which requires that (1) the bill be confuted to one subject; (2) the subject be expressed in the title; (3) the enacting clause state, "Be it enacted by the People of the State of Alaska and (4) the bill not include prohibited subjects. The prohibited subjects dedication of revenue, appropriations, the creation of courts or the definition of their jurisdiction, rules of court, and local or special legislation are listed in. AS 15.45.010 and in article XI, section 7, of the Alaska Constitution. The bill satisfies each of these four requirements. With respect to the requirement that the bill be confined to one subject, we note that the bill proposes restrictions on use of public funds for electioneering, as well as restrictions on participation in campaigns and lobbying by persons with interests in certain government contracts. While these are potentially different subjects, the overall objective of the bill is to reduce corruption in government, and both sets of restrictions are calculated to implement such purpose. We have recently considered the single subject rule in the initiative context, and noted the many cases in which the Alaska Supreme Court has adopted a lenient threshold for determining whether the single subject rule is satisfied. See 2007 Op. Att'y Gen. 10-12 (July 18; 663 -07- 0191). We think that the unifying theme in 07ANCO is government ethics and that all the sections in the bill fairly relate to this subject. -28- Iron. Sean R. Parnell December 18, 2007 A.G. file no: 663 -08 -0057 Page 5 With respect to the remaining requirements, the subject of the bill is alluded to in the title "creating an Alaska anti- corruption act The enacting clause is set out correctly. The bill does not contain any of the prohibited subjects. While we recommend the initiative be certified, we do note some legal issues with the bill. We raise these issues here. Subsections 2(S) and (C) of the bill impose a ban on certain political contributions by holders of government contracts. As we have previously observed, the U.S. Supreme Court is vigilant with respect to protecting First Amendment rights in the campaign finance context. 2007 Op. Att'y Gen. 1 -2, (Aug. 8; 663 -07- 0191). Although the Alaska Supreme Court has upheld a number of contribution bans in State v. Alaska Civil Liberties Union, 978 P.2d 597, 607 -633 (Alaska 1999), the bans proposed here (particularly with regard to the bans on campaign spending by persons holding small public contracts) are quite broad and may not pass muster. We are particularly concerned about the prohibitions on campaign expenditures (defined in AS 15.13), which the courts have been extremely careful to protect. Although the constitutionality of this bill's ban on political contributions by holders of government contracts could be challenged at some point, courts in Alaska will not entertain such challenges until after the measure has been enacted by the people. See Alaskans for Efficient Government, Inc. v. State, 153 P.3d 296, 298 (Alaska 2007) (constitutional issues not identified as prohibited subjects may only be considered after initiative becomes law). We also note that section 1 prohibits the use of public funds for on a ballot measure campaign. As a constitutional :natter, the legislature may appropriate money for any public purpose. Alaska Const. art. IX, 6. While our courts have not ruled on whether an appropriation for such purposes is for a public purpose, the courts have adopted a fairly broad test. See DeArmond v. Alaska State Dev. Corp., 376 P.2d 717, 721 (Alaska 1962) (public purpose is what legislature says it is unless arbitrary and without basis in fact). Thus, it is conceivable that if this ballot measure were enacted, the legislature could, consistent with the constitution, appropriate funds in violation of this provision. We doubt that the courts would enforce against the legislature a statute that restricts the constitutional power of appropriation. Acceptance of such appropriated funds, however, could expose the recipient to criminal and civil sanctions. We also note in this regard, that the Alaska Constitution prohibits an initiative from repealing an appropriation. Alaska Const. art. XI, 7. This measure does not repeal an existing appropriation it merely seeks to prevent the legislature from using its appropriation power for certain purposes in the future. Thus, we do not think that this provision violates the restriction against initiatives repealing an appropriation. And, as just noted, we doubt that such provision would be enforceable against the legislature. -29- Hon. Sean R. Parnell December 18, 2007 A.G. file no: 663 -08 -0057 Page 6 B. THE FORM OF THE APPLICATION The form of an initiative application is prescribed in AS 15.45.030, which provides: The application must include the (1) proposed bill; (2) (3) printed name, the signature, the address, and a numerical identifier of not fewer than 100 qualified voters who will serve as sponsors; each signature page must include a statement that the sponsors are qualified voters who signed the application with the proposed bill attached; and designation of an initiative committee consisting of three of the sponsors who subscribed to the application and represent all sponsors and subscribers in matters relating to the initiative; the designation must include the name, mailing address, and signature of each committee member. AS 15.45.030. The application meets the first and third requirements as well as the latter portion of the second requirement regarding the statement on the signature page. With respect to the first clause of the second requirement, the Division of Elections within your office determines whether the application contains the signatures and addresses of not less than 100 qualified voters. C. NUMBER OF QUALIFIED SPONSORS The Division of Elections within your office will determine whether there are a sufficient number of qualified sponsors. IV. PROPOSED BALLOT AND PETITION SUMMARY We have prepared the following ballot -ready petition summary and title for your consideration: -30- Hon. Sean R. Parnell December 18, 2007 A.G. file no: 663 -08 -0057 Page 7 INITIATIVE PROHIBITING PUBLIC FUNDS FOR ELECTION CAMPAIGNS ALSO PROHIBITING CAMPAIGN CONTRIBUTIONS BY HOLDERS OF GOVERNMENT CONTRACTS V. CONCLUSION ivAAB /rca This bill would ban the use of public funds for political campaigns and lobbying. Funds could not be used to support or oppose a ballot measure. The bill would limit political involvement in government contracts. It would ban political contributions by holders of government contracts. It would ban legislators and their staff from being employed by holders of government contracts for two years after leaving state service. The bill has criminal and civil penalties. Should this initiative become law? This summary has a Flesch test score of 57.1. We believe that the summary meets the readability standards of AS 15.60.005. For the above reasons, we find that the proposed bill is in the proper form, and therefore recommend that you certify this initiative application. Please contact me if we can be of further assistance to you on this matter. cc: Whitney Brewster Director of Division of Elections Office of the Lieutenant Governor Sincerely, TALIS J. COLBERG ATTORNEY GENERAL By: -31- Michael A. Barnhill Senior Assistant Attorney General AN INITIATIVE CREATING AN ALASKA ANTI CORRUPTION ACT BE IT ENACTED BY THE PEOPLE OF THE STATE OF ALASKA: Section (11 The laws of Alaska are amended to create a section to read as follows: Public resources from any source not to be used or received to further any political agenda (A) No public body, public officer, person in the employ of the state, any of its political subdivisions, any school district, or candidate for public office may, directly or indirectly, direct, permit, receive, require, or facilitate the use of tax revenues or any other public resources for campaign, lobbying, or partisan purposes, including payment of dues or membership fees of any kind to any person, league, or association which, directly or indirectly, engages in lobbying, campaigns, or partisan activity. No candidate, political committee, or political party may accept any contribution from any state, state agency, political subdivision of the state, foreign government, federal agency, or the federal government. A violation of this section is a Class A misdemeanor. (B) Any person who knowingly spends or receives funds in violation of this section shall pay full restitution for the greater of the public cost or for the market value of any misappropriated resources. The second or subsequent violation by a public officer or employee shall render that person ineligible to hold public office or employment with the state or any of its political subdivisions for ten years. (f') The previsions of this section do not Iirnit public officials in the performance of their constitutional duties, and do not apply to: (1) Communications among and between amember and a staff member ofa legislative body; (2) Comments by an elected official or communications from an elected official that are designated for constituents; (3) Appearances by a public officer or employee pursuant to a specific request to appear before a public body to provide information; (4) Communications between an elected or appointed public officer and a legislator or a legislative staff member; (5) A public employee acting in an uncompensated personal capacity, undirected in any mariner by, and who does not purport to represent the interests of, a public employer; and Page 1 of 5 -32- (6) An authorized employee of the office of the Governor, the Supreme Court, or the Alaska Department of Revenue, whose responsibilities are to assess the impact of proposals which affect the administration of government. (D) Definitions. Terms as used in this section mean: (1) "Direct, permit, receive, require, or facilitate the use of tax revenues or any other public resources for campaign, lobbying, or partisan purposes includes (i) the use of public funds or credit, facilities, rights of access, equipment, supplies, or trademarks to influence any state, municipal, or school board election; (ii) undertaking, promoting, or distributing studies, surveys, analyses, descriptions, or other communications using public resources in a manner specifically calculated to induce support of, or opposition to, proposed legislation or ballot questions; and (iii) incurring any public administrative expenses or activities to allocate or designate portions of public employee income to entities that engage in lobbying activities, other than charitable organizations qualified as exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any other future tax code. (2) "Campaign," includes (i) communications or expenditures related to the pursuit of a public office, either electoral or appointive; (ii) all lobbying activity; or (iii) efforts paid in whole or in part by public revenues or resources to coordinate or induce members of the general public or any segment thereof to directly influence legislative activity by communicating with members of a legislative body, supporting or opposing legislation, or supporting or opposing a petition drive or ballot question. (3) "Lobbying," means attempts to directly influence legislative activity by communication with any member or employee of a legislative body, or with any government official or employee who may participate in the formulation of legislation. (4) "Person," includes any individual, business entity, governmental entity, organization, committee, political party, campaign fund, and association. (5) "Public officer or person in the employ of," includes any person who is elected, appointed, or employed by this state, or any political subdivision or school district in this state, including persons who are independent contractors or consultants hired by the state, a political subdivision, or school district in this state. (E) This section applies to the State of Alaska, home rule and general law municipalities, and state, independent and municipal school districts, and State, municipal and school district officers, agents, and employees. Section (2) The laws of Alaska are amended to create a section to read as follows: Restrictions to reduce corruption relating to certain public contracts. (A) No person may enter into a government contract if such person also employs, hires, or retains the services of a current or former legislator or legislative staff member who is less than two years removed from such public position. A person who knowingly violates Page 2 of 5 -33- this prohibition is guilty of a class A misdemeanor and shall, in addition to other penalties, forfeit any contractual rights to any payment or reimbursement, and shall make restitution to the state in the amount of funds accrued during the period of violation. This subsection shall not apply to a bona fide position, trade, occupation, or profession in which a person engaged or obtained certification within one year prior to becoming a legislator or legislative staff member. (B) Beginning on the date a government contract is awarded and extending until two years following the conclusion of that contract, no holder of the public office with ultimate responsibility for the award of the contract, no candidate for that office, and no person acting on behalf of either may knowingly solicit, accept, or direct a contribution from the holder of the government contract or an immediate family member of the holder. No candidate or other person may knowingly accept or make a contribution that is solicited or directed in violation of this subsection. A person who knowingly violates this prohibition is guilty of a class A misdemeanor and shall, in addition to other penalties, make full restitution to the donor and shall pay restitution in a like amount to the state. If the person has previously been convicted of violating this prohibition, the person shall be ineligible to hold public office or employment with the state or any of its political subdivisions for two years, (C) Any person entering into a no -bid government contract awarded by the State or any of its subdivisions shall be considered a holder of a government contract and shall contractually agree to cease making, inducing, or soliciting contributions or independent expenditures, directly or indirectly, through any officer, employee, immediate family member of any officer or employee, vendor, or agent, to or for the benefit of any candidates for any elected office of the state or any of its political subdivisions, or to persons who intend to make such contributions within the state or any of its political subdivisions, for the duration of the contract and two years thereafter. The contractual agreement shall provide that any violation of this provision by the holder of the government contract shall, in addition to other legal consequences, result in forfeiture of any contractual rights to payment under the contract, and in payment of restitution to the friotlo less twice t of e, ntri Amy who state in a^, amount C.. than t ice t to a,........ contribution. knowingly violates this provision, or accepts contributions on behalf of a candidate or other entity in violation of this provision, shall pay restitution to the state in an amount not less than twice amount of the contribution. If the treasurer of any entity subject to such agreement obtains knowledge of a contribution made or accepted in violation thereof by that entity, then liability for the violation shall he also attributable to the treasurer unless the treasurer notifies the State of Alaska about the violation in writing within three business days of learning of such contribution. If a person has previously been determined responsible for violating this section, the person shall be ineligible to hold public office, any contract, or employment with the state or any of its political subdivisions for three years. The governor may temporarily suspend any debarment under this Subsection (C) during a declared state of emergency. (D) A violation of Subsection. (C) may be established and enforced by the filing of an action in the Alaska Superior Court. This action may be initiated by the State, any municipality or school district, any private group or entity, or any member of the public. Ilan action to establish and enforce the provisions of Subsection (0) is filed by a person Page 3 of 5 -34- acting in a private capacity, or any other non governmental group or entity, the claim may be prosecuted by the State or the person or entity initiating the action. Any person, government, group or entity that initiates an action pursuant to the subsection shall be immune from any claim or legal action for doing so, (13) Definitions. Terms as used in this section mean: (1) "Contribution," means a purchase, payment, promise or obligation to pay, loan or loan guarantee, deposit or gift of money, goods, or services for which a charge is ordinarily made and that is made for the purpose of influencing the nomination, election, or selection of a candidate for public office, either elective or appointive, or for the purpose of influencing an initiative, ballot proposition, or question, including payment to another person for the purpose of that person's influencing the nomination, election, or selection of a candidate for public office, either elective or appointive, or for the purpose of influencing an initiative, ballot proposition, or question. "Contribution" does not include personal services rendered without compensation by individuals volunteering all or part of their time for these purposes. (2) "Government contract," includes any contract awarded by an agency or department of this state or any public body receiving state subsidy or authorized to levy taxes, for the purchase of goods or services for amounts greater than five hundred dollars, indexed for inflation per the Consumer Price Index after the year 2010. A contract for services includes collective bargaining agreements with a labor organization representing employees but not employment contracts with individual employees; (3) "Holder of the government contract," includes any party to the contract, including partners, owners of five percent or more interest, officers, administrators or trustees of any person who is a party to the contract, or, in the case of collective bargaining agreements, the labor organization and any political committees created or controlled by the labor organization; (4) "Holder of the public office with ultimate responsibility for the award of the contract," means any elected official who may award the contract or appoint an official responsible for awarding the contract, or any elected official ofa public body where the contract is awarded by that public body; (5) Immediate family member," includes any spouse, child, spouse's child, son daughter -in -law, parent, sibling, grandparent, grandchild, step brother sister, step- parent, parent -in -law, brother -in -law, sister -in -law, aunt, uncle, niece, nephew, guardian, and domestic partner; (6) "No -bid government contracts," includes all government contracts that do not use open, blind competitive bidding processes for procurement. Collective bargaining agreements qualify as no -bid government contracts if the contract confers an exclusive representative status to bind all employees to accept the terms and conditions of the contract; (7) "Person," includes any individual, business entity, governmental entity, organization, committee, political party, campaign fund, and association. Page 4 of 5 -35- (F) This section applies to the State of Alaska, home rule and general law municipalities, and state, independent and municipal school districts, and State, municipal and school district officers, agents, and employees. (G) Nothing in this section shall affect the rieht of the State to suspend, debar, or otherwise sanction government contractors as authorized by Title 36 of the Alaska Statues and implementing regulations. (H) The State of Alaska shall promptly publish a summary of each government contract in a searchable website accessible from a conspicuous place on its official website. Any holder ofa government contract shall promptly prepare and deliver to the State of Alaska a true and correct "Government Contract Summary in digital format as prescribed by the State, which shall: (1) identify the names and addresses ofthe holders and all other parties to the government contract, (2) briefly describe the nature of the contract, including wether the contract was awarded based on a competitive bidding procedure or was a contract awarded with no bid, and goods involved or services performed, (3) disclose the estimated duration and end date of the contract, (4) disclose the contract's estimated amount, and apportioned sources of payment, and (5) disclose other relevant contract information as specifically required by the State of Alaska, including verbatim copies of all contract documents, to the extent disclosure would not violate federal or other state laws, Section (3) Non Applicability of Less Protective Laws If any provisions of the Alaska Statutes or the Alaska Administrative Code conflict with this Act and are less restrictive or less protective of the public interest than this Act, then this Act shall apply. Section (4) Severability The provisions of this Act are independent and severable, and if any provision of this Act, or the applicability of any provision to any person or circumstance, shall be found to be invalid, the remainder of this Act shall not be affected and shall be given effect to the fullest extent practicable. Page 5 of 5 -36- fiPR -0l 2010 10:01 Hit Rep. Chess,. t (907) 465 -3067 or 465.2450 FAX (907) 465-2029 Mali Slop 3101 JECT: TO: I<epresentative Mike Chen Speaker of the House Attn: Tom Wright Alpheus Bullard 651 Legislative Counsel FROM: The Cnit LEGAL SERVICES DIVISION OF LEGAL AND RESEARCH SERVICES LEGISLATIVE AFFAIRS AGENCY STATE OF ALASKA if there is a statewide spaciYat affection befor will be placed en the election ba'l -37- J P. 2/15 February 15 2010 State Cap toI Juneau, Aestka 99601 Deliveries to: 129 6th St., Rm. 320 07ANCO (Ai ti Con- uption e) questions anon analysis (Work Order No. 26 -LS 1439) You rcquestec a legiti opinion relating to rho above-des3rihed nrtSati`rc and asked several questious ae to possible effects of the ini and nnswers to your questions. Provided below is a legal analysis of the 011 May 15, 2008, Lieutenant Governor Parnell determined the petit for the initietfv e entitled An tnitiative Creating An Alaska Anti Corruption Act" was properly filed The initiative should appear on tfte August 24, 2010 statewide primary election ballot? While the ballot application was certified by the lieutenant governor as compliant with state and statutory requirements pertaining to initiatives this certification Your fourth question, '(Are there, beyond the specific questions already as practical ramifications [of the initiauive]," is addressed by th noriion memorandum entitled "constitutional issues." primary election, the initiativ 5.45.420), Under AS 15 .45,070, the lieutenant governor is required to review an applic proposed ballot initiative and ether "certify it or notify the initiative commit grounds for denial." An initiative will he denied by the lieutenant governor if (1) the proposed hill to be initiated is not in the required form (2) the application is not ermn; or (3) there is an insufficient number of qualified substari sponsors. a to t e attorney general's review of the 07ANCO initiative application (No. 663 08.6:157, December 118, 2007). The form of a proposed initiative is prescnhed by AS 15.45.040, This s tha (I) the bill be confined to one subject; (2) the subject of the bill shall express C'henaut Represent' tiveMike Chenault February 15, 2010 Page 2 should not be interpreted as an i tfrmattan of the consututiojf}altty of the ,pitta provisions ANCO estabhst.es a variety of new rules relating to (1) wlfo rnay contract s�atc to x,.a 1iticai s hdtvisi(Y;;S and (2) Who may make contributions to, or dent expenditures on behalf of, certain candidates for public office. The initiative les for civil and criminal penalties for violations of its provisions and directs state websit:e be established where summaries of all contracts awarded by the state state's poiiticta! subdivisions, and school districts (government contracts) must be listed. INITIATIVE SUMMARY Section One, Public resources from any source oat t'o eae used rsr° rccek'ed to further any political agenda Subsection (1)(A) prohibits public bee s.„ p`ubhe of persons in the employ of the state, the state's pot tieni subdivisions, school distracts, ar candidates for pubbe office Gram directly or indirectly using, or aiYtawing to ne used, tax revenues or other public resources cot campaign, lobbying, or partisan pcfrh sad. lass prohibition extends to the payment of dues or mcmberalup fee any kind fu any ent t r 6 engages in lobbying, campaigns, or partisan activity. it siso prohibits co political committees, and political parties from' accepting contributions from any state, state agency, political subdivision of the state, foreign government, federal agency, or the federal government.. Violation of this subsection is a class A misdemeanor. While prohibiting the use of public resources i`of campaign lobbying or pa^isan purposes ay not seem a novel proposal, the Pea£ {n by ill Y hi s ction (1 )(D -38- 48 5 2823 f if 10 the title; (3) the enacting clause of the bill shat? tae: "Be it enact State of Alaska," (4) the bill may not include sub}eets restr by AS 15.45.010 ,provides that ".tn initiative :nay not he proposed to dedicate revenue, to make or repeal appropriations, to create courts, to define the jurisdiction o adores or prescribe their rules, or to enact. local or special legislation." This section is a statutory restatement of the Alaska Constitution's art, XI, sec. 7. Uniess an ■nitiativc is clearly unem =.ofd an, initiativC s L'O than the inclusion of prohibited subjects under art. X1, only be considered after an initiative is enacted. See Alaskans l r I,ne, v_.. State, 153 P.3d 296, 298 (Alaska 2007). Aride 1X, section 6 n; the A;aska Constitution }lrotaibits fine use of public non•piuh!ic purpO of tarn tonal issues tither eonstittatiofl wilt {j:;— 0--2:J ]0 0 i! 'Per, t,eranauit Representative Mike Chenauit February 15, 201 0 Page 3 "campaign and 'iobbying (and rem mitts silent as to °part %son purl departure from what current law provides. Subsection ([)(A) coo" prohibit the following currcnt (1) deduction of union dues by the stat-c from a puhlie empoyee's income currently allowed under AS 23.40220); (2) use of public rands to support or oppose legis ballot rnca (3) lobbying of the federal government by the slate (i Arctic Power to lobby in Washington D C, an behalf of oil expioratitan and develop in the Arctic national Wildlife Refuge); (4) funding of state election campaigns by the state (us was proposed lay the "clean eieetions" initiative that appeared on rite August 2008 primary election tailor); and of e cam ntutications betwee emaalnyccs of a political subdivision or an executive branch department and p'a rsons in ttae legislative branches of government concerning legislative action desired by the political dvision or department, Subsection (1)(A) could also be inter :i ettad io elim mate rte iirnitect xc eptons t'o 'prohibitions against tine use of government resources allowed under AS 24.60.030 {a} o AS 39,52.}20Q» (i.e. telephone or facsimile use that does not carry a special charge by a or legislative employee or the use of the governor's residence for meetings to lineal strategy). Subsection (1)(B) provides that a p erson who knowinfty spends or receives fund in vio ation of section 1 of the initiative must "pay f *ail restitution for the greater of the public cost or for the market, vaitt of any nnsappropn teC acs aces." A second See the discussion of suhseotion (1)(C) (below. -39- 465 2833 "Campaign" is defFned by subsection (1)(D) to ti '(l), cotnm „ilniCa at expenditures related to the purl ti'4 in [i ublic u[ ii.-G eft; er electoral or appointive; (11) a1 lobbying activity; or (iii) efforts pail in wh.ote or in pun by public revenues or resources to coordinate or induce members of the general public or any segment thereof to directly influence legislative activity by communicating with tneinbers of a legislative body, supporting or opposing legislation, or supporting or opposing a petition drive- or ballot question,” 1 "Lobbying” is defined by s'ubsectiott (1)(D'} to mean "attempts to directly intiuence legislative activity by communication with any member or employee of a legislative body, or with any government official or employee who may participate in the formulation of legislation." iu may approtarntw money for any public purpose under art iX, sea. 6 of ion. Under AS 15.13.145, certain political subdivisions of th state are to expend funds in support or opposition to a ballot initiative if funds have bean specifiea?ly appropriated for tha4 purpose -by a state law or a municipal ordinance: P. 4/15 APR- 01-2010 10;02 AN vetenau ;t Representative Mike Chenau!t February 15, 201E Page 4 603 2833 51 viol ation of section 1 by a public sfi public employee ineligible for publi political subdivisions for ten years. Subsection (1)(C) of Me initiative provides t at the initiatives section 1 certain persons and certain communications, comments, and appearances, that subsection (1)(A) does not apply to communications between a legistat legislative staff, communication between a legislator and the legislator's conscituc appearances by a public officer or employee before a public, body for the purpose of providing information, comm'anicat cis between an ciected or appointed public: official with a Legislator or legislative staff member, a public employee acting in u personal capacity, or "authorized employce(sl of the office of the Governor, the Supreme Court, or the rj Deportment of Revenue" responsible for assessing "the impact of proposals which affect the administration of government." While subsecttort (i)(A) does not directly prohibit an..y cornmun comment, et appearance, suhse,tior. (?)(D) defines ''lobbying s .y that tive could be interpreted to prohibit the employees of state departments or political subdivisions from com with ?e i intiv'c perso?atnel about the needs of their departments or political subdivisions in the initiative "s section 1 makes exceptions for "appearances by a public officer or employee" whose appearance, has been requested, and communications between an elected or appointed pubic officer and a legislator or legislative stallmember are permitted, no exception is made for the employees of a state department or political subdivision to communicate (unless requested to appear) with legislators or legislative staff Subsection (1)(D) provides aetinitions for section 1. Subsection (!)(E provides that section 1 app!rt districts, anct the public officers, agents, and empleyt school eiis SeeG ti&t nt jy oyarcnt w nth tlta scar or any Subs: coon (2)(A) places restrictions on who may contract with the state, a political subdivision of the state, or u school district. It prohibits persons wS io employ or "retainf or a person who is or was a l:eeislator or legislative staff member, who is wo years removed from that position (gtless the legislator, legislative staff member, or former legislator or legislative stuff member is employed or retained in a trade, occupation, or profession in which. the legislator, legislative staff member, or The initiative's language is "state, and tndetaendestt and to tnieipa. school dist :rpret this w be a comprehensive re greats to alt school districts. In Alaska tl ough school districts, city school districts, regitsnaf educational attendance areas, and bor rd.irrg seb000l (Which operates as a sobool dist -40- contr or palities, school runicipalities, and APy-01`20\8lR|83Ali Rep, ()hpla,!i 465 2833 Representative 'Mike Ckmn^u& February l5,2OlV Page former legislator or>e'ix\ud,totufY/nemberwuueo&aged`orbuduhtoiuodcndi `�i to f�r,utivu�i*noy�xr�ror, obtaining government contracts.' A knowing. viotation of this subsection is a class A misdemeanor. In addition to the misdemeanor charge, a person who-knowingly violates the p this rights r eimbursement �nhdortkecon[ructuudmuomuke/crtil"honn Subsection (2l(B�rv�Lhc the range ufprwons1�unov/hb/n^pob�cof�oerurcandidate contributions. 8pnohibbuupuhduufbcrholder �rpu6�i��t6cvcooysolicit ar�o��p�oono`ouzoo� with "ultimate rc*pono`bi|i{y" for the award o|e government uoruruci.x candidate k)r that public office position or u person acting "no. behalf' vf either that public afl1ce holder who awardeci the contract or a candidate for that public office holder's position frornnsolio(ding[ucteptSn&],ordi#ctGugl government cuo{rxct immediate family ruc'rmbcroi that person. knowing violation of the prohibition set out this subsection is a class A misdemeanor, In addition to the misdemeanor charge, a person Who knowingly violates this subsection must make full restitution iothe person who made the contribution and pay umatching amount K` the state uSx penalty, A second violation oisubsecton (2)W) renders a person ineligible for public oftice or cmpoyment wth thc state or any 01' its poUtical subdivisions for two years, Subsection (2)(C) prohibits persons holding nu4id government contracts from making or uu|iuihng contributions io elect vrdefeat any candidute for public oilice in the state ar frum nuukingindependent expenditures" on such u candidate's behalf. This prohibition remains io effect for two years following' the termination of the contract, Violation nC this provision 0y the holder o{uno-bid government contract results b) forfeiture of die. right te payment under the contract and payment of an amount 'blot less than tvvice the The initiative does not supply a definition 01 "certification." Certification could be interpreted to mean a profe.sxioaa]'s "accreditation° or degree ot it could bointerpreted to require some type nf state certification proArxno, /2 "government contract" ix defined bya/6sctdon(2)(2\au "any contract awarded l`y an agency or department of the state or any public body receiving state subsidy or authorized (o levy taxes, fur the purchase of&uvdowrservices for amounts greater thart $508„ Such contracts include collective bargaining agreements with labor organizations. "Holder of the public office with ultimate responsibility for the award of a contract" is defined hy(2)0 to rnaan any elected offlci& Wiici may award the coTuract or appoint an ofticial responsible for awarding the contract, or any elected official of a public body where the contract is awarded by that public body. Independent expenditures i.61 or against candidates are currentiy governed by AS 15.13.135. .41^ I', 6/15 APR-01-2010 10103 A!i! trap, 0henauit Rencesentative'. lice C iTenatt ry 15 2t;ifs Subsection district's, and school district "Govern of inform Page. contribution" t the gate as a penalty. If the holder a zi e no bid Contract lS all "c ooly that has a treasurer that 1{.11 S Ch t' e eontrt6tit ➢on ti .;4 the ttcustrcr may also he held 'liable l0Y ltle violation, t. .n addition to t'',tt'.Se t *CnL^.1 0105, a }`Y rsot; WITO violates this section a Second time is ineligible to again contract. Vdith the state, hold public office, or be employed by the stage ar any of its poiiticat sts?a?tvisinn5 Eon tlree years. The governor may suspend a "disbarment" under this section during a c eclszre i sta of emc ay be eritorceu in superior court by any party,: and that party is immune from legal actions for bringing such an action. Subsection (2)(E) provides definitions tot se font `2. coon ap l ies w the state, mi,iltcipa Ties, school ployees of the state, nniraieipaltties, and Subsection (2)07) provides pub Sub section (2) Gj provides that saetfo suspend, debar, or otherwise. sanctions contractor who is subject to AS 36 (Ftib Contracts). Subsection j {T "tJ rccahres at 1'iie state COTTSptiy iati a summary of each "government contract" (presumably inchtc'iing those co .trot a atvarded by the states political subdivt3}on'3 anti school districts) on a Wehsite accessible from the state's official oo, olio is an ongoing obligation for each oontruct that is entered iative`s effective date, and not u one -time only requirement. 'T'Ire s persons who have been awarded a eoveran;enr contract to file a Surrernary" in digital !form that would summarize a large quantity -42- Section Thr ee..! ota- applicability of [ess protective laws The initiative does not cure °tiy ieneai cr amend any statute or reguiatiran. Section 3 provides that existing state £tutuieS and regutattons that "conflict with tale i nitiative' and restrict €ve or less protective of the nubile interest" are superseded by the initiative's provisions. The initiative does not examine the relationship between the state's ve bsite and the "Government Contract Summary" that govemmeni contractors are required to file. The information that the contractor is required to file is information that the state (if the suite was the government entity that awarded the contract), as a party to the contract, would already have r #.e. "rite nature of the contract the estimated duration and end date of the contract," etc.). This ill: onnation 'appears to be meant f ©r publication on the required state web52 &e, halt the initiative is not dear on the point, 01 -2010 10 AN AM Chenault. Representative Mike Chena,tl February 15, 2010 Page 7 Section Four, Sev Section 4 prove nitiative's application to unconstitutional, that only th CONSTITUTIONAL ISSUES The initiative implicates constieutiona& tsstie for state legislative and executive elective of ice, i'rc,odc overbreadth, and equal protection. The issues are discussed be Prohibiting the k partisan purpose The initiative's section (1)(R) 1sroh.ibits the expenditure of public funds for campa lobbying, or partisan purposes. Euticte IX, sec. 6 of the state constitution allows the islature to appropriate fronds for any public purpose. The state Supreme C.outt has that "where the legislature has found that a public purpose will be served by the expenditure or transfer of public funds or the use of the public credit, this court. will not set aside the finding of the legislature unless it clearly appears that such finding is arbitrary and without any reasonable basis in foot" DeAnnond v. Ala.sc.a State Devcioprnent Corp. 376 P.2d 717, 721 (Alaska 1962), citing: re Opinion of the Justices. 177 A.2d 205 (Del. 1962). Consequently, if the legislature were to choose to appropriate funds in relation w a ballot measure or to fund a program for the financing of public elections, a court might not enforce this provision of the initiative Barring persos`es from public office Subsections (I)(I3), (2)(B), and (2)(C) or the initiative that "render [a] person ineligibie to hold public nfficc (,.,1 with tf,e Late or any of eta po§ #cal srbtfivisians for [10, 2, and years' might he found by a court to impose art untonstittt +iontd qualificairon for the offices of governor, lieutenant governor, state senator, and state repays nt tiv an. 11, sec. 2 and art. II!, sec. 2 of the Alaska Constitution.' 465 2 ,ny provision o1 the initiative, or arty pr v 5i n of the 300 or circumstance (if enacted) is found to be ssible sections or applications Ube severed. gislative power, qr 0 :pending: public funds for "campaign, kobbyin An, f[, sec. 2, provides for the qua lv D,413 RS' QUALINCATIONS. A member of the legislature shall be a qualified voter who has been a resident of Alaska for at least three years and of the district from which elected for at least one year, immediately preceding his fiintg fot office. A senator shall be at !east twenty-five years of age and a representative at least twenty -one years of age. tut. 11, sec. specifi s eettrita additio at diseualif cations: -43- 01-2010 lu :0 cif Rep, Ctenau+ Representative Mike Chenmrft February Page S slats en o.+ crowd authority to presc tits q (see Stlaarrnan v. Dowell, 413 U S. 634 certain state elective offices are spelled out in seve a court might rule that the people (through the hority to 'set or establish additional qualifications on offices Under the state constitution art. Il', sec, 12, eac chops and q ralifieaticn (Alaska 1981) (coup' etr4arcecl a sta €utory provision assembly, but noted that statute nilllt pct app y to a constitution art, 11, sec, E. E3eeaus initiative might be iaterpr Opinioi by a court to apply only to other eiec DISQUALIFICATIONS. i o Ie islafar ratty hold any other office er position of profit under he United States or tIle State. During the term or x ttich elected and for one year thereafter, no legislator may be nominated, elected, OT appointed to any other office or position e° profit which has been created: or the salary or emoluments of which have been increased, while he was a member. This section shall not prevent any person from seeking or holding the office of governor, secretary of state, or member of Congress, This section shall not apply to employment by or Section to a constitutional convention. Art, HI, sees, 2 and 5, prescribe the qualiti t 'OR'S QUALIE'ICATJONS, The governor shall be at least thirty years of age and a qualified voter of the State. He shat; have been a resident of Alaska at toast seven years immediately preceding his filing for office, and he shall have been a cutixen of the United States for at least seven yeah, LIMIT ON TENURE No person who has been ;Itali be again eligible to hoist tl for tc one ft a ec. 7, prescribe ti7 eovemor: re Attorney General, February 9, 1960. -44- ublic attic it ups for the right to T, tj7e Stare coyistit'trtton and process) do not ha the igtrt to hold these elective legislative house is the iud,ro vlarshafl, 633 P.2d 227 ember of a municipal se QC the state provisi( public Offices. office of governor: applicable to the ot of lieutenant LIEUTHNIANT GOVERNOR DUTIES There shall be a lieutenant governor, Ile shall have the same goatifi governor and serve for the smite term, He shall perform such duties as may be prescribed by law and as may be delegated to him by the governor. P. 9/15 f ;NR-41-2010 10 :G'i {'r1? Rep, f)henaJ kept esentativeMike C1 February 15, 2010 Page 9 [4, because of the qualifications clause issue, in people from etnpioynent with the stare or its pi offices other than that of governor, representative, there couid be a secondary constitution,at problem in regard to the application of the initiative's provisions to these outer elective public oft.ees. Courts have found that individuals have a "federal constitutional' tight," o ounded in protection provision of the Fourteenth Amendment to he considered for public sery without die burden of invidiously discriminatory disq'ualification," Turner v. Fouche, 396 U.S. 346, 362 0970). The cases suggest that a states exercise of its powers in prescribing the qualifications of its officers may be subject to an examination under the equal protection clause. Generally, the principal factors to he taken into consideration in determining whether a provision violates the equal protection clause are "thc facts and e s behind. the law, the interests which the state claims to be protecting, and who are disadvantaged by the classification." Williams v. kJ tF� 393 U,S. 23 (1968). The right of an iiudivic'ival to hold political office has generally not c;ee "fundamental," Bullock v. C nnor, 405 U S, 134 (1972), nor apparently is the opportunity of an individual to stand as a candidate for that office, Clounh v, Guz_zi, 416 F.Sup 1057, 1066 (D.Mttss. 1976). So, typically, in challenges to constitutional prohibitions against dual office holding or bating other state empioyment during a person's terra of legislative service, absent evidence of invidious discrimination, examination has. proceeded using a "rational basis" analysis. Sec Wilson v. Moore, 346 F.Supp. 635 (N.D.W.Va. 1972) (upholding bar against eligibility in legislature of one holding other lucrative office or employment under the state). Under a rational basis test, the state needs to demonstrate that its legislative classification rationally relates to a legitimate governmental objective, See Cromer v. City of Mobile. 337 Su.2d 742, at 750 (Ala. 1976) (prohibition in a reenactment of legislation establishing an Ethics Corn sa.—: a any member appointed under the original Act from again serving as a member of the commission violative of equal protection where fire court found "no reasonable relationship between this membership prohibition and the purpose of this legislation_.."). Assuming application of a rational ha §is analysis offthe initiative's provisions that would operate in practice to bar individuals from public employment and some public offices, the court will consider both the governmental objective sought to be satisfied and the relationship between that objective and the means sought to achieve the objective. To be valid under the equal protection clause, the application of the initiative to some public employees, public office holders, would -be candidates for these public offices, and pro npcctive employees would have to be reasonable, not arbitrary, and would have to bear a fair and substantial relation to a legitimate governmental objective in preventing corruption and the appearance of corruption. If the initiative's provisions barring certain persons from pahtio office are.. not enforced for the offices of governor, lieutenant governor, state senator, and state representative bemuse of the state constitution's art, 11, sec, 12 and nuali{ cations c!ituses, the initiative (in its d sparateapplication) might not be interpreted by a coup as bearing a fair and substantial relation to the goal of preventing corruption or its appearance. Allowing to person who has violated the initiative's -45- iv e is interpreted to only pron.ibie ive public senator, o r s tate ?,10 /15 APR-01-2010 101016 AM RehChexaviL 48S 2833 )lt*ruocMotivcKt3keCtunault February lJ,2UiO Page 10 provisions to run for governor but not municipal assembly seat may be }interpreted as arbitrary, and the initiative might consequently bear a strong likelihood of being heltl: hyw eourt as no having a reasonable' relationship \w deterring corruption co its appearance. Government. contractors' ability k/ make contributions tuor expenditures onbehalf of a candidate Article 5 of the state constitution and the First Amendment o[ the Constitution vf the United States protect the frco6mnof speech and freedom of association, Contributions to political campaig»a and independent expenditures made on the behalf of u candidate are protected speech under the First Amendment. See Randall r. Sorrell, 54S U.S.238(2VV6), and 8o:k\*vv.l':leo,424U.S.l(l970, Any restriction onUlc ability of persons who contract with riie sraw, its poTiteal suhdivLsions, or school districts to make contributions or expendintres in support of: or in opposition [3 a candidate for public office is likely tu face o First Amendment challenge." The United States Supreme Court has recognized "Mt prevention o[corruption and the appearance of corruption" as a sufficiently important interest to justify restrictions 00 campaign Cuntrib:tiuns, Ste 8ud!)e^ ,.Vu|ou 424\1.S.,l.%6(>976), and the Alaska Supreme Court has held thxc ri hu/xo ou1'nf:diotzic! lobbyist contributions (AS }l!lD74(g)) i; narrowly tailored \u6/rdnrthis compelling interest, and the restraint does not foreclose lobbyists from engaging ivpu!biro speech, see Stare v. Alaska Civil Liberties Union, 97S 597 (Alaska i9A9) denied, 518B.3.1153 (2000), However, itismy opinion |6m restricting all political ouotdhAtionafton}ui� "government' contractors and their immediate family members isnoi narrowly tailored and is further removed from the state's interest in preventing corruption and the appearance afoouop|ivn. The re/\uv4otletiul analysis y whether the prohibitions iu the initiative's sections (2)(U) and (2)(C� that prevent u&uvcrnn:entcuntr*u*vouao6nn�edi�e�rni|yxu�nhmufu ��o*o/x/��x�r�ooznow�|n;u�uabikur�us,no/unexp�n&�tn/�uu behalf o�n government candidate �rpub\*o�6ceu,:cuouin|tm°/iduOheetutoov*n�pd interest corruption and the appearance or rnnuyhun and do not "burden substantially more speech tor associationl than is necessary to further the government's legitimate interests," State v. Alaska Civil Liberties Union, 978y2d5YY`hl9 (Alaska lY99\.quoting California P/oii<e Council v. Scully, 98963uyF, 1282. |ZA6(E.l}.Cal, 1998), quoting Ward v Rock /\gu(nu\ Racism, 49lU.D.7S] surnc restrictions on contributions from these contractors and their irninediatc fiwn1)y rnernhers might he permissible, the initiauve is tot narrowly tailored, hut disailows all contributions and "Holder ufx Q)ven}:u*nt contract' is defined so broudiymu1 any "administrator" or shareholder owning more ihuo live percent o/ux entity that contracts with the government such u contractor under the initiative's section (Z). -46- ~4� ,v P. IiPR 01-2010 10(06 1i11 Rep, C'henau I t Representative Mike Chenauit February 15, 2010 Page It 0 constitutionally "aver a court would intent' impermissible distil h ab in id Right of contractors to employ a current or term° member l Of "holder [5f d ©VerrtrnCP,t COr3 "eTi1eY. 1'nei9eGe ge prohibition not as a "distinction iii degree" trot tin pulley, lley, 424 U ?,S. at 30. The p chibitior kit section (2)(A) against a person that etas toys legislative staff member from contracting with tI visions r Schaal c'.istric #s may be held by a court as a violation of person who desires t c on Tact with the state, tt legislator, or a legislative staf The individual rights afforded by the Alaska Constitution, art, sec. 1, include the right to make certain contracts for personal employment.. See :State v, Enserch Alaska Construction, fnc,, 787 P.2d 524 (Alaska. 1959) (the ri lit to enge c to en ceon endeavor within a particular industry is an "important" right for state etpn protection purposes) and Pvlalahed v. N. Slope Borough, 70 P.30 4t6 (Alaska 2003) (close scrutiny of enactments impairing the important right to engage in economic endeavor requires that the state's interest underlying the enactment he not only legitimate, but important, and that the nexus between the enactment and the important interest it serves be close). in justifying such an infringement on the personal liberty of government contractors, legislators, legislative staff members, fanner legislators and legislative staff members, a person defending the initiatives section (2)(A) would have to demonstrate a compelintg interest in the purposes advanced by the restriction and an absence of less restrictive alternatives in realizing these ends. While the United States Supreme Court has aeknowlecigcd that governments have a legitimate interest in regulating the activities of people who have direct access to elected representatives, see 'McIntyre v. Ohio Elections. Commission, S14 U.S.- 334, 356 n.. 20 (1995) "the activities of lobbyists who have d'ireet access to elected representatives, if undisclosed, may well present the appearance of corruption "statutes attempting to restrict or burden the exercise of First An.endment rights must be narrowly drawn and represent a considered legislative juctgment that u particular mode of expression liras to give way to other eompslling needs of society." i3roadiick v. Oklahoma, 413 U.S. 601, 611 612 (1973) (citations omitted). 11 is my opinion that a coup would most likely rule that a party defending t1a;s provision would not meet its burden of demonstrating that no Less restrictive aiternativ impropriety, undue influence, and conflicts of interest, and that' this restrictt be invalidated. ;9 Under the overbreadtii doctrine, i a statute is so broadly written that it deters frec expression, then it may he struck down on its face because of its chilling effect even ifi it also prohibits acts that may legitimately be forbidden. -47- 46`i 2833 five staff APR —01 -2010 'O %O Al i? p, Chenau lvlike Chenault February 15,20!0 Page 12 Questio applied Would a tnuvor ar 1 expressing a legislation? No Section )(A) of the using any tax revenue or purposes, t Section (L)(C)(3) an (I)" by f, public o appear before a public body to pr an elected or appointed public of {ice to these exceptions, the. initiative, i mayor or municipal assernbiy member legislator in an attempt to influence prospective E niclp fivt, verso ty to a by the electorate, nnight he be prevented under the ate letlssiat V✓itsl I`in ::rsstire of the sense in 'wieei1 y Medicare, social security, or unemploym longer state resources. Sec the definition o facilitate the use of tux revenues or any otter pub partisan purpose" ab initiative section (1)(J )(1). -48- ive from o influence or ind rectly nbbying, or partisan n does neat extend to a specific request to (2) "[ejammunications between legislative staff member," Due ikeiy to be interpreted to prohibit ng a position olthe municipality to a Would aprivate edtizen n>ho r a Perrrauexeaat p'u1 the stare he prevented under the i ntefratrve ¢i sira expregstn legislator in an attempt to influence legislation No. "l he initiative clues not prohibit a resident of the state who receives a Permanent and Dividend (1'7'D) or other state benefit from express n <g -'rle individual's legislator in un attempt to influence prospective legislation fl3e tnittative's of tax revenues or any other public resource" us u d person's PFD or received state benefit' Additionally, the initiative's section "fplublic resources from any source not to be used or received to further any pouts ^fit agenda," applies =i1 to a "public body public official, person in the employ of rise a rate, any of its political subdivisions, any school district, or [a] candidate for public office," and any public official or public employee who acts in an uncompensated pesona1 capacity is excepted from the applictrtion of tills section under the initiative's section (i)(C)( 10 The tietmitions of "[d";irect, permit, receive, require or facilitate the ase of tax revenues or any other public resource for campaign, lobbying, or partisan purpose," "icia'rnpa,gn,' ilobbying," and "[p]ublic u #titer or person in the employ of are found at the initiative's section (1)(D). ploying these, once Prot/ permit, receive, require, or e for campaign, lo: 3 APR-01 2 1 0 Representative Mike Chonau!t February 15, 2010 Page 13 Would the initia constituents and to subsequen behalf? (Ernp asis addocl,j ve No, Leaving e C onstituents ttterna /VC influence proposed legislation or ca 1}ot w eommuntcates with constituents and then suhsetittentiy etat ages in tegi &4ative action as a direct or indirect result of the. legislator's coutaet with tEte co nstituents is unlikely to be found in violation of the initiativels section (1)(A because Grog legislator is not using tax revenues or state resources for "campaign, lobbying, or partisan purposes" but instead, the object of the constituents' lobbying or partisan efforts. Proactive icgisiative actin if it is your opinion that the initiative is likely to he approved by the electorate and you concerned about the possible e, t e%ts or the initiative's provlsYons (as currently ed), art. X!, sec, 4, or the Alaska State Constitution allows the legislature to enact u (before the August 2010 statewide primary election or special erection at which the alive is placed on the election ballot) chat, if "substantially the same measure" as the proposed initiative, will render the initiative void." tinder AS 15,45.210, the lieutenant governor witi general, is responsible for determining whether an the same as a proposed initiative.' The test of legislature and an initiative must be for the legi AS 15.45,210 states: Sit tat biiirp r,J' a legislator to suet w €rtr the 1egislairrr`s engage in iegbdative action on rl State of Ala -49- 465 2833 to the initi states: ram a estlnang to who meets or rerace of the atto Act of the legislature is substantially >imilar a measure enacted by the operate to invalidate. the INITIATIVE ELECTION. An initiative petition may lac <l! c at any time. The lieutenant governor stir €1 prepare u ballot title and proposition sttminariting the proposed law, and shall place therm on the ballot for the first statewide election held more than one hundred twenty days after adjournment of the lel;islutive session following the fling. It, before the election, substantially the. saute measure has been enacted, the petition ie V oid. Determination of void petition, If the lieutenant governor, with the formal concurrence of the attorney general, determines that an act of the legislature that is substantially the seine as the proposed law was enacted after the petition had been tiled, and before the date of. the election, the petition is void and the lieutenant governor shall so notify '++'r4 CUm mitten. 6,14/15 2013 ll nu8 :ill Rep, vnena Representative Mike Chenault Fcbmary 15, 20) 3 Page 14 initiative was court noted: ltav from is T.ABtplm 10- 072,p1m grit n the f constitution osne discretion in lib provY5l {qr( oftli r9crmDtted var• 465 2833 Boucher, 5443 P,2d 731 (Alaska 1975), The Want co farm to t fi "nnlerS intended t ec cling how Far the 1 initiative, The quest before the acnls1at; Upon reflection. we have concluded that the legisi this matter is reassnably broad. The court fashion, 4d t'ie Following as a general test: in all respects, the iegistature si outd lative act should differ of course,is how great ectames no longer e` genera's purpose as by means Or city erastS, It nrticulars, or in the main the legislative act ac the initiative, i{' legislative act accom systems which are fairly comparable, then suhst is not necessary that the two measures correspond in even as w all major Features, if the subject matter is neeessariiy complex or requires comprehensive treatment, The broader the reach of the subject matter, the more latitude must be allowed the legislature to vary from, the particular features of the initiative, -50- e same Id. at 736. lolly reading PC the le m e to it opinion that a Lemslauve bill t1;at dialled to sidestep the pos b [zonal. and practical shone. is likely to be interpreted by a cot qantittily the same" nd is initial ?vo consistent wt legislature's authority to sunsottite its Judinnent and to take correct ve action. hhe s matter of the initiative, contributions mid ovcrtiatcrit 1, 19 complex, and the scope of the initiative's provisions is broad, dingly t discretion legislature could be held to have the requisite authority to exercise sign; in departing from the particular features of initiative U7ANCO. If you would like a bill drafted, if you have further c t €es o ns or 11 1 m ay be or further assistance, please do not hesitate to contact me, P, 15/15 K NAL ALASKA A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID TO FOR PORTABLE RESTROOMS RENTAL AND SOUTH BEACH DUMPSTERS 2010 FOR THE TOTAL AMOUNT UP TO WHEREAS, the following bids were received on July 6th, 2010: BIDDER and, WHEREAS, WHEREAS, the recommendation from the City Administration is to award the bid to ;and, WHEREAS, the Council of the City of Kenai has determined the bid is a responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, sufficient monies are appropriated. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY 0P KENAI, ALASKA, the bid for Portable Restrooms Rental and South Beach Dumpsters 2010 be awarded to for the total amount up to PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this seventh day of July, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: CITY OF KENAI RESOLUTION NO. 2010 -40 -51- BASIC BID TOTAL Suggested by: Administration bid meets the bid specifications; and, PAT PORTER, MAYOR Mc city of K NAL ALASKA Rick, 'Village with a Past Gi with a Future' 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 3014'1111` M K M O N D U M -52- TO: Rick Koch, City Manager FROM: Wayne Ogle, Public Works Director DATE: June 30, 2010 SUBJECT: PORTABLE RESTROOMS RENTAL AND SOUTH BEACH DUMPSTERS 2010; RESOLUTION 2010 -40 The subject bid is for portable restroom rentals on the north and south beach and dumpster services on the south beach during the 2010 dip net season. Sealed bids will be opened at City Hall at 10AM on Tuesday, July 6th for these services. The results of this bid opening will be provided to City Council members in `lay down' documents for consideration at the scheduled City Council meeting on July 7th 1992 thcdfr KENAI, "Villa e with a Past, Ci w 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Winirsatl Telephone: (907)283 -7535, Ext. 236 FAX: (907) 283 -3014 11111► 1997 MEMO 1\DUN TO: Rick Koch, City Manager FROM: Wayne Ogle, Public Works Director DATE: July 7, 2010 SUBJECT: AMENDMENT INFORMATION FOR RESOLUTION 2010 -40 The following amendments are recommended to fill in the blanks of Resolution 2010 -40: Resolution 2010 40 Title: first blank. Insert Peninsula Plumbing, Inc. Second blank. Insert $43,690.00 First WHEREAS, first blank. Insert for Bidder, Peninsula Pumping, Inc.; second blank. Insert for Basic Bid Total, $43,690.00. Second WHEREAS, first blank. Insert Peninsula Pumping, Inc. Third WHEREAS, first blank. Insert Peninsula Pumping, Inc. Fourth WHEREAS, first blank. Insert Peninsula Pumping, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, first blank. Insert Peninsula Pumping Inc. second blank. Insert $43,690.00. Suggested Amendment: I move to amend Resolution 2010 -40 by inserting Peninsula Plumbing, Inc. in the first blank of the resolution title and $43,690.00 in the second blank; inserting Peninsula Plumbing, Inc. in the first blank and $43,690.00 in the second blank of the First Whereas; inserting Peninsula Plumbing, Inc. in the blanks of the Second, Third and Fourth Whereas; by inserting Peninsula Plumbing, Inc. in the first blank of the resolution statement and $43,690.00 in the second blank. the c' KENAI, ALASKA "ViIlaye w a Past, GI witat a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 �III�I 1992 EMO DU_ TO: Rick Koch, City Manager FROM: Wayne Ogle, Public Works Director/Frt! DATE: July 6, 2010 SUBJECT: AWARD OF BID; PORTABLE RESTROOM RENTAL SOUTH BEACH DUMPSTER MEMO IN SUPPORT of RESOLUTION NO. 2010 -40 Rick, The following sealed bid was received at City Hall at 4PM on July 6, 2010 for the subject project: PORTABLE RESTROOMS RENTAL AND SOUTH BEACH DUMPSI'ERS 2010 The purpose of this bid is for the rental and servicing of portable restrooms on the North and South Beaches and dumpsters on the South Beach during the 2010 Dipnet season. Peninsula Pumping, Inc. is the lowest responsible bidder. This company has a solid record of providing cost effective and reliable service to the City. I recommend City Council approve Resolution No. 2010 -40 to award this contract to Peninsula Pumping, Inc. North Beach (Toilets) South Beach (Toilets) South Beach (Dumpsters) Total Rental Price Bidder Peninsula Pumping, Inc. $14,460.00 $14,780.00 $14,450.00 $43,690.00 the c' KENAI, ALASKA "ViIlaye w a Past, GI witat a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 �III�I 1992 EMO DU_ TO: Rick Koch, City Manager FROM: Wayne Ogle, Public Works Director/Frt! DATE: July 6, 2010 SUBJECT: AWARD OF BID; PORTABLE RESTROOM RENTAL SOUTH BEACH DUMPSTER MEMO IN SUPPORT of RESOLUTION NO. 2010 -40 Rick, The following sealed bid was received at City Hall at 4PM on July 6, 2010 for the subject project: PORTABLE RESTROOMS RENTAL AND SOUTH BEACH DUMPSI'ERS 2010 The purpose of this bid is for the rental and servicing of portable restrooms on the North and South Beaches and dumpsters on the South Beach during the 2010 Dipnet season. Peninsula Pumping, Inc. is the lowest responsible bidder. This company has a solid record of providing cost effective and reliable service to the City. I recommend City Council approve Resolution No. 2010 -40 to award this contract to Peninsula Pumping, Inc. 0 T 0 N a) N 0 Q E U R d O R s m co te E O O y d d B 0 0 0 0 ATTEST: Carol L. Freas, City Clerk Approved by Finance: CITY OF KENAI RESOLUTION NO. 2010 -41 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING THE PURCHASE OF TWO POLICE VEHICLES THROUGH STATE OF ALASKA EQUIPMENT FLEET CONTRACT PRICING AT A TOTAL COST OF' $50,838. WHEREAS, the Kenai Police Department needs to purchase two police vehicles (two Ford Crown Victoria's) both with prices exceeding $25,000; and, WHEREAS, Kendall Ford in Wasilla is awarded the State of Alaska equipment fleet contract for the purchase of Police Crown Victoria's; and, WHEREAS, KMC 7.15.050(f) allows the City of Kenai to purchase equipment without giving an opportunity for competitive bidding if the equipment is purchasable under the contract of another governmental agency in which contract the City is authorized to participate; and, WHEREAS, in past years, including FY09 and FY10, the City of Kenai has purchased police vehicles through the State of Alaska equipment fleet contract pricing. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Police Department is authorized to purchase two police Crown Victoria's, (priced at $25,419 each) from Kendall Ford as part of the State of Alaska equipment fleet contract price. PASSED BY THE COUNCIL. OF THE CITY OF KENAI, ALASKA, this day of July 2010. -53- PAT PORTER, MAYOR eke ci of KENA MEMO: 2010 Ford Crown Victoria (Police Interceptor) $23,217 Wiring package $770 Wheels /TPMS S1 432 $25,419 Total "Villaye with a Past, Gc' y with a Future Kenai Police Department 107 S. Willow St., Kenai, Alaska 99611 Telephone: 907 283 7879 FAX: 907 283 -2267 TO: Rick Koch City Manager FROM: Gus Sandahl Police Chief DATE: 6/24/10 SUBJECT: Purchase of Police Vehicles Resolution 2010 -41 Two police cruisers (Ford Crown Victoria's) are budgeted for FY 11. The Crown Victoria's cost S25,419 each. The total cost for two is $50,838. The State of Alaska has awarded the State equipment fleet contract for Crown Victoria's to Kendal] Ford in Wasilla. hl past years, the City of Kenai has purchased police vehicles with State of Alaska fleet pricing, including FY09 and FY10. Per ICMC 7.15.050(1) equipment may be purchased without giving an opportunity for competitive hidding if the equipment is purchasable under the contract of another governmental agency in which contract the City is authorized to participate. I am requesting that the City of Kenai purchase two, 2010 Crown Victoria cruisers under the State of Alaska equipment fleet contract. The Kendall Ford. Pricing, per State of Alaska fleet contract award, is as follows: 1 1101 1952 the f o/ A KENA \ALAS i( CITY OF KENAI RESOLUTION NO. 2010 -42 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECLARING THE 1982 T6 OSHKOSH CRASH /FIRE /RESCUE TRUCK TO BE SURPLUS OR OBSOLETE, AND TO BE SOLD AS PROVIDED IN KENAI MUNICIPAL CODE 7.15.060. WHEREAS, the 1982 T6 Oshkosh Crash /Fire /Rescue Truck is no longer needed by the City of Kenai; and, WHEREAS, Kenai Municipal Code 7.15.060 allows the sale of surplus or obsolete equipment, supplies and materials by auction., competitive sealed bid or an Internet sales process; and, WHEREAS, a competitive sealed bid auction or internet sales process are reasonable and acceptable means of disposal of surplus and obsolete city property; and, WHEREAS, the 1982 T6 Oshkosh Crash /Fire /Truck was purchased with FAA funds (95 and pursuant to the FAA, proceeds from the sale of the truck will be applied to another funded Airport Improvement Project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the 1982 T6 Oshkosh Crash /Fire /Rescue Truck be declared obsolete, and the item be sold as provided in KMC 7.15.060. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of July, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: -55- PAT PORTER, MAYOR Ma Bondurant From: eric.g.helms ©faa.gov Sent: Wednesday, January 21, 2009 8:55 AM To: Mary Bondurant Subject: Re: old arff trucks Mary, The textbook answer is to sell the old ARFF vehicle and reimburse /return the AIP portion of the proceeds (i.e. 95 What we usually see is sale of the ARFF and instead apply the AIP portion of the proceeds to another AIP funded project. If for some reason you do not want to sell the truck (for example the muni wants to give to the fire department for some purpose) then the value of the truck needs to be determined (i.e. blue book) and that value should be reimbursed or applied to one of your other AIP funded projects. The mechanics of applying the valuelsale of the ARFF to another of your AIP grants will look like a deduct on the grant closeout. For reference you can look at the 2006 RSA grant close -out worksheet where the profits from sale of the drawing and specs were deducted. The same is done and the description reads 'Safe of ARFF vehicle purchased by grant 3 -02- 0142 -011- 1991'. G. Eric Helms Project Manager Alaska Region Airports Division AAL -622 907 -271 -5202 "Mary Bondurant <mbondurantaci,kenai.ak.us> 01/21/2009 08:19 AM Kenai Municipal Airport 305 N. Willow, Suite 200 Kenai, AK 99611 (907) 283-7902 (907) 283-3737 fax To Eric G Helms /AALIFAA @FAA cc Subject aid aril trucks Good morning Eric Question: What usually happens with old ARFF trucks how do we dispose of them? Mary L. Bondurant Airport Manager -56- CITY OF KENAI RESOLUTION NO„ 82 -1 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE AWARD OF CONTRACT FOR THE PURCHASE OF A CFR VEHICLE FOR AIRPORT FOR 5249,003. WHEREAS, the Council of the City of Kenai has authorized the purchase of a Crash Fire Rescue (CFR) Vehicle for the Airport, and WHEREAS, bids were received from four firms and opened on Wednesday, October 28, 1981, and were as follows, Critical Specifications Company Bid Price Not Met by Bidder Fire Technical $235,750.00 1. No pressure proportioning Equipment system for foam operations 2. No hydraulic power divider Enorge:.cy One Fire -H Howard Cooper Corporation $266,713.00 1. No power divider $240,938.00 2. Water tank not 304 stainless steel $233,334.00 1. No pressure- proportioning system for foam operations 2. No hydraulic power divider 0249,003.00 All Critical Specifications were met WHEREAS, the three lower bids do not meet critical bid specifications necessary to meet the needs of the City, and WHEREAS, the equipment specifications as offered by Howard Cooper Corporation are in substantial conformance with the bid specifications and will meet the needs of the City, and -57- te «y 41111.115101 CITY OF KENAI RESOLUTION NO. 2010 -43 -58- Suggested by: Administratio A RESOLUTION OF THE CITY OF KENAI, ALASKA, REQUESTING THE KENAI PENINSliLA BOROUGH TO ALLOCATE $2,500,000 OF ITS RECOVERY ZONE FACILITY BOND VOLUME CAP TO THE CITY OF KENAI FOR THE ISSUANCE OF REVENUE BONDS TO FUND THE CONSTRUCTION OF COMMERCIAL HANGARS AT THE CITY'S AIRPORT. WHEREAS, the American Recovery and Reinvestment Act of 2009 added 1400U -1 through 1400U -3 to the Internal Revenue Code authorizing state and local governments to issue up to 15 billion in Recovery Zone Facility Bonds "RZFB and, WHEREAS, the Internal Revenue Service has allocated RZFBs among the states and counties and large municipalities; and, WHEREAS, the Internal Revenue Service by Announcement 50 -2009 has allocated $7,315,000 of RZFB volume cap to the Kenai Peninsula Borough (the "Borough and, WHEREAS, the Internal Revenue Service has determined that counties and large municipalities to which RZFB volume cap has been allocated may allocate such volume cap to ultimate beneficiaries in any reasonable manner as they shall determine in good faith in their discretion; and, WHEREAS, the City of Kenai (the "City was declared an Economic Recovery Zone by Resolution 2010 -06 on February 3, 2010 in connection with issuance or Recovery Zone Economic Development Bonds for expansion of the Kenai. Community Library; and, WHEREAS, the City is requesting the Borough reallocate 52,500,000 of the Borough's RZFB volume cap to the City for the City's conduit revenue bond financing of commercial hangars at the City's Airport (the "Project and, WHEREAS, it appears that the Project would qualify for financing with RZFBs, and allocation of $2,500,000 of the Borough's RZFB volume cap to the City for that purpose would be in the best interest of the City and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: SECTION 1. The City requests the Borough to allocate $2,500,000 of the Borough's RZFB volume cap to the City of Kenai for the City's conduit revenue bond financing of the Project. SECTION 2. The City Manager hereby is authorized, empowered and directed to do all acts and things and to execute all docu.ments as may be necessary to carry out and comply with the provisions of this Resolution. Resolution No. 2010 -43 Page 2 of 2 SECTION 3. This Resolution shall become effective upon adoption. PASSED BY THE COUNCIL OF THE CITY OF' KENAI, ALASKA, this seventh day of July 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: 71 y -59- PAT PORTER, MAYOR the cay �F KENAL ALASKA Rick Koch, City Manager 1 From: Terry Eubank, Finance Director Date: July I, 2010 Re: Recovery Zone Facility Bonds Resolution No 2010 -43 "Village with a Past, Gt./ with a Futw'e" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 ext 221 FAX: 907 283 -3014 As part of the American Recovery and Reinvestment Act (ARRA) the Kenai Peninsula Borough has been allocated the right to issue up to $7,315,000 of Recovery Zone Facility Bonds. The entire State of Alaska was allocated $135,000,000. The allocation areas were determined by the Internal Revenue Service. As a jurisdiction within the Kenai Peninsula Borough, the Borough can allocate all or a portion of its bond allocation to City. Recovery Zone Economic Facility Bonds allow private entities to borrow at tax exempt rates utilizing conduit debt programs through public entities. Tax- exempt borrowing rates are expected to reduce the cost of capital by l.5% to the private entity. The City has been approached by Global Challenger, LLC who has plans to lease property on the City's Airport for construction and leasing of commercial hangar space. Global Challenger, LLC has requested $2,500,000 in conduit financing through the Recovery Zone Facility Bond Program. Issuance of conduit debt by the City will not obligate the City for repayment of the debt at any tine. The City simply acts as the vehicle for a borrower to obtain financing at a reduced cost. Traditionally conduit financing has only been available to not- for profit entities but was expanded under the ARRA legislation to include private entities. Global Challenger, LLC has agreed to reimburse the City for all cost associated with the financing including the cost of the City's bond counsel. -60- t PE EX NOTICE OF INTENT T( USE RECOVERY ZONE F kCILITY BOND VOLUME CAP AIDEA Form if RZF70 TO BE COMPLETED AND DELIVERED ON OR BEFORE 11 :59 P.M. .t'RINIE 29,2010 Pursuant to sec. 6(e), ch. 68 SLA 2010 and Section 70 of the Manual of the Alaska Industrial Development and Export Authority Regarding Recovery Zone Facility Ronda dated June 14, 2010, adopted under 3 AAC 99.907 (the "Manual"), a borough that is an original recipient of Recovery Zone Facility "RZI' bond volume cap or a city within the borough or another eligible issuer that receives RZF bond volume cap from the borough may preserve RZF bond volume cap from involuntary waiver and loss by delivering written notice to the Alaska Ln.dustrial Development and Export Authority "P.IDEA on or before 11:59 p.m., Alaska time, on June 29, 2010, at the address set forth below stating that the borough intends to use the RZF bond volume cap before August 31, 2010. To: AIDEA, Mtn: Executive Director 813 West Northern Lights Boulevard Anchorage, AK 99503 Or by email to: RZFRonds rz,atdea.ou Or by fax to: 907-771 -3044 Recipient (Borough) of Original Allocation: K_NAI PENINSULA, BOROUGH Name of Chief Elected Official: David R. Carey, Mayor Telephone: 907-71e Name of Authorized Representative (if applicable): Fax: 907 -714 -2377 Mailing Address: 144 N. Hinkley Sr. E- 1MPait: mayor @borougn.kenai.ak. us City: Soldocna Statet Alaska Zip Code: )35069 Original allocution of RZF bond volume cap to Borough: S 7,315,000 If the issuer of the RZF bond volume sap is not the original recipient, attach completed AIDEA's Manual Exhibit B (Notice of Waiver of Recovery Zone Facility Bend Volume Cap to a City or Other Eligible Issuer) and proof of delivery of Manua; E;x ^✓.tilt 11 to AIDEA on or before close of buslaess on June 30, 2010, Amount of R2,F bond volume cap to which this Notice applies (the "Noticed RZF Bead Volume Cap 2,500,030 AIDEA requests, but does not require, a copy of issuer's bond resolution authorizing issuance of bonds using the RZF bond volume cep. The uudersigued hereby certifies that (1) he or she is an officer of City of Kenai (the "Issuer authorized to deliver ibis Notice and make these certifications on behalf of the Issuer; (2) the Issuer hs either the Borough identified above that was the original recipient of the Noticed RZF Bond Volume Cap or is the recipient by waiver from that Borough of the Noticed ItZd' Bond Volume Cap; and (3) the Imager intends to Issue bonds using the Noticed RZF Bonds Volume Cap before August 31, 2010. rt Dated: VJ ario 10 ,2010. ISSu°s i F Y This notice is subject to ratification by the City Counsel, which is scheduled to meet July 7, 2010. -61- EXHIBIT D Page 10 of 10 NOTICE OE WAIVER OF RECOVERY ZONE FACILITY OND V• MIME CAP TO A CITY OR OTHER ELIGIBLE ISSUER AMA Fonn p RZPSO TO EIE COMPLETED fAND DEL! FRED TO AFIDEA Q21Q trvR Anil• O BUSffiFSESS ON JUNE 30 2 1 Under federal law, a borough that is an original recipient of Recovery Zone Facility "RZF bond volume cap may voluntarily waive all or part of its RZF bond volume cap to a city within the borough or to another eligible issuer for a project located within the borough on any date before close of business on June 30, 2010. Pursuant to sec. 6(e), ch. 68, SLA. 2010 and Section 50 of the Manual of the Alaska Industrial Development and Export Authority Regarding Recovery Zone Facility Bonds dated June 14, 2010, adopted under 3 AAC 99.907 (the "Manual the information required by this notice must be given to the Alaska Industrial Development and Export Authority "AIDEA To: .AIDEA, Arm: Execmtave Director 8I3 West Northern Lights Boulevard Anchorage, AK 99503 Or by email to: RZFBonds(e)aidea.org Or by fax to: 907-771J044 YOU ARE HEREBY DNOTIFIED that the Kenai. Peninsula Borou•h (the "Borough HEREBY WANED 2,500,000 of its RZF bond volume can to (a) the oily of Kenai (the "City") or (b) (`Eligible issuer for a project to be located within the Borough. In connection with this waiver, the Borough (1) affirms that the RZP bond volume cap is available for this waiver and has not been otherwise used and (ii) acknowledges that the Borough will no longer be able to use the waived RZF bond volume cap from and after the date of receipt of this notice by A1DEA. This notice is subject to ratifi.catica by the borough assembly, 'which is scheduled to meet July 6, 2010. Boroug0 Authorized Representative: David R. Carey k (901 716 -2150 Title of Authorized Representative; Borough Mayor Farr 607) 714 -2377 Malting Address: 144 N. Bi.nkley Street E4blai1: nayor @borough.kenai..ali.us Ott Soldotna, Alf 99669 State: Zip Coder Dated:.` r :ib.�: "'C' 2010. 5�55 9v`f%"' SU ego Q. sit Pr 00 �E Ta OF BOR OII* y w ovao s'l /f /t ?.96e0 EXHIBIT B EXHIBIT B -62- Borough By: Authorized Represe€ wive .a *Authorization is subject to ratification. by the Kenai Peninsula Borough Assembly. If the assembly fails to ratify this action, the Notice o Waiver shall be null end void. Page 8 of 10 State of Alaska City of Kenai Attn: City Clerk 210 Fidalgo Ave Kenai AK. 99611 Enc.: Permit application Department of Public Safety Alcoholic Beverage Control Board SUBJECT: Restaurant Designation Application We are in receipt of the following application(s) for a restaurant designation permit within the City of Kenai, please complete the enclosed application(s) and return to our office. Restaurant Eating Place Pizza Paradisos Lic#3032 Enclosed is a restaurant designation, which allows persons under the age of 19 to enter licensed premises for purpose of non alcoholic related employment or dining. Pursuant to AS 04.16.049 and 15 AAC 104.715 -795, the Alcoholic Beverage Control Board, "with the approval of the governing body having jurisdiction and at the licensees request, shall designate ‘which premises are hotels, restaurant or eating places only for purposes of this subsection." Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, AK 99507 Voice (907) 269 -0350 Fax (907) 272 -9412 -63- Sean Parnell, Governor Josesh AM er Commissione Sincerely, June 21. 2010 /8/ Reeda Jaramillo Reeda Jaramillo Lead Business Registration Examiner Tim ttp 'bating of Una pesnart allows OE:UZI; 2 662 of abo olbal glamexl Imenbea premises foi puipomis of dtifing, 6.1B psTsons unde, .3gt. t 9 Mr •emptoymant :5 errVeyrueof., 616986 stale 7", dean, OCYW ft:e. parson Will be eurpioyed, bo-lBia, AAC 745l TO3O. application Is for tiesubBazion of ltal8 1855 •(7;11&Se mark b)byribtrOWtO dttins) aim l tbe-b Undo' AS 0 16 G I OM) Son; fi plum b 2c Pc 'son6 age 6 to 2(2 OWU thrm neroblamath eft Ito sonb; mideb 6 may Bibt icaor.mani66 by a Bo Soo 21 yezor ur oider p ers c ms between lo mos mbb ernt27oly ;S.-Or bel062). LICENSEE 146B/4f 7 -2 -t c ‘l 2 2 IBDIR1BSS ,........4......._ HO1U8 Of EBBtrailo6: ii a, jbas to 1/ CIG tM T71.mpltici;r26; if ev2B46 2L1 2 2 Have, police eves been called to your pm:loser. oi yOUU Oy Woyone r2Se r01 any EaSOkr i.: leg Y6. 120 if yes, date(a) and mtplatation(s) 3 Wires of earboloymenit --26.6[562 Cu' 4. Are vidito garaim available M the public on your poen:sus? 4 /0 DO yon prOVIAO enterbainment '3 Yea N.? Nct 79 yea, describe. How fa food served? STATE 06 A LA SKA al„ 6.6:0)3 0 Li C BEVERAGE CONTROL, 30260 !JP; LOATION FeiP RESTAURANT 013EJ 0 Bl4TION PERMIT S 16 049 et Is 4 4.0 104 "Y1 ler 4 EL: 550.00 .62 Is the <Boner, maiiabie, 0481885128) manago aiwaye present during busfneas bomb? >4 Yes 6 1 No 626 2\ 672liti AND DETAELEC 1 /C P FbPlM. 34> iC ACCOMPANY 711I5 APFLICA22501 TiMirmirmit remains m ofThcf until the iquor tioens6 is ti ansferred OP. at the %dame:Bon of the Alcoholic Beverage Control Board. (13 420 04.795) certify that have read. AS 04.16.049 AS 04169>60. 13 AA C 104 715-795 and hav6 instructed my employees about provmionb contained therein 4466ocartis signature SlihSCOMOZIOT4SWOrn CO before m Bus 1 C 1.ay of Q. 4:c2aL.L._ q'N, Jk o \s,:) N otary P12, Iti ane TOY A IRSga f/Be Conunisirtztrp•"7 ISLAM 01-:,-tr.:4 1 NOTARY R•U(' Hemeeda JaramMo .0) IV -..4mints.5.ten Table Servicit rx Byffel Ebbvice Cotrnter Service OMB 4pphcation approved (13 240 104.725(e) Governing, Body Official Dim Birctotor, 4130 P,oantl BS 04 16.04934) requires :hal' w (9OCfltai>Qi> 25n1 snd exelwotion by nW. DepartOlOni of Labor MOV bu Brom ilbbi to the licoose4 by the irmloyte who M iudn 19 4 tobrs of tgo Pbasorm 9 and 20 rota of age ana not 1-er:mi466 to him-, 'dm rtonsbint er ommptior, Dotioribb food ib ambieci on back Of co; b, -64- C71 g o e ‘51 e.A I Lou r Et.; Li M6N. -65- A k„eipe_K ?pi I t"Pretk: 0.0()Lert. 4 ITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING JUNE 16, 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 three (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) *A11 items listed with an asterisk (I 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 comments limited to ten (.7 0) minutes per speaker) 1. Janice Chumley, Invasive Plant Coordinator Alaska Invasive Weed Awareness Week and the City of Kenai Opportunity for Invasive Plant Controls. 2. Olivia Pfeifer Bird Hazing Program Update. ITEM C. UNSCHEDULED PUBLIC COMMENTS (Pudic comment limited to three (3) minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to three (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. 2489 -2010 Local Amendments to the 2006 Uniform Plumbing Code, to Delete the Local Requirement That Underground Water Service Pipe Less Than Two Inches in Diameter Must be in Copper. 2. Ordinance No. 2490 -2010 Increasing Estimated Revenues and Appropriations by $4,255 in the Airport Fund for a Donation Received From the Kenai Watershed Forum for the City's Summer Bird Hazing Program at the Kenai Airport. -66- 3. Ordinance No. 2491 -2010 Increasing Estimated Revenues and Appropriations by $1,500,000 in the Library Improvements Capital Project Fund. 4. Ordinance No. 2492 -2010 Reducing Estimated Revenues and Appropriations by $1,500,000 in the General Fund and Library Improvements Capital Project Fund.. 5. Resolution No. 2010 -34- Adopting the City of Kenai Updated Annex to the Kenai Peninsula Borough All- Hazard Mitigation Plan as an Official Plan. 6. Resolution No 2010 -35 Awarding a Contract to Kachemak Electric Co., Inc. for the Project Entitled Kenai Multipurpose Facility Lighting Upgrade -2010 for the Total Amount of $58,587.00. 7. Resolution No. 2010 -36 Authorizing Sharing Cost Savings From the Calendar Year 2009 Health insurance Plan with Employees. 8. Resolution No. 2010 -37 Authorizing the City of Kenai to Issue Revenue Bonds, 2010 (Double Glacier Builders, LLC Project) in. the Principal Amount of Not to Exceed S1,700,000; the Execution and Delivery of a Loan Agreement to Secure the Bonds; Fixing Certain Details of Such Bonds and Authorizing Their Sale. 9. Resolution No. 2010 -38 Rejecting All Bids for the Project Entitled, "Elevated Light Penetrating Walkway Ramps Kenai Dunes 2010." 10. Resolution No. 2010 -39 Awarding a Contract to Harbor Enterprises, Inc., d /bj a Alaska Oil Sales, for Furnishing and Delivering of Diesel Fuel. ITEM E: MINUTES 1. *Regular Meeting of June 2, 2010. 2. *Special Meeting of June 7, 2010. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2494 -2010 Amending the Kenai Municipal Code, Chapter 23.55 Entitled "Personnel," Including 23.55.030 Entitled "Qualification Pay 23.50.010 Entitled, 'Employee Classification and, 23.55 Fiscal Year 2010 Operating Budget Salary Schedule. -67- 4. *Ordinance No. 2495 -2010 Increasing Estimated Revenues and Appropriations by $50,000 in the Water, Sewer and Streets Capital Project Fund for Public Road, Water, and Sewer Improvements. o. Action Item Amendments to Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions. 6. Discussion Amendments to Kenai Municipal Code 1.10.060 Entitled, "Calling Special Meetings." 7. Discussion City of Kenai 401(A) Plan /Amendment ITEM It 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 1: REPORT OF THE MAYOR ITEM J: ADavartu 'STRATTON REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: ADDITIONAL PUBLIC COMMENT (Public comment Limited to 5 minutes per speaker) 1. Citizen Comments 2. Council Comments 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 Actions Building and Maintaining a Sustainable community Within the City of Kenai, and Supporting Networking with Local Governments on the Kenai Peninsula. (Clerk's Note: At the May 19, 2010 -68- meeting, Resolution No. 2009 -68 was substituted and then postponed to July 7, 2010 for consideration and an additional public hearing.) Resolution No. 2010 -23 Opposing "An Initiative Creating an Alaska Anti Corruption Act" Which Will be on the 2010 Alaska Primary Election Ballot. (Clerk's Note: At its April 7, 2010 meeting, Council postponed Resolution No. 2010 -23 to its July 7, 2010 meeting. The motion to adopt is active.) Ordinance No. 2493 -2010 Amending KMC 13.40.040 to Provide for a Speed Limit of Fifteen (15) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai and Making Technical Corrections. (At its June 2, 2010 meeting, Council introduced Ordinance No. 2493 -2010 and subsequently postponed the public hearing to the first meeting in August, 2010 (August 4, 2010).) ITEM M: ADJOURNMENT -69- Hal Smalley, Vice Mayor Robert Molloy MOTION: VOTE: KENAI CITY COUNCIL REGULAR MEETING JUNE 16, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai_ak.us MAYOR PAT PORTER, PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. -70- A -1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A -2. ROLL CALL The City Clerk took roll. Present were: Joe Moore I Ryan Marquis Pat Porter, Mayor Absent were: Council Members Mike Boyle and Barry Eldridge A quorum was present. Student Representative Hannah Coffman: Absent A -3. AGENDA APPROVAL The following changes were requested: MOVE: Itersr D-8, Resolution No. 2010 -37 to be heard prior to D -I. SUBSTITUTE WITH: ITEM H -2, Purchase Orders Exceeding $15,000 Addition of purchase order to INX, Inc. and memorandum of explanation. Council Member Smalley MOVED for approval of the agenda with the requested changes and requested UNANIMOUS CONSENT. Council. Member Marquis SECONDED the motion. KENAI CITY COUNCIL iMEETING JUNE 16, 2010 PAGE 2 There were no objections. SO ORDERED. A -4. CONSENT AGENDA *All items listed with an asterisk are considered to be routine and non controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. MOTION: Council Member Smalley MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM B' SCHEDULED PUBLIC COMMENTS (Public comments limited tote (T 0) minutes per speaker) B -1. Janice Chumley, Invasive Plant Coordinator Alaska Invasive Weed Awareness Week and the City of Kenai Opportunity for Invasive Plant Controls. Chumley distributed some reading material and discussed efforts being made with regard to removal of invasive plants; noted the City had been very proactive and easy to work with; and, she had access to two crews to assist in removing invasive plants at no cost to the City (available July 12 -15 and the fast two weeks of August). A brief discussion took place related to specific hazardous plants and support for using the two crews. 13-2. Olivia Pfeifer Bird Hazing Program Update. Pfeifer introduced Rose, the bird hazing dog and noted she had been chasing sea gulls from the airport property; Rose would be working from 8 -5 p.m. each week day; and, she had contacted the Soldotna Airport and made Rose available there as well. Pfeifer also thanked the City of Kenai for its support of the program. ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker) Robert Ruffner, Executive Director, Kenai Watershed Forum, 251 States Avenue, Soldotna Ruffner thanked all who participated in the Kenai River Festival which -71- KENAI CITY COUNCIL MEETING JUNE 16, 2010 PAGE 3 took place over the weekend, noting it was a great success; referred to Ordinance No. 2495 -2010 (introduced) appropriating funds for improvements to water /sewer and streets project, noting the road construction project would benefit both public works and fish habitat by replacing culverts; reported another project would be replacing the culvert on Fourth Avenue, as well as other water /sewer improvements; and noted, Stimulus funds were used for the projects. Linda Swarner, Executive Director, Kenai Peninsula Food Bank, 33955 Community Drive, Soldotna Thanked the City for its support of the soup suppers and the building project, through its donation to the project. Also noted community entities which benefit residents of the City through their use of the Food Bank, including the Kenai Senior Center, Kenai United Methodist Church Food Pantry, and Salvation Army. ITEM D: MOTION: PUBLIC HEARINGS (Testimony limited to three (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.) D -8. Resolution No. 2010 -37 Authorizing the City of Kenai to Issue Revenue Bonds, 2010 (Double Glacier Builders, LLC Project) in the Principal Amount of Not to Exceed S1,700,000; the Execution and Delivery of a Loan Agreement to Secure the Bonds; Fixing Certain Details of Such Bonds and Authorizing Their Sale. Council, Member Molloy MOVED to ad.opt Resolution No. 2010 -37 and Council. Member Smalley SECONDED the motion. The floor was opened for public hearing. Mark Pfeffer, Principle, Double Glacier Builders, LLC, 425 G Street, #210, Anchorage Pfeffer explained the bonds were part of the Recovery Act bond program; the bonds were available to allow private sector businesses to acquire bond rates funded by a bank; Alaska Communications Systems (ACS) hired his company to brand a new image for retail stores and wanted to be located in front of the new Kenai Walmart; a new ACS store would be built on the corner lot and the rest of the site would be available to build out from other companies. Torn Klinkner, Birch, Horton Bittner Cherot, 1127 West Seventh Avenue, Anchorage Klinkner summarized the process, noting the project was being funded through Recovery Zone bonds, which were designed to finance private sector projects instead of government projects; they were revenue bonds and not subject to voter approval; First National Bank of Anchorage would he the lender for the project; after delivery of the bonds to the bank, the City's involvement would be extremely minimal; if the borrower did not make the payments, the bank would only be able to look to the -72- KENAI CITY COUNCIL MEETING JUNE 16, 2010 PAGE 4 borrower and would not come back to the City; and, $300,000 of the $2 million allocated from the Borough would not be used. It was noted, the Borough resolution allocating the funds was unanimously passed by the Borough Assembly. VOTE: Council Member Smalley requested UNANIMOUS CONSENT There were no objections. SO ORDERED. D -1. MOTION: Ordinance No. 2489 -2010 Local Amendments to the 2006 Uniform Plumbing Code, to Delete the Local Requirement That underground Water Service Pipe Less Than Two Inches in Diameter Must be in Copper. Council Member Smalley MOVED for adoption. of Ordinance No. 2489 -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. An explanation of the amendments was given by City Manager Koch. VOTE: *Student Representative Coffman: Absent Smalley Yes Moore j Yes Marquis I Yes Molloy 1 Yes Porter J Yes MOTION PASSED UNANIMOUSLY. D -2. MOTION: Eldridge I Absent Boyle Absent Ordinance No. 2490 -2010 Increasing Estimated Revenues and Appropriations by $4,255 in the Airport Fund for a Donation Received From the Kenai Watershed Forum for the City's Summer Bird Hazing Program at the Kenai Airport. Council Member Moore MOVED for adoption of Ordinance No. 2490 -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. There were no Council comments. -73- Smalley I Yes Moore Yes Yes Eldridge Boyle Absent Absent 1 Marquis !Yes Molloy I Porter I Yes Smalley I Yes Moore I Yes Eldridge B oyle Absent Absent 1 Marquis Yes Molloy Yes Porter j Yes KENAI CITY COUNCIL MEETING JUNE 16, 2010 PAGE 5 VOTE: *Student Representative Coffman: Absent MOTION PASSED UNANIMOUSLY. D -3. Ordinance No. 2491 -2010 Increasing Estimated Revenues and Appropriations by $1,500,000 in the Library Improvements Capital Project Fund. MOTION: Council Member Marquis MOVED for adoption of Ordinance No. 2491 -2010 and Council Member Molloy SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. MOTION TO AMEND: Council Member Smalley MOVED to amend Ordinance No. 2491 -2010, second whereas, by inserting "June 3, 2010" in the blank, Council Member Marquis SECONDED th motion. VOTE ON MOTION TO AMEND: 'Student Representative Coffman: Absent Smalley Yes Marquis Yes Porter Yes ooze Molloy MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: `Student Representative Coffman: Absent 1 Yes Eldridge Absent Yes Boyle Absent -74- Smalley Yes Moore l Yes 1 Yes Eldridge Boyle Absent Absent Marquis Yes Molloy Porter 1 Yes Porter Yes Smalley Yes Moore Yes Eldridge Absent Marquis Yes Molloy Yes Boyle Absent i Porter Yes 1 KENAI CITY COUNCIL MEETING JUNE 16, 2010 PAGE 6 MOTION PASSED UNANIMOUSLY. 13-4. Ordinance No. 2492-2010 Reducing Estimated Revenues and Appropriations by $1,500,000 in the General Fund and Library Improvements Capital Project Fund. MOTION: Council Member Marquis MOVED for adoption of Ordinance No. 2492 -2010 and Council Member Molloy SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. MOTION TO AMEND: Council Member Smalley MOVED to amend Ordinance No. 2492 -2010, second whereas, by inserting "June 3, 2010" in the blank. Council Member Marquis SECONDED the motion. VOTE ON MOTION TO AMEND: "Student Representative Coffman: Absent MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: *Student Representative Coffman. Absent MOTION PASSED UNANIMOUSLY. 13-5. MOTION: Resolution No. 2010 -34- Adopting the City of Kenai. Updated Annex to the Kenai Peninsula Borough All Hazard Mitigation Plan as an Official Plan. -75- KENAI CITY COUNCIL MEETING JUNE 16, 2010 PAGE 7 Council Member Smalley MOVED for adoption of Resolution No. 2010 -34 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: There were no objections. SO ORDERED. D -6. Resolution No. 2010 -35 Awarding a Contract to Kachemak Electric Co., Inc. for the Project Entitled Kenai Multipurpose Facility Lighting Upgrade-2010 for the Total Amount of $58,587.00. MOTION: Council Member Moore MOVED for approval of Resolution No. 2010 -35 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: There were no objections. SO ORDERED. MOTION: Resolution. No. 2010 -36 A be Cost Savings From the Calendar Year 2009 Health Insurance Plan with Employees. Council Member Molloy MOVED for adoption of Resolution No, 2010 -36 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: There were no objections. SO ORDERED. D -8. Resolution No. 2010 -37 Authorizing the City of Kenai to Issue Revenue Bonds, 2010 (Double Glacier Builders, LLC Project) in the Principal Amount of Not to Exceed. $1,700,000; the Execution and -76- KENAI CITY COUNCIL MEETING JUNE 16, 2010 PAGE 8 Heard prior to D -1. D -9. Resolution No. 2010 -38 Rejecting All Bids for the Project Entitled, "Elevated Light Penetrating Walkway Ramps Kenai Dunes- 2010." MOTION: Council Member Smalley MOVED for adoption of Resolution No. 2010 -38 and requested UNANIMOUS CONSENT. 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. An explanation of the need for the rejection of the bid was provided by Koch, noting there had been other interest shown, but only one timely bid submitted, Administration would speak with local vendors that had expressed interest to learn why they chose not to submit a bid and after that, Administration would decide whether to change the design, investigate availability of other funding or rebid the project. VOTE: There were no objections. SO ORDERED. D -10. Resolution No. 2010 -39 Awarding a Contract to Harbor Enterprises, Inc., d /b /a Alaska Oil Sales, for Furnishing and Delivering of Diesel Fuel. MOTION: Delivery of a Loan Agreement to Secure the Bonds; Fixing Certain Details of Such Bonds and Authorizing Their Sale. Council Member Smalley MOVED for adoption of Resolution No. 2010 -39 and requested UNANIMOUS CONSENT. 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. There were no Council comments. VOTE: There were no objections. SO ORDERED. ITEM E: MINUTES E -1. *Regular Meeting of June 2, 2010 Approved by consent agenda. E -2. *Special Meeting of June 7, 2010 Approved by consent agenda. _77_ KENAI CITY COUNCIL MEETING JUNE 16, 2010 PAGE 9 ITEM F: UNFINISHED BUSINESS None. ITEM G: NEW BUSINESS G -1. Ratification of Bills MOTION: Council. Member Smalley MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. There were no public or Council comments. VOTE: There were no objections. SO ORDERED. 0-2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Smalley MOVED to approve the substitute list of purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. There were no public or Council comments, VOTE: There were no objections. SO ORDERED. BREAK TAKEN: 7:47 P.M. BACK TO ORDER: 7:54 P.M. G -3. *Ordinance No. 2494 -2010 Amending the Kenai Municipal Code, Chapter 23.55 Entitled "Personnel," Including 23.55.030 Entitled "Qualification Pay"; 23.50.010 Entitled, "Employee Classification"; and, 23.55 Fiscal Year 2010 Operating Budget Salary Schedule. Introduced by approval of the consent agenda. 0-4. *Ordinance No. 2495 -2010 Increasing Estimated Revenues and Appropriations by $50,000 in the Water, Sewer and Streets Capital Project Fund for Public Road, Water, and Sewer Improvements. -78- Smalley Yes Moore Yes I Eldridge Absent Marquis Yes Molloy Yes Boyle Absent Porter Yes KENAI CITY COUNCIL MEETING JUNE 16, 2010 PAGE 10 Introduced by approval of the consent agenda. G -5. Action Item Amendments to Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions. City Clerk Freas reviewed her memorandum included in the packet and noted the amendments being made were a reflection of commission /committee requests to change meeting schedules, meeting time, etc. MOTION: Council Member Molloy MOVED to approve the amendments to the Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions. Council Member Marquis SECONDED the motion. VOTE: *Student Representative Coffman: Absent MOTION PASSED UNANIMOUSLY. G -6. Discussion Amendments to Kenai Municipal Code 1.10.060 Entitled, "Calling Special Meetings." A brief discussion took place related to suggested amendments to KIM 1.10.060 in order to keep up with technology. Suggested amendments included: Flexibility with notification of a special meeting, i.e. oral, email, etc. Follow -up with Affidavit of Clerk as back up to the meeting file. Whether the current 48 -hour notice should be amended to 24 -hour notice. Add more specificity as to how to provide notice to the public. Whether the amount of council members currently required to call a special meeting should be amended to two. Amendments to various areas of the Chapter 1.10. The City Attorney and City Clerk were requested to prepare an ordinance and return it for Council consideration. G -7. Discussion City of Kenai 401(A) Plan /Amendment Koch referred to information included in the packet and noted, unless he received direction from Council otherwise, he would amend the 401(A) plan to allow employees -.79- KENAI CITY COUNCIL MEETING JUNE 16, 2010 PAGE 11 to borrow from their account after one year of employment with the City. He also noted, previous process for making minor changes were made either under the signature of the city manager or finance director. Council stated no objections. ITEM H: COMMISSION /COMMITTEE REPORTS II -1. Council on Aging Senior Director Craig reviewed discussions held during the June 10, 2010 meeting. H -2. Airport Commission Council Member Moore reviewed the June 10, 2010 meeting summary which was included in the packet, and noted discussions held, including changes to the apron, goals and objectives, supplemental environmental assessment, and the Air Fair. H -3. Harbor Commission No quorum. H -4. Library Commission No report. Due to there being no quorum for the Library Commission meeting, Mayor Porter requested Administration contact members prior to ascertain whether a quorum will be available for meetings. Clerk Freas noted, for this meeting, it was found there would be no quorum after the meeting agenda and packet had been prepared and meeting posted. Koch stated he would address the matter. H -5, Parks Recreation. Commission Parks Director Frates reported the next meeting was scheduled for August, although there would probably be another work session held with regard to the development of the Park on Marathon Road. H -6. Planning Zoning Commission Council Member Molloy reviewed the June 9, 2010 meeting minutes which were included in the packet. H -7. H -7a. Miscellaneous Commissions and Committees Beautification Committee No report. H -7b. Alaska Municipal League Report No report. H -7c. Mini -Grant Steering Committee No report H -7d. Kenai Convention Visitors Bureau No report. H -7e. Reports of KPB Assembly, Legislators and Councils Assembly Member Smalley reviewed actions taken at the June 8, 2010 meeting, including the setting of the mill levy at 4.5 mills. -80- KENAI CITY COUNCIL MEETING JUNE 16, 2010 PAGE 12 ITEM P REPORT OF THE MAYOR Mayor Porter reported she had attended and participated in the opening ceremonies of the Relay for Life; an Eagle Scout Award ceremony; and, the Kenai River Festival. She noted she spoke with a representative from the carnival who were very complimentary of Parks Director Prates and the Parks Department. ITEM J: ADMINISTRATION REPORTS J-1. City Manager City Manager Koch reported the following: An employee picnic was scheduled for Thursday at 5:30 p.m. Appreciated the placement of the 'welcome home' banner at the airport for the military. Strong interest from an individual for one of the four new airport lease lots. Air Fair was very successful. Ice would be put in early at the multipurpose facility and used in August and September for practice by the Brown Bear hockey team. The facility would also be available for public skates. Administration was developing a procedure for use of credit cards. The Kenai Rotary Club was interested in developing a component of of the park at Marathon Road. An agreement to that regard would be brought before Council for consideration. The Club would do all the improvements in the specific area, except for removal of an old concrete pad and fence. The City would provide designs for shelters, etc. for the Club's use. J -2. Attorney City Attorney Stearns reported the following: She had a great vacation. She received several judgments from lawsuits the City fried, i.e. an airport Lessee and water /sewer bill debt. She would be moving forward to collect on them. She filed lawsuits on the Soares and Rodes zoning issues. She was working on several issues, i.e. burned buildings (would need to go before the Planning Zoning Cornmission before coming to Council) and calling special meetings. J -3. City Clerk No report. ITEM K: ADDITIONAL PUBLIC COMMENT (Public comment limited to 5 mi nutes per speaker) K-1. Citizen Comments Carol Bannock, Executive Director, Kenai Chamber of Commerce Thanked the Mayor for planting the rock garden at the Chamber, the Parks Recreation crew for removing the bee nests around the cabin, and Council for being a sponsor of the Fourth of July celebration. Bannock also distributed posters for the Fourth of July event. -81- KENAI CITY COUNCIL MEETING JUNE 16, 2010 PAGE 13 K -2. Council Comments Smalley Welcomed Stearns back. Requested the Clerk distribute copies of the City Attorney evaluation forms to Council. Thanked the Parks Recreation Department and crews as the City looked really good. Moore Thanked Administration and the speakers with regard to the revenue bond discussion. Because the elevated walkways bid had been rejected, as what would be done to protect the dunes. It was noted there was fencing protecting them currently; it would not look arty different than currently; and, there were specific pathway areas. Marquis He attended the Air Fair with his family and enjoyed it very much. He participated and volunteered at the Kenai River Festival which had been very well attended. Mayor Porter, Carol Bannock and he discussed the 50th anniversary and. Fourth of July event on "Sound Off." Molloy Thanked the Watershed Forum for its donation for the bird hazing project and the Fourth Avenue culvert. Thanked Bannock for the Fourth of July posters. Porter Reported she would be inviting past council members to take part in the Fourth of July /50th Anniversary event; she ordered a large cake for the occasion which would be served volunteers; and, 1 b would i t by �v uu �,i,i a large banner would ue developed which ti7o u.i.d include old pictures, newspaper articles, etc. related to the incorporation of the City and improvements and events that took place since the incorporation. 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 Actions Building and Maintaining a Sustainable community Within the City of Kenai, and Supporting Networking with Local Governments on the Kenai Peninsula. (Clerk's Note: At the May 19, 2010 meeting, Resolution No. 2009 -68 was substituted and then postponed to July 7, 2010 for consideration and an additional public hearing.) Resolution No. 2010 -23 Opposing "An initiative Creating an Alaska Anti Corruption Act" Which Will be on the 2010 Alaska Primary Election Ballot. (Clerk's Note: At its April 7, 2010 meeting, Council postponed Resolution No. 2010 -23 to its July 7, 20I0 meeting. The motion to adopt is active.) -82- KENAI CITY COUNCIL MEETING JUNE 16, 2010 PAGE 14 Ordinance No. 2493 -2010 Amending KMC 13.40.040 to Provide for a Speed Limit of Fifteen (15) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai and Making Technical Corrections. (At its June 2, 2010 meeting, Council introduced Ordinance No. 2493 -2010 and subsequently postponed the public hearing to the first meeting in August, 2010 (August 4, 2010).) ITEM M: ADJOURNMENT There being no further business to come before the Council, the meeting wa adjourned at approximately 8:34 p.m. Minutes submitted by: Carol L. Freas, City Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast prior to the official Council vote and shall not affect the outcome of a vote. Advisory notes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. -83- Z 0 0 U LL 0 U 0 w Lid Z z 2 0 N 2 4 Z 0 o CL: vi 0 w Z O w CO I w v Z a C ti r r Co r N V 0) ID (0 eY N 03 CO V) 3 O 0 0 c K Q Q co a -84- J Q 0 o. D. Q J U z 0 0 O Lu J z v_ x O O 0 o w Lic v s r O O W Z z W W w 0 H z z w m O u- o 0 O z d 0_ -J 0 0 0 z_ 0 0 m 0 -85- MEMO: TO: City Council il lIil(age with a Past, Ci y with a Future 210 Fidelgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 -283 -3014 FROM: Rick Koch DATE: July 1, 2010 SUBJECT: Purchase Order over $15,000 -Wind Power Electricity Generation Feasibility Study Included under P.O.'s is an item for RSA Engineering, Inc. (RSA), for the above referenced feasibility study. Attached is their proposal. RSA has previously provided mechanical /electrical consulting services to the City for the replacement of the heating system in the Kenai Visitor's Center. RSA is presently providing services related to wind power electricity generation in a number of rural communities in Alaska as well as for facilities in Antarctica. L you have any teas.. If ytiu have 'y' y`lic StivnS please contact me at your convenience, -86- ANCHORAGE WASlLLA Engineering, Inc. City of Kenai 210 FideIgo Ave. Kenai, AK 99611 June 22, 2010 ATTENTION: Rick Koch, City Manager Dear Rick, Designing in Alaska, for Over 20 Years Nechenicel Electrical Engineers REFERENCE: City of Kenai Wind Power Electricity Generation Feasibility Study Fee Proposal RSA Engineering is pleased to offer a fee proposal for mechanical and electrical engineering services for the referenced project. Our understanding of the scope of work is to provide the City of Kenai with a feasibility study for City owned wind power generation. The report will include information on the following items: RSA wilt provide a loads study of the City of Kenai facilities that will be served by the wind power system(s). Information on projected loads will be gathered to determine a recommended sizing for the wind generation equipment. RSA will research existing wind data in the Kenai area, RSA will visit up to 4 sites with City of Kenai personnel to determine the feasibility of location wing turbines in the locations. The site visit will identify existing obstructions such as hills, trees, buildings, etc. to determine preferable tower heights in the area. RSA will provide comment on the pros and cons of wind turbine installation at each of the proposed locations. If existing wind data is insufficient, RSA will provide options for a wind data gathering program. RSA will investigate grid connection requirements for Homer Electric Association and include any utility interconnection costs. RSA will also investig ate RSA will provide preliminary life cycle cost analysis including: o Construction cost estimates. o Maintenance cost estimates. o Energy usage estimates. o Utility buy -back estimates. RSA proposes to provide these services for a lump sum fee of seventeen thousand seven hundred dollars ($17,700.00). 2522 Arctic Boulevard, Suite 200 Anchorage, AK 99503 -2516 p907.275.0521 f 907.276.1751 191 E. Swanson Avenue, Suite 101 Wasllla, AK 99854 p907.367.1621 (907.357.1751 wvrw.rsa- ak.com -87- June 22, 2010 Page 2 Please review and advise if this proposal is acceptable by signing below and returning a copy to our office as our notice to proceed. We look forward to working with you on this project. teh /hhm 10- 0530/P10 -219 Accepted for City of Kenai Sincerely, Timothy E. Hal,, P.E. Vice President -88- Suggested by: Planning Zoning Commission CITY OF KENAI ORDINANCE NO. 2496 -2010 AN ORDINANCE OF THE COUNCIL OF' THE CITY OF KENAI, ALASKA, ADOPTING UPDATED OWNERSHIP, ZONING, AND LAND USE MAPS FOR THE COMPREHENSIVE PLAN FOR THE CITY OF KENAI. WHEREAS, Kenai Peninsula Borough Ordinance 90 -31 delegated authority to the C of Kenai to make land use amendments to the Comprehensive Plan; and, WHEREAS, the City of Kenai Comprehensive Plan was adopted in 2003; and, WHEREAS, since the adoption of the City of Kenai Comprehensive Plan numerous amendments to the Official Zoning Map have occurred; and, WHEREAS, when amendments to the Official Zoning Map are made, an update to the ownership, zoning, and land use plan maps within the Comprehensive Plan should also periodically be made to provide more current information in the Plan; and, WHEREAS, the last update to the zoning and land use plan maps within the Comprehensive Plan occurred in June, 2008, and the last update to the land ownership map within the Comprehensive Plan occurred in 2003; and, WHEREAS, the City of Kenai Planning Zoning Commission held a public hearing on June 9, 2010, and unanimously recommended the City Council adopt updated ownership, zoning, and land use plan maps to show current land ownership as well as zoning and land uses within the City of Kenai. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form. This is a non -code ordinance. Section 2. Replacement of Maps Within the Comprehensive Plan: The ownership, zoning, and land use maps of the City of Kenai Comprehensive Plan, Maps 5, 6, 10, and 11, are replaced, respectively, with the updated maps as shown on Attachment A, Attachment B, Attachment C, and Attachment D to this Ordinance. Section 3. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. New T Underlined; [DELETED TEXT BRACKETED] -89- Ordinance No. 2496 -2010 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of July, 2010. ATT EST: Carol L. Freas, City Clerk -90- PAT PORTER, MAYOR ext Unde ^lined; [DELETED TEXT BRACKETED] Introduced: July 7, 2010 Adopted: July 21, 2010 Effective: August 21, 2010 -91 -92- v ii SO soar r airsloil itsatinsissfit -93- LIMN gas E MAI ma 1 BM n unto: 2 A te; a -f ism .Ilea OM Essin_siggi II;W i li EMI n n .�i -94-- n CITY OF K1R,N?Aal ini,_ NiNIN'G AND ZONING CO1Wit iS,SSYL;N RESOLUTION NO, PZE04I3 A RESOLUTION ION DE THE KEN P A iT PNG AND ZONING LING COMMISSION RECOMME .DThiG rG ""NA I cm{ CO` )E it, ADOPT UPDATED t) WN s,P SHIP, ZONING AND LAND USE MAPS FOR THE COMPREHENSIVE "rte A1. FOR THE CITY OF Kl?P^IA1, WHEREAS, REAS, he Kenai Peninsda Borough Ordinance 90 -31 delegated Kenai to make Land. Use Amendments to the Comprehensive Plan and, WHEREAS, Kenai. Municipal Code requires the Commission to review the Comprehensiv on an annual basis; and, WHEREAS, The City of Kenai Losr_prehensive Plan was adopted i„ 2003; and, City cf WHERE1-` S, Arnendmeants to the Official Zoning Map require updates to the Zoning and and Use Plan maps within the Comprehensive f'ian.; and, WHEREAS, EAS, the last update to the Zoning and Land Use Plan maps in the Comprehensive PIan occurred in June of 2008; and, WHEREAS, Amendments to the Official Zoning .Map have occurred since June 2008 requiring t t 7 Use Pi 5 the 't.., ;:T update :a. 6_li9Yg asxaZ� Land aSE Plan maps within itt Compreh WHEREAS, since 2003 the Land Ownership map with 3,n the Comprehensive Play h updated; and, Dated at Kenai, Alaska tnss.9 day of une, 2010. Chairman: ATTEST: -95- not been WHEREAS, the Land Ownership map within the Comprehensive Plan shouid be updated to show current land ownership in the City of Kenai NOW, THEREFORE, sRE, 3E IT RESOLVED, that the Planning and Zoning t ommissio recommends that the Kenai City Council update the City of Kenai Comprehensive Plan with adoption of the updated. City of Kenai Land Ownership, Zoning, and Land Use Plan. Maps as shown on Attachment A, Attachment 3, Attachment C and Attachment D. -96- -97- E c Itf tioa I an -98- Q 5. –77 .03% 407a76.6,76.77 777777=76777=7 7 6 T 77 1 101 1 1 NM Mal la M lei monit NHS mom raillint Olin* Mint usa s ta ir M 4 7 ,6 1 611111 i lej fri r: =OM 11111 im =HMS Sam! MIS Z.' UNSER too sooallwoosmar coo— vol, The011ina MUMS mil MSS OEM amiti= MEI aunnt a itia= anon ipunbrisitart MIS 11:11,74, aSOMP amen -99- MEMO: TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration DATE: June 30, 2010 SUBJECT: Ordinance No. 2496 -2010 Attachments "Village witA a Past, Ct with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907 283 -3014 Under KMC 14.05.010(a)(3), the Planning Zoning Commission is required to "Review the City of Kenai Comprehensive Plan on an annual basis and conduct a minimum of one (1) public hearing. Said recommendations shall be forwarded to Council for consideration." The Commission held a work session on April 24 and reviewed the status of implementation measures from the Ran. They also reviewed zoning maps and land use maps updated as result of rezones since the last update in 2008. The Commission held a public hearing on June 9, 2010, and voted unanimously to recommend Council adopt updated zoning, and use, and ownership maps for the Comprehensive Plan. For Council's review and information attached is the list of zoning changes that are reflected in the updated maps and a table of the implementation measures and status as reviewed by the Commission at the work session held on April 24, 2010. 1992 0 cO 0 an zaC CO co co CS co 0 0 00 co ED oc 1 0 1 a a 0 CC a 19 o N may.. No Action, Central Mixed Use Zone (Chilli) I) Ongoing I1 No Action. No Action No Action I No Action has been taken. Administration has recommended against overlay zones. Several concepts were developed and are included in the 2007 Airport Supplemental Plan. No action has been taken to proceed with development of this area. Ongoing. 'Ld OVW ad c C' o d Targets area defined for city center development planning 9 Promotes intensive mix of private and public activities, discourages inappropriate uses in city center a More attractive city center Safer vehicular and pedestrian circulation in City center, more efficient use of parking 9 Strengthens mix of compatible uses in city center intensifies public activities in city center Promotes year -round use of public buildings Protects scenic views of Kenai River, Cook Inlet, and Chigrnit Mta L a- Defines City's vision for the property and strategy for development v!at, year rounu, clean airu Sons tAty eeivai E 4 F More attractive environment for city center n.J nn IMPLEMENTATION City Centeribililiennium Square Revise zoning code to create city center "overlay zone" I(t Revise zoning code to create mixed use zone in city center Update beautification plan for city center Develop circulation and parking plan for city center Focus senior housing and related facilities and multi- family residences in and near city center Locate civic functions and popular cultural, recreational, and entertainment activities in city center Adopt "overlay zone" development standards Prepare Millennium Square Development Plan Continue planning and pursue funds for bluff stabilization Encourage establishment of a city center Business Improvement District (BID) Provide public amenities in city center Provide incentives such as tax abaternent to foster private re- investment in city center -102- ors Div s O Q E. 2 co E. C. co Reviewed in 2006. Decision not to update at the time but to reconsider in the future_ ZRd 1 rvnne1 mmui oyudic Si Partner with native groups to insure that development plans respect the historical 1 Incentives for redevelopment of this important city asset Facilitates private investment consistent with TSti District standards I C3 ac IRI CE I4NTATION'NI city Center/Millennium Square To 0 ƒ ƒ o Review and ppdato f ownsite Historic District design standards -103- -104- Cr) Pending Limited Commercial Zone /Updated KMC 1425 Updated KMC 1425 Pending IIIIII Central Commercial Limited Commercial, and Central Mixed Use Zones CC!LC/CMI) I 6uio6uc 1 ,IdB Aava 01 r0 Q a Planning Dept. Building Dept. Planning Dept. I _J Building Dept.... 1 Inclusion of standards to reserve open space and parklands in new subdivisions. 9 Promotes infill of existing lots already served by city services. A Retention of natural vegetation in new subdivisions. 9 Encourages creative subdivision designs. A Provides for opportunity to add flexible zoning standards such as overlay zoning and mixed use zoning. B Promotes the siting and design of land uses that are in harmony and scale with surrounding uses B Minimizes impact on established neighbor- hoods from incompatible, non residential uses Provides incentives to promote creative neighborhood design B Allows for residences near commercial amenities and services Encourages residential variety and options I A Provides for adequate affordable housing P Ensures an adequate supply of and is available for future residential uses A31104 O IMPLEMENTA?TDt4MEASURE RESIDENTIAL MEIGHBORHOODS Subdivision and Zoning Code Revisions A Review and update existing site design standards, landscaping and open space requirements B Review and update zoning distrid standards and procedures Revise landscaping standards and require larger setbacks between incompatible uses (14.05, 14.25, 14.20, 14.24) Zoning Code, Land Use Table and Development Requirements Table P include standards for various housing types and densities B Revise code to allow residential uses in the commercial areas Monitor types of residential development and rate of growth A Support federal and state programs tor affordable housing L_ -104- Cr) -105- tn: I A o 0 R 0 3/ oN Collaboration Urith Kenai Watershed. Forum on viewing platform. Created one -way access tor dock area and additional parking 1 for dip net fishery, Ongoing. $2MiIlion Dollar Bond Approved d i by voters. I Ongoing. As areas are identi fied, boardwalks are being placed and fencing to discourage access to sensitive areas. Updated KMC 13.30.080 to protect areas from vehicle traffic. Graft prepared. Ongoing signage placed as needed. KMC 13 2 0.040 Trespass Ordinance Beautification C0mrnittee oversees city gardens and adopts gardens. 8u,pued ZEE! _I Administration shioM alignd Planning Dept, Public Works Planning Dept. Public Works uopcajoay a sped syrohl atPnd ZXd A Clearer description of the Intent of the zone and when and where the zone shall be applied. A Creation of high profile resident and visitor amenity with access and recreational improvements A Preserves valuable public open space and scenic views. j A Supports Millennium Square development opportunities. Promotes public safety and minimizes the loss of lives and property. Retains hazard areas in their natural state. 9 Creates opportunity for creative, innovative design of properties. Promotes use of public open space and trail systenii. 9 Promotes public safety and discourages use of unsafe access. Minimizes trespass issues across private property. Supplements public efforts to provide and maintain recreational areas. B Creates a sense of pride in and "ownership" for local parks and streams. Coordinate program with other agencies. B Promotes incorporation of natural features into subdivision design. A Where appropriate, wetlands and drainage ways for natural funcfions and as open space can be acquired and /or protected. J I. la ZN EN Natural Setting revise definition and application of the existing conservation zone district Re -open discussions with State on terms for joint establishment of Kenai River Gateway natural area continue pursuing funds for bluff stabilization efforts. loetrnry ano nma development in designated natural hazard areas Develop map of public traits and open space Post points of safe public access Establish private volunteer programs like "develop-a-park","adopt-a- park", and "adopt -a- stream" subdivision standards revised to include provisions for open space in subdivision design or by acquisition -106- -107- Updated with 2003 Plan. Airport %U he updating the master plan which will include a new noise study. No action has been taken on this recommendation. Administration recommends against notification unless mandated by cede. No action taken. Administration recommends against overlay zoning and instead to rezone airport properties to zoning appropriate for airport use. Rezones are being processed as land is subdivided. Ongoing See above. ALP (Airport Layout Plan) updated ated a, d approved May '09. 2007 Airport Supplemental Plan. The master plan will be updated in 2010. I 3ui Being reviewed Ordinance will he revised p I f Airport Yeas an AfP (Atrpnrt Imprnvpmen? Plan) for airport properties__ 1 Airport, P &Z �t Planning Dept. .Airport. P &Z Z'9 rtrodiiV rad podiy Airport, Airport Commission Public Works II rr E U Federal requirements satisfied f A Prevents or minimizes future land use conflicts R Retains—suitable parcels available for future public and private airport related development. Minimizes future land use conflicts_ H Streamline zoning reviews Use of airport property compatible with Comprehensive Plan 9 Plan conformity with expected uses Transportation improvements coordinated with development CIP and STIP are used to acquire needed transportation amenities bikeways, trails, pedestrian paths B Improvements are in place at time new development irnpacts occur. Streets and blocks are connected in a pattern connecting neighborhoods to each other and to businesses Pedestrian features included in development. A coastal and bluff trail system is designed and constructed. CIP supports airport- related development OV _s. Ord, is ot 0. Erik' VdV sdv J H )MPLEEEN ATIO ME URE 69unic'spaLtlirporf. Update airport noise exposure map Send out direct mailing to property owners in noise exposure zone Revise zoning code to adopt an overlay zone: "airport-dependent development district" Revise zoning of airport properties to comply with expected future uses P &Z review of proposed uses of airport property Revise Airport Master Plan Land Use Plan uogteyrodsuea5 Capital Improvements Program Statewide Transportation Improvement Program (STIP) Subdivision Code: 9 Review process revised Design standards for rural and urban roads updated Functional Road Classification System developed -107- -108- The City requires developers to extend wafer i and sewer mains if necessary. I SwoPup vo4 et oN i�io Action. No Rc(ion. vopcM oft No Action Ongoing. Central Mixed Use Zone /Properties Rezoned KSH Signage for Public Facilities 5 uloa up o- uogoti ON J.d3a C 3 Public Works flap Su!uueld sdJonA °fiend Administration Parks and Recreation Parks and Recreation Parks and Recreation Public Works, PEE 'claps °wind Senior Center Planning Dept. A Infrastructure in place in conjunction with future development_ A CIP coordinated with infrastructure extensions. -xi- re Exiss ting facilities are evaluated for deficiencies and improvements 00 a regular basis. New facilities address projected demand and meet level of service requirements. Supports working relationship with school district officials. New parks and recreation facilities are designed and located consistent 'With comprehensive plan goals and policies. A Neighborhood park development is supported. Private- public collaboration for the acquisition, development and maintenance of parks is encouraged and supported. A Joint use of facilities results from coordination between City and KPB School District. Residential and commercial uses in the City Center continue and expand. Tourism directed to City Center, Millennium Square "ready' for development when time and project comes along. A Senior citizen residential and other services expanded. Continued cooperation with Kenai Peninsula Borough Division of Emergency Management Adequate police, tire, and EMS services for Kenai residents. Minirnized loss of life and property. A City Center /Millennium Square becomes focused "area of opportunity" Additional number of residential facilities for seniors. a- Senior services expanded Consolidate senior services. with other organizations to insure that needs are met without duplication of services_ AOIlOd sdo r tL Community Facilities Sewer and Water Facilities Master Plan recommendations implemented. Subdivision Code (14.10) specifies Men infrastructure to be constructed. Public Facilities designed and sited consistent with Comprehensive Plan goals Coordinated school site selection and facility design Location and design criteria for new parks and recreation facilities added to Parks and Recreation Plan I (1225 Establish a system to support development, acquisition and maintenance with the private sector. City passes resolution supporting joint use. Coordinate infrastructure improvementsT with promotion of City Center and Millennium Square development. Zoning Code revisions to allow residential and commercial uses (14.20). Actively promote access to the city center using signage Coordinated delivery of public safety services. City center continues 85 focus for senior services, activities, housing, and amenities. -108- rh t,, o/ KL NALALRSKA CITY OF KENAI ORDINANCE NO. 2497 -2010 Sponsored by: City Clerk AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC CHAPTER 1.10, ENTITLED "THE COUNCIL," IN ITS ENTIRETY AND SPECIFICALLY ADDRESSING THE PROCEDURES FOR SPECIAL MEETINGS OF THE CITY COUNCIL AND MAKING TECHNICAL CORRECTIONS, WHEREAS, City ordinances currently provide only for personal, written service of the a notice of a special meeting on City Council Members; and, WHEREAS, when special meetings are called, there is typically a demand upon the Council to act quickly and permitting service of notice of the special meeting only by delivery of a written notice to a Council Member in person or at their home can be slow and time consuming; and, WHEREAS, alternative means to communicate the notice of a special meeting exist and those methods are predicted to provide actual notice to each Council Member of a special meeting, including verbal notification to the Council Member in person or by telephone as well as notification by electronic communication such as electronic mail; and, WHEREAS, it is in the best interests of the City to update the procedures for providing notice of special m.eetings to City Council Members to allow notice through different forms of electronic and verbal communication as well as written notice; and, WHEREAS, Chapter 1.10 of the Kenai Municipal Code contains antiquated terminology and conforming amendments are desirable to provide consistency between this chapter of the City Code and other provisions of City Code. 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 Kenai Municipal Code, Chapter 1.10, The Council, is hereby amended in its entirety as follows: Sections: 1410.101 Makeup of the Council. 1.10.020 Powers. Chapter 1.10 THE COUNCIL New Text Underlined' [DELETED TEXT BRACKETED] -109- Ordinance No. 2497 -2010 Page 2 of 4 1.10.030 1.10.040 1.10.050 1.10.060 1.10.070 1.10.010 Makeup of the Council. There shall be a City Council of seven (7) members, consisting of the Mayor and six (6) other Councii[MEN) Members, as provided by the City Charter, Section 2 -1. When the [WORD] teuu "Councilman" or "Councilmen" or Council Member(s)" is used in the ordinances, in the Charter, and elsewhere, it shall be deemed to include the Mayor, as well as other Council[MEN] Members, unless otherwise clearly indicated by the context. 1.10.020 Powers. Organization meeting. Time of regular meeting. Place of meeting. Calling special meetings. Council chambers and conference rooms. The Council shall have and may exercise all legislative powers not prohibited by law or by the City Charter, It shall have all powers delegated to it by the City Charter and by law[, SECTION 2 -4, AND OTHER SECTIONS THEREOF]. 1.10.030 Organization meeting. The terms of newly elected Council[MEN] Members shall begin at the time prescribed for the second regular Council [M]meeting after their election, as provided by the City Charter, Section 10 -2. At said meeting, the Council(MEN] Member -elect present shall take and subscribe to the oath or affirmation of office, which shall be administered by the City Clerk or other authorized person. At this meeting, or as soon thereafter as practicable, the Council shall elect a Vice -Mayor and otherwise organize for the ensuing year as needed and undertake its duties. 1.10.040 Time of regular meeting. The regular meeting of the Council of the City of Kenai, Alaska shall be at a time set by a resolution of the Council on the first and third Wednesdays of every month unless circumstances warrant deviation of the regular meeting date when the Council, by majority vote, may change the date and give public notice of such change. 1.10.050 Place of meeting. Meetings of the City Council, regular or special, [WILL] shall be held in the Council [C]chambers in the City Hall unless otherwise designated by the Mayor. This provision shall not apply to executive sessions of the Council. 1.10.060 Calling special meetings. New Text Underlined; [DELETED TEXT BRACKETED] -110- Ordinance No. 2497 -2010 Page 3 of 4 (a) The Mayor or any four Council[MEN( Members may call a special meeting[S] of the Council upon not less than 48- hours' written or oral notice communicated to each Council Member and the Mayor [THE CITY CLERK SHALL GIVE THE NOTICE OF SUCH MEETINGS TO EACH COUNCILMAN OR CAUSE IT TO BE LEFT AT A CONSPICUOUS PLACE AT HIS ABODE OR TO BE GIVEN TO A MEMBER OF HIS FAMILY AT LEAST FIFTEEN (15) YEARS OLD AT HIS PLACE OF ABODE, AT LEAST FORTY -EIGHT (48) HOURS BEFORE THE TIME OF HOLDING SUCH SPECIAL MEETING.] 1hl The City Clerk shall give oral or written notice of a special meeting to each Council Member at least forty eight (48) hours before the time of holding such special meeting: however, no service of notice of the special meeting need be made upon the person(s) who issued the call of the special meeting or where the call of the meeting was made at a regular meeting of the Council. Written notice shall be considered sufficient if delivered by electronic means or if delivered to the usual place of residence or business of any Council Member, or to any person residing or working therein who is over the age of fourteen years. The City Clerk shall provide Council Members with the agenda of the special meeting at least twenty -four (24) hours in advance of the meeting, where practicable. fcl For the purpose of giving notice of a special meetings, reasonable public notice is given if a statement containing the date, time. and place of the meeting. along with the expected subject(s) of discussion, is published not less than twenty four (24) hours before the time of the meeting by posting the statement in a minimum of three public places within the City, one of which shall be the official bulletin board of the City at City Hall. A copy of the notice of the special meeting shall also be delivered to a newspaper of general circulation in the City; but, this requirement shall not be jurisdictional to the holding of any such meeting. rte. The City Clerk shall include in the io rnal of the special meeting an affidavit (or affidavits) documenting service of the notice of the special meeting on the Council Members as well as the publication of the notice and agenda of the special meeting. fe) No business may be transacted at any special meeting except as stated in the notice of the meeting. 1.10.070. Council chambers and conference rooms. Scheduling the use of the Council chambers and. the Clerk /Council conference room in the City Clerk's office shall be under the direction of the City Clerk. The rooms shall be used solely for the transaction of the business of the City except that the Clerk 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 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 New Text 'Underlined `DELETED TEXT BRACKETED( Ordinance No. 2497 -2010 Page 4 of 4 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: Pursuan t to KIM 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of July, 2010. AMEST: Carol L. Freas, City Clerk -112- PAT PORTER, MAYOR New Text Underlined' [DELETED TEXT BRACKETED) Introduced: July 7, 2010 Adopted: July 21, 2010 Effective: August 21, 2010 TO: Mayor and Council. Members FROM: Carol L. Freas, Ci,ty Clerk DATE: July 1, 2010 RE: Cif Attachment 'Village with a Past, C# with a Future" 210 FideIgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 FAX: (907) 283 -3014 www.ci.kenai,ak.us MEMO NDUM ORDINANCE NO. 2497-2010, AMENDING KMC CHAPTER 1.10, ENTITLED THE COUNCIL," IN ITS ENTIRETY AND SPECIFICALLY ADDRESSING THE PROCEDURES FOR SPECIAL MEETINGS OF THE CITY COUNCIL AND MAKING TECHNICAL CORRECTIONS. Ordinance No. 2497 -2010 was developed in a collaborative effort between the City Attorney and City Clerk to address concerns with the procedures to call special meetings which have become fairly burdensome when considering the current availability of alternative means of communication. Please note the following: Suggested amendments to modernize terminology and provide consistency between this chapter and other provisions of the Code, i.e. the use of "Council Member." During Council discussion at the June 16, 2010 Council Meeting, it was suggested the number of Council iviembers required to call a special meeting be amended. Tn researching the issue, it was noted this number is set by the City Charter. The Charter cannot be changed without a vote of the people. The most significant changes are those in KMC 1.10.060 which offer additional means of notification of special meetings; identifies a 48 -hour notice of service of a special meeting; identifies at least a twenty -four (24) hour notice for the Clerk to provide Council Members with the agenda of the special meeting; identifies alternatives to publishing and posting of the agenda; provides for the Clerk to include an. affidavit (or affidavits) as part of the meeting journal to document service; and, directs that no other business may be transacted at any special meeting except as stated in the notice of the meeting. I believe the suggested amendments offer a much more functional and practical process for when special meetings are called. If you have any questions, please contact me. -113- EMO: V TO: Rick Koch, City Manager FROM: Christine Cunningham, Assistant to City Manager I DATE: June 24, 2010 SUBJECT: Kenai Chamber of Commerce Special Use Permit Attached is a request from the Kenai Chamber of Commerce, Inc., asking for a renewal of the Special Use Permit it currently holds with the City. The request is for a term of five years under the same terms as its current Special Use Permit, which expires June 30, 2010. Attached is a proposed Special Use Permit, similar to what is currently in effect. The City Attorney has reviewed the document and has no objections. If Council approves the Special Use Permit, both parties can sign the agreement. cc: Kenai Chamber of Commerce, Inc. lfaye with a Past, Gc with a Future" 210 FideIgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 -114- elamnicaCT DATE: SPECIAL USE PERMIT The CITY OF KENAI for the considerations and pursuant to the conditions and requirements set forth below hereby grants to: Kenai Chamber of Commerce, Inc. 402 Overland Avenue Kenai, AK 99611 hereinafter sometimes referred to as the PERMITTEE the right to that area described as: The east 24,5001 square foot portion between the east curbline and east property line of Lot 1, Gusty Subdivision, Addition No. 8, Kenai Recording District, according to Plat No. 91 -9, as designated on Attachment A, for the purpose of operating the Kenai of Chamber of Commerce, Inc. Office. 1. Term: This special use permit shall commence on the 1 st day of July 2010 and shall extend to and through the 30th day of June 2015. 2. Permit Fees: The Permittee shall not be charged a fee for the use or privilege specified herein. 3. Right of Entry: Entry and occupancy is authorized as of the 1st day of July 2010. 4. Place and Time of Payments: All payments shall be made on or before the date due to the City of Kenai, City Administration Building, Kenai, Alaska, or by mailing to the following address: City of Kenai, 210 Fidalgo Avenue, Kenai, Alaslca 99611-7794. 5, Use: The use by the Permittee of the premises described above is limited to the purposes specified herein and is not intended to grant any exclusive use to the described premises unless otherwise provided above. This use is also subject to the reasonable administrative actions of the City of Kenai for the protection and maintenance of the premises and of adjacent and contiguous lands or facilities. Special Use Penn it Page 1 of 4 -115- 6. Forbearance: Failure to insist upon a strict compliance with the terms, conditions, and requirements herein contained, or referred to, shall not constitute or he construed as a waiver or relinquishment of the right to exercise such terms, conditions or requirements. 7. Indemnification and Insurance: Permittee covenants to save the City harmless from all actions, suits, liabilities, or damages resulting from or arising out of any acts of commission or omission by the permittee, his agents, employees, customers, invitees, or arising from or out of the Permittee's occupation, or use of the premises demised, or privileges granted, and to pay all costs connected therewith. Permittee, at the expense of Permittee, shall keep in force, during the term of this agreement, insurance issued by responsible insurance companies authorized to do business in Alaska, in forms, kinds and amounts as determined and directed by the City for the protection of City and/or Pennittee. Insurance requirement hereunder shall be subject to the sole determination of the City. Said insurance may include, but need not be limited to insurance coverages commonly known as, or similar in Icind to, public liability, products liability, property damage, cargo, aircraft, fire, workmen's compensation, comprehensive, builders risk, and such other insurance coverage as deemed required in the sole determination of the City. All policies or endorsements thereto shall in all cases where possible name City as Additional Named Insured thereunder and shall contain a waiver of subrogation against the City. Upon approval by City of all insurance required, in the forms, kinds and amounts directed to be procured, Permittee shall deliver all policy originals or duplicate originals and endorsements thereto to the City for incorporation within this agreement as attachment thereto. In any event, Permittee is not to commence to exercise any of the rights and privileges granted under this agreement until such time as all insurance directed and required to be furnished by Permittee is in full force and effect. Permittee expressly understands and agrees that any insurance protection furnished by Permittee hereunder shall in no way limit its responsibility to indemnify and save harmless Permitter under the provisions of this agreement. No policy of insurance shall be cancelled or amended with respect to the City without thirty (30) days written notice by registered or certified mail to City by the insurance company. Until otherwise directed in writing by the City Manager, Permittee shall provide certificates of insurance within thirty (30) days of the date hereof as follows: Special Use Permit Page 2 of 4 Comprehensive General Liability Combined Single Limit (Bodily Injury and Property Damage): Worlcmen's Compensation Statutory Limits -116- $500,000 Notwithstanding anything to the contrary, if Permittee fails or neglects to secure required insurance or if said policy or policies are terminated, altered, or changed in any manner not acceptable to the City, then and in that event this lease may be cancelled and terminated, without penalty, on five (5) days written prior notice to Permittee. 8. Cancellation: City reserves the right to cancel this permit or to reassign Permittee to a different location on sixty (60) days written notice, either delivered in person to the authorized representative named herein or his replacement or by mail to the address set out above. Any or all personal or real property shall be removed at users expense upon cancellation or termination of this agreement. (If Lessee is a corporate -style entity) ATTEST: Name Title Special Use Permit Page 3 of 4 PERMITTOR: PERMITTEE: -117- CITY OF KENAI By: Rick Koch City Manager CHAMBER OF COMMERCE, INC. By: Name Title STATE OF ALASKA HIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of 2010, RICK 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 and authorized execution of the foregoing instrument on behalf of said City. STATE OF ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of 2010, (Name) (Title), KENAI CHAMBER OF COMMERCE, INC., being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. Return to: City of Kenai 21.0 Fidalgo Avenue Kenai, AK 9961.1 Special Use Permit Page 4 of 4 )ss )ss Notary Public for Alaska My Commission Expires: Notary Public for Alaska My Commission Expires: -118- KENAI CIlNflIR or CONF 4t1 June 10, 2010 City of Kenai Attn: Chttine Cunningham Assistant to City Manager 2 1.0 Fidalgo Avenue Kenai Alaska, 99611 Ms. Cunt Thank you, Special Use Permit gl The Kenai Chamber of Commerce request the Special Use Permit we currently hold with the City of Kenai for: The east 24,001 square foot portion between the cast curbline and east property line of Lot I, Gusty Subdivision, Addition No. 8, Kenai Recording District, according to Plat No. 91 -9 be renewed for an additional five (5) years. The Kenai Chamber has appreciated rive use of this property, where MoosemeatJohn's cabin sits since the early 1970's. Our partnership with the City of Kenai is one of our most valuable assets. Carol Bannock Executive Director The team that CARES "Building (3vr Comenr:irily One Br as i ness at True Creates opportunity Attracts attention. Raises mire Expnads benefits Serves with enrlrirsias -120- Kenai Chamber of Commerce 402 Overland Arv Kenai, AK 99611 Phone: 907-283-7989 Fax: 907283 -7183 vmrp, X enaiC.fimuuer,org 2010 Ptesidcm Deb Milam, First American Tide Ins. Company Past President Penny Furnish, Stewart Tide Vice President Kyle Fisher, Lynden Transport ecreta Treasurer Brendnt shiflea, First National Bank Alaska 2010 Directors Dr, Dennis Smnrner, Kenai Vision Center Scott Hamann, Metal Magic Roy Wells, Waddell Reed Jason Carroll, Tesoro Mike Spangler, CnnocoPhi, lips Carol Bannock, Executive Director carol @kenaicharnhenorg Gloria Undue, Executive Assistant Phone: 907-283-7989 Fax: 907- 283 -7183 ail: info@kenaichamber.org www.keriatchamber.org 402 Overland Kenai, Alaska 99611 KENAI, ALASKA MF:MO Thank you for your attention in this matter. e with a Past C with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 11 11 1 1997 -121- Telephone: 907- 283 -7535 FAX: 907- 283 -3014 TO: City Council FROM: Rick Koch DATE: July 1, 2010 SUBJECT: Credit Card Use Schedule of City Fees During the process of determining how credit card usage fees would be structured Administration found the following: 1. Some fees are established in code. To amend these fees Council action is required through an ordinance. 2. Some fees are established in policy and the City Manager can amend the fees. Some of these require Council approval. 3. It is difficult to find fees the City charges as they are either located in the area of code specific to the activity, or in policy that may not be readily accessible to the public and /or difficult to find. Administration suggests that the City make changes to the manner in which fees are determined /amended, and to establish a comprehensive publication of fees, rates, and charges. We suggest the following: 1. The City Code be amended to provide for the City Manager to present for approval all fees, rates, and charges. This will allow for changes to be adopted without having to introduce an ordinance. Council will still have the option to have multiple public hearings for changes in fees if they wish to do so. 2. Create a comprehensive document titled "City of Kenai, Fees, Rates Charges" (see attached draft). A page on the website should be included on the City's Homepage so this information is readily available to the public. The City Manager shall establish and the City Council shall approve the fees, rates, and charges for the billing and collections for support of City Services. The City reserves the right to change the rate schedule at any time. There is a 6% sales tax added to the total invoice (3% City and 3% Borough) for all fees, rates, and charges not exempted by the sales tax code of the Kenai Peninsula Borough and the City. ANIMAL CONTROL 3.05,100 (a) Kennel Facility 3.05.100 (b) 3,05.100 (c) (1) First Impoundment within 12 months- Dog First Impoundment within 12 months- Cat 3.50,100 (c) (2) Second Impoundment within 12 months- Dog Second Impoundment within 12 months- Cat 3.05.100 (c) (3) Subsequent Impoundment within 12 months Dog Subsequent Impoundment within 12 months- Cat 3.05.100 (c) (4) Boarding Fee Animal 15Ibs or less Per Day B Fee Animal more than 15Ihc Per Day 3.05.100 (c) (5) Dangerous Animal Impoundment 3.25.060 (c) KWIC Section Dog License Sterilized Dog Dog License Non sterilized Dog Lost License Replacement Veterinarian Service Veterinarian Service Veterinarian Service Veterinarian Service N/A Animal Waiver Fee Animal Waiver Fee Animal Waiver Fee N/A Adoption Fee City of Kenai Schedule of Fees, Charges and Licenses Effective Date: August 30, 2010 Fee Description Dog Spaying or Neutering Cat Spaying Cat Neutering Rabies Vaccination Dog Puppy /Cat Kitten $90.00 payable to performing veterinarian upon submission of certificate of service. $80.00 payable to performing veterinarian upon submission of certificate of service, $60.00 payable to performing veterinarian upon submission of certificate of service. $19.00 payable to performing veterinarian upon submission of certificate of service. -122- Rick Koch, City Manager (Only Current Fee will be published after approved) Current Proposed Fee Fee Increase Amount Amount !Decrease) 100.00 103.00 3.00 10.00 11.00 1.00 30.00 31.00 1.00 2.00 2.00 50.00 52:00 2.00 15.00 16.00 1.00 70.00 73.00 3.00 30.00 31.00 1.00 100.00 103.00 3.00 40.00 42.00 5 2,00 20.00 21.00 1.00 35.00 5 37.00 2.00 100.00 103.00 3.00 70.00 93.00 23.00 60.00 83.00 23.00 40.00 62.00 22.00 15.00 20.00 5.00 15.00 16.00 1.00 10.00 11.00 1.00 5.00 6.00 1.00 15.00 17.50 2.50 Current Proposed Fee Fee Increase KMC Section Fee Description Amount Amount (Decrease) BUILDING PERMIT FEES 4.05.030 Valuation 51.00 $500.00 23,50 24.50 1.00 Valuation 5501.00 $2,000.00 Base 23.50 24.50 1.00 City of Kenai Schedule of Fees, Charges and Licenses Valuation $501.00 $2,000.00 Each additional 5100.00, or fraction thereof, over $500.00 including $2,000.00 305 3.15 0.10 Valuation $2,001.00 $25 000 00 Base 5 69.25 70.75 1.50 Valuation $2,001.00 $25,000.00 Each additional 51,000.00, or fraction thereof, over 52,000.00 including $25,000.00 5 14.00 14.45 0.45 Valuation $25,001 .00 550,000.00 Base 391.25 403.10 11 .85 Valuation 525,001 .00 550,000.00 Each additional 51,000.00, or fraction thereof, over 525,000.00 including 550,000.00 10.10 10.30 0.20 Valuation 550,001.00 $100,000.00 Base 643.75 660.60 16.85 Valuation 550,001.00 $100,000.00 Each additional 51,000.00, or fraction thereof, over 550,000.00 including $100,000.00 7.00 7.20 0.20 Valuation $100,001.00 5500,000.00 -Base 993.75 1,003.75 10.00 Valuation 5100,001.00 5500,000.00 Each additional 51,000.00, or fraction thereof, over $100,000.00 Including 5500,000.00 5 5.60 5.75 0.15 Valuation 550QOD1 .00 $1,000,000.00 Base 3,23375 3,293.75 60.00 Valuation 5500,001.00 $1,000,000.00 Each additional $1,000.00, or fraction thereof, over 5500,000.00 including $1,000,000.00 4.75 4.90 5 0.15 Valuation 51,000,001.00 and up Base 5,608.75 5,683.75 75.00 Valuation 51,00 0 01.00 and up Each additional 51,000.00, or fraction thereof, over 5500,000.00 3.65 5 3.75 0.10 Inspection outside of normal business hours per hour (two hour minimum charge) 47.00 48.50 1.50 Inspection for which no fee is specifically indicated per hour (two hour minimum charge) 47.00 48.50 1.50 Additional plan review required by changes, additions or revisions to plans per hour (one hour minimum charge) 47.00 48.50 5 1.50 Outside consultants for plan checking and inspections, or Actual Cost both Actual Cost +3.0% 3.00% PRIVATE DETECTIVE AGENCIES 5.15.020 Detective Agency License per year 5.15.040 Private Detective License per year MOBILE FOOD VENDOR LICENSE 5.25.050 Annual Mobile Food Vendor License -123- 50.00 5.00 120,00 Rick Koch, City Manager 51.50 1.50 5.25 0.25 132.00 12.00 Current Proposed Fee Fee increase KMC Section Fee Description Amount Amount (Decrease) TRANSIENT MERCHANT AND PEDDLER LICENSE 5.30.040 Annual Transient Merchant and Peddler License 25.00 26.00 1.00 OIL GAS WELL 5.30.050 Oil Gas Well Application Fee Oil Gas Weil Processing Fee RECOUNT OF VOTES APPLICATION 6.05 220 Recount of Votes Application Fee 100.00 103.00 3.00 TIDELANDS 11.15.150 Tideland filing fee 11.20.050 Tideland lease filing fee LEASING OF TIDELANDS 11.20.790 Tideland lease for shore fisheries per year PLANNING AND ZONING COMMISSION 14.05.020 Variance or Conditional Use Permit Application Fee Cade Amendment Application Fee 15.05.030 (b) 15.05.030 (b) 15.05.030 (b) 15.05.070 City of Kenai Schedule of Fees, Charges and Licenses impoundment and Storage Contractor Impoundment City Employee Storage by City per day Towing Charge Car Towing Charge Truck Storage Fee Vehicle (per day) Abandoned Property Certificate Clerk's Endorsement on Certificates Impoundment and Storage Contractor Impoundment City Employee Storage by City per day -124- 500.00 100.00 103.00 3.00 10.00 100.00 300.00 ABANDONED PROPERTY (OTHER THAN MOTOR VEHICLES) 100.00 103.00 100.00 103.00 S 10.00 13.00 1.00 3.00 5.00 Rick Koch, City Manager 515.00 15.00 10.30 0.30 103.00 3.00 309.00 9.00 3.00 3.00 KENAI ZONING CODE 14.20.180(b)(1)(C) Variance Permit Application Advertising Fee 100.00 103.00 3.00 14.20.180(d) Variance Permit Application Public Hearing Notice Fee 100.00 103.00 3.00 14.20.240 Mobile Home Build Permit ermli 100.00 103.00 3.0 0 14.20,290 Board of Adjustment Appeal Fee 100.00 103.00 3.00 Actual Cost Actual Cost 3.0 3.00% 5.00 5 5.15 0.15 1.00 3 1.03 0.03 Actual Cost Actual Cost 3.0° 3.00% 5.00 5.15 0.15 1.00 1.03 0.03 City of Kenai Schedule of Fees, Charges and Licenses Current Proposed Fee Fee Increase KMC Section Fee Description Amount Amount (Decrease) STREETS AND DRAINAGE 18.10.020 Street Building Permit 10.00 10.30 0.30 EXCAVATIONS IN CITY STREETS BY CONTRACTORS OR UTILITY COMPANIES 18.20,050 Excavation License Fee per year 25.00 25.75 0.75 PROJECT PERMITS 18.25.030 Inspection Fee VEHICLE FOR HIRE 20.05.050 (a) 250.00 20.05.050 (a) Annual Vehicle for Hire Permit First Vehicle .Annual Vehicle for Hire Permit Additional Vehicle CEMETERY FEES Appendicies APX-1 Section 1: Plots Standard Plot 250.00 260.00 10.00 Infant Plot 150.00 155.00 5.00 Cremains 100.00 105.00 5.00 Summer Grave Opening and Closing Standard Plot 500.00 515.00 15.00 Summer Grave Opening and Closing Infant Plot 250.00 260.00 10.00 Summer Grave Opening and Closing Cremains 100.00 105.00 5.00 Winter Grave Opening and Losing Standard Plot Winter Grave Opening and Closing Infant Plot Winter Grave Opening and Closing Cremains SENIOR CENTER RENTAL Rental Fees and Service Calls are subject to 6% sales on the first $500 of the transaction amount. Main Dining Room Rental 400.00 412.00 12.00 Kitchen Rental 200.00 206.00 6.00 Dishes (per place setting) 1.25 1.30 0.05 Each Additional Service Call 50.00 52.00 2.00 Main Dining Room Security Deposit 500.00 500.00 Kitchen Security Deposit 100.00 S 100.00 SENIOR CENTER MEAL SUGGESTED DONATIONS Donations are not subject to sales tax. 5 years and younger 5.00 5.00 6 years and older up to 59 years 9.00 9.00 60 years and older 5.00 5.00 -125- Rick Koch, City Manager 10.00 10.30 0.30 260.00 10.00 100.00 105.00 5.00 600.00 620.00 20.00 250.00 260.00 10.00 100.00 105.00 5.00 City of Kenai Schedule of Fees, Charges and Licenses Rick Koch, City Manager Current Proposed Fee Fee Increase KMC Section Fee Description Amount Amount (Decrease} VINTAGE POINTE RENTS 1 -A apartment= 586 Sq. Ft. Ocean Side 700.00 700.00 1 -A apartment =586 sq. ft. Street Side 664.00 664.00 1 -6 apartment =637 sq. ft. Ocean Side 676.00 676.00 1 -6 apartment =636 sq. ft. Street Side 676.00 676.00 8 1 -B apartment =637 sq. ft. Ocean Side 712.00 712.00 1 -C apartment =682 sq. ft. Ocean Side 724.00 724.00 8 1 -C apartment =682 sq. ft. Street Side 688.00 688.00 1 -C apartment =682 sq. ft. Ocean side 712.00 712.00 2 -A apartment-426 sq. ft. Ocean Side 772.00 772.00 2 -A apartment =826 sq. ft. Street Side 736.00 736.00 2 -B apartment =876 sq. ft. Ocean Side 784.00 784.00 2 -B apartment =876 sq. ft. Street Side 748.00 748.00 2 -C apartment =789 sq. ft. Ocean Side 760.00 760.00 Monthly Automatic ACH Payment Fee Credit Card Payment Service Fee -126- N/A 15.00 15.00 Letter of Agreement Between the City of Kenai and the Chugach Balptist t "ga's Vi' eti°Jrt This better of agreement describes the roles and responsibilities of the City of Kenai and the Chugach Baptist Organization (CBO) pertaining to the personal use dipnet fishery at the mouth of the Kenai River for the summer of 2009. The Chugach Baptist Organization will he referred to as CBO for' the remainder of this letter. E Fs recognized that the City of Kenai actively manages the access of Alaska residents to the personal use dipnet fishery at the mouth of the Kenai River. The City of Kenai management role includes, but is not necessarily limited to, ensuring public satiety, providing traffic control, maintaining parking lots and fences, collecting access fees, providing portable toilets, protecting beach dunes, and collection of refuse. It is recognized that CB0 plans to provide volunteer ser vices for the persona& use dipnet at the mouth of the Kenai River for the 2009 dipnet fishery, including but not limited to, providing fillet stations, carrying gear, providing free food, providing first aid supplies, providing traffic control, mending fences, and providing play areas /activities for children. Both the City of Kenai and CEO recognize the need for a Letter of Agreement with regards to the planned activities of cBo, The agreed upon conditions for the City of Kenai and CBC are as follows: a) CB0 agrees to stop providing free food and /or drinks on the north and south beach in the event the City of Kenai notifies CBO, in writing, that a for- profit vendor has established a vending site on the north and /or south beach area. b) CBO agrees to adhere to all federal, state and local laws including but not limited to, laws of the Department of Environmental Conservation (food handing) and the Alaska Department of Fish and Game (Personal Use- %oshery). c) if C30 provides daycare se'7179ces or of 1'er s r `8es f or ch ild r en Pis understood t ha`t iii 080 volunteers have successfully passed a background check to ensure they have no prior criminal record involving cnrnes against children, nor any prior record of crimes involving sex offenses. 08:0 s responsible for administering the background' checks and ensuring that all CBO volunteers working in the 2009 dipnet fishery have successfully passed the background check. di CBO will provide all proper safeguards and shall assume all risks for the services to personnel are exclusively and jointly providing to the 2009 dipnet fishery. e) CBC will provide proof of insurance coverage for its personnel /volunteers, including work compensation, if necessary, in an amount satisfactory to the City Manager tt us understood that the CB0 has volunteered to assist the City of Menai with its responsibilities of traffic control and fence mending. The City of Kenai agrees to provide traffic control (safety vests) and zip uses as it deems needed. CBO traffic control volunteer will follow the instructions and direction of City of Kenai personnel. of Kenai Chugach Baptist Organization -127- Page 1 AGREED: g) The City o Kenai agrees to provide five (5) parking spaces at no cosy on the north teach (parking lot to accommodate vokinteer efforts Si[m:ikkr accommodations ll+ft"I be made on the south beach as needed. It is expressly understood that the City of Kenai shall not be construed as the agent of or in partnership with the CBO in the conduct of business on the Kenai River Beach. it is expressly an toed that CBO w'sil not solicit donations, proselytize, and wit@ no'. promote or administer activities that win reflect negatively on the City of Kenai or its personnel. j) The City et i(enai may canoe, this agreement at any t@ e, 's -_hoot prior notice to 030. k) CB0 will provide a copy of a certificate of general liability and automobile insurance na the City of Kenai as an additional insured. TERM OF AGREEMENT— The' terms of this agreement shall be from July 10, 2009 to.luiy 31, 200i Manager Chugach Baptist Organization Brenda Crirn Date City of Renal Chugach Baptist Organization -128- g tstuititire SPECIAL USE PERMIT The CITY OF KENAI (City), for the consideration, and pursuant to the conditions set out below, hereby grants the right to use the Premises to this Permit, to (Permittee): 1. Premises/Term. The "Premises" include five (5) reserved parking spaces suitable for parking a standard size vehicle in the City of Kenai North Beach parking area at the end of Spruce Street in Kenai, Alaska, the precise location of which shall be determined by the City and, if requested. by Permute: up lb five (5) reserved parking spaces on City of Kenai's South Beach parking area The term of this agreement shall be from July 16 18 and July 23.- 25, between the hours of 12:01 a.m. through 12:00 p.m. each day. 2. Use. Permittee shall have a priority and exclusive use of the Premises on during the Term of this Permit for the purposes of parking vehicles to support Permittee's non- profit church or mission activities Pertittee chooses to provide =to the general public on the north and south beaches in the City of Kenai. The Permittee refers to its program as "Salmon Frenzy No use of the Premises shall interfere with traffic flow and circulation in the North Beach parking area Use of the north and south beaches by Permitee for its Salmon Frenzy program is at Permittee's sole direction and control subject to established published ordinances and regulations of the C'ty, Nothing herein provides any special use of the north and south beaches in the City. Accordingly, Permittee shall pitch tents and canopies only in areas where cariiping is allow. Permittee shall not build fires in any area where fires are otherwise prohibited, etcetera. 3. Fee /Consideration. The shall be no cash rental or use fee for the Premises. In consideration for provision of the Premises, Permittee agrees to adhere to the terms of this Special Use Permit (provision of insurance, proof of compliance with State laws, clean up beach areas impacted by its activities; work with local law enforcement to inform it of Permittee's activities; forbearance of certain other activities) which would not otherwise be required of it for general use of the north and south beaches in the City of Kenai. 4. No Exclusivity. The use by the Permittee of the Premises is limited to the purposes specified herein and is not intended to grant any exclusive use to the described Premises except as otherwise provided herein. This use is also subject to the reasonable administrative actions of the City for the protection and maintenance of the Premises and of adjacent and contiguous lands or facilities. Special Use Permit Page 1 Agt /SUP /salmon frenzy.070210 -129- Improvements. Permittee shall not make any permanent improvements to the Premises. 6. Preparation of Premises. The City does not make any warranty or guaranty of the suitability of the Premises for Permittee's intended purposes. 7. No Alcohol. No possession or consumption of alcoholic beverages is permitted on the Premises or on the beaches within the City of Kenai,.., Trash and Debris. The Premises must be returned to its original condition at the end of the term of this permit. Clean up and /or repair charges beyond nonnal wear and tear will be billed to Permittee based upon cost of repair. Pennittee acknowledges that it conducts extensive private activities on the beaches in the City of Kenai in pursuing its Salmon Frenzy mission program during the State of Alaska's personal use fishery, which activities generate substantial amounts of trash and debris. Accordingly, Permittee shall actively collect trash and debris in and around the areas of its activities on the beaches during the Term of this Permit. Further, if Permittee wishes to provide volunteers to assist the City in its own litter /trash collection on the north and south beaches, Pehnittee may provide the City with a list of persons who wish to volunteer their services to the City. Volunteers may be asked to execute a release or_sitnilar document to reflect their volunteer status with the City. City will provide trash bags and other materials for trash removal for those persons Permittee who volunteer with the City to help keep the beaches clean during the personal use fishery and during Permittee's Salmon Frenzy. 9. Sales and Solicitation. Solicitation of donations or the promotion or operation of any part or kind of business or commercial enterprise upon, in, or on the Premises is prohibited without the prior written consent of the City. Permittee further agrees not to distribute for free any food or drink items that for-profit vendors are selling under special use permits issued with the City. (City shall provide notice of said item s to Permittee by July 20]0) Permittee and its invitees each have a general right of access to the beaches and to conduct activities on the beaches in the City of Kenai just as any other person; however, Permittee agrees to direct any of its members, invitees, and guests who elect to provide volunteer services to the City of Kenai during the term of this agreement not to engage in mission or other religious activities while volunteering for the City of Kenai. 10. Notification of Activities. Permittee acknowledges that its Salmon Frenzy program creates an unusual, coordinated presence of persons on the beaches in the City of Kenai during the States personal use dipnet fishery. Permitee also Special Use Permit AgtSUP /salmon frenzy.070210 -130- Page 2 recognizes that the City has an interest in helping to assure that its beaches are generally open, accessible, and available to all persons wishing to use the beaches for personal activities. Accordingly, Permittee agrees to consult with and inform the City about Permittee's choices to locate Permittee's tents /canopies, play areas, filet stations, warming fires as a way of helping to assure that Permittee's lawful use of the beaches does not unnecessarily impair use and access to the general public. Permittee also agrees to provide education to its members and invitees concerning protection of the fragile sand dunes on the beaches and assist the City with monitoring the use of the dunes for the protection ofithedunes. 11. Traffic. If Permittee wishes to provide volunteers to assist in controlling the traffic within the City of Kenai which the City experiences during the personal use fisher, Permittee may provide the City with a list of persons who =,wish to volunteer their services for direction of and control of traffic and parking. Volunteers may be asked to execute a release or similar document to reflect their volunteer status with the City. City will provide protective vests and direction to those volunteers. 12. Report. Pennitee shall provide the City a report of its activities in the City of Kenai during its Salmon Frenzy program. This report shall,be provided to the City within one month of the closure of the State's personal use dipnet fishery on the Kenai River. 13. Insurance. Permittee shall pay for and provide comprehensive general liability insurance protecting the Permittee and covering all of its activities in the City of Kenai during its Salmon Frenzy programl(whether on the Premises, the beaches or elsewhere), with such insurance to bet' evidenced by a certificate of insurance Showing the insurance' in farce. Said comprehensive general liability insurance shall be in the for n of pglicy commonly known as a level limit policy combining bodily injury and property and-in an amount not less than $1,000,000. All general liability policies or endorsements thereto shall in all cases where possible name the City as. Additional Named Insured thereunder and shall contain a waiver of subrogation against the City. Such insurance shall be by a company /corporation currently rated "A "or better by A.M. Best. Permittee shall also pay for and provide workers' compensation and employer's liability insurance in accordance with applicable laws. All workers' compensation policies or endorsements thereto shall in all cases where possible contain a waiver of subrogation against the City. Such insurance shall be by a company /corporation currently rated "A "or better by A.M. Best. Insurance contracts providing liability insurance shall provide for not less than thirty (30) days' written notice to the City of cancellation or expiration or substantial Special Use Permit Agt /SUP /salmon frenzy.070210 -131- Page 3 change in policy conditions and coverage. Permittee shall provide proof of insurance to City prior to engaging in any activities on the Premises or on the north and south beaches in the City of Kenai. 14, Assumption of Risk. Permittee will provide all proper safeguards and shall assume all risks incurred in its use of the Premises and of its use and activities of any sort on the beaches in the City of Kenai. 15. Contact Information. The Contact information for the Permittee, and the person in responsible charge for Pennitiee during the term of the Permit, for purposes of notice and all communications from City to Permittee is Brenda Crim (corporate name) Phone: Fax: Tax I.D.: 16. INDEMNITY, DEFEND, AND :HOLD HARMLESS AGREEMENT: Permittee agrees 'to fully indemnify, defend, and save harmless, the City of Kenai, its officers, agents, employees, and volunteers from and against all actions, damages, costs, liability, claims, losses; judgments, penalties, and expenses of every type and description, ineludingany fees and/or costs reasonably incurred by the City's staff attorneys and outside attorneys and any fees and expenses incurred in' enforcing this provision (hereafter collectively referred to as "Liabilities to which any or all of them may be subjected, to the extent such Liabilities are caused by or result from any negligent act or omission or willful misconduct of the Permittee in connection with its use of the Premises. This shall be a continuing release and shall remain in effect after termination of this Special use Permit. 17. Personalty. Any or all personal property placed or used upon lands or in facilities may be removed and /or impounded by the City, and when so removed and /or impounded, such property may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus storage charges of $25.00 per day. The City of Kenai is not responsible for any damage to or theft of any personalty of Permittee or its invitees to the Premises. 18. Compliance with Laws. Permittee shall adhere to all federal, state, and local laws, ordinance and regulations while conducting its activities on the Premises and Special Use Permit AgCSUP /salmon frenzy.070210 -132- Page 4 on the north and south beaches in the city of Kenai, including but not limited to, State Department of Environmental Conservation laws and regulations concerning food handling, State Department of Fish Game laws and regulations governing the personal use fishery, City regulations governing use of its beaches and public areas in the City. 19. No Waiver. Failure to insist upon a strict compliance with the terms, conditions, and requirements herein contained, or referred to, shatls,,not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions, or requirements. 20. No Discrimination. Permittee will not discriminate on the'grounds of race, color, religion, national origin, ancestry, age, or sex' against any patron, employee, applicant for employment, or other person or group of persons in any manner prohibited by federal or State law. Permittee recognizes the right of the City to take any action necessary to enforce this requirement. =G„ 21. No Joint Venture. The City shall not be construed or held to be a partner or joint venturer of Permittee in the conduct of its church, mission, or other activities on the Premises or on the north and south beaches within the City of Kenai. 22. Authority. By signing this Permit, Permittee represents that it has read this agreement and it agrees to be hound by the terms and conditions herein and that the person signing this Permit is duly authorized by the organization to bind the organization hereunder. Special Use Permit AgVSUP/salmon frenzy.0702 I 0 Its: By: Rick R. Koch City Manager PERMITTEE: By: -133- Page 5 STATE OF ALASKA )ss THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of July, 2010, the foregoing instrument was acknowledged before me by RICK R. KOCH, City Manager of the City of Kenai, Alaska, an Alaska home rule municipality, on behalf of the City. STATE OF ALASKA )ss THIRD JUDICIAL DISTRICT Notary Public for Alaska,., My Commission Expires: -134- The foregoing instrument was acknowledged before me this day of July, 2010, by (Title) of an Alaska non- profit corporation, on behalf of the corporation. Notary Public for Alaska My commission Expires: Special Use Permit Page 6 Agt /SUP(salmon frenzy.070210 RELEASE AND WAIVER OF LIABILITY FOR VOLUNTEERS OF THE KENAI POLICE DEPARTMENT The purpose of this waiver to is to establish an understanding between Kenai Police Volunteers and the Kenai Police Department regarding liability issues. I want to volunteer my services to the Kenai Police Department, I certify that I am in good mental and physical condition and I understand the inherent risks associated with acting as a volunteer including the risk of physical injury or death. I understand that these risks may include, but are not limited to, slips and falls, physical activity and exertion, muscle and ligament strains, pulls and tears, abnormalities of blood pressure or cardiac arrest, assault and battery, cuts and punctures from debris, glass, nails, hypodermic needles, wire, rocks, concrete, cans and other sharp objects. I further understand that I risk aggravating any preexisting physical condition I may have in the performance of these services. I understand that while my volunteer services will be at the direction of the Kenai 'Police Department, its police officers and police employees, I am nevertheless not an employee of the City of Kenai within the meaning of the Alaska Workers' Compensation Act at the time of my performance of these volunteer services. I further understand that I am a volunteer and that no employee /employer or master /servant relationship is created between me and the City of Kenai or the Kenai Police Department and that I will receive no compensation of any kind for my participation as a volunteer and that there is no promise of paid employment or future paid employment. There is no employment contract or other contract of hire between the City of Kenai or the Kenai Police Department and me. I acknowledge that the volunteering of time and /or services does not constitute employment for purposes of the Workers' Compensation Act of Alaska and further acknowledge that I am not entitled to benefits of said Act. In consideration of the City of Kenai allowing me to participate as a volunteer, I agree not to sue and forever release, waive and discharge the City of Kenai from any and all liability to me or my personal representatives, assigns, heirs, children, dependents, spouse and relatives from any and all claims, causes of action, losses, judgments, liens, costs, demands or damages that are caused by or arise from any injury (including death) to me or my property. I assume all risks associated with my participation as a volunteer. I understand that the performance of these volunteer services may be hazardous, and l KENAI POLICE DEPARTMENT RELEASE AND WAIVER OF LIABILITY FOR VOLUNTEERS PoIicc.REI.EASE VOW NI ERS.doc -135- Page 1 of 2 specifically waive any liability for injuries that may result from the negligence or carelessness of fellow volunteers, Kenai Police officers, police employees or the public. I understand that the City of Kenai shall not be responsible for loss or theft of personal property, or damage to personal property caused by the City of Kenai, its employees and officers, other volunteers or the public. I understand that may participation as a volunteer in this activity is purely a solely voluntary and that I am not an employee, contractor, or representative of the City of Kenai. I further acknowledge that I am not, and will not function as, a peace officer or reserve peace officer, of any level, or a firefighter, emergency medical technician or civil defense worker. By virtue of my volunteer status, I shall have no powers or abilities greater that as a private citizen to enforce the laws of the State of Alaska. I hereby acknowledge that have carefully read this Release and Waiver of Liability for Volunteers; that I.fully understand its contents; that I am over the age of 18; and that I am signing this Release and Waiver of Liability for Volunteers voluntarily and intend for it to be legally binding. Volunteer: (Printed name) Address /City /State /Zip Telephone number Cell phone number Volunteer: (Signature) VOLUNTEERS IN POLICING UNIT KENAI POLICE DEPARTMENT RELEASE AND WAIVER OF LIABILITY FOR VOLUNTEERS Police.RELEASE VOLUNTEERS.doc -136- DATE: Page 2 of 2 THIRTY -DAY END DATE Wednesday, July 28, 2010 j Wednesday, July 21, 2010 NOT COUNCIL MEETING DATE (within 30 -day requirement) APPLICABLE DUE TO 15 -DAY PERIOD FOR NOTICING- 7 SIXTY-DAY END DATE I Friday, Au -ust 27, 2010 August 4 and 18, 2010 August Council Meeting Dates TO: DATE: July 2, 2010 RE: clf KE ALASKA Mayor and Council Members FROM: Carol L. Freas, City Clerk City of Kenai 'Village with a Past, Gity with a Future' 210 Fidalgo Avenue, <enai, Alaska 99611 -7794 Telephone: (907) 283 -7535 FAX: (907) 283 -3014 www.ci.kenai.ak,us MEMO ".A..NDUM Appeal Of Planning Zoning Commission Revocation of a Conditional Use Permit Lynford Disque d /b /a Circle D Restoration and Racing (Outside Storage Yard) 2021 Wyatt Way (KN E1/2 W 1/ 2 N W 1/ 4 NW1 /4). Appeal of Planning Zoning Department Issuance of Code Enforcement Action (issued under KMC 14.20.050 and 14.20260) A letter of appeal was received on Monday, June 28, 2010 for the above referenced matters. 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 he scheduled for the next following weekday which is not a municipal holiday under KMC 23.40.020(a)(1) -(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 infornaation: *AUGUST 24, 2010 IS THE STATE PRIMARY ELECTION. I WOULD REQUEST THE HEARING NOT BE SCHEDULED FOR AUGUST 24, 2010. Note: There were comments from council after the last more controversial hearings th future hearings of more controversial nature should be held separate from council mee dates. -137- g Sunday ModdaY Tuestlay W drtasday Thursday Friday Satd I I 2 r i Jun 2070 S M 1 W T S Nag 2 010 S M 1 w r 1 2 3 4 5 6 7 8 9 IO 11 i2 1 3 14 15 Ib 1 7 I R 19 20 21 22 2? 24 25 26 2930 I 2 3 4 5 6] 8 9 I∎ Li 17 ,3 j4 5 1 7 1 1 9 2 0 16 2 22 22 24 25 26 2 7 28 9 30 31 4 5 HOLIDAY— City Offices Closed 6 Library Commission Meeting, 7p, Council Chambers 7 CITY COUNCIL MEETING, 7P, COUNCIL CHAMBERS 8 Airport Commission Meeting, 7p, Council Chambers Couneil on Aging Meeting, 7p, Senior Center 9 10 11 12 Harbor Commission Meeting, 7p, Council Chambers 13 14 PLANNING J ZONING COMMISSION MEETING, 7P, COUNCIL CHAMBERS 15 Advisory Cemetery Committee NO MEETING 1 SCHEDULED. I 16 117 r��.dc41 18 19 20 21 22 CITY COUNCIL r', c MEETING, 7P, COUNCIL I /✓oft n- a..h� CHAMBERS -'V'ai'n p 23 24 25 26 27 28 PLANNING ZONING COMMISSION MEETING, 7P, COUNCIL CHAMBERS 29 30 31 j I July 2010 COUNCIL /COMMISSION MEETING CALENDAR -138 fay: I re' g Tuesday 3 Library Commission Meeting, 7p, Council Chambers WadneSday Tbursday Priday g'dtard y 4 CITY COUNCIL MEETING, 7P, COUNCIL CHAMBERS I 7 I 8 I 9 Harbor Commission Meeting, 7p, Council Chambers .*lardy- plrynk 10 ty 44 11 PLANNING ZONING COMMISSION MEETING, 7P. COUNCIL CHAMBERS ie. YM'y 12 I Airport Commission Meoting, 7p, Council Chambers Council on Aging, p, S enior Center i I 13 !14 15 16 17 18 CITY COUNCIL 7P, COUNCIL CHAMBERS 19 Cemetery Committee NO MEETING SCHEDULED. 120 X71 I 1 22 23 24 ../171-411a i fs../N e 6T�N t 25 P LANNING ZONING COM N MISSIO MEETING, COUNCIL CHAMBERS 1 26 I i I 127 X28 pr 29 I 1 1 30 31 In, 2010 S Y W T F S1 So, 2010 S S; W 7 F S a 4 5 7'. 9 ±U- II 12 1± i4 15 16 1 18 19 90.2,1'22 23 24 '5 1 v 27 28 2, i0 7I 4 5 6 7 12 13 14 :5 14 17 18 19 20 2± 22 23 24 25 26 27 28 29.30 August 2010 COUNCIL /COMMISSION MEETING CALENDAR -139- COUNCIL ON AGING JUNE 10, 2010 KENAI SENIOR CENTER 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2• AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY May 13, 2010 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion Goals for 2010 b. Discussion Fees for Services c. Discussion Petition for Credit Cards ITEM 6: NEW BUSINESS a. Discussion Meeting Schedule ITEM 7: REPORTS a. Council on Aging Chair b. Director c. Council Liaison -140- PENDING APPROVAL ITEM 8: QUESTIONS COMMENTS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Kenai City Council Action Agendas of May 19 and June 2, 2010. ITEM 11: ADJOURNMENT ITEM 1: Chair Fullinck called the meeting to order at approximately 6:58 p.m. Roll was confirmed as follows: Members present: Members absent: Staff /Council Liaison present: A quorum was present. ITEM 2: Member Gelle REMOVE: Item 5 -a. Item S -b. ADD: Item 4: MOTION: ITEM 3: MOTION: ITEM 4: COUNCIL ON AGING JUNE 10, 2010 KENAI SENIOR CENTER 7:00 P.M. CHAIR RON FULLINCK, PRESIDING CALL TO ORDER ROLL CALL AGENDA APPROVAL MEETING SUMMARY J. Hollier, L. Flowers, E. Jones, R. Fullinck, V, Geller, L. Nelson, M. Milewski B. Osborn, V. Graham Senior Center Director R. Craig, Council Member M. Boyle ead the following changes to the agenda: Goals for 2010 Fees for Services Persons Scheduled to be Heard 4 -a. Terry Eubank, Finance Director Credit Cards 4 -b. David Segura Kenaitze Elder Program Member Geller MOVED to approve the agenda as amended and Member Nelson SECONDED the motion. There were no objections. SO ORDERED. APPROVAL OF MEETING SUMMARY May 13, 2010 Member Flowers MOVED to approve the meeting summary of May 13, 2010 and Member Nelson SECONDED the motion. There were no objections. SO ORDERED. PERSONS SCHEDULED TO BE HEARD 4 -a. Terry Eubank, Finance Director Credit Cards -141- Finance Director Eubank reviewed a memorandum from City Manager Koch on Credit Card Usage at the Kenai Senior Center and Vintage Pointe. General discussion followed. MOTION: Member Geller MOVED to accept the City Manager's proposal for credit card usage and Member Milewski SECONDED the motion. There were no objections. SO ORDERED. 4-b. David Segura Kenaitze Elder Program Mr. Segura reviewed the Kenaitze Elder Program, noting funding came from Title 6 and covered congregate meals, transportation, caregiver and respite support. ITEM 5: OLD BUSINESS 5 -a. Discussion Goals for 2010 Removed from the agenda. 5 -b. Discussion Fees for Services Removed from the agenda. 5 -c. Discussion Petition for Credit Cards Discussed during the presentation by Finance Director Eubank at Item 4 -a, ITEM 6: NEW BUSINESS 6 -a. Discussion Meeting Schedule Director Craig reviewed the memorandum regarding meeting schedules General discussion occurred. MOTION: Member Flowers MOVED to begin all meetings at 4:30 p.m. and Member Milewski SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: REPORTS 7 -a. Council on Aging Chair Fullinck noted he had emailed the Mayor and Council Members Molloy and Boyle regarding the mill rate, had breakfast with Mayor Porter to discuss the mill rate, a carport for Vintage Pointe, and a heat pad on the drive through at the Senior Center. 7 -b. Director Craig reported the area wide picnic would be June 25, 2010 at Soldotna Creek Park. -142- COUNCIL ON AGING MEETING JUNE 10, 2010 PAGE 2 7 -c. Council Liaison Council Member Boyle reported the water qual project would be progressing. ITEM 8: QUESTIONS COMMENTS None ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD None ITEM 10: INFORMATION 10 -a. Kenai City Council Action Agendas of May 19 and June 2, 2010. ITEM 11: ADJOURNMENT MOTION: Member Hollier MOVED to adjourn and Member Jones SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Council, the meeting was adjourned at approximately 8:10 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk -143- y COUNCIL ON AGING MEETING JUNE 10, 2010 PAGE 3 1. CALLTOORDER: a. Roll CaII b. Agenda Approval c. Consent Agenda d. *Excused Absences Commissioner Phil Bryson CITY OF K.ENAI PLANNING ZONING COMMISSION AGENDA CITY COUNCH., CHAMBERS June 23, 20I.0 7:00 p.m. 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. 2. *APPROVAL OF MINUTES: a. *June 9. 2010 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: P. PZ10 -19 (P709 -45) An application to modify an existing Conditional Use Permit for a Private Family RV Park for the property known as Lot 7, Anglers Acres Subdivision Part 3 (1115 Angler Drive). Application submitted by Richard Ames William Bancroft, 8650 Augusta Circle, Anchorage, Alaska. b. PZ09 -30 Revocation hearing revoking Conditional Use Permit Lynford Disque dba Circle D Restoration and Racing (Outside Storage Yard) 2021 Wyatt Way (K.N El./2 W1/2 NW1/4 NW1/4). 6. UNFINISHED BUSINESS: 7. NEW BUSINESS: 8. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration -144- 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: Zoning Bulletin (May 25, 2010) r PZ 10 -20 Landscape /Site Plan Hall Quality Builders An Automotive Transmission Shop —1152 Bridge Access Road (Lot 3, Baronwood Subdivision #3) Code Enforcement Success 1202 Lilac Lane 12. COMMISSION COMMENTS QUESTIONS: 13. ADJOURNMENT: -145- CITY OF KENAI PLANNING ZONING COMMISSION JUNE 23, 2010 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR PRO TEMPORE ROY WELLS, PRESIDING CHAIR JEFF TWAIT, PRESIDING (7 :15 p.m.) MINUTES Due to lack of chair and vice chair, Commissioner Roy Wells opened the meeting as chair pro tempore. ITEM 1: CALL TO ORDER Chair Pro Tempore Wells called the meeting to order at approximately 7:02 p.m. 1 -a. Roll Call Roll was confirmed as follows: Commissioners present: R. Wells, K. Rogers, G. Brookman, K. Koester Commissioners absent: J. Twait, S. Romain, P. Bryson (excused) Staff /Council Liaison present: City Planner M. Kebschuli, City Planning Administrative Assistant N. Carver, Council Member B. Eldridge, Deputy City Clerk C Hall 1 -b. Agenda Approval Commissioner Brookman read the following changes to the agenda: ADD: MOTION: Commissioner Brookman MOVED to approve the agenda with the changes and Commissioner Koester SECONDED the motion. There were no objections. SO ORDERED. 1 -c. MOTION: 7 -a. New Business PZ10 -22 Townsite Historic Zone Development Review Holy Assumption Russian Orthodox Church, 1 105 Mission. Avenue, Kenai Alaska Building Permit 11 -d. Information Items "Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions." Consent Agenda Commissioner Brookman MOVED to approve the consent agenda and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED, -146- 1 -d. *Excused Absences Commissioner Phil Bryson 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 June 9, 2010 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT None ITEM 4• CONSIDERATION OF PLATS None ITEM 5: PUBLIC HEARINGS 5 -a. PZ10 -19 (PZ09 -45) An application to modify an existing Conditional Use Permit for a Private Family RV Park for the property known as Lot 7, Anglers Acres Subdivision Part 3 (1115 Angier Drive). Application submitted by Richard Ames William Bancroft, 8650 Augusta Circle, Anchorage, Alaska. City Planner Kebschull read the staff report included in the packet, recommending approval with the following requirements: 1. The existing septic system must be dismantled and may not be used. 2. A port -a -potty must be rented and placed on the property for use during the 2010 season. Facility must be pumped weekly, or as needed. 3. Provide documentation that an engineer has been contracted to design an approved ADEC system for on -site water and sewer facilities. 4. Building Official must conduct a final inspection on the gazebo to verify the structure meets the building code requirements. Final inspection and approval must be completed no later than August 31, 2010. 5. ADEC approved system must be installed prior to May 31, 2011. Kebschull added, the remaining conditions imposed under the original permit would continue as requirements of the permit, as follows: 1. Limit number of permanent trailers and structures to the existing structures, 2. Limit use to operating during the period of May 1 through October 15. 3. Fees shall not be charged for RV occupancy. MOTION: PLANNING ZONING COMMISSION MEETING JUNE 23, 2010 PAGE 2 -147- Well YES 1 Iwait YES Bryson I EXCUSED Rogers YES j Brookman YES Koester YES Romain ABSENT Commissioner Brockman MOVED to approve PZ10 -19 with staff recommendations and Commissioner Koester SECONDED the motion. Wells 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. Commissioner Twait an at 7:12 p.m. Commissioner comments included whether to add stipulations to the placement of the port -a- potty. There were no additional comments. VOTE: MOTION PASSED UNANIMOUSLY. Wells read the 15 -day appeal process procedures. Wells passed the gavel to Commissioner Twait and Twait took the chair. 5 -b. MOTION: PZ09 -30 Revocation hearing revoking Conditional Use Permit Lynford Disque dha Circle D Restoration and Racing (Outside Storage Yard) 2021 Wyatt Way (KN E1/2 W1/2 NW1 /4 NW1 /4). Commissioner Wells MOVED to revoke the Gonditional Use Permit and Commissioner Koester SECONDED the motion. Kebschull reviewed the staff report included in the packet, and requested Planning Administrative Assistant Carver provide comment as the Code Enforcement Officer. Nancy Carver, Code Enforcement Officer, City of Kenai Carver reviewed the history of the code violation information which was included in the packet. Kebschull noted, after the revocation, a code enforcement order would be issued and the applicant would have 15 days in which to fulfill the requirements. Twait opened the meeting to public hearing. Lynford Disque, 2021 Wyatt Way, Kenai Disque (the applicant) apologized for not following through with the original requirements and noted, the delay was due to his unemployment. PLANNING ZONING COMMISSION MEETING JUNE 23, 2010 PAGE 3 -148- Wells 1 YES Twait YES Bryson Koester EXCUSED YES Rogers YES Brockman YES Romain ABSENT There being no one else wishing to speak, the public hearing was closed. Commissioner comments included: The issue was the revocation of the Conditional Use Permit, not the code The procedure, after revocation, would be the issuance of an enforcement Fines would be issued or a lien placed against the property. violations. order. VOTE: MOTION PASSED UNANIMOUSLY. Twait read the 15 day appeal process procedure. ITEM 6: ITEM 7: General discussion followed. UNFINISHED BUSINESS None NEW BUSINESS 7 -a. PZ1O -22 Townsite Historic Zone Development Review Holy Assumption Russian Orthodox Church, 1105 Mission Avenue, Kenai, Alaska Building Permit Application. Kebschull reviewed the staff report included in the lay down at the beginning of the meeting, noting the Church had received funding to stabilize the structure; was applying for a building permit to complete the work; the Commission was required to review all building permits for properties included in the Preservation Plan; and, that no action needed to be taken. ITEM 8: PENDING ITEMS None ITEM 9: REPORTS 9 -a. City Council Council Member Eldridge reviewed the action agenda items of the June 16, 2010 City Council meeting included in the packet. 9 -b. Borough Planning No Report. 9 -c. Administration Kebschull reported the City of Soldotna would be holding an Open House on July 1, 2010 from 1:00 8:00 p.m. to review the draft Comprehensive Plan and invited the Commissioners to attend. PLANNING ZONING COMMISSION MEETING JUNE 23, 2010 PAGE 4 -149- ITEM 10: ITEM 11: 11 -a. 11 -b. 11 -c. 11 -d1, PERSONS PRESENT NOT SCHEDULED None INFORMATION ITEMS Zoning Bulletin (May 25, 2010) PZ10 -20 Landscape /Site Plan Hall Quality Builders An Automotive Transmission Shop 1152 Bridge Access Road (Lot 3, Baronwood Subdivision #3) Code Enforcement Success 1202 Lilac Lane "Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions" Kebschull suggested the Commission consider holding work sessions prior to the regular meeting, rather than after. Commissioners agreed and Kebschull reported all. future work sessions would be scheduled prior to regular meetings. ITEM 12: COMMISSION COMMENTS QUESTIONS Brookman noted he had been called for a 60 -day Federal Jury Duty in Anchorage and would request excused absences if the need arose. ITEM 13: MOTION: ADJOURNMENT Commissioner Brookman MOVED to adjourn and Commissioner Koester SECONDED the motion.. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 7:47 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PLANNING ZONING COMMISSION MEETING JUNE 23, 2010 PAGE 5 -150- fhe c <'fy of KENA\ ALASKA DATE: t l 0 `r_ NAME: &12.A 1 G S ANic 1 t Resident of the City of Kenai? liL. How long? Residence Address o b i k) rips 1 DrL.1w ti 2 q Mailing Address 1 0. nit" Y Home Telephone No. 0) l' 3r (p 7 2 Home Fax No. Business Telephone No a p 3.- 6 S' 7 7 Business Fax No. �N 3 LIG 9* 1 Email Address: C. 14. 6 May we include your contact information on our web page? ALL I fs EMPLOYER: III, tunas' 41) NAME OF SPOUSE: t t %4/V f 4AJtUliVC0 Current membership in organizations: include? Past organizational memberships. CITY OF KENAI 16 T "Village with a past City with a fatal BACKGROUND AND PERSONAL DATA CANDIDATES -FOR APPOINTMENT COMMITTEES AND: COMMISSIONS At y G 4 5 RETU KENAI CITY CL 210 FIDALGO AVENUE KENAI, AK 99611 JAN 1 1 2010 KEtgAI CITY CLERK PH ONE: 283 -7535, EXT. 231 FAX: 283 -5068 not all, what information may we Job Title vc,,t 30 L(,e- c a-0 9 i ¢.ems✓ /f5 Ar 04.c_Cu+wKn COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: 1 WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? G» v l Ni' GAGA i b e re\ M t fr.) r r s -f Qt A.a 5,ct cat. Q r c Cyr WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? k/u J Pao l 6,t7 gia eN Ted ova REPORT OF THE CITY ATTORNEY 2)01- When recorded return to: Gust Rosenfeld One East Washington, Suite 1600 Phoenix, AZ 85004 -2553 Attention: Steven K. Rendell Kenai. AK RECORD OF' TER.MIN?ATION OF REPURCHASE RIGHT This Record of Termination of Repurchase Right is made this day of July, 2010, by the City of Kenai, Alaska, (the City), an Alaska home rule municipality, whose address is City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska 99611. The City acknowledges that the City's repurchase right under paragraph 34 of that certain Purchase Agreement dated March 7, 2007, between the City and Wal Mart Stores, Inc., which repurchase right was further memorialized in a Memorandum of Repurchase Right recorded at Serial No. 2008 004560 -0, Kenai Recording District, Third Judicial District, State of Alaska, is extinguished and the right of repurchase thereunder is terminated. The Purchase Agreement, the Memorandum of Repurchase Right, and this Record of Termination of Repurchase Right affects real property of approximately 38.224 acres in the City of Kenai, and further described as Tract I, Baron Park 2005 Replat, Third Judicial District, State of Alaska. 1305270.1 6/30/2010 CITY OF KENAI By: Rick R. Koch Its: City Manager -152- STATE OF ALASKA THIRD JUDICIAL DISTRICT The foregoing instrument was acknowledged before me this day of July, 2010, by Rick R. Koch, City Manager for the City of Kenai. Approved as to form: Krista S. Stearns, City Attorney Attest: Carol L. Frcas, City Clerk 1305270.1 6/30/2010 Notary Public for Alaska My Commission Expires: 2 -153- REPORT OF THE CITY CLERK 1(1 KENAI, ALASKA Mayor and Council Members TO: FROM: Carol L. Freas, City,C, -rk DATE: July 1, 2010 RE: "Village with a Past, Ci y with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 FAX: (907) 283 -3014 www.ci.kenai.ak.us MEMO NDUM AMENDED "KENAI CITY COUNCIL POLICY FOR COMMISSION, COMMITTEE, BOARD AND COUNCIL ON AGING MEETINGS AND WORK SESSIONS Attached is a copy of the newly amended Ken.ai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions (Policy) for your record. The amendments include those Commission /Committee requests for changes in meeting time and/or dates. In addition, a copy of the amended Policy will be distributed to all the Commission /Committee Members and Department Heads. Further, at the June 16, 2010 Council meeting, a question arose of whether meetings must be held if it is known a quorum will not he present prior to the meeting. The following information may be of some assistance to you as you continue to consider this issue. Packet: Meeting packets are prepared and posted by the City Clerk's Office a week prior to the meeting. The Clerk uploads meeting agendas and packets to the City webpage, posts the agenda on the Official Bulletin Board, and in the case of the Planning Zoning Commission, Parks Recreation Commission and Airport Commission, the agenda is published in the newspaper. The practice has been to proceed with meetings after packet circulation and posting of the public notice. This practice began many years ago when the Council, as well as the City Clerk and City Attorney, were concerned about inconvenience to the public when scheduled public meetings were cancelled on short notice (typically after the Clerk was informed there would be no quorum). The practice at that time was to cancel meetings (even on the same day as the meeting) and place a sign on the front door of City Hall stating the meeting had been cancelled. It was thought that because they were scheduled public meetings and there was little notice to the public the meeting would be cancelled, it -155- Memorandum /Policy Procedures for Commissions, etc. July .1, 2010 Page 2 was insufficient public notice along with the public perception when arriving for a meeting and finding a sign on the door and City Hall doors locked. Additionally, there were meetings when some members of the commission/committee attended, but there was no quorum. The City Council directed. th,e Clerk to provide attendance records of who did attend in order for Council to make changes in the membership if thought to be appropriate. Pre- Packet: If it known there will not be a quorum prior to preparation of the packet and posting of the agenda, or if there are no agenda items to require a meeting, the Department representative to the commission/ committee, etc., contacts the City Clerk and requests the meeting he cancelled. The Clerk then considers whether the cancellation request is warranted under the Policy. If conditions for cancellation are warranted, the Clerk may cancel the meeting and then provide notification of same to the Council and the City Manager. This process is set forth in the Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions. In this case, no packets are prepared and circulated. The Clerk provides a notice to the commission /committee membership, posts the notice of cancellation on the City webpage (Calendar of Events and the particular commission /committee meeting agenda page), posts the notice on the Official Bulletin Board, and, if warranted, publishes a notice in the newspaper. Appointment of Members: Each time someone is appointed to a commission /committee, etc., the City Clerk sends a letter notifying the of the appointment and provides them copies of the following: 1. 2, 5. 6. 7 8. KMC Chapter 1.90 entitled, "Standard Procedures for Commissions and Committees." Policy regarding boards, commission and committees needing Council approval to request donations from the public and businesses. Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and work sessions. "Open Meetings Act" memorandum. 8/27/03 C.R. Graves memorandum entitled, Commission and Committee Powers. Kenai Municipal Code specific to the Commission /Committee or Council on Aging By -Laws. The City of Kenai Comprehensive Plan and Alaska Planning Commission Handbook (Planning Zoning Commission Members only) The Commission /Committee Membership List for that particular commission/ committee. The appointment letter also notes when the meetings are held and that packets are forwarded to the members prior to the meeting. -156- Memorandum /Policy Procedures for Commissions, etc. July 1, 2010 Page 3 Member Notices of Absences: It would be very helpful if members would inform the Clerk or responsible Department representative whether they can attend the next meeting scheduled meeting (barring any unforeseen circumstances). Each agenda, which is attached to the meeting packet, includes a note to contact either the Department representative or the City Clerk to inform the City whether the member will be in. attendance. There are few specific procedures that members must follow in terms of their attendance at scheduled meetings. The Kenai Municipal Code was amended several years ago to allow members to request excused absences. To date, this process is used primarily by the Planning Zoning Commission members. For reasons unknown, members of other cormnissions /committees rarely exercise this option. Meeting Packet Preparation /Posting: The Clerk posts notices of meetings as follows: Board. By posting a copy of the agenda on the Official City of Kenai Bulleti The agenda and packets are uploaded to the City's webpage a week prior to the meeting. Public notices for the Airport, Parks Recreation, and Planning Zoning Commissions are published in the Clarion due to the nature of their business. On the Calendar of Events. This page lists all public meetings, work sessions, etc. and is updated at least monthly by the Clerk as new information is received. Suggestions: Workable procedures for commission /committee, etc. have always been complicated because our members are volunteers. If the procedures get too strict, the Council's perennial concern has been the volunteers may decide to end their participation. Below are some suggestions Council might consider, keeping those previously expressed concerns in mind: include on the Commission /Committee, etc. agendas a permanent item (perhaps Next Meeting Attendance Notification) as a reminder for members to give notice of whether they will be in attendance at the next meeting and allow the cancellation procedure to take place well ahead of time. (Council and Administration can do what we can to assist, but it is the member who is responsible for informing of scheduled absences.) Department representatives to the particular commission/committee contact members before the day packet material is due to the City Clerk for -157- Memorandum /Policy Procedures for Commissions, etc. July 1, 2010 Page 4 preparation and mailing in order for the need of a cancellation to be identified. This may already be occurring, but periodic reminders may be helpful. Provide a rule that meetings may be cancelled up to three days prior to the meeting (and after the agenda and packets are posted) by notice to the membership, posting the cancellation on the Official Bulletin Board, City's website, and front door of City Hall (this would be done the night the meeting was to be held where the notice may be seen by the public after office hours). Less than three days could be problematic when considering the Clerk's workload, etc. Additionally, less than three days would not allow publication of a cancellation in the newspaper. If this direction is taken, consideration should be given as to whether the procedure should be codified because it would be instituting a rule with regard to notification to the public, etc. It should also be determined whether a rule such as this could apply to the Planning Zoning Commission because of their business, specific Code and statutory requirements, etc. clf Attachment cc: City Attorney Stearns City Manager Koch -158- Commission /Committee /Board Meeting Schedule Scheduled Meeting Days 4 Planning Zoning Commission Twice monthly I January through December, Second Fourth Wednesdays Library Commission Monthly First Tuesday of the month. Second Thursday of the month. Council on Aging I Monthly Beautification Committee Meetings held January, April, May, September and October Second Tuesday of the month. Parks Recreation Commission Meetings held August, October, December, February, and April First Thursday of the month, Airport Commission Monthly Second Thursday of the month. Harbor Commission Monthly First Monday after first council meeting of the month. Advisory Cemetery Committee Monthly Third Thursday of the month. (Sunsets on December 31, 2010,) KENAI CITY COUNCIL POLICY FOR COMMISSION, COMMITTEE, BOARD AND COUNCIL ON AGING MEETINGS AND WORK SESSIONS Commission Committee Board Reappointment: If, after a term (or consecutive Mini) of appointment has been completed, a commission, committee or board member would like to be reappointed for an additional term, an application must be submitted to council for consideration and approval. Formation of Subcommittees of Commissions, Committees or Boards: A subcommittee of a commission, committee or board may be formed far a specific function if upon review by administration, it is indicated the subcommittee would be a governmental body and a subcommittee of a public entity and if the fof nation is approved by Council. If a subcommittee is approved by Council, the meetings of the subcommittee must be open to the public; meeting notices shall be posted on the Official City Bulletin Board in Kenai City Hall and an the city website at least five (5) days prior to the meeting; and the meetings may be electronically recorded and the recordings (the official record) stored in the City Clerks Office. Meetin• Schedules: Until further notice, the commission /committee meeting schedule is as follows: 1. Commission, committees and boards, including Library, Parks Recreation and Airport Commissions and Beautification Committee, shall meet as listed above. 2. Council on Aging shall meet monthly at the Kenai Senior Center. 3. Planning Zoning Commission and the Personnel Arbitration Board is exempted from this meeting directive. 4. Commissions, committees, boards and the Council on Aging may, with the City Clerk's approval and notification of Council and City Manager, hold special meetings (for a specific purpose) on an as- needed basis. 5. Commission, committee and board meetings may be cancelled by the City Clerk, with notification of Council and City Manager, if cancellation is warranted, e lack of agenda items, pre- knowledge of lack of quorum, etc. -159- KENAI CITY COUNCIL POLICY FOR COMMISSION, COMMITTEE, BOARD AND COUNCIL ON AGING MEETINGS AND WORK SESSIONS PAGE 2 6. All commission, committee and board meetings (except Council on Aging) will be held at Kenai City Hall and begin at 7:00 p.m. Council on Aging meetings will be held at the Kenai Senior Center and begin at 4.30 p.m. Exceptions for subcommittee meetings may be made with advance notice to and approval by the City Clerk. 7. Any additional commissions, committees, or boards formed will be set and incorporated into the following meeting schedule by the City Council, Minutes /Meeting Recording: 8. Excepting the Planning Zoning Commission and Personnel Arbitration Board, responsibility of taking notes and electronically recording the commission, committee, board meetings, falls to the department liaison. (staff member) to the specific meeting group. 9, Summary minutes will be produced by the City Clerk from the department Faison notes and provided to the City Council as official records of the meetings. 10, Electronic recordings of the meeting group, except the Planning Zoning Commission, shall be kept for two years. 11. Planning Zoning Commission meeting recordings shall continue to be kept for six years. Work Sessions: 12. Commission, committees and boards shall receive the City Clerk's approval to hold work sessions to be held on a date other than that of a regularly scheduled meeting or at a time immediately prior to a regularly scheduled meeting, i.e. a 6:00 p.m. work session before a 7:00 p.m. meeting. 13. Work sessions may not be h.eid without the approval of the City Clerk unless they occur on the night of and at the time of a regularly- scheduled advertised meeting.. 14. During work sessions, only items on the work session agenda may he discussed and no formal actions may be taken. 15. All commission, committee and board meetings must be given appropriate public notice. Basic MeetinE Information: 16. Rules of Order: Pursuant to KMC 1.15.120(b) and KMC 1.90.050(c), in all matters of parliamentary procedure, Robert's Rules of Order, as revised shall be applicable and govern all meetings, unless as specified in KMC 1.15.060 (motions), KMC 1.15.100 (speaking), and KMC 1.15.110 (voting). 17. Quorum: No meeting may proceed in the absence of a quorum, i.e. a quorum is more than one -half of the board /commission (quorum of the whole). 18. Motion: Pursuant to KMC 1.15.060(k), all motions require a second. A majority of votes is required to pass a motion (three, if a five- member board; four, if a seven member commission; five, votes if a nine member board), 19. Speaking: In a meeting, members should be recognized by the Chair before speaking. 20. When is it a Meeting If any public business is discussed collectively by four or a majority of members of one commission, committee, board, or council. EFFECTIVE: This directive shall take effect June 17, 2010 and remain in effect until modified by the Kenai City Council. -160- KENAI CITY COUNCIL POLICY FOR COMMISSION, COMMITTEE, BOARD AND COUNCIL ON AGING MEETINGS AND WORK SESSIONS PAGE 3 Approved by the Kenai City Council on the 16th d J' 2010. 01 a PAT PORTER, MAYOR ATTEST: Carol L. Freas City Clerk clf Revised 6/16/2010 -161- INFORMATION ITEMS 01 INFORMATION ITEMS KENAI CITY COUNCIL MEETING JULY 7, 2010 1. 7/7/2010 Purchase Orders Between $2,500 and $15,000 for council review. 2. Budget Transfer in Capital Projects in excess of 5,000. 3. Public Notice /Emergency Declaration of Bear Problem Area. 4. 7/1/2010 RK memorandum regarding a draft substitute Ordinance No. 2943- 2010 for Council review and requesting comments. 6/22/2010 J. Mason, Grants Administrator, Alaska Department of Commerce Community and Economic Development State funding appropriation notification /FY2011 Designated Legislative Grant for the purpose of Kenai River Bluff Stabilization in the amount of $250,000.00. 6. 7/6/2010 Kenai Peninsula Borough Assembly Meeting Agenda. -163- LLD 1) Z 0 U 0 LL 0 O O O 0 un 0 Z 0 0 o 0 r N o N Z W W u- O 0 W 0 C W O Ly u Q U O z CC 0 9. D- O z i- 0 O CV CO M w E. U z J J 2 0 0 0 O to 0 W -164- z W U° Q 0 1— U' z ce Y 0 0 a. 0 4 0 uJ w W z z J W J CO U Uy} CD O a 0 DC 2 DC cn Village witti a Past Ct with aFtture 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 Fax: 907 283 -3014 www.ci.kenai.ak.us PUBLIC NOTICE EMERGENCY DECLARATION OF BEAR PROBLEM AREA Per Kenai Municipal Code (KMC) 9.10.010 the City Manager has declared an area generally described as beginning at the eastern municipal boundary extending to a point at approximately mile 7 of the Kenai Spur Highway, and as shown on the attached map. In a "Bear Problem Area all garbage containers must be City- Approved bear resistant containers. A list of City- approved bear resistant containers is available at the City Manager's office and the City's official website at www.ci.kenai.ak.us. The effective date of the declaration is July 5, 2010 at 12:01 AM. For additional information please contact the City Manager's office at (907)283 -8223. e with a Past, Gity with a Future" 210 Fidaigo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283.7535 Fax: 907- 283 -3014 www.ci.kenai.ak.us PUBLIC NOTICE EMERGENCY DECLARATION OF BEAR PROBLEM AREA Per Kenai Municipal Code (KMC) 9.10.010 the City Manager has declared an area generally described as beginning at the eastern municipal boundary extending to a paint at approximately mile 7 of the Kenai Spur Highway, and as shown on the attached map, as a "Bear Problem Area? In a "Bear Problem Area all garbage containers must be City- Approved bear resistant containers. A list of City approved bear resistant containers is available at the City Manager's office and the City's official website at www.ci.kenai.ak.us. The effective date of the declaration is July 5, 2010 at 12:01 AM. For additional information please contact the City Managers office at (907)283.8223 -166- BEAR PROBLEM AREA I Kenai Sour Hwy 4 1 ea ma —I I 1_ L f IA Loop id tik FL' Beaver EMERGENCY DECLARATION EFFECTIVE JULY 6. 2010 e with a Past, Gity with a Future" 210 Fidaigo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283.7535 Fax: 907- 283 -3014 www.ci.kenai.ak.us PUBLIC NOTICE EMERGENCY DECLARATION OF BEAR PROBLEM AREA Per Kenai Municipal Code (KMC) 9.10.010 the City Manager has declared an area generally described as beginning at the eastern municipal boundary extending to a paint at approximately mile 7 of the Kenai Spur Highway, and as shown on the attached map, as a "Bear Problem Area? In a "Bear Problem Area all garbage containers must be City- Approved bear resistant containers. A list of City approved bear resistant containers is available at the City Manager's office and the City's official website at www.ci.kenai.ak.us. The effective date of the declaration is July 5, 2010 at 12:01 AM. For additional information please contact the City Managers office at (907)283.8223 -166- KENAI�ALASKA V MEMO: "Village with a Past, Git with a Future" -167- 210 FideIgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907 283 -3014 TO: City Council FROM: Rick Koch DATE: July 1, 2010 SUBJECT: Ordinance 2943 -2010 The purpose of this correspondence is to provide information to the Council regarding the above referenced ordinance on which action was postponed until August 4, 2010. Attached is a draft substitute prepared by administration. Please direct any comments to me and I will work with Councilor Boyle, the maker of the ordinance, to incorporate appropriate changes. t e d 1992 the uty o f KEN AI, AALII SKA MEMO: with a Past; CL y with a Future" '11!I 1 210 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: 6125/10 SUBJECT: Request Ordinance Establishing 25 mph Speed Limit on the North Beach Chapter 13.40 of the Kenai Municipal Code addresses "Off -Road Operations of Motor Vehicles' in the City of Kenai. KMC 13.40.040 specifically addresses speed limits of off road vehicles and states the following: The speed limit shall be ten (10) mph while riding in a right -of -way of a residential or business area, a parking lot, or as authorized in KMC 13.40.020(c), or in close proximity of another person(s). Off-road vehicle operations are permitted on the North Beach to the north of S. Spruce St., and are prohibited to the south of S. Spruce St. During the annual dipnet fishery the beach area north of S. Spruce St. is occupied by hundreds of dipnet participants and their families. The current KMC chapter mandates that any off -road vehicles operating in close proximity to persons shall not exceed 1 Omph. In addition to dipnet participants, many people recreate on the North Beach throughout the summer months, and there have been complaints of ATVs traveling too fast while pedestrians are present on the beach. Set net fisherman operate beach vehicles on this section of the beach throughout the salmon harvest season (June to August) and need to travel at minimum speeds to avoid getting stuck. I am requesting an ordinance to add a section to KMC 13.40.040 which would establish a 25 mph speed limit on the North Beach from S. Spruce St. to Rocky Point. As a comparative reference, in the State of Alaska the speed limit for residential streets is 25 mph unless otherwise posted. I feel 25 mph is a reasonably safe speed for off -road vehicle operations on the North Beach. This will help ensure the safety of dipnet participants and others recreating on this popular section of beach. The 25 mph speed limit is also a reasonable speed for set net vehicles to travel the North Beach without getting stuck. I recommend that KMC 13.40,040 is amended as follows (new wording is underlined, while all existing wording is not underlined and remains unchanged): 13.40.40 Speed Limits The speed limit shall be ten (10) mph while riding in a right -of -way of a residential or business area, a parking lot, or as authorized in KMC 13,40.020(c), or in close proximity of another person(s). The speed limit shall be 25 mph while riding anywhere on the North Beach between S. Spruce St. and Rocky Point. unless traveling in close proximity to another person(s), in which case the speed limit shall decrease to ten (10) mph (see map for specified 25 mph zone). -169- Ehc city of ENAI. ALASKA CITY OF KENAI ORDINANCE NO. 2943 -2010 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING TITLE 13 OF THE KENAI MUNICIPAL CODE TO ESTABLISH A SPEED LIMIT OF 25 MPH ON THE NORTH BEACH FROM S. SPRUCE ST. TO ROCKY POINT. WHEREAS, KMC 13.40.040 addresses speed limits for off -road vehicles and states, "The speed limit shall be ten (10) mph while riding in a right -of -way of a residential or business area, a parking lot, or as authorized in KMC 13.40.020(c), or in close proximity of another person(s);" and, WHEREAS, establishing a 25 mph speed limit on the North Beach from S. Spruce St. to Rocky Point will help to ensure the safety of people oc <upying the beach; and, PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of 2010. 13.40.40 Speed Limits The speed limit shall be ten (10) mph while riding in a right -of -way of a residential or business area, a parking lot, or as authorized in KMC 13.40.020(c), or in close proximity of another person(s). The speed limit shall be 25 mph while riding anywhere on the North Beach between S. Spruce St. and Rocky Point, unless traveling in close proximity to another personlsl, in which case the speed limit shall decrease to ten 110) mph Jsee map for specified 25 mph zone). WHEREAS, retaining existing wordirig of KMC 13.40.040 will help ensure that off -road vehicles do not exceed 10 mph while in close proximity to people; and, WHEREAS, adding the following sentence to KMC 13.40.240 will establish a 25 mph speed limit in the designated North Beach area "The speed limit shall be 25 mph while riding anywhere on the North Beach between S. Spruce St. and Rocky Point, unless traveling inclose proximity to another person(s), in which case the speed limit shall decrease to ten (10) mph (see map for specified 25 mph zone). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY, OF KENAI, ALASKA, that KMC 13.40.040 is hereby amended as follows (new sentence is underlined): -170- SUBSTITUTE Suggested by: Administration ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR New Text Underlined• [DELETED TEXT IIRACICETED] -171- Introduced: Adopted: Effective: n■ 1. Motori 2. Speed C 13.40°040 NORTH SHORE CH SPEED LIMITS les Allowed r KMC 1. Motorized Vehicles Allowed 2. Speed Limit 25 mph or 10 mph per KMC 13.44.049 Appendix W -172- No Motorized Vehicles Allowed Ordinance Substitute June 22, 2010 The Honorable Pat Porter Mayor City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Dear Mayor Porter: Sincerely, �6 Nl oe'J, Jean Mason Grants Administrator STATE OF ALASKA D E P A R T M E N T O F COMMERCE COMMUNITY AND ECONOMIC DEVELOPMENT Division of Community and Regional Affairs Grants Section RECEIVED SUN 3 201G ENAI CITY CLERK RE: FY-20I1 Designated Legislative Grant (Municipality) P.O. Box 210809, Juneau, Alaska 99811 -0809 Telephone: (907) 465 -5647 Fax (907) 465 -5867 -Text Telephone: (907) 465 -5437 Email: jean.mason @alaska.gov Website: http: /www.commerce.alaska.gov -173- Or' Sean Parnell, Governor Ec i/ JUotti, Commissioner TaraJallie, Director I am pleased to notify you that City of Kenai has been appropriated a FY -2011 Designated Legislative Grant per AS 37.05.315 for the purpose of Kenai River Bluff Stabilization. The amount of State funding available for this grant is $250,000.00. In order for the grant funds to be released, you must enter into a grant agreement with the Department of Commerce, Community and Economic Development for this project. Please provide the following information at your earliest convenience via mail, fax or email: 1. Project description that explains how the grant funds will be utilized. This should include a scope of work, proposed project timeline, and budget narrative. 2. Name and Title of the highest ranking official authorized to execute the grant agreement and other grant documents. 3. Contact information including name, title, telephone /fax numbers and email address for the person who will be responsible for administering this grant. Upon receipt of the above, I will prepare and send the Grant Agreement for signature. If you have any questions, please contact me at (907) 465 -5647. Congratulations on this grant award, I look forward to working with you to ensure the success of this project. Kenai Peninsula July 6, 2010 7 :00 PM Pete Sprague Assembly President Seat 4 Soldotna Term Expires 2010 Hai Smalley Assembly Vice President Seat 2 Kenai Term Expires 2011 Pau? Fischer Assembly Member Seat 7 Central Term Expires 2010 Adako Haggerty Assembly Member Seat 9 Smith Peninsula Term Expires 2012 Gary Knapp Assembly Member Seat 1 Kaltfornsky Term Expires 2012 Sue McClure Assembly Member Seat 6 East Peninsula Term Expires 2012 Charlie Pierce Assembly Member Seat 5- Sterling /Funny River Term Expires 2011 Bill Smith Assembly Member Seat 8 Homer Term Expires 2011 Gary Superman Assembly Member Seal 3 Nikiski Term Expires 2010 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. INVOCATION D. ROLL CALL E. COMMITTEE REPORTS F. APPROVAL OF AGENDA AND CONSENT AGENDA (All items listed with an asterisk (t) 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.) G. APPROVAL OF MINUTES H. COMMENDING RESOLUTIONS AND PROCLAMATIONS I, J. 1 PRESENTATIONS WITH PRIOR NOTICE (2 minutes tot ough Agreements and Contracts Assembl A enda Regular Meeting -174- Borough Assembly Chambers, Soldotna, Alaska June 22, 2010 Regular Assembly Meeting Minutes PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (3 minutes per speaker; 20 minutes aggregate) K. MAYOR'S REPORT 14 a. Authorization to Award Contract for Exterior School Door Replacement 2010 to Holden Company for the Nikiski Middle /High School, Kenai Central High School, Soldotna High School Soldotna Middle School and Soldotna Elementary School 15 b. Authorizing Award of Contract for the Borough Administrative Building IT Room AC Upgrades to Blazy Construction 17 July 6, 2010 Page 1 of 5 c. Authorization to Award Contract for the Road Service Area Summer Winter Road Maintenance North Region, Unit 5, to Nikiski Equipment Company 19 d. Authorizing Award of Contract for the Aurora Borealis Charter School Parking Lot Expansion to Alaska RoadBuilders, Inc. 20 e. Request for Waiver of Formal Bidding Procedures for the Tusttunena Elementary School Sidewalk/Handicap Ramp to J.D. Contractors 22 Authorizing Award of Contract for the Tustumena Elementary School Water Treatment Building to Arneson Builders 24 2. Other a. Tax Adjustment Request for Approval dated June 10, 2010 26 L, ITEMS NOT COMPLETED FROM PRIOR AGENDA None M. PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker) 1. Ordinance 2010 -19 -01: Appropriating Supplemental Funding of $450,000 for Costs Associated with Housing the MRI Machine at South Peninsula Hospital (Mayor) (Referred to Finance Committee) 29 2. Ordinance 2010 -25: Enacting KPB 14.31.145, Deferral of Payments, to Authorize Economically Disadvantaged Residents to Defer Payments for Road Improvement Assessments (Mayor) (Referred to Policies and Procedures Committee) 35 3. Ordinance 2010-26: Adopting the 2010 Update to the Kenai Peninsula Borough All- Hazard Mitigation Plan (Mayor) (Referred to Lands Committee) 38 N. UNFINISHED BUSINESS None. O. NEW BUSINESS Bid Awards *a, Resolution 2010- 059: Authorizing Capital Improvement Project Cost Allocation and Award of a Contract for the 2010 Belnap Drive, Agusta Lane and Agusta Circle Capital Improvement Project S 5BEL (Mayor) (Referred to Finance Committee) 5 July 6, 2010 Page 2 of 5 -175- 2. Resolutions *a. Resolution 2010 -060: Aceeptin.g $150,000 from the Alaska Department of Military and Veternas Affairs for Emergency Management Operations (Mayor) (Referred to Finance Committee) 55 3. Ordinances Resolution 2010 -061: Authorizing the Sole Source Award of a Contract for the Construction of a Magnetic Resonance Imaging Building at the South Peninsula Hospital to Jay -Brant General Contractors (Mayor, Haggerty) (Referred to Finance Committee) 61 [Clerk's Note; During the Finance Committee, Executive Session may he held J Resolution 2010 -062: Supporting the Planning Process Undertaken by the Central Area Rural Transit System Organization to be Submitted to the State of Alaska Department of Transportation and Public Facilities (Mayor) (Referred to Legislative Committee) 70 Resolution 2010 -063: Authorizing the Standardization of HVAC Direct Digital Control (DDC) Systems to the Siemens DDC System (Mayor) (Referred to Finance Committee) 75 `a. Ordinance 2010- 19 -03: Accepting and Appropriating $22,829 from the Alaska Department of Ivlilitar' and Veteran Affairs, Division of Homeland Security and Emergency Management to Support the Activities of the Kenai Peninsula Borough Local Emergency Planning Committee (Mayor) (Hearing on 08/03/10) (Referred to Finance Committee) 78 *6. Ordinance 2010- 19 -04: Appropriating $20,000 for Replacement of the Showers at the North Peninsula Recreation Service Area Pool (Mayor) (Hearing on 08/03/10) (Referred to Finance Committee) 83 Ordinance 2010- 19 -05: Accepting and Appropriating $10,000 from the Alaska Department of Natural Resources for the Volunteer Fire Assistance Program for Kachemak Emergency Service Area (Mayor) (-fearing on 08 /03(10) (Referred to Finance Committee) 86 July 6, 2010 Page 3 of 5 -176- 4. Other Ordinance 2010- 19 -06: Authorizing the Acquisition of Three Properties at Fair Market Value Adjoining the Central Peninsula Hospital for Hospital Purposes, Appropriating $2,312,650 from the CPGH, Inc. Plant Replacement and Expansion Fund for the Purchase and Associated Costs, and Authorizing an Amendment to the CPGH, Inc. Lease and Operating Agreement (Mayor) (Hearing on 08/03/10) (Referred to Finance Committee) 91 Ordinance 2010 -28: Providing for a Vote on the Question of Adopting a Manager Plan of Govemment at the Next Regular Election, Effective After the 2011 Election (Pierce, Knopp) (Hearing on 08/03/10) (Referred to Policies and Procedures Committee) 123 Confirming Re- Appointments to the Kenai Peninsula Borough Planning Commission (Referred to Policies and Procedures Committee) 126 Appointment Board Seat Tenn Expires Phillip \V. Bryson City of Kenai July 31, 2013 Harry Lockwood Ridgeway July 31, 2013 Rick Foster City of Homer July 31, 2013 Alice Joanne Collins Anchor PointiNinilchik July 31, 2013 Authorizing an Application for a New Liquor License Filed by Fraternal Order of Eagles Kasilof Aerie 1#4317 (Referred to Finance Committee) 132 P. PUBLIC COMMENT'S AND PUBLIC PRESENTATIONS (3 minutes per speaker) Q, ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS 1. August 3, 2010 Regular Assembly Meeting 7:00 PM Soldotna R. ASSEMBLY COMMENTS July 6, 201C Page 4 of 5 -177- S. PENDING LEGISLATION (This item lists legislation which will be addressed ata later date as noted.) 1. Ordinance 2010 -27: Providing for the Submission to the Qualified Voters of the Kenai Peninsula Borough the Question of the Issuance of Not to Exceed Sixteen Million Eight Hundred Sixty -Six Thousand Five Hundred Dollars 16,866,500) of General Obligation Bonds of the Kenai Peninsula Borough to Pay the Costs of Educational Capital Improvements in the Borough at an Election in and for the Kenai Peninsula Borough on October 5, 2010 (Mayor) (Hearing on 08103/10) (Referred to Policies and Procedures 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 August 3, 2010, at 7:00 P.M. in the Borough Assembly Chambers, Soldotna, Alaska. ThLs• meeting will be broadcast on KDLL -FM 91.9 (Central Peninsula), KBBI -AM 890 (South Peninsula), K201A0 -FM 88.1(East Peninsula). Copies of agenda items are available at the Borough Clerk's Office in. the Meeting Room just prior to the meeting. For further information, please call the Clerk's Office at 714 -2760 or toll free within the Borough at 1 -800- 478 -4441, Ext. 2160. Visit our website at www.boroughkenatalcus for copies of the agenda, meeting summaries, ordinances and resolutions. July 6, 2010 Page 5 of5 -178- NOTICE OF PUBLIC HEARING JULY 7, 2010 CITY OF KENAI COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and /or Resolution(s) on the above -noted meeting date. 1. Ordinance No. 2494 -2010 Amending the Kenai Municipal Code, Chapter 23.55 Entitled "Personnel," Including 23.55.030 Entitled "Qualification Pay 23.50.010 Entitled, "Employee Classification and, 23.55 Fiscal Year 2010 Operating Budget Salary Schedule. 2. Ordinance No. 2495 -2010 Increasing Estimated Revenues and Appropriations by $50,000 in the Water, Sewer and Streets Capital Project Fund for Public Road, Water, and Sewer Improvements. 3. Resolution No. 2009 -68 Supporting Actions Building and Maintaining a Sustainable community Within the City of Kenai, and Supporting Networking with Local Governments on the Kenai Peninsula. (Clerk's Note: At the May 19, 2010 meeting, Resolution No. 2009 -68 was substituted and then postponed to July 7, 2010 for consideration and an additional public hearing.) 4. 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.) 5. Resolution No. 2010 -40 Awarding the Bid for Portable Restrooms Rental and South Beach Dumpsters 2010 for the Total Amount Up to 6. Resolution No. 2010 -41 Approving the Purchase of Two Police Vehicles Through State of Alaska Equipment Fleet Contract Pricing at a Total Cost of $50,838. 7. Resolution No. 2010 -42 Declaring the 1982 T6 Oshkosh Crash /Fire /Rescue Truck to be Surplus or Obsolete, and to Be Sold as Provided in Kenai Municipal Code 7.15.060. 8. Resolution No. 2010 -43 Requesting the Kenai Peninsula Borough to Allocate $2,500,000 of Its Recovery Zone Facility Bond Volume Cap to the City of Kenai for the Issuance of Revenue Bonds to Fund the Construction of Commercial Hangars at the City's Airport. 9. *Restaurant Designation Application Pizza Paradisos (License #3032) The public hearing will commence at 7:00 p.m., or as soon thereafter as business permits, in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. All interested persons are invited to attend the meeting and participate in the public discussion. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances and /or resolutions may be amended by the Council prior to adoption without further public notice. Carol L. Freas, City Clerk Posted: July 2, 2010 AGENDA KENAI CITY COUNCIL REGULAR MEETING JULY 7, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http 7lwww. c i. ke n a i. a k. us ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 1. Mary Jo Joiner /Christine Cunningham All- America City 2011 Application Status 2. Judy Doherty, State of Alaska, Department of Transportation Kalifornsky Beach Road Pathway Project Update 3. Paul Morrison Wind Generation, Cap in Trade, Email Concerns 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. 2494 -2010 Amending the Kenai Municipal Code, Chapter 23.55 Entitled "Personnel," Including 23.55.030 Entitled "Qualification Pay" 23.50.010 Entitled, "Employee Classification" and, 23.55 Fiscal Year 2010 Operating Budget Salary Schedule. 2. Ordinance No. 2495 -2010 Increasing Estimated Revenues and Appropriations by $50,000 in the Water, Sewer and Streets Capital Project Fund for Public Road, Water, and Sewer Improvements. 3. Resolution No. 2009 -68 Supporting Actions Building and Maintaining a Sustainable community Within the City of Kenai, and Supporting Networking with Local Governments on the Kenai Peninsula. (Clerk's Note: At the May 19, 2010 meeting, Resolution No. 2009 -68 was substituted and then postponed to July 7 2010 for consideration and an additional public hearing.) 4. 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.) 5. Resolution No. 2010 -40 Awarding the Bid for Portable Restrooms Rental and South Beach Dumpsters 2010 for the Total Amount Up to 6. Resolution No. 201041 Approving the Purchase of Two Police Vehicles Through State of Alaska Equipment Fleet Contract Pricing at a Total Cost of $50,838. 7. Resolution No. 2010 -42 Declaring the 1982 T6 Oshkosh Crash /Fire /Rescue Truck to be Surplus or Obsolete, and to Be Sold as Provided in Kenai Municipal Code 7.15.060. 8. Resolution No. 2010 -43 Requesting the Kenai Peninsula Borough to Allocate $2,500,000 of Its Recovery Zone Facility Bond Volume Cap to the City of Kenai for the Issuance of Revenue Bonds to Fund the Construction of Commercial Hangars at the City's Airport. 9. *Restaurant Designation Application Pizza Paradisos (License #3032) ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000. 3. *Ordinance No. 2496 -2010 Adopting Updated Ownership, Zoning, and Land Use Maps for the Comprehensive Plan for the City of Kenai. 4. *Ordinance No. 2497 -2010 Amending KMC Chapter 1.10 Entitled "The Council," in Its Entirety and Specifically Addressing the Procedures for Special Meetings of the City Council and Making Technical Corrections. 5. Action /Approval Special Use Permit/Kenai Chamber of Commerce 6. Discussion Credit Card Use Schedule of Fees 7. Discussion Agreement/Chugiak Baptist Organization 8. Discussion Schedule Board of Adjustment Hearing 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. Frees, City Clerk D/211 NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinances) and /or Resolution(s) at the above referenced meeting. 1. Ordinance No 2494 -2010 Amending the Kenai Municipal Code, Chapter 23.55 Entitled "Personnel," Including 23.55.030 Entitled "Qualification Pay 23.50.010 Entitled, "Employee Classification and 23.55 Fiscal Year 2010 Operating Budget Salary Schedule. 2. Ordinance No. 2495 -2010 Increasing Estimated Revenues and Appropriations by $50,000 in the Water, Sewer and Streets Capital Project Fund for Public Road, Water, and Sewer Improvements. 3. 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. 4. Resolution No. 2010 -23 Corruption Act" Which Will 5. Resolution No. 2010 -40 South Beach Dumpsters 6. Resolution No. 2010 -41 Approving the Purchase of Two Police Vehicles Through State of Alaska Equipment Fleet Contract Pricing at a Total Cost of $50,838. 7. Resolution No. 2010 -42 Declaring the 1982 T6 Oshkosh Crash /Fire /Rescue Truck to be Surplus or Obsolete, and to Be Sold as Provided in Kenai Municipal Code 7.15.060. 8. Resolution No. 2010 -43 Requesting the Kenai Peninsula Borough to Allocate $2,500,000 of Its Recovery Zone Facility Bond Volume Cap to the City of Kenai for the Issuance of Revenue Bonds to Fund the Construction of Commercial Hangars at the City's Airport. 9. *Restaurant Designation Application Pizza Paradisos (License #3032) Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk. Please be advised, subject to legal limltations, Ordinances and /or resolutions may have been amended by the Council prior to adoption without further public notice. Carol L. Freas, City Clerk Posted: July 8, 2010 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE KENAI CITY COUNCIL MEETING OF JULY 7, 2010 (Clerk's Note: At the May 19, 2010 meeting, Resolution No. 2009 -68 was substituted and then postponed to July 7, 2010 for consideration and an additional public hearing.) (Clerk's Note: At its April 7, 2010 -23 to its July 7, 2010 Opposing An Initiative Creating an Alaska Anti be on the 2010 Alaska Primary Election Ballot. 2010 meeting, Council postponed Resolution No. meeting. The motion to adopt is active.) Awarding the Bid for Portable Restrooms Rental and 2010 for the Total Amount Up to Denise Reece every day X NOTARY PUBLIC in favor for the State of Alaska. My Commission exp PUBLISHER'S AFFIDAVIT UNITED STATES OF AMERICA, 1 STATE OF ALASKA is being first d sworn, on oath deposes and says: That 1 am and was at all times here in this affidavit mentions, Supervisor ofl Legals of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the Council A =en a PO #93476 a printed copy of which is hereto annexed was published in said paper one each and for one successive and consecutive day in the issues on the following dates: July 52010 SUBSCRIBED AND SWORN to we before 8th day of July 2010 AGENDA KENAI CITY COUNCIL REGULAR MEETING JULY 7, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htto://www.ci.kenai.ak.us ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 1. Mary Jo Joiner /Christine Cunningham All- America City 2011 Application Status 2. Judy Doherty, State of Alaska, Department of Transportation Kalifornsky Beach Road Pathway Project Update 3. Paul Morrison Wind Generation, Cap in Trade, Email Concerns 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. 2494-2010 Amending the Kenai Municipal Code, Chapter 23.55 Entitled "Personnel," Including 23.55.030 Entitled "Qualification. Pay 23.50.010 Entitled, "Employee Classification'; and, 23.55 Fiscal Year 2010 Operating Budget Salary Schedule. 2. Ordinance No 2495 -2010 Increasing Estimated Revenues and Appropriations by $50,000 in the Water, Sewer and Streets Capital Project Fund for Public Road, Water, and Sewer Improvements. 3. Resolution No. 2009-68 Supporting Actions Building and Maintaining a Sustainable community Within the City of Kenai, and Supporting Networking with Local Governments on the Kenai Peninsula, (Clerk's Note: At the May 19, 2010 meeting, Resolution No. 2009 48 was substituted and then postponed to July 7, 2010 for consideration and an additional public hearing.) 4. 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.) 5. Resolution No. 2010-40 Awarding the Bid for Portable Restrooms Rental and South Beach Dumpsters 2010 for the Total Amount Up to 6. Resolution No. 2010-41 Approving the Purchase of Two Police Vehicles Through State of Alaska Equipment Fleet Contract Pricing at a Total Cost of $50,838. 7. Resolution No. 2010 -42 Declaring the 1982 T6 Oshkosh Crash /Fire /Rescue Truck to be Surplus or Obsolete, and to Be Sold as Provided in Kenai Municipal Code 7.15.060. 8. Resolution No. 2010 -43 Requesting the Kenai Peninsula Borough to Allocate $2,500,000 of Its Recovery Zone Facility Bond Volume Cap to the City of Kenai for the Issuance of Revenue Bonds to Fund the Construction of Commercial Hangars at the City's Airport 9. *Restaurant Designation Application Pizza Paradisos (License #3032) ITEM FF: UNFINISHED BUSINESS ITEM'G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000. 3. *Ordinance No. 2496 -2010 Adopting Updated Ownership, Zoning, and Land Use Maps for the Comprehensive Plan for the City of Kenai. 4. *Ordinance No. 2497 -2010 Amending KMC Chapter 1.10 Entitled "The Council," in Its Entirety and Specifically Addressing the Procedures for Special Meetings of the City Council and Making Technical Corrections. 5. Action /Approval Special Use Permit/Kenai Chamber of Commerce 6. Discussion Credit Card Use Schedule of Fees 7. Discussion Agreement/Chugiak Baptist Organization 8. Discussion Schedule Board of Adjustment Hearing 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. Frees, City Clerk 0305/211